50 CFR Part 648

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR Part 648 (Dec. 4, 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

50 CFR Part 648 (Dec. 4, 2025) (enhanced display)

page 1 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR Part 648 (Dec. 4, 2025)

Part 648 Fisheries of the Northeastern United States
Subpart A General Provisions
§ 648.1 Purpose and scope.
§ 648.2 Definitions.
§ 648.3 Relation to other laws.
§ 648.4 Vessel permits.
§ 648.5 Operator permits.
§ 648.6 Dealer/processor permits.
§ 648.7 Recordkeeping and reporting requirements.
§ 648.8 Vessel identification.
§ 648.9 VMS vendor and unit requirements.
§ 648.10 VMS and DAS requirements for vessel owners/operators.
§ 648.11 Monitoring coverage.
§ 648.12 Experimental fishing.
§ 648.13 Transfers at sea.
§ 648.14 Prohibitions.
§ 648.15 Facilitation of enforcement.
§ 648.16 Penalties.
§ 648.17 Exemptions for vessels fishing in the NAFO Regulatory Area.
§ 648.18 Standardized bycatch reporting methodology.
Subpart B Management Measures for the Mackerel, Squid, and Butterfish
Fisheries
§ 648.20 Mid-Atlantic Fishery Management Council Acceptable Biological Catch (ABC) control
rules.
§ 648.21 Mid-Atlantic Fishery Management Council risk policy.
§ 648.22 Mackerel, squid, and butterfish specifications.
§ 648.23 Mackerel, squid, and butterfish gear restrictions.
§ 648.24 Fishery closures and accountability measures.
§ 648.25 Mackerel, squid, and butterfish framework adjustments to management measures.
§ 648.26 Mackerel, squid, and butterfish possession restrictions.
Subpart C Management Measures for Atlantic Salmon
§ 648.40 Prohibition on possession.
§ 648.41 Framework specifications.
Subpart D Management Measures for the Atlantic Sea Scallop Fishery
§ 648.50 Shell-height standard.
§ 648.51 Gear and crew restrictions.
§ 648.52 Possession and landing limits.
§ 648.53 Overfishing limit (OFL), acceptable biological catch (ABC), annual catch limits (ACL),
annual catch targets (ACT), annual projected landings (APL), DAS allocations, and
50 CFR Part 648 (Dec. 4, 2025) (enhanced display)

page 2 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR Part 648 (Dec. 4, 2025)

individual fishing quotas (IFQ).
§ 648.54 State waters exemption.
§ 648.55 Specifications and framework adjustments to management measures.
§ 648.56 Scallop research.
§§ 648.57-648.58 [Reserved]
§ 648.59 Sea Scallop Rotational Area Management Program and Access Area Program
requirements.
§ 648.60 Sea Scallop Rotational Areas.
§ 648.61 [Reserved]
§ 648.62 Northern Gulf of Maine (NGOM) Management Program.
§ 648.63 General category Sectors and harvesting cooperatives.
§ 648.64 Flounder Stock sub-ACLs and AMs for the scallop fishery.
§ 648.65 [Reserved]
Subpart E Management Measures for the Atlantic Surf Clam and Ocean Quahog
Fisheries
§ 648.70 Surfclam and ocean quahog Annual Catch Limit (ACL).
§ 648.71 Surfclam and ocean quahog Annual Catch Targets (ACT).
§ 648.72 Surfclam and ocean quahog specifications.
§ 648.73 Surfclam and ocean quahog Accountability Measures.
§ 648.74 Individual Transferable Quota (ITQ) Program.
§ 648.75 Shucking at sea and minimum surfclam size.
§ 648.76 Closed areas.
§ 648.77 Cage identification.
§ 648.78 Maine mahogany quahog zone.
§ 648.79 Surfclam and ocean quahog framework adjustments to management measures.
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.
50 CFR Part 648 (Dec. 4, 2025) (enhanced display)

page 3 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR Part 648 (Dec. 4, 2025)

§ 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.
Subpart G Management Measures for the Summer Flounder Fisheries
§ 648.100 Summer flounder Annual Catch Limit (ACL).
§ 648.101 Summer flounder Annual Catch Target (ACT).
§ 648.102 Summer flounder specifications.
§ 648.103 Summer flounder accountability measures.
§ 648.104 Summer flounder size requirements.
§ 648.105 Summer flounder recreational fishing season.
§ 648.106 Summer flounder possession restrictions.
§ 648.107 Conservation equivalent measures for the summer flounder fishery.
§ 648.108 Summer flounder gear restrictions.
§ 648.109 Sea turtle conservation.
§ 648.110 Summer flounder framework adjustments to management measures.
§ 648.111 Block Island Sound Transit Area.
Subpart H Management Measures for the Scup Fishery
§ 648.120 Scup Annual Catch Limit (ACL).
§ 648.121 Scup Annual Catch Target (ACT).
§ 648.122 Scup specifications.
§ 648.123 Scup accountability measures.
§ 648.124 Scup commercial season and commercial fishery area restrictions.
§ 648.125 Scup gear restrictions.
§ 648.126 Scup minimum fish sizes.
§ 648.127 Scup recreational fishing season.
§ 648.128 Scup possession restrictions.
§ 648.129 Protection of threatened and endangered sea turtles.
§ 648.130 Scup framework adjustments to management measures.
§ 648.131 Block Island Sound Transit Area.
Subpart I Management Measures for the Black Sea Bass Fishery
§ 648.140 Black sea bass Annual Catch Limit (ACL).
§ 648.141 Black sea bass Annual Catch Target (ACT).
§ 648.142 Black sea bass specifications.
§ 648.143 Black sea bass accountability measures.
§ 648.144 Black sea bass gear restrictions.
50 CFR Part 648 (Dec. 4, 2025) (enhanced display)

page 4 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR Part 648 (Dec. 4, 2025)

§ 648.145 Black sea bass possession limit.
§ 648.146 Black sea bass recreational fishing season.
§ 648.147 Black sea bass size requirements.
§ 648.148 Special management zones.
§ 648.149 Black sea bass framework adjustments to management measures.
§ 648.150 Block Island Sound Transit Zone.
§ 648.151 Black sea bass conservation equivalency.
Subpart J Management Measures for the Atlantic Bluefish Fishery
§ 648.160 Bluefish Annual Catch Limit (ACL).
§ 648.161 Bluefish Sector ACLs and Annual Catch Targets (ACTs).
§ 648.162 Bluefish specifications.
§ 648.163 Bluefish Accountability Measures (AMs).
§ 648.164 Bluefish possession restrictions.
§ 648.165 Bluefish minimum fish sizes.
§ 648.166 Bluefish gear restrictions.
§ 648.167 Bluefish framework adjustment to management measures.
Subpart K Management Measures for the Atlantic Herring Fishery
§ 648.200 Specifications.
§ 648.201 AMs and harvest controls.
§ 648.202 Season and area restrictions.
§ 648.203 Gear restrictions.
§ 648.204 Possession restrictions.
§ 648.205 VMS requirements.
§ 648.206 Framework provisions.
§ 648.207 Herring Research Set-Aside (RSA).
Subpart L Management Measures for the Spiny Dogfish Fishery
§ 648.230 Spiny dogfish Annual Catch Limits (ACLs).
§ 648.231 Spiny dogfish Annual Catch Target (ACT) and Total Allowable Level of Landings
(TAL).
§ 648.232 Spiny dogfish specifications.
§ 648.233 Spiny dogfish Accountability Measures (AMs).
§ 648.234 Gear restrictions.
§ 648.235 Spiny dogfish possession and landing restrictions.
§ 648.236 Special Management Zones. [Reserved]
§§ 648.237-648.238 [Reserved]
§ 648.239 Spiny dogfish framework adjustments to management measures.
Subpart M Management Measures for the Atlantic Deep-Sea Red Crab Fishery
§ 648.260 Specifications.
§ 648.261 Framework adjustment process.
50 CFR Part 648 (Dec. 4, 2025) (enhanced display)

page 5 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR Part 648 (Dec. 4, 2025)

§ 648.262 Accountability measures for red crab limited access vessels.
§ 648.263 Red crab possession and landing restrictions.
§ 648.264 Gear requirements/restrictions.
Subpart N Management Measures for the Golden Tilefish and Blueline Tilefish
Fisheries
§ 648.290 Tilefish Annual Catch Limits (ACL).
§ 648.291 Tilefish Annual Catch Targets (ACT).
§ 648.292 Tilefish specifications.
§ 648.293 Tilefish accountability measures.
§ 648.294 Golden tilefish individual fishing quota (IFQ) program.
§ 648.295 Tilefish commercial trip limits and landing condition.
§ 648.296 Tilefish recreational possession limits and gear restrictions.
§ 648.297 Tilefish gear restricted areas.
§ 648.299 Tilefish framework specifications.
Subpart O Management Measures for the NE Skate Complex Fisheries
§ 648.320 Skate FMP review and monitoring.
§ 648.321 Framework adjustment process.
§ 648.322 Skate allocation, possession, and landing provisions.
§ 648.323 Accountability measures.
Subpart P Mid-Atlantic Forage Species
§ 648.350 Mid-Atlantic forage species landing limits.
§ 648.351 Mid-Atlantic forage species possession limits.
§ 648.352 Mid-Atlantic forage species framework measures.
Subpart Q Habitat-Related Management Measures
§ 648.370 Habitat Management Areas.
§ 648.371 Dedicated Habitat Research Areas.
§ 648.372 Frank R. Lautenberg Deep-Sea Coral Protection Area.
§ 648.373 New England Deep-Sea Coral Protection Areas
Figure 1 to Part 648
Figure 1 to Part 648

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.

Editorial Note: Nomenclature changes to part 648 appear at 62 FR 14651, Mar. 27, 1997.
50 CFR 648 (enhanced display)

page 6 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.1

Subpart A—General Provisions
§ 648.1 Purpose and scope.
(a) This part implements the fishery management plans (FMPs) for the Atlantic mackerel, Atlantic chub
mackerel, longfin squid, Illex squid, and butterfish fisheries (Mackerel, Squid, and Butterfish FMP); Atlantic
salmon (Atlantic Salmon FMP); the Atlantic sea scallop fishery (Scallop FMP); the Atlantic surfclam and
ocean quahog fisheries (Atlantic Surfclam and Ocean Quahog FMP); the NE multispecies and monkfish
fisheries ((NE Multispecies FMP) and (Monkfish FMP)); the summer flounder, scup, and black sea bass
fisheries (Summer Flounder, Scup, and Black Sea Bass FMP); the Atlantic bluefish fishery (Atlantic
Bluefish FMP); the Atlantic herring fishery (Atlantic Herring FMP); the spiny dogfish fishery (Spiny Dogfish
FMP); the Atlantic deep-sea red crab fishery (Deep-Sea Red Crab FMP); the golden and blueline tilefish
fisheries (Tilefish FMP); and the NE skate complex fisheries (Skate FMP). These FMPs and the
regulations in this part govern the conservation and management of the above named fisheries of the
Northeastern United States.
(b) This part governs domestic fishing only. Foreign fishing is governed under subpart F of part 600 of this
chapter.
[61 FR 34968, July 3, 1996, as amended at 61 FR 43424, Aug. 23, 1996; 62 FR 13299, Mar. 20, 1997; 65 FR 1568, Jan. 11, 2000; 65
FR 77464, Dec. 11, 2000; 66 FR 49192, Sept. 26, 2001; 67 FR 63229, Oct. 10, 2002; 68 FR 49699, Aug. 19, 2003; 76 FR 60649, Sept.
29, 2011; 82 FR 52855, Nov. 15, 2017; 85 FR 47109, Aug. 4, 2020]

§ 648.2 Definitions.
In addition to the definitions in the Magnuson Act and in § 600.10 of this chapter, the terms used in this part have
the following meanings:
Alewife means Alosa pseudoharengus.
American lobster or lobster means Homarus americanus.
American shad means Alosa sapidissima.
Annual catch entitlement (ACE), with respect to the NE multispecies fishery, means the share of the annual catch
limit (ACL) for each NE multispecies stock that is allocated to an individual sector or state-operated
permit bank based upon the cumulative fishing history attached to each permit participating in that sector
or held by a state-operated permit bank in a given year. This share may be adjusted due to penalties for
exceeding the sector's ACE for a particular stock in earlier years, or due to other violations of the FMP,
including the yearly sector operations plan. When a sector's or state-operated permit bank's share of a NE
multispecies stock, as determined by the fishing histories of vessels participating in that sector or
permits held by a state-operated permit bank, is multiplied by the available catch, the result is the amount
of ACE (live weight in pounds) that can be harvested (landings and discards) by participants in that sector
or transferred by a state-operated permit bank, during a particular fishing year.
At-sea monitor, with respect to the NE multispecies fishery, means any person responsible for observing,
verifying, and reporting area fished, catch, and discards of all species by gear type for sector trips as part
of an approved sector at-sea monitoring program.
Atlantic butterfish or butterfish means Peprilus triacanthus.

50 CFR 648.2 “Atlantic butterfish or butterfish” (enhanced display)

page 7 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Atlantic Chub Mackerel Management Unit”

Atlantic Chub Mackerel Management Unit means an area of the Atlantic Ocean in which the United States
exercises exclusive jurisdiction over all Atlantic chub mackerel fished for, possessed, caught, or retained
in or from that is bounded on the west and north by the coastline of the United States; bounded on the
east by the outer limit of the U.S. EEZ; and bounded on the south by a line following the lateral seaward
boundary between North Carolina and South Carolina from the coast to the Submerged Lands Act line,
approximately 33°48′46.37″ N lat., 78°29′46.46″ W long., and then heading due east along 33°48′46.37″ N
lat. to the outer limit of the U.S. Exclusive Economic Zone.
Atlantic croaker means Micropogonias undulatus.
Atlantic deep-sea red crab (red crab) means Chaceon quinquedens.
Atlantic hagfish means Myxine glutinosa.
Atlantic herring means Clupea harengus.
Atlantic herring carrier means a fishing vessel that may receive and transport herring caught by another fishing
vessel, provided the vessel has been issued a herring permit, does not have any gear on board capable of
catching or processing herring, and that has on board a letter of authorization from the Regional
Administrator to transport herring caught by another fishing vessel or has declared an Atlantic herring
carrier trip via VMS consistent with the requirements at § 648.4(a)(10)(ii).
Atlantic herring dealer means:
(1) Any person who purchases or receives for a commercial purpose other than solely for transport or
pumping operations any herring from a vessel issued a Federal Atlantic herring permit, whether
offloaded directly from the vessel or from a shore-based pump, for any purpose other than for the
purchaser's own use as bait;
(2) Any person owning or operating a processing vessel that receives any Atlantic herring from a vessel
issued a Federal Atlantic herring permit whether at sea or in port; or
(3) Any person owning or operating an Atlantic herring carrier that sells Atlantic herring received at sea
or in port from a vessel issued a Federal Atlantic herring permit.
Atlantic herring offload means to remove, begin to remove, to pass over the rail, or otherwise take Atlantic
herring off of or away from any vessel issued an Atlantic herring permit for sale to either a permitted atsea Atlantic herring dealer or a permitted land-based Atlantic herring dealer.
Atlantic herring processor means a person who receives unprocessed Atlantic herring from a fishing vessel
issued a Federal Atlantic herring permit or from an Atlantic herring dealer for the purposes of processing;
or the owner or operator of a fishing vessel that processes Atlantic herring; or an Atlantic herring dealer
who purchases Atlantic herring from a fishing vessel with a Federal Atlantic herring permit for resale as
bait.
Atlantic herring transfer at-sea means a transfer from the hold, deck, codend, or purse seine of a vessel issued
an Atlantic herring permit to another vessel for personal use as bait, to an Atlantic herring carrier or at-sea
processor, to a permitted transshipment vessel, or to another permitted Atlantic herring vessel. Transfers
between vessels engaged in pair trawling are not herring transfers at-sea.
Atlantic mackerel means Scomber scombrus.
Atlantic salmon means Salmo salar.
Atlantic sea scallop or scallop means Placopecten magellanicus, throughout its range.
50 CFR 648.2 “Atlantic sea scallop or scallop” (enhanced display)

page 8 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Beam trawl”

Beam trawl means gear, consisting of a twine bag attached to a beam attached to a towing wire, designed so
that the beam does not contact the bottom. The beam is constructed with sinkers or shoes on either side
that support the beam above the bottom or any other modification so that the beam does not contact the
bottom. The beam trawl is designed to slide along the bottom rather than dredge the bottom.
Black sea bass means Centropristis striata.
Black Sea Bass Monitoring Committee means a committee made up of staff representatives of the Mid-Atlantic,
New England, and South Atlantic Fishery Management Councils, the Northeast Regional Office of NMFS,
the Northeast Fisheries Science Center, and Commission representatives. The Council Executive Director
or his designee chairs the Committee.
Black sea bass pot or black sea bass trap means any such gear used in catching and retaining black sea bass.
Blowfish (puffer) means any species in the family Tetraodontidae.
Blueback herring means Alosa aestivalis.
Bluefish means Pomotomus saltatrix.
Bluefish Monitoring Committee means a committee made up of staff representatives of the Mid-Atlantic Fishery
Management Council, the New England Fishery Management Council, and South Atlantic Fishery
Management Council, the NMFS Northeast Regional Office, the NMFS Northeast Fisheries Science Center,
and the Commission. The Mid-Atlantic Fishery Management Council's Executive Director or a designee
chairs the committee.
Blueline tilefish means Caulolatilus microps.
Bonito means Sarda sarda.
Border transfer (BT) means the amount of herring specified pursuant to § 648.200 that may be transferred to a
Canadian transport vessel that is permitted under the provisions of Pub. L. 104-297, section 105(e).
Bottom-tending mobile gear, means gear in contact with the ocean bottom, and towed from a vessel, which is
moved through the water during fishing in order to capture fish, and includes otter trawls, beam trawls,
hydraulic dredges, non-hydraulic dredges, and seines (with the exception of a purse seine).
Bridles connect the wings of a bottom trawl to the ground cables. The ground cables lead to the doors or otter
boards. The doors are attached to the towing vessel via steel cables, referred to as wires or warps. Each
net has two sets of bridles, one on each side.
Brush-sweep trawl gear means trawl gear consisting of alternating roller discs and bristle brushes that are
strung along cables, chains, or footropes, and aligned together to form the sweep of the trawl net,
designed to allow the trawl sweep to maintain contact with the ocean floor, or any modification to trawl
gear that is substantially similar in design or effect.
Bushel (bu) means a standard unit of volumetric measurement deemed to hold 1.88 ft3 (53.24 L) of surfclams
or ocean quahogs in shell.
Cage means a container with a standard unit of volumetric measurement containing 60 ft3 (1,700 L). The
outside dimensions of a standard cage generally are 3 ft (91 cm) wide, 4 ft (122 cm) long, and 5 ft (152
cm) high.
Calendar day, with respect to the squid and butterfish fisheries, means the 24-hr period beginning at 0001 hours
and ending at 2400 hours,
50 CFR 648.2 “Calendar day” (enhanced display)

page 9 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Chafing gear or cookies”

Chafing gear or cookies, with respect to the scallop fishery, means steel, rubberized or other types of donut rings,
disks, washers, twine, or other material attached to or between the steel rings of a sea scallop dredge.
Charter or party boat means any vessel that carries passengers for hire to engage in recreational fishing and,
with respect to multispecies, that is not fishing under a DAS.
Circle hook, with respect to the NE multispecies fishery, means a fishing hook with the point turned
perpendicularly back to the shank, or an offset circle hook where the barbed end of the hook is displaced
relative to the parallel plane of the eyed-end, or shank, of the hook when laid on its side.
Combination vessel means a vessel that has fished in any one calendar year with scallop dredge gear and otter
trawl gear during the period 1988 through 1990, and that is eligible for an allocation of individual DAS
under the NE Multispecies FMP and has applied for or been issued a limited access scallop permit.
Commercial fishing or fishing commercially means fishing that is intended to, or results in, the barter, trade,
transfer, or sale of fish.
Commission means the Atlantic States Marine Fisheries Commission.
Common pool trip, with respect to the NE multispecies fishery, means any trip taken by a common pool vessel
under a NE multispecies DAS or under the provisions of a limited access NE multispecies Small Vessel or
Handgear A permit, or an open access Handgear B permit that lands regulated species or ocean pout.
Common pool vessel, with respect to the NE multispecies fishery, means any vessel issued a limited access NE
multispecies permit or open access NE multispecies Handgear B permit that is not a member of an
approved sector for a particular fishing year and that is not operating under the provisions of an approved
sector operations plan. Such vessels must use a NE multispecies DAS, or be fishing under the provisions
of a limited access NE multispecies Small Vessel or Handgear A permit, or an open access Handgear B
permit, to land regulated species or ocean pout, and must comply with effort controls, trip limits, gear
restricted areas, and other provisions specified in this part. Vessels fishing under the provisions of the
common pool are also referred to as non-sector vessels.
Conger eel means Conger oceanicus.
Continuous transit or transit, with respect to the Atlantic Sea Scallop Fishery, means that a vessel has fishing
gear stowed and not available for immediate use, as described in this section, and travels through an area
with a direct heading, consistent with navigational safety, while maintaining expeditious headway
throughout the transit without loitering or delay.
Council means the New England Fishery Management Council (NEFMC) for the Atlantic herring, Atlantic sea
scallop, Atlantic deep-sea red crab, NE multispecies, monkfish, and NE skate fisheries; or the Mid-Atlantic
Fishery Management Council (MAFMC) for the Atlantic mackerel, Atlantic chub mackerel, Illex squid,
longfin squid, and butterfish; Atlantic surfclam and ocean quahog; summer flounder, scup, and black sea
bass; spiny dogfish; Atlantic bluefish; and tilefish fisheries.
Councils with respect to the monkfish fishery and spiny dogfish fishery means the New England Fishery
Management Council (NEFMC) and the Mid-Atlantic Fishery Management Council (MAFMC).
Cunner means Tautogolabrus adspersus.
DAS flip , with respect to the NE multispecies fishery, means ending fishing under a Regular B DAS and
beginning fishing under a Category A DAS.

50 CFR 648.2 “DAS flip” (enhanced display)

page 10 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “DAS Lease”

DAS Lease, with respect to the NE multispecies limited access fishery, means the transfer of the use of DAS
from one limited access NE multispecies vessel to another limited access NE multispecies vessel for a
period not to exceed a single fishing year.
DAS Lessee, with respect to the NE multispecies limited access fishery, means the NE multispecies limited
access vessel owner and/or the associated vessel that acquires the use of DAS from another NE
multispecies limited access vessel.
DAS Lessor, with respect to the NE multispecies limited access fishery, means the NE multispecies limited
access vessel owner and/or the associated vessel that transfers the use of DAS to another NE
multispecies limited access vessel.
Day(s)-at-Sea (DAS), with respect to the NE multispecies and monkfish fisheries (except as described in §
648.82(k)(1)(iv)), and the Atlantic sea scallop fishery, means the 24-hr period of time or any part thereof
during which a fishing vessel is absent from port to fish for, possess, or land, or fishes for, possesses or
lands, regulated species, monkfish, or scallops.
Dealer means any person who receives, for a commercial purpose (other than solely for transport on land), from
the owner or operator of a vessel issued a valid permit under this part, any species of fish, the harvest of
which is managed by this part, unless otherwise exempted in this part.
Dealer code means a confidential five-digit number assigned to each dealer required to submit purchases using
the IVR system for the purpose of maintaining the integrity of the data reported through the IVR system.
De-hooker, with respect to the NE multispecies hook gear fishery, means the fairlead rollers when used in a
manner that extracts fish hooks from caught fish, also known as “crucifiers.”
Directed fishery, with respect to the longfin squid, Illex squid, and butterfish fisheries, means commercial fishery
operations in which more than an incidental catch of each species, as defined in this section, is retained
by a vessel.
Dockside/roving monitor, with respect to the NE multispecies fishery, means any person responsible for
observing/verifying the offloads of all species by common pool or sector vessels either directly to a
federally permitted dealer or to a truck for later delivery to a federally permitted dealer, and for certifying
the accuracy of landed weights, as reported by federally permitted dealers, pursuant to this part.
Dredge or dredge gear, with respect to the scallop fishery, means gear consisting of a mouth frame attached to a
holding bag constructed of metal rings, or any other modification to this design, that can be or is used in
the harvest of scallops.
Dredge bottom, with respect to scallops, means the rings and links found between the bail of the dredge and the
club stick, which, when fishing, would be in contact with the sea bed. This includes the triangular shaped
portions of the ring bag commonly known as “diamonds.”
Dredge top, with respect to the scallop fishery, means the mesh panel in the top of a dredge and immediately
adjacent rings and links found between the bail of the dredge, the club stick, and the two side panels. The
bail of the dredge is the rigid structure of the forward portion of the dredge that connects to the warp and
holds the dredge open. The club stick is the rigid bar at the tail of the dredge bag that is attached to the
rings.
Dredge vessel, with respect to the scallop fishery, means any fishing vessel that is equipped for fishing using
dredge gear and that is capable of catching scallops.

50 CFR 648.2 “Dredge vessel” (enhanced display)

page 11 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Electronic monitoring”

Electronic monitoring means a network of equipment that uses a software operating system connected to one
or more technology components, including, but not limited to, cameras and recording devices to collect
data on catch and vessel operations. With respect to the groundfish sector monitoring program, electronic
monitoring means any equipment that is used to meet sector monitoring requirements in § 648.11 in lieu
of at-sea monitors as part of an approved sector at-sea monitoring program, including the audit model
and maximized retention model.
Electronic monitoring audit model with respect to the groundfish sector monitoring program means a program in
which all eligible trips must be electronically monitored; fish must be handled in view of cameras; allowed
discarding must occur at controlled points in view of cameras; species identification and length must be
collected for regulated species and ocean pout discards for catch estimation; discards are reported at the
sub-trip level; and electronic monitoring data are compared to the area fished, regulated species and
ocean pout discards, and other information reported on the vessel trip report on a subset of trips for
validation.
Electronic monitoring data means the data that are created in the collection of fishery-dependent data by
electronic monitoring systems during fishing operations, including the video, images, and other sensor
data, as well as the metadata that provides information (e.g., trip sail date, vessel information) about the
raw data.
Electronic monitoring maximized retention model with respect to the groundfish sector monitoring program,
means a program in which all eligible trips are electronically monitored; fish must be handled in view of
cameras; allowed discarding must occur at controlled points in view of cameras; all allocated regulated
species stocks must be retained; electronic monitoring is used to verify compliance; and offloads are
subject to observation by dockside monitors.
Electronic monitoring provider staff means any video reviewer, or any person employed or contracted by an
electronic monitoring service provider to provide electronic monitoring services to vessels.
Exempted gear, with respect to the NE multispecies fishery, means gear that is deemed to be not capable of
catching NE multispecies, and includes: Pelagic hook and line, pelagic longline, spears, rakes, diving gear,
cast nets, tongs, harpoons, weirs, dipnets, stop nets, pound nets, pelagic gillnets, pots and traps, shrimp
trawls (with a properly configured grate as defined under this part), and surfclam and ocean quahog
dredges.
Fishing circle , with respect to the NE multispecies limited access fishery, means the calculated circumference
of a bottom trawl based on the number of meshes and stretched mesh length at the narrow, aft end of the
square of the net.
Fishing trip or trip means a period of time during which fishing is conducted, beginning when the vessel leaves
port and ending when the vessel returns to port.
Fishing year means:
(1) For the Atlantic deep-sea red crab fishery, from March 1 through the last day of February of the
following year.
(2) Beginning in 2018, for the Atlantic sea scallop fishery, from April 1 through March 31 of the following
year (for 2017, the Atlantic sea scallop fishing year will be from March 1, 2017, through March 31,
2018).
(3) For the NE multispecies, monkfish and skate fisheries, from May 1 through April 30 of the following
year.
50 CFR 648.2 “Fishing year” (3) (enhanced display)

page 12 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Fishing year” (4)

(4) For all other fisheries in this part, from January 1 through December 31.
Fixed gear, for the purposes of the Atlantic herring fishery, means weirs or stop seines.
Flatfish gillnets means gillnets that are either constructed with no floats on the float line, or that are constructed
with floats on the float line and that have tie-down twine between the float line and the lead line not more
than 48 inches (18.90 cm) in length and spaced not more than 15 feet (4.57 m) apart.
FMP means fishery management plan.
Fourspot flounder means Paralichthys oblongus.
Full-processing (fully process or fully processed), with respect to the Atlantic deep-sea red crab fishery, means any
activity that removes meat from any part of a red crab.
Gillnet gear capable of catching multispecies means all gillnet gear except pelagic gillnet gear specified at §
648.81(b)(2)(ii) and (d)(5)(ii) and pelagic gillnet gear that is designed to fish for and is used to fish for or
catch tunas, swordfish, and sharks.
Golden tilefish means Lopholatilus chamaeleonticeps.
Gross registered tonnage (GRT) means the gross registered tonnage specified on the USCG documentation for a
vessel.
Ground cables on a bottom trawl run between the bridles, which attach directly to the wings of the net, and the
doors, or otter boards. The doors are attached to the towing vessel via steel cables, referred to as wires or
warps.
Hagfish means Myxine glutinosa.
Hail Weight means a good-faith estimate in pounds (or count of individual fish, if a party or charter vessel), by
species, of all species, or parts of species, such as monkfish livers, landed or discarded for each trip.
Handgear, with respect to the NE multispecies fishery, means handline gear, rod and reel gear, and tub-trawl
gear.
Handline or handline gear means fishing gear that is released by hand and consists of one main line to which is
attached no more than two leaders for a total of no more than three hooks. Handlines are retrieved only
by hand, not by mechanical means.
Harbor porpoise means Phocoena phocoena.
Harbor Porpoise Review Team (HPRT) means a team of scientific and technical experts appointed by the NEFMC
to review, analyze, and propose harbor porpoise take mitigation alternatives.
Hickory shad means Alosa mediocris.
Hook gear means fishing gear that is comprised of a hook or hooks attached to a line and includes, but is not
limited to, longline, setline, jigs, troll line, rod and reel, and line trawl.
Illex means Illex illecebrosus (short-finned or summer squid).
Incidental catch, with respect to the longfin squid, Illex squid, and butterfish fisheries, means less than 250 lb
(113 kg) of longfin squid, 10,000 lb (4,536 kg) of Illex squid, or 600 lb (272 kg) of butterfish retained on
board the vessel.

50 CFR 648.2 “Incidental catch” (enhanced display)

page 13 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Incidental Total Allowable Catch (TAC)”

Incidental Total Allowable Catch (TAC) , with respect to the NE multispecies fishery, means the total amount of
catch (both kept and discarded) of a regulated groundfish stock of concern that can be taken by vessels
fishing under Category B DAS.
Individual Transferable Quota (ITQ) Program means, for the Atlantic surfclam and ocean quahog fishery, the
annual individual allocation of quota specified at § 648.74.
Inshore exempted species means the following species:
Bay scallop—Aequipecten irradians.
Blood arc clam—Anadara ovalis.
Blood worm—Glycera dibranchiata.
Blue crab—Callinectes similis and Callinectes sapidus.
Blue mussel—Mytilus edulis.
Green crab—Carcinus maenas.
Hermit crab—Clibanarius vittatus, Pagurus pollicaris and Pagurus longicarpus.
Japanese shore crab—Hemigrapsus sanguineus.
Oyster—Crassostrea virginica and Ostrea edulis.
Quahog—Mercenaria mercenaria.
Razor clam—Ensis directus.
Sand worm—Neresis virens.
Soft clam—Mya arenaria.
Spider crabLibinia emarginata.
Interest in an IFQ allocation means: An allocation of quota share or annual IFQ allocation held by an individual; or
by a company in which the individual is an owner, part owner, officer, shareholder, or partner; or by an
immediate family member (an individual's parents, spouse, children, and siblings).
IVR System means the Interactive Voice Response reporting system established by the Regional Administrator
for the purpose of monitoring harvest levels for certain species.
Jigging , with respect to the NE multispecies fishery, means fishing for regulated species with handgear,
handline, or rod and reel using a jig, which is a weighted object attached to the bottom of the line used to
sink the line and/or imitate a baitfish, which is moved (“jigged”) with an up and down motion.
John Dory means Zenopsis conchifera.
50 CFR 648.2 “John Dory” (enhanced display)

page 14 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “JVPt, with respect to the Atlantic herring
fishery”

JVPt, with respect to the Atlantic herring fishery, means the specification of the total amount of herring available
for joint venture processing by foreign vessels in the EEZ and state waters.
Land means to begin offloading fish, to offload fish, or to enter port with fish.
Lessee means:
(1) A vessel owner who receives temporarily transferred NE multispecies DAS from another vessel
through the DAS Leasing Program specified at § 648.82(k); or
(2) A person or entity eligible to hold golden tilefish IFQ allocation, who receives temporarily transferred
golden tilefish IFQ allocation, as specified at § 648.294(e)(1).
Lessor means:
(1) A vessel owner who temporarily transfers NE multispecies DAS to another vessel through the DAS
Leasing Program specified at § 648.82(k); or
(2) An IFQ allocation permit holder who temporarily transfers golden tilefish IFQ allocation, as specified
at § 648.294(e)(1).
Limited access general category (LAGC) scallop vessel means a vessel that has been issued an individual fishing
quota (IFQ), Northern Gulf of Maine (NGOM), or incidental catch LAGC scallop permit pursuant to §
648.4(a)(2)(ii). An LAGC scallop vessel may also be issued a limited access scallop permit.
Limited access herring vessel means a vessel that has been issued a valid permit for any type of limited access
herring vessel permit described in § 648.4.
Limited access scallop vessel means a vessel that has been issued a limited access full-time, part-time, or
occasional scallop permit pursuant to § 648.4(a)(2)(i). A limited access scallop vessel may also be
issued an LAGC scallop permit.
Liner means a piece of mesh or any other material rigged inside or outside the main or outer net or dredge that
restricts the mesh or ring size or otherwise reduces escapement.
Link, with respect to the sea scallop fishery, means the material, usually made of a 3⁄8-inch (10-mm) or 7⁄16-inch
(11-mm) diameter metal rod, that joins two adjacent rings within the ring bag of a dredge.
Little tunny means Euthynnus alleteratus.
Longfin squid means Doryteuthis (Amerigo) pealeii (formerly Loligo pealeii).
Longhorn sculpin means Myoxocephalus octodecimspinosus.
Longline gear means fishing gear that is or is designed to be set horizontally, either anchored, floating, or
attached to a vessel, and that consists of a main or ground line with three or more gangions and hooks.
Low-profile gillnet gear means monkfish gillnets that are constructed with the following characteristics designed
to reduce interaction with Atlantic sturgeon: 12 to 13 inch (30.48 to 33.02 cm) diamond mesh; Net height
of 6 to 8 meshes; Net length of 300 feet (91.44 m); Tie-down length less than or equal to 30 inches (76.2
cm); Tie-down spacing of 12 feet (3.66 m); Primary hanging ratio of 0.50 (i.e., the length of webbing is
twice that of the length of line used); Twine size of 0.81 mm; and the net is tied at every float to keep the
float line down.

50 CFR 648.2 “Low-profile gillnet gear” (enhanced display)

page 15 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Mackerel, Squid, and Butterfish Monitoring
Committee”

Mackerel, Squid, and Butterfish Monitoring Committee means the committee made up of staff representatives of
the MAFMC and the NEFMC, and the Greater Atlantic Regional Fisheries Office and NEFSC of NMFS. The
MAFMC Executive Director or a designee chairs the Committee.
Mahogany Quahog see Ocean Quahog
Maine bushel means a standard unit of volumetric measurement equal to 1.2445 cubic feet (35.24 L) of ocean
quahogs in the shell.
Maine mahogany quahog zone means the area bounded on the east by the U.S.-Canada maritime boundary, on
the south by a straight line at 43°50′ N. latitude, and on the north and west by the shoreline of Maine.
MCSP means a Mobile Communications Service Provider, which is an operator of a mobile communications
service used to provide wireless connectivity between mobile platforms and fixed platforms, and enables
location transmission and two-way message exchange between the vessel and NMFS, when using a
compatible MTU.
Menhaden means Atlantic menhaden, Brevoortia tyrannus.
Mid-Atlantic forage species means the following species and species groups:
(1) Anchovies (family Engraulidae), including but not limited to the following species:
(i)

Striped anchovy-Anchoa hepsetus.

(ii) Dusky anchovy-Anchoa lyolepis.
(iii) Bay anchovy-Anchoa mitchilli.
(iv) Silver anchovy-Engraulis eurystole.
(2) Argentines (family Argentinidae), including but not limited to the following species:
(i)

Striated argentine-Argentina striata.

(ii) Pygmy argentine-Glossanodon pygmaeus.
(3) Greeneyes (family Chlorophthalmidae), including but not limited to the following species:
(i)

Shortnose greeneye-Chlorophthalmus agassizi.

(ii) Longnose greeneye-Parasudis truculenta.
(4) Halfbeaks (family Hemiramphidae), including but not limited to the following species:
(i)

Flying halfbeak-Euleptorhamphus velox.

(ii) Balao-Hemiramphus balao.
(iii) Ballyhoo-Hemiramphus brasiliensis.
(iv) False silverstripe halfbeak/American halfbeak/Meek's halfbeak-Hyporhamphus meeki.
(5) Herrings and Sardines (family Clupeidae). With the exception of other herring and sardine species
managed under this part, including American shad, Atlantic herring, blueback herring, hickory shad,
and river herring/alewife, as defined in this section, the following herring and sardine species are
Mid-Atlantic forage species:
(i)

Round herring-Etrumeus teres.

50 CFR 648.2 “Mid-Atlantic forage species” (5)(i) (enhanced display)

page 16 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Mid-Atlantic forage species” (5)(ii)

(ii) Scaled sardine-Harengula jaguana.
(iii) Atlantic thread herring-Opisthonema oglinum.
(iv) Spanish sardine-Sardinella aurita.
(6) Lanternfishes (family Myctophidae), including but not limited to the following species:
(i)

Horned lanternfish-Ceratoscopelus maderensis.

(ii) Dumril's headlightfish-Diaphus dumerilii.
(iii) Crocodile lanternfish-Lampanyctus crocodilus.
(iv) Doflein's false headlightfish-Lobianchia dofleini.
(v) Spotted lanternfish-Myctophum punctatum.
(7) Pearlsides (family Sternoptychidae), including but not limited to the following species:
(i)

Atlantic silver hatchetfish-Argyropelecus aculeatus.

(ii) Muller's pearlside-Maurolicus muelleri.
(iii) Weizman's pearlside-Maurolicus weitzmani.
(iv) Slope hatchetfish-Polyipnus clarus.
(8) Sand lances (family Ammodytidae), including but not limited to the following species:
(i)

American/inshore sand lance-Ammodytes americanus.

(ii) Northern/offshore sand lance-Ammodytes dubius.
(9) Silversides (family Atherinopsidae), including but not limited to the following species:
(i)

Rough silverside-Membras martinica.

(ii) Inland silverside-Menidia beryllina.
(iii) Atlantic silverside-Menidia menidia.
(10) Cusk-eels (order Ophidiiformes), including but not limited to the following species:
(i)

Chain pearlfish-Echiodon dawsoni.

(ii) Fawn cusk-eel-Lepophidium profundorum.
(iii) Striped cusk-eel-Ophidion marginatum.
(11) Atlantic saury-Scomberesox saurus.
(12) Pelagic mollusks and cephalopods, excluding sharptail shortfin squid (Illex oxygonius), but including
the following pelagic mollusc species:
(i)

Neon flying squid-Ommastrephes bartramii.

(ii) European flying squid-Todarodes sagittatus.
(iii) Atlantic brief squid-Lolliguncula brevis.
(iv) Bobtail squids (family Sepiolidae), including but not limited to the following species:
50 CFR 648.2 “Mid-Atlantic forage species” (12)(iv) (enhanced display)

page 17 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Mid-Atlantic forage species” (12)(iv)(A)

(A) Odd bobtail squid-Heteroteuthis dispar.
(B) Big fin bobtail squid-Rossia megaptera.
(C) Warty bobtail squid-Rossia palpebrosa.
(D) Lesser bobtail squid-Semirossia tenera.
(E) Butterfly bobtail squid-Stoloteuthis leucoptera.
(v) Sea angels and sea butterflies (orders Gymnosomata and Thecosomata).
(vi) Tuberculate pelagic octopus-Ocythoe tuberculata.
(13) Species under one inch as adults, including but not limited to the following species groups:
(i)

Copepods (subclass Copepoda).

(ii) Krill (order Euphausiacea).
(iii) Amphipods (order Amphipoda).
(iv) Ostracods (class Ostracoda).
(v) Isopods (order Isopoda).
(vi) Mysid shrimp (order Mysidacea).
Midwater trawl gear means trawl gear that is designed to fish for, is capable of fishing for, or is being used to fish
for pelagic species, no portion of which is designed to be or is operated in contact with the bottom at any
time. The gear may not include discs, bobbins, or rollers on its footrope, or chafing gear as part of the net.
Mobile gear means trawls, beam trawls, and dredges that are designed to maneuver with that vessel.
Monkfish, also known as anglerfish or goosefish, means Lophius americanus.
Monkfish gillnets means gillnet gear with mesh size no smaller than 10-inches (25.4 cm) diamond mesh that is
designed and used to fish for and catch monkfish while fishing under a monkfish DAS.
Monkfish Monitoring Committee means a team of scientific and technical staff appointed by the NEFMC and
MAFMC to review, analyze, and recommend adjustments to the management measures. The team
consists of staff from the NEFMC and the MAFMC, NMFS Northeast Regional Office, NEFSC, the USCG,
two fishing industry representatives selected by their respective Council chairman (one from each
management area with at least one of the two representing either the Atlantic sea scallop or northeast
multispecies fishery), and staff from affected coastal states, appointed by the Atlantic States Marine
Fisheries Commission. The Chair is elected by the Committee from within its ranks, subject to the
approval of the Chairs of the NEFMC and MAFMC.
Monkfish-only DAS means monkfish DAS allocated to a limited access monkfish Category C, D, F, G, or H permit
that are in excess of that permit's initial allocation of Northeast multispecies Category A DAS at the
beginning of a fishing year.
MTU means a Mobile Transmitting Unit, which is a transceiver or communications device, including antennae,
dedicated message terminal and display, and an input device such as a keyboard installed on a fishing
vessel participating in the VMS program.
Mullet means any species in the family Mugilidae.
50 CFR 648.2 “Mullet” (enhanced display)

page 18 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Multispecies frames”

Multispecies frames, also known as multispecies racks, means the remains of the multispecies finfish after it
has been filleted or processed, not including the fillet.
Multispecies Monitoring Committee means a team of scientific and technical staff appointed by the NEFMC to
review, analyze, and recommend adjustments to the measurement measures. The team consists of staff
from the NEFMC and the MAFMC, NMFS Northeast Region Office, NEFSC, the USCG, an industry
representative, and no more than two representatives, appointed by the Commission, from affected
states.
NAFO means Northwest Atlantic Fisheries Organization.
NAFO Convention Area means the waters of the Northwest Atlantic Ocean north of 35°00′ N. lat. and west of a
line extending due north from 35°00′ N. lat. and 42°00′ W. long. to 59°00′ N. lat., thence due west to 44°00′
W. long., and thence due north to the coast of Greenland and the waters of the Gulf of St. Lawrence, Davis
Strait and Baffin Bay south of 78°10′ N. lat.
NAFO Regulatory Area means the part of the NAFO Convention Area which lies beyond the 200-mile zone of the
coastal states.
NEFSC means the Northeast Fisheries Science Center, NMFS.
NE Skate Complex (skates) means Leucoraja ocellata (winter skate); Dipturis laevis (barndoor skate); Amblyraja
radiata (thorny skate); Malacoraja senta (smooth skate); Leucoraja erinacea (little skate); Raja eglanteria
(clearnose skate); and Leucoraja garmani (rosette skate).
Net tonnage (NT) means the net tonnage specified on the USCG documentation for a vessel.
Non-exempt gillnet fishery means a fishery which uses gillnet gear capable of catching multispecies.
Non-exempt species means species of fish not included under the GOM, GB and SNE Regulated Mesh Area
exempted fisheries, as specified in § 648.80(a)(5); (a)(6); (a)(9) through (14); (b)(3)(i) and (ii); (b)(5)
through (8); and (d), (e), (h), and (i).
Northeast (NE) multispecies or multispecies means the following species:
American plaice—Hippoglossoides platessoides.
Atlantic cod—Gadus morhua.
Atlantic halibut—Hippoglossus hippoglossus.
Atlantic wolffish—Anarhichas lupus.
Haddock—Melanogrammus aeglefinus.
Ocean pout—Macrozoarces americanus.
Offshore hake—Merluccius albidus.
Pollock—Pollachius virens.
Redfish—Sebastes fasciatus.
50 CFR 648.2 “Northeast (NE) multispecies or multispecies” (enhanced display)

page 19 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Northern shrimp”

Red hake—Urophycis chuss.
Silver hake (whiting)—Merluccius bilinearis.
White hake—Urophycis tenuis.
Windowpane flounder—Scophthalmus aquosus.
Winter flounder—Pleuronectes americanus.
Witch flounder—Glyptocephalus cynoglossus.
Yellowtail flounder—Pleuronectes ferruginea.
Northern shrimp means Pandalus borealis.
Not available for immediate use means that the gear is not being used for fishing and is stowed in conformance
with one of the following methods:
(1) Nets —
(i)

Below-deck stowage.
(A) The net is stored below the main working deck from which it is deployed and retrieved;
(B) The net is fan-folded (flaked) and bound around its circumference.

(ii) On-deck stowage.
(A) The net is fan-folded (flaked) and bound around its circumference;
(B) The net is securely fastened to the deck or rail of the vessel; and
(C) The towing wires, including the leg wires, are detached from the net.
(iii) On-reel stowage.
(A) The net is on the net reel;
(B) The codend of the net is removed from the net and stored below deck; and
(C) The entire surface of the net is covered and securely bound by:
(1) Canvas of other similar opaque material; or
(2) A highly visible orange or yellow mesh material that is not capable of catching fish or
being utilized as fishing gear. An example of highly visible orange or yellow mesh
includes but is not limited to the orange fence material commonly used to enclose
construction sites.
(iv) On-reel stowage for vessels transiting the Gulf of Maine Rolling Closure Areas and the Georges
Bank Seasonal Closure Area.

50 CFR 648.2 “Not available for immediate use” (1)(iv) (enhanced display)

page 20 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Not available for immediate use” (1)(iv)(A)

(A) If a vessel is transiting the Gulf of Maine Rolling Closure Areas and the Georges Bank
Seasonal Closure Area, not available for immediate use also means, the net is on the net
reel;
(B) No containment rope, codend tripping device, or other mechanism to close off the codend
is attached to the codend;
(C) The entire surface of the net is covered and securely bound by:
(1) Canvas of other similar opaque material; or
(2) A highly visible orange or yellow mesh material that is not capable of catching fish or
being utilized as fishing gear. Highly visible orange or yellow mesh includes but is not
limited to the orange fence material commonly used to enclose construction sites.
(2) Scallop dredges.
(i)

The towing wire is detached from the scallop dredge, the towing wire is completely reeled up
onto the winch, the dredge is secured, and the dredge or the winch is covered so that it is
rendered unusable for fishing; or

(ii) The towing wire is detached from the dredge and attached to a bright-colored poly ball no less
than 24 inches (60.9 cm) in diameter, with the towing wire left in its normal operating position
(through the various blocks) and either is wound back to the first block (in the gallows) or is
suspended at the end of the lifting block where its retrieval does not present a hazard to the
crew and where it is readily visible from above.
(3) Hook gear (other than pelagic). All anchors and buoys are secured and all hook gear, including jigging
machines, are covered.
(4) Sink gillnet gear. All nets are covered with canvas or other similar material and lashed or otherwise
securely fastened to the deck or rail, and all buoys larger than 6 inches (15.24 cm) in diameter, high
flyers, and anchors are disconnected.
(5) Other methods of stowage. Any other method of stowage authorized in writing by the Regional
Administrator and subsequently published in the FEDERAL REGISTER.
Observer or monitor means any person authorized by NMFS to collect observer information, operational fishing
data, biological data, or economic data for conservation and management purposes on or from fishing
vessels or federally permitted dealers as required by the regulations, including, but not limited to,
observers, at-sea monitors, observer/sea samplers, portside samplers, or dockside monitors.
Ocean quahog means the species Arctica islandica.
Offload or offloading means to begin to remove, to remove, to pass over the rail, or otherwise take away fish
from any vessel. For purposes of the surfclam and ocean quahog fishery, it means to separate physically
a cage from a vessel, such as by removing the sling or wire used to remove the cage from the harvesting
vessel.
Open areas, with respect to the Atlantic sea scallop fishery, means any area that is not subject to restrictions of
the Scallop Access Area Program specified in §§ 648.59 and 648.60, the Northern Gulf of Maine
Management Area specified in § 648.62, Habitat Management Areas specified in § 648.370, Dedicated
Habitat Research areas specified in § 648.371, the Frank R. Lautenberg Deep-Sea Coral Protection Area
described in § 648.372, or the New England Deep-Sea Coral Protection Area in § 648.373.
50 CFR 648.2 “Open areas” (enhanced display)

page 21 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Operational discards in the Atlantic herring
fishery”

Operational discards in the Atlantic herring fishery means small amounts of fish that cannot be pumped on board
and remain in the codend or seine at the end of pumping operations. Leaving small amounts of fish in the
codend or seine at the end of pumping operations is operationally discarding catch.
Operator means the master, captain, or other individual on board a fishing vessel, who is in charge of that
vessel's operations.
Out of the monkfish fishery means the period of time during which a vessel is not fishing for monkfish under the
monkfish DAS program.
Out of the multispecies fishery means the period of time during which a vessel is not fishing for regulated
species under the NE multispecies DAS program.
Ownership interest, in the NE multispecies fishery, includes, but is not limited to holding share(s) or stock in any
corporation, any partnership interest, or membership in a limited liability company, or personal ownership,
in whole or in part, of a vessel issued a limited access NE multispecies permit or confirmation of permit
history (CPH), including any ownership interest in any entity or its subsidiaries or partners, no matter how
far removed.
Pair trawl or pair trawling means to tow a single net between two vessels.
Parlor trap/pot means any structure or other device, other than a net, with more than one compartment inside
designed to impede escape of lobsters or crabs from the device or structure, which is placed, or designed
to be placed, on the ocean bottom and is designed for, or is capable of, catching lobsters and/or red
crabs.
Pelagic hook and line gear means handline or rod and reel gear that is designed to fish for, or that is being used
to fish for, pelagic species, no portion of which is designed to be or is operated in contact with the bottom
at any time.
Pelagic longline gear means fishing gear that is not fixed, nor designed to be fixed, nor anchored to the bottom
and that consists of monofilament main line (as opposed to a cable main line) to which gangions are
attached.
Permit year means:
(1) For the Atlantic deep-sea red crab fishery, from March 1 through the last day of February of the
following year;
(2) Beginning in 2018, for the Atlantic sea scallop fishery, from April 1 through the last day of March of
the following year (for 2017, the Atlantic sea scallop permit year will be from March 1, 2017, through
March 31, 2018);
(3) For all other fisheries in this part, from May 1 through April 30 of the following year.
Personal use, with respect to the surfclam or ocean quahog fishery, means harvest of surfclams or ocean
quahogs for use as bait, for human consumption, or for other purposes (not including sale or barter) in
amounts not to exceed 2 bu (106.48 L) per person per fishing trip.
Person who receives bluefish for commercial purposes means any person (excluding representatives of
governmental agencies) engaged in the sale, barter, or trade of bluefish received from a fisherman, or one
who transports bluefish from a fisherman.

50 CFR 648.2 “Person who receives bluefish for commercial purposes” (enhanced display)

page 22 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Postmark”

Postmark means independently verifiable evidence of date of mailing, such as U.S. Postal Service postmark,
United Parcel Service (U.P.S.) or other private carrier postmark, certified mail receipt, overnight mail
receipt, or receipt received upon hand delivery to an authorized representative of NMFS.
Potential Sector contribution (PSC), with respect to the NE multispecies fishery, means an individual vessel's
share of the ACL for each stock of regulated species or ocean pout that is derived from the fishing history
associated with the permit issued to that particular vessel for the purposes of participating in a sector
and contributing to that sector's ACE for each stock allocated to sectors under the NE Multispecies FMP.
Prior to leaving port , with respect to the call-in notification system for NE multispecies, and the call-in
notification system for monkfish vessels that are fishing under the limited access monkfish Category C, D,
F, G, or H permit provisions that are also fishing under a NE multispecies DAS, means no more than 1 hour
prior to the time a vessel leaves the last dock or mooring in port from which that vessel departs to engage
in fishing, including the transport of fish to another port. With respect to the call-in notification system for
monkfish vessels that are fishing under the limited access monkfish Category A or B permit provisions, it
means prior to the last dock or mooring in port from which a vessel departs to engage in fishing, including
the transport of fish to another port.
Private recreational fishing vessel, with respect to the NE multispecies fishery, means a vessel engaged in
recreational fishing that has not been issued a Federal NE multispecies permit, does not sell fish, and
does not take passengers for hire.
Processing, or to process, with respect to the Atlantic herring fishery, means the preparation of Atlantic herring to
render it suitable for human consumption, bait, commercial uses, industrial uses, or long-term storage,
including but not limited to cooking, canning, roe extraction, smoking, salting, drying, freezing, or
rendering into meat or oil.
Processor, with respect to the Atlantic surfclam and ocean quahog fisheries, means a person who receives
surfclams or ocean quahogs for a commercial purpose and removes them from a cage.
Purse seine gear means an encircling net with floats on the top edge, weights and a purse line on the bottom
edge, and associated gear, or any net designed to be, or capable of being, used in such fashion.
Quota-managed species means any species of finfish managed under this part by an annual or seasonal quota,
by annual target or actual TAC, or by DAH limits.
Raw, with respect to electronic monitoring, means the original, unaltered video footage, images, and other
sensor data collected by an electronic monitoring system.
Records, with respect to records required to be kept by § 648.7, means those that include, but are not limited to,
any written, recorded, graphic, electronic, or digital material; as well as other information stored in or
accessible through a computer or other information retrieval system; worksheets; weighout slips;
preliminary, interim, and final tally sheets; tags; notes; logbooks; statements; receipts; checks; ledgers;
notebooks; diaries; spreadsheets; diagrams; graphs; charts; tapes; disks; or computer printouts.
Recreational fishing means fishing that is not intended to, nor results in the barter, trade, or sale of fish.
Recreational fishing vessel, means any vessel from which no fishing other than recreational fishing is conducted.
Charter and party boats are considered recreational fishing vessels for purposes of minimum size,
season, and possession limit requirements.

50 CFR 648.2 “Recreational fishing vessel” (enhanced display)

page 23 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Red Crab Management Unit”

Red Crab Management Unit means an area of the Atlantic Ocean from 35° 15.3′ N. Lat., the approximate latitude
of Cape Hatteras Light, NC, northward to the U.S.-Canada border, extending eastward from the shore to
the outer boundary of the exclusive economic zone and northward to the U.S.-Canada border in which the
United States exercises exclusive jurisdiction over all Atlantic deep-sea red crab fished for, possessed,
caught, or retained in or from such area.
Red crab trap/pot means any structure or other device, other than a net or parlor trap/pot, that is placed, or
designed to be placed, on the ocean bottom and is designed for, or is capable of, catching red crabs.
Red crab trip, with respect to the Atlantic deep-sea red crab fishery, means a trip on which a vessel fishes for,
possesses, or lands, or intends to fish for, possess, or land red crab in excess of the incidental limit, as
specified at § 648.263(b)(1).
Regional Administrator means the Administrator, Northeast Region, NMFS, or a designee.
Regulated fishery means any fishery of the United States which is regulated under the Magnuson-Stevens Act.
Regulated species, means the subset of NE multispecies that includes Atlantic cod, witch flounder, American
plaice, yellowtail flounder, haddock, pollock, winter flounder, windowpane flounder, redfish, white hake,
Atlantic halibut, and Atlantic wolffish. Regulated species is also referred to as regulated NE multispecies.
Reporting month means the period of time beginning at 0001 hours local time on the first day of each calendar
month and ending at 2400 hours local time on the last day of each calendar month.
Reporting week means the period of time beginning at 0001 local time on Sunday and ending at 2400 hours
local time the following Saturday.
Re-rig or re-rigged means physical alteration of the vessel or its gear in order to transform the vessel into one
capable of fishing commercially for a species in the applicable fishery.
Rigged hooks means hooks that are baited, or only need to be baited, in order to be fished. Unsecured, unbaited
hooks and gangions are not considered to be rigged.
River herring means alewife (Alosa pseudoharengus) and blueback herring (Alosa aestivalis).
Rockhopper and roller gear means trawl gear configured with disks, rollers, or other similar shaped devices that
are attached to the bottom belly of the trawl, contact the sea bottom, and that are designed to raise the
bottom panel of the trawl off the ocean bottom so as to enable the gear to be fished on hard bottom.
Rod and reel means a hand-held (including rod holder) fishing rod with a manually operated reel attached.
Roundfish gillnets means gillnets that are constructed with floats on the float line and that have no tie-down
twine between the float line and the lead line.
Runaround gillnet or encircling gillnet means a rectangular net placed upright in the water column in a circular
fashion with an opening equal to or less than 1⁄4 the length of the net or with an opening greater than 1⁄4
the length of the net, if the opening is obstructed in any fashion.
Scallop dredge vessel means any fishing vessel, other than a combination vessel, that uses or is equipped to use
scallop dredge gear.
Scup means Stenotomus chrysops.
Scup Monitoring Committee means a committee made up of staff representative of the MAFMC, NEFMC, South
Atlantic Fishery Management Council, the NMFS Northeast Regional Office, the NEFSC, and the
Commission. The MAFMC Executive Director or a designee chairs the committee.
50 CFR 648.2 “Scup Monitoring Committee” (enhanced display)

page 24 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Scup pot or trap”

Scup pot or trap means a pot or trap used in catching and retaining scup.
Sea Scallop Access Area, Scallop Access Area, or Access Area, with respect to the Atlantic sea scallop fishery,
means an area that has been designated under the Atlantic Sea Scallop Fishery Management Plan as a
sea scallop rotational area that is open to the scallop fishery in a given fishing year.
Sea Scallop Plan Development Team (PDT) means a team of technical experts appointed by the NEFMC.
Sea Scallop Rotational Area, Scallop Rotational Area, or Rotational Area, with respect to the Atlantic sea scallop
fishery, means an area that has been designated under the Atlantic Sea Scallop Fishery Management Plan
as part of the Sea Scallop Rotational Management Program. A rotational area may be closed or open to
the scallop fishery in a given fishing year. A rotational area open to the scallop fishery is termed a Sea
Scallop Access Area and has area-specific management measures that are designed to control fishing
effort and mortality on only the portion of the scallop resource within the area. Such measures are not
applicable as defined in § 648.2 in the definition to Open Areas.
Sea raven means Hemitripterus americanus.
Searobin means any species of the family Triglidae.
Sector, with respect to the NE multispecies fishery, means a group of persons holding limited access NE
multispecies permits who have voluntarily entered into a contract and agree to certain fishing restrictions
for a specified period of time, and that have been allocated a portion of the TACs of species managed
under the NE Multispecies FMP to achieve objectives consistent with the applicable goals and objectives
of the FMP. Each sector must meet the sector eligibility and minimum size requirements specified in §
648.87(a)(3) and (4) to be approved by NMFS.
Sector trip, with respect to the NE multispecies fishery, means any trip taken by a sector vessel subject to the
restrictions and conditions of an approved sector operations plan, as specified in § 648.87(c), in which
the vessel declared its intent to fish in the NE multispecies fishery pursuant to § 648.10.
Sector vessel, with respect to the NE multispecies fishery, means any vessel assigned a permit that is a member
of an approved sector for a particular fishing year and that is subject to the restrictions and conditions of
an approved sector operations plan, as specified in § 648.87.
Set-only trip means a fishing trip on which any federally permitted vessel deploys gear with the intention of
retrieving it on a separate trip and does not haul-back or retrieve any gear capable of catching fish on the
set-only trip.
Shad means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris).
Shucking or to shuck means opening or to open a scallop, surfclam, or ocean quahog and removing the meat or
the adductor muscle from the shell.
Shucking machine means any mechanical device that automatically removes the meat or the adductor muscle
from a scallop, surfclam, or ocean quahog shell.
Sink gillnet or bottom-tending gillnet means any gillnet, anchored or otherwise, that is designed to be, or is fished
on or near, the bottom in the lower third of the water column.
Skate means members of the Family Rajidae, including: Leucoraja ocellata (winter skate); Dipturis laevis
(barndoor skate); Amblyraja radiata (thorny skate); Malacoraja senta (smooth skate); Leucoraja erinacea
(little skate); Raja eglanteria (clearnose skate); and Leucoraja garmani (rosette skate).

50 CFR 648.2 “Skate” (enhanced display)

page 25 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Skate Management Unit”

Skate Management Unit means an area of the Atlantic Ocean from 35°15.3′ N. lat., the approximate latitude of
Cape Hatteras Light, NC, northward to the U.S.-Canada border, extending eastward from the shore to the
outer boundary of the EEZ and northward to the U.S.-Canada border in which the United States exercises
exclusive jurisdiction over all skates fished for, possessed, caught, or retained in or from such area.
Slippage in the Atlantic herring fishery means discarded catch from a vessel issued an Atlantic herring permit
that is carrying an observer or monitor prior to the catch being brought on board or prior to the catch
being made available for sampling and inspection by an observer or monitor after the catch is on board.
Slippage also means any catch that is discarded during a trip prior to it being sampled portside by a
portside sampler on a trip selected for portside sampling coverage by NMFS. Slippage includes releasing
catch from a codend or seine prior to the completion of pumping the catch aboard and the release of
catch from a codend or seine while the codend or seine is in the water. Fish that cannot be pumped and
remain in the codend or seine at the end of pumping operations are not considered slippage. Discards
that occur after the catch is brought on board and made available for sampling and inspection by an
observer or monitor are also not considered slippage.
Slip(s) or slipping catch in the Atlantic herring fishery means discarded catch from a vessel issued an Atlantic
herring permit that is carrying an observer or monitor prior to the catch being brought on board or prior to
the catch being made available for sampling and inspection by an observer or monitor after the catch is
on board. Slip(s) or slipping catch also means any catch that is discarded during a trip prior to it being
sampled portside by a portside sampler on a trip selected for portside sampling coverage by NMFS.
Slip(s) or slipping catch includes releasing fish from a codend or seine prior to the completion of pumping
the fish on board and the release of fish from a codend or seine while the codend or seine is in the water.
Slippage or slipped catch refers to fish that are slipped. Slippage or slipped catch does not include
operational discards, discards that occur after the catch is brought on board and made available for
sampling and inspection by an observer or monitor, or fish that inadvertently fall out of or off fishing gear
as gear is being brought on board the vessel.
Small-mesh multispecies means the subset of Northeast multispecies that includes silver hake, offshore hake,
and red hake.
Smooth dogfish means Mustelis canis.
Sorting machine, with respect to the Atlantic sea scallop fishery, means any mechanical device that automatically
sorts whole scallops by shell height, size, or other physical characteristics.
Spiny dogfish means Squalus acanthias.
Spiny Dogfish Monitoring Committee means a committee made up of staff representatives of the MAFMC,
NEFMC, the NMFS Northeast Regional Office, the Northeast Fisheries Science Center, and the states, as
well as two ex-officio industry members (one from each Council jurisdiction). The MAFMC Executive
Director or a designee chairs the committee.
Spot means Leiostomus xanthurus.
Square mesh, with respect to the NE multispecies fishery, means mesh in which the horizontal bars of the mesh
run perpendicular to the long axis of the net so when the net is placed under a strain the mesh remains
open to a square-like shape. Square mesh can be formed by hanging diamond mesh “on the square,” if the
resulting mesh conforms with the above description of square mesh.
Squid means longfin squid (Doryteuthis (Amerigo) pealeii, formerly Loligo pealeii) or Illex illecebrosus.

50 CFR 648.2 “Squid” (enhanced display)

page 26 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Standard tote”

Standard tote means a box typically constructed of plastic, designed to hold 100 lb (45.3 kg) of fish plus ice, and
that has a liquid capacity of 70 L, or a volume of not more than 4,320 cubic in (2.5 cubic ft or 70.79 cubic
cm).
State-operated permit bank means a depository established and operated by a state through an agreement
between NMFS and a state in which Federal grant funds have been used by the state to obtain Federal
fishing vessel permits so that the fishing access privileges associated with those permits may be
allocated to qualified persons and that meets the requirement of § 648.87(e).
Static gear, with respect to the NE multispecies fishery, means stationary gear, usually left for a period of time in
one place, that depends on fish moving to the gear, and includes gillnets, longlines, handgear, traps, and
pots.
Stock of concern, with respect to the NE multispecies fishery, means a stock that is in an overfished condition, or
that is subject to overfishing.
Stocks targeted by the default measures, with respect to the NE multispecies fishery, are: American plaice, and
SNE/MA yellowtail flounder for the 2006 fishing year; and American plaice, GB cod, GOM cod, CC/GOM
yellowtail flounder, SNE/MA yellowtail flounder, white hake and SNE/MA winter flounder for the 2009
fishing year.
Straight line, with regard to regulated areas, means a rhumb line, unless explicitly stated otherwise.
Stretched mesh , with respect to the NE multispecies Ruhle Trawl, means mesh that is pulled so that slack in the
mesh is eliminated and the mesh opening is closed.
Sub-lease, with respect to the NE multispecies fishery, means the leasing of DAS that have already been leased
to another vessel.
Summer flounder means Paralichthys dentatus.
Summer Flounder Monitoring Committee means a committee made up of staff representatives of the MAFMC,
NEFMC, and SAFMC, the NMFS Northeast Regional Office, the NEFSC, the Southeast Science Center, and
the Commission. The MAFMC Executive Director or a designee chairs the committee.
Surfclams means Atlantic surfclams of the species Spisula solidissima.
Sweep , with respect to the NE multispecies limited access fishery, means the part of a bottom trawl that, during
normal use, is in contact with the sea floor along the outer edges of the lower webbing of the net.
Swordfish means Xiphias gladius.
Target total allowable catch (TAC) means the annual domestic harvest targets for regulated species.
Tautog (blackfish) means Tautoga onitas.
Tied up to the dock or tying up at a dock means tied up at a dock, on a mooring, or elsewhere in a harbor.
Tilefish means golden tilefish and blueline tilefish, collectively, unless otherwise noted.
Tilefish FMP Monitoring Committee means a committee made up of staff representatives of the MAFMC, the
NMFS Greater Atlantic Regional Fisheries Office, the Northeast Fisheries Science Center, up to three state
representatives (the New England states having one representative and the Mid-Atlantic states having a
maximum of two representatives) and one non-voting industry member. The MAFMC Executive Director
or his designee chairs the committee.
50 CFR 648.2 “Tilefish FMP Monitoring Committee” (enhanced display)

page 27 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “Tilefish Management Unit”

Tilefish Management Unit means an area of the Atlantic Ocean from the latitude of the VA and NC border
(36°33.36′ N. Lat.), extending eastward from the shore to the outer boundary of the exclusive economic
zone and northward to the United States-Canada border in which the United States exercises exclusive
jurisdiction over all golden tilefish (Lopholatilus chamaeleonticeps) and blueline tilefish (Caulolatilus
microps) fished for, possessed, caught or retained in or from such area.
Total Length (TL) means the straight-line distance from the tip of the snout to the end of the tail (caudal fin)
while the fish is lying on its side. For black sea bass, Total Length (TL) means the straight-line distance
from the tip of the snout to the end of the tail (caudal fin), excluding any caudal filament, while the fish is
lying on its side.
Transboundary Management Guidance Committee (TMGC), with respect to the NE multispecies fishery, means
the technical sub-committee that provides non-binding guidance to the U.S./Canada Steering Committee,
comprised of government and industry representatives from U.S. and Canada.
Transboundary Resource Advisory Committee (TRAC), with respect to the NE multispecies fishery, means a
committee consisting of scientific staff from NMFS and Canada's Department of Fisheries and Oceans
that jointly assess the status of the shared U.S./Canada stocks of cod, haddock, and yellowtail flounder.
Transfer means to begin to remove, to remove, to pass over the rail, or to otherwise take away fish from any
vessel and move them to another vessel.
Transferee means a vessel owner who receives permanently transferred NE multispecies DAS and potentially
other permits from another vessel through the DAS Transfer Program specified at § 648.82(l).
Transferor means a vessel owner who permanently transfers NE multispecies DAS and potentially other permits
to another vessel through the DAS Transfer Program specified at § 648.82(l).
Trawl means gear consisting of a net that is towed, including but not limited to beam trawls, pair trawls, otter
trawls, and Danish and Scottish seine gear.
Trawl sweep means the total length of the footrope on a trawl net that is directly attached to the webbing of a
net.
Trip Identifier means the complete serial number of the vessel logbook page completed for that trip.
Tub-trawl, with respect to the NE multispecies fishery, means gear designed to be set horizontally on the bottom,
with an anchored mainline to which are attached three or more gangions and hooks. Tub-trawls are
retrieved only by hand, not by mechanical means.
Tuna purse seine gear, with respect to the NE multispecies fishery, means encircling gear designed and utilized
to harvest pelagic tuna.
Under construction means that the keel had been laid or the vessel was under written agreement for
construction or the vessel was under written contract for purchase.
Upon returning to port, means, for purposes of the call-in notification system for the NE multispecies and
monkfish fisheries, upon first tying up at a dock at the end of a fishing trip.
U.S. at-sea processing (USAP), with respect to the Atlantic herring fishery, means the specification, pursuant to §
648.200, of the amount of herring available for processing by U.S. vessels issued an Atlantic herring
processing permit as described in § 648.4(a)(10)(ii).

50 CFR 648.2 “U.S. at-sea processing (USAP), with respect to the Atlantic herring fishery” (enhanced display) page 28 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.2 “U.S./Canada Steering Committee”

U.S./Canada Steering Committee, with respect to the NE multispecies fishery, means the joint U.S./Canada
committee consisting of staff from NMFS and Canada's Department of Fisheries and Oceans that has
overall responsibility for the U.S./Canada Resource Sharing Understanding.
Used DAS baseline, with respect to the NE multispecies fishery, means the number of DAS that represent the
historic level of DAS use associated with a particular limited access permit, as described in § 648.82(l).
Vessel length means the length specified on the USCG documentation for a vessel or on the state registration
for a vessel not required to be documented under title 46 U.S.C., if the state length is verified by an
authorized officer or NMFS official.
Vessel Monitoring System (VMS) means a vessel monitoring system or VMS unit as set forth in § 648.9 and
approved by NMFS for use on Atlantic sea scallop, NE multispecies, monkfish, Atlantic herring, and
Atlantic surfclam and ocean quahog vessels, as required by this part.
Video reviewer means any electronic monitoring service provider staff approved/certified or training to be
approved/certified by NMFS for providing electronic monitoring video review services consistent with
electronic monitoring program requirements.
VMS unit means a device installed on board a vessel used for vessel monitoring and transmitting the vessel's
position as required by this part.
Weakfish means Cynoscion regalis.
Whiting means Merluccius bilinearis.
Whiting Monitoring Committee (WMC) means a team appointed by the NEFMC to review, analyze, and
recommend adjustments to the management measures addressing small-mesh multispecies. The team
consists of staff from the NEFMC and MAFMC, NMFS Northeast Regional Office, the NEFSC, the USCG, at
least one industry representative from each geographical area (northern New England, southern New
England, and the Mid-Atlantic), and no more than two representatives, appointed by the Commission, from
affected states.
[61 FR 34968, July 3, 1996]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.2, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.3 Relation to other laws.
(a) The relation of this part to other laws is set forth in § 600.705.
(b) Nothing in these regulations supersedes more restrictive state management measures for any of the
species referenced in § 648.1 and, for Atlantic salmon, more restrictive local management measures.

§ 648.4 Vessel permits.
(a) Fishery specific permit information —
(1) NE multispecies vessels. Except for vessels that have been issued a valid High Seas Fishing
Compliance permit, have declared their intent to fish, and fish exclusively in the NAFO Regulatory
Area as provided in § 648.17, any vessel of the United States, including a charter or party boat, must
have been issued and have on board a valid multispecies permit to fish for, possess, or land
50 CFR 648.4(a)(1) (enhanced display)

page 29 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(1)(i)

multispecies finfish in or from the EEZ. Multispecies frames used as, or to be used as, bait on a
vessel fishing exclusively with pot gear are deemed not to be multispecies finfish for purposes of
this part provided that there is a receipt for the purchase of those frames on board the vessel.
(i)

Limited access multispecies permits —
(A) Eligibility. To be eligible to apply for a limited access NE multispecies permit, as specified
in § 648.82, a vessel must have been issued a limited access NE multispecies permit for
the preceding year, be replacing a vessel that was issued a limited access NE multispecies
permit for the preceding year, or be replacing a vessel that was issued a confirmation of
permit history; unless otherwise specified in this paragraph (a)(1)(i)(A). For the fishing
year beginning May 1, 2004, a vessel may apply for a limited access Handgear A permit
described in § 648.82(b)(6), if it meets the criteria described under paragraphs
(a)(1)(i)(A)(1) and (2) of this section.
(1) The vessel must have been previously issued a valid NE multispecies open access
Handgear permit during at least 1 fishing year during the fishing years 1997 through
2002; and
(2) The vessel must have landed and reported to NMFS at least 500 lb (226.8 kg) of cod,
haddock, or pollock, when fishing under the open access Handgear permit in at least
1 of the fishing years from 1997 through 2002, as indicated by NMFS dealer records
(live weight), submitted to NMFS prior to January 29, 2004.
(3) Application/renewal restrictions. The vessel owner must submit a complete
application for an initial limited access handgear permit before May 1, 2005. For
fishing years beyond the 2004 fishing year, the provisions of paragraph (a)(1)(i)(B) of
this section apply.
(B) Application/renewal restrictions. All limited access or moratorium permits established
under this section must be issued on an annual basis by the last day of the permit year for
which the permit is required, unless a confirmation of permit history (CPH) has been
issued as specified in paragraph (a)(1)(i)(J) of this section. If a vessel is issued more than
one limited access or moratorium permit under this section, these permits will be
regarded as a permit suite. Permit renewal or relinquishment must be made at the time
the first permit application is submitted for a new permit year. Application for limited
access or moratorium permits must be received no later than 30 days before the last day
of the permit year of the earliest expiration date for any permit in the suite of such permits
issued to the vessel. Failure to renew a limited access or moratorium permit in any permit
year bars the renewal of the permit in subsequent years. Open access permits may not be
issued to a vessel eligible to renew a limited access or moratorium permit until such time
that the vessel's limited access or moratorium permit(s) are renewed or voluntarily
relinquished pursuant to paragraph (a)(1)(i)(K) of this section, or otherwise transferred
from the vessel.
(C) Qualification restriction. Unless the Regional Administrator determines otherwise, no more
than one vessel may qualify, at any one time, for a limited access permit or CPH based on
that or another vessel's fishing and permit history. If more than one vessel owner claims
eligibility for a limited access permit or CPH, based on one vessel's fishing and permit
history, the Regional Administrator will determine who is entitled to qualify for the permit
or CPH and any DAS allocation according to paragraph (a)(1)(i)(D) of this section.

50 CFR 648.4(a)(1)(i)(C) (enhanced display)

page 30 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(1)(i)(D)

(D) Change in ownership. The fishing and permit history of a vessel is presumed to transfer
with the vessel whenever it is bought, sold, or otherwise transferred, unless there is a
written agreement, signed by the transferor/seller and transferee/buyer, or other credible
written evidence, verifying that the transferor/seller is retaining the vessel's fishing and
permit history for purposes of replacing the vessel.
(E) Replacement vessels. An owner of a vessel that has been issued any limited access or
moratorium permit under this section is limited to one vessel replacement permit year,
using the earliest permit year start date of the limited access or moratorium permits for
which the vessel is eligible, unless the vessel has been rendered inoperable and nonrepairable. With the exception of vessels that have obtained a limited access Handgear A
permit described in § 648.82(b)(6), to be eligible for a limited access or moratorium
permit under this section, the replacement vessel must meet the following criteria and any
other applicable criteria under paragraph (a)(1)(i)(F) of this section:
(1) The replacement vessel's horsepower may not exceed the horsepower of the vessel's
baseline specifications by more than 20 percent, as applicable.
(2) The replacement vessel's length overall may not exceed the length overall of the
vessel's baseline specifications by more than 10 percent, as applicable.
(F) Upgraded vessel. A vessel may be upgraded, whether through refitting or replacement, and
be eligible to retain or renew a limited access permit, only if the upgrade complies with the
following:
(1) The upgraded vessel's horsepower may not exceed the horsepower of the vessel's
baseline specifications by more than 20 percent, as applicable.
(2) The upgraded vessel's length overall may not exceed the vessel's baseline length
overall by more than 10 percent, as applicable.
(G) Consolidation restriction. Except as provided for in the NE Multispecies DAS Leasing
Program, as specified in § 648.82(k), and the NE Multispecies DAS Transfer Program as
specified in § 648.82(l), limited access permits and DAS allocations may not be combined
or consolidated.
(H) Vessel baseline specifications. The vessel baseline specifications in this section are the
respective specifications (length, horsepower) of the vessel that was initially issued a
limited access permit as of the date the initial vessel applied for such permit.
(I)

Limited access permit restrictions.
(1) A vessel may be issued a limited access NE multispecies permit in only one category
during a fishing year. Vessels may not change limited access NE multispecies permit
categories during the fishing year, except as provided in paragraph (a)(1)(i)(I)(2) of
this section. A vessel issued a limited access NE multispecies Hook-gear permit or a
limited access Handgear A permit may not change its limited access permit category
at any time.
(2) The owner of a vessel issued a limited access multispecies permit may request a
change in permit category, unless otherwise restricted by paragraph (a)(1)(i)(I)(1) of
this section. The owner of a limited access multispecies vessel eligible to request a
change in permit category must elect a category upon the vessel's permit application

50 CFR 648.4(a)(1)(i)(I)(2) (enhanced display)

page 31 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(1)(i)(J)

and will have one opportunity to request a change in permit category by submitting
an application to the Regional Administrator within 45 days of the effective date of
the vessel's permit. If such a request is not received within 45 days, the vessel owner
may not request a change in permit category and the vessel permit category will
remain unchanged for the duration of the fishing year. A vessel may not fish in more
than one multispecies permit category during a fishing year.
(J) Confirmation of permit history. Notwithstanding any other provisions of this part, a person
who does not currently own a fishing vessel, but who has owned a qualifying vessel that
has sunk, been destroyed, or transferred to another person, must apply for and receive a
CPH if the fishing and permit history of such vessel has been retained lawfully by the
applicant. To be eligible to obtain a CPH, the applicant must show that the qualifying
vessel meets the eligibility requirements, as applicable, in this part. Issuance of a valid
CPH preserves the eligibility of the applicant to apply for a limited access permit for a
replacement vessel based on the qualifying vessel's fishing and permit history at a
subsequent time, subject to the replacement provisions specified in this section. If fishing
privileges have been assigned or allocated previously under this part, based on the
qualifying vessel's fishing and permit history, the CPH also preserves such fishing
privileges. A CPH must be applied for in order for the applicant to preserve the fishing
rights and limited access eligibility of the qualifying vessel. An application for a CPH must
be received by the Regional Administrator no later than 30 days prior to the end of the first
full fishing year in which a vessel permit cannot be issued. Failure to do so is considered
abandonment of the permit as described in paragraph (a)(1)(i)(K) of this section. A CPH
issued under this part will remain valid until the fishing and permit history preserved by the
CPH is used to qualify a replacement vessel for a limited access permit. Any decision
regarding the issuance of a CPH for a qualifying vessel that has applied for or been issued
previously a limited access permit is a final agency action subject to judicial review under
5 U.S.C. 704. Information requirements for the CPH application are the same as those for
a limited access permit. Any request for information about the vessel on the CPH
application form refers to the qualifying vessel that has been sunk, destroyed, or
transferred. Vessel permit applicants who have been issued a CPH and who wish to obtain
a vessel permit for a replacement vessel based upon the previous vessel history may do
so pursuant to paragraph (a)(1)(i)(E) of this section.
(K) Abandonment or voluntary relinquishment of a limited access or moratorium permit. If a
vessel's limited access or moratorium permit for a particular fishery is voluntarily
relinquished to the Regional Administrator or abandoned through failure to renew or
otherwise, no limited access or moratorium permit for that fishery may be reissued or
renewed based on that vessel's limited access or moratorium permit history or to any
other vessel relying on that vessel's limited access or moratorium permit history.
(L) Restriction on permit splitting. A limited access permit issued pursuant to this section may
not be issued to a vessel or its replacement or remain valid, if the vessel's permit or fishing
history has been used to qualify another vessel for another Federal fishery.
(M) Appeal of denial of permit—

50 CFR 648.4(a)(1)(i)(M) (enhanced display)

page 32 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(1)(i)(M)(1)

(1) Eligibility. Any applicant eligible to apply for a limited access multispecies Handgear
A permit who is denied such permit may appeal the denial to the Regional
Administrator within 30 days of the notice of denial. Any such appeal must be based
on the grounds that the information used by the Regional Administrator was based
on incorrect data, must be in writing, and must state the grounds for the appeal.
(2) Appeal review. The Regional Administrator will appoint a designee who will make the
initial decision on the appeal. The appellant may request a review of the initial
decision by the Regional Administrator by so requesting in writing within 30 days of
the notice of the initial decision. If the appellant does not request a review of the
initial decision within 30 days, the initial decision is the final administrative action of
the Department of Commerce. Such review will be conducted by a hearing officer
appointed by the Regional Administrator. The hearing officer shall make findings and
a recommendation to the Regional Administrator, which shall be advisory only. Upon
receiving the findings and the recommendation, the Regional Administrator will issue
a final decision on the appeal. The Regional Administrator's decision is the final
administrative action of the Department of Commerce.
(3) Status of vessels pending appeal. A vessel denied a limited access Handgear A
multispecies permit may fish under the limited access multispecies Handgear A
category, provided that the denial has been appealed, the appeal is pending, and the
vessel has on board a letter from the Regional Administrator authorizing the vessel
to fish under the limited access category. The Regional Administrator will issue such
a letter for the pendency of any appeal. Any such decision is the final administrative
action of the Department of Commerce on allowable fishing activity, pending a final
decision on the appeal. The letter of authorization must be carried on board the
vessel. If the appeal is finally denied, the Regional Administrator shall send a notice
of final denial to the vessel owner; the authorizing letter becomes invalid 5 days after
receipt of the notice of denial.
(N) Accumulation limits —
(1) 5-percent permit/CPH restriction. Any person with an ownership interest in the NE
multispecies fishery is not eligible to be issued a limited access NE multispecies
permit or CPH for a vessel if the issuance results in the person having an ownership
interest in excess of 5 percent of all limited access NE multispecies permits and CPH
that are issued as of the date the permit/CPH application is received by the NMFS.
(2) PSC limit. Any person with an ownership interest in the NE multispecies fishery is not
eligible to be issued a limited access NE multispecies permit or CPH for a vessel that
results in that person's average potential sector contribution (PSC) exceeding a share
of 15.5 for all the allocated stocks in aggregate, except as provided in paragraph
(a)(1)(i)(N)(4) of this section.
(3) Grandfather provision. Paragraphs (a)(1)(i)(N)(1) and (2) of this section do not apply
to a limited access NE multispecies permit or CPH if held on April 7, 2011. Any
additional limited access NE multispecies permit or CPH that a person acquires after
April 7, 2011, are subject to the accumulation limits specified within this section.

50 CFR 648.4(a)(1)(i)(N)(3) (enhanced display)

page 33 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(1)(i)(N)(4)

(4) Any person can be issued one limited access NE multispecies permit or CPH that
results in that person's total PSC exceeding the PSC limit as described in this section.
That person must identify to NMFS on or before March 31 of each year, vessel
permits or CPH that will be rendered unusable the upcoming fishing year so that the
person's total PSC for the upcoming fishing year is an amount equal to or below the
PSC limit. Beginning on May 1, the permits or CPH rendered unusable may not be
fished, leased, or enrolled in a sector by that person for the remainder of the fishing
year, but may be transferred by that person. The transfer of a permit or CPH rendered
unusable shall be made through an arm's-length transaction (for example, to an
independent and unrelated entity that does not share an ownership interest with that
person).
(ii) Open access permits. A vessel of the United States that has not been issued and is not eligible
to be issued a limited access multispecies permit is eligible for and may be issued an “open
access multispecies”, “handgear”, or “charter/party” permit, and may fish for, possess on board,
and land multispecies finfish subject to the restrictions in § 648.88. A vessel that has been
issued a valid limited access scallop permit, but that has not been issued a limited access
multispecies permit, is eligible for and may be issued an open access scallop multispecies
possession limit permit and may fish for, possess on board, and land multispecies finfish
subject to the restrictions in § 648.88. The owner of a vessel issued an open access permit
may request a different open access permit category by submitting an application to the
Regional Administrator at any time.
(2) Atlantic sea scallop vessels —Any vessel of the United States that fishes for, possesses, or lands
Atlantic sea scallops, except vessels that fish exclusively in state waters for scallops, must have
been issued and carry on board a valid scallop vessel permit pursuant to this section.
(i)

Limited access scallop permits. Any vessel of the United States that possesses or lands more
than 600 lb (272.2 kg) of shucked scallops, or 50 bu (17.6 hL) of in-shell scallops per trip South
of 42°20′ N. Lat., or 75 bu (26.4 hL) of in-shell scallops per trip North of 42°20′ N. Lat, or
possesses more than 100 bu (35.2 hL) of in-shell scallops seaward of the VMS Demarcation
Line, except vessels that fish exclusively in state waters for scallops, must have been issued
and carry on board a valid limited access scallop permit.
(A) Eligibility. To be eligible to apply for a limited access scallop permit, a vessel must have
been issued a limited access scallop permit for the preceding year, be replacing a vessel
that was issued a limited access scallop permit for the preceding year, or be replacing a
vessel that was issued a confirmation of permit history.
(B) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of this section.
(C) Qualification restriction. See paragraph (a)(1)(i)(C) of this section.
(D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
(E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
(F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
(G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this section.
(H) Vessel baseline specifications. See paragraph (a)(1)(i)(H) of this section.

50 CFR 648.4(a)(2)(i)(H) (enhanced display)

page 34 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(I)

50 CFR 648.4(a)(2)(i)(I)

Limited access permit restrictions. A vessel may be issued a limited access scallop permit
in only one category during a fishing year. The owner of a vessel issued a limited access
scallop permit must elect a permit category upon the vessels permit application and will
have one opportunity to request a change in permit category by submitting an application
to the Regional Administrator within 45 days of the effective date of the vessel's permit.
After this date, the vessel must remain in that permit category for the duration of the
fishing year. Any DAS that a vessel uses prior to a change in permit category will be
counted against its allocation received under any subsequent permit category.

(J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of this section.
(K) Abandonment or voluntary relinquishment of permits. See paragraph (a)(1)(i)(K) of this
section.
(L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of this section.
(M) Percentage ownership restrictions.
(1) For any vessel acquired after March 1, 1994, a vessel owner is not eligible to be
issued a limited access scallop permit for the vessel, and/or a confirmation of permit
history, if, as a result of the issuance of the permit and/or confirmation of permit
history, the vessel owner, or any other person who is a shareholder or partner of the
vessel owner, will have an ownership interest in a total number of limited access
scallop vessels and limited access scallop confirmations of permit history in excess
of 5 percent of the number of all limited access scallop vessels and confirmations of
permit history at the time of permit application.
(2) Vessel owners who were initially issued a 1994 limited access scallop permit or
confirmation of permit history, or who were issued or renewed a limited access
scallop permit or confirmation of permit history for a vessel in 1995 and thereafter, in
compliance with the ownership restrictions in paragraph (a)(2)(i)(M)(1) of this
section, are eligible to renew such permits(s) and/or confirmation(s) of permit
history, regardless of whether the renewal of the permits or confirmations of permit
history will result in the 5-percent ownership restriction being exceeded.
(3) Having an ownership interest includes, but is not limited to, persons who are
shareholders in a vessel owned by a corporation, who are partners (general or
limited) to a vessel owner, or who, in any way, partly own a vessel.
(N) [Reserved]
(O) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
(P) VMS requirement. A vessel issued a limited access scallop permit, as specified in
paragraph (a)(2)(i) of this section, except a vessel issued an occasional scallop permit
that is not fishing in a sea scallop access area, must have an operational VMS installed.
Prior to issuance of a limited access scallop permit, NMFS must receive a signed VMS
certification from the vessel owner and be notified by the VMS vendor that the unit has
been installed and is operational.
(ii) LAGC scallop permits. Any vessel of the United States that has not been issued a limited access
scallop permit pursuant to paragraph (a)(2)(i) of this section, and any vessel issued a limited
access scallop permit that fishes for scallops outside of the scallop DAS program described in
50 CFR 648.4(a)(2)(ii) (enhanced display)

page 35 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(2)(ii)(A)

§ 648.53(b) or the Area Access program described in § 648.60, that possesses, retains, or
lands scallops in or from Federal waters, must be issued an LAGC scallop permit and must
comply with the permit requirements described in paragraphs (a)(2)(ii)(A), (B), or (C) of this
section. To be issued an LAGC scallop permit, a vessel owner must meet the qualification
criteria specified in paragraphs (a)(2)(ii)(D) or (F) of this section and must comply with the
application procedures specified in paragraph (a)(2)(ii)(H) of this section.
(A) Individual fishing quota LAGC permit. To possess or land up to 600 lb (272.2 kg) of
shucked meats, or land up to 75 bu (26.4 hL) of in-shell scallops per trip, or possess up to
100 bu (35.2 hL) of in-shell scallops seaward of the VMS demarcation line, a vessel must
have been issued an individual fishing quota LAGC scallop permit (IFQ scallop permit).
Issuance of an initial IFQ scallop permit is contingent upon the vessel owner submitting
the required application and other information that demonstrates that the vessel meets
the eligibility criteria specified in paragraph (a)(2)(ii)(D) of this section.
(B) Northern Gulf of Maine LAGC permit. To possess or land up to 200 lb (90.7 kg) of shucked
or 25 bu (8.81 hL) in-shell scallops per trip, or to possess up to 50 bu (17.6 hL) seaward of
the VMS demarcation line in the NGOM Scallop Management Area, a vessel must have
been issued a Northern Gulf of Maine LAGC scallop permit (NGOM scallop permit). A
vessel issued a NGOM scallop permit may not fish for scallops outside of the NGOM
Scallop Management Area as defined in § 648.62, and may not possess or land more than
200 lb (90.7 kg) of shucked or 25 bu (8.81 hL) of in-shell scallops at any time, except the
vessel may possess up to 50 bu (17.6 hL) of in-shell scallops seaward of the VMS
demarcation line. Issuance of an initial NGOM scallop permit is contingent upon the
vessel owner submitting the required application and other information that demonstrates
that the vessel meets the eligibility criteria specified in paragraph (a)(2)(ii)(F) of this
section.
(C) Incidental catch LAGC permit. To possess or land up to 40 lb (18.1 kg) of shucked or 5 bu
(1.76 hL) in-shell scallops per trip, or possess up to 10 bu (3.52 hL) in-shell scallops per
trip seaward of the VMS demarcation line, but not more than these amounts per trip, a
vessel must have been issued an incidental catch general category scallop permit
(Incidental scallop permit). A vessel issued an incidental catch general scallop permit may
not possess or land more than 40 lb (18.1 kg) of shucked or 5 bu (1.76 hL) of in-shell
scallops at any time, except the vessel may possess up to 10 bu (3.52 hL) of in-shell
scallops seaward of the VMS demarcation line. Issuance of an initial incidental catch
category scallop permit is contingent upon the vessel owner submitting the required
application and other information that demonstrates that the vessel meets the eligibility
criteria specified in paragraph (a)(2)(ii)(G) of this section.
(D) Eligibility for an IFQ scallop permit. A vessel is eligible for and may be issued an IFQ
scallop permit if it meets both eligibility criteria specified in paragraphs (a)(2)(ii)(D)(1) and
(2) of this section, or is replacing a vessel that meets both the eligibility criteria specified
in paragraphs (a)(2)(ii)(D)(1) and (2) of this section. A vessel owner may appeal NMFS's
determination that a vessel does not meet the requirements specified in paragraphs
(a)(2)(ii)(D)(1) and (2) of this section by complying with the appeal process, as specified in
paragraph (a)(2)(ii)(O) of this section.

50 CFR 648.4(a)(2)(ii)(D) (enhanced display)

page 36 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(2)(ii)(D)(1)

(1) Permit criterion. A vessel must have been issued a general category scallop permit in
at least one scallop fishing year, as defined in § 648.2, between March 1, 2000, and
November 1, 2004.
(2) Landings criterion. A vessel must have landed at least 1,000 lb (454 kg) of shucked
scallops in any one year when the vessel also held a general category scallop permit
as specified in paragraph (a)(2)(ii)(D)(1) of this section. To qualify, scallop landings in
the 2004 fishing year must have occurred on or before November 1, 2004. NMFS
dealer data shall be used to make the initial determination of vessel eligibility. If a
dealer reported more than 400 lb (181.4 kg) of scallops on a trip, only 400 lb (181.4
kg) will be credited toward the landings criteria. For dealer reports that indicate that
the landings were bushels of in-shell scallops, a conversion of 8 lb (3.63 kg) of
scallop meats per bushel will be used to calculate meat-weight, up to the maximum
of 400 lb (181.4 kg) per trip. For dealer reports that indicate that the landings were
reported in pounds of in-shell scallops, the weight shall be converted to meat-weight
using the formula of one pound (0.45 kg) of scallop meats for 8.33 lb (3.78 kg) of inshell scallops, up to the maximum of 400 lb (181.4 kg) per trip, for qualification
purposes.
(E) Contribution factor for determining a vessel's IFQ. An eligible IFQ scallop vessel's best year
of scallop landings during the qualification period of March 1, 2000, through November 1,
2004, as specified in § 648.53(h)(2)(ii)(A), and the vessel's number of years active, as
specified in § 648.53(h)(2)(ii)(B), shall be used to calculate a vessel's contribution factor,
as specified in § 648.53(h)(2)(ii)(C). A vessel owner that has applied for an IFQ scallop
permit will be notified of the vessel's contribution factor at the time of issuance of the IFQ
scallop permit, consistent with confidentiality restrictions of the Magnuson-Stevens Act
specified at 16 U.S.C. 1881a. A vessel owner may appeal NMFS's determination of the IFQ
scallop vessel's contribution factor by complying with the appeal process as specified in
paragraph (a)(2)(ii)(O) of this section.
(F) Eligibility for NGOM or Incidental scallop permit. A vessel that is not eligible for, or for
which the vessel's owner chooses not to apply for, an IFQ scallop permit, may be issued
either a NGOM scallop permit or an Incidental scallop permit if the vessel was issued a
general category scallop permit as of November 1, 2004, or if the vessel is replacing a
vessel that was issued a general category scallop permit as of November 1, 2004. A
vessel owner may appeal NMFS's determination that a vessel does not meet this criterion
by complying with the appeal process as specified in paragraph (a)(2)(ii)(O) of this
section. A vessel that qualifies for an IFQ scallop permit automatically qualifies for an
NGOM or Incidental scallop permit if the vessel's owner chooses to be issued an NGOM or
Incidental scallop permit instead of the IFQ scallop permit.
(G) LAGC permit restrictions —
(1) Change of permit category —
(i)

IFQ scallop permit. A vessel issued an IFQ scallop permit may not change its
general category scallop permit category at any time without voluntarily
relinquishing its IFQ scallop permit eligibility as specified in paragraph
(a)(2)(ii)(M) of this section. If the vessel owner has elected to relinquish the
vessel's IFQ permit and instead be issued an NGOM or Incidental scallop permit,
the IFQ permit shall be permanently relinquished.

50 CFR 648.4(a)(2)(ii)(G)(1)(i) (enhanced display)

page 37 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(2)(ii)(G)(1)(ii)

(ii) NGOM and Incidental scallop permit. A vessel may be issued either an NGOM or
Incidental scallop permit for each fishing year, and a vessel owner may not
change his/her LAGC scallop permit category during the fishing year, except as
specified in this paragraph (a)(2)(ii)(G)(1)(ii). The owners of a vessel issued a
NGOM or Incidental scallop permit must elect a permit category in the vessel's
permit application and shall have one opportunity each fishing year to request a
change in its permit category by submitting an application to the Regional
Administrator within 45 days of the effective date of the vessel's permit. After
that date, the vessel must remain in that permit category for the duration of the
fishing year.
(2) VMS requirement. A vessel issued a LAGC permit must have an operational VMS
installed. Issuance of an Atlantic sea scallop permit requires the vessel owner to
submit a copy of the vendor's installation receipt or provide verification of vendor
activation from a NMFS-approved VMS vendor as described in § 648.9.
(H) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of this section. Applications for
a LAGC permit described in paragraph (a)(2)(ii) of this section must be postmarked no
later than August 30, 2008. Applications for LAGC permits that are not postmarked on or
before August 30, 2008, may be denied and returned to the sender with a letter explaining
the denial. Such denials may not be appealed and shall be the final decision of the
Department of Commerce. If NMFS determines that the vessel owner has failed to pay a
cost recovery fee in accordance with the cost recovery requirements specified at §
648.53(h)(4)(ii), the IFQ permit shall not be renewed.
(I)

Qualification restriction.
(1) See paragraph (a)(1)(i)(C) of this section for restrictions applicable to limited access
scallop permits.
(2) Notwithstanding paragraph (a)(1)(i)(L) of this section, scallop landings history
generated by separate owners of a single vessel at different times during the
qualification period for LAGC scallop permits may be used to qualify more than one
vessel, provided that each owner applying for an LAGC scallop permit demonstrates
that he/she created distinct fishing histories, that such histories have been retained,
and if the vessel was sold, that each applicant's eligibility and fishing history is
distinct.
(3) Notwithstanding paragraph (a)(1)(i)(L) of this section, a vessel owner applying for a
LAGC permit who sold or transferred a vessel with non-scallop limited access
permits, as specified in paragraph (a)(1)(i)(D) of this section, and retained only the
general category scallop history of such vessel as specified in paragraph (a)(1)(i)(D)
of this section, before July 1, 2008, may use the general category scallop history to
qualify a different vessel for the initial IFQ scallop permit, regardless of whether the
history from the sold or transferred vessel was used to qualify another vessel for
another limited access permit.

(J) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
(K) Replacement vessels. A vessel owner may apply to replace a qualified LAGC vessel with
another vessel that he/she owns. There are no size or horsepower restrictions on
replacing general LAGC vessels, unless the qualified vessel that will be replaced is subject
50 CFR 648.4(a)(2)(ii)(K) (enhanced display)

page 38 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(2)(ii)(L)

to such restriction because of other limited access permits issued pursuant to § 648.4. In
order for a LAGC that also has other limited access permits issued pursuant to § 648.4 to
be replaced by a vessel that does not meet the replacement and upgrade restrictions
specified for those other limited access permits, the other limited access permits must be
permanently relinquished, as specified in paragraph (a)(1)(i)(K) of this section.
(L) Confirmation of Permit History. See paragraph (a)(1)(i)(J) of this section.
(M) Abandonment or voluntary relinquishment of permits. See paragraph (a)(1)(i)(K) of this
section.
(N) Restriction on permit splitting. Except as provided in paragraphs (a)(2)(ii)(I)(2) and (3) of
this section, paragraph (a)(1)(i)(L) of this section applies.
(O) Appeal of denial of permit —
(1) Eligibility. Any applicant eligible to apply for an LAGC scallop permit who is denied
such permit may appeal the denial to the Regional Administrator within 30 days of
the notice of denial. Any such appeal may only be based on the grounds that the
information used by the Regional Administrator was incorrect. The appeal must be in
writing, must state the specific grounds for the appeal, and must include information
to support the appeal.
(2) Contribution factor appeals. Any applicant eligible to apply for a IFQ scallop permit
who disputes NMFS's determination of the vessel's contribution factor specified in
paragraph (a)(2)(ii)(E) of this section may appeal NMFS's determination to the
Regional Administrator within 30 days of the notification of the vessel's best year and
years active. Any such appeal may only be based on the grounds that the information
used by the Regional Administrator was incorrect. The appeal must be in writing,
must state the specific grounds for the appeal, and must include information to
support the appeal. A vessel owner may appeal both the eligibility criteria and the
contribution factor and must submit the appeal for both at the same time. An appeal
of contribution factor determinations shall be reviewed concurrently with an eligibility
appeal, if applicable.
(3) Appeal review. The Regional Administrator shall appoint a designee who shall make
the initial decision on the appeal. The appellant may request a review of the initial
decision by the Regional Administrator by so requesting in writing within 30 days of
the notice of the initial decision. If the appellant does not request a review of the
initial decision within 30 days, the initial decision is the final administrative action of
the Department of Commerce. Such review will be conducted by a hearing officer
appointed by the Regional Administrator. The hearing officer shall make findings and
a recommendation to the Regional Administrator, which shall be advisory only. Upon
receiving the findings and the recommendation, the Regional Administrator shall
issue a final decision on the appeal. The Regional Administrator's decision is the final
administrative action of the Department of Commerce.
(4) Status of vessels pending appeal. A vessel denied an LAGC scallop permit may fish
while under appeal, provided that the denial has been appealed, the appeal is
pending, and the vessel has on board a letter from the Regional Administrator
temporarily authorizing the vessel to fish under the limited access general category
permit. The Regional Administrator shall issue such a letter that shall be effective
50 CFR 648.4(a)(2)(ii)(O)(4) (enhanced display)

page 39 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(3)

only during the pendency of any appeal. The temporary letter of authorization must
be carried on board the vessel and all requirements of the permit category for which
the appeal has been made shall apply. If the appeal is finally denied, the Regional
Administrator shall send a notice of final denial to the vessel owner; the temporary
authorizing letter becomes invalid 5 days after receipt of the notice of denial, but no
later than 10 days from the date of the letter of denial, regardless of the date of the
owner's receipt of the denial.
(3) Summer flounder vessels. Any vessel of the United States that fishes for or retains summer flounder
in the EEZ must have been issued and carry on board a valid summer flounder permit, except for
vessels other than party or charter vessels that observe the possession limit set forth in § 648.106.
(i)

Moratorium permits —
(A) Eligibility. To be eligible to apply for a moratorium permit to fish for and retain summer
flounder in excess of the possession limit in § 648.106 in the EEZ, a vessel must have
been issued a summer flounder moratorium permit for the preceding year, be replacing a
vessel that was issued a moratorium permit for the preceding year, or be replacing a
vessel that was issued a confirmation of permit history.
(B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of this section.
(C) Qualification restriction. See paragraph (a)(1)(i)(C) of this section.
(D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
(E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
(F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
(G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this section.
(H) Vessel baseline specifications. The vessel baseline specifications in this section are the
respective specifications (length, horsepower) of the vessel as of March 22, 1999, unless
the vessel is in the process of construction or rerigging or under agreement or written
contract for construction or rerigging, as of the effective baseline specification date in
which case the baseline specifications will be established no later than February 19, 2000.
(I)

[Reserved]

(J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of this section.
(K) Abandonment or voluntary relinquishment of permits. See paragraph (a)(1)(i)(K) of this
section.
(L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of this section.
(ii) Party and charter boat permits. Any party or charter boat is eligible for a permit to fish for
summer flounder, other than a summer flounder moratorium permit, if it is carrying passengers
for hire. Such vessel must observe the possession limits specified in § 648.106.
(iii) Exemption permits. Owners of summer flounder vessels seeking an exemption from the
minimum mesh requirement under the provisions of § 648.108(b)(1) must request a letter of
authorization (LOA) from the Regional Administrator. Vessels must be enrolled in the
exemption program for a minimum of 7 days. The Regional Administrator may impose
50 CFR 648.4(a)(3)(iii) (enhanced display)

page 40 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(4)

temporary additional procedural requirements by publishing a notification in the FEDERAL
REGISTER. If a summer flounder charter or party requirement of this part differs from a summer
flounder charter or party management measure required by a state, any vessel owners or
operators fishing under the terms of a summer flounder charter/party vessel permit in the EEZ
for summer flounder must comply with the more restrictive requirement while fishing in state
waters, unless otherwise authorized under § 648.107.
(4) Surfclam and ocean quahog vessels. Any vessel of the United States that fishes for surfclams or
ocean quahogs, except vessels taking surfclams and ocean quahogs for personal use or fishing
exclusively within state waters, must have been issued and carry on board a valid surfclam or ocean
quahog permit, respectively.
(i)

Maine mahogany quahog permit.
(A) A vessel is eligible for a Maine mahogany quahog permit to fish for ocean quahogs in the
Maine mahogany quahog zone if it meets the following eligibility criteria in paragraphs
(a)(1) and (a)(2) of this section, and an application for a Maine mahogany quahog permit
is submitted by May 19, 1999. After May 19, 1999, to be eligible to apply for a Maine
mahogany quahog permit, a vessel must have been issued a Maine mahogany quahog
permit for the preceding year, be replacing a vessel that was issued a Maine mahogany
quahog permit for the preceding year, or be replacing a vessel that was issued a
confirmation of permit history.
(1) The vessel was issued a Federal Maine Mahogany Quahog Experimental Permit
during one of the experimental fisheries authorized by the Regional Administrator
between September 30, 1990, and September 30, 1997; and,
(2) The vessel landed at least one Maine bushel of ocean quahogs from the Maine
mahogany quahog zone as documented by fishing or shellfish logs submitted to the
Regional Administrator prior to January 1, 1998.
(B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of this section.
(C) Qualification restriction. See paragraph (a)(1)(i)(C) of this section.
(D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
(E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
(F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
(G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this section.
(H) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of this section.
(I)

[Reserved]

(J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of this section.
(K) Abandonment or voluntary relinquishment of permits. See paragraph (a)(1)(i)(K) of this
section.
(L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of this section.
(M) Appeal of denial of a permit.
50 CFR 648.4(a)(4)(i)(M) (enhanced display)

page 41 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(4)(i)(M)(1)

(1) Any applicant denied a Maine mahogany quahog permit may appeal to the Regional
Administrator within 30 days of the notice of denial. Any such appeal shall be in
writing. The only ground for appeal is that the Regional Administrator's designee
erred in concluding that the vessel did not meet the criteria in paragraph (a)(4)(i)(A)
of this section. The appeal must set forth the basis for the applicant's belief that the
decision of the Regional Administrator's designee was made in error.
(2) The appeal may be presented, at the option of the applicant, at a hearing before an
officer appointed by the Regional Administrator.
(3) The hearing officer shall make a recommendation to the Regional Administrator.
(4) The Regional Administrator will make a final decision based on the criteria in
paragraph (a)(4)(i)(A) of this section and on the available record, including any
relevant documentation submitted by the applicant and, if a hearing is held, the
recommendation of the hearing officer. The decision on the appeal by the Regional
Administrator is the final decision of the Department of Commerce.
(ii) VMS Requirement.
(A) Surfclam and ocean quahog open access permits. In order to be eligible for issuance of an
open access surfclam or ocean quahog permit, the vessel owner must have installed on
the vessel an operational VMS unit that meets the criteria set forth in § 648.9. The vessel
owner/operator must activate the VMS unit and provide verification of vendor activation
from a NMFS-approved VMS vendor as described in § 648.9. Verification is done by
completing, signing, and mailing or faxing a VMS certification form to the NMFS Northeast
Region Office of Law Enforcement.
(B) Maine mahogany quahog limited access permit. In order to be eligible for issuance of a
Maine mahogany quahog permit, the vessel owner must have installed on the vessel an
operational VMS unit that meets the criteria set forth in § 648.9. By January 1, 2009,
unless otherwise exempted under paragraph (a)(4)(ii)(B)(1) of this section. The vessel
owner/operator must activate the VMS unit and provide verification of vendor activation
from a NMFS-approved VMS vendor as described in § 648.9. Verification is done by
completing, signing, and mailing or faxing a VMS certification form to the NMFS Northeast
Region Office of Law Enforcement.
(1) Special VMS exemption for Maine mahogany quahog vessels. Vessel owners eligible
to renew a limited access Maine mahogany quahog permit may do so without proof
of installation of a VMS, provided the vessel does not fish for, catch, or possess; or
attempt to fish for, catch, or posses; Maine mahogany quahogs. Proof of VMS
installation must be provided to the NMFS Northeast Region Office of Law
Enforcement prior to departure on any fishing trip on which ocean quahogs may be
caught or landed. Once a vessel issued a Maine mahogany quahog permit has
elected to participate in the Maine mahogany quahog fishery, the vessel must keep
the VMS unit turned on and functioning as specified under § 648.9. Once a limited
access Maine mahogany quahog permitted vessel has participated in the Maine
mahogany quahog fishery, this exemption no longer applies.
(2) [Reserved]

50 CFR 648.4(a)(4)(ii)(B)(2) (enhanced display)

page 42 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(5)

(5) Mackerel, squid, and butterfish vessels. Any vessel of the United States, including party and charter
vessels, that fishes for, possesses, or lands Atlantic mackerel, Illex squid, longfin squid, or butterfish
in or from the EEZ or Atlantic chub mackerel in or from the EEZ portion of the Atlantic Chub Mackerel
Management Unit must have been issued and carry on board a valid Federal mackerel, squid, or
butterfish vessel permit pursuant to this paragraph (a)(5).
(i)

Longfin squid moratorium permits —
(A) Eligibility. To be eligible to apply for a moratorium permit to fish for and retain longfin squid
in excess of the incidental catch allowance in paragraph (a)(5)(vi) of this section in the
EEZ, a vessel must have been issued a longfin squid moratorium permit for the preceding
year, be replacing a vessel that was issued a moratorium permit for the preceding year, or
be replacing a vessel that was issued a confirmation of permit history. Beginning in fishing
year 2018, a vessel may be eligible for and could be issued a Tier 1, Tier 2, or Tier 3 longfin
squid moratorium permit if the vessel and associated fishing history meet the criteria
described under paragraphs (a)(5)(i)(A)(1) through (3) of this section.
(1) Tier 1 longfin squid moratorium permit. Beginning in February 2019, the Regional
Administrator shall automatically issue a Tier 1 longfin squid moratorium permit to
any vessel that is issued a longfin squid/butterfish moratorium permit or eligible to
be issued such a permit held in confirmation of permit history (CPH) during calendar
year 2018 that meets the eligibility criteria in this paragraph (a)(5)(i)(A)(1). To be
eligible for a Tier 1 permit, a vessel must have been issued a valid longfin squid/
butterfish moratorium permit and landed more than 10,000 lb (4,536 kg) of longfin
squid in at least one calendar year between January 1, 1997, and December 31, 2013.
Fishing history, including for a permit held in confirmation of permit history, can be
used by a vessel to qualify for and be issued a tier 1 longfin squid moratorium permit,
provided the Regional Administrator has determined that the fishing and permit
history of such vessel has been lawfully retained by the applicant. Landings data
used in this qualification must be verified by dealer reports submitted to NMFS. A
vessel that was not automatically issued a Tier 1 longfin squid moratorium permit
may apply for such a permit in accordance with paragraph (a)(5)(i)(B) of this section.
(2) Tier 2 longfin squid moratorium permit. Beginning in February 2019, the Regional
Administer shall automatically issue a Tier 2 longfin squid moratorium permit to any
vessel that is issued a longfin squid/butterfish moratorium permit or eligible to be
issued such a permit held in CPH during fishing year 2018 that does not qualify for a
Tier 1 longfin squid moratorium permit, as described in paragraph (a)(5)(i)(A)(1) of
this section.
(3) Tier 3 longfin squid moratorium permit. To be issued a Tier 3 permit, a vessel must
have been issued an open access squid/butterfish permit and landed more than
5,000 lb (2,268 kg) of longfin squid in at least one calendar year between January 1,
1997, and December 31, 2013. Landings data used in this qualification must be
verified by dealer reports submitted to NMFS.
(B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of this section. Unless
automatically issued a Tier 1 or 2 longfin squid moratorium permit in accordance with
paragraphs (a)(5)(i)(A)(1) or (2) of this section, a vessel owner may submit an initial
application for a longfin squid moratorium permit described in paragraph (a)(5)(i)(A)(1)
through (3) of this section. The initial application must be received by NMFS or

50 CFR 648.4(a)(5)(i)(B) (enhanced display)

page 43 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(5)(i)(C)

postmarked no later than February 29, 2020. An initial application for a longfin squid
moratorium permit that is not postmarked before February 29, 2020, will not be processed
because of this regulatory restriction, and will be returned to the sender with a letter
explaining the reason for its return.
(C) Qualification restriction. See paragraph (a)(1)(i)(C) of this section. Longfin squid landings
history generated by separate owners of a single vessel at different times during the
qualification period for a longfin squid moratorium permit may be used to qualify more
than one vessel, provided that each owner applying for such a permit demonstrates that
he/she created distinct fishing histories, that such histories have been retained, and if the
vessel was sold, that each applicant's eligibility and fishing history is distinct.
(D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
(E) Replacement vessels. With the exception of a vessel issued a longfin squid Tier 3
moratorium permit, to be eligible for a longfin squid moratorium permit, a replacement
vessel must meet the criteria specified in paragraph (a)(1)(i)(E) of this section.
(F) Upgraded vessel. With the exception of a vessel issued a longfin squid Tier 3 moratorium
permit, the upgrade provisions in paragraph (a)(1)(i)(F) of this section apply to a vessel
issued a longfin squid moratorium permit.
(G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this section.
(H) Vessel baseline specifications. With the exception of a vessel issued a longfin squid Tier 3
moratorium permit, the vessel baseline specification measures specified in paragraph
(a)(3)(i)(H) of this section apply to a vessel issued a longfin squid moratorium permit.
(I)

One-time longfin squid moratorium permit swap. An entity that owns multiple vessels
issued longfin squid/butterfish moratorium permits as of May 26, 2017, has a one-time
opportunity to swap one Tier 1 longfin squid moratorium permit issued to one of its
vessels with a longfin squid Tier 2 moratorium permit issued to another of its vessels. No
other fishery permits issued under this section may be transferred pursuant to this
paragraph (a)(5)(i)(I). To be eligible for the one-time longfin squid moratorium permit
swap, the following conditions must be met:
(1) An application to swap longfin squid moratorium permits must be received by the
Regional Administrator within one year of the Regional Administrator's final decision
on the issuance of the longfin squid Tier 1 or Tier 2 moratorium permits to be
exchanged;
(2) At the time of the application, the owner of record for both vessels and permits
involved in the permit swap must be identical to the owner of record of the same two
vessels issued the associated longfin squid/butterfish moratorium permits as of May
26, 2017;
(3) The length overall of the vessel upon which a longfin squid moratorium permit would
be placed may not exceed the length overall associated with that individual permit's
vessel baseline specifications by more than 10 percent; and
(4) The horsepower of the vessel upon which a longfin squid moratorium permit would
be placed may not exceed the horsepower associated with that individual permit's
vessel baseline specifications by more than 20 percent.

50 CFR 648.4(a)(5)(i)(I)(4) (enhanced display)

page 44 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(5)(i)(J)

(J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of this section.
(K) Abandonment or voluntary relinquishment of permits. See paragraph (a)(1)(i)(K) of this
section.
(L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of this section.
(M) Appeal of permit denial —
(1) Eligibility. Any applicant eligible to apply for a longfin squid moratorium permit who is
denied such permit by the Regional Administrator may appeal the denial to the
Regional Administrator within 30 days of the notice of denial.
(2) Appeal review. Review of the Regional Administrator's decisions on longfin squid
moratorium permit issuance will be conducted by the NOAA Fisheries National
Appeals Office pursuant to the procedures set forth in 15 CFR part 906, unless
otherwise modified by the procedures described here. The National Appeals Office
shall make findings and submit its decision to the Regional Administrator and the
applicant. The Regional Administrator will review the National Appeals Office
decision and make a final decision regarding any appeal in accordance with 15 CFR
906.17. The Regional Administrator's decision is the final decision of the Department
of Commerce.
(i)

Appeal request. An appeal of the denial of an initial permit application must be
made in writing and submitted to and received by the Regional Administrator or
postmarked no later than 30 days after the denial of an initial longfin squid
moratorium permit application. Upon receipt, the Regional Administrator shall
forward each appeal request to the National Appeals Office. Appeals must be
based on the grounds that the information used by the Regional Administrator
in denying the original permit application was incorrect. Items subject to appeal
include, but are not limited to, the accuracy of the amount of landings, the
correct assignment of landings to a vessel and/or permit holder, and the
issuance of a permit to a particular entity. The appeal request must state the
specific grounds for the appeal, and include information to support the appeal.
An appellant may request a hearing by including a concise statement raising
genuine and substantial issues of a material fact or law that cannot be resolved
based on the documentary evidence alone. An appellant may also request a
letter of authorization (LOA), as described in paragraph (a)(5)(i)(M)(3) of this
section, to continue to fish during an appeal. If the appeal of the denial of the
permit application is not made within 30 days, the denial of the permit
application shall constitute the final decision of the Department of Commerce.
The appeal will not be reviewed without submission of information in support of
the appeal.

(ii) Reconsideration. Should the National Appeals Office deny an appeal request
submitted according to paragraph (a)(5)(i)(M)(2)(i) of this section, the applicant
may request a reconsideration of the appeal by the National Appeals Office. A
reconsideration request must be made in writing and submitted to the National
Appeals Office within 10 days of that office's decision on the appeal, as
instructed by the National Appeals Office.

50 CFR 648.4(a)(5)(i)(M)(2)(ii) (enhanced display)

page 45 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(5)(i)(M)(3)

(3) Status of vessels pending appeal. A vessel denied a longfin squid moratorium permit
may fish for longfin squid while the decision on the appeal is pending within NMFS,
provided that the denial has been appealed, the appeal is pending, and the vessel has
on board an LOA from the Regional Administrator authorizing the vessel to fish under
the longfin squid moratorium permit category for which the applicant has submitted
an appeal. A request for an LOA must be made when submitting an appeal of the
denial of the permit application. The Regional Administrator will issue such a letter
for the pending period of any appeal. The LOA must be carried on board the vessel. If
the appeal is finally denied, the Regional Administrator shall send a notice of final
denial to the vessel owner; the authorizing letter becomes invalid 5 days after the
receipt of the notice of denial, but no later than 10 days from the date of the letter of
denial.
(ii) Illex squid and butterfish moratorium permits —
(A) Eligibility. To be eligible to apply for a moratorium permit to fish for and retain Illex squid or
butterfish in excess of the incidental catch allowance in paragraph (a)(5)(iv) of this
section in the EEZ, a vessel must have been issued an Illex squid or butterfish moratorium
permit for the preceding year, be replacing a vessel that was issued a moratorium permit
for the preceding year, or be replacing a vessel that was issued a confirmation of permit
history. Beginning in February 2019, a vessel that was previously issued a longfin squid/
butterfish moratorium permit during fishing year 2018 shall be automatically issued a
separate butterfish moratorium permit.
(B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of this section.
(C) Qualification restriction. See paragraph (a)(1)(i)(C) of this section.
(D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
(E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
(F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section. In addition for moratorium Illex
squid permits, the upgraded vessel's volumetric hold capacity may not exceed by more
than 10 percent the volumetric fish hold capacity of the vessel's baseline specifications.
The modified fish hold, or the fish hold of the replacement vessel, must be surveyed by a
surveyor (accredited as in paragraph (a)(5)(ii)(H) of this section) and submitted to NMFS
unless the replacement vessel already had an appropriate certification.
(G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this section.
(H) Vessel Baseline specifications.
(1) The volumetric fish hold capacity of vessels with an Illex squid moratorium permit
will be considered a vessel baseline specification in addition to the baseline
specifications set forth in paragraph (a)(3)(i)(H) of this section. Volumetric fish hold
capacity for vessels with moratorium Illex squid permit must be established not later
than November 28, 2025 if not previously established as specified in paragraphs
(a)(5)(ii)(H)(2) of this section. The fish hold capacity measurement must be certified
by one of the following qualified individuals or entities: An individual credentialed as
a Certified Marine Surveyor with a fishing specialty by the National Association of
Marine Surveyors (NAMS); an individual credentialed as an Accredited Marine
50 CFR 648.4(a)(5)(ii)(H)(1) (enhanced display)

page 46 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(5)(ii)(H)(2)

Surveyor with a fishing specialty by the Society of Accredited Marine Surveyors
(SAMS); employees or agents of a classification society approved by the Coast
Guard pursuant to 46 U.S.C. 3316(c); the Maine State Sealer of Weights and
Measures; a professionally-licensed and/or registered Marine Engineer; or a Naval
Architect with a professional engineer license. The fish hold capacity measurement
submitted to NMFS as required in this paragraph (a)(5)(ii)(H)(1) must include a
signed certification by the individual or entity that completed the measurement,
specifying how they meet the definition of a qualified individual or entity. If the
vessel's permit suite does not include a Tier 1 or Tier 2 limited access Atlantic
mackerel permit for which a volumetric fish hold capacity baseline has been
established, the permit is not in CPH, or the volumetric hold measurement is not
submitted as established by the date listed above, the subsequent moratorium Illex
squid permit renewal application may be deemed incomplete until the volumetric
hold measurement has been established.
(2) If an Illex squid vessel already possesses a volumetric hold baseline related to its Tier
1 or Tier 2 limited access Atlantic mackerel permit as specified in paragraph
(a)(3)(iii)(H)(1), that measurement could be applied as a baseline specification for its
Illex squid moratorium permit.
(3) If an Illex squid permit in CPH has an existing volumetric hold measurement pursuant
to paragraph (a)(5)(ii)(H)(1) of this section for the vessel immediately preceding the
permit's placement into CPH, that volumetric hold measurement may be used to
establish a vessel hold baseline specification not later than November 28, 2025. In
the alternative, if an Illex squid permit is in CPH, the volumetric hold capacity baseline
may be the hold capacity of the first replacement vessel greater than 20 ft (6.09 m)
after the permits are removed from CPH. Hold capacity for the replacement vessel
must be measured pursuant to paragraph (a)(5)(ii)(H)(1) of this section.
(I)

[Reserved]

(J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of this section.
(K) Abandonment or voluntary relinquishment of permits. See paragraph (a)(1)(i)(K) of this
section.
(L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of this section.
(iii) Limited access Atlantic mackerel permits.
(A) Vessel size restriction. A vessel of the United States is eligible for and may be issued an
Atlantic mackerel permit to fish for, possess, or land Atlantic mackerel in or from the EEZ,
except for any vessel that is greater than or equal to 165 ft (50.3 m) in length overall
(LOA), or greater than 750 gross registered tons (680.4 mt), or the vessel's total main
propulsion machinery is greater than 3,000 horsepower. Vessels that exceed the size or
horsepower restrictions may seek to obtain an at-sea processing permit specified in §
648.6(a)(2)(i).
(B) Limited access mackerel permits. A vessel of the United States that fishes for, possesses,
or lands more than 20,000 lb (7.46 mt) of Atlantic mackerel per trip, except vessels that
fish exclusively in state waters for Atlantic mackerel, must have been issued and carry on

50 CFR 648.4(a)(5)(iii)(B) (enhanced display)

page 47 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(5)(iii)(B)(1)

board one of the limited access Atlantic mackerel permits described in paragraphs
(a)(5)(iii)(B)(1) through (3) of this section, including both vessels engaged in pair trawl
operations.
(1) Tier 1 Limited Access Atlantic Mackerel Permit. A vessel may fish for, possess, and
land Atlantic mackerel not subject to a trip limit, provided the vessel qualifies for and
has been issued this permit, subject to all other regulations of this part.
(2) Tier 2 Limited Access Atlantic Mackerel Permit. A vessel may fish for, possess, and
land up to 135,000 lb (50 mt) of Atlantic mackerel per trip, provided the vessel
qualifies for and has been issued this permit, subject to all other regulations of this
part.
(3) Tier 3 Limited Access Atlantic Mackerel Permit. A vessel may fish for, possess, and
land up to 100,000 lb (37.3 mt) of Atlantic mackerel per trip, provided the vessel
qualifies for and has been issued this permit, subject to all other regulations of this
part.
(C) Eligibility criteria for Atlantic mackerel permits. To be eligible to apply for a Tier 1, Tier 2, or
Tier 3 limited access Atlantic mackerel permit to fish for and retain Atlantic mackerel in
excess of the incidental catch allowance in paragraph (a)(5)(vi) of this section in the EEZ,
a vessel must have been issued a Tier 1, Tier 2, or Tier 3 limited access Atlantic mackerel
permit, as applicable, for the preceding year, be replacing a vessel that was issued a
limited access permit for the preceding year, or be replacing a vessel that was issued a
confirmation of permit history.
(D) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of this section.
(E) Qualification restrictions. See paragraph (a)(1)(i)(C) of this section.
(F) Change of ownership. See paragraph (a)(1)(i)(D) of this section.
(G) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
(H) Vessel baseline specification.
(1) In addition to the baseline specifications specified in paragraph (a)(1)(i)(H) of this
section, the volumetric fish hold capacity of a vessel at the time it was initially issued
a Tier 1 or Tier 2 limited access Atlantic mackerel permit will be considered a
baseline specification. The fish hold capacity measurement must be certified by one
of the following qualified individuals or entities: An individual credentialed as a
Certified Marine Surveyor with a fishing specialty by the National Association of
Marine Surveyors (NAMS); an individual credentialed as an Accredited Marine
Surveyor with a fishing specialty by the Society of Accredited Marine Surveyors
(SAMS); employees or agents of a classification society approved by the Coast
Guard pursuant to 46 U.S.C. 3316(c); the Maine State Sealer of Weights and
Measures; a professionally-licensed and/or registered Marine Engineer; or a Naval
Architect with a professional engineer license. The fish hold capacity measurement
submitted to NMFS as required in this paragraph (a)(5)(iii)(H)(1) must include a
signed certification by the individual or entity that completed the measurement,
specifying how they meet the definition of a qualified individual or entity.

50 CFR 648.4(a)(5)(iii)(H)(1) (enhanced display)

page 48 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(5)(iii)(H)(2)

(2) If an Atlantic mackerel CPH is initially issued, the vessel that provided the CPH
eligibility establishes the size baseline against which future vessel size limitations
shall be evaluated, unless the applicant has a vessel under contract prior to the
submission of the Atlantic mackerel limited access application. If the vessel that
established the CPH is less than 20 ft (6.09 m) in length overall, then the baseline
specifications associated with other limited access permits in the CPH suite will be
used to establish the Atlantic mackerel baseline specifications. If the vessel that
established the CPH is less than 20 ft (6.09 m) in length overall, the limited access
Atlantic mackerel eligibility was established on another vessel, and there are no other
limited access permits in the CPH suite, then the applicant must submit valid
documentation of the baseline specifications of the vessel that established the
eligibility. The hold capacity baseline for such vessels will be the hold capacity of the
first replacement vessel after the permits are removed from CPH. Hold capacity for
the replacement vessel must be measured pursuant to paragraph (a)(5)(iii)(H)(1) of
this section.
(I)

Upgraded vessel. See paragraph (a)(1)(i)(F) of this section. In addition, for Tier 1 and Tier 2
limited access Atlantic mackerel permits, the replacement vessel's volumetric fish hold
capacity may not exceed by more than 10 percent the volumetric fish hold capacity of the
vessel's baseline specifications. The modified fish hold, or the fish hold of the replacement
vessel, must be resurveyed by a surveyor (accredited as in paragraph (a)(5)(iii)(H) of this
section) unless the replacement vessel already had an appropriate certification.

(J) Consolidation restriction. See paragraph (a)(1)(i)(G) of this section.
(K) Confirmation of permit history. See paragraph (a)(1)(i)(J) of this section.
(L) Abandonment or voluntary relinquishment of permits. See paragraph (a)(1)(i)(K) of this
section.
(iv) Atlantic mackerel incidental catch permits. Any vessel of the United States may obtain a permit
to fish for or retain up to 20,000 lb (9,072 kg) of Atlantic mackerel as an incidental catch in
another directed fishery, provided that the vessel does not exceed the size restrictions specified
in paragraph (a)(5)(iii)(A) of this section. The incidental catch allowance may be revised by the
Regional Administrator based upon a recommendation by the Council following the procedure
set forth in § 648.21.
(v) Party and charter boat permits. The owner of any party or charter boat that fishes for,
possesses, or retains Atlantic mackerel, Illex squid, longfin squid, or butterfish in or from the
EEZ or Atlantic chub mackerel in or from the EEZ portion of the Atlantic Chub Mackerel
Management Unit, while carrying passengers for hire must have been issued and carry on
board a valid Federal vessel permit pursuant to this paragraph (a)(5).
(vi) Squid/butterfish incidental catch permit. Any vessel of the United States may obtain a permit to
fish for or retain up to 250 lb (113 kg) of longfin squid, 600 lb (272 kg) of butterfish, or up to
10,000 lb (4,536 kg) of Illex squid, as an incidental catch in another directed fishery. The
incidental catch allowance may be revised by the Regional Administrator based upon a
recommendation by the Council following the procedure set forth in § 648.22.
(6) Scup vessels. Beginning on January 1, 1997, and subject to the eligibility requirements specified in
paragraphs (a)(6)(i) and (a)(6)(ii) of this section, the owner of a vessel of the United States, including
a party or charter vessel, must obtain a permit issued under this part to fish for or retain scup for
50 CFR 648.4(a)(6) (enhanced display)

page 49 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(6)(i)

sale, barter or trade, in or from the EEZ north of 35°15.3′ N. lat. Any vessel, other than a party or
charter boat, that observes the possession limit restrictions established pursuant to, and the
prohibition on sale specified in, § 648.128 is exempt from the permit requirement.
(i)

Moratorium permit —
(A) Eligibility. To be eligible to apply for a moratorium permit to fish for and retain scup, a
vessel must have been issued a scup moratorium permit for the preceding year, be
replacing a vessel that was issued a scup moratorium permit for the preceding year, or be
replacing a vessel that was issued a confirmation of permit history.
(B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of this section.
(C) Qualification restriction. See paragraph (a)(1)(i)(C) of this section.
(D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
(E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
(F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
(G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this section.
(H) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of this section.
(I)

[Reserved]

(J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of this section.
(K) Abandonment or voluntary relinquishment of permits. See paragraph (a)(1)(i)(K) of this
section.
(L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of this section.
(ii) Party and charter boat permit. Any party or charter boat is eligible for a permit to fish for scup,
other than a scup moratorium permit, if it is carrying passengers for hire. Such vessel must
observe the possession limits established pursuant to, and the prohibitions on sale specified in,
§ 648.125.
(7) Black sea bass vessels. Beginning June 1, 1997, any vessel of the United States that fishes for or
retains black sea bass in or from the EEZ north of 35°15.3′ N. lat., the latitude of Cape Hatteras Light,
NC, must have been issued and carry on board a valid black sea bass moratorium permit, except for
vessels other than party or charter vessels that observe the possession limit established pursuant to
§ 648.145.
(i)

Moratorium permits —
(A) Eligibility. To be eligible to apply for a moratorium permit to fish for and retain black sea
bass in excess of the possession limit established pursuant to § 648.145 in the EEZ north
of 35°15.3′ N. Lat., the latitude of Cape Hatteras Light, NC, a vessel must have been issued
a black sea bass moratorium permit for the preceding year, be replacing a vessel that was
issued a black sea bass moratorium permit for the preceding year, or be replacing a vessel
that was issued a confirmation of permit history.
(B) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of this section.
(C) Qualification restriction. See paragraph (a)(1)(i)(C) of this section.

50 CFR 648.4(a)(7)(i)(C) (enhanced display)

page 50 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(7)(i)(D)

(D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
(E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
(F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
(G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this section.
(H) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of this section.
(I)

[Reserved]

(J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of this section.
(K) Abandonment or voluntary relinquishment of permits. See paragraph (a)(1)(i)(K) of this
section.
(L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of this section.
(ii) Party and charter boat permit. The owner of any party or charter boat must obtain a permit to
fish for or retain black sea bass in or from U.S. waters of the western Atlantic Ocean from
35°15.3′ N. lat., the latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada border,
while carrying passengers for hire.
(8) Atlantic bluefish vessels.
(i)

Commercial. Any vessel of the United States including party and charter boats not carrying
passengers for hire, that fishes for, possesses, or lands Atlantic bluefish in or from the EEZ in
excess of the recreational possession limit specified at § 648.164 must have been issued and
carry on board a valid commercial bluefish vessel permit.

(ii) Party and charter vessels. All party or charter boats must have been issued and carry on board a
valid party or charter boat permit to fish for, possess, or land Atlantic bluefish in or from the
EEZ if carrying passengers for hire. Persons on board such vessels must observe the
possession limits established pursuant to § 648.164 and the prohibitions on sale specified in §
648.14(q).
(9) Monkfish vessels. Any vessel of the United States, including a charter or party boat, must have been
issued and have on board a valid monkfish permit to fish for, possess, or land any monkfish in or
from the EEZ.
(i)

Limited access monkfish permits.
(A) Eligibility. A vessel may be issued a limited access monkfish permit if it meets any of the
following limited access monkfish permits criteria:
(1) Category A permit (vessels without NE multispecies or scallop limited access DAS
permits). The vessel landed at least 50,000 lb (22,680 kg) tail-weight or 166,000 lb
(75,297.6 kg) whole weight of monkfish between February 28, 1991, and February 27,
1995;
(2) Category B permit (vessels less than 51 gross registered tonnage (GRT) without NE
multispecies or scallop limited access DAS permits that do not qualify for a Category A
permit). The vessel landed at least 7,500 lb (3,402 kg) tail-weight or 24,900 lb
(11,294.6 kg) whole weight of monkfish between February 28, 1991, and February 27,
1995;

50 CFR 648.4(a)(9)(i)(A)(2) (enhanced display)

page 51 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(9)(i)(A)(3)

(3) Category C permit (vessels with NE multispecies or scallop limited access DAS
permits). The vessel landed at least 50,000 lb (22,680 kg) tail-weight or 166,000 lb
(75,297.6 kg) whole weight of monkfish between February 28, 1991, and February 27,
1995; or
(4) Category D permit (all vessels with NE multispecies limited access DAS permits and
vessels less than 51 GRT with scallop limited access DAS permits that do not qualify
for a Category C permit). The vessel landed at least 7,500 lb (3,402 kg) tail-weight or
24,900 lb (11,294.6 kg) whole weight of monkfish between February 28, 1991, and
February 27, 1995.
(5) Category F permit (vessels electing to participate in the Offshore Fishery Program ). To
fish in the Offshore Fishery Program, as described under § 648.95, vessels must
apply for and be issued a Category F permit and fish under this permit category for
the entire fishing year. 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.
(6) Category G permit (vessels restricted to fishing south of 38°40′ N. lat. As described in
§ 648.92(b) that do not qualify for a monkfish limited access Category A, B, C, or D
permit). The vessel landed at least 50,000 lb (22,680 kg) tail weight or 166,000 lb
(75,296 kg) whole weight of monkfish in the area south of 38°00′ N. lat. during the
period March 15 through June 15 in the years 1995 to 1998.
(7) Category H permit (vessels restricted to fishing south of 38°40′ N. lat. As described in
§ 648.92(b) that do not qualify for a monkfish limited access Category A, B, C, D, or G
permit). The vessel landed at least 7,500 lb (3,402 kg) tail weight or 24,900 lb (11,294
kg) whole weight of monkfish in the area south of 38°00′ N. lat. during the period
March 15 through June 15 in the years 1995 to 1998.
(B) Application/renewal restrictions. No one may apply for an initial limited access monkfish
permit for a vessel after November 7, 2000, unless otherwise allowed in this paragraph
(a)(9)(i)(B). Vessels applying for an initial limited access Category G or H permit, as
described in paragraphs (a)(9)(i)(A)(6) and (7) of this section, must do so on or before
April 30, 2006.
(C) Qualification restrictions.
(1) See paragraph (a)(1)(i)(C) of this section.
(2) Vessels under agreement for construction or under reconstruction. A vessel may be
issued a limited access monkfish permit if the vessel was under written agreement
for construction or reconstruction between February 28, 1994, and February 27, 1995,
and such vessel meets any of the qualification criteria regarding amount of landings
as stated in paragraph (a)(9)(i)(A) of this section between February 28, 1991, and
February 27, 1996.
(D) Change in ownership.
50 CFR 648.4(a)(9)(i)(D) (enhanced display)

page 52 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(9)(i)(D)(1)

(1) See paragraph (a)(1)(i)(D) of this section.
(2) A vessel may be issued a limited access monkfish permit if it was under written
agreement for purchase as of February 27, 1995 and meets any of the qualification
criteria regarding amount of landings as stated in paragraph (a)(9)(i)(A) of this
section between February 28, 1991, and February 27, 1996.
(E) Replacement vessels.
(1) See paragraph (a)(1)(i)(E) of this section.
(2) A vessel ≥51 GRT that lawfully replaced a vessel <51 GRT between February 27, 1995,
and October 7, 1999, that meets the qualification criteria set forth in paragraph
(a)(9)(i)(A) of this section, but exceeds the 51 GRT vessel size qualification criteria
as stated in paragraph (a)(9)(i)(A)(2) or (4) of this section, may qualify for and fish
under the permit category for which the replaced vessel qualified.
(3) A vessel that replaced a vessel that fished for and landed monkfish between February
28, 1991, and February 27, 1995, may use the replaced vessel's history in lieu of or in
addition to such vessel's fishing history to meet the qualification criteria set forth in
paragraph (a)(9)(i)(A)(1), (2), (3), or (4) of this section, unless the owner of the
replaced vessel retained the vessel's permit or fishing history, or such vessel no
longer exists and was replaced by another vessel according to the provisions in
paragraph (a)(1)(i)(D) of this section.
(4) A vessel that replaced a vessel that fished for and landed monkfish between March
15 through June 15 in the years 1995 through 1998, may use the replaced vessel's
history in lieu of, or in addition to, such vessel's fishing history to meet the
qualification criteria set forth in paragraphs (a)(9)(i)(A)(6) and (7) of this section,
unless the owner of the replaced vessel retained the vessel's permit or fishing history,
or such vessel no longer exists and was replaced by another vessel according to the
provision of paragraph (a)(1)(i)(D) of this section.
(F) Upgraded vessel.
(1) See paragraph (a)(1)(i)(F) of this section.
(2) A vessel ≥51 GRT that upgraded from a vessel size <51 GRT between February 27,
1995, and October 7, 1999, that meets any of the qualification criteria set forth in
paragraph (a)(9)(i)(A) of this section, but exceeds the 51 GRT vessel size
qualification criteria as stated in paragraphs (a)(9)(i)(A)(2) and (4) of this section,
may qualify for and fish under the permit category of the smaller vessel.
(G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this section.
(H) Vessel baseline specification. See paragraph (a)(1)(i)(H) of this section.
(I)

[Reserved]

(J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of this section.
(K) Abandonment or voluntary relinquishment of permits. See paragraph (a)(1)(i)(K) of this
section.

50 CFR 648.4(a)(9)(i)(K) (enhanced display)

page 53 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(9)(i)(L)

(L) Restriction on permit splitting. A limited access monkfish permit may not be issued to a
vessel or to its replacement, or remain valid, if the vessel's permit or fishing history has
been used to qualify another vessel for another Federal fishery.
(ii) Monkfish incidental catch vessels (Category E). A vessel of the United States that is subject to
these regulations and that has not been issued a limited access monkfish permit under
paragraph (a)(9)(i)(A) of this section is eligible for and may be issued a monkfish incidental
catch (Category E) permit to fish for, possess, or land monkfish subject to the restrictions in §
648.94(c).
(10) Atlantic herring vessels —
(i)

Except as provided herein, any vessel of the United States must have been issued and have on
board a valid Atlantic herring permit to fish for, possess, or land Atlantic herring in or from the
EEZ. This requirement does not apply to the following:
(A) A vessel that possesses herring solely for its use as bait, providing the vessel does not use
or have on board purse seine, mid-water trawl, pelagic gillnet, sink gillnet, or bottom trawl
gear on any trip in which herring is fished for, possessed, or landed, and does not transfer,
sell, trade, or barter such herring;
(B) A skiff or other similar craft used exclusively to deploy the net in a purse seine operation
during a fishing trip of a vessel that is duly permitted under this part; or
(C) At-sea processors that do not harvest fish, provided that at-sea processor vessels are
issued the at-sea processor permit specified under § 648.6(a)(2).

(ii) Atlantic herring carrier. An Atlantic herring carrier must have been issued and have on board a
herring permit and a letter of authorization to receive and transport Atlantic herring caught by
another permitted fishing vessel or it must have been issued and have on board a herring
permit and have declared an Atlantic herring carrier trip via VMS consistent with the
requirements at § 648.10(m)(1). Once a vessel declares an Atlantic herring carrier trip via VMS,
it is bound to the VMS operating requirements, specified at § 648.10, for the remainder of the
fishing year. On Atlantic herring carrier trips under either the letter of authorization or an
Atlantic herring carrier VMS trip declaration, an Atlantic herring carrier is exempt from the VMS,
IVR, and VTR vessel reporting requirements, as specified in § 648.7 and subpart K of this part,
except as otherwise required by this part. If not declaring an Atlantic herring carrier trip via
VMS, an Atlantic herring carrier vessel must request and obtain a letter of authorization from
the Regional Administrator, and there is a minimum enrollment period of 7 calendar days for a
letter of authorization. Atlantic herring carrier vessels operating under a letter of authorization
or an Atlantic herring carrier VMS trip declaration may not conduct fishing activities, except for
purposes of transport, or possess any fishing gear on board the vessel capable of catching or
processing herring, and they must be used exclusively as an Atlantic herring carrier vessel, and
they must carry observers if required by NMFS. While operating under a valid letter of
authorization or Atlantic herring carrier VMS trip declaration, such vessels are exempt from any
herring possession limits associated with the herring vessel permit categories. Atlantic herring
carrier vessels operating under a letter of authorization or an Atlantic herring carrier VMS trip
declaration may not possess, transfer, or land any species other than Atlantic herring, except
that they may possess Northeast multispecies transferred by vessels issued either a Category
A or B Herring Permit, consistent with the applicable possession limits for such vessels
specified at § 648.86(a)(3) and (k).
50 CFR 648.4(a)(10)(ii) (enhanced display)

page 54 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(10)(iii)

(iii) Vessel size limitation. A vessel of the United States is eligible for and may be issued an Atlantic
herring permit to fish for, possess, or land Atlantic herring in or from the EEZ, except for any
vessel that is ≥165 ft (50.3 m) in length overall (LOA), or >750 GRT (680.4 mt), or the vessel's
total main propulsion machinery is >3,000 horsepower. Vessels that exceed the size or
horsepower restrictions are eligible to be issued an at-sea processing permit specified under §
648.6(a)(2)(ii).
(iv) Limited access herring permits.
(A) A vessel of the United States that fishes for, possesses, or lands more than 6,600 lb (3 mt)
of herring, except vessels that fish exclusively in state waters for herring, must have been
issued and carry on board either one of the limited access herring permits described in
paragraphs (a)(10)(iv)(A)(1) through (3) of this section or an open access Category E
Herring Permit (as described in § 648.4(a)(10)(v)(B)), including both vessels engaged in
pair trawl operations.
(1) Category A Herring Permit (All Areas Limited Access Herring Permit). A vessel may
fish for, possess, and land unlimited amounts of herring from all herring areas,
provided the vessel qualifies for and has been issued this permit, subject to all other
regulations of this part.
(2) Category B Herring Permit (Areas 2 and 3 Limited Access Herring Permit). A vessel
may fish for, possess, and land unlimited amounts of herring from herring Areas 2
and 3, provided the vessel qualifies for and has been issued this permit, subject to all
other regulations of this part.
(3) Category C Herring Permit (Limited Access Incidental Catch Herring Permit).
(i)

A vessel that does not qualify for either of the permits specified in paragraphs
(a)(10)(iv)(A)(1) and (2) of this section may fish for, possess, and land up to
55,000 lb (25 mt) of herring from any herring area, provided the vessel qualifies
for and has been issued this permit, subject to all other regulations of this part.

(ii) A vessel that does not qualify for a Category A Herring Permit specified in
paragraph (a)(10)(iv)(A)(1) of this section, but qualifies for the Category B
Herring Permit specified in paragraph (a)(10)(iv)(A)(2) of this section, may fish
for, possess, and land up to 55,000 lb (25 mt) of herring from Area 1, provided
the vessel qualifies for and has been issued this permit, subject to all other
regulations of this part.
(B) Eligibility for Category A and B Herring Permits, and Confirmation of Permit History (CPH). A
vessel is eligible for and may be issued either a Category A or B Herring Permit if it meets
the permit history criteria in paragraph (a)(10)(iv)(B)(1) of this section and the relevant
landing requirements in paragraphs (a)(10)(iv)(B)(2) and (3) of this section.
(1) Permit history criteria for Category A and B Herring Permits.
(i)

The vessel must have been issued a Federal herring permit (Category 1 or 2)
that was valid as of November 10, 2005; or

(ii) The vessel is replacing a vessel that was issued a Federal herring permit
(Category 1 or 2) between November 10, 2003, and November 9, 2005. To
qualify as a replacement vessel, the replacement vessel and the vessel being
50 CFR 648.4(a)(10)(iv)(B)(1)(ii) (enhanced display)

page 55 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(10)(iv)(B)(2)

replaced must both be owned by the same vessel owner; or, if the vessel being
replaced was sunk or destroyed, the vessel owner must have owned the vessel
being replaced at the time it sunk or was destroyed; or, if the vessel being
replaced was sold to another person, the vessel owner must provide a copy of a
written agreement between the buyer of the vessel being replaced and the
owner/seller of the vessel, documenting that the vessel owner/seller retained
the herring permit and all herring landings history.
(2) Landings criteria for the Category A Herring Permit —
(i)

The vessel must have landed at least 500 mt of herring in any one calendar year
between January 1, 1993, and December 31, 2003, as verified by dealer reports
submitted to NMFS or documented through valid dealer receipts, if dealer
reports were not required by NMFS. In those cases where a vessel has sold
herring but there are no required dealer receipts, e.g., transfers of bait at sea
and border transfers, the vessel owner can submit other documentation that
documents such transactions and proves that the herring thus transferred
should be added to their landings history. The owners of vessels that fished in
pair trawl operations may provide landings information as specified in
paragraph (a)(10)(iv)(B)(2)(iii) of this section. Landings made by a vessel that is
being replaced may be used to qualify a replacement vessel consistent with the
requirements specified in paragraph (a)(10)(iv)(B)(1)(ii) of this section and the
permit splitting prohibitions in paragraph (a)(10)(iv)(N) of this section.

(ii) Extension of eligibility period for landings criteria for vessels under construction,
reconstruction, or purchase contract. An applicant who submits written evidence
that a vessel was under construction, reconstruction, or was under written
contract for purchase as of December 31, 2003, may extend the period for
determining landings specified in paragraph (a)(10)(iv)(B)(2)(i) of this section
through December 31, 2004.
(iii) Landings criteria for vessels using landings from pair trawl operations. To
qualify for a limited access permit using landings from pair trawl operations, the
owners of the vessels engaged in that operation must agree on how to divide
such landings between the two vessels and apply for the permit jointly, as
verified by dealer reports submitted to NMFS or valid dealer receipts, if dealer
reports were not required by NMFS.
(3) Landings criteria for the Category B Herring Permit.
(i)

The vessel must have landed at least 250 mt of herring in any one calendar year
between January 1, 1993, and December 31, 2003, as verified by dealer reports
submitted to NMFS or documented through valid dealer receipts, if dealer
reports were not required by NMFS. In those cases where a vessel has sold
herring but there are no required dealer receipts, e.g., transfers of bait at sea
and border transfers, the vessel owner can submit other documentation that
documents such transactions and proves that the herring thus transferred
should be added to their landings history. The owners of vessels that fished in
pair trawl operations may provide landings information as specified in
paragraph (a)(10)(iv)(B)(2)(iii) of this section. Landings made by a vessel that is

50 CFR 648.4(a)(10)(iv)(B)(3)(i) (enhanced display)

page 56 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(10)(iv)(B)(3)(ii)

being replaced may be used to qualify a replacement vessel consistent with the
requirements specified in paragraph (a)(10)(iv)(B)(1)(ii) of this section and the
permit splitting prohibitions in paragraph (a)(10)(iv)(N) of this section.
(ii) Extension of eligibility period for landings criteria for vessels under construction,
reconstruction or purchase contract. An applicant who submits written evidence
that a vessel was under construction, reconstruction, or was under written
contract for purchase as of December 31, 2003, may extend the period for
determining landings specified in paragraph (a)(10)(iv)(B)(3)(i) of this section
through December 31, 2004.
(iii) Landings criteria for vessels using landings from pair trawl operations. See
paragraph (a)(10)(iv)(B)(2)(iii) of this section.
(4) CPH. A person who does not currently own a fishing vessel, but owned a vessel that
satisfies the permit eligibility requirements in paragraph (a)(10)(iv)(B) of this section
that has sunk, been destroyed, or transferred to another person, but that has not been
replaced, may apply for and receive a CPH that allows for a replacement vessel to
obtain the relevant limited access herring permit if the fishing and permit history of
such vessel has been retained lawfully by the applicant as specified in paragraph
(a)(10)(iv)(B)(1)(ii) of this section and consistent with (a)(10)(iv)(N) of this section.
(C) Eligibility for Category C Herring Permit, and CPH. A vessel is eligible for and may be issued
a Category C Herring Permit if it meets the permit history criteria specified in paragraph
(a)(10)(iv)(C)(1) of this section and the landings criteria in paragraph (a)(10)(iv)(C)(2) of
this section.
(1) Permit history criteria.
(i)

The vessel must have been issued a Federal permit for Northeast multispecies,
Atlantic mackerel, Atlantic herring, longfin or Illex squid, or butterfish that was
valid as of November 10, 2005; or

(ii) The vessel is replacing a vessel that was issued a Federal permit for Northeast
multispecies, Atlantic mackerel, Atlantic herring, longfin or Illex squid, or
butterfish that was issued between November 10, 2003, and November 9, 2005.
To qualify as a replacement vessel, the replacement vessel and the vessel being
replaced must both be owned by the same vessel owner; or, if the vessel being
replaced was sunk or destroyed, the vessel owner must have owned the vessel
being replaced at the time it sunk or was destroyed; or, if the vessel being
replaced was sold to another person, the vessel owner must provide a copy of a
written agreement between the buyer of the vessel being replaced and the
owner/seller of the vessel, documenting that the vessel owner/seller retained
the herring permit and all herring landings history.
(2) Landings criteria for Category C Herring Permit.
(i)

The vessel must have landed at least 15 mt of herring in any calendar year
between January 1, 1988, and December 31, 2003, as verified by dealer reports
submitted to NMFS or documented through valid dealer receipts, if dealer
reports were not required by NMFS. In those cases where a vessel has sold
herring but there are no required dealer receipts, e.g., transfers of bait at sea

50 CFR 648.4(a)(10)(iv)(C)(2)(i) (enhanced display)

page 57 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(10)(iv)(C)(2)(ii)

and border transfers, the vessel owner can submit other documentation that
documents such transactions and proves that the herring thus transferred
should be added to the vessel's landings history. The owners of vessels that
fished in pair trawl operations may provide landings information as specified in
paragraph (a)(10)(iv)(B)(2)(iii) of this section. Landings made by a vessel that is
being replaced may be used to qualify a replacement vessel consistent with the
requirements specified in paragraph (a)(10)(iv)(B)(1)(ii) of this section and the
permit splitting prohibitions in paragraph (a)(10)(iv)(N) of this section.
(ii) Extension of eligibility period for landings criteria for vessels under construction,
reconstruction or purchase contract. An applicant who submits written evidence
that a vessel was under construction, reconstruction, or was under written
contract for purchase as of December 31, 2003, may extend the period for
determining landings specified in paragraph (a)(10)(iv)(C)(2)(i) of this section
through December 31, 2004.
(3) CPH. A person who does not currently own a fishing vessel, but owned a vessel that
satisfies the permit eligibility requirements in paragraph (a)(10)(iv)(C) of this section
that has sunk, been destroyed, or transferred to another person, but that has not been
replaced, may apply for and receive a CPH that allows for a replacement vessel to
obtain the relevant limited access herring permit if the fishing and permit history of
such vessel has been retained lawfully by the applicant as specified in paragraph
(a)(10)(iv)(B)(1)(ii) of this section and consistent with (a)(10)(iv)(N) of this section.
(D) Application/renewal restrictions.
(1) No one may apply for an initial limited access Atlantic herring permit or a CPH under
paragraph (a)(10)(iv)(L) of this section after May 31, 2008, or after the abandonment
or voluntary relinquishment of permit history as specified in paragraph (a)(10)(iv)(M)
of this section.
(2) An applicant who submits written proof that an eligible vessel was sold, with the
seller retaining the herring history through a written agreement signed by both
parties to the sale or transfer, may not utilize such history if the vessel's history was
used to qualify another vessel for another limited access permit.
(3) All limited access permits established under this section must be issued on an
annual basis by April 30, the last day of the year for which the permit is issued,
unless a CPH has been issued as specified in paragraph (a)(10)(iv)(L) of this section.
Application for such permits must be received no later than March 31, which is 30
days before the last day of the permit year. Failure to renew a limited access permit
in any fishing year bars the renewal of the permit in subsequent years.
(E) Qualification restriction. See paragraph (a)(1)(i)(C) of this section.
(F) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
(G) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
(H) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
(I)

Consolidation restriction. See paragraph (a)(1)(i)(G) of this section.

50 CFR 648.4(a)(10)(iv)(I) (enhanced display)

page 58 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(10)(iv)(J)

(J) Vessel baseline specifications. See paragraph (a)(1)(i)(H) of this section. If a herring CPH
is initially issued, the vessel that provided the CPH eligibility establishes the size baseline
against which future vessel size limitations shall be evaluated.
(K) Limited access permit restrictions. [Reserved]
(L) Confirmation of Permit History. See paragraph (a)(1)(i)(J) of this section.
(M) Abandonment or voluntary relinquishment of permits. See paragraph (a)(1)(i)(K) of this
section.
(N) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of this section. Notwithstanding
paragraph (a)(1)(i)(L), vessel owners applying for a limited access herring permit who sold
vessels with limited access permits and retained the herring history before applying for
the initial limited access herring permit may not use the herring history to qualify a vessel
for the initial limited access herring permit, if the issuance of such permit would violate
the restrictions on permit splitting. Furthermore, notwithstanding paragraph (a)(1)(i)(L), for
the purposes of the Atlantic herring fishery, herrings landings history generated by
separate owners of a single vessel at different times may be used the qualify more than
one vessel, provided that each owner applying for a limited access permit, demonstrates
that he/she created distinct fishing histories, and that such histories have been retained.
(O) Appeal of denial of permit —
(1) Eligibility. Any applicant eligible to apply for a limited access herring permit who is
denied such permit may appeal the denial to the Regional Administrator within 30
days of the notice of denial. Any such appeal may only be based on the grounds that
the information used by the Regional Administrator was based on incorrect data. The
appeal must be in writing, and must state the specific grounds for the appeal.
(2) Appeal review. The Regional Administrator shall appoint a designee who shall make
the initial decision on the appeal. The appellant may request a review of the initial
decision by the Regional Administrator by so requesting in writing within 30 days of
the notice of the initial decision. If the appellant does not request a review of the
initial decision within 30 days, the initial decision is the final administrative action of
the Department of Commerce. Such review will be conducted by a hearing officer
appointed by the Regional Administrator. The hearing officer shall make findings and
a recommendation to the Regional Administrator, which shall be advisory only. Upon
receiving the findings and the recommendation, the Regional Administrator shall
issue a final decision on the appeal. The Regional Administrator's decision is the final
administrative action of the Department of Commerce.
(3) Status of vessels pending appeal. A vessel denied a limited access herring permit
may fish under the limited access herring permit, provided that the denial has been
appealed, the appeal is pending, and the vessel has on board a letter from the
Regional Administrator authorizing the vessel to fish under the limited access
category. The Regional Administrator shall issue such a letter for the pendency of
any appeal. The letter of authorization must be carried on board the vessel. If the
appeal is finally denied, the Regional Administrator shall send a notice of final denial
to the vessel owner; the authorizing letter becomes invalid 5 days after receipt of the
notice of denial, but no later than 10 days from the date of the letter of denial.
50 CFR 648.4(a)(10)(iv)(O)(3) (enhanced display)

page 59 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(10)(v)

(v) Open access herring permits. A vessel that has not been issued a limited access herring permit
may obtain:
(A) A Category D Herring Permit (All Areas Open Access Herring Permit) to possess up to 6,600
lb (3 mt) of herring per trip from all herring management areas, limited to one landing per
calendar day; and/or
(B) A Category E Herring Permit (Areas 2/3 Open Access Herring Permit) to possess up to
20,000 lb (9 mt) of herring per trip from Herring Management Areas 2 and 3, limited to one
landing per calendar day, provided the vessel has also been issued a Limited Access
Atlantic Mackerel permit, as defined at § 648.4(a)(5)(iii).
(11) Spiny dogfish vessels. Any vessel of the United States that commercially fishes for, possesses, or
lands spiny dogfish in or from the EEZ must have been issued and carry on board a valid commercial
spiny dogfish vessel permit.
(12) Tilefish vessels —
(i)

Commercial vessel permits. Any vessel of the United States must have been issued, under this
part, and carry on board, a valid commercial vessel permit to fish for, possess, or land golden
tilefish or blueline tilefish for a commercial purpose, in or from the Tilefish Management Unit.
(A) A commercial vessel must fish under the authorization of a golden tilefish IFQ allocation
permit, issued pursuant to § 648.294, to possess, or land golden tilefish in excess of the
trip limit as specified under § 648.295(a).
(B) [Reserved]

(ii) Party and charter vessel permits. Any party or charter vessel must have been issued, under this
part, a Federal charter/party vessel permit to fish for either golden tilefish or blueline tilefish in
the Tilefish Management Unit, if it carries passengers for hire. Such vessel must observe the
recreational possession limits as specified at § 648.296 and the prohibition on sale.
(iii) Private recreational vessel permits. Any private recreational vessel must have been issued,
under this part, a Federal recreational tilefish vessel permit to fish for, possess, or land either
golden tilefish or blueline tilefish in the Tilefish Management Unit. Such vessel must observe
the recreational possession limits as specified at § 648.296 and the prohibition on sale.
(13) Red Crab vessels. Any vessel of the United States must have been issued and have on board a valid
red crab vessel permit to fish for, catch, possess, transport, land, sell, trade, or barter, any red crab or
red crab part in or from the EEZ portion of the Red Crab Management Unit.
(i)

Limited access red crab permit —
(A) Eligibility. Any vessel of the United States that possesses or lands more than the incidental
amount of red crab, as specified in § 648.263(b), per red crab trip must have been issued
and carry on board a valid limited access red crab permit.
(B) Application/renewal restrictions. The provisions of paragraph (a)(1)(i)(B) of this section
apply.
(C) Qualification restrictions. The provisions of paragraph (a)(1)(i)(C) of this section apply.
(D) Change in ownership. The provisions of paragraph (a)(1)(i)(D) of this section apply.

50 CFR 648.4(a)(13)(i)(D) (enhanced display)

page 60 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(13)(i)(E)

(E) Replacement vessels.
(1) To be eligible for a limited access permit under this section, the replacement vessel's
length overall may not exceed the vessel's baseline length overall by more than 10
percent. The replacement vessel must also meet any other applicable criteria under
paragraph (a)(13)(i)(F) of this section.
(2) A vessel that lawfully replaced a vessel that meets the qualification criteria set forth
in paragraph (a)(13)(i)(A) of this section may qualify for and fish under the permit
category for which the replaced vessel qualified.
(F) Upgraded vessel. A vessel may be upgraded, whether through refitting or replacement, and
be eligible to retain or renew a limited access permit, provided that the new length overall
of the upgraded vessel does exceed the vessel's baseline length overall by more than 10
percent, as applicable.
(G) Consolidation restriction. The provisions of paragraph (a)(1)(i)(G) of this section apply.
(H) Vessel baseline length. The vessel baseline length in this section is the overall length of the
vessel indicated on the vessel's initial limited access permit as of the date the initial
vessel applies for such permit.
(I)

Limited access permit restrictions. A vessel issued a limited access red crab permit may
not be issued a red crab incidental catch permit during the same fishing year.

(J) Confirmation of permit history (CPH). Notwithstanding any other provisions of this part, a
person who does not currently own a fishing vessel, but who has owned a qualifying
vessel that has sunk, been destroyed, or transferred to another person and has not been
replaced, must apply for and receive a CPH that confirms the fishing and permit history of
such vessel has been retained lawfully by the applicant. To be eligible to obtain a CPH, the
applicant must show that the qualifying vessel met the eligibility requirements, as
applicable, in this part. Issuance of a valid CPH preserves the eligibility of the applicant to
apply for a limited access permit for a replacement vessel based on the qualifying vessel's
fishing and permit history at a subsequent time, subject to the replacement provisions
specified in this section. If fishing privileges have been assigned or allocated previously
under this part, based on the qualifying vessel's fishing and permit history, the CPH
preserves such fishing privileges. A CPH must be applied for in order for the applicant to
preserve the fishing rights and limited access eligibility of the qualifying vessel. An
application for a CPH must be received by the Regional Administrator no later than 30
days prior to the end of the first full fishing year in which a vessel permit cannot be issued.
Failure to do so is considered abandonment of the permit as described in paragraph
(a)(1)(i)(K) of this section. A CPH issued under this part will remain valid until the fishing
and permit history preserved by the CPH is used to qualify a replacement vessel for a
limited access permit. Any decision regarding the issuance of a CPH for a qualifying
vessel that has applied for or been issued previously a limited access permit is a final
agency action subject to judicial review under 5 U.S.C. 704. Information requirements for
the CPH application are the same as those for a limited access permit. Any request for
information about the vessel on the CPH application form refers to the qualifying vessel

50 CFR 648.4(a)(13)(i)(J) (enhanced display)

page 61 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(a)(13)(i)(K)

that has been sunk, destroyed, or transferred. Vessel permit applicants who have been
issued a CPH and who wish to obtain a vessel permit for a replacement vessel based
upon the previous vessel history may do so pursuant to paragraph (a)(13)(i)(E) of this
section.
(K) Abandonment or voluntary relinquishment of permits. The provisions of paragraph
(a)(1)(i)(K) of this section apply.
(L) Restriction on permit splitting. The provisions of paragraph (a)(1)(i)(L) of this section
apply.
(ii) Red crab incidental catch permit. A vessel of the United States that is subject to these
regulations and that has not been issued a red crab limited access permit is eligible for and
may be issued a red crab incidental catch permit to catch, possess, transport, land, sell, trade,
barter, up to 500 lb (226.8 kg) of red crab, or its equivalent as specified at § 648.263(a)(2)(i)
and (ii), per fishing trip in or from the Red Crab Management Unit. Such vessel is subject to the
restrictions in § 648.263(b).
(14) Skate vessels. Any vessel of the United States must have been issued and have on board a valid
skate vessel permit to fish for, possess, transport, sell, or land skates in or from the EEZ portion of
the Skate Management Unit.
(15) Mid-Atlantic forage species. Any commercial fishing vessel of the United States must have been
issued and have on board a valid Federal commercial vessel permit issued by GARFO pursuant to
this section to fish for, possess, transport, sell, or land Mid-Atlantic forage species in or from the EEZ
portion of the Mid-Atlantic Forage Species Management Unit, as defined at § 648.351(b). A vessel
that fishes for such species exclusively in state waters is not required to be issued a Federal permit.
(b) Permit conditions.
(1)
(i)

Any person who applies for and is issued or renews a fishing permit under this section agrees,
as a condition of the permit, that the vessel and the vessel's fishing activity, catch, and pertinent
gear (without regard to whether such fishing occurs in the EEZ or landward of the EEZ; and
without regard to where such fish or gear are possessed, taken, or landed); are subject to all
requirements of this part, unless exempted from such requirements under this part. All such
fishing activities, catch, and gear will remain subject to all applicable state requirements.
Except as otherwise provided in this part, if a requirement of this part and a management
measure required by a state or local law differ, any vessel owner permitted to fish in the EEZ for
any species managed under this part, except tilefish, must comply with the more restrictive
requirement. Except as otherwise provided in this part, if a requirement of this part and a
management measure required by a state or local law differ, any vessel owner permitted to fish
in the tilefish management unit for tilefish managed under this part must comply with the more
restrictive requirement. Owners and operators of vessels fishing under the terms of a summer
flounder moratorium, scup moratorium, or black sea bass moratorium; or a spiny dogfish or
bluefish commercial vessel permit, must also agree not to land summer flounder, scup, black
sea bass, spiny dogfish, or bluefish, respectively, in any state after NMFS has published a
notification in the FEDERAL REGISTER stating that the commercial quota for that state or period
has been harvested and that no commercial quota is available for the respective species. A
state not receiving an allocation of summer flounder, scup, black sea bass, or bluefish, either
directly or through a coast-wide allocation, is deemed to have no commercial quota available.

50 CFR 648.4(b)(1)(i) (enhanced display)

page 62 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(b)(1)(ii)

Owners and operators of vessels fishing under the terms of the tilefish commercial permit must
agree not to land golden tilefish or blueline tilefish after NMFS has published a notification in
the FEDERAL REGISTER stating that the respective quota for the golden tilefish incidental fishery
and/or the commercial blueline tilefish fishery has been harvested, as described in § 648.295,
unless landing golden tilefish authorized under a golden tilefish IFQ allocation permit. Owners
or operators fishing for surfclams and ocean quahogs within waters under the jurisdiction of
any state that requires cage tags are not subject to any conflicting Federal minimum size or
tagging requirements. If a surfclam and ocean quahog requirement of this part differs from a
surfclam and ocean quahog management measure required by a state that does not require
cage tagging, any vessel owners or operators permitted to fish in the EEZ for surfclams and
ocean quahogs must comply with the more restrictive requirement while fishing in state waters.
However, surrender of a surfclam and ocean quahog vessel permit by the owner by certified
mail addressed to the Regional Administrator allows an individual to comply with the less
restrictive state minimum size requirement, as long as fishing is conducted exclusively within
state waters.
(ii) Any person who applies for or has been issued a limited access or moratorium permit on or
after September 4, 2007 agrees, as a condition of the permit, that the vessel may not fish for,
catch, possess, or land, in or from Federal or state waters, any species of fish authorized by the
permit, unless and until the permit has been issued or renewed in any subsequent permit year,
or the permit either has been voluntarily relinquished pursuant to paragraph (a)(1)(i)(K) of this
section or otherwise forfeited, revoked, or transferred from the vessel.
(2) A vessel that is issued or renewed a limited access or moratorium permit on or after September 4,
2007 for any fishery governed under this section is prohibited from fishing for, catching, possessing,
and/or landing any fish for which the vessel would be authorized under the respective limited access
or moratorium permit in or from state and/or Federal waters in any subsequent permit year, unless
and until the limited access or moratorium permit has been issued or renewed pursuant to
paragraph (a)(1)(i)(B) of this section and the valid permit is on board the vessel. This prohibition
does not apply to a vessel for which the limited access or moratorium permit has been voluntarily
relinquished pursuant to paragraph (a)(1)(i)(K) of this section or otherwise forfeited, revoked, or
transferred from the vessel.
(c) Permit applications —
(1) General. Applicants for a permit under this section must submit a completed application on an
appropriate form obtained from the Regional Administrator. The application must be signed and
submitted to the Regional Administrator at least 30 days before the date on which the applicant
desires to have the permit made effective. The Regional Administrator will notify the applicant of any
deficiency in the application pursuant to this section. Vessel owners who are eligible to apply for
limited access or moratorium permits under this part shall provide information with the application
sufficient for the Regional Administrator to determine whether the vessel meets the applicable
eligibility requirements specified in this section.
(2) Vessel permit information requirements.
(i)

An application for a permit issued under this section, in addition to the information specified in
paragraph (c)(1) of this section, also must contain at least the following information, and any
other information required by the Regional Administrator: Vessel name, owner name or name of
the owner's authorized representative, mailing address, and telephone number; USCG
documentation number and a copy of the vessel's current USCG documentation or, for a vessel

50 CFR 648.4(c)(2)(i) (enhanced display)

page 63 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(c)(2)(i)(A)

not required to be documented under title 46 U.S.C., the vessel's state registration number and
a copy of the current state registration; a copy of the vessel's current party/charter boat license
(if applicable); home port and principal port of landing, length overall, GRT, NT, engine
horsepower, year the vessel was built, type of construction, type of propulsion, approximate fish
hold capacity, type of fishing gear used by the vessel, number of crew, number of party or
charter passengers licensed to be carried (if applicable), permit category; if the owner is a
corporation, a copy of the current Certificate of Incorporation or other corporate papers
showing the date of incorporation and the names of the current officers of the corporation, and
the names and addresses of all persons holding any ownership interest in a NE multispecies
permit or CPH or shareholders owning 25 percent or more of the corporation's shares for other
fishery permits; if the owner is a partnership, a copy of the current Partnership Agreement and
the names and addresses of all partners; permit number of any current or, if expired, previous
Federal fishery permit issued to the vessel.
(A) An application for a private recreational tilefish permit issued under this section, in
addition to the information specified in paragraph (c)(1) of this section, also must contain
at least the following information, and any other information required by the Regional
Administrator: Vessel name, owner name or name of the owner's authorized
representative; mailing address and telephone number; USCG documentation number and
a copy of the vessel's current USCG documentation or, for a vessel not required to be
documented under title 46 U.S.C., the vessel's state registration number and a copy of the
current state registration.
(B) [Reserved]
(ii) An application for an initial limited access multispecies hook-gear permit must also contain the
following information:
(A) If the engine horsepower was changed or a contract to change the engine horsepower had
been entered into prior to July 1, 1996, such that it is different from that stated in the
vessel's most recent application for a Federal fisheries permit before July 1, 1996,
sufficient documentation to ascertain the different engine horsepower. However, the
engine replacement must be completed within 1 year of the date on which the contract
was signed.
(B) If the length, GRT, or NT was changed or a contract to change the length, GRT, or NT had
been entered into prior to July 1, 1996, such that it is different from that stated in the
vessel's most recent application for a Federal fisheries permit, sufficient documentation to
ascertain the different length, GRT, or NT. However, the upgrade must be completed within
1 year from the date on which the contract was signed.
(iii) An application for a limited access NE multispecies permit must also contain the following
information:
(A) For vessels fishing for NE multispecies with gillnet gear, with the exception of vessels
fishing under the Small Vessel permit category, an annual declaration as either a Day or
Trip gillnet vessel designation as described in § 648.82(j). A vessel owner electing a Day
gillnet designation must indicate the number of gillnet tags that he/she is requesting, and
must include a check for the cost of the tags, unless the vessel already possesses valid
gillnet tags, as identified by the Regional Administrator. A permit holder letter will be sent
to the owner of each eligible gillnet vessel, informing him/her of the costs associated with
50 CFR 648.4(c)(2)(iii)(A) (enhanced display)

page 64 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(c)(2)(iii)(B)

this tagging requirement and providing directions for obtaining valid tags. Once a vessel
owner has elected this designation, he/she may not change the designation or fish under
the other gillnet category for the remainder of the fishing year. Incomplete applications, as
described in paragraph (e) of this section, will be considered incomplete only for the
purposes of obtaining authorization to fish in the NE multispecies gillnet fishery and
otherwise will be processed or issued without a gillnet authorization.
(B)—(C) [Reserved]
(iv) An application for a scallop permit must also contain the following information:
(A) For every person named by applicants for limited access scallop permits pursuant to
paragraph (c)(2)(i) of this section, the names of all other vessels in which that person has
an ownership interest and for which a limited access scallop permit has been issued or
applied for.
(B) If applying for a VMS general scallop permit, or full-time or part-time limited access
scallop permit, or if opting to use a VMS unit, a copy of the vendor installation receipt or
proof of vendor activation of the VMS from a NMFS-approved VMS vendor. NMFSapproved vendors are described in § 648.9.
(C) If applying to fish under the small dredge program set forth under § 648.51(e), an annual
declaration into the program.
(v) An application for a surf clam and ocean quahog permit must also contain the pump
horsepower.
(vi) Prior to issuance of a limited access Atlantic herring permit, a VMS unit provided by a NMFSapproved vendor must be installed and NMFS must receive a notice from the vendor that the
VMS is activated.
(vii) The owner of a vessel that has been issued a Tier 1 or Tier 2 limited access Atlantic mackerel
must submit a volumetric fish hold certification measurement, as described in paragraph
(a)(5)(iii)(H) of this section, with the permit renewal application for the 2013 fishing year.
(viii) The owner of a vessel that has been issued a limited access Illex squid permit must submit a
volumetric hold certification measurement, as described paragraph (a)(5)(ii)(H) of this section,
otherwise the permit application for 2026 will be considered incomplete.
(ix) An application for limited access Illex squid and Tier 1 longfin squid permit must also contain
the primary vessel processing type for the coming fishing year.
(d) Fees. The Regional Administrator may charge a fee to recover administrative expenses of issuing a permit
required under this section. The amount of the fee is calculated in accordance with the procedures of the
NOAA Finance Handbook, available from the Regional Administrator, for determining administrative costs
of each special product or service. The fee may not exceed such costs and is specified with each
application form. The appropriate fee must accompany each application; if it does not, the application will
be considered incomplete for purposes of paragraph (e) of this section. Any fee paid by an insufficiently
funded commercial instrument shall render any permit issued on the basis thereof null and void.
(e) Issuance.

50 CFR 648.4(e) (enhanced display)

page 65 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(e)(1)

(1) Except as provided in subpart D of 15 CFR part 904, the Regional Administrator shall issue a permit
within 30 days of receipt of the application, unless the application is deemed incomplete for the
following reasons:
(i)

The applicant has failed to submit a complete application. An application is complete when all
requested forms, information, documentation, and fees, if applicable, have been received and
the applicant has submitted all applicable reports specified in § 648.7;

(ii) The application was not received by the Regional Administrator by the applicable deadline set
forth in this section;
(iii) The applicant and applicant's vessel failed to meet all applicable eligibility requirements set
forth in this section;
(iv) An applicant for a limited access multispecies combination vessel or individual DAS permit, a
limited access scallop permit (except an occasional scallop permit), an LAGC scallop permit, or
electing to use a VMS, has failed to meet all of the VMS requirements specified in §§ 648.9 and
648.10; or
(v) The applicant has failed to meet any other application requirements stated in this part.
(2) Incomplete applications. Upon receipt of an incomplete or improperly executed application for any
permit under this part, the Regional Administrator shall notify the applicant of the deficiency in the
application. If the applicant fails to correct the deficiency within 30 days following the date of
notification, the application will be considered abandoned.
(f) Change in permit information. Any change in the information specified in paragraphs (c)(2) or (c)(3) of this
section must be submitted by the applicant in writing to the Regional Administrator within 15 days of the
change, or the permit is void.
(g) Expiration. A permit expires upon the renewal date specified in the permit.
(h) Duration. A permit will continue in effect unless it is revoked, suspended, or modified under 15 CFR part
904, or otherwise expires, or ownership changes, or the applicant has failed to report any change in the
information on the permit application to the Regional Administrator as specified in paragraph (f) of this
section. However, the Regional Administrator may authorize the continuation of a permit if the new owner
so requests. Applications for permit continuations must be addressed to the Regional Administrator.
(i)

Alteration. Any permit that has been altered, erased, or mutilated is invalid.

(j)

Reissuance. A permit may be reissued by the Regional Administrator when requested in writing, stating
the need for reissuance, the name of the vessel (if applicable), and the fishing permit number assigned.
An application for the reissuance of a permit will not be considered a new application. The fee for a
reissued permit shall be the same as for an initial permit.

(k) Transfer. A permit issued under this part is not transferable or assignable. A permit will be valid only for
the fishing vessel, owner and/or person for which it is issued.
(l)

Display. A vessel permit must be carried, at all times, on board the vessel for which it is issued and shall
be subject to inspection upon request by any authorized officer. A person issued a permit under this
section must be able to present the permit for inspection when requested by an authorized officer.
Permits must be maintained in legible condition.

50 CFR 648.4(l) (enhanced display)

page 66 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.4(m)

(m) Sanctions. The Assistant Administrator may suspend, revoke, or modify, any permit issued or sought
under this section. Procedures governing enforcement-related permit sanctions or denials are found at
subpart D of 15 CFR part 904.
(n) Federal grant awards. The Regional Administrator may suspend, cancel, fail to renew, modify, or otherwise
rescind any Federal fishing vessel permit, issued pursuant to this section, including the rights thereto, held
by a person, corporation, non-profit organization, or government entity if the terms and conditions of any
Federal grant award used to obtain said permit, or an associated memorandum of understanding or
agreement, are violated by the grant recipient.
[61 FR 34968, July 3, 1996]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.4, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.5 Operator permits.
(a) General. Any operator of a vessel fishing for or possessing: Atlantic sea scallops, NE multispecies, spiny
dogfish, monkfish, Atlantic herring, Atlantic surfclam, ocean quahog, Atlantic mackerel, Illex squid, longfin
squid, butterfish, scup, black sea bass, or Atlantic bluefish, harvested in or from the EEZ; golden tilefish or
blueline tilefish harvested in or from the EEZ portion of the Tilefish Management Unit; skates harvested in
or from the EEZ portion of the Skate Management Unit; Atlantic deep-sea red crab harvested in or from
the EEZ portion of the Red Crab Management Unit; Mid-Atlantic forage species harvested in the MidAtlantic Forage Species Management Unit; or Atlantic chub mackerel harvested in or from the EEZ portion
of the Atlantic Chub Mackerel Management Unit that is issued a permit, including carrier and processing
permits, for these species under this part must have been issued under this section, and carry on board, a
valid operator permit. An operator's permit issued pursuant to part 622 or part 697 of this chapter
satisfies the permitting requirement of this section. This requirement does not apply to operators of
recreational vessels.
(b) Operator permit application. Applicants for a permit under this section must submit a completed
application on an appropriate form provided by the Regional Administrator. The application must be
signed by the applicant and submitted to the Regional Administrator at least 30 days before the date upon
which the applicant desires to have the permit made effective. The Regional Administrator will notify the
applicant of any deficiency in the application, pursuant to this section.
(c) Condition. Vessel operators who apply for an operator's permit under this section must agree as a
condition of this permit that the operator and vessel's fishing, catch, crew size, and pertinent gear (without
regard to whether such fishing occurs in the EEZ or landward of the EEZ, and without regard to where
such fish or gear are possessed, taken, or landed) are subject to all requirements of this part while fishing
in the EEZ or on board a vessel for which a permit is issued under § 648.4, unless exempted from such
requirements under § 648.12. The vessel and all such fishing, catch, and gear will remain subject to all
applicable state or local requirements. Further, such operators must agree, as a condition of this permit,
that, if the permit is suspended or revoked pursuant to 15 CFR part 904, the operator cannot be aboard
any fishing vessel issued a Federal fisheries permit or any vessel subject to Federal fishing regulations
while the vessel is at sea or engaged in offloading. If a requirement of this part and a management
measure required by state or local law differ, any operator issued a permit under this part must comply
with the more restrictive requirement.

50 CFR 648.5(c) (enhanced display)

page 67 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.5(d)

(d) Information requirements. An applicant must provide at least all the following information and any other
information required by the Regional Administrator: Name, mailing address, and telephone number; date
of birth; hair color; eye color; height; weight; and signature of the applicant. The applicant must also
provide two recent (no more than 1 year old), color, passport-size photographs.
(e) Fees. Same as § 648.4(d).
(f) Issuance. Except as provided in subpart D of 15 CFR part 904, the Regional Administrator shall issue an
operator's permit within 30 days of receipt of a completed application, if the criteria specified herein are
met. Upon receipt of an incomplete or improperly executed application, the Regional Administrator will
notify the applicant of the deficiency in the application. If the applicant fails to correct the deficiency
within 30 days following the date of notification, the application will be considered abandoned.
(g) Expiration. Same as § 648.4(g).
(h) Duration. A permit is valid until it is revoked, suspended or modified under 15 CFR part 904, or otherwise
expires, or the applicant has failed to report a change in the information on the permit application to the
Regional Administrator as specified in paragraph (k) of this section.
(i)

Reissuance. Reissued permits, for otherwise valid permits, may be issued by the Regional Administrator
when requested in writing by the applicant, stating the need for reissuance and the Federal operator
permit number assigned. An applicant for a reissued permit must also provide two recent, color, passportsize photos of the applicant. An application for a reissued permit will not be considered a new application.
An appropriate fee may be charged.

(j)

Transfer. Permits issued under this part are not transferable or assignable. A permit is valid only for the
person to whom it is issued.

(k) Change in permit application information. Notice of a change in the permit holder's name, address, or
telephone number must be submitted in writing to, and received by, the Regional Administrator within 15
days of the change in information. If written notice of the change in information is not received by the
Regional Administrator within 15 days, the permit is void.
(l)

Alteration. Same as § 648.4(i).

(m) Display. Any permit issued under this part must be maintained in legible condition and displayed for
inspection upon request by any authorized officer or NMFS official.
(n) Sanctions. Vessel operators with suspended or revoked permits may not be aboard a federally permitted
fishing vessel in any capacity while the vessel is at sea or engaged in offloading. Procedures governing
enforcement related permit sanctions and denials are found at subpart D of 15 CFR part 904.
(o) Vessel owner responsibility. Vessel owners are responsible for ensuring that their vessels are operated by
an individual with a valid operator's permit issued under this section.
[61 FR 34968, July 3, 1996]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.5, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.6 Dealer/processor permits.
(a) General.
50 CFR 648.6(a) (enhanced display)

page 68 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.6(a)(1)

(1) All dealers of NE multispecies, monkfish, skates, Atlantic herring, Atlantic sea scallop, Atlantic deepsea red crab, spiny dogfish, summer flounder, Atlantic surfclam, ocean quahog, Atlantic mackerel,
Illex squid, longfin squid, butterfish, scup, bluefish, golden tilefish, blueline tilefish, and black sea
bass; Atlantic surfclam and ocean quahog processors; Atlantic hagfish dealers and/or processors,
and Atlantic herring processors or dealers, as described in § 648.2; must have been issued under
this section, and have in their possession, a valid permit or permits for these species. A dealer of
Atlantic chub mackerel must have been issued and have in their possession, a valid dealer permit for
Atlantic mackerel, Illex squid, longfin squid, or butterfish in accordance with this paragraph. A dealer
of Mid-Atlantic forage species must have been issued and have in their possession, a valid dealer
permit for any species issued in accordance with this paragraph.
(2) At-sea processors —
(i)

At-sea mackerel processors. Notwithstanding the provisions of § 648.4(a)(5), any vessel of the
United States must have been issued and carry on board a valid at-sea processor permit issued
under this section to receive over the side, possess, and process Atlantic mackerel harvested in
or from the EEZ by a lawfully permitted vessel of the United States.

(ii) Atlantic herring at-sea processing permit. A vessel of the United States, including a vessel that is
>165 ft (50.3 m) length overall, or >750 GRT (680.4 mt), is eligible to obtain an Atlantic herring
at-sea processing permit to receive and process Atlantic herring subject to the U.S. at-sea
processing (USAP) allocation published by the Regional Administrator pursuant to § 648.200.
Such a vessel may not receive and process Atlantic herring caught in or from the EEZ unless
the vessel has been issued and has on board an Atlantic herring at-sea processing permit.
(iii) Reporting requirements. An at-sea processor receiving Atlantic mackerel or Atlantic herring is
subject to dealer reporting requirements specified in § 648.7(a).
(b) Dealer/processor permit applications. Same as § 648.5(b).
(c) Information requirements. Applications must contain at least the following information, as applicable, and
any other information required by the Regional Administrator: Company name, place(s) of business
(principal place of business if applying for a surfclam and ocean quahog permit), mailing address(es) and
telephone number(s), owner's name, dealer permit number (if a renewal), name and signature of the
person responsible for the truth and accuracy of the application, a copy of the certificate of incorporation
if the business is a corporation, and a copy of the partnership agreement and the names and addresses
of all partners, if the business is a partnership, name of at-sea processor vessel, and current vessel
documentation papers.
(d) Fees. Same as § 648.4(d).
(e) Issuance. Except as provided in subpart D of 15 CFR part 904, the Regional Administrator will issue a
permit at any time during the fishing year to an applicant, unless the applicant fails to submit a completed
application. An application is complete when all requested forms, information, and documentation have
been received and the applicant has submitted all applicable reports specified in § 648.7 during the 12
months immediately preceding the application. Upon receipt of an incomplete or improperly executed
application, the Regional Administrator will notify the applicant of the deficiency in the application. If the
applicant fails to correct the deficiency within 30 days following the date of notification, the application
will be considered abandoned.
(f) Expiration. Same as § 648.4(g).

50 CFR 648.6(f) (enhanced display)

page 69 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.6(g)

(g) Duration. A permit is valid until it is revoked, suspended, or modified under 15 CFR part 904, or otherwise
expires, or ownership changes, or the applicant has failed to report any change in the information on the
permit application to the Regional Administrator as required by paragraph (j) of this section.
(h) Reissuance. Reissued permits, for otherwise valid permits, may be issued by the Regional Administrator
when requested in writing by the applicant, stating the need for reissuance and the Federal dealer permit
number assigned. An application for a reissued permit will not be considered a new application. An
appropriate fee may be charged.
(i)

Transfer. Permits issued under this part are not transferable or assignable. A permit is valid only for the
person to whom, or other business entity to which, it is issued.

(j)

Change in application information. Same as § 648.5(k).

(k) Alteration. Same as § 648.4(i).
(l)

Display. Same as § 648.5(m).

(m) Federal versus state requirements. If a requirement of this part differs from a fisheries management
measure required by state law, any dealer issued a Federal dealer permit must comply with the more
restrictive requirement.
(n) Sanctions. Same as § 648.4(m).
[61 FR 34968, July 3, 1996]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.6, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.7 Recordkeeping and reporting requirements.
(a) Dealers.
(1) Federally permitted dealers, and any individual acting in the capacity of a dealer, must submit to the
Regional Administrator or to the official designee a detailed report of all fish purchased or received
for a commercial purpose, other than solely for transport on land, within the time period specified in
paragraph (f) of this section, by one of the available electronic reporting mechanisms approved by
NMFS, unless otherwise directed by the Regional Administrator. The following information, and any
other information required by the Regional Administrator, must be provided in each report:
(i)

Required information. All dealers issued a dealer permit under this part must provide: Dealer
name; dealer permit number; name and permit number or name and hull number (USCG
documentation number or state registration number, whichever is applicable) of vessel(s) from
which fish are purchased or received; trip identifier for each trip from which fish are purchased
or received from a commercial fishing vessel permitted under this part; date(s) of purchases
and receipts; units of measure and amount by species (by market category, if applicable); price
per unit by species (by market category, if applicable) or total value by species (by market
category, if applicable); port landed; cage tag numbers for surfclams and ocean quahogs, if
applicable; disposition of the seafood product; and any other information deemed necessary by
the Regional Administrator. If no fish are purchased or received during a reporting week, a
report so stating must be submitted.

50 CFR 648.7(a)(1)(i) (enhanced display)

page 70 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.7(a)(1)(ii)

(ii) Exceptions. The following exceptions apply to reporting requirements for dealers permitted
under this part:
(A) Inshore Exempted Species, as defined in § 648.2, are not required to be reported under this
part;
(B) When purchasing or receiving fish from a vessel landing in a port located outside of the
Greater Atlantic Region (Maine, New Hampshire, Massachusetts, Connecticut, Rhode
Island, New York, New Jersey, Pennsylvania, Maryland, Delaware, Virginia and North
Carolina), only purchases or receipts of species managed by the Greater Atlantic Region
under this part, and American lobster, managed under part 697 of this chapter, must be
reported. Other reporting requirements may apply to those species not managed by the
Northeast Region, which are not affected by this provision; and
(C) Dealers issued a permit for Atlantic bluefin tuna under part 635 of this chapter are not
required to report their purchases or receipts of Atlantic bluefin tuna under this part. Other
reporting requirements, as specified in § 635.5 of this chapter, apply to the receipt of
Atlantic bluefin tuna.
(2) System requirements. All persons required to submit reports under paragraph (a)(1) of this section
are required to have the capability to transmit data via the Internet. To ensure compatibility with the
reporting system and database, dealers are required to utilize a personal computer, in working
condition, that meets the minimum specifications identified by NMFS. The affected public will be
notified of the minimum specifications via a letter to all Federal dealer permit holders.
(3) Annual report. All persons issued a permit under this part are required to submit the following
information on an annual basis, on forms supplied by the Regional Administrator:
(i)

All dealers and processors issued a permit under this part must complete all sections of the
Annual Processed Products Report for all species that were processed during the previous
year. Reports must be submitted to the address supplied by the Regional Administrator.

(ii) Surfclam and ocean quahog processors and dealers whose plant processing capacities change
more than 10 percent during any year shall notify the Regional Administrator in writing within
10 days after the change.
(iii) Atlantic herring processors, including processing vessels, must complete and submit all
sections of the Annual Processed Products Report.
(iv) Atlantic hagfish processors must complete and submit all sections of the Annual Processed
Products Report.
(4) [Reserved]
(b) Vessel owners or operators —
(1) Fishing Vessel Trip Reports. The owner or operator of any vessel issued a valid permit or eligible to
renew a limited access permit under this part must maintain on board the vessel and submit an
accurate fishing log report for each fishing trip, regardless of species fished for or taken, by
electronic means. This report must be entered into and submitted through a software application
approved by NMFS.
(i)

Vessel owners or operators. At least the following information as applicable and any other
information required by the Regional Administrator must be provided:

50 CFR 648.7(b)(1)(i) (enhanced display)

page 71 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.7(b)(1)(i)(A)

(A) Vessel name;
(B) USCG documentation number (or state registration number, if undocumented);
(C) Permit number;
(D) Date/time sailed;
(E) Date/time landed;
(F) Trip type;
(G) Number of crew;
(H) Number of anglers (if a charter or party boat);
(I)

Gear fished;

(J) Quantity and size of gear;
(K) Mesh/ring size;
(L) Chart area fished;
(M) Average depth;
(N) Latitude/longitude;
(O) Total hauls per area fished;
(P) Average tow time duration;
(Q) Hail weight, in pounds (or count of individual fish, if a party or charter vessel), by species,
of all species, or parts of species, such as monkfish livers, landed or discarded; and, in the
case of skate discards, “small” (i.e., less than 23 inches (58.42 cm), total length) or “large”
(i.e., 23 inches (58.42 cm) or greater, total length) skates;
(R) Dealer permit number;
(S) Dealer name;
(T) Date sold, port and state landed; and
(U) Vessel operator's name, signature, and operator's permit number (if applicable).
(ii) Atlantic mackerel owners or operators. The owner or operator of a vessel issued a limited
access Atlantic mackerel permit must report catch (retained and discarded) of Atlantic
mackerel daily via VMS, unless exempted by the Regional Administrator. The report must
include at least the following information, and any other information required by the Regional
Administrator: Fishing Vessel Trip Report serial number; month, day, and year Atlantic mackerel
was caught; total pounds of Atlantic mackerel retained and total pounds of all fish retained.
Daily Atlantic mackerel VMS catch reports must be submitted in 24-hr intervals for each day
and must be submitted by 0900 hr on the following day. Reports are required even if Atlantic
mackerel caught that day have not yet been landed. This report does not exempt the owner or
operator from other applicable reporting requirements of this section.

50 CFR 648.7(b)(1)(ii) (enhanced display)

page 72 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.7(b)(1)(iii)

(iii) Surfclam and ocean quahog owners or operators. In addition to the information listed under
paragraph (b)(1)(i) of this section, the owner or operator of any vessel conducting any surfclam
or ocean quahog fishing operations in the ITQ program must provide at least the following
information and any other information required by the Regional Administrator:
(A) Total amount in bushels of surfclams and/or ocean quahogs taken;
(B) Price per bushel;
(C) Tag numbers from cages used; and
(D) Allocation permit number.
(iv) Private tilefish recreational vessel owners and operators. The owner or operator of any fishing
vessel that holds a Federal private recreational tilefish permit, must report for each recreational
trip fishing for or retaining blueline or golden tilefish in the Tilefish Management Unit. The
required Vessel Trip Report must be submitted by electronic means. This report must be
submitted through a NMFS-approved electronic reporting system within 24 hours of the trip
returning to port. The vessel operator may keep paper records while onboard and upload the
data after landing. The report must contain the following information:
(A) Vessel name;
(B) USCG documentation number (or state registration number, if undocumented);
(C) Permit number;
(D) Date/time sailed;
(E) Date/time landed;
(F) Trip type;
(G) Number of anglers;
(H) Species;
(I)

Gear fished;

(J) Quantity and size of gear;
(K) Soak time;
(L) Depth;
(M) Chart Area;
(N) Latitude/longitude where fishing occurred;
(O) Count of individual golden and blueline tilefish landed or discarded; and
(P) Port and state landed.
(2) IVR system reports —
(i)

Atlantic herring vessel owners or operators issued a Category D Herring Permit. The owner or
operator of a vessel issued a Category D Herring Permit to fish for herring must report catch
(retained and discarded) of herring via an IVR system for each week herring was caught, unless
exempted by the Regional Administrator. IVR reports are not required for weeks when no

50 CFR 648.7(b)(2)(i) (enhanced display)

page 73 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.7(b)(2)(ii)

herring was caught. The report shall include at least the following information, and any other
information required by the Regional Administrator: Vessel identification; week in which herring
are caught; management areas fished; and pounds retained and pounds discarded of herring
caught in each management area. The IVR reporting week begins on Sunday at 0001 hour (hr)
(12:01 a.m.) local time and ends Saturday at 2400 hr (12 midnight). Weekly Atlantic herring
catch reports must be submitted via the IVR system by midnight each Tuesday, eastern time,
for the previous week. Reports are required even if herring caught during the week has not yet
been landed. This report does not exempt the owner or operator from other applicable
reporting requirements of this section.
(ii) [Reserved]
(3) VMS Catch Reports —
(i)

Atlantic herring owners or operators issued a limited access permit or Category E Herring Permit.
The owner or operator of a vessel issued a limited access permit (i.e., Category A, B, or C) or
Category E Herring Permit to fish for herring must report catch (retained and discarded) of
herring daily via VMS, unless exempted by the Regional Administrator. The report shall include
at least the following information, and any other information required by the Regional
Administrator: Fishing Vessel Trip Report serial number; month and day herring was caught;
pounds retained for each herring management area; and pounds discarded for each herring
management area. Additionally, the owner or operator of a vessel issued a limited access
permit or Category E Herring Permit to fish for herring using midwater trawl or bottom trawl
gear must report daily via VMS the estimated total amount of all species retained (in pounds,
landed weight) by statistical area for use in tracking catch against catch caps (haddock, river
herring and shad) in the herring fishery. Daily Atlantic herring VMS catch reports must be
submitted in 24-hr intervals for each day and must be submitted by 0900 hr (9:00 a.m.) of the
following day. Reports are required even if herring caught that day has not yet been landed. This
report does not exempt the owner or operator from other applicable reporting requirements of
this section.
(A) The owner or operator of any vessel issued a limited access herring permit (i.e., Category
A, B, or C) or a Category E Herring Permit must submit a catch report via VMS each day,
regardless of how much herring is caught (including days when no herring is caught),
unless exempted from this requirement by the Regional Administrator.
(B) Atlantic herring VMS reports are not required from Atlantic herring carrier vessels.
(C) Reporting requirements for vessels transferring herring at sea. The owner or operator of a
vessel issued a limited access permit to fish for herring that transfers herring at sea must
comply with these requirements in addition to those specified at § 648.13(f).
(1) A vessel that transfers herring at sea to a vessel that receives it for personal use as
bait must report all transfers on the Fishing Vessel Trip Report.
(2) A vessel that transfers herring at sea to an authorized carrier vessel must report all
catch daily via VMS and must report all transfers on the Fishing Vessel Trip Report.
Each time the vessel transfers catch to the carrier vessel is defined as a trip for the
purposes of reporting requirements and possession allowances.

50 CFR 648.7(b)(3)(i)(C)(2) (enhanced display)

page 74 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.7(b)(3)(i)(C)(3)

(3) A vessel that transfers herring at sea to an at-sea processor must report all catch
daily via VMS and must report all transfers on the Fishing Vessel Trip Report. Each
time the vessel offloads to the at-sea processing vessel is defined as a trip for the
purposes of the reporting requirements and possession allowances. For each trip,
the vessel must submit a Fishing Vessel Trip Report and the at-sea processing vessel
must submit the detailed dealer report specified in paragraph (a)(1) of this section.
(4) A transfer between two vessels issued limited access permits requires each vessel to
submit a Fishing Vessel Trip Report, filled out as required by the LOA to transfer
herring at sea, and a daily VMS catch report for the amount of herring each vessel
catches.
(ii) Atlantic mackerel owners or operators. The owner or operator of a vessel issued a limited
access Atlantic mackerel permit must report catch (retained and discarded) of Atlantic
mackerel daily via VMS, unless exempted by the Regional Administrator. The report must
include at least the following information, and any other information required by the Regional
Administrator: Fishing Vessel Trip Report serial number; month, day, and year Atlantic mackerel
was caught; total pounds of Atlantic mackerel retained and total pounds of all fish retained.
Daily Atlantic mackerel VMS catch reports must be submitted in 24-hr intervals for each day
and must be submitted by 0900 hr on the following day. Reports are required even if Atlantic
mackerel caught that day have not yet been landed. This report does not exempt the owner or
operator from other applicable reporting requirements of this section.
(iii) Longfin squid moratorium permit owners or operators. The owner or operator of a vessel issued
a longfin squid moratorium permit must report catch (retained and discarded) of longfin squid
daily via VMS, unless exempted by the Regional Administrator. The report must include at least
the following information, and any other information required by the Regional Administrator:
Fishing Vessel Trip Report serial number; month, day, and year longfin squid was caught; total
pounds longfin squid retained and total pounds of all fish retained. Daily longfin squid VMS
catch reports must be submitted in 24-hr intervals for each day and must be submitted by 0900
hr on the following day. Reports are required even if longfin squid caught that day have not yet
been landed. This report does not exempt the owner or operator from other applicable
reporting requirements of this section.
(iv) Illex squid moratorium permit owners or operators. The owner or operator of a vessel issued an
Illex squid moratorium permit must report catch (retained and discarded of Illex squid daily via
VMS, unless exempted by the Regional Administrator. The report must include at least the
following information, and any other information required by the Regional Administrator:
Electronic Vessel Trip Report Trip Identifier; month, day, and year Illex squid was caught; total
pounds of Illex squid retained and total pounds of all fish retained. Daily Illex squid VMS catch
reports must be submitted in 24-hr intervals for each day and must be submitted by 0900 hr on
the following day. Reports are required even if Illex squid caught that day have not yet been
landed. This report does not exempt the owner or operator from other applicable reporting
requirements of this section.
(c) When to fill out a vessel trip report. Vessel trip reports required by paragraph (b)(1)(i) of this section must
be filled out with all required information, except for information not yet ascertainable, prior to entering
port. Information that may be considered unascertainable prior to entering port includes dealer name,

50 CFR 648.7(c) (enhanced display)

page 75 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.7(d)

dealer permit number, and date sold. Vessel trip reports must be completed as soon as the information
becomes available. Vessel trip reports required by paragraph (b)(1)(iii) of this section must be filled out
before landing any surfclams or ocean quahogs.
(d) Inspection. Upon the request of an authorized officer or an employee of NMFS designated by the Regional
Administrator to make such inspections, all persons required to submit reports under this part must make
immediately available for inspection reports, and all records upon which those reports are or will be
based, that are required to be submitted or kept under this part.
(e) Record retention —
(1) Dealer records. Any record, as defined in § 648.2, related to fish possessed, received, or purchased by
a dealer that is required to be reported, must be retained and made available for immediate review
for a total of 3 years after the date the fish were first possessed, received, or purchased. Dealers
must retain the required records and reports at their principal place of business.
(2) [Reserved]
(f) Submitting reports —
(1) Dealer or processor reports.
(i)

Detailed reports required by paragraph (a)(1)(i) of this section must be received by midnight of
the first Tuesday following the end of the reporting week. If no fish are purchased or received
during a reporting week, the report so stating required under paragraph (a)(1)(i) of this section
must be received by midnight of the first Tuesday following the end of the reporting week.

(ii) From July 15 through December 31, dealer or processor reports documenting Illex squid
landings greater than 10,000 pounds (4.5 mt) must be received with 48 hours of landing.
(iii) Dealers who want to make corrections to their trip-level reports via the electronic editing
features may do so for up to 3 business days following submission of the initial report. If a
correction is needed more than 3 business days following the submission of the initial trip-level
report, the dealer must contact NMFS directly to request an extension of time to make the
correction.
(iv) Through April 30, 2005, to accommodate the potential lag in availability of some required data,
the trip identifier, price and disposition information required under paragraph (a)(1) may be
submitted after the detailed weekly report, but must be received within 16 days of the end of
the reporting week or the end of the calendar month, whichever is later. Dealers will be able to
access and update previously submitted trip identifier, price, and disposition data.
(v) Effective May 1, 2005, the trip identifier required under paragraph (a)(1) of this section must be
submitted with the detailed report, as required under paragraphs (f)(1)(i) of this section. Price
and disposition information may be submitted after the initial detailed report, but must be
received within 16 days of the end of the reporting week.
(vi) Annual reports for a calendar year must be postmarked or received by February 10 of the
following year. Contact the Regional Administrator (see Table 1 to § 600.502) for the address of
NMFS Statistics.
(2) Fishing vessel trip reports —

50 CFR 648.7(f)(2) (enhanced display)

page 76 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.7(f)(2)(i)

Timing requirements. For any vessel issued a valid commercial or charter/party permit, or
eligible to renew a limited access permit under this part, fishing vessel trip reports, required by
paragraph (b)(1) of this section, must be submitted within 48 hours at the conclusion of a trip.

(ii) Commercial trips. For the purposes of paragraph (f)(2) of this section, the date when fish are
offloaded from a commercial vessel will establish the conclusion of a commercial trip.
(iii) Charter/party trips. For the purposes of paragraph (f)(2) of this section, the date a charter/party
vessel enters port will establish the conclusion of a for-hire trip.
(iv) Private recreational tilefish trips. Private recreational tilefish electronic log reports, required by
paragraph (b)(1)(iv) of this section, must be submitted within 24 hours after entering port at the
conclusion of a trip.
(3) At-sea purchasers and processors. With the exception of the owner or operator of an Atlantic herring
carrier vessel, the owner or operator of an at-sea purchaser or processor that purchases or
processes any Atlantic herring, Atlantic mackerel, squid, butterfish, scup, or black sea bass at sea
must submit information identical to that required by paragraph (a)(1) of this section and provide
those reports to the Regional Administrator or designee by the same mechanism and on the same
frequency basis.
(g) Additional data and sampling. Federally permitted dealers must allow access to their premises and make
available to an official designee of the Regional Administrator any fish purchased from vessels for the
collection of biological data. Such data include, but are not limited to, length measurements of fish and
the collection of age structures such as otoliths or scales.
(h) At-sea monitor/electronic monitoring reports. Any at-sea monitor assigned to observe a sector trip and any
third-party service provider analyzing data from electronic monitoring equipment deployed on a sector trip
must submit reports on catch, discard, and other data elements specified by the Regional Administrator
to NMFS, the sector manager, and monitoring contractor, as instructed by the Regional Administrator.
[61 FR 34968, July 3, 1996]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.7, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.8 Vessel identification.
(a) Vessel name and official number. Each fishing vessel subject to this part and over 25 ft (7.6 m) in
registered length must:
(1) Affix permanently its name on the port and starboard sides of the bow and, if possible, on its stern.
(2) Display its official number on the port and starboard sides of the deckhouse or hull, and on an
appropriate weather deck so as to be clearly visible from enforcement vessels and aircraft. The
official number is the USCG documentation number or the vessel's state registration number for
vessels not required to be documented under title 46 U.S.C.

50 CFR 648.8(a)(2) (enhanced display)

page 77 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.8(b)

(b) Numerals. Except as provided in paragraph (d) of this section, the official number must be displayed in
block arabic numerals in contrasting color at least 18 inches (45.7 cm) in height for fishing vessels over
65 ft (19.8 m) in registered length, and at least 10 inches (25.4 cm) in height for all other vessels over 25
ft (7.6 m) in registered length. The registered length of a vessel, for purposes of this section, is that
registered length set forth in USCG or state records.
(c) Duties of owner. The owner of each vessel subject to this part shall ensure that—
(1) The vessel's name and official number are kept clearly legible and in good repair.
(2) No part of the vessel, its rigging, its fishing gear, or any other object obstructs the view of the official
number from any enforcement vessel or aircraft.
(d) Non-permanent marking. Vessels carrying recreational fishing parties on a per capita basis or by charter
must use markings that meet the above requirements, except for the requirement that they be affixed
permanently to the vessel. The non-permanent markings must be displayed in conformity with the above
requirements.
(e) New Jersey surfclam or ocean quahog vessels. Instead of complying with paragraph (a) of this section,
surfclam or ocean quahog vessels licensed under New Jersey law may use the appropriate vessel
identification markings established by that state.
(f) Private Recreational Tilefish Vessels. Vessels issued only a Federal private recreational tilefish permit are
not subject to the requirements of § 648.8, but must comply with any other applicable state or Federal
vessel identification requirements.
[61 FR 34968, July 3, 1996, as amended at 76 FR 60649, Sept. 29, 2011; 85 FR 43152, July 15, 2020]

§ 648.9 VMS vendor and unit requirements.
(a) Approval. The type-approval requirements for VMS MTUs and MCSPs for the Greater Atlantic Region are
those as published by the NMFS Office of Law Enforcement (OLE) in the FEDERAL REGISTER, and are
available upon request. Both the national type-approval requirements at 50 CFR part 600, subpart Q and
any established regional standards must be met in order to receive approval for use in the Greater Atlantic
Region. The NMFS OLE Director shall approve all MTUs, MCSPs, and bundles including those operating in
the Greater Atlantic Region.
(b) Maintenance. Once approved, VMS units must maintain the minimum standards for which they were
approved in the type approval requirements. Any changes made to the original submission for approval of
an MTU or MCSP by NMFS must follow the procedures outlined in the type approval requirements.
(c) Notification. A list of approved VMS vendors will be published on the Northeast Regional Office Web site
and in each proposed and final rule for implementing or modifying VMS requirements for specific
fisheries.
(d) Revocations. Revocation procedures for type-approvals are at 50 CFR 600.1514. In the event of a
revocation, NMFS will provide information to affected vessel owners as explained at 50 CFR 600.1516. In
these instances, vessel owners may be eligible for the reimbursement of the cost of a new type-approved
EMTU should funding for reimbursement be available.
[74 FR 20530, May 4, 2009, as amended at 79 FR 77410, Dec. 24, 2014]

50 CFR 648.9(d) (enhanced display)

page 78 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.10

§ 648.10 VMS and DAS requirements for vessel owners/operators.
(a) VMS Demarcation Line. The VMS Demarcation Line is defined by straight lines connecting the following
coordinates in the order stated (a copy of a map showing the line is available from the Regional
Administrator upon request):

VMS DEMARCATION LINE
Description

N. lat.

W. long.

1. Northern terminus point (Canada landmass)

45°03′

66°47′

2. A point east of West Quoddy Head Light

44°48.9′

66°56.1′

3. A point east of Little River Light

44°39.0′

67°10.5′

4. Whistle Buoy “8BI” (SSE of Baker Island)

44°13.6′

68°10.8′

5. Isle au Haut Light

44°03.9′

68°39.1′

6. A point south of Monhegan Island

43°43.3′

69°18.6′

7. Pemaquid Point Light

43°50.2′

69°30.4′

8. A point west of Halfway Rock

43°38.0′

70°05.0′

9. A point east of Cape Neddick Light

43°09.9′

70°34.5′

10. Merrimack River Entrance “MR” Whistle Buoy

42°48.6′

70°47.1′

11. Halibut Point Gong Buoy “1AHP”

42°42.0′

70°37.5′

12. Connecting reference point

42°40′

70°30′

13. Whistle Buoy “2” off Eastern Point

42°34.3′

70°39.8′

14. The Graves Light (Boston)

42°21.9′

70°52.2′

15. Minots Ledge Light

42°16.2′

70°45.6′

16. Farnham Rock Lighted Bell Buoy

42°05.6′

70°36.5′

17. Cape Cod Canal Bell Buoy “CC”

41°48.9′

70°27.7′

18. A point inside Cape Cod Bay

41°48.9′

70°05′

19. Race Point Lighted Bell Buoy “RP”

42°04.9′

70°16.8′

20. Peaked Hill Bar Whistle Buoy “2PH”

42°07.0′

70°06.2′

21. Connecting point, off Nauset Light

41°50′

69°53′

22. A point south of Chatham “C” Whistle Buoy

41°38′

69°55.2′

22. A point in eastern Vineyard Sound

41°30′

70°33′

24. A point east of Martha's Vineyard

41°22.2′

70°24.6′

25. A point east of Great Pt. Light, Nantucket

41°23.4′

69°57′

26. A point SE of Sankaty Head, Nantucket

41°13′

69°57′

27. A point west of Nantucket

41°15.6′

70°25.2′

28. Squibnocket Lighted Bell Buoy “1”

41°15.7′

70°46.3′

29. Wilbur Point (on Sconticut Neck)

41°35.2′

70°51.2′

30. Mishaum Point (on Smith Neck)

41°31.0′

70°57.2′

31. Sakonnet Entrance Lighted Whistle Buoy “SR”

41°25.7′

71°13.4′

32. Point Judith Lighted Whistle Buoy “2”

41°19.3′

71°28.6′

50 CFR 648.10(a) (enhanced display)

page 79 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Description

50 CFR 648.10(b)

N. lat.

W. long.

33. A point off Block Island Southeast Light

41°08.2′

71°32.1′

34. Shinnecock Inlet Lighted Whistle Buoy “SH”

40°49.0′

72°28.6′

35. Scotland Horn Buoy “S”, off Sandy Hook (NJ)

40°26.5′

73°55.0′

36. Barnegat Lighted Gong Buoy “2”

39°45.5′

73°59.5′

37. A point east of Atlantic City Light

39°21.9′

74°22.7′

38. A point east of Hereford Inlet Light

39°00.4′

74°46′

39. A point east of Cape Henlopen Light

38°47′

75°04′

40. A point east of Fenwick Island Light

38°27.1′

75°02′

41. A point NE of Assateague Island (VA)

38°00′

75°13′

42. Wachapreague Inlet Lighted Whistle Buoy “A”

37°35.0′

75°33.7′

43. A point NE of Cape Henry

36°55.6′

75°58.5′

44. A point east of Currituck Beach Light

36°22.6′

75°48′

45. Oregon Inlet (NC) Whistle Buoy

35°48.5′

75°30′

46. Wimble Shoals, east of Chicamacomico

35°36′

75°26′

47. A point SE of Cape Hatteras Light

35°12.5′

75°30′

48. Hatteras Inlet Entrance Buoy “HI”

35°10′

75°46′

49. Ocracoke Inlet Whistle Buoy “OC”

35°01.5′

76°00.5′

50. A point east of Cape Lookout Light

34°36.5′

76°30′

51. Southern terminus point

34°35′

76°41′

(b) Vessels required to use VMS. The following vessels must have installed on board an operational VMS unit
that meets the minimum performance criteria specified in, or as modified pursuant to § 648.9(a):
(1) A scallop vessel issued a Full-time or Part-time limited access scallop permit, or an LAGC scallop
permit;
(2) A scallop vessel issued an Occasional limited access permit when fishing under the Sea Scallop
Area Access Program specified under § 648.59;
(3) A vessel issued a limited access monkfish, Occasional scallop, or Combination permit, whose owner
elects to provide the notifications required by this section using VMS, unless otherwise authorized or
required by the Regional Administrator under paragraph (d) of this section;
(4) A vessel issued a limited access NE multispecies permit that fishes or intends to fish under a NE
multispecies Category A or B DAS, or catches regulated species or ocean pout while on a sector trip;
or a vessel issued a limited access NE multispecies small vessel category or Handgear A permit that
fishes in multiple stock areas pursuant to paragraph (k)(2) of this section;
(5) A vessel issued a surfclam (SF 1) or an ocean quahog (OQ 6) open access permit;
(6) Effective January 1, 2009, a vessel issued a Maine mahogany quahog (OQ 7) limited access permit,
unless otherwise exempted under paragraph § 648.4(a)(4)(ii)(B)(1);
(7) A limited access monkfish vessel electing to fish in the Offshore Fishery Program in the SFMA, as
provided in § 648.95; and
50 CFR 648.10(b)(7) (enhanced display)

page 80 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.10(b)(8)

(8) A vessel issued a limited access herring permit (i.e., Category A, B, or C), or a vessel issued a
Category E Herring Permit, or a vessel declaring an Atlantic herring carrier trip via VMS.
(9) A vessel issued a Tier 1, Tier 2, or Tier 3 limited access Atlantic mackerel permit;
(10) A vessel issued a Tier 1 or Tier 2 longfin squid moratorium permit;
(11) A vessel issued an Illex squid moratorium permit; or
(12) A vessel issued a butterfish moratorium permit.
(c) Operating requirements for all vessels.
(1) Except as provided in paragraph (c)(2) of this section, or unless otherwise required by paragraph
(c)(1)(ii) of this section, all vessels required to use VMS units, as specified in paragraph (b) of this
section, must transmit a signal indicating the vessel's accurate position, as specified under
paragraph (c)(1)(i) of this section:
(i)

At least every hour, 24 hr a day, throughout the year; or

(ii) For vessels issued a Federal scallop permit and equipped with a VMS unit, at least once every
30 minutes, 24 hours a day, throughout the year, when not on a declared federal scallop trip or
when shoreward of the VMS Demarcation Line. With the exception of vessels on a declared
state waters exemption trip, all vessels issued a Federal scallop permit and equipped with a
VMS unit shall be polled at a minimum of once every 5 minutes when on a declared federal
scallop trip and seaward of the VMS Demarcation Line.
(2) Power-down exemption.
(i)

Any vessel required to transmit the vessel's location at all times, as required in paragraph (c)(1)
of this section, is exempt from this requirement if it meets one or more of the following
conditions and requirements:
(A) The vessel will be continuously out of the water for more than 72 consecutive hours, the
vessel signs out of the VMS program by obtaining a valid letter of exemption pursuant to
paragraph (c)(2)(ii) of this section, and the vessel complies with all conditions and
requirements of said letter;
(B) The vessel owner signs out of the VMS program for a minimum period of 30 consecutive
days by obtaining a valid letter of exemption pursuant to paragraph (c)(2)(ii) of this
section, the vessel does not engage in any fisheries or move from the dock/mooring until
the VMS unit is turned back on, and the vessel complies with all conditions and
requirements of said letter;
(C) [Reserved]
(D) The vessel has been issued an LAGC permit, is not in possession of any scallops onboard
the vessel, is tied to a permanent dock or mooring, the vessel operator has notified NMFS
through VMS by transmitting the appropriate VMS power-down code that the VMS will be
powered down, and the vessel is not required by other permit requirements for other
fisheries to transmit the vessel's location at all times. Such a vessel must re-power the
VMS and submit a valid VMS activity declaration prior to moving from the fixed dock or
mooring. VMS codes and instructions are available from the Regional Administrator.

(ii) Letter of exemption —
50 CFR 648.10(c)(2)(ii) (enhanced display)

page 81 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.10(c)(2)(ii)(A)

(A) Application. A vessel owner may apply for a letter of exemption from the VMS transmitting
requirements specified in paragraph (c)(1) of this section for his/her vessel by sending a
written request to the Regional Administrator and providing the following: The location of
the vessel during the time an exemption is sought; the exact time period for which an
exemption is needed (i.e., the time the VMS signal will be turned off and turned on again);
and, in the case of a vessel meeting the conditions of paragraph (c)(2)(i)(A) of this
section, sufficient information to determine that the vessel will be out of the water for
more than 72 consecutive hours. The letter of exemption must be on board the vessel at
all times, and the vessel may not turn off the VMS signal until the letter of exemption has
been received.
(B) Issuance. Upon receipt of an application, the Regional Administrator may issue a letter of
exemption to the vessel if it is determined that the vessel owner provided sufficient
information as required under this paragraph (c)(2), and that the issuance of the letter of
exemption will not jeopardize accurate monitoring of the vessel's DAS. Upon written
request, the Regional Administrator may change the time period for which the exemption
is granted.
(d) Presumption. If a VMS unit fails to transmit an hourly signal of a vessel's position, the vessel shall be
deemed to have incurred a DAS, or fraction thereof, for as long as the unit fails to transmit a signal, unless
a preponderance of evidence shows that the failure to transmit was due to an unavoidable malfunction or
disruption of the transmission that occurred while the vessel was properly declared out of the scallop
fishery, NE multispecies fishery, or monkfish fishery, as applicable, or while the vessel was not at sea.
(e) VMS notifications —
(1) VMS installation notification.
(i)

The owner of such a vessel specified in paragraph (b) of this section, with the exception of a
vessel issued a limited access NE multispecies permit as specified in paragraph (b)(4) of this
section, must provide documentation to the Regional Administrator at the time of application
for a limited access permit that the vessel has an operational VMS unit installed on board that
meets the minimum performance criteria, unless otherwise allowed under paragraph (b) of this
section.

(ii) Vessel owners must confirm the VMS unit's operation and communications service to NMFS by
calling the Office of Law Enforcement (OLE) to ensure that position reports are automatically
sent to and received by NMFS OLE.
(iii) NMFS does not regard the fishing vessel as meeting the VMS requirements until automatic
position reports and a manual declaration are received.
(iv) If a vessel has already been issued a limited access permit without the owner providing such
documentation, the Regional Administrator shall allow at least 30 days for the vessel to install
an operational VMS unit that meets the minimum performance criteria, and for the owner to
provide documentation of such installation to the Regional Administrator.
(v) The owner of a vessel issued a limited access NE multispecies permit that fishes or intends to
fish under a NE multispecies Category A or B DAS, or that catches regulated species or ocean
pout while on a sector trip, as specified in paragraph (b)(4) of this section, must provide

50 CFR 648.10(e)(1)(v) (enhanced display)

page 82 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.10(e)(1)(vi)

documentation to the Regional Administrator that the vessel has an operational VMS unit
installed on board, meeting all requirements of this part, prior to fishing under a NE
multispecies DAS or under the provisions of an approved sector operations plan.
(vi) NMFS shall provide notification to all affected permit holders providing detailed information on
procedures pertaining to VMS purchase, installation, and use.
(2) Replacement VMS installations. Should a VMS unit require replacement, a vessel owner must submit
documentation to the Regional Administrator, within 3 days of installation and prior to the vessel's
next trip, verifying, as described in this paragraph (e), that the new VMS unit is an operational
approved system as described under § 648.9(a).
(3) Access. As a condition to obtaining a limited access scallop, multispecies, an Atlantic herring, a
surfclam, ocean quahog, or Maine mahogany quahog permit; or as a condition of using a VMS unit;
all vessel owners must allow NMFS, the USCG, and their authorized officers or designees access to
the vessel's DAS data, if applicable, and to location data obtained from its VMS unit, if required, at
the time of or after its transmission to the vendor or receiver, as the case may be.
(4) Tampering. Tampering with a VMS, a VMS unit, or a VMS signal, is prohibited. Tampering includes
any activity that may affect the unit's ability to operate or signal properly, or to accurately compute or
report the vessel's position.
(5) Fishery participation notification.
(i)

A vessel subject to the VMS requirements of § 648.9 and paragraphs (b) through (d) of this
section that has crossed the VMS Demarcation Line under paragraph (a) of this section is
deemed to be fishing under the DAS program, the Access Area Program, the LAGC IFQ or
NGOM scallop fishery, or other fishery requiring the operation of VMS as applicable, unless
prior to leaving port, the vessel's owner or authorized representative declares the vessel out of
the scallop, NE multispecies, monkfish, or any other fishery, as applicable, for a specific time
period. NMFS must be notified by transmitting the appropriate VMS code through the VMS, or
unless the vessel's owner or authorized representative declares the vessel will be fishing in the
Eastern U.S./Canada Area, as described in § 648.85(a)(3)(ii), under the provisions of that
program.

(ii) Notification that the vessel is not under the DAS program, the Access Area Program, the LAGC
IFQ or NGOM scallop fishery, or any other fishery requiring the operation of VMS, must be
received by NMFS prior to the vessel leaving port. A vessel may not change its status after the
vessel leaves port or before it returns to port on any fishing trip, unless the vessel is a scallop
vessel and is exempted, as specified in paragraph (f) of this section.
(iii) DAS counting for a vessel that is under the VMS notification requirements of paragraph (b) of
this section, with the exception of vessels that have elected to fish exclusively in the Eastern
U.S./Canada Area on a particular trip, as described in paragraph (e)(5) of this section, begins
with the first location signal received showing that the vessel crossed the VMS Demarcation
Line after leaving port. DAS counting ends with the first location signal received showing that
the vessel crossed the VMS Demarcation Line upon its return to port, unless the vessel is
declared into a limited access scallop DAS trip and, upon its return to port, declares out of the
scallop fishery shoreward of the VMS Demarcation Line at or south of 39° N. lat., as specified in
paragraph (f)(6) of this section, and lands in a port south of 39° N. lat.

50 CFR 648.10(e)(5)(iii) (enhanced display)

page 83 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.10(e)(5)(iv)

(iv) For those vessels that have elected to fish exclusively in the Eastern U.S./Canada Area pursuant
to § 648.85(a)(3)(ii), the requirements of this paragraph (b) begin with the first location signal
received showing that the vessel crossed into the Eastern U.S./Canada Area and end with the
first location signal received showing that the vessel crossed out of the Eastern U.S./Canada
Area upon beginning its return trip to port, unless the vessel elects to also fish outside the
Eastern U.S./Canada Area on the same trip, in accordance with § 648.85(a)(3)(ii)(A).
(v) The Regional Administrator may authorize or require the use of the call-in system instead of the
use of VMS, as described under paragraph (h) of this section. Furthermore, the Regional
Administrator may authorize or require the use of letters of authorization as an alternative
means of enforcing possession limits, if VMS cannot be used for such purposes.
(f) Atlantic sea scallop vessel VMS notification requirements. Less than 1 hour prior to leaving port, the owner
or authorized representative of a scallop vessel that is required to use VMS as specified in paragraph
(b)(1) of this section must notify the Regional Administrator by transmitting the appropriate VMS code
that the vessel will be participating in the scallop DAS program, Area Access Program, LAGC scallop
fishery, NGOM Management Program, or will be fishing outside of the scallop fishery under the
requirements of its other Federal permits, or that the vessel will be steaming to another location prior to
commencing its fishing trip by transmitting a “declared out of fishery” VMS code. If the owner or
authorized representative of a scallop vessel declares out of the fishery for the steaming portion of the
trip, the vessel cannot possess, retain, or land scallops, or fish for any other fish. Prior to commencing the
fishing trip following a “declared out of fishery” trip, the owner or authorized representative must notify
the Regional Administrator by transmitting the appropriate VMS code, before first crossing the VMS
Demarcation Line, that the vessel will be participating in the scallop DAS program, Area Access Program,
NGOM Management Program, or LAGC scallop fishery. VMS codes and instructions are available from the
Regional Administrator upon request.
(1) IFQ scallop vessels. An IFQ scallop vessel that has crossed the VMS Demarcation Line specified
under paragraph (a) of this section is deemed to be fishing under the IFQ program, unless prior to the
vessel leaving port, the vessel's owner or authorized representative declares the vessel out of the
scallop fishery by notifying the Regional Administrator through the VMS. If the vessel has not fished
for any fish (i.e., steaming only), after declaring out of the fishery, leaving port, and steaming to
another location, the owner or authorized representative of an IFQ scallop vessel may declare into
the IFQ fishery without entering another port by making a declaration before first crossing the VMS
Demarcation Line. An IFQ scallop vessel that is fishing north of 42°20′ N. lat. is deemed to be fishing
under the NGOM scallop fishery unless prior to the vessel leaving port, the vessel's owner or
authorized representative declares the vessel out of the scallop fishery, as specified in paragraphs
(e)(5)(i) and (ii) of this section. After declaring out of the fishery, leaving port, and steaming to
another location, if the IFQ scallop vessel has not fished for any fish (i.e., steaming only), the vessel
may declare into the NGOM fishery without entering another port by making a declaration before first
crossing the VMS Demarcation Line.
(2) NGOM scallop fishery. A NGOM scallop vessel is deemed to be fishing in Federal waters of the NGOM
management area and will have its landings applied against the LAGC portion of the NGOM
management area TAC, specified in § 648.62(b)(1), unless:
(i)

Prior to the vessel leaving port, the vessel's owner or authorized representative declares the
vessel out of the scallop fishery, as specified in paragraphs (e)(5)(i) and (ii) of this section, and
the vessel does not possess, retain, or land scallops while under such a declaration. After
declaring out of the fishery, leaving port, and steaming to another location, if the NGOM scallop

50 CFR 648.10(f)(2)(i) (enhanced display)

page 84 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.10(f)(2)(ii)

vessel has not fished for any other fish (i.e., steaming only), the vessel may declare into the
NGOM fishery without entering another port by making a declaration before first crossing the
VMS Demarcation Line.
(ii) The vessel has specifically declared into the state-only NGOM fishery, thus is fishing exclusively
in the state waters portion of the NGOM management area.
(3) Incidental scallop fishery. An Incidental scallop vessel that has crossed the VMS Demarcation Line
on any declared fishing trip for any species is deemed to be fishing under the Incidental scallop
fishery.
(4) Catch reports.
(i)

For trips greater than 24 hours, the owner or operator of a limited access or LAGC scallop
vessel with an IFQ permit that fishes for, possesses, or retains scallops, and is not fishing under
a Northeast Multispecies DAS or sector allocation, must submit reports through the VMS, in
accordance with instructions to be provided by the Regional Administrator, for each day fished,
including open area trips, access area trips as described in § 648.59(b)(9), Northern Gulf of
Maine research set-aside (RSA) trips, and trips accompanied by an observer. The reports must
be submitted for each day (beginning at 0000 hr and ending at 2400 hr) and not later than 0900
hr of the following day. Such reports must include the following information:
(A) Vessel trip report (VTR) serial number;
(B) Date fish were caught;
(C) Total pounds of scallop meats kept; and
(D) Total pounds of all fish kept.

(ii) Scallop Pre-Landing Notification Form for IFQ and NGOM vessels. A vessel issued an IFQ or
NGOM scallop permit must report through VMS, using the Scallop Pre-Landing Notification
Form, the amount of any scallops kept on each trip declared as a scallop trip, including
declared scallop trips where no scallops were landed. In addition, vessels with an IFQ or NGOM
permit must submit a Scallop Pre-Landing Notification Form on trips that are not declared as
scallop trips, but on which scallops are kept incidentally. A limited access vessel that also
holds an IFQ or NGOM permit must submit the Scallop Pre-Landing Notification Form only
when fishing under the provisions of the vessel's IFQ or NGOM permit. VMS Scallop PreLanding Notification forms must be submitted no less than 6 hours prior to arrival, or, if fishing
ends less than 6 hours before arrival, immediately after fishing ends. If scallops will be landed,
the report must include the vessel operator's permit number, the amount of scallop meats in
pounds to be landed, the number of bushels of in-shell scallops to be landed, the estimated
time of arrival in port, the landing port and state where the scallops will be offloaded, the VTR
serial number recorded from that trip's VTR (the same VTR serial number as reported to the
dealer), and whether any scallops were caught in the NGOM. If no scallops will be landed, a
vessel issued an IFQ or NGOM scallop permit must provide only the vessel's captain/operator's
permit number, the VTR serial number recorded from that trip's VTR (the same VTR serial
number as reported to the dealer), and confirmation that no scallops will be landed. A vessel
issued an IFQ or NGOM scallop permit may provide a corrected report. If the report is being
submitted as a correction of a prior report, the information entered into the notification form
will replace the data previously submitted in the prior report. Submitting a correction does not
prevent NMFS from pursuing an enforcement action for any false reporting.
50 CFR 648.10(f)(4)(ii) (enhanced display)

page 85 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.10(f)(4)(iii)

(iii) Scallop Pre-Landing Notification Form for limited access vessels fishing on scallop trips. A
limited access vessel on a declared sea scallop trip must report through VMS, using the Scallop
Pre-Landing Notification Form, the amount of any scallops kept on each trip, including declared
trips where no scallops were landed. The report must be submitted no less than 6 hours before
arrival, or, if fishing ends less than 6 hours before arrival, immediately after fishing ends. If
scallops will be landed, the report must include the vessel operator's permit number, the
amount of scallop meats in pounds to be landed, the number of bushels of in-shell scallops to
be landed, the estimated time of arrival, the landing port and state where the scallops will be
offloaded, and the VTR serial number recorded from that trip's VTR (the same VTR serial
number as reported to the dealer). If no scallops will be landed, a limited access vessel on a
declared sea scallop trip must provide only the vessel's captain/operator's permit number, the
VTR serial number recorded from that trip's VTR (the same VTR serial number as reported to
the dealer), and confirmation that no scallops will be landed. A limited access scallop vessel
may provide a corrected report. If the report is being submitted as a correction of a prior report,
the information entered into the notification form will replace the data previously submitted in
the prior report. Submitting a correction does not prevent NMFS from pursuing an enforcement
action for any false reporting. A vessel may not offload its catch from a Sea Scallop Access
Area trip at more than one location per trip.
(iv) Scallop Pre-Landing Notification Form for limited access vessels on a declared DAS trip landing
scallops at ports located at or south of 39° N. lat. In order to end a declared Sea Scallop DAS trip
and steam south of 39° N. lat., a limited access vessel must first report through VMS, using the
Scallop Pre-Landing Notification Form, the amount of any scallops kept on its DAS trip. Upon
crossing shoreward of the VMS Demarcation Line at or south of 39° N. lat., the Scallop PreLanding Notification form must be submitted. The report must include the vessel operator's
permit number, the amount of scallop meats in pounds to be landed, the estimated time of
arrival in port, the landing port and state where the scallops will be offloaded, and the VTR serial
number recorded from that trip's VTR (the same VTR serial number as reported to the dealer).
Prior to crossing seaward of the VMS Demarcation Line for the transit to a southern port at or
south of 39° N. lat., the vessel must declare out of the scallop fishery. A limited access scallop
vessel may provide a corrected report. If the report is being submitted as a correction of a prior
report, the information entered into the notification form will replace the data previously
submitted in the prior report. Submitting a correction does not prevent NMFS from pursuing an
enforcement action for any false reporting.
(5) Scallop vessels fishing under exemptions. Vessels fishing under the exemptions provided by § 648.54
(a) and/or (b)(1) must comply with the exemption requirements and notify the Regional
Administrator by VMS notification or by call-in notification as follows:
(i)

VMS notification for scallop vessels fishing under exemptions.
(A) Notify the Regional Administrator, via their VMS, prior to each trip of the vessel under the
state waters exemption program, that the vessel will be fishing exclusively in state waters;
and
(B) Notify the Regional Administrator, via their VMS, prior to the vessel's first planned trip in
the EEZ, that the vessel is to resume fishing under the vessel's DAS allocation.

(ii) Call-in notification for scallop vessels fishing under exemptions.

50 CFR 648.10(f)(5)(ii) (enhanced display)

page 86 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.10(f)(5)(ii)(A)

(A) Notify the Regional Administrator by using the call-in system and providing the following
information at least 7 days prior to fishing under the exemption:
(1) Owner and caller name and address;
(2) Vessel name and permit number; and
(3) Beginning and ending dates of the exemption period.
(B) Remain under the exemption for a minimum of 7 days.
(C) If, under the exemption for a minimum of 7 days and wishing to withdraw earlier than the
designated end of the exemption period, notify the Regional Administrator of early
withdrawal from the program by calling the call-in system, providing the vessel's name and
permit number and the name and phone number of the caller, and stating that the vessel
is withdrawing from the exemption. The vessel may not leave port to fish in the EEZ until
48 hr after notification of early withdrawal is received by the Regional Administrator.
(D) The Regional Administrator will furnish a phone number for call-ins upon request.
(E) Such vessels must comply with the VMS notification requirements specified in paragraph
(e) of this section by notifying the Regional Administrator by entering the appropriate VMS
code that the vessel is fishing outside of the scallop fishery. VMS codes and instructions
are available from the Regional Administrator upon request.
(6) Limited access scallop vessels fishing under the DAS program and landing scallops at ports south of
39° N. Lat. If landing scallops at a port located at or south of 39° N. lat., a limited access vessel
participating in the scallop DAS program may end its DAS trip once it has crossed shoreward of the
VMS Demarcation Line at or south of 39° N. lat. by declaring out of the scallop fishery and
submitting the Scallop Pre-Landing Notification Form, as specified at paragraph (f)(4)(iv) of this
section. Once declared out of the scallop fishery, and the vessel has submitted the Scallop PreLanding Notification Form, the vessel may cross seaward of the VMS Demarcation Line and steam
to a port at or south of 39° N. lat., to land scallops while not on a DAS. Such vessels that elect to
change their declaration to steam to ports with scallops onboard and not accrue DAS must comply
with all the requirements at § 648.53(f)(3).
(g) VMS notification requirements for other fisheries.
(1) The owner or authorized representative of a vessel that is required to or elects to use VMS, as
specified in paragraph (b) of this section, must notify the Regional Administrator of the vessel's
intended fishing activity by entering the appropriate VMS code prior to leaving port at the start of
each fishing trip except:
(i)

If notified by letter, pursuant to paragraph (e)(1)(iv) of this section, or

(ii) The vessel is a scallop vessel and is exempted, as specified in paragraph (f) of this section.
(2) Notification of a vessel's intended fishing activity includes, but is not limited to, gear and DAS type to
be used; area to be fished; and whether the vessel will be declared out of the DAS fishery, or will
participate in the NE multispecies and monkfish DAS fisheries, including approved special
management programs.
(3) A vessel operator cannot change any aspect of a vessel's VMS activity code outside of port, except
as follows:
50 CFR 648.10(g)(3) (enhanced display)

page 87 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.10(g)(3)(i)

An operator of a NE multispecies vessel is authorized to change the category of NE
multispecies DAS used (i.e., flip its DAS), as provided at § 648.85(b), or change the area
declared to be fished so that the vessel may fish both inside and outside of the Eastern
U.S./Canada Area on the same trip, as provided at § 648.85(a)(3)(ii)(A).

(ii) An operator of a vessel issued both a NE multispecies permit and a monkfish permit is
authorized to change their DAS declaration from a NE multispecies Category A DAS to a
monkfish DAS, while remaining subject to the NE multispecies DAS usage requirements under
§ 648.92(b)(1)(iv), during a trip, as provided at § 648.92(b)(1)(vi)(A).
(iii) The vessel carries onboard a valid limited access or LAGC scallop permit, has declared out of
the fishery in port, and is steaming to another location, pursuant to paragraph (f) of this section.
(4) VMS activity codes and declaration instructions are available from the Regional Administrator upon
request.
(h) Call-in notification. The owner of a vessel issued a limited access monkfish permit who is participating in
a DAS program and who is not required to provide notification using a VMS, and a scallop vessel
qualifying for a DAS allocation under the occasional category that has not elected to fish under the VMS
notification requirements of paragraph (e) of this section and is not participating in the Sea Scallop Area
Access program as specified in § 648.59, and any vessel that may be required by the Regional
Administrator to use the call-in program under paragraph (i) of this section, are subject to the following
requirements:
(1) Less than 1 hr prior to leaving port, for vessels issued a limited access NE multispecies DAS permit
or, for vessels issued a limited access NE multispecies DAS permit and a limited access monkfish
permit (Category C, D, F, G, or H), unless otherwise specified in paragraph (h) of this section, or an
occasional scallop permit as specified in this paragraph (h), and, less than 1 hr prior to leaving port,
for vessels issued a limited access monkfish Category A or B permit, the vessel owner or authorized
representative must notify the Regional Administrator that the vessel will be participating in the DAS
program by calling the call-in system and providing the following information:
(i)

Owner and caller name and phone number;

(ii) Vessel name and permit number;
(iii) Type of trip to be taken;
(iv) Port of departure; and
(v) That the vessel is beginning a trip.
(2) A DAS begins once the call has been received and a confirmation number is given by the Regional
Administrator, or when a vessel leaves port, whichever occurs first, unless otherwise specified in
paragraph (e)(2)(iii) of this section.
(3) Vessels issued a limited access monkfish Category C, D, F, G, or H permit that are allowed to fish as a
monkfish Category A or B vessel in accordance with the provisions of § 648.92(b)(2)(i) are subject to
the call-in notification requirements for limited access monkfish Category A or B vessels specified
under this paragraph (h) for those monkfish DAS when there is not a concurrent NE multispecies
DAS.

50 CFR 648.10(h)(3) (enhanced display)

page 88 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.10(h)(4)

(4) The vessel's confirmation numbers for the current and immediately prior NE multispecies or
monkfish fishing trip must be maintained on board the vessel and provided to an authorized officer
immediately upon request.
(5) At the end of a vessel's trip, upon its return to port, the vessel owner or owner's representative must
call the Regional Administrator and notify him/her that the trip has ended by providing the following
information:
(i)

Owner and caller name and phone number;

(ii) Vessel name and permit number;
(iii) Port of landing; and
(iv) That the vessel has ended its trip.
(6) A DAS ends when the call has been received and confirmation has been given by the Regional
Administrator, or when a vessel enters port at the end of a fishing trip, whichever occurs later, unless
otherwise specified in paragraph (e)(2)(iii) of this section.
(7) The Regional Administrator will furnish a phone number for DAS notification call-ins upon request.
(8) Regardless of whether a vessel's owner or authorized representative provides correct notification as
required by paragraphs (e) through (h) of this section, a vessel meeting any of the following
descriptions shall be deemed to be in its respective fishery's DAS or Scallop Access Area Program
for the purpose of counting DAS or scallop access area trips/pounds, and, shall be charged DAS
from the time of sailing to landing:
(i)

Any vessel issued a limited access scallop permit and not issued an LAGC scallop permit that
possesses or lands scallops;

(ii) A vessel issued a limited access scallop and LAGC IFQ scallop permit that possesses or lands
more than 600 lb (272.2 kg) of scallops, unless otherwise specified in § 648.59(d)(2);
(iii) Any vessel issued a limited access scallop and LAGC NGOM scallop permit that possesses or
lands more than 200 lb (90.7 kg) of scallops;
(iv) Any vessel issued a limited access scallop and LAGC IC scallop permit that possesses or lands
more than 40 lb (18.1 kg) of scallops;
(v) Any vessel issued a limited access NE multispecies permit subject to the NE multispecies DAS
program requirements that possesses or lands regulated NE multispecies, except as provided
in §§ 648.10(h)(9)(ii), 648.17, and 648.89; and
(vi) Any vessel issued a limited access monkfish permit subject to the monkfish DAS program and
call-in requirement that possesses or lands monkfish above the incidental catch trip limits
specified in § 648.94(c).
(9) Vessels electing to use VMS.
(i)

A vessel issued a limited access monkfish, Occasional scallop, or Combination permit must use
the call-in system specified in paragraph (h) of this section, unless the owner of such vessel
has elected to provide the notifications required by paragraph (g) of this section, through VMS

50 CFR 648.10(h)(9)(i) (enhanced display)

page 89 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.10(h)(9)(ii)

as specified under paragraph (h)(9)(ii) of this section. Any vessel issued a limited access
monkfish or an Occasional scallop permit that has elected to provide notifications through VMS
must continue to provide notifications through VMS for the entire fishing year.
(ii) A vessel issued a limited access monkfish or Occasional scallop permit may be authorized by
the Regional Administrator to provide the notifications required by paragraph (e) of this section
using the VMS specified in paragraph (b) of this section. For the vessel to become authorized,
the vessel owner must provide documentation to the Regional Administrator at the time of
application for a limited access permit that the vessel has installed on board an operational
VMS as provided under § 648.9(a). A vessel that is authorized to use the VMS in lieu of the callin requirement for DAS notification shall be subject to the requirements and presumptions
described under paragraphs (e)(2)(i) through (v) of this section. This paragraph (h) does not
apply to vessels electing to use the VMS.
(i)

Temporary authorization for use of the call-in system. The Regional Administrator may authorize or require,
on a temporary basis, the use of the call-in system of notification specified in paragraph (h) of this
section, instead of using the VMS. If use of the call-in system is authorized or required, the Regional
Administrator shall notify affected permit holders through a letter, notification in the FEDERAL REGISTER, email, or other appropriate means.

(j)

Additional NE multispecies call-in requirements —
(1) Spawning season call-in. With the exception of a vessel issued a valid Small Vessel category permit
or the Handgear A permit category, vessels subject to the spawning season restriction described in
§ 648.82 must notify the Regional Administrator of the commencement date of their 20-day period
out of the NE multispecies fishery through the IVR system (or through VMS, if required by the
Regional Administrator) and provide the following information:
(i)

Vessel name and permit number;

(ii) Owner and caller name and phone number; and
(iii) Commencement date of the 20-day period.
(2) Gillnet call-in. A vessel subject to the gillnet restriction described in § 648.82 must notify the
Regional Administrator of the commencement of its time out of the NE multispecies gillnet fishery
using the procedure described in paragraph (k)(1) of this section.
(k) Area-specific reporting requirements for NE multispecies vessels —
(1) Reporting requirements for all limited access NE multispecies vessel owners or operators. In addition
to any other reporting requirements specified in this part, the owner or operator of any vessel issued
a limited access NE multispecies permit on either a common pool or sector trip must declare the
following information via VMS or IVR, as instructed by the Regional Administrator:
(i)

Broad stock area(s) to be fished. To fish in any of the broad stock areas, the vessel owner or
operator must declare his/her intent to fish within one or more of the NE multispecies broad
stock areas, as defined in paragraph (k)(3) of this section, prior to leaving port at the start of a
fishing trip;

(ii) VTR serial number. On its return to port, prior to crossing the VMS demarcation line, as defined
at § 648.10, the vessel owner or operator must provide the VTR serial number for the first page
of the VTR for that particular trip, or other applicable trip ID specified by NMFS; and
50 CFR 648.10(k)(1)(ii) (enhanced display)

page 90 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.10(k)(1)(iii)

(iii) Trip-start hail report. If instructed by the Regional Administrator or required by a sector
operations plan approved pursuant to § 648.87(b)(2) and (c), the operator of a vessel must
submit a trip-start hail report prior to departing port at the beginning of each trip notifying the
sector manager and/or NMFS of the vessel permit number; trip ID number in the form of the
VTR serial number of the first VTR page for that trip, or another trip identifier specified by
NMFS; an estimate of the date and time of arrival to port; and any other information as
instructed by the Regional Administrator. Trip-start hail reports by vessels operating less than 6
hr or within 6 hr of port must also include estimated date and time of offload. The trip-start hail
report may be submitted via VMS or some other method, as instructed by the Regional
Administrator or required by a sector operations plan approved pursuant to § 648.87(b)(2) and
(c). If the vessel operator does not receive confirmation of the receipt of the trip-start hail report
from the sector manager or NMFS, the operator must contact the intended receiver to confirm
the trip-start hail report via an independent back-up system, as instructed by the Regional
Administrator. To the extent possible, NMFS shall reduce unnecessary duplication of the tripstart hail report with any other applicable reporting requirements..
(iv) Trip-end hail report. Upon its return to port and prior to crossing the VMS demarcation line as
defined in § 648.10, the owner or operator of any vessel issued a limited access NE
multispecies permit that is subject to the VMS requirements specified in paragraph (b)(4) of
this section must submit a trip-end hail report to NMFS via VMS, as instructed by the Regional
Administrator. The trip-end hail report must include at least the following information, as
instructed by the Regional Administrator: The vessel permit number; VTR serial number, or
other applicable trip ID specified by NMFS; intended offloading location(s), including the dealer
name/offload location, port/harbor, and state for the first dealer/facility where the vessel
intends to offload catch and the port/harbor, and state for the second dealer/facility where the
vessel intends to offload catch; estimated date/time of arrival; estimated date/time of offload;
and the estimated total amount of all species retained, including species managed by other
FMPs (in pounds, landed weight), on board at the time the vessel first offloads its catch from a
particular trip. The trip-end hail report must be submitted at least 6 hr in advance of landing for
all trips of at least 6 hr in duration or occurring more than 6 hr from port. For shorter trips, the
trip-end hail reports must be submitted upon the completion of the last tow or hauling of gear,
as instructed by the Regional Administrator. To the extent possible, NMFS shall reduce
unnecessary duplication of the trip-end hail reports with any other applicable reporting
requirements.
(2) Reporting requirements for NE multispecies vessel owners or operators fishing in more than one broad
stock area per trip. Unless otherwise provided in this paragraph (k)(2), the owner or operator of any
vessel issued a NE multispecies limited access permit that has declared its intent to fish within
multiple NE multispecies broad stock areas, as defined in paragraph (k)(3) of this section, on the
same trip must submit a hail report via VMS providing a good-faith estimate of the amount of each
regulated species retained (in pounds, landed weight) and the total amount of all species retained (in
pounds, landed weight), including NE multispecies and species managed by other FMPs, from each
statistical area. This reporting requirement is in addition to the reporting requirements specified in
paragraph (k)(1) of this section and any other reporting requirements specified in this part. The
report frequency is detailed in paragraphs (k)(2)(i) and (ii) of this section.

50 CFR 648.10(k)(2) (enhanced display)

page 91 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.10(k)(2)(i)

Vessels declaring into GOM Stock Area and any other stock area. A vessel declared to fish in the
GOM Stock Area, as defined in paragraph (k)(3)(i) of this section, and any other stock area
defined in paragraphs (k)(3)(ii) through (iv) of this section, must submit a daily VMS catch
report in 24-hr intervals for each day by 0900 hr of the following day. Reports are required even
if groundfish species caught that day have not yet been landed.

(ii) Vessels declaring into multiple broad stock areas not including GOM Stock Area. A vessel
declared into multiple stock areas defined in paragraphs (k)(3)(ii) through (iv) of this section,
not including the GOM Stock Area I defined in paragraph (k)(3)(i) of this section, must submit a
trip-level report via VMS prior to crossing the VMS demarcation line, as defined in § 648.10,
upon its return to port following each fishing trip on which regulated species were caught, as
instructed by the Regional Administrator.
(iii) The Regional Administrator may adjust the reporting frequency specified in paragraph (k)(2) of
this section.
(iv) Exemptions from broad stock area VMS reporting requirements.
(A) A vessel is exempt from the reporting requirements specified in paragraph (k)(2) of this
section if it is fishing in a special management program, as specified in § 648.85, and is
required to submit daily VMS catch reports consistent with the requirements of that
program.
(B) The Regional Administrator may exempt vessels on a sector trip from the reporting
requirements specified in this paragraph (k)(2) if it is determined that such reporting
requirements would duplicate those specified in § 648.87(b).
(3) NE multispecies broad stock areas. For the purposes of the area-specific reporting requirements
listed in paragraph (k)(1) of this section, the NE multispecies broad stock areas are defined in
paragraphs (k)(3)(i) through (iv) of this section. Copies of a map depicting these areas are available
from the Regional Administrator upon request.
(i)

GOM Stock Area 1. The GOM Stock Area 1 is bounded on the east by the U.S./Canadian
maritime boundary and straight lines connecting the following points in the order stated:

GOM STOCK AREA 1
Point

N. latitude

W. longitude

G1

( 1)

( 1)

CII3

( 1)

67°20′

G6

42°20′

67°20′

G10

42°20′

70°00′

1

The intersection of the shoreline and the U.S.-Canada maritime boundary.

2

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

50 CFR 648.10(k)(3)(i) (enhanced display)

page 92 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.10(k)(3)(ii)

N. latitude
2

G9

( )

W. longitude
70°00′

1

The intersection of the shoreline and the U.S.-Canada maritime boundary.

2

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

(ii) Inshore GB Stock Area 2. The inshore GB Stock Area is defined by straight lines connecting the
following points in the order stated:

INSHORE GB STOCK AREA 2
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′

G12

( 2)

70°00′

1

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

2

South-facing shoreline of Cape Cod, MA.

(iii) Offshore GB Stock Area 3. The Offshore GB Stock Area 3 is bounded on the east by the
U.S./Canadian maritime boundary and defined by straight lines connecting the following points
in the order stated:

OFFSHORE GB STOCK AREA 3
Point

N. latitude

W. longitude

IGB1

42°20′

68°50′

G6

42°20′

67°20′

1

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

50 CFR 648.10(k)(3)(iii) (enhanced display)

page 93 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.10(k)(3)(iv)

N. latitude
1

W. longitude

CII3

( )

67°20′

SNE2

39°00′

( 1)

SNE3

39°00′

69°00′

SNE4

39°50′

69°00′

SNE5

39°50′

68°50′

IGB1

42°20′

68°50′

1

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

(iv) SNE/MA Stock Area 4. The SNE/MA Stock Area 4 is the area bounded on the north and west by
the coastline of the United States, bounded on the south by a line running from the east-facing
coastline of North Carolina at 35° N. lat. until its intersection with the EEZ, and bounded on the
east by straight lines connecting the following points in the order stated:

SNE/MA STOCK AREA 4
Point

(l)

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′

SNE4

39°50′

68°50′

SNE3

39°50′

69°00′

SNE5

39°00′

69°00′

SNE6

39°00′

( 2)

1

South-facing shoreline of Cape Cod, MA.

2

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

[Reserved]

(m) Atlantic herring VMS notification requirements.

50 CFR 648.10(m) (enhanced display)

page 94 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.10(m)(1)

(1) A vessel issued a limited access herring permit (i.e., Category A, B, or C) or a Category E Herring
Permit intending to declare into the herring fishery or a vessel issued a herring permit and intending
to declare an Atlantic herring carrier trip via VMS must notify NMFS by declaring a herring trip with
the appropriate gear code prior to leaving port at the start of each trip in order to harvest, possess, or
land herring on that trip.
(2) A vessel issued a limited access herring permit (i.e., Category A, B, or C) or a Category E Herring
Permit or a vessel that declared an Atlantic herring carrier trip via VMS 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.
(n) Limited access Atlantic mackerel VMS notification requirements.
(1) A vessel issued a limited access Atlantic mackerel permit intending to declare into the Atlantic
mackerel fishery must notify NMFS by declaring an Atlantic mackerel trip prior to leaving port at the
start of each trip in order to harvest, possess, or land Atlantic mackerel on that trip.
(2) A vessel issued a limited access Atlantic mackerel permit intending to land more than 20,000 lb
(9.07 mt) of Atlantic mackerel must notify NMFS of the time and place of offloading at least 6 hr
prior prior to arrival, or, if fishing ends less than 6 hours before arrival, immediately upon leaving the
fishing grounds. The Regional Administrator may adjust the prior notification minimum time through
publication in the FEDERAL REGISTER consistent with the Administrative Procedure Act.
(o) Longfin squid VMS notification requirement. A vessel issued a Tier 1 or Tier 2 longfin squid moratorium
permit intending to harvest, possess, or land more than 2,500 lb (1.13 mt) of longfin squid on that trip
must notify NMFS by declaring a longfin squid trip before leaving port at the start of each trip.
(p) Illex squid VMS notification requirement. A vessel issued an Illex squid moratorium permit intending to
harvest, possess, or land 10,000 lb (4,536 kg) or more of Illex squid on that trip must notify NMFS by
declaring an Illex squid trip before leaving port at the start of each trip.
[74 FR 20530, May 4, 2009]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.10, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.11 Monitoring coverage.
(a) Coverage. The Regional Administrator may request any vessel holding a permit for Atlantic sea scallops,
Northeast multispecies, monkfish, skates, Atlantic mackerel, squid, butterfish, scup, black sea bass,
bluefish, spiny dogfish, Atlantic herring, tilefish, Atlantic surfclam, ocean quahog, or Atlantic deep-sea red
crab; or a moratorium permit for summer flounder; to carry a fisheries observer. A vessel holding a permit
for Atlantic sea scallops is subject to the additional requirements specific in paragraph (g) of this section.
Also, any vessel or vessel owner/operator that fishes for, catches or lands hagfish, or intends to fish for,
catch, or land hagfish in or from the exclusive economic zone must carry a fisheries observer when
requested by the Regional Administrator in accordance with the requirements of this section. The
requirements of this section do not apply to vessels with only a Federal private recreational tilefish permit.

50 CFR 648.11(a) (enhanced display)

page 95 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(b)

(b) Facilitating coverage. If requested by the Regional Administrator or their designees, including observers,
monitors, and NMFS staff, to be sampled by an observer or monitor, it is the responsibility of the vessel
owner or vessel operator to arrange for and facilitate observer or monitor placement. Owners or operators
of vessels selected for observer or monitor coverage must notify the appropriate monitoring service
provider before commencing any fishing trip that may result in the harvest of resources of the respective
fishery. Notification procedures will be specified in selection letters to vessel owners or permit holder
letters.
(c) Safety waivers. The Regional Administrator may waive the requirement to be sampled by an observer or
monitor if the facilities on a vessel for housing the observer or monitor, or for carrying out observer or
monitor functions, are so inadequate or unsafe that the health or safety of the observer or monitor, or the
safe operation of the vessel, would be jeopardized.
(d) Vessel requirements associated with coverage. An owner or operator of a vessel on which an observer or
monitor is embarked must:
(1) Provide accommodations and food that are equivalent to those provided to the crew.
(2) Allow the observer or monitor access to and use of the vessel's communications equipment and
personnel upon request for the transmission and receipt of messages related to the observer's or
monitor's duties.
(3) Provide true vessel locations, by latitude and longitude or loran coordinates, as requested by the
observer or monitor, and allow the observer or monitor access to and use of the vessel's navigation
equipment and personnel upon request to determine the vessel's position.
(4) Notify the observer or monitor in a timely fashion of when fishing operations are to begin and end.
(5) Allow for the embarking and debarking of the observer or monitor, as specified by the Regional
Administrator, ensuring that transfers of observers or monitors at sea are accomplished in a safe
manner, via small boat or raft, during daylight hours as weather and sea conditions allow, and with
the agreement of the observers or monitors involved.
(6) Allow the observer or monitor free and unobstructed access to the vessel's bridge, working decks,
holding bins, weight scales, holds, and any other space used to hold, process, weigh, or store fish.
(7) Allow the observer or monitor to inspect and copy any the vessel's log, communications log, and
records associated with the catch and distribution of fish for that trip.
(e) Vessel requirements associated with protected species. The owner or operator of a vessel issued a
summer flounder moratorium permit, a scup moratorium permit, a black sea bass moratorium permit, a
bluefish permit, a spiny dogfish permit, an Atlantic herring permit, an Atlantic deep-sea red crab permit, a
skate permit, or a tilefish permit, if requested by the observer or monitor, also must:
(1) Notify the observer or monitor of any sea turtles, marine mammals, summer flounder, scup, black
sea bass, bluefish, spiny dogfish, Atlantic herring, Atlantic deep-sea red crab, tilefish, skates
(including discards) or other specimens taken by the vessel.
(2) Provide the observer or monitor with sea turtles, marine mammals, summer flounder, scup, black sea
bass, bluefish, spiny dogfish, Atlantic herring, Atlantic deep-sea red crab, skates, tilefish, or other
specimens taken by the vessel.
(f) Coverage funded from outside sources. NMFS may accept observer or monitor coverage funded by
outside sources if:
50 CFR 648.11(f) (enhanced display)

page 96 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(f)(1)

(1) All coverage conducted by such observers or monitors is determined by NMFS to be in compliance
with NMFS' observer or monitor guidelines and procedures.
(2) The owner or operator of the vessel complies with all other provisions of this part.
(3) The observer or monitor is approved by the Regional Administrator.
(g) Industry-funded monitoring programs. Fishery management plans (FMPs) managed by the New England
Fishery Management Council (New England Council), including Atlantic Herring, Atlantic Salmon, Atlantic
Sea Scallops, Deep-Sea Red Crab, Northeast Multispecies, and Northeast Skate Complex, may include
industry-funded monitoring programs (IFM) to supplement existing monitoring required by the Standard
Bycatch Reporting Methodology (SBRM), Endangered Species Act, and the Marine Mammal Protection
Act. IFM programs may use observers, monitors, including at-sea monitors and portside samplers, and
electronic monitoring to meet specified IFM coverage targets. The ability to meet IFM coverage targets
may be constrained by the availability of Federal funding to pay NMFS cost responsibilities associated
with IFM.
(1) Guiding principles for new IFM programs. The Council's development of an IFM program must
consider or include the following:
(i)

A clear need or reason for the data collection;

(ii) Objective design criteria;
(iii) Cost of data collection should not diminish net benefits to the nation nor threaten continued
existence of the fishery;
(iv) Seek less data intensive methods to collect data necessary to assure conservation and
sustainability when assessing and managing fisheries with minimal profit margins;
(v) Prioritize the use of modern technology to the extent practicable; and
(vi) Incentives for reliable self-reporting.
(2) Process to implement and revise new IFM programs. New IFM programs shall be developed via an
amendment to a specific FMP. IFM programs implemented in an FMP may be revised via a
framework adjustment. The details of an IFM program may include, but are not limited to:
(i)

Level and type of coverage target;

(ii) Rationale for level and type of coverage;
(iii) Minimum level of coverage necessary to meet coverage goals;
(iv) Consideration of waivers if coverage targets cannot be met;
(v) Process for vessel notification and selection;
(vi) Cost collection and administration;
(vii) Standards for monitoring service providers; and
(viii) Any other measures necessary to implement the industry-funded monitoring program.
(3) NMFS cost responsibilities. IFM programs have two types of costs, NMFS and industry costs. Cost
responsibilities are delineated by the type of cost. NMFS cost responsibilities include the following:
(i)

The labor and facilities associated with training and debriefing of monitors;

50 CFR 648.11(g)(3)(i) (enhanced display)

page 97 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(g)(3)(ii)

(ii) NMFS-issued gear (e.g., electronic reporting aids used by human monitors to record trip
information);
(iii) Certification of monitoring service providers and individual observers or monitors; performance
monitoring to maintain certificates;
(iv) Developing and executing vessel selection;
(v) Data processing (including electronic monitoring video audit, but excluding service provider
electronic video review); and
(vi) Costs associated with liaison activities between service providers, and NMFS, Coast Guard,
New England Council, sector managers, and other partners.
(vii) The industry is responsible for all other costs associated with IFM programs.
(4) Prioritization process to cover NMFS IFM cost responsibilities.
(i)

Available Federal funding refers to any funds in excess of those allocated to meet SBRM
requirements or the existing IFM programs in the Atlantic Sea Scallop and Northeast
Multispecies FMPs that may be used to cover NMFS cost responsibilities associated with IFM
coverage targets. If there is no available Federal funding in a given year to cover NMFS IFM cost
responsibilities, then there shall be no IFM coverage during that year. If there is some available
Federal funding in a given year, but not enough to cover all of NMFS cost responsibilities
associated with IFM coverage targets, then the New England Council will prioritize available
Federal funding across IFM programs during that year. Existing IFM programs for Atlantic sea
scallops and Northeast multispecies fisheries shall not be included in this prioritization
process.

(ii) Programs with IFM coverage targets shall be prioritized using an equal weighting approach,
such that any available Federal funding shall be divided equally among programs.
(iii) After NMFS determines the amount of available Federal funding for the next fishing year, NMFS
shall provide the New England Council with the estimated IFM coverage levels for the next
fishing year. The estimated IFM coverage levels would be based on the equal weighting
approach and would include the rationale for any deviations from the equal weighting
approach. The New England Council may recommend revisions and additional considerations
to the Regional Administrator and Science and Research Director.
(A) If available Federal funding exceeds that needed to pay all of NMFS cost responsibilities
for administering IFM programs, the New England Council may request NMFS to use
available funding to help offset industry cost responsibilities through reimbursement.
(B) [Reserved]
(iv) Revisions to the prioritization process may be made via a framework adjustment to all New
England FMPs.
(v) Revisions to the weighting approach for the New England Council-led prioritization process may
be made via a framework adjustment to all New England FMPs or by the New England Council
considering a new weighting approach at a public meeting, where public comment is accepted,
and requesting NMFS to publish a notice or rulemaking revising the weighting approach. NMFS
shall implement revisions to the weighting approach in a manner consistent with the
Administrative Procedure Act.
50 CFR 648.11(g)(4)(v) (enhanced display)

page 98 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(g)(5)

(5) IFM program monitoring service provider requirements. IFM monitoring service provider requirements
shall be consistent with requirements in paragraph (h) of this section and observer or monitor
requirements shall be consistent with requirements in paragraph (i) of this section.
(6) Monitoring set-aside. The New England Council may develop a monitoring set-aside program for
individual FMPs that would devote a portion of the annual catch limit for a fishery to help offset the
industry cost responsibilities for monitoring coverage, including observers, at-sea monitors, portside
samplers, and electronic monitoring.
(i)

The details of a monitoring set-aside program may include, but are not limited to:
(A) The basis for the monitoring set-aside;
(B) The amount of the set-aside (e.g., quota, days at sea);
(C) How the set-aside is allocated to vessels required to pay for monitoring (e.g., an increased
trip limit, differential days at sea counting, additional trips, an allocation of the quota);
(D) The process for vessel notification;
(E) How funds are collected and administered to cover the industry's costs of monitoring; and
(F) Any other measures necessary to develop and implement a monitoring set-aside.

(ii) The New England Council may develop new monitoring set-asides and revise those monitoring
set-asides via a framework adjustment to the relevant FMP.
(h) Monitoring service provider approval and responsibilities —
(1) General. An entity seeking to provide monitoring services, including services for IFM Programs
described in paragraph (g) of this section, must apply for and obtain approval from NMFS following
submission of a complete application. Monitoring services include providing observers, monitors (atsea monitors and portside samplers), and/or electronic monitoring. A list of approved monitoring
service providers shall be distributed to vessel owners and shall be posted on the NMFS Fisheries
Sampling Branch (FSB) website: https://www.fisheries.noaa.gov/resource/data/observer-providersnortheast-and-mid-atlantic-programs.
(2) [Reserved]
(3) Contents of application. An application to become an approved monitoring service provider shall
contain the following:
(i)

Identification of the management, organizational structure, and ownership structure of the
applicant's business, including identification by name and general function of all controlling
management interests in the company, including but not limited to owners, board members,
officers, authorized agents, and staff. If the applicant is a corporation, the articles of
incorporation must be provided. If the applicant is a partnership, the partnership agreement
must be provided.

(ii) The permanent mailing address, phone and fax numbers where the owner(s) can be contacted
for official correspondence, and the current physical location, business mailing address,
business telephone and fax numbers, and business email address for each office.

50 CFR 648.11(h)(3)(ii) (enhanced display)

page 99 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(h)(3)(iii)

(iii) A statement, signed under penalty of perjury, from each owner or owners, board members, and
officers, if a corporation, that they are free from a conflict of interest as described under
paragraph (h)(6) of this section.
(iv) A statement, signed under penalty of perjury, from each owner or owners, board members, and
officers, if a corporation, describing any criminal conviction(s), Federal contract(s) they have
had and the performance rating they received on the contracts, and previous decertification
action(s) while working as an observer or monitor or monitoring service provider.
(v) A description of any prior experience the applicant may have in placing individuals in remote
field and/or marine work environments. This includes, but is not limited to, recruiting, hiring,
deployment, and personnel administration.
(vi) A description of the applicant's ability to carry out the responsibilities and duties of a
monitoring service provider as set out under paragraph (h)(5) of this section, and the
arrangements to be used.
(vii) Evidence of holding adequate insurance to cover injury, liability, and accidental death for any
observers, monitors (at-sea or dockside/roving monitors), or electronic monitoring provider
staff who provide electronic monitoring services onboard vessels, whether contracted or
directly employed by the service provider, during their period of employment (including during
training).
(A) A monitoring service provider must hold insurance specified at § 600.748(b) and (c) of this
chapter.
(B) An electronic monitoring service provider must hold Worker's Compensation and
commercial general liability coverage for electronic monitoring provider staff. The
minimum combined coverage required is $1 million.
(C) Upon request by a vessel owner, operator, or vessel manager, a monitoring service provider
must provide a certificate of insurance, or other evidence, that demonstrates they have the
required coverages under paragraphs (h)(3)(vii)(A) and (B) of this section as appropriate.
(viii) Proof that its observers or monitors, whether contracted or employed by the service provider,
are compensated with salaries that meet or exceed the U.S. Department of Labor (DOL)
guidelines for observers. Observers shall be compensated as Fair Labor Standards Act (FLSA)
non-exempt employees. Monitoring service providers shall provide any other benefits and
personnel services in accordance with the terms of each observer's or monitor's contract or
employment status.
(ix) The names of its fully equipped certified observers, monitors, or video reviewers on staff; or a
list of its training candidates (with resumes) and a request for an appropriate NMFS-certified
training class. All training classes have a minimum class size of eight individuals, which may be
split among multiple vendors requesting training. Requests for training classes with fewer than
eight individuals will be delayed until further requests make up the full training class size.
(x) An Emergency Action Plan (EAP) describing its response to an emergency with an observer,
monitor, or electronic monitoring provider staff on a vessel at sea or in port, including, but not
limited to, personal injury, death, harassment, or intimidation. The EAP shall include
communications protocol and appropriate contact information in an emergency.
(4) Application evaluation.
50 CFR 648.11(h)(4) (enhanced display)

page 100 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.11(h)(4)(i)

NMFS shall review and evaluate each application submitted under paragraph (h)(3) of this
section. Issuance of approval as a monitoring service provider shall be based on completeness
of the application, and a determination by NMFS of the applicant's ability to perform the duties
and responsibilities of a monitoring service provider, as demonstrated in the application
information. A decision to approve or deny an application shall be made by NMFS within 15
business days of receipt of the application by NMFS.

(ii) If NMFS approves the application, the monitoring service provider's name will be added to the
list of approved monitoring service providers found on the NMFS/FSB website and in any
outreach information to the industry. Approved monitoring service providers shall be notified in
writing and provided with any information pertinent to its participation in the observer or
monitor programs.
(iii) An application shall be denied if NMFS determines that the information provided in the
application is not complete or the evaluation criteria are not met. NMFS shall notify the
applicant in writing of any deficiencies in the application or information submitted in support of
the application. An applicant who receives a denial of his or her application may present
additional information to rectify the deficiencies specified in the written denial, provided such
information is submitted to NMFS within 30 days of the applicant's receipt of the denial
notification from NMFS. In the absence of additional information, and after 30 days from an
applicant's receipt of a denial, a monitoring service provider is required to resubmit an
application containing all of the information required under the application process specified in
paragraph (h)(3) of this section to be re-considered for being added to the list of approved
monitoring service providers.
(5) Responsibilities of monitoring service providers —To maintain an approved monitoring service
provider status, a monitoring service provider, including electronic monitoring service providers,
must demonstrate an ability to provide or support the following monitoring services:
(i)

Certified observers or monitors. Provide observers or monitors that have passed a NMFScertified Observer or Monitor Training class pursuant to paragraph (i) of this section for
deployment in a fishery when contacted and contracted by the owner, operator, or vessel
manager of a fishing vessel, unless the monitoring service provider refuses to deploy an
observer or monitor on a requesting vessel for any of the reasons specified at paragraph
(h)(5)(viii) of this section.

(ii) Support for observers, monitors, or electronic monitoring provider staff. Ensure that each of its
observers, monitors, or electronic monitoring provider staff procures or is provided with the
following:
(A) All necessary transportation, lodging costs and support for arrangements and logistics of
travel for observers, monitors, or electronic monitoring provider staff to and from the initial
location of deployment, to all subsequent vessel assignments, to any debriefing locations,
and for appearances in Court for monitoring-related trials as necessary;
(B) Lodging, per diem, and any other services necessary for observers, monitors, or electronic
monitoring provider staff assigned to a fishing vessel or to attend an appropriate NMFS
training class;
(C) The required observer, monitor, or electronic monitoring equipment, in accordance with
equipment requirements, prior to any deployment and/or prior to certification training; and
50 CFR 648.11(h)(5)(ii)(C) (enhanced display)

page 101 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(h)(5)(ii)(D)

(D) Individually assigned communication equipment, in working order, such as a mobile
phone, for all necessary communication. A monitoring service provider may alternatively
compensate observers or monitors for the use of the observer's or monitor's personal
mobile phone, or other device, for communications made in support of, or necessary for,
the observer's or monitor's duties.
(iii) Deployment logistics.
(A) Assign an available observer or monitor to a vessel upon request. For service providers
contracted to meet the requirements of the Northeast multispecies monitoring program in
paragraph (l) of this section, assign available at-sea monitors, electronic monitoring
provider staff, and other approved at-sea monitoring mechanisms fairly and equitably in a
manner that represents fishing activities within each sector throughout the fishing year
without regard to any sector manager or vessel representative preference.
(B) Enable an owner, operator, or manager of a vessel to secure monitoring coverage or
electronic monitoring technical support when requested, 24 hours per day, 7 days per
week via a telephone or other notification system that is monitored a minimum of four
times daily to ensure rapid response to industry requests.
(iv) Observer deployment limitations.
(A) A candidate observer's first several deployments and the resulting data shall be
immediately edited and approved after each trip by NMFS prior to any further deployments
by that observer. If data quality is considered acceptable, the observer would be certified.
(B) For the purpose of coverage to meet SBRM requirements in § 648.18, unless alternative
arrangements are approved by NMFS, a monitoring service provider must not deploy any
observer on the same vessel for more than two consecutive multi-day trips, and not more
than twice in any given month for multi-day deployments.
(C) For the purpose of coverage to meet IFM requirements in this section, a monitoring service
provider may deploy any observer or monitor on the same vessel for more than two
consecutive multi-day trips and more than twice in any given month for multi-day
deployments.
(v) Communications with observers and monitors. A monitoring service provider must have an
employee responsible for observer or monitor activities on call 24 hours a day to handle
emergencies involving observers or monitors or problems concerning observer or monitor
logistics, whenever observers or monitors are at sea, stationed portside, in transit, or in port
awaiting vessel assignment.
(vi) Observer and monitor training requirements. Ensure all observers and monitors attend and
complete a NMFS-certified Observer or Monitor Training class. Requests for training must be
submitted to NMFS 45 calendar days in advance of the requested training. The following
information must be submitted to NMFS at least 15 business days prior to the beginning of the
proposed training: A list of observer or monitor candidates; candidate resumes, cover letters
and academic transcripts; and a statement signed by the candidate, under penalty of perjury,
that discloses the candidate's criminal convictions, if any. A medical report certified by a
physician for each candidate is required 7 business days prior to the first day of training. CPR/
First Aid certificates and a final list of training candidates with candidate contact information
(email, phone, number, mailing address and emergency contact information) are due 7
50 CFR 648.11(h)(5)(vi) (enhanced display)

page 102 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(h)(5)(vii)

business days prior to the first day of training. NMFS may reject a candidate for training if the
candidate does not meet the minimum qualification requirements as outlined by NMFS
minimum eligibility standards for observers or monitors as described on the National Observer
Program website: https://www.fisheries.noaa.gov/topic/fishery-observers#become-an-observer.
(vii) Reports and requirements —
(A) Deployment reports.
(1) Report to NMFS when, where, to whom, and to what vessel an observer or monitor
has been deployed, as soon as practicable, and according to requirements outlined
by NMFS. The deployment report must be available and accessible to NMFS
electronically 24 hours a day, 7 days a week.
(2) Ensure that the raw (unedited) data collected by the observer or monitor is provided
to NMFS at the specified time per program. Electronic data submission protocols will
be outlined in training and may include accessing Government websites via personal
computers/devices or submitting data through Government issued electronics.
(B) Safety refusals. Report to NMFS any trip or landing that has been refused due to safety
issues (e.g., failure to hold a valid U.S. Coast Guard (USCG) Commercial Fishing Vessel
Safety Examination Decal or to meet the safety requirements of the observer's or
monitor's safety checklist) within 12 hours of the refusal.
(C) Biological samples. Ensure that biological samples, including whole marine mammals, sea
turtles, sea birds, and fin clips or other DNA samples, are stored/handled properly and
transported to NMFS within 5 days of landing. If transport to NMFS Observer Training
Facility is not immediately available then whole animals requiring freezing shall be
received by the nearest NMFS freezer facility within 24 hours of vessel landing.
(D) Debriefing. Ensure that the observer, monitor, or electronic monitoring provider staff
remains available to NMFS, either in-person or via phone, at NMFS' discretion, including
NMFS Office of Law Enforcement, for debriefing for at least 2 weeks following any
monitored trip/offload or electronic monitoring trip report submission. If requested by
NMFS, an observer or monitor that is at sea during the 2-week period must contact NMFS
upon his or her return. Monitoring service providers must pay for travel and land hours for
any requested debriefings.
(E) Availability report. The monitoring service provider must report to NMFS any inability to
respond to an industry request for observer or monitor coverage due to the lack of
available observers or monitors as soon as practicable. Availability report must be
available and accessible to NMFS electronically 24 hours a day, 7 days a week.
(F) Incident reports. Report possible observer, monitor, or electronic monitoring provider staff
harassment, discrimination, concerns about vessel safety, or marine casualty; concerns
with possible electronic monitoring system tampering, data loss, or catch handling
protocols; or observer or monitor illness or injury; or other events as specified by the
Regional Administrator; and any information, allegations, or reports regarding observer,
monitor, or electronic monitoring provider staff conflict of interest or breach of the
standards of behavior, to NMFS within 12 hours of the event or within 12 hours of learning
of the event.

50 CFR 648.11(h)(5)(vii)(F) (enhanced display)

page 103 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(h)(5)(vii)(G)

(G) Status report.
(1) Provide NMFS with an updated list of contact information for all observers or
monitors that includes the identification number, name, mailing address, email
address, phone numbers, homeports or fisheries/trip types assigned, and must
include whether or not the observer or monitor is “in service,” indicating when the
observer or monitor has requested leave and/or is not currently working for an
industry-funded program.
(2) Place any federally contracted observer not actively deployed on a vessel for 30 days
on Leave of Absence (LOA) status (or as specified by NMFS) according to most
recent Information Technology Security Guidelines.
(3) Ensure federally contracted observers on LOA for 90 days or more conduct an exit
interview with NMFS and return any NMFS issued gear and Common Access Card
(CAC), unless alternative arrangements are approved by NMFS. NMFS requires
2-week advance notification when a federally contracted observer is leaving the
program so that an exit interview may be arranged and gear returned.
(H) Vessel contract. Submit to NMFS, if requested, a copy of each type of signed and valid
contract (including all attachments, appendices, addendums, and exhibits incorporated
into the contract) between the monitoring service provider and those entities requiring
monitoring services.
(I)

Observer, monitor, or electronic monitoring provider staff contract. Submit to NMFS, if
requested, a copy of each type of signed and valid contract (including all attachments,
appendices, addendums, and exhibits incorporated into the contract) between the
monitoring service provider and specific observers, monitors, or electronic monitoring
provider staff.

(J) Additional information. Submit to NMFS, if requested, copies of any information developed
and/or used by the monitoring service provider and distributed to vessels, observers,
monitors, or electronic monitoring provider staff such as informational pamphlets,
payment notification, daily rate of monitoring or review services, description of observer or
monitor duties, etc.
(K) Discard estimates. Estimate discards for each trip and provide such information to the
sector manager and NMFS when providing monitoring services to meet catch estimation
and/or at-sea or electronic monitoring service requirements in paragraph (l) of this
section.
(L) Data system. If contracted to meet the requirements of the groundfish sector monitoring
program in paragraph (l) of this section, maintain an electronic monitoring system to
record, retain, and distribute to NMFS upon request for a minimum of 12 months after
receiving notice from NMFS that catch data are finalized for the fishing year, the following
information:
(1) The number of at-sea monitor deployments and other approved monitoring
equipment deployments or video reviews, including any refusal to provide service
when requested and reasons for such refusals;
(2) Incident/non-compliance reports (e.g., failure to offload catch);
50 CFR 648.11(h)(5)(vii)(L)(2) (enhanced display)

page 104 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(h)(5)(vii)(L)(3)

(3) Vessel hail reports and landings records;
(4) Electronic monitoring data and reports; and
(5) A means to protect the confidentiality and privacy of data submitted by vessels, as
required by the Magnuson-Stevens Act.
(M) Data retention. Ensure that electronic monitoring data and reports are retained for a
minimum of 12 months after catch data are finalized for the fishing year. NMFS will notify
monitoring service providers of the catch data finalization date each year. The electronic
monitoring service provider must provide NMFS access to electronic monitoring data or
reports upon request.
(N) Software requirements. Provide NMFS with all software necessary for accessing, viewing,
and interpreting the data generated by the electronic monitoring system, including
submitting the agency's secondary review data to the application programming interface
and maintenance releases to correct errors in the software or enhance software
functionality. The software must:
(1) Support a “dual user” system that allows NMFS to complete and submit secondary
reviews to the application programming interface.
(2) Allow for the export or download of electronic monitoring data in order for the agency
to make a copy if necessary.
(O) Software training. Provide software training for NMFS staff.
(P) Facilitation. Provide the following to NMFS upon request:
(1) Assistance in electronic monitoring system operations, diagnosing/resolving
technical issues, and recovering lost or corrupted data;
(2) Responses to inquiries related to data summaries, analyses, reports, and operational
issues; and
(3) Access to video reviewers for debriefing sessions.
(Q) Litigation support. Provide technical and expert information substantiating electronic
monitoring system data, testing procedures, error rates, peer review or other issues raised
in litigation, including but not limited to, a brief summary of the litigation and any court
findings on the reliability of the technology.
(viii) Refusal to deploy an observer or monitor.
(A) A monitoring service provider may refuse to deploy an observer or monitor on a requesting
fishing vessel if the monitoring service provider does not have an available observer or
monitor within the required time and must report all refusals to NMFS/FSB.
(B) A monitoring service provider may refuse to deploy an observer or monitor on a requesting
fishing vessel if the monitoring service provider has determined that the requesting vessel
is inadequate or unsafe pursuant to the reasons described at § 600.746.

50 CFR 648.11(h)(5)(viii)(B) (enhanced display)

page 105 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(h)(5)(viii)(C)

(C) The monitoring service provider may refuse to deploy an observer or monitor on a fishing
vessel that is otherwise eligible to carry an observer or monitor for any other reason,
including failure to pay for previous monitoring deployments, provided the monitoring
service provider has received prior written confirmation from NMFS authorizing such
refusal.
(6) Limitations on conflict of interest. A monitoring service provider:
(i)

Must not have a direct or indirect interest in a fishery managed under Federal regulations,
including, but not limited to, a fishing vessel, fish dealer, and/or fishery advocacy group (other
than providing monitoring services);

(ii) Must assign observers or monitors without regard to any preference by representatives of
vessels other than when an observer or monitor will be deployed for the trip that was selected
for coverage; and
(iii) Must not solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or
anything of monetary value from anyone who conducts fishing or fishing related activities that
are regulated by NMFS, or who has interests that may be substantially affected by the
performance or nonperformance of the official duties of monitoring service providers.
(7) Removal of monitoring service provider from the list of approved service providers. A monitoring
service provider that fails to meet the requirements, conditions, and responsibilities specified in
paragraphs (h)(5) and (6) of this section shall be notified by NMFS, in writing, that it is subject to
removal from the list of approved monitoring service providers. Such notification shall specify the
reasons for the pending removal. A monitoring service provider that has received notification that it
is subject to removal from the list of approved monitoring service providers may submit written
information to rebut the reasons for removal from the list. Such rebuttal must be submitted within 30
days of notification received by the monitoring service provider that the monitoring service provider
is subject to removal and must be accompanied by written evidence rebutting the basis for removal.
NMFS shall review information rebutting the pending removal and shall notify the monitoring service
provider within 15 days of receipt of the rebuttal whether or not the removal is warranted. If no
response to a pending removal is received by NMFS, the monitoring service provider shall be
automatically removed from the list of approved monitoring service providers. The decision to
remove the monitoring service provider from the list, either after reviewing a rebuttal, or if no rebuttal
is submitted, shall be the final decision of NMFS and the Department of Commerce. Removal from
the list of approved monitoring service providers does not necessarily prevent such monitoring
service provider from obtaining an approval in the future if a new application is submitted that
demonstrates that the reasons for removal are remedied. Observers and monitors under contract
with observer monitoring service provider that has been removed from the list of approved service
providers must complete their assigned duties for any fishing trips on which the observers or
monitors are deployed at the time the monitoring service provider is removed from the list of
approved monitoring service providers. A monitoring service provider removed from the list of
approved monitoring service providers is responsible for providing NMFS with the information
required in paragraph (h)(5)(vii) of this section following completion of the trip. NMFS may consider,
but is not limited to, the following in determining if a monitoring service provider may remain on the
list of approved monitoring service providers:
(i)

Failure to meet the requirements, conditions, and responsibilities of monitoring service
providers specified in paragraphs (h)(5) and (6) of this section;

50 CFR 648.11(h)(7)(i) (enhanced display)

page 106 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(h)(7)(ii)

(ii) Evidence of conflict of interest as defined under paragraph (h)(6) of this section;
(iii) Evidence of criminal convictions related to:
(A) Embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property; or
(B) The commission of any other crimes of dishonesty, as defined by state law or Federal law,
that would seriously and directly affect the fitness of an applicant in providing monitoring
services under this section; and
(iv) Unsatisfactory performance ratings on any Federal contracts held by the applicant; and
(v) Evidence of any history of decertification as either an observer, monitor, video reviewer, or
monitoring service provider.
(i)

Observer, monitor, or video reviewer certification —
(1) Requirements. To be certified as an observer, or monitor, or video reviewer, a monitoring service
provider employee or contractor must meet the criteria in paragraphs (i)(1) through (3) of this
section for observers, or paragraphs (i)(1), (2), and (4) of this section for monitors, and paragraphs
(i)(1), (2), and (5) of this section for video reviewers, respectively. Observers are deemed to have
satisfied the basic minimum eligibility requirements if they meet the NMFS National Minimum
Eligibility Standards for observers specified at the National Observer Program website:
https://www.fisheries.noaa.gov/topic/fishery-observers#become-an-observer.
(2) Training. In order to provide observer or monitor services and be deployed on any fishing vessel, a
candidate observer or monitor must have passed an appropriate NMFS-certified Observer or Monitor
Training course and must adhere to all NMFS program standards and policies. In order to perform
electronic monitoring video review, a candidate video reviewer must have passed an appropriate
NMFS-certified Video Review Training course and must adhere to all NMFS program standards and
policies. NMFS will immediately notify any candidate that fails training and the monitoring service
provider. Observer or monitor training may include an observer training trip, as part of the observer's
training, aboard a fishing vessel with a trainer. Contact NMFS for the required number of program
specific observer and monitor training certification trips for full certification following training.
(3) Observer requirements. All observers must:
(i)

Have a valid NMFS fisheries observer certification pursuant to paragraph (i)(1) of this section;

(ii) Be physically and mentally capable of carrying out the responsibilities of an observer on board
fishing vessels, pursuant to standards established by NMFS. Such standards shall be provided
to each approved monitoring service provider.
(iii) Have successfully completed all NMFS-required training and briefings for observers before
deployment, pursuant to paragraph (i)(2) of this section;
(iv) Hold a current Red Cross (or equivalence) CPR/First Aid certification;
(v) Accurately record their sampling data, write complete reports, and report accurately any
observations relevant to conservation of marine resources or their environment; and
(vi) Report unsafe sampling conditions, pursuant to paragraph (m)(6) of this section.
(4) Monitor requirements. All monitors must:
50 CFR 648.11(i)(4) (enhanced display)

page 107 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.11(i)(4)(i)

Hold a high school diploma or legal equivalent;

(ii) Have a valid NMFS certification pursuant to paragraph (i)(1) of this section;
(iii) Be physically and mentally capable of carrying out the responsibilities of a monitor on board
fishing vessels, pursuant to standards established by NMFS. Such standards shall be provided
to each approved monitoring service provider.
(iv) Have successfully completed all NMFS-required training and briefings for monitors before
deployment, pursuant to paragraph (i)(2) of this section;
(v) Hold a current Red Cross (or equivalence) CPR/First Aid certification if the monitor is to be
employed as an at-sea monitor;
(vi) Accurately record their sampling data, write complete reports, and report accurately any
observations relevant to conservation of marine resources or their environment; and
(vii) Report unsafe sampling conditions, pursuant to paragraph (m)(6) of this section.
(5) Video reviewer requirements. All video reviewers must:
(i)

Hold a high school diploma or legal equivalent;

(ii) Have a valid NMFS certification pursuant to paragraph (i)(1) of this section; and
(iii) Accurately record sampling data, write complete reports, and report accurately any
observations relevant to conservation of marine resources or their environment.
(6) Probation and decertification. NMFS may review observer, monitor, and video reviewer certifications
and issue observer, monitor, and video reviewer certification probations and/or decertifications as
described in NMFS policy.
(7) Issuance of decertification. Upon determination that decertification is warranted under paragraph
(i)(6) of this section, NMFS shall issue a written decision to decertify the observer, monitor, or video
reviewer to the observer, monitor, or video reviewer and approved monitoring service provider via
certified mail at the observer's, monitor's, or video reviewer's most current address provided to
NMFS. The decision shall identify whether a certification is revoked and shall identify the specific
reasons for the action taken. Decertification is effective immediately as of the date of issuance,
unless the decertification official notes a compelling reason for maintaining certification for a
specified period and under specified conditions. Decertification is the final decision of NMFS and the
Department of Commerce and may not be appealed.
(j)

Coverage. In the event that a vessel is requested by the Regional Administrator to carry a fisheries
observer pursuant to paragraph (a) of this section and is also selected to carry an at-sea monitor as part
of an approved sector at-sea monitoring program specified in paragraph (l) of this section for the same
trip, only the fisheries observer is required to go on that particular trip. Vessels using electronic
monitoring to satisfy the groundfish sector monitoring program requirement must comply with their
vessel monitoring plan on all trips, including a trip that has been selected to carry, or a trip that carries, a
fisheries observer.

(k) Atlantic sea scallop observer program —
(1) General. Unless otherwise specified, owners, operators, and/or managers of vessels issued a Federal
scallop permit under § 648.4(a)(2), and specified in paragraph (a) of this section, must comply with
this section and are jointly and severally responsible for their vessel's compliance with this section.
50 CFR 648.11(k)(1) (enhanced display)

page 108 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(k)(2)

To facilitate the deployment of at-sea observers, all sea scallop vessels issued limited access, LAGC
IFQ, and LAGC NGOM permits are required to comply with the additional notification requirements
specified in paragraph (k)(2) of this section. When NMFS informs the vessel owner, operator, and/or
manager of any requirement to carry an observer on a specified trip in either an Access Area, Open
Area, or NGOM as specified in paragraph (k)(3) of this section, the vessel may not fish for, take,
retain, possess, or land any scallops without carrying an observer. Vessels may only embark on a
scallop trip without an observer if the vessel owner, operator, and/or manager has been informed
that the vessel has received a waiver of the observer requirement for that trip pursuant to
paragraphs (k)(3) of this section.
(2) Vessel notification procedures. Scallop limited access, LAGC IFQ, and LAGC NGOM vessel owners,
operators, or managers shall notify NMFS via a Pre-Trip Notification System (PTNS) at least 48
hours, but not more than 10 days, prior to the beginning of any federal scallop trip of all requested
stratification information (e.g., permit category, access area/area to be fished, gear, and EFP
participation) and deployment details (e.g., sail date, sail time, port of departure, estimated trip
duration).
(3) Selection of scallop trips for observer coverage. Based on predetermined coverage levels for various
permit categories and areas of the scallop fishery that are provided by NMFS in writing to all
observer service providers approved pursuant to paragraph (h) of this section, NMFS shall inform the
vessel owner, operator, or vessel manager whether the vessel must carry an observer, or if a waiver
has been granted, for the specified scallop trip, at least 24 hours prior to the PTNS sail time of that
trip notification. All assignments and waivers of observer coverage shall be issued to the vessel. A
vessel may not fish in an area with an observer waiver confirmation number that does not match the
scallop trip plan that was submitted to NMFS. PTNS notifications that are canceled are not
considered active notifications, and a vessel may not sail on a federal scallop trip on a canceled
notification.
(4) Procurement of observer services by scallop vessels.
(i)

An owner of a scallop vessel required to carry an observer under paragraph (k)(3) of this
section must carry an observer that has passed a NMFS-certified Observer Training class
certified by NMFS from an observer service provider approved by NMFS under paragraph (h) of
this section. The PTNS will offer selected trips to approved observer service providers in a
manner that will take into account the vessels' provider preferences, but final outcomes will be
dependent on the observer availability of each provider. The PTNS will inform the owner,
operator, or vessel manager of a trip's selection outcome between 48 and 24 hours prior to the
PTNS sail time. The PTNS will specify the trip's outcome (i.e., selection to carry an observer or a
waiver), as well as which provider has been assigned to provide any required coverage along
with their contact information. Vessels shall communicate trip details with the assigned
observer provider company within a reasonable timeframe after the provider has been
assigned. A list of approved observer service providers shall be posted on the NMFS/FSB
website: https://www.fisheries.noaa.gov/resource/data/observer-providers-northeast-and-midatlantic-programs. Observers are not required to be available earlier than the PTNS sail time for
that trip notification. Unless otherwise determined by the Regional Administrator or their
delegate, if an observer is not available for a trip, providers will indicate as such in the PTNS,
and the trip will be waived of the coverage requirement, as appropriate. Upon initial selection,
providers will indicate their availability to cover a trip between 48 and 24 hours prior to the
PTNS sail time for that trip notification, however extenuating circumstances impacting the

50 CFR 648.11(k)(4)(i) (enhanced display)

page 109 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(k)(4)(ii)

observer's availability (e.g., illness or transportation issues) may result in a waiver within 24
hours of the vessel's sail time. A vessel of any eligible permit type may not begin a selected trip
without the assigned observer unless having been issued a waiver.
(ii) An owner, operator, or vessel manager of a vessel that cannot procure an observer within 48 hr
of the advance notification to the provider due to the unavailability of an observer may request
a waiver from NMFS from the requirement for observer coverage for that trip, but only if the
owner, operator, or vessel manager has contacted all of the available observer service providers
to secure observer coverage and no observer is available. NMFS shall issue such a waiver
within 24 hr, if the conditions of this paragraph (k)(4)(ii) are met. A vessel may not begin the trip
without being issued a waiver.
(5) Cost of coverage. Owners of scallop vessels shall be responsible for paying the cost of the observer
for all scallop trips on which an observer is carried onboard the vessel, regardless of whether the
vessel lands or sells sea scallops on that trip, and regardless of the availability of set-aside for an
increased possession limit or reduced DAS accrual rate. The owners of vessels that carry an
observer may be compensated with a reduced DAS accrual rate for limited access open area scallop
trips or additional scallop catch per day for limited access Sea Scallop Access Area trips or
additional catch per open area or access area trip for LAGC IFQ trips or additional catch per NGOM
trip in order to help defray the cost of the observer, under the program specified in §§ 648.53 and
648.60.
(i)

Observer service providers shall establish the daily rate for observer coverage on a scallop
vessel on an Access Area trip or open area DAS or IFQ trip or NGOM trip consistent with
paragraphs (k)(5)(i)(A) and (B), respectively, of this section.
(A) Access Area trips.
(1) For purposes of determining the daily rate for an observed scallop trip on a limited
access vessel in a Sea Scallop Access Area when that specific Access Area's
observer set-aside specified in § 648.60(d)(1) has not been fully utilized, a service
provider may charge a vessel owner for no more than the time an observer boards a
vessel until the vessel disembarks (dock to dock), where “day” is defined as a 24-hr
period, or any portion of a 24-hr period, regardless of the calendar day. For example,
if a vessel with an observer departs on July 1 at 10 p.m. and lands on July 3 at 1
a.m., the time at sea equals 27 hr, which would equate to 2 full “days.”
(2) For purposes of determining the daily rate in a specific Sea Scallop Access Area for
an observed scallop trip on a limited access vessel taken after NMFS has announced
the industry-funded observer set-aside in that specific Access Area has been fully
utilized, a service provider may charge a vessel owner for no more than the time an
observer boards a vessel until the vessel disembarks (dock to dock), where “day” is
defined as a 24-hr period, and portions of the other days would be pro-rated at an
hourly charge (taking the daily rate divided by 24). For example, if a vessel with an
observer departs on July 1 at 10 p.m. and lands on July 3 at 1 a.m., the time spent at
sea equals 27 hr, which would equate to 1 day and 3 hr.
(3) For purposes of determining the daily rate in a specific Sea Scallop Access Area for
observed scallop trips on an LAGC vessel, regardless of the status of the industryfunded observer set-aside, a service provider may charge a vessel owner for no more
than the time an observer boards a vessel until the vessel disembarks (dock to dock),

50 CFR 648.11(k)(5)(i)(A)(3) (enhanced display)

page 110 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(k)(5)(i)(B)

where “day” is defined as a 24-hr period, and portions of the other days would be prorated at an hourly charge (taking the daily rate divided by 24). For example, if a vessel
with an observer departs on July 1 at 10 p.m. and lands on July 3 at 1 a.m., the time
spent at sea equals 27 hr, which would equate to 1 day and 3 hr.
(B) Open area scallop trips. For purposes of determining the daily rate for an observed scallop
trip for DAS or LAGC IFQ open area trips, regardless of the status of the industry-funded
observer set-aside, a service provider shall charge dock to dock where “day” is defined as
a 24-hr period, and portions of the other days would be pro-rated at an hourly charge
(taking the daily rate divided by 24). For example, if a vessel with an observer departs on
the July 1st at 10 p.m. and lands on July 3rd at 1 a.m., the time at sea equals 27 hr, so the
provider would charge 1 day and 3 hr.
(C) NGOM scallop trips. For purposes of determining the daily rate in the NGOM for observed
scallop trips on a limited access or LAGC vessel, regardless of the status of the industryfunded observer set-aside, a service provider may charge a vessel owner for no more than
the time an observer boards a vessel until the vessel disembarks (dock to dock), where
“day” is defined as a 24-hr period, and portions of the other days would be pro-rated at an
hourly charge (taking the daily rate divided by 24). For example, if a vessel with an
observer departs on July 1 at 10 p.m. and lands on July 3 at 1 a.m., the time spent at sea
equals 27 hr, which would equate to 1 day and 3 hr.
(ii) NMFS shall determine any reduced DAS accrual rate and the amount of additional pounds of
scallops on Sea Scallop Access Area, LAGC IFQ, and NGOM trips based on the economic
conditions of the scallop fishery, as determined by best available information. Vessel owners
and observer service providers shall be notified through the Small Entity Compliance Guide of
any DAS accrual rate changes and any changes in additional pounds of scallops determined by
the Regional Administrator to be necessary. NMFS shall notify vessel owners and observer
providers of any adjustments.
(iii) Owners of scallop vessels shall pay observer service providers for observer services within 45
days of the end of a fishing trip on which an observer deployed.
(6) Coverage and cost requirements. When the available set-aside for observer coverage is exhausted,
vessels shall still be required to carry an observer as specified in this section, and shall be
responsible for paying for the cost of the observer, but shall not be authorized to harvest additional
pounds or fish at a reduced DAS accrual rate.
(l)

NE multispecies observer coverage —
(1) Groundfish sector monitoring program goals and objectives. The primary goal of the at-sea/electronic
monitoring program is to verify area fished, as well as catch and discards by species and gear type,
in the most cost-effective means practicable. The following goals and objectives of groundfish
monitoring programs are equally-weighted secondary goals by which monitoring programs
established for the NE multispecies are to be designed to be consistent with:
(i)

Improve documentation of catch:
(A) Determine total catch and effort, for each sector and common pool, of target or regulated
species and ocean pout; and

50 CFR 648.11(l)(1)(i)(A) (enhanced display)

page 111 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(l)(1)(i)(B)

(B) Achieve coverage level sufficient to minimize effects of potential monitoring bias to the
extent possible while maintaining as much flexibility as possible to enhance fleet viability.
(ii) Reduce the cost of monitoring:
(A) Streamline data management and eliminate redundancy;
(B) Explore options for cost-sharing and deferment of cost to industry; and
(C) Recognize opportunity costs of insufficient monitoring.
(iii) Incentivize reducing discards:
(A) Determine discard rate by smallest possible strata while maintaining cost-effectiveness;
and
(B) Collect information by gear type to accurately calculate discard rates.
(iv) Provide additional data streams for stock assessments:
(A) Reduce management and/or biological uncertainty; and
(B) Perform biological sampling if it may be used to enhance accuracy of mortality or
recruitment calculations.
(v) Enhance safety of monitoring program.
(vi) Perform periodic review of monitoring program for effectiveness.
(2) Sector monitoring programs. A sector must develop and implement an at-sea and/or electronic
monitoring program that may be approved by NMFS as both sufficient to monitor catch, discards,
and use of sector ACE; and as consistent with the sector monitoring program goals and objectives.
The details of any at-sea or electronic monitoring program must be specified in the sector's
operations plan, pursuant to § 648.87(b)(2)(xi), and must meet the operational standards specified
in paragraph (l)(10) of this section. Maximized retention electronic monitoring and audit electronic
monitoring models, meeting the requirements in paragraph (l)(10) of this section, may be used in
place of at-sea monitoring to ensure a sector's monitoring programs may be approved. Other types
of electronic monitoring may be used in place of at-sea monitors if the technology is deemed
sufficient by NMFS, in a manner consistent with the Administrative Procedure Act, for a specific trip
type based on gear type and area fished. The Regional Administrator will approve or disapprove atsea/electronic programs as part of a sector's operations plans in a manner consistent with the
Administrative Procedure Act.
(3) Pre-trip notification. For the purpose of selecting vessels for observer or at-sea monitor deployment,
as instructed by the Regional Administrator, the owner, operator, or manager of a vessel (i.e., vessel
manager or sector manager) issued a limited access NE multispecies permit that is fishing under a
NE multispecies DAS or on a sector trip, as defined in this part, must provide advance notice to
NMFS at least 48 hr prior to departing port on any trip declared into the NE multispecies fishery
pursuant to § 648.10 or § 648.85 of the following: The vessel name, permit number, and sector to
which the vessel belongs, if applicable; contact name and telephone number for coordination of
observer or at-sea monitor deployment; date, time, and port of departure; and the vessel's trip plan,
including area to be fished, whether a monkfish DAS will be used, and gear type to be used, unless
otherwise specified in this paragraph (l) or notified by the Regional Administrator. For trips lasting 48
hr or less in duration from the time the vessel leaves port to begin a fishing trip until the time the
50 CFR 648.11(l)(3) (enhanced display)

page 112 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(l)(4)

vessel returns to port upon the completion of the fishing trip, the vessel owner, operator, or manager
may make a weekly notification rather than trip-by-trip calls. For weekly pre-trip notification, a vessel
must notify NMFS by 0001 hr of the Friday preceding the week (Sunday through Saturday) that it
intends to complete at least one NE multispecies DAS or sector trip during the following week and
provide the vessel's trip-plans for that week, including each trip's date, time, port of departure, area to
be fished, whether a monkfish DAS will be used, and gear type to be used. Pre-trip notification calls
must be made no more than 10 days in advance of each fishing trip. The vessel owner, operator, or
manager must notify NMFS of any trip plan changes at least 24 hr prior to vessel departure from
port. A vessel may not begin the trip without being issued either an observer notification, an at-sea
monitor notification, or a waiver by NMFS.
(4) Vessel selection for observer or at-sea monitor coverage. NMFS shall notify the vessel owner,
operator, or manager whether the vessel must carry an observer or at-sea monitor for the specified
trip within 24 hr of the vessel owner's, operator's or manager's pre-trip notification of the prospective
trip, as specified in paragraph (l)(2) of this section. All pre-trip notifications shall be issued a unique
confirmation number. A vessel may not fish on a NE multispecies DAS or sector trip with an observer
waiver confirmation number that does not match the vessel's trip plan that was called in to NMFS.
Confirmation numbers and the vessel's observer or observer waiver status for pre-trip notification
calls remain valid for 48 hr from the intended sail date. After a trip begins, that trip's confirmation
number and observer or observer waiver status remains valid until the trip ends. If a trip is
interrupted and the vessel returns to port due to bad weather or other circumstance beyond the
operator's control, the vessel's observer or observer waiver status and confirmation number for the
interrupted trip remains the same if the vessel departs within 48 hr from the vessel's return to port. If
the layover time is greater than 48 hr, the vessel owner, operator, or manager must provide a new pretrip notification. If an observer or at-sea monitor is assigned to a particular trip, a vessel may not
leave port without the at-sea monitor on board, unless NMFS issues a waiver. If a vessel is using
electronic monitoring to comply with the monitoring requirements of this part, it may not leave port
without an operational electronic monitoring system on board, unless NMFS issues a waiver.
(5) Sector monitoring coverage levels. Coverage levels for an at-sea or electronic monitoring program,
including video review requirements, shall be specified by NMFS, pursuant to paragraph (l)(5)(i) of
this section.
(i)

At-sea monitoring coverage target. The at-sea monitoring coverage target for the sector
monitoring program will be set as a percentage of all eligible sector trips based on available
Federal funding for NMFS and industry cost responsibilities as defined in paragraph (g)(3) of
this section. Sectors are responsible for industry costs for at-sea monitoring coverage up to the
coverage target for all trips not observed by a Northeast Fishery Observer Program observer. In
fishing years 2022, 2023, 2024, and 2025, the at-sea monitoring (ASM) coverage target will be
set at the highest level that available Federal funding for NMFS and industry cost
responsibilities supports, up to 100 percent of trips. Beginning in fishing year 2026, the target
coverage will be set at 40 percent of trips, unless replaced by the New England Fishery
Management Council after a review, as detailed in paragraph (l)(5)(v) of this section. In the
absence of available Federal funds sufficient to fund both NMFS costs and industry costs
associated with a coverage target of at least 40 percent of all sector trips, sectors must pay the
industry's costs for coverage necessary to achieve a 40-percent coverage target. As an
example, if, after paying NMFS costs, available Federal funding is sufficient only to fund
industry costs for 15-percent coverage, sectors must pay the industry costs for the remaining
25-percent coverage to achieve a 40-percent coverage target. Any coverage provided by the

50 CFR 648.11(l)(5)(i) (enhanced display)

page 113 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(l)(5)(ii)

Northeast Fisheries Observer Program through deployment of an observer would be deducted
from the industry's cost responsibility. To ensure coverage is both sufficient to monitor sector
catch, discards, and sector ACE; and consistent with sector monitoring goals and objectives, atsea monitoring coverage may be higher than the at-sea monitoring coverage target, up to 100
percent of all eligible trips, if available Federal funding is sufficient for NMFS and industry cost
responsibilities, respectively. NMFS will announce the coverage target at least 3 weeks before
the annual sector enrollment deadline set by NMFS, if Federal funding information is available.
NMFS will determine, and announce, EM video review rates separately from the ASM coverage
target. NMFS may evaluate and modify video review rates on a regular basis.
(ii) Gear-based exclusion from the at-sea monitoring program. A sector vessel that notifies NMFS of
its intent to exclusively fish using gillnets with a mesh size of 10-inch (25.4-cm) or greater in
either the Inshore Georges Bank (GB) Stock Area, as defined at § 648.10(k)(3)(ii), and/or the
Southern New England (SNE) Broad Stock Area, as defined at § 648.10(k)(3)(iv), is not subject
to the coverage level for at-sea monitoring specified in paragraph (l)(5)(i) of this section
provided that the trip is limited to the Inshore GB and/or SNE Broad Stock Areas and that the
vessel only uses gillnets with a mesh size of 10-inches (25.4-cm) or greater. When on such a
trip, other gear may be on board provided that it is stowed and not available for immediate use
as defined in § 648.2. A sector trip fishing with 10-inch (25.4-cm) mesh or larger gillnets will
still be subject to at-sea monitoring coverage if the trip declares its intent to fish in any part of
the trip in the Gulf of Maine (GOM) Stock area, as defined at § 648.10(k)(3)(i), or the Offshore
GB Stock Area, as defined at § 648.10(k)(3)(iii). Vessels using electronic monitoring to satisfy
the sector monitoring requirement in this section must have their system turned on and comply
with their vessel monitoring plan on all trips, including a trip that is limited to the Inshore GB
and/or SNE Broad Stock Areas where the vessel only uses gillnets with a mesh size of
10-inches (25.4-cm) or greater.
(iii) Geographic exclusion from the at-sea monitoring program. Vessels fishing exclusively west of
71°30′ W Longitude on a sector trip are excluded from the requirement to carry an at-sea
monitor. Vessels on a trip excluded from the at-sea monitoring requirement under this
paragraph (l)(5)(iii) must comply with the VMS declaration requirements at § 648.10(g)(3), and
the transiting requirements at § 648.81(e) when east of 71°30′ W Longitude. Vessels using
electronic monitoring to satisfy the sector monitoring requirement in this section must have
their system turned on and comply with their vessel monitoring plan on all trips, including trips
fishing exclusively west of 71°30′ W Longitude.
(iv) Waivers. In addition to the safety waivers in paragraph (c) of this section, NMFS may issue a
waiver for a sector trip exempting the vessel from the sector monitoring program coverage
requirements for the following reasons.
(A) Funding waivers. NMFS will issue a waiver for a sector trip exempting the vessel from the
sector monitoring program coverage requirements if coverage is unavailable due to
insufficient funding for NMFS cost responsibilities as defined in paragraph (g)(3) of this
section.
(B) Logistics waivers. NMFS may issue a waiver for a sector trip exempting the vessel from
the sector monitoring program coverage requirements in this section for logistical and
technical reasons, including, but not limited to: No monitor is available; the assigned
observer is unable to make the trip; the trip will have no fishing effort; and electronic
monitoring system technical problems.
50 CFR 648.11(l)(5)(iv)(B) (enhanced display)

page 114 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(l)(5)(iv)(C)

(C) Set-only trip waivers. Vessels on a set-only trip, as defined at § 648.2, are excluded from
the groundfish sector monitoring program requirements in paragraph (l) of this section. If
a vessel is using electronic monitoring to comply with the monitoring requirements of this
part, that vessel may turn off its cameras on a set-only trip.
(v) Review of exclusions from the at-sea monitoring program. A New England Fishery Management
Council review of the exclusions from the at-sea monitoring program in paragraphs (l)(5)(ii) and
(iii) of this section will evaluate whether the exclusions continue to meet the intent of the New
England Fishery Management Council to exclude trips with little catch of regulated species and
ocean pout. The review will be conducted using complete data from 2 fishing years once the
data are available (fishing years 2022 and 2023) and every 3 years after the initial review.
(6) Groundfish sector monitoring program review. A New England Fishery Management Council review of
the NE multispecies monitoring program will evaluate whether the monitoring program is meeting
the goal of improved accuracy of catch data, while maximizing value and minimizing costs of the
program, using complete data from 2 fishing years once the data are available (fishing years 2022
and 2023) and periodically after the initial review. The review process should be flexible and general,
and include establishing metrics and indicators of how well the monitoring program improved
accuracy while maximizing value and minimizing costs.
(7) Hail reports. For the purposes of the monitoring requirements specified in paragraph (l)(2) of this
section, sector vessels must submit all hail reports for a sector trip in which the NE multispecies
catch applies against the ACE allocated to a sector, as specified in this part, to their respective
contracted monitoring service providers. The mechanism and timing of the transmission of such hail
reports must be consistent with instructions provided by the Regional Administrator for any at-sea or
electronic monitoring program required by paragraph (l)(2) of this section, or specified in the annual
sector operations plan, consistent with § 648.87(b)(5).
(8) Notification of monitoring service provider change. If, for any reason, a sector decides to change
approved service providers used to provide at-sea or electronic monitoring services required in
paragraph (l)(2) of this section, the sector manager must first inform NMFS in writing in advance of
the effective date of the change in approved monitoring service providers in conjunction with the
submission of the next weekly sector catch report specified in § 648.87(b)(1)(v)(B). A sector may
use more than one monitoring service provider at any time, provided any monitoring service provider
employed by or contracted with a sector meets the standards specified in paragraph (b)(4) of this
section.
(9) Discards. A sector vessel may not discard any legal-sized regulated species or ocean pout allocated
to sectors pursuant to § 648.87(b)(1)(i), unless otherwise required pursuant to § 648.86(l). Discards
of undersized regulated species or ocean pout by a sector vessel must be reported to NMFS
consistent with the reporting requirements specified in § 648.87(b)(1)(v). Discards shall not be
included in the information used to calculate a vessel's PSC, as described in § 648.87(b)(1)(i)(E), but
shall be counted against a sector's ACE for each regulated species allocated to a sector.
(10) Sector monitoring program operational standards. In addition to the monitoring service provider
standards specified in paragraph (h)(5) of this section, any at-sea/electronic monitoring program
developed as part of a sector's yearly operations plan pursuant to paragraph (l)(2) of this section
must meet the following operational standards to be approved by NMFS:
(i)

Vessel requirements —

50 CFR 648.11(l)(10)(i) (enhanced display)

page 115 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(l)(10)(i)(A)

(A) Electronic monitoring system requirements. A vessel owner or operator using electronic
monitoring to meet sector monitoring requirements in this section must do the following:
(1) Ensure that the electronic monitoring system is fully operational for every sector trip,
which means it is operating, recording, and retaining the recording for the duration of
every trip. A vessel may not fish without a fully operational electronic monitoring
system, unless issued a waiver by NMFS for that trip;
(2) Conduct a system check of the electronic monitoring system prior to departing on a
fishing trip. An electronic monitoring system check must show that the electronic
monitoring system is fully operational and the amount of video storage space
available to record the fishing trip;
(3) Maintain clear and unobstructed camera views at all times. Ensure lighting is
sufficient in all circumstances to illuminate catch so that catch and discards are
visible and may be identified and quantified as required; and
(4) Ensure no person tampers with, disconnects, or destroys any part of the electronic
monitoring system, associated equipment, or recorded data.
(B) Vessel monitoring plan requirements for electronic monitoring vessels. A vessel must have
a NMFS-approved vessel monitoring plan to use electronic monitoring to meet sector
monitoring requirements in this section. NMFS will approve a vessel monitoring plan that
sufficiently describes how the electronic monitoring system is configured on a particular
vessel applying for approval and how the fishing and monitoring operations will be
conducted in a manner to effectively monitor catch in accordance with the EM program
requirements and standards in this section. Vessels must submit vessel monitoring plans
and revisions to vessel monitoring plans for NMFS review and approval, as instructed by
the Regional Administrator.
(1) The vessel monitoring plan must be onboard the vessel at all times.
(2) The vessel owner, operator and crew must comply with all catch handling protocols
and other requirements described in the vessel monitoring plan, including sorting
catch and processing any discards within view of the cameras and consistent with
the vessel monitoring plan.
(3) Modifications to any vessel monitoring plan must be approved by NMFS prior to such
vessel fishing under the conditions of the new vessel monitoring plan.
(4) A vessel owner or operator using electronic monitoring to meet sector monitoring
requirements in this section must submit all electronic monitoring data to the
monitoring service provider in accordance with the electronic monitoring program
requirements in this section, or as otherwise instructed by the Regional
Administrator.
(5) A vessel owner or operator must make the electronic monitoring system, associated
equipment, electronic monitoring data, or vessel monitoring plan available to NMFS
for inspection, upon request.
(6) A vessel owner or operator using electronic monitoring to meet sector monitoring
requirements in this section must turn on its camera for 100 percent of sector trips.

50 CFR 648.11(l)(10)(i)(B)(6) (enhanced display)

page 116 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(l)(10)(i)(B)(7)

(7) A vessel owner or operator using electronic monitoring to meet sector monitoring
requirements in this section must comply with the requirements in paragraphs
(l)(10)(i)(A) and (B) of this section or the Regional Administrator may withdraw
approval for the vessel to use electronic monitoring.
(8) The Regional Administrator may revise vessel monitoring plan requirements and
approval standards in this section consistent with the Administrative Procedure Act.
Any revisions will be published on the agency's website.
(C) Safety hazards. The operator of a sector vessel must detail and identify any safety hazards
to any at-sea monitor assigned pursuant to paragraph (l)(2) of this section prior to leaving
port. A vessel may not begin a trip if it has failed a review of safety issues pursuant to
paragraph (l)(10)(ii)(D) of this section, until the identified safety deficiency has been
resolved, pursuant to § 600.746(i) of this chapter.
(D) Dockside monitoring. Vessels using maximized retention electronic monitoring must
participate in either an independent third party dockside monitoring program approved by
NMFS, or the dockside monitoring program operated by NMFS, as instructed by NMFS.
(1) The vessel operator and crew may not begin offloading unless a dockside monitor is
present or NMFS has issued the trip a waiver from the dockside monitoring program.
(2) The vessel operator and crew must allow the dockside monitor access to the fish
hold immediately following the offload in order to confirm all allocated groundfish
were offloaded unless NMFS has issued the trip a waiver from the dockside
monitoring program.
(E) Retention of fish. Vessels using maximized retention electronic monitoring must retain all
fish from each allocated regulated species, regardless of length.
(ii) Sector monitoring plan monitoring service provider requirements. In addition to the monitoring
service provider standards in paragraph (h) of this section, sector monitoring plans must
include the following operational requirements for any monitoring provider contracted to meet
sector monitoring program requirements in this paragraph (l):
(A) At-sea monitoring report. Within 48 hours of the completion of a trip, or as otherwise
instructed by the Regional Administrator, electronic submission to NMFS and the sector a
report detailing the area fished and the amount of each species kept and discarded. A
standard format for submission shall be specified by NMFS and distributed to all
monitoring service providers and sectors. NMFS will accept only monitoring data that
passes automated NMFS data quality checks.
(B) Electronic monitoring report. A report detailing area fished and the amount of each species
discarded must be submitted electronically in a standard acceptable form to the
appropriate sector and NMFS within 10 business days of a trip being selected for video
review, or as otherwise instructed by the Regional Administrator. The format for
submission shall be specified by NMFS and distributed to all monitoring service providers
and sectors. NMFS will accept only monitoring data that passes automated NMFS data
quality checks.

50 CFR 648.11(l)(10)(ii)(B) (enhanced display)

page 117 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(l)(10)(ii)(C)

(C) Vessel feedback report. A report must be submitted to the vessel owner following a trip
with detailed feedback on the vessel operator's and crew's catch handling, camera
maintenance, and vessel monitoring plan compliance. A copy must be submitted to NMFS
upon request.
(D) Safety hazards. Completion by an at-sea monitor of a pre-trip vessel safety checklist
provided by NMFS before an at-sea monitor can leave port onboard a vessel on a sector
trip. If the vessel fails a review of safety issues pursuant to this paragraph (l)(10)(ii)(D), an
at-sea monitor cannot be deployed on that vessel for that trip.
(E) Gear. Provision of all equipment specified by the Northeast Fisheries Science Center to
each at-sea monitor before the at-sea monitor may be deployed on a vessel. A list of such
equipment is available from the Northeast Fisheries Science Center upon request. This
gear shall be inspected by NMFS upon the completion of training required pursuant to
paragraph (i)(2) of this section.
(F) Adjustment to service provider requirements and approval standards. The Regional
Administrator may revise monitoring service provider requirements and approval
standards in this section consistent with the Administrative Procedure Act.
(iii) Sector requirements. Each sector shall monitor catch by participating sector vessels to ensure
that ACEs are not exceeded during the fishing year, as specified in this paragraph (l)(10)(iii).
The sector shall summarize trips validated by dealer reports; oversee the use of electronic
monitoring equipment and review of associated data; maintain a database of VTR, dealer,
observer, and electronic monitoring reports; determine all species landings by stock areas;
apply discard estimates to landings; deduct catch from ACEs allocated to sectors; and report
sector catch on a weekly basis to NMFS, as required in paragraph (b)(1)(v) of this section.
Unless otherwise specified in this paragraph (l)(10), all catches of stocks allocated to sectors
by vessels on a sector trip shall be deducted from the sector's ACE for each regulated species
stock regardless of the fishery the vessel was participating in when the fish was caught. For the
purposes of this paragraph (l)(10), any regulated species or ocean pout caught using gear
capable of catching NE multispecies (i.e., gear not listed as exempted gear under this part)
would be deducted from a sector's ACE if such catch contributed to the specification of PSC, as
described in § 648.87(b)(1)(i)(E), and would not apply to another ACL sub-component pursuant
to § 648.90(a)(4). For example, any regulated species or ocean pout landed while fishing for or
catching skates or monkfish pursuant to the regulations in this chapter for those fisheries
would be deducted from the sector's ACE for each stock because such regulated species or
ocean pout were caught while also operating under a NE multispecies DAS. However, for
example, if a sector vessel is issued a limited access General Category Atlantic Sea Scallop
permit and fishes for scallops under the provisions specific to that permit, any yellowtail
flounder caught by the vessel on such trips would be deducted from the appropriate nongroundfish component, such as the other sub-component or the appropriate yellowtail flounder
stock's ACL specified for the Atlantic Sea Scallop fishery and not from the yellowtail flounder
ACE for the sector.
(iv) Dealer requirements. Federally permitted NE multispecies dealers must allow dockside
monitors access to their premises, scales, and any fish received from vessels participating in
the maximized retention electronic monitoring program for the purpose of collecting fish
species and weights of fish received by the dealer, fish length measurements, and the
collection of age structures such as otoliths or scales.
50 CFR 648.11(l)(10)(iv) (enhanced display)

page 118 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(l)(10)(iv)(A)

(A) Facilitation. Federally permitted NE multispecies dealers must facilitate dockside
monitoring for vessels participating in a maximized retention electronic monitoring
program, including, but not limited to, the following requirements:
(1) Provide a safe sampling station, including shelter from weather, for dockside
monitors to conduct their duties and process catch, that is equivalent to the
accommodations provided to the dealer's staff.
(2) Allow dockside monitors access to bathrooms equivalent to the accommodations
provided to the dealer's staff.
(3) Allow dockside monitors access to any facilities for washing equipment with fresh
water that are provided to the dealer's staff.
(B) Processing, sorting, labeling, and reporting. Federally permitted NE multispecies dealers
must process, and may possess, fish for vessels participating in a maximized retention
electronic monitoring program consistent with and including, but not limited to, the
following requirements:
(1) Offload from vessels participating in the maximized retention monitoring program all
fish below the minimum size specified at § 648.83, report fish below the minimum
size specified at § 648.83 by species, and provide the dockside monitor access to
those fish below the minimum size at the safe sampling station.
(2) Sort by species all unmarketable fish from other fish, when identifiable to species.
(3) Clearly identify, mark, or label all containers with fish below the minimum size
specified in § 648.83 as containing undersized fish, the fishing vessel from which
they were offloaded, and the date of offloading.
(4) Report all fish below the minimum size specified in § 648.83, and all unmarketable
fish, as instructed by NMFS.
(v) Adjustment to operational standards. The at-sea/electronic monitoring operational standards
specified in paragraph (l)(10) of this section may be revised by the Regional Administrator in a
manner consistent with the Administrative Procedure Act.
(m) Atlantic herring monitoring coverage —
(1) Monitoring requirements.
(i)

In addition to the requirement for any vessel holding an Atlantic herring permit to carry an
observer described in paragraph (a) of this section, vessels issued a Category A or B Herring
Permit are subject to industry-funded monitoring (IFM) requirements in this section on declared
Atlantic herring trips, unless the vessel is carrying an observer to fulfill Standard Bycatch
Reporting Methodology requirements in § 648.18. An owner of a midwater trawl vessel,
required to carry an observer when fishing in Northeast Multispecies Closed Areas at §
648.202(b), may purchase an IFM high volume fisheries (HVF) observer to access Closed Areas
on a trip-by-trip basis. General requirements for IFM programs in New England Council FMPs
are specified in paragraph (g) of this section. Possible IFM monitoring for the Atlantic herring
fishery includes observers, at-sea monitors, and electronic monitoring and portside samplers,
as defined in § 648.2.
(A) IFM HVF observers shall collect the following information:

50 CFR 648.11(m)(1)(i)(A) (enhanced display)

page 119 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(m)(1)(i)(A)(1)

(1) Fishing gear information (e.g., size of nets, mesh sizes, and gear configurations);
(2) Tow-specific information (e.g., depth, water temperature, wave height, and location
and time when fishing begins and ends);
(3) Species, weight, and disposition of all retained and discarded catch (fish, sharks,
crustaceans, invertebrates, and debris) on observed hauls;
(4) Species, weight, and disposition of all retained catch on unobserved hauls;
(5) Actual catch weights whenever possible, or alternatively, weight estimates derived by
sub-sampling;
(6) Whole specimens, photos, length information, and biological samples (e.g., scales,
otoliths, and/or vertebrae from fish, invertebrates, and incidental takes);
(7) Information on interactions with protected species, such as sea turtles, marine
mammals, and sea birds; and
(8) Vessel trip costs (i.e., operational costs for trip including food, fuel, oil, and ice).
(B) IFM HVF at-sea monitors shall collect the following information:
(1) Fishing gear information (e.g., size of nets, mesh sizes, and gear configurations);
(2) Tow-specific information (e.g., depth, water temperature, wave height, and location
and time when fishing begins and ends);
(3) Species, weight, and disposition of all retained and discarded catch (fish, sharks,
crustaceans, invertebrates, and debris) on observed hauls;
(4) Species, weight, and disposition of all retained catch on unobserved hauls;
(5) Actual catch weights whenever possible, or alternatively, weight estimates derived by
sub-sampling;
(6) Length data, along with whole specimens and photos to verify species identification,
on retained and discarded catch;
(7) Information on and biological samples from interactions with protected species, such
as sea turtles, marine mammals, and sea birds; and
(8) Vessel trip costs (i.e., operational costs for trip including food, fuel, oil, and ice).
(9) The New England Council may recommend that at-sea monitors collect additional
biological information upon request. Revisions to the duties of an at-sea monitor,
such that additional biological information would be collected, may be done via a
framework adjustment. At-sea monitor duties may also be revised to collect
additional biological information by considering the issue at a public meeting, where
public comment is accepted, and requesting NMFS to publish a notice or rulemaking
revising the duties for at-sea monitors. NMFS shall implement revisions to at-sea
monitor duties in accordance with the APA.
(C) IFM Portside samplers shall collect the following information:
(1) Species, weight, and disposition of all retained catch (fish, sharks, crustaceans,
invertebrates, and debris) on sampled trips;
50 CFR 648.11(m)(1)(i)(C)(1) (enhanced display)

page 120 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(m)(1)(i)(C)(2)

(2) Actual catch weights whenever possible, or alternatively, weight estimates derived by
sub-sampling; and
(3) Whole specimens, photos, length information, and biological samples (i.e., scales,
otoliths, and/or vertebrae from fish, invertebrates, and incidental takes).
(ii) Vessels issued a Category A or B Herring Permit are subject to IFM at-sea monitoring coverage.
If the New England Council determines that electronic monitoring, used in conjunction with
portside sampling, is an adequate substitute for at-sea monitoring on vessels fishing with
midwater trawl gear, and it is approved by the Regional Administrator as specified in paragraph
(m)(1)(iii) of this section, then owners of vessels issued a Category A or B Herring Permit may
choose either IFM at-sea monitoring coverage or IFM electronic monitoring and IFM portside
sampling coverage, pursuant with requirements in paragraphs (h) and (i) of this section. Once
owners of vessels issued a Category A or B Herring Permit may choose an IFM monitoring type,
vessel owners must select one IFM monitoring type per fishing year and notify NMFS of their
selected IFM monitoring type via selection form six months in advance of the beginning of the
SBRM year (October 31). NMFS will provide vessels owners with selection forms no later than
September 1 in advance of the beginning of the SBRM year.
(A) In a future framework adjustment, the New England Council may consider if electronic
monitoring and portside sampling coverage is an adequate substitute for at-sea
monitoring coverage for Atlantic herring vessels that fish with purse seine and/or bottom
trawl gear.
(B) IFM coverage targets for the Atlantic herring fishery are calculated by NMFS, in
consultation with New England Council staff.
(C) If IFM coverage targets do not match for the Atlantic herring and Atlantic mackerel
fisheries, then the higher IFM coverage target would apply on trips declared into both
fisheries.
(D) Vessels intending to land less than 50 mt of Atlantic herring are exempt from IFM
requirements, provided that the vessel requests and is issued a waiver prior to departing
on that trip, consistent with paragraphs (m)(2)(iii)(B) and (m)(3) of this section. Vessels
issued a waiver must land less than 50 mt of Atlantic herring on that trip.
(E) A wing vessel (i.e., midwater trawl vessel pair trawling with another midwater trawl vessel)
is exempt from IFM requirements on a trip, provided the wing vessel does not possess or
land any fish on that trip and requests and is issued a waiver prior to departing on that trip,
consistent with paragraphs (m)(2)(iii)(C) and (m)(3) of this section.
(F) Two years after implementation of IFM in the Atlantic herring fishery, the New England
Council will examine the results of any increased coverage in the Atlantic herring fishery
and consider if adjustments to the IFM coverage targets are warranted.
(iii) Electronic monitoring and portside sampling coverage may be used in place of at-sea
monitoring coverage in the Atlantic herring fishery, if the electronic monitoring technology is
deemed sufficient by the New England Council. The Regional Administrator, in consultation with
the New England Council, may approve the use of electronic monitoring and portside sampling
for the Atlantic herring fishery in a manner consistent with the Administrative Procedure Act,
with final measures published in the FEDERAL REGISTER. A vessel electing to use electronic
monitoring and portside sampling in lieu of at-sea monitoring must develop a vessel monitoring
50 CFR 648.11(m)(1)(iii) (enhanced display)

page 121 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(m)(1)(iv)

plan to implement an electronic monitoring and portside sampling program that NMFS
determines is sufficient for monitoring catch, discards and slippage events. The electronic
monitoring and portside sampling program shall be reviewed and approved by NMFS as part of
a vessel's monitoring plan on a yearly basis in a manner consistent with the Administrative
Procedure Act.
(iv) Owners, operators, or managers of vessels issued a Category A or B Herring Permit are
responsible for their vessel's compliance with IFM requirements. When NMFS notifies a vessel
owner, operator, or manager of the requirement to have monitoring coverage on a specific
declared Atlantic herring trip, that vessel may not fish for, take, retain, possess, or land any
Atlantic herring without the required monitoring coverage. Vessels may only embark on a
declared Atlantic herring trip without the required monitoring coverage if the vessel owner,
operator, and/or manager has been notified that the vessel has received a waiver for the
required monitoring coverage for that trip, pursuant to paragraphs (m)(2)(iii)(B) and (C) and
(m)(3) of this section.
(v) To provide the required IFM coverage aboard declared Atlantic herring trips, observers and
monitors must hold a high volume fisheries certification from NMFS.
(2) Pre-trip notification.
(i)

At least 48 hr prior to the beginning of any trip on which a vessel may harvest, possess, or land
Atlantic herring, the owner, operator, or manager of a vessel issued a limited access herring
permit (i.e., Category A, B, or C) or a vessel issued an open access herring permit (Category D or
E) fishing with midwater trawl gear in Management Areas 1A, 1B, and/or 3, as defined in §
648.200(f)(1) and (3), or a vessel acting as a herring carrier must notify NMFS/FSB of the trip.

(ii) The notification to NMFS/FSB must include the following information: Vessel name or permit
number; email and telephone number for contact; the date, time, and port of departure; trip
length; and gear type.
(iii) For vessels issued a Category A or B Herring Permit, the trip notification must also include the
following requests, if appropriate:
(A) For IFM observer coverage aboard vessels fishing with midwater trawl gear to access the
Northeast Multispecies Closed Areas, consistent with requirements at § 648.202(b), at
any point during the trip;
(B) For a waiver of IFM requirements on a trip that shall land less than 50 mt of Atlantic
herring; and
(C) For a waiver of IFM requirements on trip by a wing vessel as described in paragraph
(m)(1)(ii)(E) of this section.
(iv) Trip notification must be provided no more than 10 days in advance of each fishing trip. The
vessel owner, operator, or manager must notify NMFS/FSB of any trip plan changes at least 12
hr prior to vessel departure from port.
(3) Selection of trips for monitoring coverage. NMFS shall notify the owner, operator, and/or manager of
a vessel with an Atlantic herring permit whether a declared Atlantic herring trip requires coverage by
a NMFS-funded observer or whether a trip requires IFM coverage. NMFS shall also notify the owner,
operator, and/or manager of vessel if a waiver has been granted, either for the NMFS-funded
observer or for IFM coverage, as specified in paragraph (m)(2) of this section. All waivers for
50 CFR 648.11(m)(3) (enhanced display)

page 122 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(m)(4)

monitoring coverage shall be issued to the vessel by VMS so that there is an on-board verification of
the waiver. A waiver is invalid if the fishing behavior on that trip is inconsistent with the terms of the
waiver.
(4) Procurement of monitoring services by Atlantic herring vessels.
(i)

An owner of an Atlantic herring vessel required to have monitoring under paragraph (m)(3) of
this section must arrange for monitoring by an observer from a monitoring service provider
approved by NMFS under paragraph (h) of this section. The owner, operator, or vessel manager
of a vessel selected for monitoring must contact a monitoring service provider prior to the
beginning of the trip and the monitoring service provider will notify the vessel owner, operator,
or manager whether monitoring is available. A list of approved monitoring service providers
shall be posted on the NMFS website: https://www.fisheries.noaa.gov/resource/data/observerproviders-northeast-and-mid-atlantic-programs.

(ii) An owner, operator, or vessel manager of a vessel that cannot procure monitoring due to the
unavailability of monitoring may request a waiver from NMFS/FSB from the requirement for
monitoring on that trip, but only if the owner, operator, or vessel manager has contacted all of
the available monitoring service providers to secure monitoring and no monitoring is available.
NMFS/FSB shall issue a waiver, if the conditions of this paragraph (m)(4)(ii) are met. A vessel
without monitoring coverage may not begin a declared Atlantic herring trip without having been
issued a waiver.
(iii) Vessel owners shall pay service providers for monitoring services within 45 days of the end of a
fishing trip that was monitored.
(5) Vessels working cooperatively. When vessels issued limited access herring permits are working
cooperatively in the Atlantic herring fishery, including pair trawling, purse seining, and transferring
herring at-sea, each vessel must provide to observers or monitors, when requested, the estimated
weight of each species brought on board and the estimated weight of each species released on
each tow.
(6) Sampling requirements for NMFS-certified observer and monitors. In addition to the requirements in
paragraphs (d)(1) through (7) of this section, an owner or operator of a vessel issued a limited
access herring permit on which an observer or monitor is embarked must provide observers or
monitors:
(i)

A safe sampling station adjacent to the fish deck, including: A safety harness, if footing is
compromised and grating systems are high above the deck; a safe method to obtain samples;
and a storage space for baskets and sampling gear.

(ii) Reasonable assistance to enable observers or monitors to carry out their duties, including but
not limited to assistance with: Obtaining and sorting samples; measuring decks, codends, and
holding bins; collecting bycatch when requested by the observers or monitors; and collecting
and carrying baskets of fish when requested by the observers or monitors.
(iii) Advance notice when pumping will be starting; when sampling of the catch may begin; and
when pumping is coming to an end.
(iv) Visual access to the net, the codend of the net, and the purse seine bunt and any of its contents
after pumping has ended and before the pump is removed from the net. On trawl vessels, the
codend including any remaining contents must be brought on board, unless bringing the
50 CFR 648.11(m)(6)(iv) (enhanced display)

page 123 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(m)(7)

codend on board is not possible. If bringing the codend on board is not possible, the vessel
operator must ensure that the observer or monitor can see the codend and its contents as
clearly as possible before releasing its contents.
(7) Measures to address slippage.
(i)

No vessel issued a limited access herring permit may slip catch, as defined at § 648.2, except in
the following circumstances:
(A) The vessel operator has determined, and the preponderance of available evidence
indicates that, there is a compelling safety reason; or
(B) A mechanical failure, including gear damage, precludes bringing some or all of the catch
on board the vessel for inspection; or
(C) The vessel operator determines that pumping becomes impossible as a result of spiny
dogfish clogging the pump intake. The vessel operator shall take reasonable measures,
such as strapping and splitting the net, to remove all fish which can be pumped from the
net prior to release.

(ii) Vessels may make test tows without pumping catch on board if the net is re-set without
releasing its contents provided that all catch from test tows is available to the observer to
sample when the next tow is brought on board for sampling.
(iii) If a vessel issued any limited access herring permit slips catch, the vessel operator must report
the slippage event on the Atlantic herring daily VMS catch report and indicate the reason for
slipping catch. Additionally, the vessel operator must complete and sign a Released Catch
Affidavit detailing: The vessel name and permit number; the VTR serial number; where, when,
and the reason for slipping catch; the estimated weight of each species brought on board or
slipped on that tow. A completed affidavit must be submitted to NMFS within 48 hr of the end
of the trip.
(iv) If a vessel issued a Category A or B Herring permit slips catch for any of the reasons described
in paragraph (m)(7)(i) of this section when an observer or monitor is aboard, the vessel
operator must move at least 15 nm (27.78 km) from the location of the slippage event before
deploying any gear again, and must stay at least 15 nm (27.78 km) away from the slippage
event location for the remainder of the fishing trip.
(v) If a vessel issued a Category A or B Herring permit slips catch for any reason on a trip selected
by NMFS for portside sampling, pursuant to paragraph (m)(3) of this section, the vessel
operator must move at least 15 nm (27.78 km) from the location of the slippage event before
deploying any gear again, and must stay at least 15 nm (27.78 km) away from the slippage
event location for the remainder of the fishing trip.
(vi) If catch is slipped by a vessel issued a Category A or B Herring permit for any reason not
described in paragraph (m)(7)(i) of this section when an observer or monitor is aboard, the
vessel operator must immediately terminate the trip and return to port. No fishing activity may
occur during the return to port.
(n) Atlantic mackerel, squid, and butterfish observer coverage —
(1) Pre-trip notification.

50 CFR 648.11(n)(1) (enhanced display)

page 124 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.11(n)(1)(i)

A vessel issued a limited access Atlantic mackerel permit, as specified at § 648.4(a)(5)(iii),
must, for the purposes of observer deployment, have a representative provide notice to NMFS
of the vessel name, vessel permit number, contact name for coordination of observer
deployment, telephone number or email address for contact; and the date, time, port of
departure, gear type, and approximate trip duration, at least 48 hr, but no more than 10 days,
prior to beginning any fishing trip, unless it complies with the possession restrictions in
paragraph (n)(1)(iii) of this section.

(ii) A vessel that has a representative provide notification to NMFS as described in paragraph
(n)(1)(i) of this section may only embark on an Atlantic mackerel trip without an observer if a
vessel representative has been notified by NMFS that the vessel has received a waiver of the
observer requirement for that trip. NMFS shall notify a vessel representative whether the vessel
must carry an observer, or if a waiver has been granted, for the specific Atlantic mackerel trip,
within 24 hr of the vessel representative's notification of the prospective Atlantic mackerel trip,
as specified in paragraph (n)(1)(i) of this section. Any request to carry an observer may be
waived by NMFS. A vessel that fishes with an observer waiver confirmation number that does
not match the Atlantic mackerel trip plan that was called in to NMFS is prohibited from fishing
for, possessing, harvesting, or landing Atlantic mackerel except as specified in paragraph
(n)(1)(iii) of this section. Confirmation numbers for trip notification calls are only valid for 48 hr
from the intended sail date.
(iii) A vessel issued a limited access Atlantic mackerel permit, as specified in § 648.4(a)(5)(iii), that
does not have a representative provide the trip notification required in paragraph (n)(1)(i) of this
section is prohibited from fishing for, possessing, harvesting, or landing more than 20,000 lb
(9.07 mt) of Atlantic mackerel per trip at any time, and may only land Atlantic mackerel once on
any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at
2400 hours.
(iv) If a vessel issued a limited access Atlantic mackerel permit, as specified in § 648.4(a)(5)(iii),
intends to possess, harvest, or land more than 20,000 lb (9.07 mt) of Atlantic mackerel per trip
or per calendar day, and has a representative notify NMFS of an upcoming trip, is selected by
NMFS to carry an observer, and then cancels that trip, the representative is required to provide
notice to NMFS of the vessel name, vessel permit number, contact name for coordination of
observer deployment, and telephone number or email address for contact, and the intended
date, time, and port of departure for the cancelled trip prior to the planned departure time. In
addition, if a trip selected for observer coverage is cancelled, then that vessel is required to
carry an observer, provided an observer is available, on its next trip.
(2) Sampling requirements for limited access Atlantic mackerel and longfin squid/butterfish moratorium
permit holders. In addition to the requirements in paragraphs (d)(1) through (7) of this section, an
owner or operator of a vessel issued a limited access Atlantic mackerel or longfin squid/butterfish
moratorium permit on which an observer is embarked must provide observers:
(i)

A safe sampling station adjacent to the fish deck, including: A safety harness, if footing is
compromised and grating systems are high above the deck; a safe method to obtain samples;
and a storage space for baskets and sampling gear.

(ii) Reasonable assistance to enable observers to carry out their duties, including but not limited to
assistance with: Obtaining and sorting samples; measuring decks, codends, and holding bins;
collecting bycatch when requested by the observers; and collecting and carrying baskets of fish
when requested by the observers.
50 CFR 648.11(n)(2)(ii) (enhanced display)

page 125 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.11(n)(2)(iii)

(iii) Advance notice when pumping will be starting; when sampling of the catch may begin; and
when pumping is coming to an end.
(3) Measures to address slippage.
(i)

No vessel issued a limited access Atlantic mackerel permit or a longfin squid/butterfish
moratorium permit may slip catch, as defined at § 648.2, except in the following circumstances:
(A) The vessel operator has determined, and the preponderance of available evidence
indicates that, there is a compelling safety reason; or
(B) A mechanical failure, including gear damage, precludes bringing some or all of the catch
on board the vessel for sampling and inspection; or
(C) The vessel operator determines that pumping becomes impossible as a result of spiny
dogfish clogging the pump intake. The vessel operator shall take reasonable measures,
such as strapping and splitting the net, to remove all fish that can be pumped from the net
prior to release.

(ii) If a vessel issued any limited access Atlantic mackerel permit slips catch, the vessel operator
must report the slippage event on the Atlantic mackerel and longfin squid daily VMS catch
report and indicate the reason for slipping catch. Additionally, vessels issued a limited Atlantic
mackerel permit or a longfin squid/butterfish moratorium permit, the vessel operator must
complete and sign a Released Catch Affidavit detailing: The vessel name and permit number;
the VTR serial number; where, when, and the reason for slipping catch; the estimated weight of
each species brought on board or slipped on that tow. A completed affidavit must be submitted
to NMFS within 48 hr of the end of the trip.
(iii) If a vessel issued a limited access Atlantic mackerel permit slips catch for any of the reasons
described in paragraph (n)(3)(i) of this section, the vessel operator must move at least 15 nm
(27.8 km) from the location of the slippage event before deploying any gear again, and must
stay at least 15 nm (27.8 km) from the slippage event location for the remainder of the fishing
trip.
(iv) If catch is slipped by a vessel issued a limited access Atlantic mackerel permit for any reason
not described in paragraph (n)(3)(i) of this section, the vessel operator must immediately
terminate the trip and return to port. No fishing activity may occur during the return to port.
[85 FR 7431, Feb. 7, 2020, as amended at 85 FR 26882, May 6, 2020; 85 FR 43152, July 15, 2020; 85 FR 47112, Aug. 4, 2020; 86 FR
1823, Jan. 11, 2021; 87 FR 18283, Mar. 30, 2022; 87 FR 54909, Sept. 8, 2022; 87 FR 75877, Dec. 9, 2022; 87 FR 75877, Dec. 9, 2022;
88 FR 56542, Aug. 18, 2023; 89 FR 20348, Mar. 22, 2024]

§ 648.12 Experimental fishing.
The Regional Administrator may exempt any person or vessel from the requirements of subparts A (General
provisions), B (mackerel, squid, and butterfish), D (Atlantic sea scallop), E (Atlantic surfclam and ocean quahog), F
(NE multispecies and monkfish), G (summer flounder), H (scup), I (black sea bass), J (Atlantic bluefish), K (Atlantic
herring), L (spiny dogfish), M (Atlantic deep-sea red crab), N (tilefish), O (skates), and P (Mid-Atlantic forage species)
of this part for the conduct of experimental fishing beneficial to the management of the resources or fishery
managed under that subpart. The Regional Administrator shall consult with the Executive Director of the MAFMC
before approving any exemptions for the Atlantic chub mackerel, Atlantic mackerel, Illex squid, longfin squid

50 CFR 648.12 (enhanced display)

page 126 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.12(a)

butterfish, summer flounder, scup, black sea bass, spiny dogfish, bluefish, and tilefish fisheries, including
exemptions for experimental fishing contributing to the development of new or expansion of existing fisheries for
Mid-Atlantic forage species.
(a) The Regional Administrator may not grant such an exemption unless he/she determines that the purpose,
design, and administration of the exemption is consistent with the management objectives of the
respective FMP, the provisions of the Magnuson-Stevens Act, and other applicable law, and that granting
the exemption will not:
(1) Have a detrimental effect on the respective resources and fishery;
(2) Cause any quota to be exceeded; or
(3) Create significant enforcement problems.
(b) Each vessel participating in any exempted experimental fishing activity is subject to all provisions of the
respective FMP, except those necessarily relating to the purpose and nature of the exemption. The
exemption will be specified in a letter issued by the Regional Administrator to each vessel participating in
the exempted activity. This letter must be carried on board the vessel seeking the benefit of such
exemption.
(c) Experimental fishing for surfclams or ocean quahogs will not require an allocation permit.
(d) Temporary possession letter of authorization (LOA) : The Regional Administrator (RA), or the RA's designee,
may issue an LOA to eligible researchers on board federally permitted fishing vessels on which species of
fish that otherwise could not be legally retained would be possessed temporarily for the purpose of
collecting catch data. Under this authorization, such species of fish could be retained temporarily for data
collection purposes, but shall be discarded as soon as practicable following data collection.
(1) Eligible activities. An LOA may be issued by the RA, or the RA's designee, to temporarily exempt a
vessel, on which a qualified fishery research technician is collecting catch data, from the following
types of fishery regulations: Minimum fish size restrictions; fish possession limits; species quota
closures; prohibited fish species, not including species protected under the Endangered Species Act;
and gear-specific fish possession restrictions.
(2) Eligibility criteria. Only personnel from the following bodies are eligible for a temporary possession
LOA: Foreign government agency; U.S. Government agency; U.S. state or territorial agency; university
(or other educational institution accredited by a recognized national or international accreditation
body); international treaty organization; or scientific institution.
(3) Application requirements. To obtain a temporary possession LOA, an eligible applicant, as defined
under paragraph (d)(2) of this section, is required to submit a complete application, which must
contain the following information: The date of the application; the applicant's name, mailing address,
and telephone number; a statement of the purposes and goals for which the LOA is needed; the
name(s) and affiliation of the fishery research technicians will collect the data; a statement
demonstrating the qualifications of the research technician that will collect the data; the species
(target and incidental) expected to be harvested under the LOA; the proposed disposition of all
regulated species harvested under the LOA; the approximate time(s) and place(s) fishing will take
place; the type, size, and amount of gear to be used; and the signature of the applicant. In addition,
for each vessel to be covered by the LOA, as soon as the information is available and before
operations begin, the applicant is required to supply to NMFS the vessel operator name, the vessel's
Federal fishing permit number, and the vessel registration or documentation number.
50 CFR 648.12(d)(3) (enhanced display)

page 127 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.13

[61 FR 58466, Nov. 15, 1996, as amended at 62 FR 37156, July 11, 1997; 65 FR 45852, July 26, 2000; 65 FR 77466, Dec. 11, 2000;
66 FR 49144, Sept. 26, 2001; 68 FR 49700, Aug. 19, 2003; 75 FR 1022, Jan. 8, 2010; 76 FR 60649, Sept. 29, 2011; 82 FR 40732,
Aug. 28, 2017; 85 FR 47112, Aug. 4, 2020]

§ 648.13 Transfers at sea.
(a) Vessels issued a longfin squid, butterfish, or Illex squid moratorium permit and vessels issued a squid/
butterfish incidental catch permit may transfer or attempt to transfer or receive longfin squid, Illex squid,
or butterfish only if authorized in writing by the Regional Administrator through the issuance of a letter of
authorization (LOA).
(b)
(1) Except as provided in paragraph (b)(2) of this section, vessels issued a multispecies permit under §
648.4(a)(1) or a scallop permit under § 648.4(a)(2) are prohibited from transferring or attempting to
transfer any fish from one vessel to another vessel, except that vessels issued a Federal
multispecies permit under § 648.4(a)(1) and specifically authorized in writing by the Regional
Administrator to do so, may transfer species other than regulated species from one vessel to
another vessel.
(2) Vessels issued a Federal multispecies permit under § 648.4(a)(1) may transfer from one vessel to
another, for use as bait, up to 500 lb (226.8 kg) of silver hake and unlimited amounts of red hake, per
trip, provided:
(i)

The transferring vessel possesses a Federal multispecies permit as specified under §
648.4(a)(1);

(ii) The transferring vessel has a letter of authorization issued by the Regional Administrator on
board; and
(iii) The receiving vessel possesses a written receipt for any small-mesh multispecies purchased at
sea.
(c) All persons are prohibited from transferring or attempting to transfer NE multispecies or scallops from
one vessel to another vessel, except in accordance with paragraph (b) of this section.
(d) All persons are prohibited from transferring or attempting to transfer at sea summer flounder from one
vessel to another vessel, except for vessels that have not been issued a Federal permit and fish
exclusively in state waters.
(e) Vessels issued a letter of authorization from the Regional Administrator to transfer small-mesh
multispecies at sea for use as bait will automatically have 500 lb (226.8 kg) deducted from the vessel's
combined silver hake and offshore hake possession limit, as specified under § 648.86(d), for every trip
during the participation period specified on the letter of authorization, regardless of whether a transfer of
small-mesh multispecies at sea occurred or whether the actual amount that was transferred was less
than 500 lb (226.8 kg). This deduction shall be noted on the transferring vessel's letter of authorization
from the Regional Administrator.
(f) Atlantic herring. With the exception of transfers made to an at-sea processing vessel issued the required
permit under § 648.6(a)(2)(ii), any person or vessel, including any vessel issued an Atlantic herring permit,
is prohibited from transferring, receiving, or attempting to transfer or receive any Atlantic herring taken
from the EEZ, except as authorized in this paragraph (f), and in compliance with reporting requirements at
§ 648.7 (b)(2)(i)(D).
50 CFR 648.13(f) (enhanced display)

page 128 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.13(f)(1)

(1) Personal use as bait.
(i)

The operator of a vessel that is not issued an Atlantic herring permit may purchase and/or
receive Atlantic herring at sea for personal use as bait, provided the vessel receiving the
transfer does not have purse seine, midwater trawl, pelagic gillnet, sink gillnet, or bottom trawl
gear on board;

(ii) A vessel issued an Atlantic herring permit may transfer herring at sea to another vessel for
personal use as bait:
(A) Provided the transferring vessel is issued a letter of authorization to transfer fish. The
operator of the transferring vessel must show the letter of authorization to a
representative of the vessel receiving fish or any authorized officer upon request; and
(B) Provided that the transfer of herring at sea to another vessel for personal use as bait does
not exceed the possession limit specified for the transferring vessel in § 648.204, except
that no more than the applicable 2,000 lb (907.2 kg) or 40,000 lb (18,143.7 kg) herring
possession limit may be caught or transferred per trip or per calendar day if the vessel is
in, or the fish were harvested from, a management area subject to a possession limit
adjustment or fishery closure as specified in § 648.201.
(2) Atlantic herring carrier vessels.
(i)

A vessel issued an Atlantic herring permit may operate as a herring carrier vessel and receive
herring provided it either is issued a carrier vessel letter of authorization and complies with the
terms of that authorization, as specified in § 648.4(a)(10)(ii), or it must have been issued and
have on board a herring permit and have declared an Atlantic herring carrier trip via VMS,
consistent with the requirements at § 648.10(l)(1).

(ii) A vessel issued an Atlantic herring permit may transfer herring at sea to an Atlantic herring
carrier up to the applicable possession limits specified in § 648.204, provided it is issued a
letter of authorization for the transfer of herring and that no more than the applicable 2,000 lb
(907.2 kg) or 40,000 lb (18,143.7 kg) herring possession limit may be caught or transferred at
sea per trip or per calendar day if the vessel is in, or the fish were harvested from, an area
subject to a possession limit adjustment or fishery closure as specified in § 648.201.
(3) If a herring management area has been closed to fishing as specified in § 648.201, a vessel may not
transfer Atlantic herring harvested from or in the area to an IWP or Joint Venture vessel.
(4) If the amount of herring transshipped to a Canadian transshipment vessel would cause the amount
of the border transfer specified pursuant to § 648.200 to be exceeded, a vessel may not transfer
Atlantic herring to a Canadian transshipment vessel permitted in accordance with Public Law
104-297.
(5) Transfer to at-sea processors. A vessel issued an Atlantic herring permit may transfer herring to a
vessel issued an at-sea processing permit specified in § 648.6(a)(2)(ii), up to the applicable
possession limit specified in § 648.204, except that no more than the applicable 2,000 lb (907.2 kg)
or 40,000 lb (18,143.7 kg) herring possession limit may be caught or transferred at sea per trip or per
calendar day if the vessel is in, or the fish were harvested from, a management area subject to a
possession limit adjustment or fishery closure as specified in § 648.201.

50 CFR 648.13(f)(5) (enhanced display)

page 129 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.13(f)(6)

(6) Transfers between herring vessels. A vessel issued a valid Atlantic herring permit may transfer and
receive herring at sea, provided such vessel has been issued a letter of authorization from the
Regional Administrator to transfer or receive herring at sea. Such vessel may not transfer, receive, or
possess at sea, or land per trip herring in excess of the applicable possession limits specified in §
648.204, except that no more than 2,000 lb (907.2 kg) or 40,000 lb (18,143.7 kg) of herring may be
caught, transferred, received, or possessed at sea, or landed per trip or per calendar day if the vessel
is in, or the fish were harvested from, a management area subject to a possession limit adjustment
or fishery closure as specified in § 648.201.
(g) All persons are prohibited from transferring at sea, either directly or indirectly, or attempting to transfer at
sea to any vessel, any red crab or red crab parts, taken in or from the EEZ portion of the Red Crab
Management Unit.
(h) Skates.
(1) Except as provided in paragraph (h)(2) of this section, all persons or vessels issued a Federal skate
permit are prohibited from transferring, or attempting to transfer, at sea any skates to any vessel, and
all persons or vessels not issued a Federal skate permit are prohibited from transferring, or
attempting to transfer, at sea to any vessel any skates while in the EEZ, or skates taken in or from the
EEZ portion of the Skate Management Unit.
(2) Vessels and vessel owners or operators issued Federal skate permits under § 648.4(a)(14) may
transfer at sea skates taken in or from the EEZ portion of the Skate Management Unit, provided:
(i)

The transferring vessel possesses on board a valid letter of authorization issued by the
Regional Administrator as specified under § 648.322(c); and

(ii) The transferring vessel and vessel owner or operator comply with the requirements specified at
§ 648.322(c).
(i)

Scup.
(1) Except as provided in paragraph (i)(2) of this section, all persons or vessels issued a Federal scup
permit are prohibited from transferring, or attempting to transfer, at sea any scup to any vessel, and
all persons or vessels are prohibited from transferring, or attempting to transfer, at sea to any vessel
any scup while in the EEZ, or any scup taken in or from the EEZ portion of the Scup Management
Unit.
(2) The owner or operator of a vessel issued a Federal scup permit under § 648.4(a)(6)(i)(A) may
transfer at sea scup taken in or from the EEZ portion of the Scup Management Unit, provided:
(i)

The transfer occurs between two vessels with Federal scup permits;

(ii) The transfer occurs seaward of a boundary line that begins at 40°50′ N. lat., 70°00′ W. long., and
runs south to connect points at 40°15′ N. lat., 73°30′ W. long.; 37°50′ N. lat., 75°00′ W. long.; and
35°30′ N. lat., 75°00′ W. long.;
(iii) The donating and receiving vessels possess gear that meets the requirements at §
648.125(a)(2), (3), and (4) for commercial scup fishing gear;
(iv) The transfer occurs in the Winter I or Winter II periods of the scup fishing year;
(v) There is only one transfer per fishing trip for the donor vessel;
(vi) The donor vessel removes only enough scup from the net to attain the scup possession limit;
50 CFR 648.13(i)(2)(vi) (enhanced display)

page 130 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.13(i)(2)(vii)

(vii) After removal of scup from the net by the donor vessel, the entire codend, with all its contents,
is transferred to the receiving vessel;
(viii) Only scup in an amount not to exceed the possession limit are retained by the receiving vessel;
(ix) While fishing for scup, all other nets are stored and not available for immediate use as defined
in § 648.2; and
(x) The donating and receiving vessels report the transfer amount on the vessel trip report for each
vessel.
[61 FR 34968, July 3, 1996]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.13, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.14 Prohibitions.
Link to an amendment published at 90 FR 47989, Oct. 3, 2025.
(a) General prohibitions. It is unlawful for any person to do any of the following:
(1) Violate any provision of this part, the Magnuson-Stevens Act, or any regulation, notice, or permit
issued under the Magnuson-Stevens Act, or any other statute administered by NOAA.
(2) Assist, aid, or abet in the commission of any act prohibited by the Magnuson-Stevens Act; or any
regulation, notice, or permit issued under the Magnuson-Stevens Act; or any other statute
administered by NOAA.
(3) Fail to report to the Regional Administrator within 15 days any change in the information contained in
any permit or permit application.
(4) Falsify or fail to affix and maintain vessel markings as required by § 648.8.
(5) Make any false statement or provide any false information on, or in connection with, an application,
declaration, record or report under this part.
(6) Fail to comply in an accurate and timely fashion with the log report, reporting, record retention,
inspection, or other requirements of § 648.7, or submit or maintain false information in records and
reports required to be kept or filed under § 648.7.
(7) Possess, import, export, transfer, land, or have custody or control of any species of fish regulated
pursuant to this part that do not meet the minimum size provisions in this part, unless such species
were harvested exclusively within state waters by a vessel that does not hold a valid permit under
this part, or are species included in the NE Multispecies Fishery Management Plan that were either
harvested by a vessel participating in the maximized retention electronic monitoring program
consistent with § 648.11(l)(10)(i)(E) or harvested by a vessel issued a valid High Seas Fishing
Compliance permit that fished exclusively in the NAFO Regulatory Area.
(8) Fail to comply with any sea turtle conservation measure specified in 50 CFR parts 222 and 223,
including any sea turtle conservation measure implemented by notification in the FEDERAL REGISTER.

50 CFR 648.14(a)(8) (enhanced display)

page 131 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(a)(9)

(9) Violate any provision of an in-season action to adjust trip limits, gear usage, season, area access
and/or closure, or any other measure authorized by this part.
(10)
(i)

Purchase, receive for a commercial purpose other than transport to a testing facility, or process;
or attempt to purchase, receive for commercial purpose other than transport to a testing
facility; or process, outside Maine, ocean quahogs harvested in or from the EEZ within the
Maine mahogany quahog zone, except at a facility participating in an overall food safety
program, operated by the official state agency having jurisdiction, that utilizes food safetybased procedures including sampling and analyzing for PSP toxin consistent with procedures
used by the State of Maine for such purpose.

(ii) Land ocean quahogs outside Maine that are harvested in or from the EEZ within the Maine
mahogany quahog zone, except at a facility participating in an overall food safety program,
operated by the official state agency having jurisdiction, that utilizes food safety-based
procedures including sampling and analyzing for PSP toxin consistent with procedures used by
the State of Maine for such purpose.
(iii)—(iv) [Reserved]
(v) Fish for, harvest, catch, possess, or attempt to fish for, harvest, catch, or possess Atlantic
surfclams and ocean quahogs from the reopened portion of the Georges Bank Closed Area, as
defined in § 648.76(a)(4), unless issued a Letter of Authorization, and fishing under the
appropriate VMS declaration and under the terms and conditions of the PSP testing protocol,
as specified in § 648.76(a)(4)(i).
(b) Vessel and operator permits. It is unlawful for any person to do any of the following:
(1) Fish for, take, catch, harvest or land any species of fish regulated by this part in or from the EEZ,
unless the vessel has a valid and appropriate permit issued under this part and the permit is on
board the vessel and has not been surrendered, revoked, or suspended.
(2) Alter, erase, or mutilate any permit issued under this part or any document submitted in support of
an application for any such permit.
(3) Operate or act as operator of a vessel that fishes for or possesses any species of fish regulated by
this part, or that is issued a vessel permit pursuant to this part, without having been issued and
possessing a valid operator's permit.
(4) Fish for, possess, or land species regulated under this part with or from a vessel that is issued a
limited access or moratorium permit under § 648.4(a) and that has had the horsepower or length
overall of such vessel or its replacement upgraded or increased in excess of the limitations specified
in § 648.4(a)(1)(i)(E) and (F).
(5) Fish for, take, catch, harvest or land any species of fish regulated by this part for which the vessel is
eligible to possess under a limited access or moratorium permit prior to the time the vessel has
been reissued the applicable limited access or moratorium permit by NMFS.
(6) Attempt to replace a limited access or moratorium fishing vessel, as specified at § 648.4(a)(1)(i)(E),
more than once during a permit year, unless the vessel has been rendered permanently inoperable.

50 CFR 648.14(b)(6) (enhanced display)

page 132 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(b)(7)

(7) Purchase, possess, or receive from a vessel for a commercial purpose, other than solely for transport
on land, any species of fish for which a vessel permit is required under this part, unless the vessel
possesses a valid vessel permit issued under this part.
(8) Transfer, remove, or offload, for a commercial purpose; or attempt to transfer, remove, land, or
offload, for a commercial purpose; at sea, any species regulated under this part, unless the
transferring vessel has been issued and carries on board a valid LOA from the Regional
Administrator, or is otherwise exempted, and the receiving vessel has been issued and has on board
a valid Federal permit for the species that is being transferred.
(9) Fish for, possess, or retain fish, during a fishing trip, aboard a Federally permitted vessel that, in the
absence of an emergency, has not been operating under its own power for the entire trip.
(10) Fish with bottom-tending gear within the Frank R. Lautenberg Deep-sea Coral Protection Area
described at § 648.372, unless transiting pursuant to § 648.372(d), fishing lobster trap gear in
accordance with § 697.21 of this chapter, or fishing red crab trap gear in accordance with § 648.264.
Bottom-tending gear includes but is not limited to bottom-tending otter trawls, bottom-tending beam
trawls, hydraulic dredges, non-hydraulic dredges, bottom-tending seines, bottom longlines, pots and
traps, and sink or anchored gill nets.
(11) If fishing with bottom-tending mobile gear, fish in, enter, be on a fishing vessel in, the EFH closure
areas described in § 648.371, unless otherwise exempted.
(12) Unless otherwise exempted, fish in the Dedicated Habitat Research Areas defined in § 648.371.
(13) Fish with bottom-tending gear within the Georges Bank Deep-Sea Coral Protection Area described at
§ 648.373(a)(2), unless transiting pursuant to § 648.373(d) or fishing red crab trap gear in
accordance with § 648.264. Bottom-tending gear includes, but is not limited to, bottom-tending otter
trawls, bottom-tending beam trawls, hydraulic dredges, non-hydraulic dredges, bottom-tending
seines, bottom longlines, pots and traps, and sink or anchored gill nets.
(14) Fish with bottom-tending mobile gear within the Mount Desert Rock Coral Protection Area described
at § 648.373(b), unless transiting pursuant to § 648.373(d). Bottom-tending mobile gear includes,
but is not limited, to otter trawls, beam trawls, hydraulic dredges, non-hydraulic dredges, and seines
(with the exception of a purse seine).
(15) Fish with bottom-tending mobile gear within the Outer Schoodic Ridge Coral Protection Area
described at § 648.373(c), unless transiting pursuant to § 648.373(d). Bottom-tending mobile gear
includes, but is not limited to, otter trawls, beam trawls, hydraulic dredges, non-hydraulic dredges,
and seines (with the exception of a purse seine).
(c) Dealer permits. It is unlawful for any person to do any of the following:
(1) Purchase, possess or receive for a commercial purpose; or attempt to purchase, possess or receive
for a commercial purpose; other than solely for transport on land, any species regulated under this
part unless in possession of a valid dealer permit issued under this part, except that this prohibition
does not apply to species that are purchased or received from a vessel not issued a permit under
this part that fished exclusively in state waters, or pursuant to the § 648.17 NAFO Regulatory Area
exemptions.
(2) Sell, barter, trade, or transfer; or attempt to sell, barter, trade, or transfer; other than solely for
transport on land, any Atlantic herring, multispecies, or monkfish from a vessel that fished for such
species in the EEZ, unless the dealer or transferee has a valid dealer permit issued under § 648.6. A
50 CFR 648.14(c)(2) (enhanced display)

page 133 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(d)

person who purchases and/or receives Atlantic herring at sea for his own personal use as bait, and
does not have purse seine, mid-water trawl, pelagic gillnet, sink gillnet, or bottom trawl gear on
board, is exempt from the requirement to possess an Atlantic herring dealer permit.
(d) VMS. It is unlawful for any person to do any of the following:
(1) Tamper with, damage, destroy, alter, or in any way distort, render useless, inoperative, ineffective, or
inaccurate the VMS, VMS unit, or VMS signal required to be installed on or transmitted by vessel
owners or operators required to use a VMS by this part.
(2) Fail to submit the appropriate VMS activity code for the intended activity at the appropriate time, in
accordance with § 648.10.
(3) Fail to comply with the appropriate VMS reporting requirements, as specified in § 648.10.
(e) Observer program. It is unlawful for any person to do any of the following:
(1) Assault, resist, oppose, impede, harass, intimidate, or interfere with or bar by command, impediment,
threat, or coercion any observer or monitor conducting his or her duties; any electronic monitoring
provider staff who collects data required under this part; any authorized officer conducting any
search, inspection, investigation, or seizure in connection with enforcement of this part; any official
designee of the Regional Administrator conducting his or her duties, including those duties
authorized in §§ 648.7(g) and 648.11(l)(10)(v).
(2) Refuse monitoring coverage by an observer or monitor if selected for monitoring coverage by the
Regional Administrator or the Regional Administrator's designee.
(3) Fail to provide information, notification, accommodations, access, or reasonable assistance to an
observer, monitor, or electronic monitoring provider staff conducting his or her duties as specified in
§ 648.11.
(4) Submit false or inaccurate data, statements, or reports.
(f) Research and experimental fishing. It is unlawful for any person to violate any terms of a letter authorizing
experimental fishing pursuant to § 648.12 or fail to keep such letter on board the vessel during the period
of the experiment.
(g) Squid, mackerel, and butterfish —
(1) All persons. Unless participating in a research activity as described in § 648.22(g), it is unlawful for
any person to do any of the following:
(i)

Possession and landing. Take and retain, possess, or land more Atlantic chub mackerel, Atlantic
mackerel, Illex squid, longfin squid, or butterfish than specified under, or after the effective date
of, a notification issued under §§ 648.22 or 648.24(d).

(ii) Recreational possession. Take and retain, possess, or land Atlantic mackerel in excess of the
recreational limits contained in § 648.26(a)(3).
(iii) Transfer and purchase.
(A) Purchase or otherwise receive for a commercial purpose; other than solely for transport on
land; Atlantic chub mackerel, Atlantic mackerel, Illex squid, longfin squid, or butterfish
caught by a vessel that has not been issued a Federal Atlantic mackerel, Illex squid, longfin
squid, or butterfish vessel permit, unless the vessel fishes exclusively in state waters.
50 CFR 648.14(g)(1)(iii)(A) (enhanced display)

page 134 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(g)(1)(iii)(B)

(B) Transfer longfin squid, Illex squid, or butterfish within the EEZ, unless the vessels
participating in the transfer have been issued the appropriate LOA from the Regional
Administrator along with a valid longfin squid, butterfish, or Illex squid moratorium permit
and are transferring species for which the vessels are permitted, or a valid squid/
butterfish incidental catch permit.
(2) Vessel and operator permit holders. Unless participating in a research activity as described in §
648.22(g), it is unlawful for any person owning or operating a vessel issued a valid Atlantic mackerel,
Illex squid, longfin squid, or butterfish fishery permit, or issued an operator's permit, to do any of the
following:
(i)

General requirement. Fail to comply with any measures implemented pursuant to subpart B of
this part.

(ii) Possession and landing.
(A) Possess more than the incidental catch allowance of longfin squid, unless issued a longfin
squid moratorium permit.
(B) Possess more than the incidental catch allowance of Illex squid, unless issued an Illex
squid moratorium permit.
(C) Possess more than the incidental catch allowance of Atlantic mackerel, unless issued a
limited access Atlantic mackerel permit.
(D) Take and retain, possess, or land Atlantic chub mackerel, Atlantic mackerel, squid, or
butterfish in excess of a possession limit specified in § 648.26.
(E) Possess more than 5,000 lb (2.27 mt) of butterfish, unless the vessel meets the minimum
mesh requirements specified in § 648.23(a).
(F) Take and retain, possess, or land more than 5,000 lb (2.27 mt) of Atlantic mackerel after a
closure of the entire commercial fishery, as specified under § 648.24(b)(1).
(G) Fish for, possess, transfer, receive, or sell; or attempt to fish for, possess, transfer, receive,
or sell; more than 20,000 lb (9.08 mt) of Atlantic mackerel per trip; or land, or attempt to
land more than 20,000 lb (9.08 mt) of Atlantic mackerel per day after 95 percent of the
river herring and shad cap has been harvested, if the vessel holds a valid Atlantic mackerel
permit.
(H) Possess more than the incidental catch allowance of butterfish, unless issued a butterfish
moratorium permit.
(iii) Gear and vessel requirements.
(A) Fish with or possess nets or netting that do not meet the gear requirements for Atlantic
mackerel, longfin squid, Illex squid, or butterfish specified in § 648.23(a); or that are
modified, obstructed, or constricted, if subject to the minimum mesh requirements, unless
the nets or netting are stowed and not available for immediate use as defined in § 648.2
or the vessel is fishing under an exemption specified in § 648.23(a)(5).
(B) Fish for, retain, or possess Atlantic mackerel in or from the EEZ with a vessel that exceeds
either 165 ft (50.3 m) in length overall and 750 GRT, or a shaft horsepower (shp) of 3,000
shp, except for the retention and possession of Atlantic mackerel for processing by a
50 CFR 648.14(g)(2)(iii)(B) (enhanced display)

page 135 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(g)(2)(iii)(C)

vessel holding a valid at-sea processor permit pursuant to § 648.6(a)(2). It shall be
presumed that the Atlantic mackerel on board were harvested in or from the EEZ, unless
the preponderance of reliable evidence available indicates otherwise.
(C) Enter or fish in the mackerel, squid, and butterfish bottom trawling restricted areas, as
described in § 648.23(a)(6).
(D) If fishing with midwater trawl or purse seine gear, fail to comply with the requirements of §
648.80(d) and (e).
(iv) Observer requirements for longfin squid fishery. Fail to comply with any of the provisions
specified in § 648.11.
(v) VMS reporting requirements in the directed Atlantic mackerel, longfin squid, and Illex squid
fisheries.
(A) Fail to declare via VMS into the directed Atlantic mackerel, longfin squid, or Illex squid
fisheries by entering the fishery code prior to leaving port at the start of each trip if the
vessel will harvest, possess, or land more than an incidental catch of Atlantic mackerel,
longfin squid, or Illex squid and is issued a limited access Atlantic mackerel permit, Tier 1
or Tier 2 longfin squid moratorium permit, or Illex squid moratorium permit.
(B) Fail to notify NMFS Office of Law Enforcement through VMS of the time and place of
offloading at least 6 hr prior to arrival, or, if fishing ends less than 6 hours before arrival,
immediately upon leaving the fishing grounds, if a vessel has been issued a Limited
Access Atlantic mackerel permit, pursuant to § 648.10.
(vi) Slip catch, as defined at § 648.2, unless for one of the reasons specified at § 648.11(n)(3)(i) if
issued a limited access Atlantic mackerel permit, or a longfin squid or a butterfish moratorium
permit.
(vii) For vessels with a limited access Atlantic mackerel permits, fail to move 15 nm (27.8 km), as
required by § 648.11(n)(3)(iii).
(viii) For vessels with a limited access Atlantic mackerel permit, fail to immediately return to port as
required by § 648.11(n)(3)(iv).
(ix) Fail to complete, sign, and submit a Released Catch Affidavit if fish are released pursuant to the
requirements at § 648.11(n)(3)(ii).
(x) Fail to report or fail to accurately report a slippage event on the VMS mackerel and longfin squid
daily catch report, as required by § 648.11(n)(3)(ii).
(3) Charter/party restrictions. Unless participating in a research activity as described in § 648.22(g), it is
unlawful for the owner and operator of a party or charter boat issued an Atlantic mackerel, Illex
squid, longfin squid, or butterfish fishery permit (including a moratorium permit), when the boat is
carrying passengers for hire, to do any of the following:
(i)

Violate any recreational fishing measures established pursuant to § 648.22(d).

(ii) Sell or transfer Atlantic chub mackerel, Atlantic mackerel, Illex squid, longfin squid, or butterfish
to another person for a commercial purpose.
(iii) Carry passengers for hire while fishing commercially under an Atlantic mackerel, Illex squid,
longfin squid, or butterfish fishery permit.
50 CFR 648.14(g)(3)(iii) (enhanced display)

page 136 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(g)(4)

(4) Presumption. For purposes of this part, the following presumption applies: All Atlantic chub
mackerel, Atlantic mackerel, Illex squid, longfin squid, or butterfish possessed on a vessel issued any
permit under § 648.4 are deemed to have been harvested from the EEZ, unless the preponderance of
all submitted evidence demonstrates that such species were purchased for bait or harvested by a
vessel fishing exclusively in state waters or, for Atlantic chub mackerel, outside of the Atlantic Chub
Mackerel Management Unit.
(h) Atlantic salmon. Unless participating in a research activity as described in § 648.22(g), it is unlawful for
any person to do any of the following:
(1) Possession and landing.
(i)

Use any vessel of the United States for taking, catching, harvesting, fishing for, or landing any
Atlantic salmon taken from or in the EEZ. It shall be presumed that the Atlantic salmon on
board were harvested in or from the EEZ, unless the preponderance of reliable evidence
available indicates otherwise.

(ii) Transfer, directly or indirectly; or attempt to transfer, directly or indirectly; to any vessel any
Atlantic salmon taken in or from the EEZ.
(2) [Reserved]
(i)

Atlantic sea scallops —
(1) All persons. It is unlawful for any person to do any of the following:
(i)

Permit requirement. Fish for, possess, or land scallops without the vessel having been issued
and carrying onboard a valid Federal scallop permit in accordance with § 648.4(a)(2), unless
the scallops were harvested by a vessel that has not been issued a Federal scallop permit and
fishes for scallops exclusively in state waters.

(ii) Gear and crew requirements. Have a shucking or sorting machine on board a vessel while in
possession of more than 600 lb (272.2 kg) of shucked scallops, unless that vessel has not been
issued a Federal scallop permit and fishes exclusively in state waters.
(iii) Possession and landing. Fish for, land, or possess on board a vessel per trip, or possess at any
time prior to a transfer to another person for a commercial purpose, other than solely for
transport on land in excess of any of the possession and/or landing limits described in §§
648.52 and 648.59.
(iv) Transfer and purchase.
(A) Land, offload, remove, or otherwise transfer; or attempt to land, offload, remove or
otherwise transfer; scallops from one vessel to another, unless that vessel has not been
issued a Federal scallop permit and fishes exclusively in state waters.
(B) Sell, barter, or trade, or otherwise transfer scallops from a vessel; or attempt to sell, barter
or trade, or otherwise transfer scallops from a vessel; for a commercial purpose, unless
the vessel has been issued a valid Federal scallop permit pursuant to § 648.4(a)(2), or the
scallops were harvested by a vessel that has not been issued a Federal scallop permit and
fishes for scallops exclusively in state waters.

50 CFR 648.14(i)(1)(iv)(B) (enhanced display)

page 137 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(i)(1)(iv)(C)

(C) Purchase, possess, or receive for commercial purposes; or attempt to purchase or receive
for commercial purposes; scallops from a vessel other than one issued a valid limited
access or LAGC scallop permit, unless the scallops were harvested by a vessel that has
not been issued a Federal scallop permit and fishes for scallops exclusively in state
waters.
(D) Sell or transfer to another person for a commercial purpose, other than solely for transport
on land, any scallops harvested from the EEZ by a vessel issued a Federal scallop permit,
unless the transferee has a valid scallop dealer permit.
(v) Ownership cap. Have an ownership interest in more than 5 percent of the total number of
vessels issued limited access scallop permits and confirmations of permit history, except as
provided in § 648.4(a)(2)(i)(M).
(vi) Closed area requirements —
(A) Habitat Management Areas.
(1) Fish for scallops in, or possess or land scallops from, the Habitat Management Areas
specified in § 648.370.
(2) Transit or enter the Habitat Management Areas specified in § 648.370, except as
provided by § 648.370(i).
(B) Scallop Rotational Areas.
(1) Fish for, possess, or land scallops in or from a Scallop Rotational Area unless it is
participating in and complies with the requirements of the Scallop Access Area
program defined in § 648.59(b) through (g).
(2) Enter or transit Scallop Rotational Areas on a declared federal scallop trip, as
described in § 648.59(a)(1), unless the Scallop Rotational Area has been defined as
“available for continuous transit” as provided by § 648.59(a)(2) and the vessel's
fishing gear is stowed and not available for immediate use as defined in § 648.2.
(3) Enter a Scallop Rotational Area defined as “available for continuous transit”, as
provided by § 648.59(a)(2), on a declared Federal scallop trip and not continuously
transit through the area, unless it is participating in and complies with the Scallop
Access Area Program Requirements.
(C) Western Gulf of Maine Closure Area.
(1) Enter or transit the Western Gulf of Maine Closure Area, as defined in § 648.81(a)(4)
on a declared federal scallop trip.
(vii) Scallop sectors. Fail to comply with any of the requirements or restrictions for general category
scallop sectors specified in § 648.63.
(viii) Scallop research.
(A) Fail to comply with any of the provisions specified in § 648.56 or the conditions of a letter
of authorization issued under § 648.56.

50 CFR 648.14(i)(1)(viii)(A) (enhanced display)

page 138 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(i)(1)(viii)(B)

(B) Fish for scallops in, or possess or land scallops from the NGOM, unless allocated NGOM
RSA allocation as described in § 648.56(d) and fishing on a scallop research set aside
compensation trip.
(ix) Observer program.
(A) Refuse, or fail, to carry onboard an observer after being requested to by the Regional
Administrator or the Regional Administrator's designee.
(B) Fail to provide information, notification, accommodations, access, or reasonable
assistance to an observer conducting his or her duties aboard a vessel, as specified in §
648.11.
(C) Fail to comply with the notification, observer services procurement, and observer services
payment requirements of the sea scallop observer program specified in § 648.11(k).
(x) Presumption. For purposes of this section, the following presumption applies: Scallops that are
possessed or landed at or prior to the time when the scallops are received by a dealer, or
scallops that are possessed by a dealer, are deemed to be harvested from the EEZ, unless the
preponderance of evidence demonstrates that such scallops were harvested by a vessel fishing
exclusively for scallops in state waters.
(2) Limited access scallop vessel permit holders. It is unlawful for any person owning or operating a
vessel issued a limited access scallop permit under § 648.4(a)(2) to do any of the following:
(i)

Minimum shell height. Land, or possess at or after landing, in-shell scallops smaller than the
minimum shell height specified in § 648.50(a).

(ii) Vessel, gear, and crew restrictions.
(A) Possess more than 40 lb (18.1 kg) of shucked, or 333 lb (151 kg) of in-shell scallops, or
participate in the scallop DAS or Area Access programs, while in the possession of trawl
nets that have a maximum sweep exceeding 144 ft (43.9 m), as measured by the total
length of the footrope that is directly attached to the webbing of the net, except as
specified in § 648.51(a)(1), unless the vessel is fishing under the Northeast multispecies
or monkfish DAS program.
(B) While under or subject to the DAS allocation program, in possession of more than 40 lb
(18.1 kg) of shucked scallops or 333 lb (151 kg) of in-shell scallops, or fishing for scallops
in the EEZ:
(1) Fish with, or have available for immediate use, trawl nets of mesh smaller than the
minimum size specified in § 648.51(a)(2).
(2) Fail to comply with any chafing gear or other gear obstruction restrictions specified in
§ 648.51(a)(3).
(3) Fail to comply with the turtle deflector dredge vessel gear restrictions specified in §
648.51(b)(5), and turtle dredge chain mat requirements in § 223.206(d)(11) of this
title.
(4) Fish under the small dredge program specified in § 648.51(e), with, or while in
possession of, a dredge that exceeds 10.5 ft (3.2 m) in overall width, as measured at
the widest point in the bail of the dredge.
50 CFR 648.14(i)(2)(ii)(B)(4) (enhanced display)

page 139 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(i)(2)(ii)(B)(5)

(5) Fish under the small dredge program specified in § 648.51(e) with more persons on
board the vessel, including the operator, than specified in § 648.51(e)(3), unless
otherwise authorized by the Regional Administrator.
(6) Participate in the DAS allocation program with more persons on board the vessel
than the number specified in § 648.51(c), including the operator, when the vessel is
not docked or moored in port, unless otherwise authorized by the Regional
Administrator.
(7) Fish in a Sea Scallop Access Area, as described in § 648.60, with more persons on
board the vessel than the number specified in § 648.51(c) or § 648.51(e)(3)(i), unless
otherwise authorized by the Regional Administrator.
(8) Have a shucking or sorting machine on board a vessel that shucks scallops at sea
while fishing under the DAS allocation program, unless otherwise authorized by the
Regional Administrator.
(9) Fish with, possess on board, or land scallops while in possession of trawl nets, when
fishing for scallops under the DAS allocation program, unless exempted as provided
for in § 648.51(f).
(10) Fail to comply with the gear restrictions described in § 648.51.
(iii) Possession and landing.
(A) Land scallops after using up the vessel's annual DAS allocation or land scallops on more
than one trip per calendar day when not participating under the DAS allocation program
pursuant to § 648.10, unless exempted from DAS allocations as provided in the state
waters exemption, specified in § 648.54.
(B) Fish for, possess, or land more than 3,332 lb (1,511 kg) of in-shell scallops inside the VMS
Demarcation Line on or by a vessel, except as provided in the state waters exemption, as
specified in § 648.54.
(C) Fish for, possess, or land per trip, at any time, scallops in excess of any sea scallop
possession and landing limit set by the Regional Administrator in accordance with §
648.59(b)(3) when properly declared into the Sea Scallop Area Access Program as
described in § 648.59.
(D) Fish for, possess, or land yellowtail flounder from a vessel on a scallop fishing trip.
(E) Fish for, possess, or land scallops from the NGOM, unless on a scallop RSA compensation
trip and allocated NGOM RSA allocation as described in § 648.56(d).
(iv) DAS.
(A) Fish for, possess, or land scallops after using up the vessel's annual DAS allocation and
Access Area trip allocations, or when not properly declared into the DAS or an Area
Access program pursuant to § 648.10, unless the vessel has been issued an LAGC scallop
permit pursuant to § 648.4(a)(2)(ii) and is lawfully fishing in a LAGC scallop fishery, unless
exempted from DAS allocations as provided in state waters exemption, specified in §
648.54.

50 CFR 648.14(i)(2)(iv)(A) (enhanced display)

page 140 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(i)(2)(iv)(B)

(B) Combine, transfer, or consolidate DAS allocations, except as allowed for one-for-one
Access Area trip exchanges as specified in § 648.59(b)(3)(ii).
(C) Fail to comply with any requirement for declaring in or out of the DAS allocation program
or other notification requirements specified in § 648.10.
(D) Fail to comply with any requirements for declaring out of the DAS allocation program and
steaming to land scallops at ports located at or south of 39° N. lat., as specified in §
648.53(f)(3).
(E) Possess on board or land in-shell scallops if declaring out of the DAS allocation program
and steaming to land scallops at ports located at or south of 39° N. lat.
(v) VMS requirements.
(A) Fail to have an approved, operational, and functioning VMS unit that meets the
specifications of § 648.9 on board the vessel at all times, unless the vessel is not subject
to the VMS requirements specified in § 648.10.
(B) If the vessel is not subject to VMS requirements specified in § 648.10(b), fail to comply
with the requirements of the call-in system specified in § 648.10(c).
(C) If a limited access scallop vessel declares a scallop trip before first crossing the VMS
Demarcation Line, but not necessarily from port, in accordance with § 648.10(f), fail to
declare out of the fishery in port and have fishing gear not available for immediate use as
defined in § 648.2, until declared into the scallop fishery.
(D) Once declared into the scallop fishery in accordance with § 648.10(f), change its VMS
declaration until the trip has ended and scallop catch has been offloaded, except as
specified at § 648.53(f)(3).
(E) Fail to submit a scallop access area pre-landing notification form through VMS as
specified at § 648.10(f)(4)(iii).
(vi) Scallop Rotational Area Management Program and Scallop Access Area Program requirements.
(A) Fail to comply with any of the provisions and specifications of § 648.59.
(B) [Reserved]
(C) Fish for, possess, or land scallops in or from a Scallop Access Area in excess of the
vessel's remaining specific allocation for that area as specified in § 648.59(b)(3) or the
amount permitted to be landed from that area.
(D) Possess more than 3,332 lb (1,511 kg) of in-shell scallops outside the boundaries of a
Scallop Access Area by a vessel that is declared into the Scallop Access Area Program as
specified in § 648.59.
(E) Fish for, possess, or land scallops in or from any Scallop Access Area without an observer
on board, unless the vessel owner, operator, or manager has received a waiver to carry an
observer for the specified trip and area fished.
(F)-(G) [Reserved]
(vii) State waters exemption program. Fail to comply with any requirement for participating in the
State Waters Exemption Program specified in § 648.54.
50 CFR 648.14(i)(2)(vii) (enhanced display)

page 141 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(i)(2)(viii)

(viii) [Reserved]
(ix) Fish for scallops in the Mid-Atlantic Accountability Measure Area, described in § 648.64(b)(2)
with gear that does not meet the specifications described in § 648.64(c) during the period
specified in the notice announcing the Southern New England/Mid-Atlantic Yellowtail Flounder
or the Southern Windowpane Flounder Gear Restricted Area described in § 648.64(e) and (g),
respectively.
(x) Fish for scallops in the Georges Bank Accountability Measure Area described in § 648.64(b)(1),
with gear that does not meet the specifications described in § 648.64(c) during the period
specified in the notice announcing the Georges Bank Yellowtail Flounder or the Northern
Windowpane Flounder Gear Restricted Area described in § 648.64(d) and (f), respectively.
(3) LAGC scallop vessels. It is unlawful for any person owning or operating a vessel issued an LAGC
scallop permit to do any of the following:
(i)

Permit requirements.
(A) Fail to comply with the LAGC scallop permit restrictions as specified in § 648.4(a)(2)(ii)(G)
through (O).
(B) [Reserved]

(ii) Gear requirements.
(A) Possess or use trawl gear that does not comply with any of the provisions or
specifications in § 648.51(a), unless the vessel is fishing under the Northeast
multispecies or monkfish DAS program.
(B) Possess or use dredge gear that does not comply with any of the provisions or
specifications in § 648.51(b).
(iii) Possession and landing.
(A) Land scallops more than once per calendar day.
(B) Possess in-shell scallops while in possession of the maximum allowed amount of
shucked scallops specified for each LAGC scallop permit category in § 648.52.
(iv) VMS requirements.
(A) Fail to comply with any of the VMS requirements specified in §§ 648.10, 648.59, or 648.62.
(B) Fail to comply with any requirement for declaring in or out of the LAGC scallop fishery or
other notification requirements specified in § 648.10(f).
(C) If an LAGC scallop vessel declares a scallop trip shoreward of the VMS Demarcation Line,
but not necessarily from port, in accordance with § 648.10(f), fail to declare out of the
fishery in port and have fishing gear not available for immediate use as defined in § 648.2,
until declared into the scallop fishery.
(D) Once declared into the scallop fishery in accordance with § 648.10(f), change its VMS
declaration until the trip has ended and scallop catch has been offloaded.
(v) Scallop rotational area management program and scallop access area program requirements.
(A) Fail to comply with any of the requirements specified in § 648.59.
50 CFR 648.14(i)(3)(v)(A) (enhanced display)

page 142 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(i)(3)(v)(B)

(B) Declare into or leave port for an area specified in § 648.60 after the effective date of a
notification published in the FEDERAL REGISTER stating that the number of LAGC trips have
been taken, as specified in § 648.59.
(C) Fish for or land per trip, or possess in excess of 40 lb (18.1 kg) of shucked scallops at any
time in or from any Scallop Access Area specified at § 648.60, unless declared into the
Scallop Access Area Program.
(D) Fish for, possess, or land scallops in or from any Scallop Access Area without an observer
on board, unless the vessel owner, operator, or manager has received a waiver to carry an
observer for the specified trip and area fished.
(E) [Reserved]
(vi) Sectors. Fail to comply with any of the requirements and restrictions for General Category
sectors and harvesting cooperatives specified in § 648.63.
(4) IFQ scallop permit. It is unlawful for any person owning or operating a vessel issued an IFQ scallop
permit to do any of the following:
(i)

Possession and landing.
(A) Fish for or land per trip, or possess at any time, in excess of the possession and landing
limits described in § 648.52(a).
(B) [Reserved]
(C) Declare into the NGOM scallop management area and fish against the NGOM Set-Aside
after the effective date of a notification published in the FEDERAL REGISTER stating that after
the NGOM Set-Aside has been harvested as specified in § 648.62, unless the vessel is
fishing exclusively in state waters, declared a state-waters only NGOM trip, and is
participating in an approved state waters exemption program as specified in § 648.54, or
unless the vessel is participating in the scallop RSA program as specified in § 648.56.
(D)—(E) [Reserved]
(F) Fish for, possess, or land scallops in excess of a vessel's IFQ.

(ii) Owner and allocation cap.
(A) Have an ownership interest in vessels that collectively are allocated more than 5 percent
of the total IFQ scallop APL as specified in § 648.53(a)(9).
(B) Have an IFQ allocation on an IFQ scallop vessel of more than 2.5 percent of the total IFQ
scallop APL as specified in § 648.53(a)(9).
(iii) IFQ Transfer Program.
(A) Apply for an IFQ transfer that will result in the transferee having an aggregate ownership
interest in more than 5 percent of the total IFQ scallop ACL.
(B) Apply for an IFQ transfer that will result in the receiving vessel having an IFQ allocation in
excess of 2.5 percent of the total IFQ scallop ACL as specified in § 648.53(a)(4)(i).
(C) Fish for, possess, or land transferred IFQ prior to approval of the transfer by the Regional
Administrator as specified in § 648.53(h)(5).
50 CFR 648.14(i)(4)(iii)(C) (enhanced display)

page 143 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(i)(4)(iii)(D)

(D)-(F) [Reserved]
(G) Transfer scallop IFQ to, or receive scallop IFQ from, a vessel that has not been issued a
valid IFQ scallop permit.
(iv) Cost Recovery Program. Fail to comply with any of the cost recovery requirements specified
under § 648.53(g)(4).
(v) Fish for scallops in the Mid-Atlantic Accountability Measure Area, described in § 648.64(b)(2)
with gear that does not meet the specifications described in § 648.64(c) during the period
specified in the notice announcing the Southern New England/Mid-Atlantic Yellowtail Flounder
or the Southern Windowpane Flounder Gear Restricted Area described in § 648.64(e) and (g),
respectively.
(vi) Fish for scallops in the Georges Bank Accountability Measure Area described in § 648.64(b)(1),
with gear that does not meet the specifications described in § 648.64(c) during the period
specified in the notice announcing the Georges Bank Yellowtail Flounder or the Northern
Windowpane Flounder Gear Restricted Area described in § 648.64(d) and (f), respectively.
(5) NGOM scallop permit. It is unlawful for any person owning or operating a vessel issued an NGOM
scallop permit to do any of the following:
(i)

Declare into, or fish for or possess scallops outside of the NGOM Scallop Management Area as
defined in § 648.62.

(ii) [Reserved]
(iii) Fish for, possess, or land scallops in state or Federal waters of the NGOM management area
after the effective date of notification in the FEDERAL REGISTER that the LAGC share of the NGOM
Set-Aside has been harvested as specified in § 648.62, unless the vessel is fishing exclusively
in state waters, declared a state-waters only NGOM trip, and is participating in an approved
state waters exemption program as specified in § 648.54, or unless the vessel is participating
in the scallop RSA program as specified in § 648.56.
(iv) Fish for, possess, or retain scallops in Federal waters of the NGOM after declaring a trip into
NGOM state waters.
(j)

Atlantic surfclam and ocean quahog. It is unlawful for any person to do any of the following:
(1) Possession and landing.
(i)

Fish for surfclams or ocean quahogs in any area closed to surfclam or ocean quahog fishing.

(ii) Shuck surfclams or ocean quahogs harvested in or from the EEZ at sea, unless permitted by the
Regional Administrator under the terms of § 648.75.
(iii) Fish for, retain, or land both surfclams and ocean quahogs in or from the EEZ on the same trip.
(iv) Fish for, retain, or land ocean quahogs in or from the EEZ on a trip designated as a surfclam
fishing trip under § 648.15(b); or fish for, retain, or land surfclams in or from the EEZ on a trip
designated as an ocean quahog fishing trip under § 648.15(b).
(v) Fail to offload any surfclams or ocean quahogs harvested in the EEZ from a trip discontinued
pursuant to § 648.15(b) prior to commencing fishing operations in waters under the jurisdiction
of any state.
50 CFR 648.14(j)(1)(v) (enhanced display)

page 144 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(j)(1)(vi)

(vi) Land or possess any surfclams or ocean quahogs harvested in or from the EEZ without having
been issued, or in excess of, an individual allocation.
(2) Transfer and purchase.
(i)

Receive for a commercial purpose other than solely for transport on land, surfclams or ocean
quahogs harvested in or from the EEZ, whether or not they are landed under an allocation under
§ 648.74, unless issued a dealer/processor permit under this part.

(ii) Transfer any surfclams or ocean quahogs harvested in or from the EEZ to any person for a
commercial purpose, other than solely for transport on land, without a surfclam or ocean
quahog processor or dealer permit.
(iii) Offload unshucked surfclams or ocean quahogs harvested in or from the EEZ outside the Maine
mahogany quahog zone from vessels not capable of carrying cages, other than directly into
cages.
(3) Gear and tags requirements.
(i)

Alter, erase, mutilate, duplicate or cause to be duplicated, or steal any cage tag issued under
this part.

(ii) Produce, or cause to be produced, cage tags required under this part without written
authorization from the Regional Administrator.
(iii) Tag a cage with a tag that has been rendered null and void or with a tag that has been
previously used.
(iv) Tag a cage of surfclams with an ocean quahog cage tag, or tag a cage of ocean quahogs with a
surfclam cage tag.
(v) Possess an empty cage to which a cage tag required by § 648.77 is affixed, or possess any
cage that does not contain surfclams or ocean quahogs and to which a cage tag required by §
648.77 is affixed.
(vi) Land or possess, after offloading, any cage holding surfclams or ocean quahogs without a cage
tag or tags required by § 648.77, unless the person can demonstrate the inapplicability of the
presumptions set forth in § 648.77(h).
(vii) Sell null and void tags.
(viii) Take action to circumvent an ITQ quota share cap or cage tag cap specified in 648.74(a)(2) or
fail to take corrective action if such cap is exceeded inadvertently.
(4) VMS requirements.
(i)

Fail to maintain an operational VMS unit as specified in § 648.9, and comply with any of the
notification requirements specified in § 648.15(b) including:
(A) Fish for, land, take, possess, or transfer surfclams or ocean quahogs under an open
access surfclam or ocean quahog permit without having provided proof to the Regional
Administrator that the vessel has a fully functioning VMS unit on board the vessel and
declared a surfclam, ocean quahog, or Maine mahogany quahog fishing activity code via
the VMS unit prior to leaving port as specified at § 648.15(b).

50 CFR 648.14(j)(4)(i)(A) (enhanced display)

page 145 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(j)(4)(i)(B)

(B) Fish for, land, take, possess, or transfer ocean quahogs under a limited access Maine
mahogany quahog permit without having provided proof to the Regional Administrator of
NMFS that the vessel has a fully functioning VMS unit on board the vessel and declared a
fishing trip via the VMS unit as specified at § 648.15(b).
(5) Maine mahogany quahog zone.
(i)

Land unshucked surfclams or ocean quahogs harvested in or from the EEZ outside the Maine
mahogany quahog zone in containers other than cages from vessels capable of carrying cages.

(ii) Land unshucked surfclams and ocean quahogs harvested in or from the EEZ within the Maine
mahogany quahog zone in containers other than cages from vessels capable of carrying cages
unless, with respect to ocean quahogs, the vessel has been issued a Maine mahogany quahog
permit under this part and is not fishing for an individual allocation of quahogs under § 648.74.
(iii) Offload unshucked surfclams harvested in or from the EEZ within the Maine mahogany quahog
zone from vessels not capable of carrying cages, other than directly into cages.
(iv) Offload unshucked ocean quahogs harvested in or from the EEZ within the Maine mahogany
quahog zone from vessels not capable of carrying cages, other than directly into cages, unless
the vessel has been issued a Maine mahogany quahog permit under this part and is not fishing
for an individual allocation of quahogs under § 648.74.
(v) Land or possess ocean quahogs harvested in or from the EEZ within the Maine mahogany
quahog zone after the effective date published in the FEDERAL REGISTER notifying participants
that Maine mahogany quahog quota is no longer available for the respective fishing year, unless
the vessel is fishing for an individual allocation of ocean quahogs under § 648.74.
(6) Presumptions. For purposes of this part, the following presumptions apply:
(i)

Possession of surfclams or ocean quahogs on the deck of any fishing vessel in closed areas, or
the presence of any part of a vessel's gear in the water in closed areas is prima facie evidence
that such vessel was fishing in violation of the provisions of the Magnuson-Stevens Act and
these regulations.

(ii) Surfclams or ocean quahogs landed from a trip for which notification was provided under §
648.15(b) or § 648.74(b) are deemed to have been harvested in the EEZ and count against the
individual's annual allocation, unless the vessel has a valid Maine mahogany quahog permit
issued pursuant to § 648.4(a)(4)(i) and is not fishing for an individual allocation under §
648.74.
(iii) Surfclams or ocean quahogs found in cages without a valid state tag are deemed to have been
harvested in the EEZ and are deemed to be part of an individual's allocation, unless the vessel
has a valid Maine mahogany quahog permit issued pursuant to § 648.4(a)(4)(i) and is not
fishing for an individual allocation under § 648.74; or, unless the preponderance of available
evidence demonstrates that he/she has surrendered his/her surfclam and ocean quahog
permit issued under § 648.4 and he/she conducted fishing operations exclusively within waters
under the jurisdiction of any state. Surfclams and ocean quahogs in cages with a Federal tag or
tags, issued and still valid pursuant to this part, affixed thereto are deemed to have been
harvested by the individual allocation holder to whom the tags were issued or transferred under
§ 648.74 or § 648.77(b).
(k) NE multispecies —
50 CFR 648.14(k) (enhanced display)

page 146 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(1)

(1) Permit requirements for all persons. It is unlawful for any person, including any owner or operator of a
vessel issued a valid Federal NE multispecies permit or letter under § 648.4(a)(1)(i), unless
otherwise specified in § 648.17, to do any of the following:
(i)

Fish for, possess, or land NE multispecies, unless:
(A) The NE multispecies are being fished for or were harvested in or from the EEZ by a vessel
holding a valid Federal NE multispecies permit under this part, or a letter under §
648.4(a)(1), and the operator on board such vessel has a valid operator's permit and has it
on board the vessel.
(B) The NE multispecies were harvested by a vessel not issued a Federal NE multispecies
permit, nor eligible to renew or be reissued a limited access NE multispecies permit as
specified in § 648.4(b)(2), that fishes for NE multispecies exclusively in state waters.
(C) The NE multispecies were harvested in or from the EEZ by a recreational fishing vessel.
(D) Any haddock, and up to 100 lb (45 kg) of other regulated NE multispecies other than
haddock, were harvested by a vessel issued a Category A or B Herring Permit on a
declared herring trip, regardless of gear or area fished, or a vessel issued a Category C, D,
or E Herring Permit that fished with midwater trawl gear, pursuant to the requirements in §
648.80(d) and (e), and such fish are not sold for human consumption.
(E) Otherwise specified in § 648.17.

(ii) Land, offload, remove, or otherwise transfer; or attempt to land, offload, remove or otherwise
transfer; NE multispecies from one vessel to another vessel, unless both vessels have not been
issued Federal NE multispecies permits and both fish exclusively in state waters, unless
authorized in writing by the Regional Administrator, or otherwise allowed.
(iii) Sell, barter, trade, or otherwise transfer; or attempt to sell, barter, trade, or otherwise transfer; for
a commercial purpose any NE multispecies from a trip, unless:
(A) The vessel is holding a Federal NE multispecies permit, or a letter under § 648.4(a)(1), and
is not fishing under the charter/party vessel restrictions specified in § 648.89.
(B) The NE multispecies were harvested by a vessel without a Federal NE multispecies permit
that fishes for NE multispecies exclusively in state waters.
(C) Or as otherwise specified in § 648.17.
(iv) Operate or act as an operator of a vessel fishing for or possessing NE multispecies in or from
the EEZ, or holding a Federal NE multispecies vessel permit without having been issued and
possessing a valid operator's permit.
(2) Permit requirements for vessel and operator permit holders. It is unlawful for any owner or operator of
a vessel issued a valid Federal NE multispecies permit or letter under § 648.4(a)(1)(i), unless
otherwise specified in § 648.17, to do any of the following:
(i)

Fish for, possess, or land NE multispecies with or from a vessel that has had the length overall
of such vessel, or its replacement, increased or upgraded in excess of limitations specified in §
648.4(a)(1)(i)(E) and (F).

50 CFR 648.14(k)(2)(i) (enhanced display)

page 147 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(2)(ii)

(ii) Fish for, possess, or land NE multispecies with or from a vessel that has had the horsepower of
such vessel or its replacement upgraded or increased in excess of the limitations specified in §
648.4(a)(1)(i)(E) and (F).
(iii) Fail to comply with the pre-trip notification requirements of the NE multispecies observer
program specified in § 648.11(l).
(iv) Possess or land fish while setting fixed gear on a set-only trip as declared through the pre-trip
notification system pursuant to § 648.11(l).
(v) Fish for, possess, land fish, enroll in a sector, or lease a permit or confirmation of permit history
(CPH) as a lessor or lessee, with a permit that has been rendered unusable as specified in §
648.4(a)(1)(i)(N).
(vi) Acquire a limited access NE multispecies permit that would result in a permit holder exceeding
any of the ownership accumulation limits specified in § 648.4(a)(1)(i)(N), unless authorized
under § 648.4(a)(1)(i)(N).
(3) Dealer requirements. It is unlawful for any person to:
(i)

Purchase, possess, import, export, or receive as a dealer, or in the capacity of a dealer, allocated
regulated species or ocean pout in excess of the possession limits specified in § 648.82, §
648.85, § 648.86, or § 648.87 applicable to a vessel issued a NE multispecies permit, unless
otherwise specified in § 648.17, or unless the regulated species or ocean pout are purchased or
received from a vessel that caught them on a sector trip and such species are exempt from
such possession limits in accordance with an approved sector operations plan, as specified in
§ 648.87(c).

(ii) Sell or transfer to another person for a commercial purpose, other than solely for transport on
land, any NE multispecies harvested from the EEZ by a vessel issued a Federal NE multispecies
permit, unless the transferee has a valid NE multispecies dealer permit.
(iii) Purchase, possess, import, export, or receive as a dealer, or in the capacity of a dealer, allocated
regulated species from a vessel participating in the maximized retention electronic monitoring
program in § 648.11(l) unless the offload of catch was observed by a dockside monitor or
NMFS issued a waiver from dockside monitoring for the trip.
(iv) Assault, resist, oppose, impede, harass, intimidate, or interfere with or bar by command,
impediment, threat, or coercion any observer or monitor conducting his or her duties or any
electronic monitoring provider staff who collects data required under this part.
(v) Impede a dockside monitor's access to their premises, scales, and any fish received from
vessels participating in the maximized retention electronic monitoring program; fail to facilitate
dockside monitoring for vessels participating in a maximized retention electronic monitoring
program; or fail to process, sort, label, and report fish from vessels participating in the
maximized retention monitoring program, as required in § 648.11(l)(10)(iv).
(4) NAFO. It is unlawful for any owner or operator of a vessel issued a valid NE multispecies permit or
letter under § 648.4(a)(1)(i), to fail to comply with the exemption specifications in § 648.17.
(5) Regulated Mesh Areas. It is unlawful for any person, including any owner or operator of a vessel
issued a valid Federal NE multispecies permit or letter under § 648.4(a)(1)(i), unless otherwise
specified in § 648.17, to do any of the following:
50 CFR 648.14(k)(5) (enhanced display)

page 148 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.14(k)(5)(i)

Violate any of the provisions of § 648.80, including paragraphs (a)(5), the Small-mesh Northern
Shrimp Fishery Exemption Area; (a)(6), the Cultivator Shoal Whiting Fishery Exemption Area;
(a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket Shoals Dogfish Fishery
Exemption Area; (h)(3)(i), the GOM Scallop Dredge Exemption Area; (a)(12), the Nantucket
Shoals Mussel and Sea Urchin Dredge Exemption Area; (a)(13), the GOM/GB Monkfish Gillnet
Exemption Area; (a)(14), the GOM/GB Dogfish Gillnet Exemption Area; (a)(15), the Raised
Footrope Trawl Exempted Whiting Fishery; (a)(16), the GOM Grate Raised Footrope Trawl
Exempted Whiting Fishery; (h)(3)(ii), the Georges Bank/Southern New England Scallop Dredge
Exemption Area; (a)(19), the Eastern and Western Cape Cod Spiny Dogfish Exemption Areas;
(b)(3), exemptions (small mesh); (b)(5), the SNE Monkfish and Skate Trawl Exemption Area;
(b)(6), the SNE Monkfish and Skate Gillnet Exemption Area; (b)(8), the SNE Mussel and Sea
Urchin Dredge Exemption Area; (b)(9), the SNE Little Tunny Gillnet Exemption Area; (h)(3)(ii); or
(b)(12), the SNE Skate Bait Trawl Exemption Area. Each violation of any provision in § 648.80
constitutes a separate violation.

(ii) Enter or fish in the Gulf of Maine, Georges Bank, or Southern New England Regulated Mesh
Areas, except as provided in § 648.80(a)(3)(vi) and (b)(2)(vi), and, for purposes of transiting, all
gear (other than exempted gear) must be stowed and not available for immediate use as
defined in § 648.2.
(iii) Gulf of Maine and Georges Bank Regulated Mesh Areas.
(A) Fish with, use, or have on board, within the areas described in § 648.80(a)(1) and (2), nets
with mesh size smaller than the minimum mesh size specified in § 648.80(a)(3) and (4);
except as provided in § 648.80(a)(5) through (8), (a)(9), (a)(10), (a)(15), (a)(16), (d), (e),
and (i); unless the vessel has not been issued a NE multispecies permit and fishes for NE
multispecies exclusively in state waters, or unless otherwise specified in § 648.17.
(B) Fish within the areas described in § 648.80(a)(6) with net mesh smaller than the minimum
size specified in § 648.80(a)(3) or (4).
(iv) Southern New England Regulated Mesh Area. Fish with, use, or have available for immediate use
within the area described in § 648.80(b)(1), net mesh smaller than the minimum size specified
in § 648.80(b)(2), except as provided in § 648.80(b)(3), (b)(9), (d), (e), and (i), or unless the
vessel has not been issued a Federal NE multispecies permit and fishes for multispecies
exclusively in state waters, or unless otherwise specified in § 648.17.
(v) Mid-Atlantic Regulated Mesh Area. Fish with, use, or have available for immediate use within the
area described in § 648.80(c)(1), nets of mesh size smaller than the minimum mesh size
specified in § 648.80(c)(2); except as provided in § 648.80(c)(3), (d), (e), and (i); or unless the
vessel has not been issued a Federal NE multispecies permit and fishes for NE multispecies
exclusively in state waters, or unless otherwise specified in § 648.17.
(vi) Mid-water trawl exempted fishery.
(A) Fish for, land, or possess NE multispecies harvested by means of pair trawling or with pair
trawl gear, except under the provisions of § 648.80(d), or unless the vessels that engaged
in pair trawling have not been issued multispecies permits and fish for NE multispecies
exclusively in state waters.

50 CFR 648.14(k)(5)(vi)(A) (enhanced display)

page 149 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(5)(vi)(B)

(B) Possess, land, or fish for regulated species or ocean pout, except winter flounder as
provided for in accordance with § 648.80(i) from or within the areas described in §
648.80(i), while in possession of scallop dredge gear on a vessel not fishing under the
scallop DAS program as described in § 648.53, or fishing under a LAGC permit, unless the
vessel and the dredge gear conform with the definition of not available for immediate use
as defined in § 648.2, or unless the vessel has not been issued a Federal NE multispecies
permit and fishes for, possesses, or lands NE multispecies exclusively in state waters.
(vii) Scallop vessels.
(A) Violate any of the possession or landing restrictions on fishing with scallop dredge gear
specified in §§ 648.80(h) and 648.94.
(B) Possess, land, or fish for regulated species, except winter flounder as provided for in
accordance with § 648.80(i) from or within the areas described in § 648.80(i), while in
possession of scallop dredge gear on a vessel not fishing under the scallop DAS program
as described in § 648.53, or fishing under a general scallop permit, unless the vessel and
the dredge gear conform with the definition of not available for immediate use as defined
in § 648.2, or unless the vessel has not been issued a Federal NE multispecies permit and
fishes for NE multispecies exclusively in state waters.
(viii) Northern shrimp and small mesh multispecies exempted fisheries.
(A) Fish for, harvest, possess, or land in or from the EEZ northern shrimp, unless such shrimp
were fished for or harvested by a vessel meeting the requirements specified in §
648.80(a)(5).
(B) Fish for, harvest, possess, or land in or from the EEZ, when fishing with trawl gear, any of
the exempted species specified in § 648.80(a)(9)(i), unless such species were fished for
or harvested by a vessel meeting the requirements specified in § 648.80(a)(5)(ii) or
(a)(9)(ii).
(ix) Winter flounder state exemption program. Violate any provision of the state waters winter
flounder exemption program as provided in § 648.80(i).
(6) Gear requirements —
(i)

For all persons. It is unlawful for any person, including any owner or operator of a vessel issued
a valid NE multispecies permit or letter under § 648.4(a)(1)(i), unless otherwise specified in §
648.17, to do any of the following:
(A) Obstruct or constrict a net as described in § 648.80(g)(1) or (2).
(B) Fish for, harvest, possess, or land any species of fish in or from the GOM/GB Inshore
Restricted Roller Gear Area described in § 648.80(a)(3)(vii) with trawl gear where the
diameter of any part of the trawl footrope, including discs, rollers or rockhoppers, is
greater than 12 inches (30.5 cm).
(C) Fish for, land, or possess NE multispecies harvested with brush-sweep trawl gear unless
the vessel has not been issued a Federal NE multispecies permit and fishes for NE
multispecies exclusively in state waters.

50 CFR 648.14(k)(6)(i)(C) (enhanced display)

page 150 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(6)(i)(D)

(D) Possess brush-sweep trawl gear while in possession of NE multispecies, unless the vessel
has not been issued a Federal NE multispecies permit and fishes for NE multispecies
exclusively in state waters.
(E) Use, set, haul back, fish with, possess on board a vessel, unless stowed and not available
for immediate use as defined in § 648.2, or fail to remove, sink gillnet gear and other
gillnet gear capable of catching NE multispecies, with the exception of single pelagic
gillnets (as described in § 648.81(b)(2)(ii) and (d)(5)(ii)), in the areas and for the times
specified in § 648.80(g)(6)(i) and (ii), except as provided in § 648.80(g)(6)(i) and (ii), and §
648.81(b)(2)(ii) and (d)(5)(ii), or unless otherwise authorized in writing by the Regional
Administrator.
(F) Fish for, land, or possess NE multispecies harvested with the use of de-hookers
(“crucifiers”) with less than 6-inch (15.2-cm) spacing between the fairlead rollers unless
the vessel has not been issued a Federal NE multispecies permit and fishes for NE
multispecies exclusively in state waters.
(G) Possess or use de-hookers (“crucifiers”) with less than 6-inch (15.2-cm) spacing between
the fairlead rollers while in possession of NE multispecies, unless the vessel has not been
issued a Federal NE multispecies permit and fishes for NE multispecies exclusively in
state waters.
(ii) For vessel and operator permit holders. It is unlawful for any owner or operator of a vessel
issued a valid NE multispecies permit or letter under § 648.4(a)(1)(i), unless otherwise
specified in § 648.17, to do any of the following:
(A) Gillnet gear.
(1) If the vessel has been issued a limited access NE multispecies permit and fishes
under a NE multispecies DAS or on a sector trip with gillnet gear, fail to comply with
gillnet tagging requirements specified in §§ 648.80(a)(3)(iv)(B)(4), (a)(3)(iv)(C),
(a)(4)(iv)(B)(3), (b)(2)(iv)(B)(3), and (c)(2)(v)(B)(3), or fail to produce immediately, or
cause to be produced immediately, gillnet tags when requested by an authorized
officer.
(2) Produce, or cause to be produced, gillnet tags under § 648.80(a)(3)(iv)(C), without
the written confirmation from the Regional Administrator described in §
648.80(a)(3)(iv)(C).
(3) Tag a gillnet or use a gillnet tag that has been reported lost, missing, destroyed, or
that was issued to another vessel.
(4) Sell, transfer, or give away gillnet tags that have been reported lost, missing,
destroyed, or issued to another vessel.
(5) Enter, fail to remove sink gillnet gear or gillnet gear capable of catching NE
multispecies from, or be in the areas, and for the times, described in § 648.80(g)(6)(i)
and (ii), except as provided in §§ 648.80(g)(6)(i) and 648.81(i).
(B) Hook gear. Fail to comply with the restrictions on fishing and gear specified in §§
648.80(a)(3)(v), (a)(4)(v), (b)(2)(v), and (c)(2)(iv) if the vessel has been issued a limited
access NE multispecies permit and fishes with hook gear in areas specified in §
648.80(a), (b), or (c).
50 CFR 648.14(k)(6)(ii)(B) (enhanced display)

page 151 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(7)

(7) Closed areas and EFH —
(i)

All persons. It is unlawful for any person, including any owner or operator of a vessel issued a
valid Federal NE multispecies permit or letter under § 648.4(a)(1)(i), unless otherwise specified
in § 648.17, to do any of the following:
(A) Groundfish Closure Area restrictions. Enter, be on a fishing vessel in, or fail to remove gear
from the EEZ portion of the areas described in § 648.81(a)(3), (4), and (5) and (d)(3),
except as provided in § 648.81(a)(2), (d)(2), and (i).
(B) Groundfish Closure Area possession restrictions. Fish for, harvest, possess, or land
regulated species in or from the closed areas specified in § 648.81(a) through (d) and (n),
unless otherwise specified in § 648.81(c)(2)(iii), (d)(5)(i), (iv), (viii), and (ix), (i), (b)(2), or as
authorized under § 648.85.
(C) Restricted Gear Areas.
(1) Fish, or be in the areas described in § 648.81(f)(3) through (6) on a fishing vessel
with mobile gear during the time periods specified in § 648.81(f)(1), except as
provided in § 648.81(f)(2).
(2) Fish, or be in the areas described in § 648.81(f)(3) through (5) on a fishing vessel
with lobster pot gear during the time periods specified in § 648.81(f)(1).
(3) Deploy in or fail to remove lobster pot gear from the areas described in § 648.81(f)(3)
through (5), during the time periods specified in § 648.81(f)(1).
(D) Georges Bank Seasonal Closure Areas. Enter, fail to remove gear from, or be in the areas
described in § 648.81(c) during the time periods specified, except as provided in §
648.81(c)(2).
(E) [Reserved]
(F) Closed Area II. Enter or be in the area described in § 648.81(a)(5) on a fishing vessel,
except as provided in § 648.81(a)(5)(ii).
(G) [Reserved]

(ii) Vessel and permit holders. It is unlawful for any owner or operator of a vessel issued a valid NE
multispecies permit or letter under § 648.4(a)(1)(i), unless otherwise specified in § 648.17,
when fishing with bottom-tending mobile gear, fish in, enter, be on a fishing vessel in, the
Habitat Management Areas described in § 648.370.
(8) DAS restrictions for all persons. It is unlawful for any person, including any owner or operator of a
vessel issued a valid NE multispecies permit or letter under § 648.4(a)(1)(i), unless otherwise
specified in § 648.17, to do any of the following:
(i)

For vessels issued a limited access NE multispecies permit, or those issued a limited access
NE multispecies permit and a limited access monkfish permit (Category C, D, F, G, or H), but not
fishing under the limited access monkfish Category A or B provisions as allowed under §
648.92(b)(2), call into the DAS program prior to 1 hr before leaving port.

(ii) Call in DAS in excess of those allocated, leased, or permanently transferred, in accordance with
the restrictions and conditions of § 648.82.
50 CFR 648.14(k)(8)(ii) (enhanced display)

page 152 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(9)

(9) DAS restrictions for vessel and operator permit holders. It is unlawful for any owner or operator of a
vessel issued a valid NE multispecies permit or letter under § 648.4(a)(1)(i), unless otherwise
specified in § 648.17, to do any of the following:
(i)

If operating under the provisions of a limited access NE multispecies Handgear A permit south
of the GOM Regulated Mesh Area, as defined at § 648.80(a)(1), fail to declare the vessel
operator's intent to fish in this area via VMS or fail to obtain or retain on board a letter of
authorization from the Regional Administrator, as required by § 648.82(b)(6)(iii).

(ii) DAS Leasing Program.
(A) Provide false information on an application, required by § 648.82(k)(4)(xi), to downgrade
the DAS Leasing Program baseline.
(B) Lease NE multispecies DAS or use leased DAS that have not been approved for leasing by
the Regional Administrator as specified in § 648.82(k).
(C) Provide false information on, or in connection with, an application, required under §
648.82(k)(3), to effectuate the leasing of NE multispecies DAS.
(D) Act as lessor or lessee of a NE multispecies Category B DAS, or Category C DAS.
(E) Act as lessor or lessee of NE multispecies DAS, if the lessor's or the lessee's vessels do
not comply with the size restrictions specified in § 648.82(k)(4)(ix).
(F) Sub-lease NE multispecies DAS.
(G) [Reserved]
(H) Lease NE multispecies DAS to a vessel that does not have a valid limited access
multispecies permit.
(I)

[Reserved]

(J) Lease NE multispecies DAS if the number of unused allocated DAS is less than the
number of DAS requested to be leased.
(K) Lease NE multispecies DAS in excess of the duration specified in § 648.82(k)(4)(viii).
(L) Combine, transfer, or consolidate DAS allocations, except as provided for under the DAS
Leasing Program or the DAS Transfer Program, as specified under § 648.82(k) and (l),
respectively.
(M) Lease NE multispecies DAS to or from a common pool vessel if either the Lessor or the
Lessee vessel is a sector vessel.
(N) Act as a lessor or lessee of NE multispecies DAS to or from a limited access permit that
has been rendered unusable as specified in § 648.4(a)(1)(i)(N).
(iii) DAS Transfer Program.
(A) Transfer NE multispecies DAS, or use transferred DAS, that have not been approved for
transfer by the Regional Administrator, as specified in § 648.82(l).
(B) Provide false information on, or in connection with, an application, required by §
648.82(l)(2), for a NE multispecies DAS transfer.
50 CFR 648.14(k)(9)(iii)(B) (enhanced display)

page 153 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(9)(iii)(C)

(C) Permanently transfer only a portion of a vessel's total allocation of DAS.
(D) Permanently transfer NE multispecies DAS between vessels, if such vessels do not comply
with the size restrictions specified in § 648.82(l)(1)(ii).
(E) Transfer NE multispecies DAS to or from a common pool vessel if either the Transferor or
the Transferee vessel is a sector vessel.
(F) Transfer NE multispecies DAS to or from a sector vessel if either the Transferor or the
Transferee vessel is enrolled in a different sector for that particular fishing year.
(iv) Gillnet fishery.
(A) Fail to declare, and be, out of the non-exempt gillnet fishery as required by §
648.82(j)(1)(ii), using the procedure specified in § 648.82(h).
(B) For any common pool or sector vessel, fail to comply with the gillnet requirements and
restrictions specified in § 648.82(j), unless otherwise exempted pursuant to § 648.87.
(C) If a vessel has been issued a limited access Day gillnet category designation, fail to
comply with the restrictions and requirements specified in § 648.82(j)(1).
(D) If a vessel has been issued a limited access Trip gillnet category designation, fail to
comply with the restrictions and requirements specified in § 648.82(j)(2).
(v) Spawning blocks. Fail to declare, and be, out of the NE multispecies DAS program as required by
§ 648.82(g), using the procedure described under § 648.82(h), as applicable.
(vi) DAS notification.
(A) For purposes of DAS notification, if required, or electing, to have a VMS unit under §
648.10:
(1) Fail to have a certified, operational, and functioning VMS unit that meets the
specifications of § 648.9 on board the vessel at all times.
(2) Fail to comply with the notification, replacement, or any other requirements regarding
VMS usage specified in § 648.10(b).
(B) Fail to comply with any provision of the DAS notification program specified in § 648.10.
(vii) Charter/party vessels. Participate in the DAS program pursuant to § 648.82 when carrying
passengers for hire on board a vessel during any portion of a fishing trip.
(10) Gear marking requirement for all persons. It is unlawful for any person, including any owner or
operator of a vessel issued a valid NE multispecies permit or letter under § 648.4(a)(1)(i), unless
otherwise specified in § 648.17, to fail to comply with the gear-marking requirements of § 648.84.
(11) U.S./Canada Resource Management Area —
(i)

Possession and landing restrictions of the U.S./Canada Area —
(A) All Persons.
(1) Fish for, harvest, possess or land any regulated NE multispecies from the areas
specified in § 648.85(a)(1), unless in compliance with the restrictions and conditions
specified in § 648.85(a)(3).

50 CFR 648.14(k)(11)(i)(A)(1) (enhanced display)

page 154 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(11)(i)(A)(2)

(2) If fishing under a NE multispecies DAS in the Western U.S./Canada Area or Eastern
U.S./Canada Area specified in § 648.85(a)(1), exceed the trip limits specified in §
648.85(a)(3)(iv), unless further restricted under § 648.85(b) or exempted under §
648.87.
(3) If fishing inside the Eastern U.S./Canada Area and in possession of fish in excess of
what is allowed under more restrictive regulations that apply outside of the Eastern
U.S./Canada Area, fish outside of the Eastern U.S./Canada Area on the same trip, as
prohibited under § 648.85(a)(3)(ii)(A).
(4) If fishing both outside and inside of the areas specified for a SAP under §
648.85(b)(3) and (7), under a NE multispecies DAS in the Eastern U.S./Canada Area
specified in § 648.85(a)(1), fail to abide by the DAS and possession restrictions
under § 648.85(b)(7)(v)(A)(2) through (4).
(B) Vessel and operator permit holders. Fail to comply with the GB yellowtail flounder trip limit
specified under § 648.85(a)(3)(iv)(C).
(ii) Gear requirements for all persons. If fishing with trawl gear under a NE multispecies DAS or on a
sector trip in the Eastern U.S./Canada Area defined in § 648.85(a)(1)(ii), fail to fish with a
haddock separator trawl, flounder trawl net, or Ruhle trawl, as specified in § 648.85(a)(3)(iii)
and (b)(6)(iv)(J)(1), unless using other gear authorized under § 648.85(b)(6) or (8).
(iii) Notification and VMS requirements for all persons.
(A) Enter or fish in the Western U.S./Canada Area or Eastern U.S./Canada Area specified in §
648.85(a)(1), unless declared into the area in accordance with § 648.85(a)(3)(ii).
(B) If declared into one of the areas specified in § 648.85(a)(1), fish during that same trip
outside of the declared area, unless in compliance with the applicable restrictions
specified under § 648.85(a)(3)(ii)(A) or (B).
(C) If the vessel has been issued a limited access NE multispecies DAS permit, and is in the
area specified in § 648.85(a), fail to comply with the VMS requirements in §
648.85(a)(3)(i).
(D) If fishing under a NE multispecies DAS or on a sector trip in the Eastern U.S./Canada Area
specified in § 648.85(a)(1)(ii), but not in a SAP specified in § 648.85(b) on the same trip,
fail to comply with the requirements specified in § 648.85(a)(3).
(E) Fail to notify NMFS via VMS prior to departing the Eastern U.S./Canada Area, when fishing
inside and outside of the area on the same trip, in accordance with §
648.85(a)(3)(ii)(A)(1).
(F) When fishing inside and outside of the Eastern U.S./Canada Area on the same trip, fail to
abide by the most restrictive requirements that apply to any area fished, including the DAS
counting, trip limits, and reporting requirements that apply, as described in §
648.85(a)(3)(ii)(A).
(iv) Reporting requirements for all persons.
(A) If fishing under a NE multispecies DAS or on a sector trip in the Western U.S./Canada Area
or Eastern U.S./Canada Area specified in § 648.85(a)(1), fail to report in accordance with
§ 648.85(a)(3)(v).
50 CFR 648.14(k)(11)(iv)(A) (enhanced display)

page 155 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(11)(iv)(B)

(B) Fail to comply with the reporting requirements under § 648.85(a)(3)(ii)(A)(2) when fishing
inside and outside of the Eastern U.S./Canada Area on one trip.
(v) DAS —
(A) All persons. If fishing under a NE multispecies DAS in the Eastern U.S./Canada Area
specified in § 648.85(a)(1)(ii), and in one of the SAPs specified in § 648.85(b)(3) or (8) on
the same trip, fail to comply with the no discard and DAS flip provisions specified in §
648.85(b)(3)(xi) and (b)(8)(v)(I), or the minimum Category A DAS requirement specified in
§ 648.85(b)(3)(xii) and (b)(8)(v)(J).
(B) Vessel and operator permit holders.
(1) [Reserved]
(2) For vessels fishing inside and outside the Eastern U.S./Canada Area on the same trip,
fail to comply with the most restrictive regulations that apply on the trip as required
by § 648.85(a)(3)(ii)(A).
(vi) Closure of the U.S./Canada Area for all persons. If fishing under a NE multispecies DAS or on a
sector trip, declare into, enter, or fish in the Eastern U.S./Canada Area specified in §
648.85(a)(1) if the area is closed under the authority of the Regional Administrator as described
in § 648.85(a)(3)(iv)(D) or (E), unless fishing in the Closed Area II Yellowtail Flounder/Haddock
SAP specified in § 648.85(b)(3) or the Eastern U.S./Canada Haddock SAP Program specified in
§ 648.85(b)(7).
(12) SAP restrictions
(i)

It is unlawful for any person to:
(A) If declared into the areas specified in § 648.85(b), enter or exit the declared areas more
than once per trip.
(B) If a vessel is fishing under a Category B DAS in the Closed Area II Yellowtail Flounder SAP
specified in § 648.85(b)(3), the Regular B DAS Program specified in § 648.85(b)(6), or the
Eastern U.S./Canada Haddock SAP specified in § 648.85(b)(7), remove any fish caught
with any gear, including dumping the contents of a net, except on board the vessel.

(ii) General restrictions for vessel and operator permit holders. Discard legal-sized NE regulated
multispecies, ocean pout, or Atlantic halibut while fishing under a SAP, as described in §§
648.85(b)(3)(xi) or 648.85(b)(7)(v)(I).
(iii) Closed Area II Yellowtail Flounder/Haddock SAP restrictions for all persons.
(A) If fishing under the Closed Area II Yellowtail Flounder/Haddock SAP, fish for, harvest,
possess, or land any regulated NE multispecies or ocean pout from the area specified in §
648.85(b)(3)(ii), unless in compliance with § 648.85(b)(3)(i) through (xiii).
(B) Enter or fish in Closed Area II as specified in § 648.81(a)(5), unless declared into the area
in accordance with § 648.85(b)(3)(v) or (b)(8)(v)(D).
(C) Enter or fish in Closed Area II under the Closed Area II Yellowtail Flounder/Haddock SAP
outside of the season specified in § 648.85(b)(3)(iii).

50 CFR 648.14(k)(12)(iii)(C) (enhanced display)

page 156 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(12)(iii)(D)

(D) If fishing in the Closed Area II Yellowtail Flounder/Haddock SAP specified in §
648.85(b)(3), exceed the number of trips specified in § 648.85(b)(3)(vi) or (vii).
(E) If fishing in the Closed Area II Yellowtail Flounder/Haddock SAP specified in §
648.85(b)(3), exceed the trip limits specified in § 648.85(b)(3)(viii).
(F) If fishing in the Closed Area II Yellowtail Flounder/Haddock SAP specified in §
648.85(b)(3), fail to comply with the gear requirements specified in § 648.85(b)(3)(x).
(iv) [Reserved]
(v) Regular B DAS Program restrictions for vessel and operator permit holders.
(A) If fishing in the Regular B DAS Program specified in § 648.85(b)(6), fail to comply with §§
648.85(b)(6)(iv)(A) through (J).
(B) If fishing in the Regular B DAS Program specified in § 648.85(b)(6), fail to use a haddock
separator trawl as described in § 648.85(a)(3)(iii)(A), or other approved gear as described
in § 648.85(b)(6)(iv)(J).
(C) If possessing a Ruhle Trawl, either at sea or elsewhere, as allowed under §
648.85(b)(6)(iv)(J)(1) or (b)(8)(v)(E)(1), fail to comply with the net specifications under §
648.85(b)(6)(iv)(J)(3).
(D) Discard legal-sized NE regulated multispecies, ocean pout, Atlantic halibut, or monkfish
while fishing under a Regular B DAS in the Regular B DAS Program, as described in §
648.85(b)(6)(iv)(E).
(E) If fishing in the Regular B DAS Program specified in § 648.85(b)(6), fail to comply with the
landing limits specified in § 648.85(b)(6)(iv)(D).
(F) If fishing under a Regular B DAS in the Regular B DAS Program, fail to comply with the DAS
flip requirements of § 648.85(b)(6)(iv)(E) if the vessel harvests and brings on board more
than the landing limit for a groundfish stock of concern specified in § 648.85(b)(6)(iv)(D),
other groundfish specified under § 648.86, or monkfish under § 648.94.
(G) DAS usage restrictions.
(1) If fishing in the Regular B DAS Program, fail to comply with the restriction on DAS use
specified in § 648.82(d)(2)(i)(A).
(2) If fishing in the Regular B DAS Program specified in § 648.85(b)(6), fail to comply
with the minimum Category A DAS and Category B DAS accrual requirements
specified in § 648.85(b)(6)(iv)(F).
(3) Use a Regular B DAS in the Regular B DAS Program specified in § 648.85(b)(6), if the
program has been closed as specified in § 648.85(b)(6)(iv)(G) or (H), or (b)(6)(vi).
(H) VMS requirements.
(1) If fishing in the Regular B DAS Program specified in § 648.85(b)(6), fail to comply
with the VMS requirement specified in § 648.85(b)(6)(iv)(A).
(2) If fishing in the Regular B DAS Program specified in § 648.85(b)(6), fail to comply
with the VMS declaration requirement specified in § 648.85(b)(6)(iv)(C).
50 CFR 648.14(k)(12)(v)(H)(2) (enhanced display)

page 157 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(I)

50 CFR 648.14(k)(12)(v)(I)

If fishing in the Regular B DAS Program specified in § 648.85(b)(6), fail to comply with the
observer notification requirement specified in § 648.85(b)(6)(iv)(B).

(J) If fishing in the Regular B DAS Program specified in § 648.85(b)(6), fail to comply with the
reporting requirements specified in § 648.85(b)(6)(iv)(I).
(vi) Eastern U.S./Canada Haddock SAP Restrictions —
(A) All Persons.
(1) If fishing under a NE multispecies DAS or on a sector trip in the Eastern U.S./Canada
Haddock SAP specified in § 648.85(b)(8), in the area specified in § 648.85(b)(8)(ii),
and during the season specified in § 648.85(b)(8)(iv), fail to comply with §
648.85(b)(8)(v).
(2) VMS and declaration requirements.
(i)

If fishing under a NE multispecies DAS or on a sector trip in the Eastern
U.S./Canada Haddock SAP in the area specified in § 648.85(b)(8)(ii), fail to
comply with the VMS requirements in § 648.85(b)(8)(v)(B).

(ii) If fishing under a NE multispecies DAS or on a sector trip, fish in the Eastern
U.S./Canada Haddock SAP specified in § 648.85(b)(8), unless declared into the
program in accordance with § 648.85(b)(8)(v)(D).
(3) Enter or fish in the Eastern U.S./Canada Haddock SAP outside of the season
specified in § 648.85(b)(8)(iv).
(4) If possessing a Ruhle Trawl, either at sea or elsewhere, as allowed under §
648.85(b)(6)(iv)(J)(1) or (b)(8)(v)(E)(1), fail to comply with the net specifications
under § 648.85(b)(6)(iv)(J)(3).
(5) Possession limits and restrictions.
(i)

If fishing under a NE multispecies DAS in the Eastern U.S./Canada Haddock
SAP, exceed the possession limits specified in § 648.85(b)(8)(v)(F).

(ii) If fishing under the Eastern U.S./Canada Haddock SAP, fish for, harvest,
possess, or land any regulated NE multispecies from the area specified in §
648.85(b)(8)(ii), unless in compliance with the restrictions and conditions of §
648.85(b)(8)(v)(A) through (I).
(6) If fishing in the Eastern U.S./Canada Haddock SAP specified in § 648.85(b)(8), fail to
comply with the reporting requirements of § 648.85(b)(8)(v)(G).
(7) If fishing under the Eastern U.S./Canada Haddock SAP specified in § 648.85(b)(8),
fail to comply with the observer notification requirements of § 648.85(b)(8)(v)(C).
(B) Vessel and operator permit holders.
(1) If fishing in the Eastern U.S./Canada Haddock SAP Area, and other portions of the
Eastern U.S./Canada Haddock SAP Area on the same trip, fail to comply with the
restrictions in § 648.85(b)(8)(v)(A).
(2) DAS usage restrictions.
50 CFR 648.14(k)(12)(vi)(B)(2) (enhanced display)

page 158 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.14(k)(12)(vi)(B)(2)(i)

If fishing in the Eastern U.S./Canada Haddock SAP Area under a Category B
DAS, fail to comply with the DAS flip requirements of § 648.85(b)(8)(v)(I), if the
vessel possesses more than the applicable landing limit specified in §§
648.85(b)(8)(v)(F) or 648.86.

(ii) If fishing in the Eastern U.S./Canada Haddock SAP Area under a Category B
DAS, fail to have the minimum number of Category A DAS available as required
by § 648.85(b)(8)(v)(J).
(3) Fish in the Eastern U.S./Canada Haddock SAP specified in § 648.85(b)(8), if the SAP
is closed as specified in § 648.85(b)(8)(v)(K) or (L).
(13) Possession and landing restrictions.
(i)

It is unlawful for any person to:
(A) Under § 648.85 or § 648.86, fail to offload a sufficient amount of regulated species or
ocean pout subject to a daily possession limit at the end of a fishing trip, as required by §
648.86(i).
(B) Scallop vessels. Possess or land fish caught with nets of mesh smaller than the minimum
size specified in § 648.51, or with scallop dredge gear on a vessel not fishing under the
scallop DAS program described in § 648.54, or fishing under a general scallop permit,
unless said fish are caught, possessed, or landed in accordance with §§ 648.80 and
648.86, or unless the vessel has not been issued a Federal NE multispecies permit and
fishes for NE multispecies exclusively in state waters.

(ii) Vessel and operator permit holders.
(A) Land, or possess on board a vessel, more than the possession or landing limits specified
in § 648.86(a), (b), (c), (d), (e), (g), (h), (j), (k), (l), (n), and (o); or violate any of the other
provisions of § 648.86, unless otherwise specified in § 648.17.
(B) Possess or land per trip more than the possession or landing limits specified in §
648.86(a), (b), (c), (e), (g), (h), (j), (l), (m), (n), and (o); § 648.82(b)(5) and (6); § 648.85; or §
648.88, if the vessel has been issued a limited access NE multispecies permit or open
access NE multispecies permit, as applicable.
(C) Fish for, possess at any time during a trip, or land regulated NE multispecies or ocean pout
specified in § 648.86 after using up the vessel's annual DAS allocation or when not
participating in the DAS program pursuant to § 648.82, unless otherwise exempted by §
648.82(b)(5), § 648.87, or § 648.89, or allowed pursuant to § 648.85(b)(6) or § 648.88.
(D) Atlantic cod.
(1) Enter port, while on a NE multispecies DAS trip, in possession of more than the
allowable limit of cod specified in § 648.86(b)(1), unless the vessel is fishing under
the cod exemption specified in § 648.86(b)(4).
(2) Enter port, while on a NE multispecies DAS trip, in possession of more than the
allowable limit of cod specified in § 648.86(b)(2).
(3) [Reserved]

50 CFR 648.14(k)(13)(ii)(D)(3) (enhanced display)

page 159 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(13)(ii)(D)(4)

(4) Fail to declare through VMS an intent to be exempt from the GOM cod trip limit under
§ 648.86(b)(1), as required under § 648.86(b)(4), or fish north of the exemption line if
in possession of more than the GOM cod trip limit specified under § 648.86(b)(1).
(E) Atlantic halibut. Possess or land per trip more than the possession or landing limit
specified under § 648.86(c).
(F) White hake. Possess or land more white hake than allowed under § 648.86(e).
(G) Yellowtail flounder. While fishing in the areas specified in § 648.86(g)(1) with a NE
multispecies Handgear A permit, or under the NE multispecies DAS program, or under the
limited access monkfish Category C or D permit provisions, possess yellowtail flounder in
excess of the limits specified under § 648.86(g)(1), unless fishing under the recreational
or charter/party regulations, or transiting with gear stowed and not available for
immediate use as defined in § 648.2.
(H) GB winter flounder. Possess or land more GB winter flounder than allowed under §
648.86(j).
(I)

For common pool vessels, including vessels issued a limited access monkfish permit and
fishing under the monkfish Category C or D permit provisions, land regulated species or
ocean pout more than once within any 24-hr period.

(J) For common pool vessels, including vessels issued a limited access monkfish permit and
fishing under the monkfish Category C or D permit provisions, fail to comply with the most
restrictive trip limits applicable when fishing in multiple areas, as specified in § 648.85 or
§ 648.86.
(14) Sector requirements. It is unlawful for any person, including any owner or operator of a vessel issued
a valid Federal NE multispecies permit and fishing on a sector trip to do any of the following:
(i)

Fail to abide by the restrictions specified in § 648.87(b)(1).

(ii) Catch regulated species or ocean pout in excess of ACE allocated or transferred to that sector
pursuant to § 648.87(b)(1)(i) and (viii), respectively.
(iii) Fish in a particular stock area, the Eastern U.S./Canada Area, or a SAP if the sector has not
been allocated, does not acquire, or otherwise has insufficient ACE remaining/available for all
stocks caught in that area, or fail to operate in a manner that would not catch stocks for which
the sector has not been allocated ACE, as described in an approved sector operations plan
pursuant to § 648.87(b)(2)(xiv), as prohibited in § 648.87(b)(1)(ii).
(iv) Violate the provisions of an approved sector operations plan or letter of authorization issued by
the Regional Administrator, as required by § 648.87(b)(1)(iv) and (b)(2).
(v) Fail to remain in the sector for the remainder of the fishing year, as required by § 648.87(b)(1).
(vi) Unless otherwise required to use a NE multispecies DAS to participate in another fishery, fish in
the NE multispecies DAS program in a given fishing year or, for common pool vessels, fish in an
approved sector in a given fishing year.
(vii) If a vessel is removed from a sector for violating the Sector rules, fish under the NE
multispecies regulations for common pool vessels.

50 CFR 648.14(k)(14)(vii) (enhanced display)

page 160 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(14)(viii)

(viii) Discard legal-sized regulated species or ocean pout allocated to sectors pursuant to §
648.87(b)(1)(i), as prohibited by § 648.87(b)(1)(v).
(ix) Fail to comply with the reporting requirements specified in §§ 648.11(l)(10)(iii) and
648.87(b)(1)(v).
(x) Leave port to begin a trip before an at-sea monitor has arrived and boarded the vessel if
assigned to carry an at-sea monitor for that trip, or without an operational electronic monitoring
system installed on board, as specified in § 648.11(l)(3) and (l)(10)(i).
(xi) Leave port to begin a trip if a vessel has failed a review of safety issues by an at-sea monitor
and has not successfully resolved any identified safety deficiencies, as prohibited by §
648.11(l)(10)(i)(C).
(xii) Fail to comply with the electronic monitoring system requirements as specified in §
648.11(l)(10)(i)(A), including, but not limited to: ensuring the electronic monitoring system is
fully operational; conducting a system check of the electronic monitoring system; ensuring
camera views are unobstructed and clear; and ensuring that no person tampers with the
electronic monitoring system.
(xiii) Fail to comply with the vessel monitoring plan requirements as specified in § 648.11(l)(10)(i)(B),
including, but not limited to: carrying the vessel monitoring plan onboard the vessel at all times;
complying with all catch handling protocols and other requirements in the vessel monitoring
plan; submitting electronic monitoring data as required; and making the electronic monitoring
system available to NMFS for inspection upon request.
(xiv) Offload fish without a dockside monitor present or without a waiver issued by NMFS when
participating in the maximized retention electronic monitoring program.
(xv) Resist, oppose, impede, harass, intimidate, or interfere with or bar by command, impediment,
threat, or coercion any dockside monitor conducting his or her duty to inspect a fish hold after
offload.
(xvi) Fish under a waiver from the groundfish sector monitoring program issued under §
648.11(l)(5)(ii) or (iii) without complying with the requirements of § 648.11(l)(5)(ii) or (iii),
respectively; the VMS declaration requirements at § 648.10; and the pre-trip notification
requirements at § 648.11(l)(1).
(15) Open access permit restrictions —
(i)

All persons.
(A) Violate any provision of the open access permit restrictions of § 648.88.
(B) Possess on board gear other than that specified in § 648.88(a)(2)(i), or fish with hooks
greater than the number specified in § 648.88(a)(2)(iii), if fishing under an open access
Handgear permit.
(C) Fish for, possess, or land regulated multispecies from March 1 to March 20, if issued an
open access Handgear permit.

(ii) Vessel and operator permit holders —

50 CFR 648.14(k)(15)(ii) (enhanced display)

page 161 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(15)(ii)(A)

(A) Open access Handgear permit. It is unlawful for any person owning or operating a vessel
issued an open access NE multispecies Handgear permit to do any of the following,
unless otherwise specified in § 648.17:
(1) Violate any provision of the open access Handgear permit restrictions of § 648.88(a).
(2) Possess, at any time during a trip, or land per trip, more than the possession limit of
NE multispecies specified in § 648.88(a), unless the vessel is a charter or party
vessel fishing under the charter/party restrictions specified in § 648.89.
(3) Use, or possess on board, gear capable of harvesting NE multispecies, other than rod
and reel, or handline gear, or tub-trawls, while in possession of, or fishing for, NE
multispecies.
(4) Possess or land NE multispecies during the time period specified in § 648.88(a)(2).
(5) If operating under the provisions of a limited access NE multispecies Handgear B
permit south of the GOM Regulated Mesh Area, as defined at § 648.80(a)(1), fail to
obtain or retain on board a letter of authorization from the Regional Administrator, as
required by § 648.88(a)(2)(iv).
(B) Scallop multispecies possession limit permit. It is unlawful for any person owning or
operating a vessel issued a scallop multispecies possession limit permit to possess or
land more than the possession limit of NE multispecies specified in § 648.88(c), or to
possess or land regulated species when not fishing under a scallop DAS, unless otherwise
specified in § 648.17.
(C) Open access NE multispecies (non-regulated species permit). It is unlawful for any owner or
operator of a vessel issued a valid open access NE multispecies permit to possess or land
any regulated species, as defined in § 648.2, or to violate any applicable provisions of §
648.88, unless otherwise specified in § 648.14, § 648.86, or § 648.88.
(16) Recreational and charter/party requirements. It is unlawful for the owner or operator of a charter or
party boat issued a valid Federal NE multispecies permit, or for a recreational vessel, as applicable,
unless otherwise specified in § 648.17, to do any of the following if fishing under the recreational or
charter/party regulations:
(i)

Possession and landing. Possess cod, haddock, or Atlantic halibut in excess of the possession
limits specified in § 648.89(c).

(ii) Gear requirements. Fish with gear in violation of the restrictions of § 648.89(a).
(iii) Seasonal and area restrictions.
(A) Fail to comply with the applicable restrictions if transiting the GOM Regulated Mesh Area
with cod on board that was caught outside the GOM Regulated Mesh Area.
(B) Fail to comply with the requirements specified in § 648.81(d)(5)(v) when fishing in the
areas described in § 648.81(b)(3) and (4) and (d) during the time periods specified.
(C) If the vessel is a private recreational fishing vessel, fail to comply with the seasonal
closure for cod or haddock described in § 648.89(c)(1) or, if the vessel has been issued a
charter/party permit or is fishing under charter/party regulations, fail to comply with the
seasonal closure for cod or haddock described in § 648.89(c)(2).
50 CFR 648.14(k)(16)(iii)(C) (enhanced display)

page 162 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(16)(iv)

(iv) Restriction on sale and transfer. Sell, trade, barter, or otherwise transfer; or attempt to sell, trade,
barter or otherwise transfer; NE multispecies for a commercial purpose as specified in §
648.89(d).
(v) Size limits. If fishing under the recreational or charter/party regulations, possess regulated
species or ocean pout that are smaller than the minimum fish sizes or larger than maximum
fish sizes specified in § 648.89(b)(1) and (b)(3).
(vi) Identification. If fishing under the recreational or charter/party regulations, possess regulated
species or ocean pout without at least 2 square inches (5.1 square cm) of contiguous skin that
allows for the ready identification of the species of fish upon landing.
(vii) Atlantic wolffish. If fishing under the recreational or charter/party regulations, possess Atlantic
wolffish.
(viii) Ocean pout. If fishing under the recreational or charter/party regulations, possess ocean pout.
(ix) Windowpane flounder. If fishing under the recreational or charter/party regulations, possess
windowpane flounder.
(17) Presumptions. For purposes of this part, the following presumptions apply: Regulated species
possessed for sale that do not meet the minimum sizes specified in § 648.83 are deemed to have
been taken from the EEZ or imported in violation of these regulations, unless the preponderance of
all submitted evidence demonstrates that such fish were harvested by a vessel not issued a permit
under this part and fishing exclusively within state waters, or by a vessel issued a valid High Seas
Fishing Compliance permit that fished exclusively in the NAFO Regulatory Area. This presumption
does not apply to fish being sorted on deck.
(18) Trimester TAC AM. It is unlawful for any person, including any owner or operator of a vessel issued a
valid Federal NE multispecies permit or letter under § 648.4(a)(1)(i), unless otherwise specified in §
648.17, to fish for, harvest, possess, or land regulated species or ocean pout in or from the closed
areas specified in § 648.82(n)(2)(ii) once such areas are closed pursuant to § 648.82(n)(2)(i).
(19) At-sea/electronic monitoring service providers. It is unlawful for any at-sea/electronic monitoring
service provider, including individual at-sea monitors, to do any of the following:
(i)

Fail to comply with the operational requirements, including the recordkeeping and reporting
requirements, specified in § 648.87(b)(5).

(ii) Provide false or inaccurate information regarding area fished; species identification; or amount
of each species kept, discarded, or landed.
(20) AMs for both stocks of windowpane flounder, ocean pout, Atlantic halibut, and Atlantic wolffish. It is
unlawful for any person, including any owner or operator of a vessel issued a valid Federal NE
multispecies permit or letter under § 648.4(a)(1)(i), unless otherwise specified in § 648.17, to fail to
comply with the restrictions on fishing and gear specified in § 648.90(a)(5)(i)(D) through (H).
(21) Universal sector exemption programs —
(i)

Redfish Exemption Program.
(A) While fishing under the provisions of the Redfish Exemption Program, it is unlawful for any
person to:
(1) Fish with a codend of mesh smaller than 5.5-inch (14.0-cm) diamond or square,

50 CFR 648.14(k)(21)(i)(A)(1) (enhanced display)

page 163 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(k)(21)(i)(A)(2)

(2) Fish outside of the Redfish Exemption Area specified in § 648.85(e)(1)(ii),
(3) Fish in the Redfish Exemption Area Cod Closure specified in § 648.85(e)(1)(ii)(A)
during the closure period,
(4) Fish in the Redfish Exemption Area Seasonal Closure II specified in §
648.85(e)(1)(ii)(B) during the closure period,
(5) Fail to comply with the declaration requirements of the Redfish Exemption Program
specified in § 648.85(e)(1)(iv),
(6) Fail to comply with the reporting requirements of the Redfish Exemption Program
specified in § 648.85(e)(1)(v), or
(7) Fail to comply with the gear requirements of the Redfish Exemption Program
specified in § 648.85(e)(1)(vii), or fish with any gear other than trawl.
(B) It is unlawful for any person to fish under the provisions of the Redfish Exemption Program
when prohibited from doing so by the Regional Administrator under § 648.85(e)(1)(viii)(C),
or when ineligible or prohibited for any other reason.
(ii) [Reserved]
(l)

Small-mesh multispecies.
(1) It is unlawful for any person owning or operating a vessel issued a valid Federal multispecies permit
to land, offload, or otherwise transfer; or attempt to land, offload, or otherwise transfer; small-mesh
multispecies from one vessel to another in excess of the limits specified in § 648.13.
(2) Presumptions. For purposes of this part, the following presumption applies: All small-mesh
multispecies retained or possessed on a vessel issued any permit under § 648.4 are deemed to have
been harvested from the EEZ.

(m) Monkfish. It is unlawful for any person owning or operating a vessel that engages in fishing for monkfish
to do any of the following, unless otherwise fishing in accordance with, and exempted under, the
provisions of § 648.17:
(1) Permit requirement.
(i)

Fish for, possess, retain, or land monkfish, unless:
(A) The monkfish are being fished for, or were harvested, in or from the EEZ by a vessel issued
a valid monkfish permit under § 648.4(a)(9).
(B) The vessel does not hold a valid Federal monkfish permit and fishes for or possesses
monkfish exclusively in state waters.
(C) The vessel does not hold a valid Federal monkfish permit and engages in recreational
fishing.
(D) The monkfish were harvested from the NAFO Regulatory Area in accordance with the
provisions specified under § 648.17.

(ii) Fish for, possess, or land monkfish in or from the EEZ without having been issued and
possessing a valid operator permit pursuant to § 648.5, and this permit is onboard the vessel.
(2) Gear requirements.
50 CFR 648.14(m)(2) (enhanced display)

page 164 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.14(m)(2)(i)

Fish with or use nets with mesh size smaller than the minimum mesh size specified in §
648.91(c) while fishing under a monkfish DAS, except as authorized by § 648.91(c)(1)(v).

(ii) Fail to immediately produce gillnet tags when requested by an authorized officer.
(iii) Tag a gillnet with, or otherwise use or possess, a gillnet tag that has been reported lost,
missing, destroyed, or issued to another vessel, or use or possess a false gillnet tag.
(iv) Sell, transfer, or give away gillnet tags.
(v) If the vessel has been issued a valid limited access monkfish permit, and fishes under a
monkfish DAS, fail to comply with gillnet requirements and restrictions specified in §
648.92(b)(8).
(3) Area restrictions.
(i)

Fail to comply with the restrictions applicable to limited access Category G and H vessels
specified under § 648.92(b)(9).

(ii) Fail to comply with the Northern Fishery Management Area (NFMA) or Southern Fishery
Management Area (SFMA) requirements specified at § 648.92(b)(1)(v).
(iii) Fail to comply with the New Jersey Atlantic Sturgeon Bycatch Reduction Area requirements
specified at § 648.91(d).
(4) DAS requirements.
(i)

Fail to comply with the monkfish DAS provisions specified at § 648.92 when issued a valid
limited access monkfish permit.

(ii) Combine, transfer, or consolidate monkfish DAS allocations.
(5) Size limits. Fail to comply with the monkfish size limit restrictions of § 648.93 when issued a valid
monkfish permit under § 648.4(a)(9) or when fishing in the EEZ.
(6) Possession and landing.
(i)

Fail to comply with the monkfish possession limits and landing restrictions, including liver
landing restrictions, specified under § 648.94.

(ii) Violate any provision of the monkfish incidental catch permit restrictions as specified in §§
648.4(a)(9)(ii) or 648.94(c).
(7) Transfer and sale.
(i)

Sell, barter, trade, or otherwise transfer for a commercial purpose; or attempt to sell, barter,
trade, or otherwise transfer for a commercial purpose; any monkfish from a vessel without
having been issued a valid monkfish vessel permit, unless the vessel fishes for monkfish
exclusively in state waters, or exclusively in the NAFO Regulatory Area in accordance with the
provisions specified under § 648.17.

(ii) Purchase, possess, or receive as a dealer, or in the capacity of a dealer, monkfish in excess of
the possession or trip limits specified in § 648.94.
(iii) Land, offload, or otherwise transfer; or attempt to land, offload, or otherwise transfer; monkfish
from one vessel to another vessel, unless each vessel has not been issued a monkfish permit
and fishes exclusively in state waters.
50 CFR 648.14(m)(7)(iii) (enhanced display)

page 165 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(m)(8)

(8) Presumption. For purposes of this part, the following presumption applies: All monkfish retained or
possessed on a vessel issued any permit under § 648.4 are deemed to have been harvested from
the EEZ, unless the preponderance of evidence demonstrates that such fish were harvested by a
vessel that fished exclusively in the NAFO Regulatory Area, as authorized under § 648.17.
(n) Summer flounder —
(1) All persons. Unless participating in a research activity as described in § 648.22(g), it is unlawful for
any person to do any of the following:
(i)

Permit requirement. Possess summer flounder in or harvested from the EEZ, either in excess of
the possession limit specified in § 648.106, or before or after the time period specified in §
648.105, unless the vessel was issued a summer flounder moratorium permit and the
moratorium permit is on board the vessel and has not been surrendered, revoked, or
suspended. However, possession of summer flounder harvested from state waters is allowed
for state-only permitted vessels when transiting Federal waters within the Block Island Sound
Transit Area provided they follow the provisions at § 648.111.

(ii) Transfer and purchase.
(A) Purchase or otherwise receive for a commercial purpose, other than solely for transport on
land, summer flounder from the owner or operator of a vessel issued a summer flounder
moratorium permit, unless in possession of a valid summer flounder dealer permit.
(B) Purchase or otherwise receive for commercial purposes summer flounder caught by a
vessel subject to the possession limit of § 648.106.
(C) Purchase or otherwise receive for a commercial purpose summer flounder landed in a
state after the effective date published in the FEDERAL REGISTER notifying permit holders
that commercial quota is no longer available in that state for the respective fishing year.
(iii) Gear requirements. Possess nets or netting with mesh not meeting the minimum mesh
requirement of § 648.108 if the person possesses summer flounder harvested in or from the
EEZ in excess of the threshold limit of § 648.106(a).
(2) Vessel and operator permit holders. Unless participating in a research activity as described in §
648.102(e), it is unlawful for any person owning or operating a vessel issued a summer flounder
permit (including a moratorium permit) to do any of the following:
(i)

Possession and landing.
(A) Possess 100 lb (45.4 kg) or more of summer flounder between May 1 and October 31, or
200 lb (90.7 kg) or more of summer flounder between November 1 and April 30, unless the
vessel meets the gear requirements or restrictions specified in § 648.108.
(B) Possess summer flounder in other than a container specified in § 648.106(d) if fishing
with nets having mesh that does not meet the minimum mesh-size requirement specified
in § 648.108(a), unless the vessel is fishing pursuant to the exemptions specified in §
648.108(b).
(C) Land summer flounder for sale in a state after the effective date of a notification in the
FEDERAL REGISTER notifying permit holders that commercial quota is no longer available in
that state.

50 CFR 648.14(n)(2)(i)(C) (enhanced display)

page 166 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(n)(2)(i)(D)

(D) Sell or transfer to another person for a commercial purpose, other than solely for transport
on land, any summer flounder, possessed or landed by a vessel not issued a summer
flounder moratorium permit.
(ii) Transfer and purchase. Sell or transfer to another person for a commercial purpose, other than
solely for transport on land, any summer flounder, unless the transferee has a valid summer
flounder dealer permit.
(iii) Gear requirements.
(A) Fish with or possess nets or netting that do not meet the minimum mesh requirement, or
that are modified, obstructed or constricted, if subject to the minimum mesh requirement
specified in § 648.108, unless the nets or netting are stowed in accordance with §
648.108(e).
(B) Fish with or possess nets or netting that do not meet the minimum mesh requirement, or
that are modified, obstructed or constricted, if fishing with an exempted net described in §
648.108, unless the nets or netting are stowed in accordance with § 648.108(f).
(C) Fish west or south, as appropriate, of the line specified in § 648.108(b)(1) if exempted
from the minimum mesh requirement specified in § 648.108 by a summer flounder
exemption permit.
(3) Charter/party restrictions. Unless participating in a research activity as described in § 648.102(e), it
is unlawful for the owner and operator of a party or charter boat issued a summer flounder permit
(including a moratorium permit), when the boat is carrying passengers for hire or carrying more than
three crew members if a charter boat or more than five members if a party boat, to:
(i)

Carry passengers for hire, or carry more than three crew members for a charter boat or five
crew members for a party boat, while fishing commercially pursuant to a summer flounder
moratorium permit.

(ii) Possess summer flounder in excess of the possession limit established pursuant to § 648.106.
(iii) Fish for summer flounder other than during a season specified pursuant to § 648.105.
(iv) Sell or transfer summer flounder to another person for a commercial purpose.
(4) Presumption. For purposes of this part, the following presumption applies: All summer flounder
retained or possessed on a vessel issued a permit under § 648.4 are deemed to have been
harvested in the EEZ.
(o) Scup —
(1) All persons. Unless a vessel is participating in a research activity as described in § 648.122(e) or
unless a vessel has no Federal scup permit, possesses scup caught exclusively in state waters, and
is transiting Federal waters within the Block Island Sound Transit Area in accordance with the
provisions at § 648.131, it is unlawful for any person to do any of the following:
(i)

Permit requirement. Fish for, catch, or retain for sale, barter, or trade scup in or from the EEZ
north of 35°15.3′ N. lat. on board a party or charter boat without the vessel having been issued
an applicable valid party or charter boat permit pursuant to § 648.4(a)(6), unless the vessel
other than a party or charter vessel observes the possession limit restrictions and prohibition
against sales specified in § 648.125.

50 CFR 648.14(o)(1)(i) (enhanced display)

page 167 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(o)(1)(ii)

(ii) Possession and landing.
(A) Possess scup in or harvested from the EEZ north of 35°15.3′ N. lat. in an area closed, or
before or after a season established pursuant to §§ 648.124 and 648.127.
(B) Possess scup in excess of the possession limit established pursuant to § 648.125.
(C) Fish for, possess, or land scup harvested in or from the EEZ north of 35°15.3′ N. lat. for a
commercial purpose after the effective date of a notification published in the FEDERAL
REGISTER stating that the commercial quota has been harvested.
(D) Fish for, catch, possess, or retain scup in or from the EEZ north of 35°15.3′ N. lat. in excess
of the amount specified in § 648.125, unless the vessel complies with all of the gear
restrictions in § 648.125.
(E) Fish for, catch, retain, or land scup in or from the EEZ north of 35°15.3′ N. lat. in excess of
the limit established through the annual specification process and published in the
FEDERAL REGISTER pursuant to § 648.122(a).
(iii) Minimum fish size. Possess, other than solely for transport on land, scup harvested in or from
the EEZ north of 35°15.3′ N. lat. that do not meet the minimum fish size specified in § 648.126.
(iv) Transfer and purchase. Purchase or otherwise receive for a commercial purpose scup harvested
from the EEZ north of 35°15.3′ N. lat., or from a vessel issued a scup moratorium permit after
the effective date of a notification published in the FEDERAL REGISTER stating that the
commercial quota has been harvested.
(v) Gear requirements. Fail to comply with any of the gear restrictions specified in § 648.125.
(vi) Gear restricted areas. Fish for, catch, possess, retain, or land longfin squid, silver hake, or black
sea bass in or from the areas and during the time periods described in § 648.124(a) or (b) while
in possession of any trawl nets or netting that do not meet the minimum mesh restrictions or
that are obstructed or constricted as specified in §§ 648.124 and 648.125(a), unless the nets or
netting are stowed in accordance with § 648.125(a)(5).
(2) Vessel and operator permit holders. Unless participating in a research activity as described in §
648.122(e), it is unlawful for any person owning or operating a vessel issued a scup permit
(including a moratorium permit) to do any of the following:
(i)

Possession and landing.
(A) Possess scup in excess of the threshold amount specified in § 648.125, unless the vessel
meets the minimum mesh-size restrictions specified in § 648.125.
(B) Land scup for sale after the effective date of a notification published in the FEDERAL
REGISTER stating that the commercial quota has been harvested.
(C) Possess scup in, or harvested from, the EEZ in an area closed by, or before or after a
season established pursuant to § 648.124.

(ii) Transfer and purchase.
(A) Sell or transfer to another person for a commercial purpose, other than solely for transport
on land, any scup, unless the transferee has a dealer permit issued under § 648.6.

50 CFR 648.14(o)(2)(ii)(A) (enhanced display)

page 168 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(o)(2)(ii)(B)

(B) Transfer scup at sea, or attempt to transfer at sea to any vessel, any scup taken from the
EEZ, unless in compliance with the provisions of § 648.13(i).
(3) Charter/party requirements. Unless participating in a research activity as described in § 648.122(e), it
is unlawful for the owner or operator of a party or charter boat issued a scup permit (including a
moratorium permit), when the boat is carrying passengers for hire, or when carrying more than three
crew members, if a charter boat, or more than five members, if a party boat to:
(i)

Carry passengers for hire, or carry more than three crew members for a charter boat, or five
crew members for a party boat, while fishing for scup under the terms of a moratorium permit
issued pursuant to § 648.4(a)(6).

(ii) Possess scup in excess of the possession limit established pursuant to § 648.128.
(iii) Fish for scup other than during a season established pursuant to § 648.124.
(iv) Sell scup or transfer scup to another person for a commercial purpose other than solely for
transport on land.
(v) Possess scup that do not meet the minimum fish size specified in § 648.126(b).
(4) Presumption. For purposes of this part, the following presumption applies: All scup retained or
possessed on a vessel issued a permit under § 648.4 are deemed to have been harvested in the EEZ,
north of 35°15.3′ N. lat., unless a preponderance of the evidence shows the fish were harvested by a
vessel that fished exclusively in state waters.
(p) Black sea bass —
(1) All persons. Unless participating in a research activity as described in § 648.142(e), it is unlawful for
any person to do any of the following:
(i)

Permit requirement. Possess black sea bass in or harvested from the EEZ north of 35°15.3′ N.
lat., either in excess of the possession limit established pursuant to § 648.145, or before or
after the time period established pursuant to § 648.146, unless the person is operating a vessel
issued a moratorium permit under § 648.4 and the moratorium permit is on board the vessel.
However, possession of black sea bass harvested from state waters is allowed for state-only
permitted vessels when transiting Federal waters within the Block Island Sound Transit Area
provided they follow the provisions at § 648.151.

(ii) Possession and landing. Fish for, catch, possess, land, or retain black sea bass in or from the
EEZ north of 35°15.3′ N. lat. (the latitude of Cape Hatteras Light, NC, to the U.S.-Canadian
border) in excess of the amount specified in § 648.144(a)(1)(i), unless the vessel complies with
all of the gear restrictions at § 648.144(a).
(iii) Transfer and purchase. Purchase or otherwise receive for commercial purposes, other than
solely for transport on land, black sea bass landed for sale by a moratorium vessel in any state,
or part thereof, north of 35°15.3′ N. lat., after the effective date of a notification published in the
FEDERAL REGISTER stating that the commercial annual quota has been harvested and the EEZ is
closed to the harvest of black sea bass.
(iv) Gear restriction. Fail to comply with any of the gear restrictions specified in § 648.144.
(v) Size limits. Fish for, possess, land, or retain black sea bass in or from the EEZ that does not
comply with the minimum or maximum (as applicable) fish size specified in § 648.147.
50 CFR 648.14(p)(1)(v) (enhanced display)

page 169 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(p)(1)(vi)

(vi) Special management zone. Fail to comply with any of the restrictions for special management
zones specified in § 648.148(b).
(2) Vessel and operator permit holders. Unless participating in a research activity as described in §
648.142(e), it is unlawful for any person owning or operating a vessel issued a black sea bass permit
(including a moratorium permit) to do any of the following:
(i)

Permit requirement. Sell or transfer to another person for a commercial purpose, other than
solely for transport on land, any black sea bass from a vessel, unless the transferee has a valid
black sea bass dealer permit.

(ii) Possession and landing.
(A) Land black sea bass for sale in any state, or part thereof, north of 35°15.3′ N. lat. after the
effective date of a notification published in the FEDERAL REGISTER stating that the
commercial annual quota has been harvested and the EEZ is closed to the harvest of
black sea bass.
(B) [Reserved]
(C) Land black sea bass for sale in any state south of North Carolina.
(D) Possess black sea bass after the effective date of a notification published in the FEDERAL
REGISTER stating that the commercial annual quota has been harvested and the EEZ is
closed to the harvest of black sea bass, unless the vessel has been issued a Southeast
Region Snapper/Grouper Permit and fishes for and possess black sea bass south of
35°15.3′ N. lat.
(3) Charter/party restrictions. Unless participating in a research activity as described in § 648.142(e), it
is unlawful for the owner or operator of a party or charter boat issued a black sea bass permit
(including a moratorium permit), when the boat is carrying passengers for hire or carrying more than
three crew members, if a charter boat, or more than five members, if a party boat, to:
(i)

Fish for black sea bass under the terms of a moratorium permit issued pursuant to §
648.4(a)(7).

(ii) Possess, retain, or land black sea bass in excess of the possession limit established pursuant
to § 648.145.
(iii) Fish for black sea bass other than during a time allowed pursuant to § 648.146.
(iv) Sell black sea bass or transfer black sea bass from a vessel to another person for a commercial
purpose other than solely for transport on land.
(4) Presumption. For purposes of this part, the following presumption applies: All black sea bass
retained or possessed on a vessel issued a permit under § 648.4 are deemed to have been
harvested in the EEZ, unless the vessel also has been issued a Southeast Region Snapper/Grouper
permit and fishes for, retains, or possesses black sea bass south of 35°15.3′ N. lat.
(q) Bluefish. Unless participating in a research activity as described in § 648.162(g), it is unlawful for any
person to do any of the following:

50 CFR 648.14(q) (enhanced display)

page 170 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(q)(1)

(1) Permit requirement. Possess in or harvest from the EEZ, Atlantic bluefish, in excess of the daily
possession limit found at § 648.164, unless the vessel is issued a valid Atlantic bluefish vessel
permit under § 648.4(a)(8)(i) and the permit is on board the vessel and has not been surrendered,
revoked, or suspended.
(2) Possession and landing.
(i)

Land bluefish for sale in a state after the effective date of a notification in the FEDERAL REGISTER
pursuant to § 648.163(b), that the commercial quota is no longer available in that state.

(ii) Land bluefish for sale after the effective date of a notification in the FEDERAL REGISTER pursuant
to § 648.163(a), that the bluefish fishery is closed.
(3) Transfer and purchase.
(i)

Sell, barter, trade or transfer; or attempt to sell, barter, trade or otherwise transfer; other than for
transport, bluefish that were harvested in or from the EEZ, unless the vessel has been issued a
valid bluefish permit under § 648.4(a)(8)(i).

(ii) Purchase or otherwise receive for a commercial purpose bluefish harvested from the EEZ after
the effective date of the notification published in the FEDERAL REGISTER stating that the
commercial quota has been harvested.
(iii) Purchase or otherwise receive for a commercial purpose bluefish harvested by a Federally
permitted vessel after the effective date of the notification published in the FEDERAL REGISTER
stating that the commercial quota has been harvested.
(4) Charter/party restrictions. Carry passengers for hire, or carry more than three crew members for a
charter boat or five crew members for a party boat, while fishing commercially pursuant to a bluefish
permit issued under § 648.4(a)(8).
(5) Presumption. For purposes of this part, the following presumption applies: All bluefish possessed on
board a party or charter vessel issued a permit under § 648.4(a)(8)(ii) are deemed to have been
harvested from the EEZ.
(r) Atlantic herring —
(1) All persons. It is unlawful for any person to do any of the following:
(i)

Permit requirement. Operate, or act as an operator of, a vessel with an Atlantic herring permit, or
a vessel fishing for or possessing herring in or from the EEZ, unless the operator has been
issued, and is in possession of, a valid operator permit.

(ii) Possession and landing.
(A) Fish for, possess, retain or land herring, unless:
(1) The herring are being fished for, or were harvested in or from, the EEZ by a vessel
holding a valid herring permit under this part and the operator on board such vessel
possesses a valid operator permit that is on board the vessel.
(2) The herring were harvested by a vessel not issued a herring permit that fished
exclusively in state waters.
(3) The herring were harvested in or from the EEZ by a vessel engaged in recreational
fishing.
50 CFR 648.14(r)(1)(ii)(A)(3) (enhanced display)

page 171 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(r)(1)(ii)(A)(4)

(4) The herring were possessed for personal use as bait.
(5) Unless otherwise specified in § 648.17.
(B) Attempt or do any of the following: Fish for, possess, transfer, receive, land, or sell, more
than the possession limits specified at § 648.201(a) from a management area subject to a
possession limit adjustment or fishery closure, or from a river herring and shad catch cap
closure area that has been closed to specified gear pursuant to § 648.201(a)(4)(ii), if the
vessel has been issued and holds a valid herring permit.
(iii) Processing requirements.
(A) Process herring that was caught in or from the EEZ by a U.S. vessel that exceeds the size
limits specified in § 648.4(a)(10)(iii), in excess of the specification of USAP.
(B) Discard herring carcasses at sea after removing the roe, if a Federally permitted vessel; or
in the EEZ, if not a Federally permitted vessel.
(C) Catch, take, or harvest herring for roe, at sea, if a Federally permitted vessel; or if not
Federally permitted, in or from the EEZ in excess of any limit established by §
648.206(b)(24).
(iv) Transfer and purchase.
(A) Purchase, possess, receive; or attempt to purchase, possess, or receive; as a dealer, or in
the capacity of a dealer, herring harvested in or from the EEZ, without having been issued,
and in possession of, a valid herring dealer permit.
(B) Purchase, possess, receive; or attempt to purchase, possess, or receive; as a processor, or
in the capacity of a processor, herring from a fishing vessel with a herring permit or from a
dealer with a herring dealer permit, without having been issued, and in possession of, a
valid herring processor permit.
(C) Sell, barter, trade, or otherwise transfer; or attempt to sell, barter, trade, or otherwise
transfer; for a commercial purpose, any herring, unless the harvesting vessel has been
issued a herring permit, or unless the herring were harvested by a vessel without a Federal
herring permit that fished exclusively in state waters.
(D) Purchase, possess, or receive, for a commercial purpose; or attempt to purchase, possess,
or receive, for a commercial purpose; herring caught by a vessel without a herring permit,
unless the herring was harvested by a vessel without a Federal herring permit that fished
exclusively in state waters.
(E) Transfer, or attempt to transfer, herring to a Canadian transshipment vessel that is
permitted in accordance with Public Law 104-297, if the amount of herring transshipped
exceeds the amount of the border transfer specified in § 648.200.
(F) Purchase, receive, possess, have custody or control of, sell, barter, trade or transfer, or
attempt to purchase, receive, possess, have custody or control of, sell, barter, trade or
transfer, more than the applicable 2,000 lb (907.2 kg) or 40,000 lb (18,143.7 kg)
possession limit of herring from a vessel if the herring is from a management area subject
to a possession limit for Atlantic herring pursuant to § 648.201(a).
(v) Gear and vessel requirements.
50 CFR 648.14(r)(1)(v) (enhanced display)

page 172 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(r)(1)(v)(A)

(A) If fishing with midwater trawl or purse seine gear, fail to comply with the requirements of §
648.80(d) and (e).
(B) Catch, take, or harvest Atlantic herring in or from the EEZ with a U.S. vessel that exceeds
the size limits specified in § 648.4(a)(10)(iii).
(vi) Area requirements.
(A) For the purposes of observer deployment, fail to notify NMFS/FSB at least 48 hr prior to
departing on a declared herring trip with a vessel issued a Category A or B Herring Permit
and fishing with midwater trawl or purse seine gear, or on a trip with a vessel issued a
Category C, D, or E Herring Permit that is fishing with midwater trawl gear in Management
Areas 1A, 1B, and/or 3, as defined in § 648.200(f)(1) and (3), pursuant to the requirements
in § 648.80(d) and (e).
(B) Possess, land, transfer, receive, sell, purchase, trade, or barter; or attempt to transfer,
receive, sell, purchase, trade, or barter, or sell more than 2,000 lb (907 kg) of Atlantic
herring per trip taken from the Herring GOM Haddock Accountability Measure Area and/or
the Herring GB Haddock Accountability Measure Area, defined in § 648.86(a)(3)(ii)(A)(1),
by a vessel issued an Atlantic herring permit and that fished with midwater trawl gear,
after the haddock cap for the area(s) has been reached pursuant to § 648.86(a)(3), unless
all herring possessed or landed by the vessel was caught outside the applicable
Accountability Measure Area(s).
(C) Transit the Herring GOM Haddock Accountability Measure Area and/or the Herring GB
Haddock Accountability Measure Area, defined in § 648.86(a)(3)(ii)(A)(1), with a vessel
issued an Atlantic herring permit and that fished with midwater trawl gear, when the
2,000-lb (907.2 kg) limit specified in § 648.86(a)(3)(ii)(A)(1) is in place for the area being
transited, in possession of more than 2,000 lb (907.2 kg) of herring, unless all herring on
board was caught outside of the applicable Herring GOM Haddock Accountability
Measure Area and/or the Herring GB Haddock Accountability Measure Area, and all fishing
gear is stowed and not available for immediate use, as defined in § 648.2.
(D) Fish for herring in Area 1A from June 1 through September 30 with midwater trawl gear.
(E) Possess or land haddock taken from the Herring GOM Haddock Accountability Measure
Area and/or the Herring GB Haddock Accountability Measure Area, defined in §
648.86(a)(3)(ii)(A)(1), by a vessel issued an Atlantic herring permit and that fished with
midwater trawl gear, after the haddock cap for the area(s) has been reached pursuant to §
648.86(a)(3), unless all haddock possessed or landed by the vessel was caught outside
the applicable Accountability Measure Area(s).
(F) Transit the Herring GOM Haddock Accountability Measure Area and/or the Herring GB
Haddock Accountability Measure Area, defined in § 648.86(a)(3)(ii)(A)(1), with a vessel
issued an Atlantic herring permit and that fished with midwater trawl gear, when the 0-lb
(0-kg) haddock possession limit in § 648.86(a)(3)(ii)(A)(1) is in place for the area being
transited, in possession of haddock, unless all haddock on board was caught outside of
the applicable Herring GOM Haddock Accountability Measure Area and/or the Herring GB
Haddock Accountability Measure Area, and all fishing gear is stowed and not available for
immediate use, as defined in § 648.2.

50 CFR 648.14(r)(1)(vi)(F) (enhanced display)

page 173 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(r)(1)(vi)(G)

(G) Fish for, possess, or retain herring in any management area during a season that has zero
percent of the herring sub-ACL allocated as specified in § 648.201(d).
(vii) Transit and transport.
(A) Transit or be in an area subject to a possession limit adjustment or fishery closure
pursuant to § 648.201(a) with more than the applicable 2,000 lb (907.2 kg) or 40,000 lb
(18,143.7 kg) herring possession limit, unless such herring were caught in an area not
subject to the 2,000 lb (907.2 kg) or 40,000 lb (18,143.7 kg) limit specified in § 648.201(a),
all fishing gear is stowed and not available for immediate use as defined in § 648.2, and
the vessel is issued a permit appropriate to the amount of herring on board and the area
where the herring was harvested.
(B) Receive Atlantic herring at sea in or from the EEZ, solely for transport, without an Atlantic
herring carrier letter of authorization from the Regional Administrator or having declared
an Atlantic herring carrier trip via VMS consistent with the requirements at §
648.4(a)(10)(ii).
(C) Fail to comply with a letter of authorization from the Regional Administrator.
(D) Transit Area 1A from June 1 through September 30 with more than 2,000 lb (907.2 kg) of
herring while having on board midwater trawl gear that is not properly stowed or available
for immediate use as defined in § 648.2.
(E) Discard haddock at sea that has been brought on deck, or pumped into the hold, of a
vessel issued a Category A or B Herring Permit fishing on a declared herring trip,
regardless of gear or area fished, or on a trip with a vessel issued a Category C, D, or E
Herring Permit fishing with midwater trawl gear, pursuant to the requirements in §
648.80(d) and (e).
(F) Transit or be in an area that has zero percent sub-ACL available for harvest specified at §
648.201(d) with herring on board, unless such herring were caught in an area or areas with
an available sub-ACL specified at § 648.201(d), all fishing gear is stowed and not available
for immediate use as defined in § 648.2, and the vessel is issued a vessel permit that
authorizes the amount of herring on board for the area where the herring was harvested.
(viii) VMS requirements.
(A) Catch, take, or harvest Atlantic herring in or from the EEZ, if a limited access herring
vessel, unless equipped with an operable VMS unit.
(B) Fail to 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, if a vessel has been issued a limited
access herring permit (i.e., Category A, B, or C) or a Category E Herring Permit or has
declared an Atlantic herring carrier trip via VMS.
(C) Fail to declare via VMS into the herring fishery by entering the appropriate herring fishery
code and appropriate gear code prior to leaving port at the start of each trip to harvest,
possess, or land herring, if a vessel has been issued a limited access herring permit (i.e.,
Category A, B, or C) or issued a Category E Herring Permit or is intending to act as an
Atlantic herring carrier.

50 CFR 648.14(r)(1)(viii)(C) (enhanced display)

page 174 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(r)(2)

(2) Vessel and operator permit holders. It is unlawful for any person owning or operating a vessel holding
a valid Federal Atlantic herring permit, or issued an operator's permit, to do any of the following:
(i)

Sell, purchase, receive, trade, barter, or transfer haddock or other regulated NE multispecies
(cod, witch flounder, plaice, yellowtail flounder, pollock, winter flounder, windowpane flounder,
redfish, white hake, and Atlantic wolffish); or attempt to sell, purchase, receive, trade, barter, or
transfer haddock or other regulated NE multispecies for human consumption; if the regulated
NE multispecies are landed by a vessel issued a Category A or B Herring Permit fishing on a
declared herring trip, regardless of gear or area fished, or by a vessel issued a Category C, D, or
E Herring Permit fishing with midwater trawl gear pursuant to § 648.80(d).

(ii) Fail to comply with requirements for herring processors/dealers that handle individual fish to
separate out, and retain, for at least 12 hours, all haddock offloaded from a vessel issued a
Category A or B Herring Permit that fished on a declared herring trip regardless of gear or area
fished, or by a vessel issued a Category C, D, or E Herring Permit that fished with midwater trawl
gear pursuant to § 648.80(d).
(iii) Sell, purchase, receive, trade, barter, or transfer; or attempt to sell, purchase, receive, trade,
barter, or transfer; to another person, any haddock or other regulated NE. multispecies (cod,
witch flounder, plaice, yellowtail flounder, pollock, winter flounder, windowpane flounder, redfish,
white hake, and Atlantic wolffish) separated out from a herring catch offloaded from a vessel
issued a Category A or B Herring Permit that fished on a declared herring trip regardless of gear
or area fished, or by a vessel issued a Category C, D, or E Herring Permit that fished with
midwater trawl gear pursuant to § 648.80(d).
(iv) While operating as an at-sea herring processor, fail to comply with requirements to separate out
and retain all haddock offloaded from a vessel issued a Category A or B Herring Permit that
fished on a declared herring trip regardless of gear or area fished, or by a vessel issued a
Category C, D, or E Herring Permit that fished with midwater trawl gear pursuant to § 648.80(d).
(v) Fish with midwater trawl gear in any Northeast Multispecies Closed Area, as defined in §
648.81(a)(3) through (5) and (c)(3) and (4), without an observer on board, if the vessel has been
issued an Atlantic herring permit.
(vi) Slip or operationally discard catch, as defined at § 648.2, unless for one of the reasons
specified at § 648.202(b)(2), if fishing any part of a tow inside the Northeast Multispecies
Closed Areas, as defined at § 648.81(a)(3) through (5) and (c)(3) and (4).
(vii) Fail to immediately leave the Northeast Multispecies Closed Areas or comply with reporting
requirements after slipping catch or operationally discarding catch, as required by §
648.202(b)(4).
(viii) Slip catch, as defined at § 648.2, unless for one of the reasons specified at § 648.11(m)(7)(i).
(ix) For vessels with Category A or B Herring Permits, fail to move 15 nm (27.78 km), as required by
§§ 648.11(m)(7)(iv) and (v) and 648.202(b)(4)(iv).
(x) For vessels with Category A or B Herring Permits, fail to immediately return to port, as required
by §§ 648.11(m)(7)(vi) and 648.202(b)(4)(iv).
(xi) Fail to complete, sign, and submit a Released Catch Affidavit as required by §§ 648.11(m)(7)(iii)
and 648.202(b)(4)(ii).

50 CFR 648.14(r)(2)(xi) (enhanced display)

page 175 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(r)(2)(xii)

(xii) Fail to report or fail to accurately report a slippage event on the Atlantic herring daily VMS catch
report, as required by §§ 648.11(m)(7)(iii) and 648.202(b)(4)(iii).
(xiii) For vessels with Category A or B Herring Permits, fail to comply with industry-funded
monitoring requirements at § 648.11(m).
(xiv) For a vessel with a Category A or B Herring Permit, fail to comply with its NMFS-approved
vessel monitoring plan requirements, as described at § 648.11(m).
(3) Presumption. For purposes of this part, the following presumption applies: All Atlantic herring
retained or possessed on a vessel issued any permit under § 648.4 are deemed to have been
harvested from the EEZ, unless the preponderance of all submitted evidence demonstrates that such
Atlantic herring were harvested by a vessel fishing exclusively in state waters.
(s) Spiny dogfish —
(1) All persons. It is unlawful for any person to do any of the following:
(i)

Permit requirement. Purchase or otherwise receive, other than solely for transport on land, spiny
dogfish from any person on board a vessel issued a Federal spiny dogfish permit, unless the
purchaser/receiver is in possession of a valid spiny dogfish dealer permit.

(ii) Transfer and purchase. Purchase or otherwise receive for a commercial purpose spiny dogfish
landed by a Federally permitted vessel in any state, from Maine to Florida, after the EEZ is
closed to the harvest of spiny dogfish.
(2) Vessel and operator permit holders. It is unlawful for any person owning or operating a vessel issued
a valid Federal spiny dogfish permit or issued a valid Federal operator's permit to do any of the
following:
(i)

Permit requirement. Sell, barter, trade or transfer; or attempt to sell, barter, trade or otherwise
transfer; other than solely for transport on land, spiny dogfish, unless the dealer, transferor, or
transferee has a valid dealer permit issued under § 648.6(a).

(ii) Possession and landing.
(A) Fish for or possess spiny dogfish harvested in or from the EEZ after the EEZ is closed to
the harvest of spiny dogfish.
(B) Land spiny dogfish for a commercial purpose after the EEZ is closed to the harvest of
spiny dogfish.
(C) Possess more than the daily possession limit of spiny dogfish specified in § 648.235.
(iii) Prohibition on finning. Violate any of the provisions in §§ 600.1203 and 600.1204 applicable to
the dogfish fishery that prohibit finning.
(iv) Area requirements. Fail to comply with the Atlantic Sturgeon Bycatch Reduction Areas
requirements specified at § 648.234(a).
(t) Red crab. It is unlawful for any person to do any of the following:
(1) Permit requirement. Fish for, catch, possess, transport, land, sell, trade, or barter; or attempt to fish
for, catch, possess, transport, land, sell, trade, or barter; any red crab or red crab parts in or from the
EEZ portion of the Red Crab Management Unit, unless in possession of a valid Federal limited
access red crab vessel permit or Federal red crab incidental catch permit.
50 CFR 648.14(t)(1) (enhanced display)

page 176 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(t)(2)

(2) Possession and landing.
(i)

Fish for, catch, possess, transport, land, sell, trade, or barter; or attempt to fish for, catch,
possess, transport, land, sell, trade, or barter; red crab in excess of the limits specified in §
648.263.

(ii) Restriction on female red crabs. Fish for, catch, possess, transport, land, sell, trade, or barter; or
attempt to fish for, catch, possess, transport, land, sell, trade, or barter; female red crabs in
excess of one standard U.S. fish tote.
(iii) Fish for, possess, or land red crab, in excess of the incidental limit specified at § 648.263(b)(1),
after determination that the TAL has been reached and notice of the closure date has been
made.
(3) Transfer and purchase.
(i)

Transfer at sea, or attempt to transfer at sea, either directly or indirectly, any red crab or red crab
parts taken in or from the EEZ portion of the red crab management unit to any vessel.

(ii) Purchase, possess, or receive; or attempt to purchase, possess, or receive; more than 500 lb
(226.8 kg) of whole red crab, or its equivalent in weight in accordance with the conversion
provisions in § 648.263(a)(2), caught or possessed in the EEZ portion of the red crab
management unit by a vessel without a valid Federal limited access red crab permit.
(iii) Purchase, possess, or receive; or attempt to purchase, possess, or receive; up to 500 lb (226.8
kg) of whole red crab, or its equivalent in weight in accordance with the conversion provisions
in § 648.263(a)(2), caught in the EEZ portion of the Red Crab Management Unit by a vessel that
has not been issued a valid limited access red crab permit or red crab incidental catch permit
under this subpart.
(iv) Purchase or otherwise receive for a commercial purpose in excess of the incidental limit
specified at § 648.263(b)(1), after determination that the TAL has been reached and notice of
the closure date has been made.
(4) Prohibitions on processing and mutilation.
(i)

Retain, possess, or land red crab claws and legs separate from crab bodies in excess of one
standard U.S. fish tote, if fishing on a red crab trip with a valid Federal limited access red crab
permit.

(ii) Retain, possess, or land any red crab claws and legs separate from crab bodies if the vessel has
not been issued a valid Federal limited access red crab permit or has been issued a valid
Federal limited access red crab permit, but is not fishing on a dedicated red crab trip.
(iii) Retain, possess, or land more than two claws and eight legs per crab if the vessel has been
issued a valid Federal red crab incidental catch permit, or has been issued a valid Federal
limited access red crab permit and is not fishing on a dedicated red crab trip.
(iv) Possess or land red crabs that have been fully processed at sea, i.e., engage in any activity that
removes meat from any part of a red crab, unless a preponderance of available evidence shows
that the vessel fished exclusively in state waters and was not issued a valid Federal permit.
(5) Gear requirements. Fail to comply with any gear requirements or restrictions specified at § 648.264.

50 CFR 648.14(t)(5) (enhanced display)

page 177 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(t)(6)

(6) Presumption. For purposes of this part, the following presumption applies: All red crab retained or
possessed on a vessel issued any permit under § 648.4 are deemed to have been harvested in or
from the Red Crab Management Unit, unless the preponderance of all submitted evidence
demonstrates that such red crab were harvested by a vessel fishing exclusively outside of the Red
Crab Management Unit or in state waters.
(u) Golden and blueline tilefish. It is unlawful for any person owning or operating a vessel to do any of the
following:
(1) Permit requirements —
(i)

Operator permit. Operate, or act as an operator of, a vessel with a tilefish permit, or a vessel
fishing for or possessing golden or blueline tilefish in or from the Tilefish Management Unit,
unless the operator has been issued, and is in possession of, a valid operator permit. This
requirement does not apply to operators of private recreational vessels.

(ii) Dealer permit. Purchase, possess, receive for a commercial purpose; or attempt to purchase,
possess, or receive for a commercial purpose; as a dealer, or in the capacity of a dealer, golden
or blueline tilefish that were harvested in or from the Tilefish Management Unit, without having
been issued, and in possession of, a valid tilefish dealer permit.
(iii) Vessel permit.
(A) Sell, barter, trade, or otherwise transfer from a vessel; or attempt to sell, barter, trade, or
otherwise transfer from a vessel; for a commercial purpose, other than solely for transport
on land, any golden or blueline tilefish, unless the vessel has been issued a commercial
tilefish permit, or unless the tilefish were harvested by a vessel without a commercial
tilefish permit that fished exclusively in State waters.
(B) Operate a vessel that takes recreational fishermen for hire to fish for golden or blueline
tilefish in the Tilefish Management Unit without a valid tilefish charter/party vessel permit,
as required in § 648.4(a)(12)(i).
(C) Operate a private recreational vessel to fish for, retain, and/or possess blueline or golden
tilefish, in the Tilefish Management Unit, without a valid tilefish private recreational permit
as required in § 648.4(a)(12)(iii).
(2) Possession and landing.
(i)

Fish for, possess, retain, or land golden or blueline tilefish, unless:
(A) The tilefish are being fished for or were harvested in or from the Tilefish Management Unit
by a vessel holding a valid tilefish permit under this part, and the operator on board such
vessel has been issued an operator permit that is on board the vessel.
(B) The tilefish were harvested by a vessel that has not been issued a tilefish permit and that
was fishing exclusively in State waters.
(C) The tilefish were harvested in or from the Tilefish Management Unit by a vessel with a
Federal private recreational tilefish permit or a Federal charter/party tilefish permit.

(ii) Land or possess golden or blueline tilefish harvested in or from the Tilefish Management Unit,
in excess of either:

50 CFR 648.14(u)(2)(ii) (enhanced display)

page 178 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(u)(2)(ii)(A)

(A) The relevant commercial trip limit specified at § 648.295, unless possessing golden
tilefish authorized pursuant to a valid tilefish IFQ allocation permit, as specified in §
648.294(a).
(B) The relevant recreational possession limit specified at § 648.296, if engaged in
recreational fishing including charter/party vessels.
(iii) Land golden tilefish harvested in or from the Tilefish Management Unit in excess of that
authorized under a tilefish IFQ allocation permit as described at § 648.294(a).
(iv) Fish for golden or blueline tilefish inside and outside of the Tilefish Management Unit on the
same trip.
(v) Discard golden tilefish harvested in or from the Tilefish Management Unit, as defined in § 648.2,
unless participating in recreational fishing, as defined in § 648.2, or while fishing subject to a
trip limit pursuant to § 648.295(a).
(vi) Land or possess golden tilefish in or from the Tilefish Management Unit, on a vessel issued a
valid tilefish permit under this part, after the incidental golden tilefish fishery is closed pursuant
to § 648.295(a)(3), unless fishing under a valid tilefish IFQ allocation permit as specified in §
648.294(a), or engaged in recreational fishing.
(vii) Land or possess blueline tilefish in or from the Tilefish Management Unit, on a vessel issued a
valid tilefish permit under this part, after the commercial blueline tilefish fishery is closed
pursuant to § 648.295(b)(2), unless engaged in recreational fishing.
(viii) Land or possess golden or blueline tilefish in or from the Tilefish Management Unit, on a vessel
issued a valid commercial tilefish permit under this part, that do not have the head and fins
naturally attached to the fish.
(ix) Engage in recreational fishing for golden tilefish with fishing gear that is not compliant with the
gear restrictions specified at § 648.296.
(x) Engage in recreational fishing for blueline tilefish outside of the recreational open season
specified at § 648.296(b).
(3) Transfer and purchase.
(i)

Purchase, possess, or receive for a commercial purpose, other than solely for transport on land;
or attempt to purchase, possess, or receive for a commercial purpose, other than solely for
transport on land; golden or blueline tilefish caught by a vessel without a tilefish permit, unless
the tilefish were harvested by a vessel without a tilefish permit that fished exclusively in State
waters.

(ii) Purchase or otherwise receive for commercial purposes golden or blueline tilefish caught in the
EEZ from outside the Tilefish Management Unit unless otherwise permitted under 50 CFR part
622.
(4) Presumption. For purposes of this part, the following presumption applies: All golden or blueline
tilefish retained or possessed on a vessel issued any permit under § 648.4 are deemed to have been
harvested in or from the Tilefish Management Unit, unless the preponderance of all submitted
evidence demonstrates that such tilefish were harvested by a vessel fishing exclusively in state
waters.
50 CFR 648.14(u)(4) (enhanced display)

page 179 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(v)

(v) Skates —
(1) All persons. It is unlawful for any person to fish for, possess, transport, sell or land skates in or from
the EEZ portion of the skate management unit, unless:
(i)

Onboard a vessel that possesses a valid skate vessel permit.

(ii) Onboard a federally permitted lobster vessel (i.e., transfer at sea recipient) while in possession
of only whole skates as bait that are less than the maximum size specified at § 648.322(c).
(2) All Federal permit holders. It is unlawful for any owner or operator of a vessel holding a valid Federal
permit to do any of the following:
(i)

Retain, possess, or land thorny skates taken in or from the EEZ portion of the skate
management unit specified at § 648.2.

(ii) Retain, possess, or land barndoor skates taken in or from the EEZ portion of the skate
management unit when fishing under a bait letter of authorization as described in § 648.322(c).
(iii) [Reserved]
(3) Skate permitted vessel requirements. It is unlawful for any owner or operator of a vessel holding a
valid Federal skate permit to do any of the following:
(i)

Skate wings. Fail to comply with the conditions of the skate wing possession and landing limits
specified at § 648.322(b), unless holding a valid letter of authorization to fish for and land
skates as bait at § 648.322(c).

(ii) Possession and transfer.
(A) Transfer at sea, or attempt to transfer at sea, to any vessel, any skates unless in
compliance with the provisions of §§ 648.13(h) and 648.322(c).
(B) Purchase, possess, trade, barter, or receive; or attempt to purchase, possess, trade, barter,
or receive; skates caught in the EEZ portion of the skate management unit by a vessel that
has not been issued a valid Federal skate permit under this part.
(C) Fish for, catch, possess, transport, land, sell, trade, or barter; or attempt to fish for, catch,
possess, transport, land, sell, trade, or barter; whole skates and skate wings in excess of
the possession limits specified at § 648.322.
(iii) DAS notification and skate wing possession. Fail to comply with the provisions of the DAS
notification program specified in §§ 648.53, 648.82, and 648.92; for the Atlantic sea scallop, NE
multispecies, and monkfish fisheries, respectively; when issued a valid skate permit and fishing
under the skate wing possession limits at § 648.322.
(iv) SNE Trawl and Gillnet Exemption areas restrictions. Fail to comply with the restrictions under the
SNE Trawl and Gillnet Exemption areas for the NE skate fisheries at §§ 648.80(b)(5)(i)(B) and
648.80(b)(6)(i)(B).
(4) Presumption. For purposes of this part, the following presumption applies: All skates retained or
possessed on a vessel are deemed to have been harvested in or from the Skate Management Unit,
unless the preponderance of evidence demonstrates that such skates were harvested by a vessel,

50 CFR 648.14(v)(4) (enhanced display)

page 180 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.14(w)

that has not been issued a Federal skate permit, fishing exclusively outside of the EEZ portion (such
as fishing within the NAFO Regulatory Area under § 648.17(a)(3)) of the skate management unit or
only in state waters.
(w) Mid-Atlantic forage species. It is unlawful for any person owning or operating a vessel issued a valid
commercial permit under this part to fish for, possess, transfer, receive, or land; or attempt to fish for,
possess, transfer, receive, or land; more than 1,700 lb (771.11 kg) of all Mid-Atlantic forage species
combined per trip in or from the Mid-Atlantic Forage Species Management Unit, as defined at §
648.351(b). A vessel not issued a commercial permit in accordance with § 648.4 that fished exclusively in
state waters or a vessel that fished Federal waters outside of the Mid-Atlantic Forage Species
Management Unit that is transiting the area with gear that is stowed and not available for immediate use
is exempt from this prohibition.
[74 FR 20535, May 4, 2009]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.14, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Effective Date Note: At 90 FR 18818, May 2, 2025, § 648.14 was amended by adding paragraph (k)(16)(iii)(C),
effective May 1, 2025 through Oct. 28, 2025. At 90 FR 47989, Oct. 3, 2025, the effective date was extended through
Apr. 30, 2026.

§ 648.15 Facilitation of enforcement.
(a) General. See § 600.504 of this chapter.
(b) Special notification requirements applicable to surfclam and ocean quahog vessel owners and operators —
(1) Surfclam and ocean quahog open access permitted vessels. Vessel owners or operators issued an
open access surfclam or ocean quahog open access permit for fishing in the ITQ Program, as
specified at § 648.74, are required to declare their intended fishing activity via VMS prior to leaving
port.
(2) Maine mahogany quahog limited access permitted vessels. Beginning January 1, 2009, vessel owners
or operators issued a limited access Maine mahogany quahog permit for fishing for Maine
mahogany quahogs in the Maine mahogany quahog zone, as specified at § 648.78, are required to
declare via VMS, prior to leaving port, and entering the Maine mahogany quahog zone, their intended
fishing activity, unless otherwise exempted under paragraph § 648.4(a)(4)(ii)(B)(1).
(3) Declaration out of surfclam and ocean quahog fisheries. Owners or operators that are transiting
between ports or fishing in a fishery other than surfclams and ocean quahogs must either declare
out of fisheries or declare the appropriate fishery, if required, via the VMS unit, before leaving port.
The owner or operator discontinuing a fishing trip in the EEZ or Maine mahogany quahog zone must
return to port and offload any surfclams or ocean quahogs prior to commencing fishing operations
in the waters under the jurisdiction of any state.
(4) Inspection by authorized officer. The vessel permits, the vessel, its gear, and catch shall be subject to
inspection upon request by an authorized officer.

50 CFR 648.15(b)(4) (enhanced display)

page 181 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.15(b)(5)

(5) Authorization for use of fishing trip notification via telephone. The Regional Administrator may
authorize or require the notification of surfclam or ocean quahog fishing trip information via a
telephone call to the NMFS Office of Law Enforcement nearest to the point of offloading, instead of
the use of VMS. If authorized, the vessel owner or operator must accurately provide the following
information prior to departure of his/her vessel from the dock to fish for surfclams or ocean
quahogs in the EEZ: Name of the vessel; NMFS permit number assigned to the vessel; expected date
and time of departure from port; whether the trip will be directed on surfclams or ocean quahogs;
expected date, time, and location of landing; and name of individual providing notice. If use of a
telephone call-in notification is authorized or required, the Regional Administrator shall notify
affected permit holders through a letter, notification in the FEDERAL REGISTER, e-mail, or other
appropriate means.
(c) Radio hails. Permit holders, while underway, must be alert for communication conveying enforcement
instructions and immediately answer via VHF-FM radio, channel 16 when hailed by an authorized officer.
Vessels not required to have VHF-FM radios by the Coast Guard are exempt from this requirement.
(d) Retention of haddock by herring dealers and processors.
(1) Federally permitted herring dealers and processors, including at-sea processors, that cull or separate
out from the herring catch all fish other than herring in the course of normal operations, must
separate out and retain all haddock offloaded from a vessel issued a Category A or B Herring Permit
that fished on a declared herring trip regardless of gear or area fished, or by a vessel issued a
Category C, D, or E Herring Permit that fished with midwater trawl gear pursuant to § 648.80(d). Such
haddock may not be sold, purchased, received, traded, bartered, or transferred, and must be retained,
after they have been separated, for at least 12 hours for dealers and processors on land, and for 12
hours after landing by at-sea processors. The dealer or processor, including at-sea processors, must
clearly indicate the vessel that landed the retained haddock or transferred the retained haddock to
an at-sea processor. Authorized officers must be given access to inspect the haddock.
(2) All haddock separated out and retained is subject to reporting requirements specified at § 648.7.
(e) Retention of haddock by herring vessels using midwater trawl gear. 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 not
discard any haddock that has been brought on the deck or pumped into the hold.
[61 FR 34968, July 3, 1996, as amended at 62 FR 14648, Mar. 27, 1997; 63 FR 27485, May 19, 1998; 71 FR 46875, Aug. 15, 2006; 72
FR 11276, Mar. 12, 2007; 72 FR 51703, Sept. 11, 2007; 76 FR 56997, Sept. 15, 2011; 76 FR 60649, Sept. 29, 2011; 85 FR 26884, May
6, 2020]

§ 648.16 Penalties.
See § 600.735.

§ 648.17 Exemptions for vessels fishing in the NAFO Regulatory Area.
(a) Fisheries included under exemption —
(1) NE multispecies. A vessel issued a valid High Seas Fishing Compliance Permit under part 300 of this
title and that complies with the requirements specified in paragraph (b) of this section, is exempt
from NE multispecies permit, mesh size, effort-control, minimum fish size, and possession limit
50 CFR 648.17(a)(1) (enhanced display)

page 182 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.17(a)(2)

restrictions, specified in §§ 648.4, 648.80, 648.82, 648.83, and 648.86, respectively, while transiting
the EEZ with NE multispecies on board the vessel, or landing NE multispecies in U.S. ports that were
caught while fishing in the NAFO Regulatory Area.
(2) Monkfish. A vessel issued a valid High Seas Fishing Compliance Permit under part 300 of this title
and that complies with the requirements specified in paragraph (b) of this section is exempt from
monkfish permit, mesh size, effort-control, and possession limit restrictions, specified in §§ 648.4,
648.91, 648.92 and 648.94, respectively, while transiting the EEZ with monkfish on board the vessel,
or landing monkfish in U.S. ports that were caught while fishing in the NAFO Regulatory Area.
(3) Skates. A vessel issued a valid High Seas Fishing Compliance Permit under part 300 of this title and
that complies with the requirements specified in paragraph (b) of this section is exempt from skate
permit and possession limit restrictions, specified in §§ 648.4 and 648.322, respectively, and from
Atlantic sea scallop, NE multispecies, or monkfish DAS effort control restrictions specified in §§
648.53, 648.82, and 648.92, respectively, and from mesh size and gear restrictions specified in §§
648.51, 648.80, and 648.91, respectively, while transiting the EEZ with skates on board the vessel, or
landing skates in U.S. ports that were caught while fishing in the NAFO Regulatory Area. These
vessels may possess, retain, and land barndoor skate; however, they may not possess, retain, or land
other prohibited skate species specified in §§ 648.14(v) and 648.322(g).
(b) General requirements.
(1) The vessel operator has a valid letter of authorization issued by the Regional Administrator on board
the vessel;
(2) For the duration of the trip, the vessel fishes, except for transiting purposes, exclusively in the NAFO
Regulatory Area and does not harvest fish in, or possess fish harvested in, or from, the EEZ;
(3) When transiting the EEZ, all gear is properly stowed in accordance with the definition of not available
for immediate use as defined in § 648.2; and
(4) The vessel operator complies with the High Seas Fishing Compliance Permit and all NAFO
conservation and enforcement measures while fishing in the NAFO Regulatory Area.
[70 FR 21942, Apr. 28, 2005, as amended at 79 FR 52580, Sept. 4, 2014; 83 FR 48987, Sept. 28, 2018; 84 FR 34814, July 19, 2019]

§ 648.18 Standardized bycatch reporting methodology.
NMFS shall comply with the Standardized Bycatch Reporting Methodology (SBRM) provisions established in the
following fishery management plans by the Standardized Bycatch Reporting Methodology: An Omnibus Amendment
to the Fishery Management Plans of the Mid-Atlantic and New England Regional Fishery Management Councils,
completed March 2015, also known as the SBRM Omnibus Amendment, by the New England Fishery Management
Council, Mid-Atlantic Fishery Management Council, National Marine Fisheries Service Greater Atlantic Regional
Fisheries Office, and National Marine Fisheries Service Northeast Fisheries Science Center: Atlantic Bluefish;
Mackerel, Squid, and Butterfish; Atlantic Sea Scallop; Atlantic Surfclam and Ocean Quahog; Atlantic Herring; Atlantic
Salmon; Deep-Sea Red Crab; Monkfish; Northeast Multispecies; Northeast Skate Complex; Spiny Dogfish; Summer
Flounder, Scup, and Black Sea Bass; and Tilefish. The Director of the Federal Register approves this incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of the SBRM Omnibus
Amendment from the Greater Atlantic Regional Fisheries Office (www.greateratlantic.fisheries.noaa.gov,
978-281-9300). You may inspect a copy at the Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive,

50 CFR 648.18 (enhanced display)

page 183 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.20

Gloucester, MA 01930 or at the National Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to: www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
[85 FR 47113, Aug. 4, 2020]

Subpart B—Management Measures for the Mackerel, Squid, and Butterfish Fisheries
§ 648.20 Mid-Atlantic Fishery Management Council Acceptable Biological Catch (ABC) control
rules.
The SSC shall review the following criteria, and any additional relevant information, to assign managed stocks to
one of four types of control rules based on the species' assessments and its treatment of uncertainty when
developing ABC recommendations. The SSC shall review the ABC control rule assignment for stocks each time an
ABC is recommended. ABCs may be recommended for up to three years for all stocks, with the exception of five
years for spiny dogfish. The SCC may specify constant, multi-year ABCs, derived from the average of ABCs (or
average risk of overfishing) if the average probability of overfishing remains between zero and 40 percent, and does
not exceed a 50-percent probability in any given year. The average ABCs may remain constant for up to three years
for all stocks, with the exception of five years for spiny dogfish. The SSC may deviate from the control rule methods
and recommend an ABC that differs from the result of the ABC control rule application; however, any such deviation
must include the following: A description of why the deviation is warranted; description of the methods used to
derive the alternative ABC; and an explanation of how the deviation is consistent with National Standard 2. The four
types of ABC control rules are described below.
(a) ABC control rule for a stock with an OFL probability distribution that is analytically-derived and accepted by
the SSC.
(1) The SSC determines that the assessment OFL and the assessment's treatment of uncertainty are
acceptable, based on the following:
(i)

All important sources of scientific uncertainty are captured in the stock assessment model;

(ii) The probability distribution of the OFL is calculated within the stock assessment and
adequately describes the OFL uncertainty;
(iii) The stock assessment model structure and treatment of the data prior to use in the model
include relevant details of the biology of the stock, fisheries that exploit the stock, and data
collection methods;
(iv) The stock assessment provides the following estimates: Fishing mortality rate (F) at MSY or an
acceptable proxy maximum fishing mortality threshold (MFMT) to define OFL, biomass,
biological reference points, stock status, OFL, and the respective uncertainties associated with
each value; and
(v) No substantial retrospective patterns exist in the stock assessment estimates of fishing
mortality, biomass, and recruitment.
(2) An ABC for stocks with an accepted OFL probability distribution that is analytically-derived will be
determined by applying the acceptable probability of overfishing from the MAFMC's risk policy found
in § 648.21(a) through (d) to the probability distribution of the OFL.

50 CFR 648.20(a)(2) (enhanced display)

page 184 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.20(b)

(b) ABC control rule for a stock with an OFL probability distribution that is modified by the assessment team
and accepted by the SSC.
(1) The SSC determines the assessment OFL is acceptable and the SSC accepts the assessment team's
modifications to the analytically-derived OFL probability distribution, based on the following:
(i)

Key features of the stock biology, the fisheries that exploit it, and/or the data collection
methods for stock information are missing from, or poorly estimated in, the stock assessment;

(ii) The stock assessment provides reference points (which may be proxies), stock status, and
uncertainties associated with each; however, the uncertainty is not fully promulgated through
the stock assessment model and/or some important sources of uncertainty may be lacking;
(iii) The stock assessment provides estimates of the precision of biomass, fishing mortality, and
reference points;
(iv) The accuracy of the minimum fishing mortality threshold and projected future biomass is
estimated in the stock assessment using ad hoc methods; and
(v) The modified OFL probability distribution provided by the assessment team acceptably
addresses the uncertainty of the assessment.
(2) An ABC for stocks with an OFL probability distribution that is modified by the assessment team and
accepted by the SSC will be determined by applying the acceptable probability of overfishing from
the MAFMC's risk policy found in § 648.21(a) through (d) to the probability distribution of the OFL as
modified by the assessment team.
(c) ABC control rule for a stock with an OFL probability distribution that is modified by the SSC.
(1) The SSC determines the assessment OFL is acceptable but the SSC derives the appropriate
uncertainty for OFL based on meta-analysis and other considerations. This requires the SSC to
determine that the stock assessment does not contain an estimated probability distribution of OFL
or the OFL probability distribution in the stock assessment is judged by the SSC to not adequately
reflect uncertainty in the OFL estimate.
(2) An ABC for stocks with an OFL probability distribution that is modified by the SSC will be determined
by either:
(i)

Applying the acceptable probability of overfishing from the MAFMC's risk policy found in §
648.21(a) through (d) to the SSC-adjusted OFL probability distribution. The SSC will use default
assignments of uncertainty in the adjusted OFL probability distribution based on literature
review and valuation of control rule performance; or,

(ii) If the SSC cannot develop an OFL probability distribution, a default control rule of 75 percent of
the FMSY value will be applied to derive ABC.
(d) ABC control rule for when an OFL cannot be specified.
(1) The SSC determines that the OFL cannot be specified given the available information.
(2) An ABC for stocks with an OFL that cannot be specified will be determined by using control rules
based on biomass and catch history and application of the MAFMC's risk policy found in § 648.21(a)
through (d).
[83 FR 15512, Apr. 11, 2018]
50 CFR 648.20(d)(2) (enhanced display)

page 185 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.21

§ 648.21 Mid-Atlantic Fishery Management Council risk policy.
The risk policy shall be used by the SSC in conjunction with the ABC control rules in § 648.20(a) through (d) to
ensure the MAFMC's preferred tolerance for the risk of overfishing is addressed in the ABC development and
recommendation process.
(a) Stocks under a rebuilding plan. The probability of not exceeding the F necessary to rebuild the stock within
the specified time frame (rebuilding F or FREBUILD) must be at least 50 percent, unless the default level is
modified to a higher probability for not exceeding the rebuilding F through the formal stock rebuilding
plan. A higher probability of not exceeding the rebuilding F would be expressed as a value greater than 50
percent (e.g., 75-percent probability of not exceeding rebuilding F, which corresponds to a 25-percent
probability of exceeding rebuilding F).
(b) Stocks not subject to a rebuilding plan.
(1) For stocks with a ratio of biomass (B) to biomass at MSY (BMSY) of 1.0 or lower, the maximum
probability of overfishing as informed by the OFL distribution shall decrease linearly from a
maximum value of 45 percent until the probability of overfishing becomes zero at a B/BMSY ratio of
0.10.
(2) For stocks with biomass that exceeds BMSY and the B/BMSY ratio is greater than 1.0, the probability of
overfishing shall increase linearly from a probability of overfishing of 45 percent to a maximum
probability of overfishing of 49 percent when the B/BMSY ratio is equal to 1.5 or greater.
(c) Most restrictive ABC recommendation.
(1) Unless otherwise allowed in paragraph (c)(2) or (3) of this section, for instances in which the
application of the risk policy approaches in paragraph (b) of this section using OFL distribution
results in a more restrictive ABC recommendation than the calculation of ABC derived from the use
of FREBUILD at the MAFMC-specified overfishing risk level as outlined in paragraph (a) of this section,
the Scientific and Statistical Committee (SSC) shall recommend to the MAFMC the lower of the ABC
values.
(2) The SSC may specify higher 2023-2032 ABCs for Atlantic mackerel based on FREBUILD instead of the
methods outlined in paragraph (a) of this section to implement a rebuilding program that would
rebuild this stock by 2032.
(3) The SSC may specify higher ABCs for bluefish based on FREBUILD, as outlined in paragraph (a) of this
section, instead of the risk policy approaches in paragraph (b) of this section in order to implement a
rebuilding program that would rebuild this stock by 2028.
(d) Stock without an OFL or OFL proxy.
(1) If an OFL cannot be determined from the stock assessment, or if a proxy is not provided by the SSC
during the ABC recommendation process, ABC levels may not be increased until such time that an
OFL has been identified.
(2) The SSC may deviate from paragraph (d)(1) of this section, provided that the following two criteria
are met: Biomass-based reference points indicate that the stock is greater than BMSY and stock
biomass is stable or increasing, or if biomass based reference points are not available, best available
science indicates that stock biomass is stable or increasing; and the SSC provides a determination
that, based on best available science, the recommended increase to the ABC is not expected to
50 CFR 648.21(d)(2) (enhanced display)

page 186 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.22

result in overfishing. Any such deviation must include a description of why the increase is warranted,
description of the methods used to derive the alternative ABC, and a certification that the ABC is not
likely to result in overfishing on the stock.
[76 FR 60616, Sept. 29, 2011, as amended at 77 FR 51857, Aug. 27, 2012; 84 FR 58058, Oct. 30, 2019; 85 FR 81154, Dec. 15, 2020;
86 FR 66981, Nov. 24, 2021; 87 FR 6670, Feb. 1, 2023]

§ 648.22 Mackerel, squid, and butterfish specifications.
(a) Initial recommended annual specifications. The Mackerel, Squid, and Butterfish Monitoring Committee
(Monitoring Committee) shall meet annually to develop and recommend the following specifications for
consideration by the Mackerel, Squid, and Butterfish Committee of the MAFMC:
(1) Illex squid —Initial OY (IOY), including Research Set-Aside (RSA), domestic annual harvest (DAH), and
domestic annual processing (DAP) for Illex squid, which, subject to annual review, may be specified
for a period of up to 3 years;
(2) Butterfish —Annual catch limit (ACL); Annual catch target (ACT) including RSA, DAH, DAP; bycatch
level of the total allowable level of foreign fishing (TALFF), if any; and butterfish discard cap for the
longfin squid fishery for butterfish; which, subject to annual review, may be specified for a period of
up to 3 years;
(3) Atlantic mackerel —ACL; commercial ACT, including RSA, DAH, Atlantic mackerel Tier 3 landings cap
(up to 7 percent of the DAH), DAP; joint venture processing (JVP) if any; TALFF, if any; and
recreational ACT, including RSA for Atlantic mackerel; which, subject to annual review, may be
specified for a period of up to 3 years. The Monitoring Committee may also recommend that certain
ratios of TALFF, if any, for Atlantic mackerel to purchases of domestic harvested fish and/or
domestic processed fish be established in relation to the initial annual amounts.
(4) Longfin squid —
(i)

IOY, including RSA, DAH, and DAP for longfin squid, which, subject to annual review, may be
specified for a period of up to 3 years; and

(ii) Inseason adjustment, upward or downward, to the specifications for longfin squid, as specified
in paragraph (e) of this section.
(5) Atlantic chub mackerel —ACL, ACT, and total allowable landings (TAL), which, subject to annual
review, may be specified for a period of up to 3 years.
(b) Guidelines. As the basis for its recommendations under paragraph (a) of this section, the Monitoring
Committee shall review the best available data to recommend specifications consistent with the
following:
(1) Longfin and/or Illex squid.
(i)

The ABC for any fishing year must be either the maximum OY, or a lower amount, if stock
assessments indicate that the potential yield is less than the maximum OY. The OYs specified
during a fishing year may not exceed the following amounts:
(A) Longfin squid—The catch associated with a fishing mortality rate of FThreshold.
(B) Illex squid —Catch associated with a fishing mortality rate of FMSY.

50 CFR 648.22(b)(1)(i)(B) (enhanced display)

page 187 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.22(b)(1)(ii)

(ii) IOY is a modification of ABC based on social and economic factors. The IOY is composed of
RSA and DAH. RSA will be based on requests for research quota as described in paragraph (g)
of this section. DAH will be set after deduction for RSA, if applicable.
(2) Atlantic Mackerel —
(i)

ABC. The MAFMC's SSC shall recommend a stock-wide ABC to the MAFMC, as described in §
648.20. The stock-wide Atlantic mackerel ABC is reduced from the OFL based on an
adjustment for scientific uncertainty; the stock-wide ABC must be less than or equal to the OFL.

(ii) ACL. The ACL or Domestic ABC is calculated using the formula ACL/Domestic ABC = stockwide ABC − C, where C is the estimated catch of Atlantic mackerel in Canadian waters for the
upcoming fishing year.
(iii) OY. OY may not exceed the ACL, and must take into account the need to prevent overfishing
while allowing the fishery to achieve OY on a continuing basis. OY is prescribed on the basis of
MSY, as reduced by social, economic, and ecological factors.
(iv) ACT. The Monitoring Committee shall identify and review relevant sources of management
uncertainty to recommend ACTs for the commercial and recreational fishing sectors as part of
the specifications process.
(A) Commercial sector ACT. Commercial ACT is composed of RSA, DAH, Tier 3 landings cap
(up to 7 percent of DAH), dead discards, and TALFF, if any. RSA will be based on requests
for research quota as described in paragraph (g) of this section. DAH, Tier 3 landings cap
(up to 7 of the DAH), DAP, and JVP will be set after deduction for RSA, if applicable, and
must be projected by reviewing data from sources specified in paragraph (b) of this
section and other relevant data, including past domestic landings, projected amounts of
Atlantic mackerel necessary for domestic processing and for joint ventures during the
fishing year, projected recreational landings, and other data pertinent for such a projection.
The JVP component of DAH is the portion of DAH that domestic processors either cannot
or will not use. Economic considerations for the establishment of JVP and TALFF include:
(1) Total world export potential of Atlantic mackerel producing countries.
(2) Total world import demand of Atlantic mackerel consuming countries.
(3) U.S. export potential based on expected U.S. harvests, expected U.S. consumption,
relative prices, exchange rates, and foreign trade barriers.
(4) Increased/decreased revenues to the U.S. from foreign fees.
(5) Increased/decreased revenues to U.S. harvesters (with/without joint ventures).
(6) Increased/decreased revenues to U.S. processors and exporters.
(7) Increases/decreases in U.S. harvesting productivity due to decreases/increases in
foreign harvest.
(8) Increases/decreases in U.S. processing productivity.
(9) Potential impact of increased/decreased TALFF on foreign purchases of U.S.
products and services and U.S.-caught fish, changes in trade barriers, technology
transfer, and other considerations.
50 CFR 648.22(b)(2)(iv)(A)(9) (enhanced display)

page 188 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.22(b)(2)(iv)(B)

(B) Recreational sector ACT. Recreational ACT is composed of RSA, dead discards, and the
Recreational Harvest Limit (RHL).
(v) Performance review. The Mackerel, Squid, and Butterfish Committee shall conduct a detailed
review of fishery performance relative to the Atlantic mackerel ACL at least every 5 years.
(A) If the Atlantic mackerel ACL is exceeded with a frequency greater than 25 percent (i.e.,
more than once in 4 years or any two consecutive years), the Mackerel, Squid, and
Butterfish Monitoring Committee will review fishery performance information and make
recommendations to the MAFMC for changes in measures intended to ensure ACLs are
not exceeded as frequently.
(B) The MAFMC may specify more frequent or more specific ACL performance review criteria
as part of a stock rebuilding plan following a determination that a stock has become
overfished.
(C) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior
year ACLs have been exceeded, but may be conducted in conjunction with such reviews.
(vi) River herring and shad catch cap. The Monitoring Committee shall provide recommendations
regarding a cap on the catch of river herring (alewife and blueback) and shad (American and
hickory) in the Atlantic mackerel fishery based on best available scientific information, as well
as measures (seasonal or regional quotas, closure thresholds) necessary for implementation.
(3) Butterfish —
(i)

ABC. The MAFMC's SSC shall recommend an ABC to the MAFMC, as described in § 648.20. The
butterfish ABC is reduced from the OFL based on an adjustment for scientific uncertainty; the
ABC must be less than or equal to the OFL.

(ii) ACL. The butterfish ACL will be set equal to the butterfish ABC.
(iii) OY. OY may not exceed the ACL, and must take into account the need to prevent overfishing
while allowing the fishery to achieve OY on a continuing basis. OY is prescribed on the basis of
MSY, as reduced by social, economic, and ecological factors.
(iv) ACT. The Monitoring Committee shall identify and review relevant sources of management
uncertainty to recommend the butterfish ACT as part of the specifications process. The ACT is
composed of RSA, DAH, dead discards, and bycatch TALFF that is equal to 0.08 percent of the
allocated portion of the mackerel TALFF. RSA will be based on requests for research quota as
described in paragraph (g) of this section. DAH and bycatch TALFF will be set after deduction
for RSA, if applicable.
(v) Butterfish discard cap. The butterfish discard cap will be based on a portion of the ACT (set
annually during specifications) and the specified cap amount will be allocated to the longfin
squid fishery as follows: Trimester I—43 percent; Trimester II—17 percent; and Trimester III—40
percent.
(vi) Any underages of the cap for Trimester I that are greater than 25 percent of the Trimester I cap
will be reallocated to Trimester II and III (split equally between both trimesters) of the same
year. The reallocation of the cap from Trimester I to Trimester II is limited, such that the
Trimester II cap may only be increased by 50 percent; the remaining portion of the underage will

50 CFR 648.22(b)(3)(vi) (enhanced display)

page 189 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.22(b)(3)(vii)

be reallocated to Trimester III. Any underages of the cap for Trimester I that are less than 25
percent of the Trimester I quota will be applied to Trimester III of the same year. Any overages
of the cap for Trimester I and II will be subtracted from Trimester III of the same year.
(vii) Performance review. The Mackerel, Squid, and Butterfish Committee shall conduct a detailed
review of fishery performance relative to the butterfish ACL in conjunction with review for the
Atlantic mackerel fishery, as outlined in this section.
(4) Additional measures. The Monitoring Committee may also provide recommendations on the
following items, if necessary:
(i)

Observer provisions to maximize sampling at § 648.11(n)(2);

(ii) Exceptions for the requirement to pump/haul aboard all fish from net for inspection by at-sea
observers in § 648.11(n)(3);
(5) Atlantic chub mackerel —
(i)

ABC. The MAFMC's SSC shall recommend a stock-wide ABC to the MAFMC, as described in §
648.20. The stock-wide Atlantic chub mackerel ABC is reduced from the OFL based on an
adjustment for scientific uncertainty; the stock-wide ABC must be less than or equal to the OFL.

(ii) Maximum sustainable yield (MSY). The Atlantic chub mackerel MSY shall be set equal to the
Atlantic chub mackerel ABC.
(iii) OY. The Atlantic chub mackerel OY shall be set equal to or less than the Atlantic chub mackerel
ABC.
(iv) ACL. The ACL for the Atlantic Chub Mackerel Management Unit is calculated by subtracting an
estimate of Atlantic chub mackerel catch from South Carolina through Florida from the Atlantic
chub mackerel ABC or OY, whichever is less. The Monitoring Committee shall recommend an
appropriate estimate of such catch on an annual basis through the specifications process. The
ACL shall apply to both commercial and recreational catch of Atlantic chub mackerel; there will
not be separate ACLs for the commercial and recreational Atlantic chub mackerel fisheries.
(v) ACT. The Atlantic chub mackerel ACT shall be equal to or less than the Atlantic chub mackerel
ACL after deducting an estimate of management uncertainty. The Monitoring Committee shall
identify and review relevant sources of management uncertainty to recommend an overall ACT
to the MAFMC for both the commercial and recreational fishing sectors as part of the
specifications process.
(vi) TAL. The Atlantic chub mackerel TAL shall be equal to or less than the Atlantic chub mackerel
ACT after deducting an estimate of dead discards in both the commercial and recreational
fisheries. The Monitoring Committee shall evaluate available data to recommend an estimate
of total discards used to calculate the TAL in its recommendation to the MAFMC as part of the
specifications process.
(c) Recommended measures. Based on the review of the data described in paragraph (b) of this section and
requests for research quota as described in paragraph (g) of this section, the Monitoring Committee will
recommend to the Mackerel, Squid, and Butterfish Committee the measures from the following list that it
determines are necessary to ensure that the specifications are not exceeded:
(1) RSA set from a range of 0 to 3 percent of:
50 CFR 648.22(c)(1) (enhanced display)

page 190 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.22(c)(1)(i)

The IOY for longfin squid and/or Illex.

(ii) The commercial and/or recreational ACT for Atlantic mackerel.
(iii) The ACT for butterfish.
(2) Commercial quotas or total allowable landing limits, set after reductions for research quotas,
management uncertainty, discards, an estimate of Atlantic chub mackerel catch from South Carolina
through Florida, or any other applicable deduction specified in this section.
(3) The amount of longfin squid, Illex squid, and butterfish that may be retained and landed by vessels
issued the incidental catch permit specified in § 648.4(a)(5)(vi), and the amount of Atlantic mackerel
that may be retained, possessed and landed by any of the limited access Atlantic mackerel permits
described at § 648.4(a)(5)(iii) and the incidental Atlantic mackerel permit at § 648.4(a)(5)(iv).
(4) Commercial minimum fish sizes.
(5) Commercial trip limits.
(6) Commercial seasonal quotas/closures for longfin squid, Illex squid, and Atlantic chub mackerel; and
landings cap for the Tier 3 Limited Access Atlantic mackerel permit.
(7) Minimum mesh sizes.
(8) Commercial gear restrictions.
(9) Recreational allocation for Atlantic mackerel.
(10) Recreational minimum fish size.
(11) Recreational possession limits.
(12) Recreational season.
(13) Changes, as appropriate, to the SBRM, including the coefficient of variation (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.
(14) Modification of existing accountability measures (AMs) utilized by the Monitoring Committee.
(d) Annual fishing measures.
(1) The Mackerel, Squid, and Butterfish Committee will review the recommendations of the Monitoring
Committee. Based on these recommendations and any public comment received thereon, the
Mackerel, Squid, and Butterfish Committee must recommend to the MAFMC appropriate
specifications and any measures necessary to assure that the specifications will not be exceeded.
The MAFMC will review these recommendations and, based on the recommendations and any public
comment received thereon, must recommend to the Regional Administrator appropriate
specifications and any measures necessary to assure that the ACL will not be exceeded. The
MAFMC's recommendations must include supporting documentation, as appropriate, concerning the
environmental, economic, and social impacts of the recommendations. The Regional Administrator
will review the recommendations and will publish a proposed rule in the FEDERAL REGISTER proposing
specifications and any measures necessary to assure that the specifications will not be exceeded
and providing a 30-day public comment period. If the proposed specifications differ from those
recommended by the MAFMC, the reasons for any differences must be clearly stated and the revised
50 CFR 648.22(d)(1) (enhanced display)

page 191 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.22(d)(2)

specifications must satisfy the criteria set forth in this section. The MAFMC's recommendations will
be available for inspection at the office of the Regional Administrator during the public comment
period. If the annual specifications for Illex squid, longfin squid, Atlantic mackerel, Atlantic chub
mackerel, or butterfish are not published in the FEDERAL REGISTER prior to the start of the fishing year,
the previous year's annual specifications, excluding specifications of TALFF, will remain in effect. The
previous year's specifications will be superseded as of the effective date of the final rule
implementing the current year's annual specifications.
(2) The Regional Administrator will make a final determination concerning the specifications for each
species and any measures necessary to assure that the specifications will not be exceeded. After
the Regional Administrator considers all relevant data and any public comments, notification of the
final specifications and any measures necessary to assure that the specifications will not be
exceeded and responses to the public comments will be published in the FEDERAL REGISTER. If the
final specification amounts differ from those recommended by the MAFMC, the reason(s) for the
difference(s) must be clearly stated and the revised specifications must be consistent with the
criteria set forth in paragraph (b) of this section.
(e) Inseason adjustments. The specifications established pursuant to this section may be adjusted by the
Regional Administrator, in consultation with the MAFMC, during the fishing year by publishing notification
in the FEDERAL REGISTER.
(f) Distribution of annual longfin squid commercial quota.
(1) A commercial quota for longfin squid will be allocated annually into trimester periods, based on the
following percentages: Trimester I (January-April)—43.0 percent; Trimester II (May-August)—17.0
percent; and Trimester III (September-December)—40.0 percent.
(2) Any underages of commercial period quota for Trimester I that are greater than 25 percent of the
Trimester I quota will be reallocated to Trimesters II and III of the same year. The reallocation of
quota from Trimester I to Trimester II is limited, such that the Trimester II quota may only be
increased by 50 percent; the remaining portion of the underage will be reallocated to Trimester III.
Any underages of commercial period quota for Trimester I that are less than 25 percent of the
Trimester I quota will be applied to Trimester III of the same year. Any overages of commercial quota
for Trimesters I and II will be subtracted from Trimester III of the same year.
(g) Research set-aside (RSA) quota. Prior to the MAFMC's quota-setting meetings:
(1) NMFS will publish a Request for Proposals (RFP) in the FEDERAL REGISTER, consistent with procedures
and requirements established by the NOAA Grants Office, to solicit proposals from industry for the
upcoming fishing year, based on research priorities identified by the MAFMC.
(2) NMFS will convene a review panel, including the MAFMC's Comprehensive Management Committee
and technical experts, to review proposals submitted in response to the RFP.
(i)

Each panel member will recommend which research proposals should be authorized to utilize
research quota, based on the selection criteria described in the RFP.

(ii) The NEFSC Director and the NOAA Grants Office will consider each panel member's
recommendation, and provide final approval of the projects. The Regional Administrator may,
when appropriate, exempt selected vessel(s) from regulations specified in each of the
respective FMPs through written notification to the project proponent.

50 CFR 648.22(g)(2)(ii) (enhanced display)

page 192 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.22(g)(3)

(3) The grant awards approved under the RFPs will be for the upcoming fishing year. Proposals to fund
research that would start prior to, or that would end after the fishing year, will not be eligible for
consideration. All research and/or compensation trips must be completed within the fishing year for
which the research grant was awarded.
(4) Research projects will be conducted in accordance with provisions approved and provided in an
Exempted Fishing Permit (EFP) issued by the Regional Administrator.
(5) If a proposal is disapproved by the NEFSC Director or the NOAA Grants Office, or if the Regional
Administrator determines that the allocated research quota cannot be utilized by a project, the
Regional Administrator shall reallocate the unallocated or unused amount of research quota to the
respective commercial and recreational fisheries by publication of a notice in the FEDERAL REGISTER in
compliance with the Administrative Procedure Act, provided:
(i)

The reallocation of the unallocated or unused amount of research quota is in accord with
National Standard 1, and can be available for harvest before the end of the fishing year for
which the research quota is specified; and

(ii) Any reallocation of unallocated or unused research quota shall be consistent with the
proportional division of quota between the commercial and recreational fisheries in the relevant
FMP and allocated to the remaining quota periods for the fishing year proportionally.
(6) Vessels participating in approved research projects may be exempted from certain management
measures by the Regional Administrator, provided that one of the following analyses of the impacts
associated with the exemptions is provided:
(i)

The analysis of the impacts of the requested exemptions is included as part of the annual
quota specification packages submitted by the MAFMC; or

(ii) For proposals that require exemptions that extend beyond the scope of the analysis provided by
the MAFMC, applicants may be required to provide additional analysis of impacts of the
exemptions before issuance of an EFP will be considered, as specified in the EFP regulations at
§ 648.12(b).
[76 FR 60616, Sept. 29, 2011, as amended at 76 FR 68656, Nov. 7, 2011; 76 FR 81848, Dec. 29, 2011; 77 FR 16480, Mar. 21, 2012;
78 FR 3353, Jan. 16, 2013; 79 FR 10048, Feb. 24, 2014; 79 FR 18481, Apr. 2, 2014; 80 FR 37194, June 30, 2015; 80 FR 48248, Aug.
12, 2015; 83 FR 64267, Dec. 14, 2018; 85 FR 47113, Aug. 4, 2020]

§ 648.23 Mackerel, squid, and butterfish gear restrictions.
(a) Mesh restrictions and exemptions. Vessels subject to the mesh restrictions in this paragraph (a) must
render any net, or any piece of net, with a mesh size smaller than that specified in paragraphs (a)(1), (2),
and (3) of this section not available for immediate use as defined in § 648.2.
(1) Butterfish fishery. Owners or operators of otter trawl vessels possessing more than 5,000 lb (2.27
mt) of butterfish harvested in or from the EEZ may only fish with nets having codend mesh of greater
than or equal to 3-inch (7.62-cm) diamond mesh, or greater than 25⁄8-inch (6.67-cm) square mesh, as
measured by methods specified in § 648.80(f), applied throughout the codend for at least 100
continuous meshes forward of the terminus of the net, or for codends with less than 100 meshes,
the minimum mesh size codend shall be a minimum of one-third of the net, measured from the
terminus of the codend to the headrope.

50 CFR 648.23(a)(1) (enhanced display)

page 193 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.23(a)(2)

(2) Longfin squid fishery.
(i)

Owners or operators of otter trawl vessels possessing longfin squid harvested in or from the
EEZ may only fish with nets having a minimum mesh size of 21⁄8 inches (54 mm) during
Trimesters I (Jan-Apr) and III (Sept-Dec), or 17⁄8 inches (48 mm) during Trimester II (May-Aug),
diamond or square mesh, as measured by methods specified in § 648.80(f), applied throughout
the codend for at least 150 continuous meshes forward of the terminus of the net, or, for
codends with less than 150 meshes, the minimum mesh size codend shall be a minimum of
one-third of the net measured from the terminus of the codend to the headrope.

(ii) During closures of the longfin squid fishery resulting from the butterfish discard cap, described
in § 648.24(c)(3), vessels fishing for longfin squid using jigging gear are exempt from the
closure possession limit specified in § 648.26(b), provided that all otter trawl gear is stowed
and not available for immediate use as defined in § 648.2.
(3) Net obstruction or constriction. Owners or operators of otter trawl vessels fishing for and/or
possessing butterfish or longfin squid shall not use any device, gear, or material, including, but not
limited to, nets, net strengtheners, ropes, lines, or chafing gear, on the top of the regulated portion of
a trawl net except any of the following materials may be used as specified:
(i)

Splitting straps, and/or bull ropes or wire around the entire circumference of the codend
provided these materials do not obstruct or constrict the top or the trawl net while it is being
towed;

(ii) Net strengtheners (covers) that do not have a mesh opening of less than 5 inches (12.7 cm)
diamond or square mesh, as measured by methods specified in § 648.80(f); and
(iii) A liner may be used to close the opening created by the rings in the aftermost portion of the net,
provided the liner extends no more than 10 meshes forward of the aftermost portion of the net,
the inside webbing of the codend shall be the same circumference or less than any
strengthener and the liner is no more than 2 ft (61 cm) longer than any net strengthener.
(4) Top of the regulated portion of the net means the 50 percent of the entire regulated portion of the net
that would not be in contact with the ocean bottom if, during a tow, the regulated portion of the net
were laid flat on the ocean floor.
(5) Illex fishery. Seaward of the following coordinates, connected in the order listed by straight lines
except otherwise noted, otter trawl vessels possessing longfin squid harvested in or from the EEZ
and fishing for Illex during the months of June, July, August in Trimester II, and September in
Trimester III are exempt from the longfin squid gear requirements specified in paragraph (a)(2) of
this section, provided that landward of the specified coordinates they do not have available for
immediate use, as defined in § 648.2, any net, or any piece of net, with a mesh size less than 17⁄8

50 CFR 648.23(a)(5) (enhanced display)

page 194 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.23(a)(6)

inches (48 mm) diamond mesh in Trimester II, and 21⁄8 inches (54 mm) diamond mesh in Trimester
III, or any piece of net, with mesh that is rigged in a manner that is prohibited by paragraphs (a)(2)
and (a)(3)(ii) of this section.

Point

N. lat.

W. long.

M0

43°58.0′

[ 1]

M1

43°58.0′

67°22.0′

M2

43°50.0′

68°35.0′

M3

43°30.0′

69°40.0′

M4

43°20.0′

70°00.0′

M5

42°45.0′

70°10.0′

M6

42°13.0′

69°55.0′

M7

41°00.0′

69°00.0′

M8

41°45.0′

68°15.0′

42°10.0′

[ 2]

67°10.0′

M10

41°18.6′

[ 2]

66°24.8′

M11

40°55.5′

66°38.0′

M12

40°45.5′

68°00.0′

M13

40°37.0′

68°00.0′

M14

40°30.0′

69°00.0′

M15

40°22.7′

69°00.0′

M16

40°18.7′

69°40.0′

M17

40°21.0′

71°03.0′

M18

39°41.0′

72°32.0′

M19

38°47.0′

73°11.0′

M20

38°04.0′

74°06.0′

M21

37°08.0′

74°46.0′

M22

36°00.0′

74°52.0′

M23

35°45.0′

74°53.0′

M24

35°28.0′

74°52.0′

M25

35°28.0′

[ 3]

M9

[1] The intersection of 43°58.0′ N. latitude and the US-Canada Maritime Boundary.
[2] Points M9 and M10 are intended to fall along and are connected by the US-Canada Maritime
Boundary.
[3] The intersection of 35°28.0′ N. latitude and the outward limit of the U.S. EEZ.

(6) Mackerel, squid, and butterfish bottom trawling restricted areas —
(i)

Oceanographer Canyon. No permitted mackerel, squid, or butterfish vessel may fish with bottom
trawl gear in the Oceanographer Canyon or be in the Oceanographer Canyon unless transiting.
Vessels may transit this area provided the bottom trawl gear is stowed and not available for

50 CFR 648.23(a)(6)(i) (enhanced display)

page 195 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.23(a)(6)(ii)

immediate use as defined in § 648.2. Oceanographer Canyon is defined by straight lines
connecting the following points in the order stated (copies of a chart depicting this area are
available from the Regional Administrator upon request):

OCEANOGRAPHER CANYON
Point

N. lat.

W. long.

OC1

40°10.0′

68°12.0′

OC2

40°24.0′

68°09.0′

OC3

40°24.0′

68°08.0′

OC4

40°10.0′

67°59.0′

OC1

40°10.0′

68°12.0′

(ii) Lydonia Canyon. No permitted mackerel, squid, or butterfish vessel may fish with bottom trawl
gear in the Lydonia Canyon or be in the Lydonia Canyon unless transiting. Vessels may transit
this area provided the bottom trawl gear is stowed and not available for immediate use as
defined in § 648.2. Lydonia Canyon is defined by straight lines connecting the following points
in the order stated (copies of a chart depicting this area are available from the Regional
Administrator upon request):

LYDONIA CANYON
Point

N. lat.

W. long.

LC1

40°16.0′

67°34.0′

LC2

40°16.0′

67°42.0′

LC3

40°20.0′

67°43.0′

LC4

40°27.0′

67°40.0′

LC5

40°27.0′

67°38.0′

LC1

40°16.0′

67°34.0′

(b) [Reserved]
(c) Mesh obstruction or constriction. The owner or operator of a fishing vessel shall not use any mesh
construction, mesh configuration, or other means that effectively decreases the mesh size below the
minimum mesh size, except that a liner may be used to close the opening created by the rings in the
aftermost portion of the net, provided the liner extends no more than 10 meshes forward of the aftermost
portion of the net. The inside webbing of the codend shall be the same circumference or less than the
outside webbing (strengthener). In addition, the inside webbing shall not be more than 2 ft (61 cm) longer
than the outside webbing.
50 CFR 648.23(c) (enhanced display)

page 196 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.24

[76 FR 60618, Sept. 29, 2011, as amended at 77 FR 16479, Mar. 21, 2012; 77 FR 51865, Aug. 27, 2012; 78 FR 3354, Jan. 16, 2013;
79 FR 18842, Apr. 4, 2014; 79 FR 52580, 52582, Sept. 4, 2014; 81 FR 24508, May 26, 2016; 85 FR 47115, Aug. 4, 2020; 90 FR 45677,
Sept. 23, 2025]

§ 648.24 Fishery closures and accountability measures.
(a) Fishery closure procedures —
(1) Longfin squid. NMFS shall close the directed fishery in the EEZ for longfin squid when the Regional
Administrator projects that 90 percent of the longfin squid quota is harvested before April 15 of
Trimester I and/or August 15 of Trimester II, and when 95 percent of the longfin squid DAH has been
harvested in Trimester III. On or after April 15 of Trimester I and/or August 15 of Trimester II, NMFS
shall close the directed fishery in the EEZ for longfin squid when the Regional Administrator projects
that 95 percent of the longfin squid quota is harvested. The closure of the directed fishery shall be in
effect for the remainder of that fishing period, with incidental catches allowed as specified at §
648.26.
(2) Illex. NMFS shall close the directed Illex fishery in the EEZ when the Regional Administrator projects
that 94 percent of the Illex DAH is harvested. The closure of the directed fishery shall be in effect for
the remainder of that fishing period, with incidental catches allowed as specified at § 648.26.
(b) Atlantic Mackerel AMs —
(1) Atlantic mackerel commercial sector EEZ closure —
(i)

Unless otherwise determined in paragraph (b)(1)(ii) of this section, NMFS will close the
commercial Atlantic mackerel fishery, which includes vessels issued an open access or limited
access Atlantic mackerel permit, in the EEZ when the Regional Administrator projects that 80
percent of the Atlantic mackerel DAH is harvested. The closure of the commercial fishery shall
be in effect for the remainder of that fishing year, with incidental catches allowed, as specified
in § 648.26.

(ii) NMFS has the discretion to not implement measures outlined in paragraphs (b)(1)(i) of this
section during November and December if the Regional Administrator projects that commercial
Atlantic mackerel landings will not exceed the DAH during the remainder of the fishing year.
(2) Atlantic mackerel commercial landings overage repayment. If the Atlantic mackerel ACL is exceeded
and commercial fishery landings are responsible for the overage, then landings in excess of the DAH
will be deducted from the DAH the following year, as a single-year adjustment to the DAH.
(3) Non-landing AMs. In the event that the Atlantic mackerel ACL is exceeded, and that the overage has
not been accommodated through the landing-based AM described in paragraph (b)(2) of this
section, but is attributable to the commercial sector, then the exact amount, in pounds, by which the
commercial Atlantic mackerel ACT was exceeded will be deducted from the following year's
commercial Atlantic mackerel ACT, as a single-year adjustment.
(4) Atlantic mackerel recreational AMs. If the Atlantic mackerel ACL is exceeded and the recreational
fishery landings are responsible for the overage, then the following procedure will be followed:
(i)

If biomass is below the threshold, the stock is under rebuilding, or biological reference points are
unknown. If the most recent estimate of biomass is below the BMSY threshold (i.e., B/BMSY is
less than 0.5), the stock is under a rebuilding plan, or the biological reference points (B or BMSY)

50 CFR 648.24(b)(4)(i) (enhanced display)

page 197 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.24(b)(4)(ii)

are unknown, and the ACL has been exceeded, then the exact amount, in pounds, by which the
most recent year's recreational catch estimate caused the most recent year's ACL to be
exceeded will be deducted from the following year's recreational ACT, as a single-year
adjustment.
(ii) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. If
the most recent estimate of biomass is above the biomass threshold (B/BMSY is greater than
0.5), but below the biomass target (B/BMSY is less than 1.0), and the stock is not under a
rebuilding plan, then the following AMs will apply:
(A) If the ACL has been exceeded. If the ACL has been exceeded, then adjustments to the
recreational management measures, taking into account the performance of the
measures and conditions that precipitated the overage, will be made in the following
fishing year, or as soon as possible thereafter, once catch data are available, as a singleyear adjustment.
(B) If the ABC has been exceeded. If the ABC has been exceeded, then a single-year
adjustment to the following year's recreational ACT will be made, as described below. In
addition, adjustments to the recreational management measures, taking into account the
performance of the measures and conditions that precipitated the overage, will be made
in the following year.
(1) Adjustment to ACT. If an adjustment to the following year's ACT is required, then the
recreational ACT will be reduced by the exact amount, in pounds, of the product of
the recreational overage, defined as the difference between the recreational
contribution to the catch above the ACL, and the payback coefficient specified in
paragraph (b)(4)(ii)(B)(2) of this section.
(2) Payback coefficient. The payback coefficient is the difference between the most
recent estimates of BMSY and biomass (i.e., BMSY−B) divided by one-half of BMSY.
(iii) If biomass is above BMSY. If the most recent estimate of biomass is above BMSY (i.e., B/BMSY is
greater than 1.0), then adjustments to the recreational management measures, taking into
account the performance of the measures and conditions that precipitated the overage, will be
made in the following fishing year, or as soon as possible thereafter, once catch data are
available, as a single-year adjustment.
(5) Atlantic mackerel ACL overage evaluation. The Atlantic mackerel ACL will be evaluated based on a
single-year examination of total catch (landings and discards). Both landings and dead discards will
be evaluated in determining if the Atlantic mackerel ACL has been exceeded. NMFS shall make
determinations about overages and implement any changes to the Atlantic mackerel ACL, in
accordance with the Administrative Procedure Act, through notification in the FEDERAL REGISTER, by
May 15 of the fishing year in which the deductions will be made.
(6) River herring and shad catch cap. The river herring and shad cap on the Atlantic mackerel fishery
applies to all trips that land more than 20,000 lb (9.08 mt) of Atlantic mackerel. NMFS shall close the
limited access Atlantic mackerel fishery in the EEZ when the Regional Administrator projects that 95
percent of the river herring/shad catch cap has been harvested. Following closures of the limited
access Atlantic mackerel fishery, vessels must adhere to the possession restrictions specified in §
648.26.
(c) Butterfish AMs —
50 CFR 648.24(c) (enhanced display)

page 198 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.24(c)(1)

(1) Directed butterfish fishery closure. When the butterfish catch reaches the butterfish closure threshold
as determined in the annual specifications, NMFS shall implement a 5,000 lb (2,268 kg) possession
limit for vessels issued a butterfish moratorium permit that are fishing with a minimum mesh size of
3 inches (76 mm). When NMFS projects that the butterfish catch has reached the butterfish DAH, as
determined in the annual specifications, NMFS shall implement a 600 lb (272 kg) possession limit
for all vessels issued a longfin squid or butterfish moratorium permit, or a squid/butterfish incidental
catch permit.
(2) Butterfish ACL overage repayment. If the butterfish ACL is exceeded, then catch in excess of the ACL
will be deducted from the ACL the following year, as a single-year adjustment.
(3) Butterfish discard cap on the longfin squid fishery. NMFS shall close the directed fishery in the EEZ for
longfin squid when the Regional Administrator projects that 95 percent of each Trimester's butterfish
discard cap allocation has been harvested.
(4) Butterfish ACL overage evaluation. The ACL will be evaluated based on a single-year examination of
total catch (landings and discards). Both landings and dead discards will be evaluated in
determining if the ACL has been exceeded. NMFS shall make determinations about overages and
implement any changes to the ACL, in accordance with the Administrative Procedure Act, through
notification in the FEDERAL REGISTER, by May 15 of the fishing year in which the deductions will be
made.
(5) Butterfish allocation transfer. NMFS may transfer up to 50 percent of any unused butterfish allocation
from the butterfish DAH to the butterfish discard cap on the longfin squid fishery if the butterfish
catch in the longfin squid fishery is likely to result in a closure of the longfin squid fishery, and
provided the transfer does not increase the likelihood of closing the directed butterfish fishery. NMFS
may instead transfer up to 50 percent of the unused butterfish catch from the butterfish discard cap
allocation to the butterfish DAH if harvest of butterfish in the directed butterfish fishery is likely to
exceed the butterfish DAH, and provided the transfer of butterfish allocation from the butterfish
discard cap allocation does not increase the likelihood of closing the longfin squid fishery due to
harvest of the butterfish discard cap. NMFS would make this transfer on or about November 15 each
fishing year, in accordance with the Administrative Procedure Act.
(d) Notification. Upon determining that a closure or trip limit reduction is necessary, the Regional
Administrator will notify, in advance of the closure, the Executive Directors of the MAFMC, NEFMC, and
SAFMC; mail notification of the closure or trip limit reduction to all holders of Atlantic mackerel, Illex
squid, longfin squid, and butterfish fishery permits at least 72 hr before the effective date of the closure;
provide adequate notice of the closure or trip limit reduction to recreational participants in the fishery; and
publish notification of the closure or trip limit reduction in the FEDERAL REGISTER.
(e) Atlantic Chub Mackerel AMs —
(1) Commercial fishery closures.
(i)

When the Regional Administrator projects that 90 percent of the Atlantic chub mackerel TAL will
be landed, the Regional Administrator will reduce the Atlantic chub mackerel possession limit
as specified in § 648.26(e)(2)(i) through notification in the FEDERAL REGISTER.

(ii) When the Regional Administrator projects that 100 percent of the Atlantic chub mackerel TAL
will be landed, the Regional Administrator will reduce the Atlantic chub mackerel possession
limit as specified in § 648.26(e)(2)(ii) for the remainder of the fishing year (December 31)
through notification in the FEDERAL REGISTER.
50 CFR 648.24(e)(1)(ii) (enhanced display)

page 199 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.24(e)(2)

(2) Overage repayment. The Regional Administrator will evaluate both landings and dead discards in a
single year to determine if the Atlantic chub mackerel ACL specified in § 648.22(b)(5) has been
exceeded. If the Atlantic chub mackerel ACL has been exceeded, then catch in excess of the Atlantic
chub mackerel ACT will be deducted from the Atlantic chub mackerel ACT as soon as possible in a
following year as a single-year adjustment to the ACT. The Regional Administrator shall implement
any changes to the Atlantic chub mackerel ACT through notification in the FEDERAL REGISTER in
accordance with the Administrative Procedure Act.
(3) Transiting. Any vessel issued a valid commercial Atlantic mackerel, Illex squid, longfin squid, or
butterfish permit in accordance with § 648.4 may transit the Atlantic Chub Mackerel Management
Unit with an amount of Atlantic chub mackerel on board that exceeds the possession limits specified
in this section to land in a port that is within the Atlantic Chub Mackerel Management Unit, provided
that all Atlantic chub mackerel was harvested outside of the Atlantic Chub Mackerel Management
Unit and that all gear is stowed and not available for immediate use as defined in § 648.2.
[76 FR 60619, Sept. 29, 2011, as amended at 76 FR 68656, Nov. 7, 2011; 77 FR 16480, Mar. 21, 2012; 77 FR 3354, Jan. 16, 2013; 78
FR 76762, Dec. 19, 2013; 79 FR 18843, Apr. 4, 2014; 79 FR 18481, Apr. 2, 2014; 80 FR 14874, Mar. 20, 2015; 80 FR 48248, Aug. 12,
2015; 83 FR 65314, Dec. 20, 2018; 83 FR 64268, Dec. 14, 2018; 84 FR 58058, Oct. 30, 2019; 85 FR 47115, Aug. 4, 2020; 86 FR
38588, July 22, 2021; 87 FR 48448, Aug. 9, 2022; 88 FR 6670, Feb. 1, 2023; 88 FR 48392, July 27, 2023; 89 FR 25821, Apr. 12, 2024;
90 FR 45677, Sept. 23, 2025]

§ 648.25 Mackerel, squid, and butterfish framework adjustments to management measures.
(a) Within season management action. The MAFMC may, at any time, initiate action to add or adjust
management measures within the Mackerel, Squid, and Butterfish FMP if it finds that action is necessary
to meet or be consistent with the goals and objectives of the FMP. However, any changes to Atlantic chub
mackerel measures contained in this part 648 must be made through an amendment to the FMP and
cannot be conducted through a framework adjustment.
(1) Adjustment process. The MAFMC shall develop and analyze appropriate management actions over
the span of at least two MAFMC meetings. The MAFMC must provide the public with advance notice
of the availability of the recommendation(s), appropriate justification(s) and economic and
biological analyses, and the opportunity to comment on the proposed adjustment(s) at the first
meeting and prior to and at the second MAFMC meeting. The MAFMC's recommendations on
adjustments or additions to management measures must come from one or more of the following
categories:
(i)

Adjustments within existing ABC control rule levels;

(ii) Adjustments to the existing MAFMC risk policy;
(iii) Introduction of new AMs, including sub-ACTs;
(iv) Minimum and maximum fish size;
(v) Gear restrictions, gear requirements or prohibitions;
(vi) Permitting restrictions;
(vii) Recreational possession limit, recreational seasons, and recreational harvest limit;
(viii) Closed areas;

50 CFR 648.25(a)(1)(viii) (enhanced display)

page 200 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.25(a)(1)(ix)

(ix) Commercial seasons, commercial trip limits, commercial quota system, including commercial
quota allocation procedure and possible quota set-asides to mitigate bycatch;
(x) Annual specification quota setting process;
(xi) FMP Monitoring Committee composition and process;
(xii) Description and identification of EFH (and fishing gear management measures that impact
EFH);
(xiii) Description and identification of habitat areas of particular concern;
(xiv) Overfishing definition and related thresholds and targets;
(xv) Regional gear restrictions, regional season restrictions (including option to split seasons),
regional management;
(xvi) Restrictions on vessel size (LOA and GRT) or shaft horsepower;
(xvii) 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;
(xviii) Set aside quota for scientific research;
(xix) Process for inseason adjustment to the annual specification;
(xx) Mortality caps for river herring and shad species, time/area management for river herring and
shad species, and provisions for river herring and shad incidental catch avoidance program,
including adjustments to the mechanism and process for tracking fleet activity, reporting
incidental catch events, compiling data, and notifying the fleet of changes to the area(s);
(xxi) The definition/duration of `test tows,' if test tows would be utilized to determine the extent of
river herring incidental catch in a particular area(s);
(xxii) The threshold for river herring incidental catch that would trigger the need for vessels to be
alerted and move out of the area(s), the distance that vessels would be required to move from
the area(s), and the time that vessels would be required to remain out of the area(s);
(xxiii) Modifications to the broad and discrete deep-sea coral zone boundaries and the addition of
discrete deep-sea coral zones;
(xxiv) Modifications to the management measures within the Frank R. Lautenberg Deep-sea Coral
Protection Area and implementation of special access programs to the Frank R. Lautenberg
Deep-sea Coral Protection Area; and
(xxv) Any other management measures currently included in the FMP.
(2) Measures contained within this list that require significant departures from previously contemplated
measures or that are otherwise introducing new concepts may require amendment of the FMP
instead of a framework adjustment.
(3) MAFMC recommendation. After developing management actions and receiving public testimony, the
MAFMC shall make a recommendation to the Regional Administrator. The MAFMC's
recommendation must include supporting rationale, if management measures are recommended, an
analysis of impacts, and a recommendation to the Regional Administrator on whether to issue the
50 CFR 648.25(a)(3) (enhanced display)

page 201 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.25(a)(3)(i)

management measures as a final rule. If the MAFMC recommends that the management measures
should be issued as a final rule, the MAFMC 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 the regulations would 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 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 following their
implementation as a final rule.
(4) NMFS action. If the MAFMC's recommendation includes adjustments or additions to management
measures and, after reviewing the MAFMC's recommendation and supporting information:
(i)

If NMFS concurs with the MAFMC'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 (a)(3) of this section, the measures will be issued as a final rule in the
FEDERAL REGISTER.

(ii) If NMFS concurs with the MAFMC's recommended management measures 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 NMFS concurs with the MAFMC recommendation, the measures will be issued as
a final rule in the FEDERAL REGISTER.
(iii) If NMFS does not concur, the MAFMC will be notified in writing of the reasons for the nonconcurrence.
(5) Emergency actions. Nothing in this section is meant to derogate from the authority of the Secretary
to take emergency action under section 305(e) of the Magnuson-Stevens Act.
(b) [Reserved]
[76 FR 60620, Sept. 29, 2011, as amended at 76 FR 68656, Nov. 7, 2011; 76 FR 81848, Dec. 29, 2011; 79 FR 10048, Feb. 24, 2014;
80 FR 37194, June 30, 2015; 81 FR 90250, Dec. 14, 2016; 83 FR 64268, Dec. 14, 2018; 85 FR 47116, Aug. 4, 2020; 86 FR 38588,
July 22, 2021]

§ 648.26 Mackerel, squid, and butterfish possession restrictions.
(a) Atlantic mackerel —
(1) Initial commercial possession limits. A vessel must be issued a valid limited access Atlantic mackerel
permit to fish for, possess, or land more than 5,000 lb (2.27 mt) of Atlantic mackerel in or harvested
from the EEZ per trip, provided the fishery has not been closed as specified in § 648.24(b)(1).

50 CFR 648.26(a)(1) (enhanced display)

page 202 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.26(a)(1)(i)

A vessel issued a Tier 1, 2, or 3 limited access mackerel permit is authorized to fish for,
possess, or land up to 20,000 lb (9.098 mt) of Atlantic mackerel in or harvested from the EEZ
per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the
24-hr period beginning at 0001 hours and ending at 2400 hours, provided that the fishery has
not been closed because of a commercial fishery closure, as specified in § 648.24(b)(1).

(ii) A vessel issued an open access Atlantic mackerel permit may fish for, possess, or land up to
5,000 lb (2.27 mt) of Atlantic mackerel in or harvested from the EEZ per trip, and may only land
Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at
0001 hours and ending at 2400 hours, provided that the fishery has not been closed because of
a commercial fishery closure as specified in § 648.24(b)(1).
(iii) Both vessels involved in a pair trawl operation must be issued a valid Atlantic mackerel permit
to fish for possess, or land Atlantic mackerel in the EEZ. Both vessels must be issued the
Atlantic mackerel permit appropriate for the amount of Atlantic mackerel jointly possessed by
both of the vessels participating in the pair trawl operation.
(2) Atlantic mackerel closure possession restrictions. Any Atlantic mackerel possession restrictions
implemented under paragraph (a)(2) of this section will remain in place for the rest of the fishing
year, unless further restricted by a subsequent action. If the entire commercial Atlantic mackerel
fishery is closed due to harvesting the river herring/shad catch cap, as specified in § 648.24(b)(6)
before a commercial fishery closure, then the Atlantic mackerel possession restrictions specified in
§ 648.26(a)(2)(iii) shall remain in place for the rest of the fishing year.
(i)

Limited Access Fishery. During a closure of the commercial Atlantic mackerel fishery pursuant
to § 648.24(b)(1)(i), when 80 percent of the DAH is harvested, vessels issued a Tier 1, 2, or 3
limited access Atlantic mackerel permit, may not take and retain, possess, or land more than
10,000 lb (4.54 mt) of Atlantic mackerel per trip at any time, and may only land Atlantic
mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001
hours and ending at 2400 hours.

(ii) Open Access Fishery. During a closure of the Atlantic mackerel commercial sector pursuant to §
648.24(b)(1)(i), when 80 percent of the DAH is harvested, vessels issued an open access
Atlantic mackerel permit may not take and retain, possess, or land more than 2,500 lb (1.13 mt)
of Atlantic mackerel per trip at any time, and may only land Atlantic mackerel once on any
calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400
hours.
(iii) River herring/shad catch cap closure. During a closure of the limited access commercial Atlantic
mackerel fishery pursuant to § 648.24(b)(6), when 95 percent of the river herring/shad catch
cap has been harvested, vessels issued an open or limited access Atlantic mackerel permit
may not take and retain, possess, or land more than 20,000 lb (9.08 mt) of Atlantic mackerel
per trip at any time, and may only land once on any calendar day, which is defined as the 24-hr
period beginning at 0001 hours and ending at 2400 hours.
(3) Recreational possession limits. The recreational Atlantic mackerel possession limit for charter/party
and private recreational anglers is 20 Atlantic mackerel per person per trip, including for-hire crew.
(b) Longfin squid —

50 CFR 648.26(b) (enhanced display)

page 203 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.26(b)(1)

(1) Directed fishery. A vessel must be issued a valid longfin squid moratorium permit to fish for, possess,
or land more than 250 lb (113 kg) of longfin squid from or in the EEZ per trip. Unless the directed
fishery is closed pursuant to paragraph § 648.24(a)(1), the following longfin squid possession limits
apply:
(i)

Tier 1 moratorium permits. A vessel issued a Tier 1 longfin squid moratorium permit may
possess an unlimited amount of longfin squid per trip.

(ii) Tier 2 moratorium permits. A vessel issued a Tier 2 longfin squid moratorium permit may not
fish for, possess, or land more than 5,000 lb (2,268 kg) of longfin squid per trip, and may only
land longfin squid once on any calendar day.
(iii) Tier 3 moratorium permits. A vessel issued a Tier 3 longfin squid moratorium permit may not
fish for, possess, or land more than 2,500 lb (1,134 kg) of longfin squid per trip, and may only
land longfin squid once on any calendar day.
(2) Incidental fishery.
(i)

A vessel issued an open access squid/butterfish incidental catch permit may not fish for,
possess, or land more than 250 lb (113 kg) of longfin squid from or in the EEZ per trip, and may
only land longfin squid once on any calendar day.

(ii) During a closure of the directed longfin squid fishery in either Trimester I or III pursuant to
paragraph § 648.24(a)(1), a vessel may not fish for, possess, or land more than 2,500 lb (1,134
kg) of longfin squid at any time per trip, and may only land longfin squid once on any calendar
day.
(iii) Unless otherwise specified in paragraph (b)(2)(iv) of this section, during a closure of the
directed longfin squid fishery in Trimester II pursuant to § 648.24(a)(1), a vessel may not fish
for, possess, or land more than 250 lb (113 kg) of longfin squid at any time per trip, and may
only land longfin squid once on any calendar day.
(iv) During a closure of the directed longfin squid fishery in Trimester II, a vessel issued either a Tier
1 or Tier 2 longfin squid moratorium permit may possess more than 250 lb (113 kg) of longfin
squid per trip, provided the following conditions are met:
(A) The vessel operator has declared into the directed Illex squid fishery via VMS, as specified
in § 648.10;
(B) The vessel is seaward of the coordinates specified at § 648.23(a)(5);
(C) The vessel possesses more than 10,000 lb (4,536 kg) of Illex squid on board;
(D) The vessel possesses less than 15,000 lb (6,803 kg) of longfin squid if issued a Tier 1
longfin squid moratorium permit or 5,000 lb (2,268 kg) of longfin squid if issued a Tier 2
longfin squid moratorium permit; and
(E) All fishing gear is stowed and rendered not available for immediate use, as defined in §
648.2, once the vessel is landward of the coordinates specified at § 648.23(a)(5).
(c) Illex squid —

50 CFR 648.26(c) (enhanced display)

page 204 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.26(c)(1)

(1) Directed fishery. A vessel must be issued a valid Illex squid moratorium permit to fish for, possess, or
land more than 10,000 lb (4,536 kg) of Illex squid from or in the EEZ per trip. Unless the directed
fishery is closed pursuant to § 648.24(a)(2), a vessel issued an Illex moratorium permit may possess
an unlimited amount of Illex squid per trip.
(2) Incidental fishery. A vessel may not fish for, possess, or land more than 10,000 lb (4,536 kg) of Illex
squid per trip at any time, and may only land Illex squid once on any calendar day if:
(i)

A vessel is issued an open access squid/butterfish incidental catch permit; or

(ii) A vessel is issued an Illex moratorium permit and the directed fishery is closed pursuant to §
648.24(a)(2).
(d) Butterfish. Any vessel issued a butterfish permit under this part may only land butterfish once on any
calendar day.
(1) Directed fishery. A vessel must be issued a butterfish moratorium permit to fish for, possess, or land
more than 600 lb (272 kg) of butterfish per trip.
(i)

Vessels fishing with larger mesh. A vessel issued a butterfish moratorium permit fishing with a
minimum mesh size of 3 inches (76 mm) is authorized to fish for, possess, or land butterfish
with no possession restriction in the EEZ per trip, provided that directed butterfish fishery has
not been closed and the reduced possession limit has not been implemented, as specified in §
648.24(c)(1). When butterfish harvest is projected to reach the threshold for the butterfish
fishery, as specified in § 648.24(c)(1), these vessels may not fish for, possess, or land more
than 5,000 lb (2,268 kg) of butterfish per trip at any time. When butterfish harvest is projected
to reach the DAH limit, as specified in § 648.24(c)(1), these vessels may not fish for, possess,
or land more than 600 lb (272 kg) of butterfish per trip at any time.

(ii) Vessels fishing with smaller mesh. A vessel issued a butterfish moratorium permit fishing with
mesh less than 3 inches (76 mm) may not fish for, possess, or land more than 5,000 lb (2,268
kg) of butterfish per trip at any time, provided that butterfish harvest has not reached the DAH
limit and the reduced possession limit has not been implemented, as described in §
648.24(c)(1). When butterfish harvest is projected to reach the DAH limit, as described in §
648.24(c)(1), these vessels may not fish for, possess, or land more than 600 lb (272 kg) of
butterfish per trip at any time.
(2) Incidental fishery. A vessel issued a squid/butterfish incidental catch permit, regardless of mesh size
used, may not fish for, possess, or land more than 600 lb (272 kg) of butterfish per trip at any.
(e) Atlantic chub mackerel. A vessel must be issued a valid Atlantic mackerel, Illex squid, longfin squid, or
butterfish permit to fish for, possess, or land any Atlantic chub mackerel from or in the Atlantic Chub
Mackerel Management Unit within the EEZ per trip. A vessel not issued a valid Atlantic mackerel, Illex
squid, longfin squid, or butterfish permit in accordance with § 648.4 that is fishing exclusively in state
waters or in the EEZ outside of the Atlantic Chub Mackerel Management Unit is exempt from the
possession limits specified in this section.
(1) Initial commercial possession limits. A vessel issued a valid commercial Atlantic mackerel, Illex
squid, longfin squid, or butterfish permit is authorized to fish for, possess, and land an unlimited
amount of Atlantic chub mackerel per trip from the EEZ portion of the Atlantic Chub Mackerel
Management Unit, provided that the fishery has not been closed, as specified in § 648.24(e)(1).

50 CFR 648.26(e)(1) (enhanced display)

page 205 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.26(e)(2)

(2) Commercial fishery closure possession limits. Once the commercial fishery is closed in accordance
with § 648.24(e)(1), the possession limits specified in this paragraph (e)(2) will apply. A vessel not
issued a Federal commercial Atlantic mackerel, Illex squid, longfin squid, or butterfish permit in
accordance with § 648.4 that fished exclusively in state waters or a vessel that fished in Federal
waters outside of the Atlantic Chub Mackerel Management Unit that is transiting the area with gear
that is stowed and not available for immediate use is exempt from the possession limits specified in
this paragraph (e)(2).
(i)

When the Regional Administrator projects that 90 percent of the commercial Atlantic chub
mackerel TAL has been landed, a vessel issued a commercial Atlantic mackerel, Illex squid,
longfin squid, or butterfish permit may not fish for, possess, or land more than 40,000 lb (18.14
mt) of Atlantic chub mackerel at any time per trip in the EEZ portion of the Atlantic Chub
Mackerel Management Unit.

(ii) When the Regional Administrator projects that 100 percent of the commercial Atlantic chub
mackerel TAL has been landed, a vessel issued a commercial Atlantic mackerel, Illex squid,
longfin squid, or butterfish permit fish for, possess, or land more than 10,000 lb (4.54 mt) of
Atlantic chub mackerel at any time per trip in the EEZ portion of the Atlantic Chub Mackerel
Management Unit.
[76 FR 60621, Sept. 29, 2011, as amended at 76 FR 68656, Nov. 7, 2011; 77 FR 16480, Mar. 21, 2012; 77 FR 23636, Apr. 20, 2012;
78 FR 3354, Jan. 16, 2013; 79 FR 18843, Apr. 4, 2014; 80 FR 14875, Mar. 20, 2015; 81 FR 24509, Apr. 26, 2016; 83 FR 64268, Dec.
14, 2018; 83 FR 65315, Dec. 20, 2018; 84 FR 58059, Oct. 30, 2019; 85 FR 47116, Aug. 4, 2020; 88 FR 6670, Feb. 1, 2023; 88 FR
70910, Oct. 13, 2023; 89 FR 25821, Apr. 12, 2024]

Subpart C—Management Measures for Atlantic Salmon
§ 648.40 Prohibition on possession.
(a) Incidental catch. All Atlantic salmon caught incidental to a directed fishery for other species in the EEZ
must be released in such a manner as to insure maximum probability of survival.
(b) Presumption. The possession of Atlantic salmon is prima facie evidence that such Atlantic salmon were
taken in violation of this regulation. Evidence that such fish were harvested in state waters, or from
foreign waters, or from aquaculture enterprises, will be sufficient to rebut the presumption. This
presumption does not apply to fish being sorted on deck.

§ 648.41 Framework specifications.
(a) Within season management action. The New England Fishery Management Council (NEFMC) may, at any
time, initiate action to implement, add to or adjust Atlantic salmon management measures to:
(1) Allow for Atlantic salmon aquaculture projects in the EEZ, provided such an action is consistent with
the goals and objectives of the Atlantic Salmon FMP; and
(2) Make 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 seaday allocations, reports, and/or industry-funded observers or observer set aside programs.
(b) Framework process. After initiation of an action to implement, add to or adjust an Atlantic salmon
management measure to allow for an Atlantic salmon aquaculture project in the EEZ, the NEFMC shall
develop and analyze Atlantic salmon management measures to allow for Atlantic salmon aquaculture
50 CFR 648.41(b) (enhanced display)

page 206 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.41(c)

projects in the EEZ over the span of at least two NEFMC meetings. The NEFMC 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 and at the second NEFMC meeting. The NEFMC's recommendation on aquaculture
management measures must come from one or more of the following categories: minimum fish sizes,
gear restrictions, minimum mesh sizes, possession limits, tagging requirements, monitoring
requirements, reporting requirements, permit restrictions, area closures, establishment of special
management areas or zones and any other management measures currently included in the FMP.
(c) NEFMC recommendation. After developing Atlantic salmon management measures and receiving public
testimony, the NEFMC shall make a recommendation to NMFS. The NEFMC's recommendation must
include supporting rationale and, if management measures are recommended, an analysis of impacts and
a recommendation to NMFS on whether to issue the management measures as a final rule. If NMFS
concurs with the NEFMC's recommendation to issue the management measures as a final rule, the
NEFMC must consider at least the following factors and provide support and analysis for each factor
considered:
(1) 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.
(2) Whether there has been adequate notice and opportunity for participation by the public and
members of the affected industry in the development of the NEFMC's recommended management
measures.
(3) Whether there is an immediate need to protect the resource.
(4) Whether there will be a continuing evaluation of measures adopted following their implementation as
a final rule.
(d) NMFS action. If the NEFMC's recommendation includes implementation of management measures and,
after reviewing the NEFMC's recommendation and supporting information:
(1) NMFS concurs with the NEFMC's recommended management measures and determines that the
recommended measures should be issued as a final rule based on the factors specified in paragraph
(c)(1) through (4) of this section, the measures will be issued as a final rule in the FEDERAL REGISTER.
(2) NMFS concurs with the NEFMC'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 NMFS concurs with
the NEFMC recommendation, the measures will be issued as a final rule in the FEDERAL REGISTER.
(3) NMFS does not concur, the NEFMC will be notified in writing of the reasons for the non-concurrence.
(e) Emergency action. Nothing in this section is meant to derogate from the authority of the Secretary to take
emergency action under section 305(e) of the Magnuson-Stevens Act.
[64 FR 40520, July 27, 1999, as amended at 80 FR 37194, June 30, 2015]

Subpart D—Management Measures for the Atlantic Sea Scallop Fishery
Source: 69 FR 35215, June 23, 2004, unless otherwise noted.

50 CFR 648.41(e) (enhanced display)

page 207 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.50

§ 648.50 Shell-height standard.
(a) Minimum shell height. The minimum shell height for in-shell scallops that may be landed, or possessed at
or after landing, is 3.5 inches (8.9 cm). Shell height is a straight line measurement from the hinge to the
part of the shell that is farthest away from the hinge.
(b) Compliance and sampling. Any time at landing or after, including when the scallops are received or
possessed by a dealer or person acting in the capacity of a dealer, compliance with the minimum shellheight standard shall be determined as follows: Samples of 40 scallops each shall be taken at random
from the total amount of scallops in possession. The person in possession of the scallops may request
that as many as 10 sample groups (400 scallops) be examined. A sample group fails to comply with the
standard if more than 10 percent of all scallops sampled are shorter than the shell height specified. The
total amount of scallops in possession shall be deemed in violation of this subpart and subject to
forfeiture, if the sample group fails to comply with the minimum standard.

§ 648.51 Gear and crew restrictions.
(a) Trawl vessel gear restrictions. Trawl vessels issued a limited access scallop permit under § 648.4(a)(2)
while fishing under or subject to the DAS allocation program for scallops and authorized to fish with or
possess on board trawl nets pursuant to § 648.51(f), any trawl vessels in possession of more than 40 lb
(18.14 kg) of shucked, or 333 lb (151 kg) of in-shell scallops in or from the EEZ, and any trawl vessels
fishing for scallops in the EEZ, must comply with the following:
(1) Maximum sweep. The trawl sweep of nets shall not exceed 144 ft (43.9 m), as measured by the total
length of the footrope that is directly attached to the webbing, unless the net is stowed and not
available for immediate use, defined in § 648.2, or unless the vessel is fishing under the Northeast
multispecies or monkfish DAS programs.
(2) Net requirements —
(i)

Minimum mesh size. Subject to applicable minimum mesh size restrictions for other fisheries
as specified under this part, the mesh size for any scallop trawl net in all areas shall not be
smaller than 5.5 inches (13.97 cm).

(ii) Measurement of mesh size. Mesh size is measured by using 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). The mesh size is the average of the measurements of any series
of 20 consecutive meshes for nets having 75 or more meshes, and 10 consecutive meshes for
nets having fewer than 75 meshes when using either the Omega gauge or the wedge-shaped
gauge. The mesh in the regulated portion of the net is measured at least five meshes away
from the lacings running parallel to the long axis of the net.
(3) Chafing gear and other gear obstructions —

50 CFR 648.51(a)(3) (enhanced display)

page 208 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.51(a)(3)(i)

Net obstruction or constriction. A fishing vessel may not use 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 inches (7.62 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 (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 (a)(3), head ropes shall not be considered part of the top of the trawl net.

(ii) Mesh obstruction or constriction. A fishing vessel may not use any mesh configuration, mesh
construction, or other means on or in the top of the net, as defined in paragraph (a)(3)(i) of this
section, if it obstructs the meshes of the net in any manner.
(iii) A fishing vessel may not use or possess a net capable of catching scallops in which the bars
entering or exiting the knots twist around each other.
(b) Dredge vessel gear restrictions. All vessels issued limited access and General Category scallop permits
and fishing with scallop dredges, with the exception of hydraulic clam dredges and mahogany quahog
dredges in possession of 600 lb (181.44 kg), or less, of scallops, must comply with the following
restrictions, unless otherwise specified:
(1) Maximum dredge width. The combined dredge width in use by or in possession on board such
vessels shall not exceed 31 ft (9.4 m), measured at the widest point in the bail of the dredge, except
as provided under paragraph (e) of this section, in § 648.59(g)(2), and the scallop dredge exemption
areas specified in § 648.80(h). However, component parts may be on board the vessel such that they
do not conform with the definition of “dredge or dredge gear” in § 648.2, i.e., the metal ring bag and
the mouth frame, or bail, of the dredge are not attached, and such that no more than one complete
spare dredge could be made from these component's parts.
(2) Minimum mesh size. The mesh size of a net, net material, or any other material on the top of a
scallop dredge (twine top) possessed or used by vessels fishing with scallop dredge gear shall not
be smaller than 10-inch (25.4-cm) square or diamond mesh.
(3) Minimum ring size.
(i)

Unless otherwise required under the Sea Scallop Area Access program specified in §
648.59(b)(6), the ring size used in a scallop dredge possessed or used by scallop vessels shall
not be smaller than 4 inches (10.2 cm).

(ii) Ring size is determined by measuring the shortest straight line passing through the center of
the ring from one inside edge to the opposite inside edge of the ring. The measurement shall
not include normal welds from ring manufacturing or links. The rings to be measured will be at
least five rings away from the mouth, and at least two rings away from other rigid portions of
the dredge.
(4) Chafing gear and other gear obstructions —
(i)

Chafing gear restrictions. No chafing gear or cookies shall be used on the top of a scallop
dredge.

(ii) Link restrictions. No more than double links between rings shall be used in or on all parts of the
dredge bag, except the dredge bottom. No more than triple linking shall be used in or on the
dredge bottom portion and the diamonds. Damaged links that are connected to only one ring,
50 CFR 648.51(b)(4)(ii) (enhanced display)

page 209 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.51(b)(4)(iii)

i.e., “hangers,” are allowed, unless they occur between two links that both couple the same two
rings. Dredge rings may not be attached via links to more than four adjacent rings. Thus, dredge
rings must be rigged in a configuration such that, when a series of adjacent rings are held
horizontally, the neighboring rings form a pattern of horizontal rows and vertical columns. A
copy of a diagram showing a schematic of a legal dredge ring pattern is available from the
Regional Administrator upon request.
(iii) Dredge or net obstructions. No material, device, net, dredge, ring, or link configuration or design
shall be used if it results in obstructing the release of scallops that would have passed through
a legal sized and configured net and dredge, as described in this part, that did not have in use
any such material, device, net, dredge, ring link configuration or design.
(iv) Twine top restrictions as a proactive accountability measure for bycatch. In addition to the
minimum twine top mesh size specified in paragraph (b)(2) of this section, limited access and
limited access general category IFQ vessels may not fish for scallops with a dredge having
more than seven rows of non-overlapping steel rings unobstructed by netting or any other
material between the terminus of the dredge (club stick) and the net material on the top of the
dredge (twine top) (a copy of a diagram showing a schematic of a legal dredge with twine top
is available from the Regional Administrator upon request).
(v) Measurement of twine top mesh size. Twine top mesh size is measured by using 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 8 kg (17.64 lb). The mesh
size is the average of the measurements of any series of 20 consecutive meshes for twine tops
having 75 or more meshes, and 10 consecutive meshes for twine tops having fewer than 75
meshes when using either the Omega gauge or the wedge-shaped gauge. The mesh in the
twine top must be measured along the length of the twine top, running parallel to a longitudinal
axis, and be at least five meshes away from where the twine top mesh meets the rings, running
parallel to the long axis of the twine top.
(5) Restrictions applicable to sea scallop dredges in the mid-Atlantic —
(i)

Requirement to use chain mats. See § 223.206(d)(11) of this chapter for chain mat
requirements for scallop dredges.

(ii) Requirement to use a turtle deflector dredge (TDD) frame —
(A) From May 1 through November 30, any limited access scallop vessel using a dredge,
regardless of dredge size or vessel permit category, or any LAGC IFQ scallop vessel
fishing with a dredge with a width of 10.5 ft (3.2 m) or greater, that is fishing for scallops
in waters west of 71° W. long., from the shoreline to the outer boundary of the EEZ, must
use a TDD. The TDD requires five modifications to the rigid dredge frame, as specified in
paragraphs (b)(5)(ii)(A)(1) through (5) of this section. See paragraph (b)(5)(ii)(D) of this
section for more specific descriptions of the dredge elements mentioned below.
(1) The cutting bar must be located in front of the depressor plate.

50 CFR 648.51(b)(5)(ii)(A)(1) (enhanced display)

page 210 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.51(b)(5)(ii)(A)(2)

(2) The acute angle between the plane of the bale and the strut must be less than or
equal to 45 degrees.
(3) All bale bars must be removed, except the outer bale (single or double) bars and the
center support beam, leaving an otherwise unobstructed space between the cutting
bar and forward bale wheels, if present. The center support beam must be less than
6 inches (15.24 cm) wide. For the purpose of flaring and safe handling of the dredge,
a minor appendage not to exceed 12 inches (30.5 cm) in length may be attached to
each of the outer bale bars. If the flaring bar is attached in a u-shape, none of the
three sides of the flaring bar shall exceed 12 inches (30.5 cm) in length. The
appendage shall at no point be closer than 12 inches (30.5 cm) to the cutting bar.
(4) Struts must be spaced 12 inches (30.5 cm) apart or less from each other, along the
entire length of the frame.
(5) Unless exempted, as specified in paragraph (b)(5)(ii)(B) of this section, the TDD must
include a straight extension (“bump out”) connecting the outer bale bars to the
dredge frame. This “bump out” must exceed 12 inches (30.5 cm) in length, as
measured along the inside of the bale bar from the front of the cutting bar to the first
bend in the bale bar.
(B) A limited access scallop vessel that uses a dredge with a width less than 10.5 ft (3.2 m) is
required to use a TDD, except that such a vessel is exempt from the “bump out”
requirement specified in paragraph (b)(5)(ii)(A)(5) of this section. This exemption does not
apply to LAGC vessels that use dredges with a width of less than 10.5 ft (3.2 m), because
such vessels are exempted from the requirement to use a TDD, as specified in paragraph
(b)(5)(ii) of this section.
(C) A vessels subject to the requirements in paragraph (b)(5)(ii) of this section transiting
waters west of 71° W. long., from the shoreline to the outer boundary of the EEZ, is
exempted from the requirement to only possess and use TDDs, provided the dredge gear
is stowed and not available for immediate use as defined in § 648.2.
(D) TDD-related definitions.
(1) The cutting bar refers to the lowermost horizontal bar connecting the outer bails at
the dredge frame.
(2) The depressor plate, also known as the pressure plate, is the angled piece of steel
welded along the length of the top of the dredge frame.
(3) The struts are the metal bars connecting the cutting bar and the depressor plate.
(c) Crew restrictions. A limited access vessel participating in or subject to the scallop DAS allocation program
may have no more than seven people aboard, including the operator, and a limited access vessel
participating in the Sea Scallop Area Access Program as specified in § 648.59 may have no more than
eight people aboard, including the operator, when not docked or moored in port, except as follows:
(1) A vessel fishing in the Nantucket Lightship-South-Deep Access Area, as described in § 648.60(e),
may have no more than 10 people aboard, including the operator, when not docked or moored in
port.

50 CFR 648.51(c)(1) (enhanced display)

page 211 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.51(c)(2)

(2) A vessel participating in the small dredge program is restricted as specified in paragraph (e) of this
section.
(3) The Regional Administrator may authorize additional people to be on board through issuance of a
letter of authorization.
(4) An at-sea observer is on board, as required by § 648.11(k).
(d) Sorting and shucking machines.
(1) Shucking machines are prohibited on all limited access vessels fishing under the scallop DAS
program, or any vessel in possession of more than 600 lb (272.2 kg) of scallops, unless the vessel
has not been issued a limited access scallop permit and fishes exclusively in state waters.
(2) Sorting machines are prohibited on limited access vessels fishing under the scallop DAS program.
(e) Small dredge program restrictions. Any vessel owner whose vessel is assigned to either the part-time or
Occasional category may request, in the application for the vessel's annual permit, to be placed in one
category higher. Vessel owners making such request may be placed in the appropriate higher category for
the entire year, if they agree to comply with the following restrictions, in addition to, and notwithstanding
other restrictions of this part, when fishing under the DAS program described in § 648.53:
(1) The vessel must fish exclusively with one dredge no more than 10.5 ft (3.2 m) in width.
(2) The vessel may not use or have more than one dredge on board. However, component parts may be
on board the vessel such that they do not conform with the definition of “dredge or dredge gear” in §
648.2, i.e., the metal ring bag and the mouth frame, or bail, of the dredge are not attached, and no
more than one complete spare dredge could be made from these component's parts.
(3) The vessel may have no more than five people, including the operator, on board, except as follows:
(i)

A vessel participating in the Sea Scallop Area Access Program as specified in § 648.60 may
have no more than six people, including the operator, on board.

(ii) The Regional Administrator may authorize additional people to be on board through issuance of
a letter of authorization.
(iii) An at-sea observer is on board, as required by § 648.11(k).
(iv) A vessel fishing in the Nantucket Lightship-South-Deep Access Area, as described in §
648.60(e), may have no more than 8 people aboard, including the operator, when not docked or
moored in port.
(f) Restrictions on the use of trawl nets. —
(1) Restrictions. A vessel issued a limited access scallop permit fishing for scallops under the scallop
DAS allocation program may not fish with, possess on board, or land scallops while in possession of
a trawl net, unless such vessel has been issued a limited access trawl vessel permit that endorses
the vessel to fish for scallops with a trawl net. A limited access scallop vessel issued a trawl vessel
permit that endorses the vessel to fish for scallops with a trawl net and general category scallop
vessels enrolled in the Area Access Program as specified in § 648.59, may not fish for scallops with
a trawl net in the Area II Rotational Area specified in § 648.60(b).

50 CFR 648.51(f)(1) (enhanced display)

page 212 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.51(f)(2)

(2) Replacement vessels. A vessel that is replacing a vessel authorized to use trawl nets to fish for
scallops under scallop DAS may also be authorized to use trawl nets to fish for scallops under
scallop DAS if it meets the following criteria:
(i)

Has not fished for scallops with a scallop dredge after December 31, 1987; or

(ii) Has fished for scallops with a scallop dredge on no more than 10 trips from January 1, 1988,
through December 31, 1994, has an engine horsepower no greater than 450.
[69 FR 35215, June 23, 2004]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.51, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.52 Possession and landing limits.
(a) IFQ trips —
(1) Open area trips. A vessel issued an IFQ scallop permit that is declared into the IFQ scallop fishery in
the open area, as specified in § 648.10(f), or on a properly declared NE multispecies, surfclam, or
ocean quahog trip (or other fishery requiring a VMS declaration) and not fishing in a scallop access
area, unless as specified in paragraph (g) of this section or exempted under the state waters
exemption program described in § 648.54, may not possess or land, per trip, more than 600 lb (272
kg) of shucked scallops, or possess more than 4,998 lb (2,267 kg) of in-shell scallops shoreward of
the VMS Demarcation Line. Such a vessel may land scallops only once in any calendar day. Such a
vessel may possess up to 6,664 lb (3,023 kg) of in-shell scallops seaward of the VMS Demarcation
Line on a properly declared IFQ scallop trip, or on a properly declared NE multispecies, surfclam, or
ocean quahog trip, or other fishery requiring a VMS declaration, and not fishing in a scallop access
area.
(2) Access area trips. A vessel issued an IFQ scallop permit that is declared into the IFQ Scallop Access
Area Program, as specified in § 648.10(f), may not possess or land, per trip, more than 800 lb (363
kg) of shucked scallops, or possess more than 6,664 lb (3,023 kg) of in-shell scallops shoreward of
the VMS Demarcation Line. Such a vessel may land scallops only once in any calendar day. Such a
vessel may possess up to 6,664 lb (3,023 kg) of in-shell scallops seaward of the VMS Demarcation
Line on a properly declared IFQ scallop access area trip.
(b) NGOM trips. A vessel issued a NGOM scallop permit, or an IFQ scallop permit that is declared into the
NGOM scallop fishery and fishing against the NGOM Set-Aside as described in § 648.62, unless exempted
under the state waters exemption program described under § 648.54, may not possess or land, per trip,
more than 200 lb (90.7 kg) of shucked scallops, or possess more than 1,666 lb (756) of in-shell scallops
shoreward of the VMS Demarcation Line. Such a vessel may land scallops only once in any calendar day.
Such a vessel may possess up to 3,332 lb (1,511 kg) of in-shell scallops seaward of the VMS demarcation
line on a properly declared NGOM scallop fishery trip.
(c) Incidental trips. A vessel issued an Incidental scallop permit, or an IFQ scallop permit that is not declared
into the IFQ scallop fishery or on a properly declared NE multispecies, surfclam, or ocean quahog trip or
other fishery requiring a VMS declaration as required under § 648.10(f), unless exempted under the state
waters exemption program described under § 648.54, may not possess or land, per trip, more than 40 lb

50 CFR 648.52(c) (enhanced display)

page 213 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.52(d)

(18.1 kg) of shucked scallops, or possess more than 333 lb (151 kg) of in-shell scallops shoreward of the
VMS Demarcation Line. Such a vessel may land scallops only once in any calendar day. Such a vessel
may possess up to 666 lb (302 kg) of in-shell scallops seaward of the VMS Demarcation Line.
(d) Limited access vessel access area trips. Owners or operators of vessels with a limited access scallop
permit that have properly declared into the Scallop Access Area Program as described in § 648.59 are
prohibited from fishing for or landing per trip, or possessing at any time, scallops in excess of any sea
scallop possession and landing limit set by the Regional Administrator in accordance with § 648.59(b)(3).
(e) Limited access vessel open area in-shell scallop possession limit. Owners or operators of vessels issued
limited access permits are prohibited from fishing for, possessing, or landing per trip more than 3,332 lb
(1,511 kg) of in-shell scallops shoreward of the VMS Demarcation Line, unless when fishing under the
state waters exemption specified under § 648.54.
(f) Limited access vessel access area in-shell scallop possession limit. A limited access vessel that is
declared into the Scallop Area Access Program as described in § 648.59, may not possess more than
3,332 lb (1,511 kg) of in-shell scallops outside of the Access Areas described in § 648.60.
(g) Possession limit to defray the cost of observers for LAGC IFQ vessels. An LAGC IFQ vessel with an
observer on board may retain, per observed trip, an allowance of scallops in addition to the possession
limit, as established by the Regional Administrator in accordance with § 648.53(g), provided the observer
set-aside specified in § 648.53(a)(8) has not been fully utilized. For example, if the LAGC IFQ vessel
possession limit is 600 lb (272.2 kg) and the additional allowance to defray the cost of an observer is 200
lb/day (90.7 kg), the vessel fishing 24 hours or less could retain up to 800 lb (362.9 kg) when carrying an
observer. If a vessel does not land its additional allowance on the trip while carrying an observer, the
additional allowance will be added to the vessel's IFQ allocation, and it may land it on a subsequent trip.
However, the vessel may not exceed the IFQ trip possession limit as described in § 648.52(a) unless it is
actively carrying an observer.
(h) Possession limit to defray the cost of observers for NGOM vessels. A NGOM vessel with an observer on
board may retain, per observed trip, an allowance of scallops in addition to the possession limit, as
established by the Regional Administrator in accordance with § 648.53(g), provided the observer setaside specified in § 648.53(a)(8) has not been fully utilized. For example, if the NGOM vessel possession
limit is 200 lb (90.7 kg) and the additional allowance to defray the cost of an observer is 125 lb (56.7 kg)
per trip, the vessel could retain up to 325 lb (147.4 kg) when carrying an observer. The vessel may not
exceed the possession limit as described in § 648.52(b) unless it is actively carrying an observer.
[73 FR 20122, Apr. 14, 2008, as amended at 74 FR 20555, May 4, 2009; 75 FR 36569, June 28, 2010; 76 FR 43763, July 21, 2011; 78
FR 27100, May 9, 2013; 81 FR 26375, May 4, 2016; 81 FR 76521, Nov. 3, 2016; 82 FR 15161, Mar. 27, 2017; 84 FR 11442, Apr. 1,
2019; 85 FR 17761, Mar. 31, 2020; 87 FR 1696, Jan. 12, 2022; 87 FR 18294, Mar. 30, 2022; 88 FR 19566, Apr. 3, 2023]

§ 648.53 Overfishing limit (OFL), acceptable biological catch (ABC), annual catch limits (ACL),
annual catch targets (ACT), annual projected landings (APL), DAS allocations, and individual
fishing quotas (IFQ).
(a) The following determinations and allocations for the sea scallop rotational areas are defined as follows
and shall be established through the specifications or framework adjustment process:
(1) OFL. OFL shall be based on an updated scallop resource and fishery assessment provided by either
the Scallop PDT or a formal stock assessment. OFL shall include all sources of scallop mortality and
shall include an upward adjustment to account for catch of scallops in state waters by vessels not
50 CFR 648.53(a)(1) (enhanced display)

page 214 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.53(a)(2)

issued Federal scallop permits. The fishing mortality rate (i.e. F) associated with OFL shall be the
threshold F, above which overfishing is occurring in the scallop fishery. The F associated with OFL
shall be used to derive specifications for ABC, ACL, and ACT, as defined in paragraph (a) of this
section.
(2) The specification of ABC, ACL, and ACT shall be based upon the following overfishing definition: The
F shall be set so that in access areas, averaged for all years combined over the period of time that
the area is closed and open to scallop fishing as an access area, it does not exceed the established
F threshold for the scallop fishery; in open areas it shall not exceed the F threshold for the scallop
fishery; and for access and open areas combined, it is set at a level that has a 75-percent probability
of remaining below the F associated with ABC, as defined in paragraph (a)(3) of this section, taking
into account all sources of fishing mortality in the limited access and LAGC fleets of the scallop
fishery.
(3) Overall ABC/ACL and APL —
(i)

Overall ABC/ACL. The overall ABC for sea scallop fishery shall be the catch level that has an
associated F that has a 75-percent probability of remaining below the F associated with OFL.
The overall ACL shall be equal to the ABC for the scallop fishery, minus discards (an estimate of
both incidental and discard mortality). The ABC/ACL, after the discards and deductions
specified in paragraph (a)(4) of this section are removed, shall be divided as sub-ACLs between
limited access vessels, limited access vessels that are fishing under a LAGC permit, and LAGC
vessels as defined in paragraphs (a)(5) and (6) of this section, after the deductions outlined in
paragraph (a)(4) of this section.

(ii) APL. The APL shall be equal to the combined projected landings by the limited access and
LAGC IFQ, in open areas, access areas, and Northern Gulf of Maine management area after setasides (RSA, NGOM, and observer) and incidental landings are accounted for, for a given fishing
year. Projected scallop landings are calculated by estimating the landings that will come from
open area, access area, and Northern Gulf of Maine effort combined for both limited access
and LAGC IFQ fleets. These projected landings shall not exceed the overall ABC/ACL and ACT,
as described in paragraph (a) of this section.
(4) Deductions from ABC/ACL. Incidental catch, as defined in paragraph (a)(7) of this section, shall be
removed from ABC/ACL. One percent of ABC/ACL shall be removed from ABC/ACL for observer setaside. Scallop catch equal to the value specified in § 648.56(d) shall be removed from ABC/ACL for
research set-aside. These deductions for incidental catch, observer set-aside, and research setaside, shall be made prior to establishing sub-ACLs for the limited access and LAGC fleets, as
specified in paragraphs (a)(5) and (6) of this section.
(5) Limited access fleet sub-ACL and sub-ACT —
(i)

Limited access fleet sub-ACL. After applying the deductions as specified in paragraph (a)(4) of
this section, the limited access scallop fleet shall be allocated a sub-ACL equal to 94.5 percent
of the ABC/ACL.

(ii) Limited access fleet sub-ACT. The ACT for the limited access fishery shall be set at a level that
has an associated F with a 75-percent probability of remaining below the F associated with
ABC/ACL.
(6) LAGC IFQ fleet sub-ACL, sub-ACT, and annual allocation —

50 CFR 648.53(a)(6) (enhanced display)

page 215 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.53(a)(6)(i)

LAGC IFQ fleet sub-ACL. After applying the deductions as specified in paragraph (a)(4) of this
section, the LAGC IFQ fleet shall be allocated a sub-ACL equal to 5.5 percent of the ABC/ACL,
so that 5 percent of ABC/ACL is allocated to the LAGC fleet of vessels that do not also have a
limited access scallop permit, and 0.5 percent of the ABC/ACL is allocated to the LAGC fleet of
vessels that have limited access scallop permits. This specification of sub-ACLs shall not
account for catch reductions associated with the application of AMs or adjustment of the subACL as a result of the limited access AM exception as specified in paragraph (c)(1) of this
section.

(ii) LAGC IFQ fleet sub-ACT. The LAGC IFQ fishery sub-ACT shall be equal to the LAGC IFQ fishery's
sub-ACL. The sub-ACT for the LAGC IFQ fishery for vessels issued only a LAGC IFQ scallop
permit shall be equal to 5 percent of the ABC/ACL specified in paragraph (a)(3) of this section,
after applying the deductions as specified in paragraph (a)(4) of this section. The sub-ACT for
the LAGC IFQ fishery for vessels issued both a LAGC IFQ scallop permit and a limited access
scallop permit shall be 0.5 percent of the ACL specified in paragraph (a)(3) of this section, after
applying the deductions as specified in paragraph (a)(4) of this section.
(iii) LAGC IFQ fleet annual allocation.
(A) The annual allocation for the LAGC IFQ fishery for vessels issued an LAGC IFQ scallop
permit and not also issued a limited access permit shall be equal to 5 percent of the APL.
The annual allocation for the LAGC IFQ fishery for vessels issued both a LAGC IFQ scallop
permit and a limited access scallop permit shall be 0.5 percent of the APL.
(B) Standardized default LAGC IFQ allocation. Unless otherwise specified by the Council
through the framework adjustment or specifications process defined in § 648.55, after the
first-year allocation expires, the second-year default allocation, as described in §
648.55(a), shall be set at 75 percent of the first-year allocation for all vessels issued an
LAGC IFQ scallop permit and not also issued a limited access permit and for vessels
issued both an LAGC IFQ scallop permit and a limited access scallop permit. After the
second-year default allocation expires, the third year allocation would be set to zero until
replaced by subsequent allocations.
(7) Scallop incidental landings target TAL. The annual incidental landings target TAL is the catch
available for harvest for vessels with incidental catch scallop permits. This incidental catch target
will be removed from the ABC/ACL defined in paragraph (a)(3) of this section prior to establishing
the limited access and LAGC IFQ sub-ACLs and sub-ACTs defined in paragraphs (a)(5) and (6) of this
section.
(8) Northern Gulf of Maine Total Allowable Landings (TAL). The NGOM TAL is the landings available for
harvest from the NGOM Management Area. The TAL shall be set by applying a fishing mortality rate
of F = 0.15 to F = 0.25 to exploitable biomass estimated from open areas of the NGOM.
(i)

NGOM Observer Set-Aside. The NGOM TAL shall be reduced by 1 percent to off-set monitoring
costs for vessels fishing in this area. The NGOM monitoring set-aside would be added to the
fishery-wide observer set-aside, as described in paragraph (g) of this section.

(ii) NGOM Research Set-Aside. The NGOM TAL shall be reduced by 25,000 lb (11,340 kg) to be
added to the fishery-wide research set-aside, as described in § 648.56(d).

50 CFR 648.53(a)(8)(ii) (enhanced display)

page 216 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.53(a)(8)(iii)

(iii) Northern Gulf of Maine Set-Aside. The NGOM Set-Aside shall be the portion of the NGOM TAL
that is available for harvest by the LAGC IFQ and NGOM fleets at 200 lb (90.7 kg) per trip per
day as set through specifications. After the observer and research set-asides are removed, the
first 800,000 lb (362,874 kg) of the NGOM TAL shall be allocated to the NGOM Set-Aside. For all
allocation above 800,000 lb (362,874 kg), 5 percent shall go to the NGOM Set-Aside, and 95
percent shall go to the NGOM Annual Projected Landings.
(iv) NGOM APL. The NGOM APL shall be the portion of the NGOM TAL that is available for harvest
for the limited access and LAGC IFQ fleets set through specifications after the observer and
research set-asides are removed and the first 800,000 lb (362,874 kg) of the NGOM TAL are
allocated to the NGOM Set-Aside. For all allocation above 800,000 lb (362,874 kg), 5 percent
shall go to the NGOM set-aside, and 95 percent shall go to the NGOM APL. The method in
which the limited access and LAGC IFQ components will access the NGOM APL will be
determined in future specifications.
(9) Scallop fishery catch limits. The following catch limits will be effective for the 2025 and 2026 fishing
years:

TABLE 1 TO PARAGRAPH (a)(9)—SCALLOP FISHERY CATCH LIMITS
2025
(mt)

2026
(mt) 1

OFL

28,970

30,031

ABC/ACL (discards removed)

17,901

17,745

23

23

RSA

578

578

Observer Set-Aside

179

177

NGOM Set-Aside

306

230

ACL for fishery

16,815

16,736

Limited Access ACL

Catch limits

Incidental Landings

15,890

15,816

LAGC Total ACL

925

920

LAGC IFQ ACL (5 percent of ACL)

841

837

84

84

13,771

13,707

APL (after set-asides removed)

8,180

( 1)

Limited Access APL (94.5 percent of APL)

7,730

( 1)

450

337

Limited Access with LAGC IFQ ACL (0.5 percent of ACL)
Limited Access ACT

Total IFQ Annual Allocation (5.5 percent of APL) 2
1

The catch limits for the 2026 fishing year are subject to change through a future specifications action
or framework adjustment. This includes the setting of an APL for 2026 that will be based on the 2025
annual scallop surveys. The 2026 default allocations for the limited access component are defined for
DAS in paragraph (b)(3) of this section and for access areas in § 648.59(b)(3)(i)(B).
2

As specified in paragraph (a)(6)(iii)(B) of this section, the 2026 IFQ annual allocations are set at 75
percent of the 2025 IFQ Annual Allocations.

50 CFR 648.53(a)(9) (enhanced display)

page 217 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.53(b)

2025
(mt)

Catch limits
LAGC IFQ Annual Allocation (5 percent of APL) 2
Limited Access with LAGC IFQ Annual Allocation (0.5 percent of APL)

2

2026
(mt) 1

409

307

41

31

1

The catch limits for the 2026 fishing year are subject to change through a future specifications action
or framework adjustment. This includes the setting of an APL for 2026 that will be based on the 2025
annual scallop surveys. The 2026 default allocations for the limited access component are defined for
DAS in paragraph (b)(3) of this section and for access areas in § 648.59(b)(3)(i)(B).
2

As specified in paragraph (a)(6)(iii)(B) of this section, the 2026 IFQ annual allocations are set at 75
percent of the 2025 IFQ Annual Allocations.

(b) DAS specifications and allocations. DAS specifications and allocations for limited access scallop trips in
open areas are defined as follows and shall be specified through the specifications or framework
adjustment processes defined in § 648.55, as follows:
(1) DAS allocations. DAS allocations shall be determined by distributing the portion of the limited access
APL defined in paragraph (a)(3) of this section, as reduced by access area allocations defined in §
648.59, by applying estimates of open area landings per unit effort (LPUE) projected through the
specifications or framework adjustment processes used to set annual allocations and dividing that
amount among vessels in the form of DAS calculated.
(2) Assignment to DAS categories —
(i)

Limited access vessels shall be categorized as full-time, part-time, or occasional. Allocations
for part-time and occasional scallop vessels shall be 40 percent and 8.33 percent of the fulltime DAS allocations, respectively.

(ii) Subject to the vessel permit application requirements specified in § 648.4, for each fishing year,
each vessel issued a limited access scallop permit shall be assigned to the DAS category (fulltime, part-time, or occasional) it was assigned to in the preceding year, except as provided
under the small dredge program specified in § 648.51(e).
(3) DAS allocations. The DAS allocations for limited access scallop vessels for fishing years 2025 and
2026 are as follows:

TABLE 2 TO PARAGRAPH (b)(3)—SCALLOP OPEN AREA DAS ALLOCATIONS
Permit category
Full-Time

2026 1

2025
24

18

1

The DAS allocations for the 2026 fishing year are subject to change through a future specifications
action or framework adjustment. The 2026 DAS allocations are set at 75 percent of the 2025
allocation as a precautionary measure.

50 CFR 648.53(b)(3) (enhanced display)

page 218 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Permit category

50 CFR 648.53(b)(4)

2026 1

2025

Part-Time

9.6

7.2

Occasional

2.0

1.5

1

The DAS allocations for the 2026 fishing year are subject to change through a future specifications
action or framework adjustment. The 2026 DAS allocations are set at 75 percent of the 2025
allocation as a precautionary measure.

(4) Standardized default DAS allocations. Unless otherwise specified by the Council through the
framework adjustment or specifications process defined in § 648.55, after the first-year allocations
expire, the second-year default limited access DAS allocations, as described in § 648.55(a), shall be
set at 75 percent of the first-year allocation. After the second-year default allocation expires, the
third year allocation would be set to zero until replaced by subsequent allocations.
(c) Accountability measures (AM) for limited access vessels. Unless the limited access AM exception is
implemented in accordance with the provision specified in paragraph (c)(1) of this section, if the limited
access sub-ACL defined in paragraph (a)(5) of this section is exceeded for the applicable fishing year, the
DAS for each limited access vessel shall be reduced by an amount equal to the amount of landings in
excess of the sub-ACL divided by the applicable LPUE for the fishing year in which the AM will apply as
projected by the specifications or framework adjustment process specified in § 648.55, then divided by
the number of scallop vessels eligible to be issued a full-time limited access scallop permit. For example,
assuming a 300,000-lb (136-mt) overage of the limited access fishery's sub-ACL in Year 1, an open area
LPUE of 2,500 lb (1.13 mt) per DAS in Year 2, and 313 full-time vessels, each full-time vessel's DAS for
Year 2 would be reduced by 0.38 DAS (300,000 lb (136 mt)/2,500 lb (1.13 mt) per DAS = 120 lb (0.05 mt)
per DAS/313 vessels = 0.38 DAS per vessel). Deductions in DAS for part-time and occasional scallop
vessels shall be 40 percent and 8.33 percent of the full-time DAS deduction, respectively, as calculated
pursuant to paragraph (b)(2) of this section. The AM shall take effect in the fishing year following the
fishing year in which the overage occurred. For example, landings in excess of the limited access fishery's
sub-ACL in Year 1 would result in the DAS reduction AM in Year 2. If the AM takes effect, and a limited
access vessel uses more open area DAS in the fishing year in which the AM is applied, the vessel shall
have the DAS used in excess of the allocation after applying the AM deducted from its open area DAS
allocation in the subsequent fishing year. For example, a vessel initially allocated 32 DAS in Year 1 uses all
32 DAS prior to application of the AM. If, after application of the AM, the vessel's DAS allocation is
reduced to 31 DAS, the vessel's DAS in Year 2 would be reduced by 1 DAS.
(1) Limited access AM exception. If NMFS determines that the fishing mortality rate associated with the
limited access fleet's landings in a fishing year is less than 0.39, the AM specified in paragraph (c) of
this section shall not take effect. The fishing mortality rate of 0.39 is the fishing mortality rate that is
one standard deviation below the fishing mortality rate for the scallop fishery ACL, currently
estimated at 0.45.
(2) Limited access fleet AM and exception provision timing. The Regional Administrator shall determine
whether the limited access fleet exceeded its sub-ACL, defined in paragraph (a)(5) of this section, by
July of the fishing year following the year for which landings are being evaluated. On or about July 1,
the Regional Administrator shall notify the New England Fishery Management Council of the
determination of whether or not the sub-ACL for the limited access fleet was exceeded, and the
50 CFR 648.53(c)(2) (enhanced display)

page 219 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.53(d)

number of landings in excess of the sub-ACL. Upon this notification, the Scallop Plan Development
Team (PDT) shall evaluate the overage and determine if the fishing mortality rate associated with
total landings by the limited access scallop fleet is less than 0.39. On or about September 1 of each
year, the Scallop PDT shall notify the Council of its determination, and the Council, on or about
September 30, shall make a recommendation, based on the Scallop PDT findings, concerning
whether to invoke the limited access AM exception. If NMFS concurs with the Scallop PDT's
recommendation to invoke the limited access AM exception, in accordance with the Administrative
Procedure Act (APA), the limited access AM shall not be implemented. If NMFS does not concur, in
accordance with the APA, the limited access AM shall be implemented as soon as possible after
September 30 each year.
(d) End-of-year carry-over for open area DAS. With the exception of vessels that held a Confirmation of Permit
History as described in § 648.4(a)(2)(i)(J) for the entire fishing year preceding the carry-over year, limited
access vessels that have unused open area DAS on the last day of March of any year may carry over a
maximum of 10 DAS, not to exceed the total open area DAS allocation by permit category, into the next
year. DAS carried over into the next fishing year may only be used in open areas. Carry-over DAS are
accounted for in setting the sub-ACT for the limited access fleet, as defined in paragraph (a)(5)(ii) of this
section. Therefore, if carry-over DAS result or contribute to an overage of the ACL, the limited access fleet
AM specified in paragraph (c) of this section would still apply, provided the AM exception specified in
paragraph (c)(1) of this section is not invoked.
(e) Accrual of DAS. All DAS fished shall be charged to the nearest minute. A vessel carrying an observer and
authorized to be charged fewer DAS in Open Areas based on the total available DAS set aside under
paragraph (g) of this section shall be charged at a reduced rate as specified in paragraph (g)(1) of this
section.
(f) DAS credits —
(1) Good Samaritan credit. A limited access vessel operating 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.
(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 by the operator 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
50 CFR 648.53(f)(2)(iii) (enhanced display)

page 220 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.53(f)(2)(iv)

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 that
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 (d) of this
section.
(3) Limited access scallop vessels fishing under the DAS program and landing scallops at a port located at
or south of 39° N. Lat. If landing scallops at a port located at or south of 39° N. lat., a limited access
vessel participating in the scallop DAS program may end its DAS trip once shoreward of the VMS
Demarcation Line at or south of 39° N. lat. by declaring out of the scallop fishery. Once declared out
of the scallop fishery, the vessel may cross seaward of the VMS Demarcation Line and steam to
ports at or south of 39° N. lat., to land scallops while not on a DAS, provided that the vessel complies
with the following requirements:
(i)

The vessel must submit a Scallop Pre-landing Notification Form, as specified at §
648.10(f)(4)(iv);

(ii) The vessel's fishing gear is stowed and not available for immediate use as defined in § 648.2;
(iii) The vessel must return directly to port and offload scallops;
(iv) The vessel must land scallops at a port located at or south of 39° N. lat.; and
(v) The vessel may not possess in-shell scallops.
(g) Set-asides for observer coverage.
(1) To help defray the cost of carrying an observer, 1 percent of the ABC/ACL defined in paragraph (a)(3)
of this section and 1 percent of the NGOM ABC/ACL shall be set aside to be used by vessels that are
assigned to take an at-sea observer on a trip. This observer set-aside is specified through the
specifications or framework adjustment process defined in § 648.55.
(2) At the start of each scallop fishing year, the observer set-aside specified in paragraph (g)(1) of this
section initially shall be divided proportionally by access and open areas, based on the amount of
effort allocated into each area, in order to set the compensation and coverage rates. NMFS shall
50 CFR 648.53(g)(2) (enhanced display)

page 221 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.53(g)(3)

monitor the observer set-aside usage and may transfer set-aside from one area to another if one
area is using more or less set-aside than originally anticipated. The set-aside may be transferred
from one area to another, based on NMFS in-house area-level monitoring that determines whether
one area will likely have excess set-aside while another may not. The set-aside shall be considered
completely harvested when the full one percent is landed, at which point there would be no more
compensation for any observed scallop trip, regardless of area. NMFS shall continue to proactively
adjust compensation rates and/or observer coverage levels mid-year in order to minimize the chance
that the set-aside would be harvested prior to the end of the FY. Utilization of the set-aside shall be
on a first-come, first-served basis. When the set-aside for observer coverage has been utilized,
vessel owners shall be notified that no additional scallop catch or DAS remain available to offset the
cost of carrying observers. The obligation to carry and pay for an observer shall not be waived if setaside is not available.
(3) DAS set-aside for observer coverage. A limited access scallop vessel carrying an observer in open
areas shall be compensated with reduced DAS accrual rates for each trip on which the vessel carries
an observer. For each DAS that a vessel fishes for scallops with an observer on board, the DAS shall
be charged at a reduced rate, based on an adjustment factor determined by the Regional
Administrator on an annual basis, dependent on the cost of observers, catch rates, and amount of
available set-aside. The Regional Administrator shall notify vessel owners of the cost of observers
and the DAS adjustment factor through a permit holder letter issued prior to the start of each fishing
year. This DAS adjustment factor may also be changed during the fishing year if fishery conditions
warrant such a change. The number of DAS that are deducted from each trip based on the
adjustment factor shall be deducted from the observer set-aside amount in the applicable fishing
year.
(h) Annual IFQs —
(1) IFQ restriction. For each fishing year of the IFQ program, a vessel issued an IFQ scallop permit may
only harvest and land the total amount of scallop meats allocated in accordance with this subpart.
Unless otherwise specified in this part, a vessel allocated scallop IFQ may not exceed the
possession limits specified in § 648.52 on any trip.
(2) Calculation of IFQ. The LAGC IFQ fleet annual allocation as defined in paragraph (a)(6)(iii) of this
section, shall be used to determine the IFQ of each vessel issued an IFQ scallop permit. Each fishing
year, the Regional Administrator shall provide the owner of a vessel issued an IFQ scallop permit
issued pursuant to § 648.4(a)(2)(ii) with the scallop IFQ for the vessel for the upcoming fishing year.
(i)

IFQ. The IFQ for an IFQ scallop vessel shall be the vessel's contribution percentage as specified
in paragraph (h)(2)(iii) of this section and determined using the steps specified in paragraph
(h)(2)(ii) of this section, multiplied by the LAGC IFQ fleet annual allocation as defined in
paragraph (a)(6)(iii) of this section.

(ii) Contribution factor. An IFQ scallop vessel's contribution factor is calculated using the best year,
years active, and index factor as specified in paragraphs (h)(2)(ii)(A) through (C) of this section.
A vessel's contribution factor shall be provided to the owner of a qualified limited access
general category vessel following initial application for an IFQ scallop permit as specified in §
648.4(a)(2)(ii)(E), consistent with confidentiality restrictions of the Magnuson-Stevens Act
specified at 16 U.S.C. 1881a.

50 CFR 648.53(h)(2)(ii) (enhanced display)

page 222 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.53(h)(2)(ii)(A)

(A) Best year determination. An eligible IFQ scallop vessel's highest scallop landings in any
scallop fishing year that the vessel was issued a general category scallop permit between
March 1, 2000, and November 1, 2004, shall be determined using NMFS dealer reports.
Scallop landings in the 2004 fishing year must have occurred on or before November 1,
2004. If a dealer reported more than 400 lb (181.4 kg) of scallops landed on a trip, only
400 lb (181.4 kg) will be credited for that trip toward the best year calculation. For dealer
reports that indicate clearly that the landings were bushels of in-shell scallops, a
conversion of 8.33 lb (3.78 kg) of scallop meats per bushel shall be used to calculate
meat-weight, up to a maximum of 400 lb (181.4 kg) per trip.
(B) Years active. For each eligible IFQ scallop vessel, the total number of scallop fishing years
during the period March 1, 2000, through November 1, 2004, in which the vessel had a
general category scallop permit and landed at least 1 lb (0.45 kg) of scallop meats, or inshell scallops, shall be counted as active years based on NMFS dealer reports. Scallop
landings in the 2004 fishing year must have occurred on or before November 1, 2004.
(C) Index to determine contribution factor. For each eligible IFQ scallop vessel, the best year as
determined pursuant to paragraph (a)(2)(ii)(E)(1) of this section shall be multiplied by the
appropriate index factor specified in the following table, based on years active as
specified in paragraph (a)(2)(ii)(E)(2) of this section. The resulting contribution factor shall
determine its IFQ for each fishing year based on the allocation to general category scallop
vessels as specified in paragraph (a)(4) of this section and the method of calculating the
IFQ provided in paragraph (h) of this section.

Years active

Index factor

1

0.75

2

0.875

3

1.0

4

1.125

5

1.25

(D) Contribution factor example. If a vessel landed 48,550 lb (22,022 kg) of scallops in its best
year, and was active in the general category scallop fishery for 5 years, the vessel's
contribution factor is equal to 60,687 lb (27,527 kg) (48,550 lb (22,022 kg * 1.25).
(iii) Contribution percentage. A vessel's contribution percentage shall be determined by dividing its
contribution factor by the sum of the contribution factors of all vessels issued an IFQ scallop
permit. Continuing the example in paragraph (h)(1)(ii)(D) of this section, the sum of the
contribution factors for 380 IFQ scallop vessels is estimated for the purpose of this example to
be 4.18 million lb (1,896 mt). The contribution percentage of the above vessel is 1.45 percent
(60,687 lb (27,527 kg)/4.18 million lb (1,896 mt) = 1.45 percent). The contribution percentage
for a vessel that is issued an IFQ scallop permit and whose owner has permanently transferred
all of its IFQ to another IFQ vessel, as specified in paragraph (h)(5)(ii) of this section, shall be
equal to 0 percent.

50 CFR 648.53(h)(2)(iii) (enhanced display)

page 223 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.53(h)(2)(iv)

(iv) Vessel IFQ Example. Continuing the example in paragraphs (h)(1)(ii)(D) and (h)(1)(iii) of this
section, with an ACL allocated to IFQ scallop vessels estimated for this example to be equal to
2.5 million lb (1,134 mt), the vessel's IFQ would be 36,250 lb (16,443 kg) (1.45 percent * 2.5
million lb (1,134 mt)).
(v) End-of-year carry-over for IFQ.
(A) With the exception of vessels that held a Confirmation of Permit History as described in §
648.4(a)(2)(ii)(L) for the entire fishing year preceding the carry-over year, LAGC IFQ
vessels that have unused IFQ on the last day of March of any year may carry over up to 15
percent of the vessel's original IFQ plus the total of IFQ transferred to such vessel minus
the total IFQ transferred from such vessel (either temporary or permanent) IFQ into the
next fishing year. For example, a vessel with a 10,000-lb (4,536-kg) IFQ and 5,000-lb
(2,268-kg) of leased IFQ may carry over 2,250 lb (1,020 kg) of IFQ (i.e., 15 percent of
15,000 lb (6,804 kg)) into the next fishing year if it landed 12,750 lb (5,783 kg) (i.e., 85
percent of 15,000 lb (6,804 kg)) of scallops or less in the preceding fishing year. Using the
same IFQ values from the example, if the vessel landed 14,000 lb (6,350 kg) of scallops, it
could carry over 1,000 lb (454 kg) of scallops into the next fishing year.
(B) [Reserved]
(3) IFQ ownership restrictions —
(i)

IFQ scallop vessel IFQ cap.
(A) Unless otherwise specified in paragraphs (h)(3)(i)(B) and (C) of this section, a vessel
issued an IFQ scallop permit or confirmation of permit history shall not be issued more
than 2.5 percent of the IFQ-only annual allocation to the IFQ scallop vessels as described
in paragraph (a)(6) of this section.
(B) A vessel may be initially issued more than 2.5 percent of the IFQ-only annual allocation
allocated to the IFQ scallop vessels as described in paragraph (a)(6) of this section, if the
initial determination of its contribution factor specified in accordance with §
648.4(a)(2)(ii)(E) and paragraph (h)(2)(ii) of this section, results in an IFQ that exceeds 2.5
percent of the IFQ-only annual allocation to the IFQ scallop vessels as described in
paragraph (a)(6) of this section. A vessel that is allocated an IFQ that exceeds 2.5 percent
of the IFQ-only annual allocation to the IFQ scallop vessels as described in paragraph
(a)(6) of this section, in accordance with this paragraph (h)(3)(i)(B), may not receive IFQ
through an IFQ transfer, as specified in paragraph (h)(5) of this section. All scallops that
have been allocated as part of the original IFQ allocation or transferred to a vessel during
a given fishing year shall be counted towards the vessel cap.
(C) A vessel initially issued a 2008 IFQ scallop permit or confirmation of permit history, or that
was issued or renewed a limited access scallop permit or confirmation of permit history
for a vessel in 2009 and thereafter, in compliance with the ownership restrictions in
paragraph (h)(3)(i)(A) of this section, is eligible to renew such permit(s) and/or
confirmation(s) of permit history, regardless of whether the renewal of the permit or
confirmations of permit history will result in the 2.5-percent IFQ cap restriction being
exceeded.

(ii) IFQ ownership cap.

50 CFR 648.53(h)(3)(ii) (enhanced display)

page 224 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.53(h)(3)(ii)(A)

(A) For any vessel acquired after June 1, 2008, a vessel owner is not eligible to be issued an
IFQ scallop permit for the vessel, and/or a confirmation of permit history, and is not
eligible to transfer IFQ to the vessel, if, as a result of the issuance of the permit and/or
confirmation of permit history, or IFQ transfer, the vessel owner, or any other person who is
a shareholder or partner of the vessel owner, will have an ownership interest in more than
5 percent of the sub-ACL allocated to the IFQ scallop vessels as described in paragraph
(a)(6) of this section.
(B) Vessel owners who were initially issued a 2008 IFQ scallop permit or confirmation of
permit history, or who were issued or renewed a limited access scallop permit or
confirmation of permit history for a vessel in 2009 and thereafter, in compliance with the
ownership restrictions in paragraph (h)(3)(ii)(A) of this section, are eligible to renew such
permits(s) and/or confirmation(s) of permit history, regardless of whether the renewal of
the permits or confirmations of permit history will result in the 5-percent ownership
restriction being exceeded.
(C) Having an ownership interest includes, but is not limited to, persons who are shareholders
in a vessel owned by a corporation, who are partners (general or limited) to a vessel
owner, or who, in any way, partly own a vessel.
(iii) Limited access scallop vessels that have been issued an IFQ scallop permit. The IFQ scallop
vessel IFQ cap and IFQ ownership cap specified in this paragraph (h)(3) do not apply to limited
access scallop vessels that are also issued a limited access general category scallop permit
because such vessels are already subject to an ownership limitation, as specified in §
648.4(a)(2)(i)(M).
(4) IFQ cost recovery. A fee, not to exceed 3 percent of the ex-vessel value of IFQ scallops harvested,
shall be collected to recover the costs associated with management, data collection, and
enforcement of the IFQ program. The owner of a vessel issued an IFQ scallop permit and subject to
the IFQ program specified in this paragraph (h)(4), shall be responsible for paying the fee as
specified by NMFS in this paragraph (h)(4). An IFQ scallop vessel shall incur a cost recovery fee
liability for every landing of IFQ scallops. The IFQ scallop permit holder shall be responsible for
collecting the fee for all of its vessels' IFQ scallop landings, and shall be responsible for submitting
this payment to NMFS once per year. The cost recovery fee for all landings, regardless of ownership
changes throughout the fishing year, shall be the responsibility of the official owner of the vessel, as
recorded in the vessel permit or confirmation of permit history file, at the time the bill is sent.
(i)

Cost recovery fee determination. The ex-vessel value of scallops shall be determined as an
average of the ex-vessel value, as determined by Northeast Federal dealer reports, of all IFQ
scallops landed between March 1 and September 30 of the initial year of the IFQ scallop
program, and from October 1 through September 30 of each year thereafter.

(ii) Fee payment procedure. On or about October 31 of each year NMFS shall mail a cost recovery
bill to each IFQ scallop permit holder for the previous cost recovery period. An IFQ scallop
permit holder who has incurred a fee must pay the fee to NMFS within 60 days from the date of
mailing of the recovery bill. Cost recovery payments shall be made electronically via the Federal
web portal, www.pay.gov, or other internet sites as designated by the Regional Administrator.
Instructions for electronic payment shall be available on both the payment website and the
paper bill. Payment options shall include payment via a credit card, as specified in the cost
recovery bill, or via direct automated clearing house (ACH) withdrawal from a designated
50 CFR 648.53(h)(4)(ii) (enhanced display)

page 225 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.53(h)(4)(iii)

checking account. Payment by check may be authorized by NMFS if it has determined that
electronic payment is not possible (for example, if the geographical area of an individual(s) is
affected by catastrophic conditions).
(iii) Payment compliance. An IFQ scallop permit holder that has incurred an IFQ cost recovery fee
must pay the fee to NMFS within 60 days from the date of mailing. If the cost recovery
payment, as determined by NMFS, is not made within 60 days from the date of mailing, NMFS
may deny the renewal of the IFQ scallop permit until full payment is received. If, upon
preliminary review of the accuracy and completeness of a fee payment, NMFS determines the
IFQ scallop permit holder has not paid the full amount due, NMFS shall notify the IFQ scallop
permit holder by letter. NMFS shall explain the discrepancy and provide the IFQ scallop permit
holder 30 days to either pay the amount specified by NMFS or to provide evidence that the
amount paid was correct. If the IFQ scallop permit holder submits evidence in support of his/
her payment, NMFS shall determine if there is any remaining disagreement as to the
appropriate IFQ fee, and prepare a Final Administrative Determination (FAD). The FAD shall set
out the facts, discuss those facts within the context of the relevant agency policies and
regulations, and decide as to the appropriate disposition of the matter. A FAD shall be the final
agency action, and, if the FAD determines that the IFQ scallop permit holder is out of
compliance, the FAD shall require payment within 30 days. If a FAD is not issued until after the
start of the fishing year, the IFQ scallop permit holder may be authorized to fish temporarily by
the Regional Administrator until the FAD is issued, at which point the permit holder shall have
30 days to comply with the terms of the FAD or the IFQ scallop permit shall not be issued until
such terms are met. If NMFS determines that the IFQ scallop permit holder owes additional
fees for the previous cost recovery period, and the IFQ scallop permit has already been
renewed, NMFS shall issue a FAD, at which point the permit holder shall have 30 days to comply
with the terms of the FAD or NMFS may withdraw the issuance of the IFQ scallop permit until
such terms are met. If such payment is not received within 30 days of issuance of the FAD,
NMFS shall refer the matter to the appropriate authorities within the U.S. Department of the
Treasury for purposes of collection, and no IFQ permit held by the permit holder may be
renewed until the terms of the FAD are met. If NMFS determines that the conditions of the FAD
have been met, the IFQ permit holder may renew the IFQ scallop permit(s). If NMFS does not
receive full payment prior to the end of the fishing year, the IFQ scallop permit shall be
considered voluntarily abandoned, pursuant to § 648.4(a)(2)(ii)(K), unless otherwise
determined by the Regional Administrator.
(5) Transferring IFQ —
(i)

Temporary IFQ transfers —
(A) IFQ-only vessels. Subject to the restrictions in paragraph (h)(5)(iii) of this section, the
owner of an IFQ scallop vessel (and/or IFQ scallop permit in confirmation of permit
history) not issued a limited access scallop permit may temporarily transfer (e.g., lease)
its entire IFQ allocation, or a portion of its IFQ allocation, to another IFQ scallop vessel
(and/or IFQ scallop permit in confirmation of permit history) not issued a limited access
scallop permit. Temporary IFQ transfers shall be effective only for the fishing year in which
the temporary transfer is requested and processed. IFQ can be temporarily transferred
more than once (i.e., re-transferred). For example, if a vessel temporarily transfers IFQ to a
vessel, the transferee vessel may re-transfer any portion of that IFQ to another vessel.
There is no limit on how many times IFQ can be re-transferred in a fishing year. The
Regional Administrator has final approval authority for all temporary IFQ transfer requests.

50 CFR 648.53(h)(5)(i)(A) (enhanced display)

page 226 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.53(h)(5)(i)(B)

(B) Limited access vessels with LAGC IFQ. Subject to the restrictions in paragraph (h)(5)(iii) of
this section, the owner of a limited access vessel with LAGC IFQ (and/or a limited access
permit with LAGC IFQ in confirmation of permit history) may temporarily transfer (e.g.,
lease) its entire IFQ allocation, or a portion of its IFQ allocation, to an IFQ-only scallop
vessel that does not have a limited access permit. Temporary IFQ transfers shall be
effective only for the fishing year in which the temporary transfer is requested and
processed. IFQ can be temporarily transferred more than once (i.e., re-transferred). The
Regional Administrator has final approval authority for all temporary IFQ transfer requests.
(ii) Permanent IFQ transfers.
(A) Subject to the restrictions in paragraph (h)(5)(iii) of this section, the owner of an IFQ
scallop vessel (and/or IFQ scallop permit in confirmation of permit history) not issued a
limited access scallop permit may transfer IFQ permanently to or from another IFQ scallop
vessel (and/or IFQ scallop permit in confirmation of permit history) not issued a limited
access scallop permit. Any such transfer cannot be limited in duration and is permanent
as to the transferee, unless the IFQ is subsequently permanently transferred to another
IFQ scallop vessel. IFQ may be permanently transferred to a vessel and then be retransferred (temporarily transferred (i.e., leased) or permanently transferred) by such
vessel to another vessel in the same fishing year. There is no limit on how many times IFQ
can be re-transferred in a fishing year. Limited access vessels with LAGC IFQ permits are
prohibited from permanently transferring or receiving IFQ.
(B) If a vessel owner permanently transfers the vessel's entire IFQ to another IFQ vessel, the
LAGC IFQ scallop permit shall remain valid on the transferor vessel, unless the owner of
the transferor vessel cancels the IFQ scallop permit. Such cancellation shall be considered
voluntary relinquishment of the IFQ permit, and the vessel shall be ineligible for an IFQ
scallop permit unless it replaces another vessel that was issued an IFQ scallop permit.
The Regional Administrator has final approval authority for all IFQ transfer requests.
(iii) IFQ transfer restrictions. The owner of an IFQ scallop vessel (and/or IFQ scallop permit in
confirmation of permit history) not issued a limited access scallop permit may transfer that
vessel's IFQ to another IFQ scallop vessel, regardless of whether or not the vessel has fished
under its IFQ in the same fishing year. Requests for IFQ transfers cannot be less than 100 lb
(46.4 kg), unless that the transfer reflects the total IFQ amount remaining on the transferor's
vessel, or the entire IFQ allocation. IFQ may be temporarily or permanently transferred to a
vessel and then temporarily re-transferred (i.e., leased) or permanently re-transferred by such
vessel to another vessel in the same fishing year. There is no restriction on how many times IFQ
can be re-transferred. A transfer of an IFQ may not result in the sum of the IFQs on the receiving
vessel exceeding 2.5 percent of the allocation to IFQ-only scallop vessels. A transfer of an IFQ,
whether temporary or permanent, may not result in the transferee having a total ownership of,
or interest in, general category scallop allocation that exceeds 5 percent of the allocation to
IFQ-only scallop vessels. Limited access scallop vessels that are also issued an IFQ scallop
permit may not permanently transfer or receive IFQ. Further, they may not temporarily receive
IFQ.
(iv) Application for an IFQ transfer. The owners of vessels applying for a transfer of IFQ must submit
a completed application form obtained from the Regional Administrator. The application must
be signed by both parties (transferor and transferee) involved in the transfer of the IFQ, and
must be submitted to the NMFS Northeast Regional Office at least 30 days before the date on
50 CFR 648.53(h)(5)(iv) (enhanced display)

page 227 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.53(h)(5)(iv)(A)

which the applicants desire to have the IFQ effective on the receiving vessel. The Regional
Administrator shall notify the applicants of any deficiency in the application pursuant to this
section. Applications may be submitted at any time during the scallop fishing year, regardless
of whether or not the vessel has fished under its IFQ in the same fishing year. Applications for
temporary transfers received less than 45 days prior to the end of the fishing year may not be
processed in time for a vessel to utilize the transferred IFQ, if approved, prior to the expiration
of the fishing year.
(A) Application information requirements. An application to transfer IFQ must contain at least
the following information: Transferor's name, vessel name, permit number, and official
number or state registration number; transferee's name, vessel name, permit number, and
official number or state registration number; total price paid for purchased IFQ; signatures
of transferor and transferee; and date the form was completed. In addition, applications to
transfer IFQ must indicate the amount, in pounds, of the IFQ allocation transfer.
Information obtained from the transfer application will be held confidential, and will be
used only in summarized form for management of the fishery. If the applicants are
requesting a transfer of IFQ that has already been transferred in a given fishing year, both
parties must be up-to-date with all data reporting requirements (e.g., all necessary VMS
catch reports, VTR, and dealer data must be submitted) in order for the application to be
processed.
(B) Approval of IFQ transfer applications. Unless an application to transfer IFQ is denied
according to paragraph (h)(5)(iii)(C) of this section, the Regional Administrator shall issue
confirmation of application approval to both parties involved in the transfer within 30 days
of receipt of an application.
(C) Denial of transfer application. The Regional Administrator may reject an application to
transfer IFQ for any of the following reasons: The application is incomplete; the transferor
or transferee does not possess a valid limited access general category permit; the
transferor's or transferee's vessel or IFQ scallop permit has been sanctioned, pursuant to a
final administrative decision or settlement of an enforcement proceeding; the transfer will
result in the transferee's vessel having an allocation that exceeds 2.5 percent of the ACL
allocated to IFQ scallop vessels; the transfer will result in the transferee having a total
ownership of, or interest in, a general category scallop allocation that exceeds 5 percent of
the ACL allocated to IFQ scallop vessels; or any other failure to meet the requirements of
the regulations in 50 CFR part 648. Upon denial of an application to transfer IFQ, the
Regional Administrator shall send a letter to the applicants describing the reason(s) for
the rejection. The decision by the Regional Administrator is the final agency decision, and
there is no opportunity to appeal the Regional Administrator's decision. An application that
was denied can be resubmitted if the discrepancy(ies) that resulted in denial are resolved.
[73 FR 20123, Apr. 14, 2008]

Editorial Note: For FEDERAL REGISTER citations affecting § 648.53, see the List of CFR Sections Affected, which
appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 648.54 State waters exemption.
(a) State eligibility for exemption.
50 CFR 648.54(a) (enhanced display)

page 228 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.54(a)(1)

(1) A state may be eligible for a state waters exemption if it has a scallop fishery and a scallop
conservation program that does not jeopardize the biomass and fishing mortality/effort limit
objectives of the Scallop FMP.
(2) The Regional Administrator shall determine which states have a scallop fishery and which of those
states have a scallop conservation program that does not jeopardize the biomass and fishing
mortality/effort limit objectives of the Scallop FMP. In such case, the Regional Administrator shall
publish a rule in the FEDERAL REGISTER, in accordance with the Administrative Procedure Act, to
provide the exemption for such states.
(3) A state that has been issued a state waters exemption under paragraph (a)(4) of this section must
immediately notify the Regional Administrator of any changes in its scallop conservation program.
The Regional Administrator shall review these changes and, if a determination is made that the
state's conservation program jeopardizes the biomass and fishing mortality/effort limit objectives of
the FMP, or that the state no longer has a scallop fishery, the Regional Administrator shall publish a
rule in the FEDERAL REGISTER, in accordance with the Administrative Procedure Act, to eliminate the
exemption for that state.
(4) The Regional Administrator has determined that the State of Maine and Commonwealth of
Massachusetts both have a scallop fishery conservation program for its scallop fishery that does not
jeopardize the biomass and fishing mortality/effort limit objectives of the Scallop FMP. A vessel
fishing in State of Maine waters may fish under the State of Maine state waters exemption, subject
to the exemptions specified in paragraphs (b) and (c) of this section, provided the vessel is in
compliance with paragraphs (e) through (g) of this section. In addition, a vessel issued a Federal
Northern Gulf of Maine or Limited Access General Category Individual Fishing Quota permit fishing
in State of Maine or Commonwealth of Massachusetts waters may fish under their respective state
waters exemption specified in paragraph (d) of this section, provided the vessel is in compliance
with paragraphs (e) through (g) of this section.
(b) Limited access scallop vessel exemption. Any vessel issued a limited access scallop permit is exempt
from the DAS requirements specified in § 648.53(b) while fishing exclusively landward of the outer
boundary of the waters of a state that has been issued a state waters exemption under paragraph (a)(4)
of this section, provided the vessel complies with paragraphs (f) through (h) of this section.
(c) Gear and possession limit restrictions. Any vessel issued a limited access scallop permit, an LAGC NGOM,
or an LAGC IFQ scallop permit is exempt from the minimum twine top mesh size for scallop dredge gear
specified in § 648.51(b)(2) and (b)(4)(iv) while fishing exclusively landward of the outer boundary of the
waters of the State of Maine under the state waters exemption specified in paragraph (a)(4) of this
section, provided the vessel is in compliance with paragraphs (d) through (g) of this section.
(d) NGOM closure exemption. Any vessel issued a Federal scallop permit may be exempt from the regulations
specified in § 648.52(b)(2) requiring that once the NGOM Federal hard TAC is reached, no vessel issued a
scallop permit may fish in the NGOM area. This exemption, which a state must apply for through the
process specified in paragraph (a) of this section, would allow vessels to continue to fish for scallops
within a state's waters inside the NGOM. A state applying for this exemption must clarify to which scallop
permit types this exemption would apply.
(e) Notification requirements. Vessels fishing under the exemptions specified in paragraph (b), (c) and/or (d)
of this section must notify the Regional Administrator in accordance with the provisions of § 648.10(f).

50 CFR 648.54(e) (enhanced display)

page 229 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.54(f)

(f) Restriction on fishing in the EEZ. A vessel fishing under a state waters exemption may not fish in the EEZ
during the time in which it is fishing under the state waters exemption, as declared under the notification
requirements of this section.
(g) Duration of exemption. An exemption expires upon a change in the vessel's name or ownership, or upon
notification through VMS by the participating vessel's owner.
(h) Applicability of other provisions of this part. A vessel fishing under the exemptions provided by paragraph
(b) and/or (c) of this section remains subject to all other requirements of this part.
[69 FR 35215, June 23, 2004, as amended at 71 FR 33227, June 8, 2006; 73 FR 20128, Apr. 14, 2008; 74 FR 20555, May 4, 2009; 74
FR 37593, July 30, 2009; 78 FR 27104, May 9, 2013; 80 FR 22131, Apr. 21, 2015; 80 FR 60569, Nov. 6, 2015; 81 FR 76524, Nov. 3,
2016; 82 FR 49299, Oct. 25, 2017]

§ 648.55 Specifications and framework adjustments to management measures.
(a) Specifications.
(1) The Scallop Plan Development Team (PDT) shall meet at least every 2 years to assess the status of
the scallop resource and to develop and recommend the following specifications for a period of up
to 2 years, as well as second or third-year default measures, for consideration by the New England
Fishery Management Council's Atlantic Sea Scallop Oversight Committee and Advisory Panel: OFL,
overall ABC/ACL, sub-ACLs, sub-ACTs, DAS open area allocations, possession limits, modifications
to rotational area management (e.g., schedule, rotational closures and openings, seasonal
restrictions, modifications to boundaries, etc.), access area limited access poundage allocations and
LAGC IFQ fleet-wide trip allocations, annual incidental catch target TAC, and NGOM TAL.
(2) Based on the PDT recommendations and any public comments received, the Atlantic Sea Scallop
Oversight Committee shall recommend appropriate specifications to the New England Fishery
Management Council.
(3) The Council shall review these recommendations and, after considering public comments, shall
recommend appropriate specifications for up to 2 years, as well as second or third-year default
measures, to NMFS. NMFS shall approve, disapprove, or partially approve the specifications
recommended by the Council and publish the approved specifications in the FEDERAL REGISTER in
accordance with the APA.
(4) The PDT shall prepare a Stock Assessment and Fishery Evaluation (SAFE) Report at least every two
years that provides the information and analysis needed to evaluate potential management
adjustments. The preparation of the SAFE Report shall begin on or about June 1 of the year
preceding the fishing year in which measures will be adjusted.
(5) The PDT will meet at least once during the interim years to review the status of the stock relative to
the overfishing definition if information is available to do so. If the Council determines, based on
information provided by the PDT or other stock-related information, that the approved specifications
should be adjusted during the 2-year time period, it can do so through the same process outlined in
paragraphs (a)(2) through (a)(4) of this section during the interim year.
(6) Rotational area management guidelines. The Council's development of rotational area management
adjustments shall take into account at least the following factors: General rotation policy;
boundaries and distribution of rotational closures; number of closures; minimum closure size;
maximum closure extent; enforceability of rotational closed and re-opened areas; monitoring
50 CFR 648.55(a)(6) (enhanced display)

page 230 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.55(a)(7)

through resource surveys; and re-opening criteria. Rotational closures should be considered where
projected annual change in scallop biomass is greater than 30 percent. Areas should be considered
for Sea Scallop Rotational Areas where the projected annual change in scallop biomass is less than
15 percent.
(7) Second and Third-year default specifications. The specifications action shall include default
specifications that shall be effective in the second year after 1-year specifications and the third year
after the 2-year specifications expire until replaced by the measures included in the next
specifications action. If the specifications action is not published in the FEDERAL REGISTER with an
effective date on or before April 1, the following year's default specifications shall be effective
beginning April 1 of each fishing year until any new specifications action is implemented and made
effective during the second or third year, or for the entire fishing year if the specifications action is
not completed or is not implemented by NMFS during the following year. The specifications action
shall specify the measures necessary to address inconsistencies between specifications and default
allocations for the period after April 1 but before the specifications action is implemented for that
year. The default specifications, if implemented, shall remain in effect until they are revised through a
subsequent specifications action.
(b) [Reserved]
(c) OFL, overall ABC/ACL, sub-ACLs, and sub-ACTs. The Council shall specify OFL, ABC, ACL, and ACT, as
defined in § 648.53, for each year covered under the specifications.
(d) Yellowtail flounder and windowpane flounder sub-ACLs. The Council shall specify the yellowtail flounder
and windowpane flounder sub-ACLs allocated to the scallop fishery through the framework adjustment
process specified in § 648.90.
(e) Reserved]
(f) Framework adjustments. The Council may at any time initiate a framework adjustment to add or adjust
management measures within the Scallop FMP if it finds that action is necessary to meet or be
consistent with the goals and objectives of the FMP. The Council shall develop and analyze appropriate
management actions over the span of at least two Council meetings. To address interactions between the
scallop fishery and sea turtles and other protected species, such adjustments may include proactive
measures including, but not limited to, the timing of Sea Scallop Access Area openings, seasonal
closures, gear modifications, increased observer coverage, and additional research. 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 may include specifications
measures specified in paragraph (a) of this section, which must satisfy the criteria set forth § 648.53(a) in
order to prevent overfishing of the available biomass of scallops and ensure that OY is achieved on a
continuing basis. Other measures that may be changed or implemented through framework action
include:
(1) Total allowable catch and DAS changes;
(2) Shell height;
(3) Offloading window reinstatement;
(4) Effort monitoring;
(5) Data reporting;
50 CFR 648.55(f)(5) (enhanced display)

page 231 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.55(f)(6)

(6) Trip limits;
(7) Gear restrictions;
(8) Permitting restrictions;
(9) Crew limits;
(10) Small mesh line;
(11) Onboard observers;
(12) Modifications to the overfishing definition;
(13) VMS Demarcation Line for DAS monitoring;
(14) DAS allocations by gear type;
(15) Temporary leasing of scallop DAS requiring full public hearings;
(16) Scallop size restrictions, except a minimum size or weight of individual scallop meats in the catch;
(17) Aquaculture enhancement measures and closures;
(18) Closed areas to increase the size of scallops caught;
(19) Modifications to the opening dates of closed areas;
(20) Size and configuration of rotational management areas;
(21) Controlled access seasons to minimize bycatch and maximize yield;
(22) Area-specific trip allocations;
(23) TAC specifications and seasons following re-opening;
(24) Limits on number of area closures;
(25) Set-asides for funding research;
(26) Priorities for scallop-related research that is funded by research TAC set-aside;
(27) Finfish TACs for controlled access areas;
(28) Finfish possession limits;
(29) Sea sampling frequency;
(30) Area-specific gear limits and specifications;
(31) Modifications to provisions associated with observer set-asides; observer coverage; observer
deployment; observer service provider; and/or the observer certification regulations;
(32) Specifications for IFQs for limited access general category vessels;
(33) Revisions to the cost recovery program for IFQs;
(34) Development of general category fishing industry sectors and fishing cooperatives;
(35) Adjustments to the Northern Gulf of Maine scallop fishery measures;
(36) VMS requirements;
50 CFR 648.55(f)(36) (enhanced display)

page 232 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.55(f)(37)

(37) Increases or decreases in the LAGC possession limit;
(38) Adjustments to aspects of ACL management, including accountability measures;
(39) Adjusting EFH closed area management boundaries or other associated measures;
(40) 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
(41) Any other management measures currently included in the FMP.
(g) The Council may make recommendations to the Regional Administrator to implement measures in
accordance with the procedures described in this section to address gear conflict as defined under §
600.10 of this chapter. In developing such recommendation, the Council shall define gear management
areas, each not to exceed 2,700 mi2 (6,993 km2), and seek industry comments by referring the matter to
its standing industry advisory committee for gear conflict, or to any ad hoc industry advisory committee
that may be formed. The standing industry advisory committee or ad hoc committee on gear conflict shall
hold public meetings seeking comments from affected fishers and develop findings and
recommendations on addressing the gear conflict. After receiving the industry advisory committee
findings and recommendations, or at any other time, the Council shall determine whether it is necessary
to adjust or add management measures to address gear conflicts and which FMPs must be modified to
address such conflicts. If the Council determines that adjustments or additional measures are necessary,
it shall develop and analyze appropriate management actions for the relevant FMPs over the span of at
least two Council meetings. The Council shall provide the public with advance notice of the availability of
the recommendation, the appropriate justification and economic and biological analyses, and opportunity
to comment on them prior to and at the second or final Council meeting before submission to the
Regional Administrator. The Council's recommendation on adjustments or additions to management
measures for gear conflicts must come from one or more of the following categories:
(1) Monitoring of a radio channel by fishing vessels;
(2) Fixed-gear location reporting and plotting requirements;
(3) Standards of operation when gear conflict occurs;
(4) Fixed-gear marking and setting practices;
(5) Gear restrictions for specific areas (including time and area closures);
(6) VMS;
(7) Restrictions on the maximum number of fishing vessels or amount of gear; and
(8) Special permitting conditions.
(h) The measures shall be evaluated and approved by the relevant committees with oversight authority for the
affected FMPs. If there is disagreement between committees, the Council may return the proposed
framework adjustment to the standing or ad hoc gear conflict committee for further review and
discussion.
(i)

Unless otherwise specified, after developing a framework adjustment 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 publish the framework

50 CFR 648.55(i) (enhanced display)

page 233 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.55(i)(1)

adjustment as a final rule. If the Council recommends that the framework adjustment should be published
as a final rule, the Council must consider at least the following factors and provide support and analysis
for each factor considered:
(1) 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;
(2) Whether there has been adequate notice and opportunity for participation by the public and
members of the affected industry, consistent with the Administrative Procedure Act, in the
development of the Council's recommended management measures;
(3) Whether there is an immediate need to protect the resource or to impose management measures to
resolve gear conflicts; and
(4) Whether there will be a continuing evaluation of management measures adopted following their
promulgation as a final rule.
(j)

If the Council's recommendation includes adjustments or additions to management measures, and if,
after reviewing the Council's recommendation and supporting information:
(1) The Regional Administrator approves the Council's recommended management measures, the
Secretary may, for good cause found pursuant to the Administrative Procedure Act, waive the
requirement for a proposed rule and opportunity for public comment in the FEDERAL REGISTER. The
Secretary, in doing so, shall publish only the final rule. Submission of a recommendation by the
Council for a final rule does not affect the Secretary's responsibility to comply with the
Administrative Procedure Act; or
(2) The Regional Administrator approves the Council's recommendation and determines that the
recommended management measures should be published first as a proposed rule, the action shall
be published as a proposed rule in the FEDERAL REGISTER. After additional public comment, if the
Regional Administrator concurs with the Council recommendation, the action shall be published as a
final rule in the FEDERAL REGISTER; or
(3) The Regional Administrator does not concur, the Council shall be notified, in writing, of the reasons
for the non-concurrence.

(k) 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 43766, July 21, 2011, as amended at 77 FR 20740, Apr. 6, 2012; 79 FR 34262, June 16, 2014; 80 FR 37194, June 30, 2015;
81 FR 76524, Nov. 3, 2016; 87 FR 1699, Jan. 12, 2022]

§ 648.56 Scallop research.
(a) At least biennially, in association with the biennial framework process, the Council and NMFS shall
prepare and issue an announcement of Federal Funding Opportunity (FFO) that identifies research
priorities for projects to be conducted by vessels using research set-aside as specified in paragraph (d) of
this section and § 648.59(e), provides requirements and instructions for applying for funding of a
proposed RSA project, and specifies the date by which applications must be received. The FFO shall be

50 CFR 648.56(a) (enhanced display)

page 234 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.56(b)

published as soon as possible by NMFS and shall provide the opportunity for applicants to apply for
projects to be awarded for 1 or 2 years by allowing applicants to apply for RSA funding for the first year,
second year, or both.
(b) Proposals submitted in response to the FFO must include the following information, as well as any other
specific information required within the FFO: A project summary that includes the project goals and
objectives, the relationship of the proposed research to scallop research priorities and/or management
needs, project design, participants other than the applicant, funding needs, breakdown of costs, and the
vessel(s) for which authorization is requested to conduct research activities.
(c) NOAA shall make the final determination as to what proposals are approved and which vessels are
authorized to take scallops in excess of possession limits, or take additional trips into Open, Access
Areas, or the NGOM management area. NMFS shall provide authorization of such activities to specific
vessels by letter of acknowledgement, letter of authorization, or Exempted Fishing Permit issued by the
Regional Administrator, which must be kept on board the vessel.
(d) Available RSA allocation shall be 1.275 million lb (578 mt) annually, which shall be deducted from the
ABC/ACL specified in § 648.53(a) prior to setting ACLs for the limited access and LAGC fleets, as
specified in § 648.53(a)(3) and (4), respectively. Approved RSA projects shall be allocated an amount of
scallop allocation that can be harvested in open areas, available access areas, and the NGOM. The
specific access areas that are open to RSA harvest and the amount of NGOM allocation to be landed
through RSA harvest shall be specified through the framework process as identified in § 648.59(e)(1). In a
year in which a framework adjustment is under review by the Council and/or NMFS, NMFS shall make RSA
awards prior to approval of the framework, if practicable, based on total scallop allocation needed to fund
each research project. Recipients may begin compensation fishing in open areas prior to approval of the
framework, or wait until NMFS approval of the framework to begin compensation fishing within approved
access areas.
(e) If all RSA TAC is not allocated in a fishing year, and proceeds from compensation fishing for approved
projects fall short of funds needed to cover a project's budget due to a lower-than-expected scallop price,
unused RSA allocation can be provided to that year's awarded projects to compensate for the funding
shortfall, or to expand a project, rather than having that RSA go unused. NMFS shall identify the process
for the reallocation of available RSA pounds as part of the FFO for the RSA program. The FFO shall
specify the conditions under which a project that has been awarded RSA could be provided additional
RSA pounds as supplemental compensation to account for lower-than-expected scallop price or for
expansion of the project, timing of reallocation, and information submission requirements.
(f) If all RSA pounds awarded to a project cannot be harvested during the applicable fishing year, RSA TAC
awarded to that project may be harvested through June 30 of the fishing year subsequent to the fishing
year in which the set-aside is awarded.
(g) Vessels conducting research under an approved RSA project may be exempt from crew restrictions
specified in § 648.51, seasonal closures of access areas specified in § 648.60, and the restriction on
fishing in only one access area during a trip specified in § 648.59(b)(4). The RSA project proposal must
list which of these measures for which an exemption is required. An exemption shall be provided by Letter
of Authorization issued by the Regional Administrator. RSA compensation fishing trips and combined
compensation and research trips are not eligible for these exemptions.
(h) Upon completion of scallop research projects approved pursuant to this section and the applicable NOAA
grants review process, researchers must provide the Council and NMFS with a report of research findings,
which must include at least the following: A detailed description of methods of data collection and
50 CFR 648.56(h) (enhanced display)

page 235 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.56(i)

analysis; a discussion of results and any relevant conclusions presented in a format that is
understandable to a non-technical audience; and a detailed final accounting of all funds used to conduct
the sea scallop research.
(i)

Vessels on compensation fishing trips, harvesting scallops for RSA compensation, may not fish for, or
land scallops except for RSA compensation. Vessels on compensation fishing trips may not fish for, or
land scallops on DAS, access area allocation, or IFQ allocation.

[76 FR 43769, July 21, 2011, as amended at 77 FR 20740, Apr. 6, 2012; 81 FR 76525, Nov. 3, 2016; 83 FR 12862, Mar. 26, 2018; 86
FR 27049, May 19, 2021; 87 FR 1699, Jan. 12, 2022; 90 FR 16652, Apr. 21, 2025]

§§ 648.57-648.58 [Reserved]
§ 648.59 Sea Scallop Rotational Area Management Program and Access Area Program
requirements.
(a) The Scallop Rotational Area Management Program consists of Scallop Rotational Areas, as defined in §
648.2. Guidelines for this area rotation program (i.e., when to close an area and reopen it to scallop
fishing) are provided in § 648.55(a)(6). Whether a rotational area is open or closed to scallop fishing in a
given year, and the appropriate level of access by limited access and LAGC IFQ vessels, are specified
through the specifications or framework adjustment processes defined in § 648.55. When a rotational
area is open to the scallop fishery, it is called an Access Area and scallop vessels fishing in the area are
subject to the Scallop Access Area Program Requirements specified in this section. Areas not defined as
Scallop Rotational Areas specified in § 648.60, Habitat Management Areas specified in § 648.370, or
areas closed to scallop fishing under other FMPs, are governed by other management measures and
restrictions in this part and are referred to as Open Areas.
(1) Prohibition on Entering or Transiting a Scallop Rotational Area. On a declared scallop trip, a vessel
issued any Federal scallop permit may not enter, transit, fish for, possess, or land scallops in or from
a Scallop Rotational Area unless it is participating in, and complies with, the Scallop Access Area
Program Requirements defined in paragraphs (b) through (g) of this section, or if the vessel is
transiting a Scallop Rotational Area defined as “available for continuous transit” pursuant to
paragraph (a)(2) of this section. On a trip declared out of the federal scallop fishery, a vessel may
fish for species other than scallops within the rotational closed areas, provided the vessel does not
fish for, catch, possess, or retain scallops or intend to fish for, catch, possess, or retain scallops.
(2) Transiting a Scallop Rotational Area available for Continuous Transit. A vessel on a declared scallop
trip or possessing scallops may continuously transit, as defined in § 648.2, a Scallop Rotational
Area, if that area has been determined available for continuous transit, as specified in paragraph
(a)(2)(i) of this section, and the vessel's fishing gear is stowed and not available for immediate use
as defined in § 648.2.
(i)

Scallop Rotational Areas Available for Continuous Transit:

50 CFR 648.59(a)(2)(i) (enhanced display)

page 236 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.59(a)(2)(i)(A)

(A) Area 1 Scallop Transit Area.

TABLE 1 TO PARAGRAPH (a)(2)(i)(A)
Point

Latitude

Longitude

AIT1

40°58.2′ N

68°30′ W

AIT2

40°55.8′ N

68°46.8′ W

AIT3

41°3.0′ N

68°52.2′ W

AIT4

41°0.6′ N

68°58.2′ W

AIT1

40°58.2′ N

68°30′ W

(B) Area 1 Quad Scallop Rotational Areas, as defined in § 648.60(a).
(ii) [Reserved]
(b) A limited access scallop vessel may only fish in the Scallop Rotational Areas, defined in § 648.60, when
the areas are open (i.e., Access Areas), as specified through the specifications or framework adjustment
processes defined in § 648.55, subject to any additional restrictions specified in § 648.60, provided the
vessel complies with the requirements specified in paragraphs (b)(1) through (b)(9), and (c) through (f) of
this section. An LAGC scallop vessel may fish in the Scallop Rotational Areas, defined in § 648.60, when
the areas are open (i.e., Access Areas), as specified through the specifications or framework adjustment
processes defined in § 648.55, subject to any additional requirements specified in § 648.60, provided the
vessel complies with the requirements specified in paragraph (g) of this section.
(1) VMS. Each vessel participating in the Scallop Access Area Program must have installed on board an
operational VMS unit that meets the minimum performance criteria specified in §§ 648.9 and
648.10, and paragraphs (b)(9) and (f) of this section.
(2) Vessels participating in the Scallop Access Area Program must comply with the trip declaration
requirements specified in § 648.10(f) and vessel notification requirements specified in § 648.11(k)
for observer deployment.
(3) Scallop Rotational Access Area allocations —
(i)

Limited access vessel allocations and possession limits.
(A) Except as provided in paragraph (c) of this section, the specifications or framework
adjustment processes defined in § 648.55 determine the total amount of scallops, in
weight, that a limited access scallop vessel may harvest from Scallop Access Areas
during applicable seasons specified in § 648.60. A vessel may not possess or land in
excess of its scallop allocation assigned to specific Scallop Access Areas, unless
authorized by the Regional Administrator, as specified in paragraph (d) of this section,
unless the vessel owner has exchanged an area-specific scallop allocation with another
vessel owner for additional scallop allocation in that area, as specified in paragraph
(b)(3)(ii) of this section. A vessel may harvest its scallop allocation on any number of trips
in a given fishing year, provided that no single trip exceeds the possession limits specified

50 CFR 648.59(b)(3)(i)(A) (enhanced display)

page 237 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.59(b)(3)(i)(B)

in the specifications or framework adjustment processes defined in § 648.55, unless
authorized by the Regional Administrator, as specified in paragraphs (c) and (d) of this
section. No vessel declared into the Scallop Access Areas may possess more than 3,332
lb (1,511 kg) of in-shell scallops outside of the Scallop Rotational Area boundaries defined
in § 648.60.
(B) The following access area allocations and possession limits for limited access vessels
shall be effective for the 2025 and 2026 fishing years:
(1) Full-time vessels.
(i)

For a full-time limited access vessel, the possession limit and allocations are:

TABLE 2 TO PARAGRAPH (b)(3)(i)(B)(1)(i)

Rotational access area

Scallop possession limit

2025 Scallop
allocation

2026 Scallop
allocation
(default) 1

Area I

12,000 lb (5,443 kg) per trip

12,000 lb (5,443 kg)

0 lb (0 kg).

Area II

12,000 lb (5,443 kg) per trip

12,000 lb (5,443 kg)

0 lb (0 kg).

24,000 lb (10,886 kg)

0 lb (0 kg).

Total
1

The access area allocations for the 2026 fishing year are subject to change through a future
specifications action or framework adjustment.

(ii) [Reserved]
(2) Part-time vessels.
(i)

For a part-time limited access vessel, the possession limit and allocations are
as follows:

TABLE 3 TO PARAGRAPH (b)(3)(i)(B)(2)(i)

Rotational access area
Area I or Area II 1

Scallop possession limit
9,600 lb (4,354 kg) per trip

Total
1

2025 Scallop
allocation

2026 Scallop
allocation
(default)

9,600 lb (4,354 kg)

0 lb (0 kg).

9,600 lb (4,354 kg)

0 lb (0 kg).

Allocation can be fished in either Area I and/or Area II Access Areas.

(ii) [Reserved]
50 CFR 648.59(b)(3)(i)(B)(2)(ii) (enhanced display)

page 238 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.59(b)(3)(i)(B)(3)

(3) Occasional limited access vessels.
(i)

For the 2025 fishing year only, an occasional limited access vessel is allocated
2,000 lb (907 kg) of scallops with a trip possession limit at 2,000 lb of scallops
per trip (907 kg per trip). Occasional limited access vessels may harvest the
2,000 lb (907 kg) allocation from Area I or Area II Access Areas.

(ii) For the 2026 fishing year, occasional limited access vessels are not allocated
scallops in any rotational access area.
(ii) Limited access vessels' one-for-one area access allocation exchanges —
(A) Full-time limited access vessels.
(1) The owner of a vessel issued a full-time limited access scallop permit may exchange
unharvested scallop pounds allocated into one access area for another vessel's
unharvested scallop pounds allocated into another scallop access area. These
exchanges may be made only in 6,000 lb (2,722 kg) increments. For example, a fulltime vessel may exchange 12,000 lb (5,443 kg) from one access area for 12,000 lb
(5,443 kg) allocated to another full-time vessel for another access area. Further, a
full-time vessel may exchange 12,000 lb (5,443 kg) from one access area for 12,000
lb (5,443 kg) allocated to another full-time vessel for another access area. In
addition, these exchanges may be made only between vessels with the same permit
category (i.e., a full-time vessel may not exchange allocations with a part-time vessel,
and vice versa). Vessel owners must request these exchanges by submitting a
completed Access Area Allocation Exchange Form at least 15 days before the date
on which the applicant desires the exchange to be effective. Exchange forms are
available from the Regional Administrator upon request. Each vessel owner involved
in an exchange is required to submit a completed Access Area Allocation Form. The
Regional Administrator shall review the records for each vessel to confirm that each
vessel has enough unharvested allocation remaining in a given access area to
exchange. The exchange is not effective until the vessel owner(s) receive a
confirmation in writing from the Regional Administrator that the allocation exchange
has been made effective. A vessel owner may exchange equal allocations in 6,000 lb
(2,722 kg) increments between two or more vessels of the same permit category
under his/her ownership. A vessel owner holding a Confirmation of Permit History is
not eligible to exchange allocations between another vessel and the vessel for which
a Confirmation of Permit History has been issued.
(2) [Reserved]
(B) [Reserved]
(4) Area fished. While on a Scallop Access Area trip, a vessel may not fish for, possess, or land scallops
in or from areas outside the Scallop Access Area in which the vessel operator has declared the
vessel will fish during that trip, and may not enter or exit the specific declared Scallop Access Area
more than once per trip unless there is a compelling safety reason. A vessel on a Scallop Access
Area trip may not enter or be in another Scallop Access Area on the same trip except such vessel
may transit another Scallop Access Area as provided for under paragraph (a)(3) of this section.
(5) NE multispecies possession limits —

50 CFR 648.59(b)(5) (enhanced display)

page 239 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.59(b)(5)(i)

Maximum possession limit of NE Multispecies combined. A vessel owner or operator of a limited
access scallop vessel issued a valid NE multispecies permit as specified in § 648.4(a)(1), that
has declared into a Scallop Access Area and fishes within the open Scallop Rotational Area
boundaries defined in § 648.60, may fish for, possess, and land, per trip, up to a maximum of
1,000 lb (453.6 kg) of all NE multispecies combined, excluding yellowtail flounder, subject to the
minimum commercial fish size restrictions specified in § 648.83(a)(1), and the additional
restrictions for Atlantic cod, haddock, and yellowtail flounder specified in paragraphs (b)(5)(ii)
through (iv) of this section.

(ii) Atlantic cod. Such vessel may bring onboard and possess only up to 100 lb (45.4 kg) of Atlantic
cod per trip, provided such fish is intended for personal use only and cannot be not sold, traded,
or bartered.
(iii) Haddock. Such vessel may possess and land haddock up to the overall possession limit of all
NE multispecies combined, as specified in paragraph (b)(5)(ii) of this section, except that such
vessel are prohibited from possessing or landing haddock from January 1 through June 30.
(iv) Yellowtail flounder. Such vessel is prohibited from fishing for, possessing, or landing yellowtail
flounder.
(6) Gear restrictions.
(i)

The minimum ring size for dredge gear used by a vessel fishing on a Scallop Access Area trip is
4 inches (10.2 cm) in diameter. Dredge or trawl gear used by a vessel fishing on a Scallop
Access Area trip must be in accordance with the restrictions specified in § 648.51(a) and (b).

(ii) Vessels fishing in the Area II Scallop Rotational Area defined in § 648.60(b) are prohibited from
fishing with trawl gear as specified in § 648.51(f)(1).
(7) Transiting. While outside a Sea Scallop Access Area (i.e., in open areas) on a Scallop Access Area
trip, the vessel must have all fishing gear stowed and not available for immediate use as defined in §
648.2, unless there is a compelling safety reason to be transiting open areas without gear stowed.
Regulations pertaining to transiting Scallop Rotational Areas are provided for under paragraph (a)(3)
of this section.
(8) Off-loading restrictions. The vessel may not offload its catch from a Scallop Access Area trip at more
than one location per trip.
(9) Reporting. The owner or operator must submit scallop catch reports through the VMS, as specified in
§ 648.10(f)(4)(i), and limited access scallop access area pre-landing notification forms, as specified
in § 648.10(f)(4)(iii).
(c) Scallop Access Area scallop allocation carryover. With the exception of vessels that held a Confirmation of
Permit History as described in § 648.4(a)(2)(i)(J) for the entire fishing year preceding the carry-over year,
a limited access scallop vessel may fish any unharvested Scallop Access Area allocation from a given
fishing year within the first 60 days the access area is open in the subsequent fishing year, unless
otherwise specified in this section. However, the vessel may not exceed the Scallop Rotational Area trip
possession limit. For example, if a full-time vessel has 7,000 lb (3,175 kg) remaining in the Area II Access
Area at the end of fishing year 2024, that vessel may harvest those 7,000 lb (3,175 kg) during the first 60
days that the Area II Access Area is open in fishing year 2025 (May 15, 2025, through July 13, 2025).

50 CFR 648.59(c) (enhanced display)

page 240 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.59(d)

(d) Possession limit to defray the cost of observers. The Regional Administrator may increase the sea scallop
possession limit through the specifications or framework adjustment processes defined in § 648.55 to
defray costs of at-sea observers deployed on area access trips subject to the limits specified § 648.53(g).
An owner of a scallop vessel shall be notified of the increase in the possession limit through a permit
holder letter issued by the Regional Administrator. If the observer set-aside is fully utilized prior to the end
of the fishing year, the Regional Administrator shall notify owners of scallop vessels that, effective on a
specified date, the increase in the possession limit is no longer available to offset the cost of observers.
Unless otherwise notified by the Regional Administrator, vessel owners shall be responsible for paying the
cost of the observer, regardless of whether the vessel lands or sells sea scallops on that trip, and
regardless of the availability of set-aside for an increased possession limit. If a vessel does not land its
additional allowance on the trip while carrying an observer, the additional allowance will be added to the
vessel's IFQ allocation or the vessel's allocation for the Scallop Rotational Area that was fished. The
vessel may land the remainder of its allowance on a subsequent trip. However, the vessel may not exceed
the IFQ or Scallop Rotational Area trip possession limit, as described in § 648.52(a) or § 648.59(b),
respectively, unless it is actively carrying an observer.
(e) Sea Scallop Research Set-Aside Harvest in Scallop Access Areas. Unless otherwise specified, RSA may be
harvested in any access area that is open in a given fishing year, as specified through a specifications
action or framework adjustment and pursuant to § 648.56. The amount of scallops that can be harvested
in each access area by vessels participating in approved RSA projects shall be determined through the
RSA application review and approval process. The access areas open for RSA harvest for fishing years
2025 and 2026 are:
(1) 2025. Area I and II Scallop Rotational Access Areas.
(2) 2026. No access areas.
(f) VMS polling. All vessels issued a Federal scallop permit and equipped with a VMS unit shall be polled at a
minimum of once every 30 minutes when not on a declared federal scallop trip or when shoreward of the
VMS Demarcation Line. With the exception of vessels on a declared state waters exemption trip, all
vessels issued a Federal scallop permit and equipped with a VMS unit shall be polled at a minimum of
once every 5 minutes when on a declared federal scallop trip and seaward of the VMS Demarcation Line.
Vessel owners shall be responsible for paying the costs of VMS polling.
(g) Limited Access General Category vessels.
(1) An LAGC scallop vessel may only fish in the scallop rotational areas specified in § 648.60 or in
paragraph (g)(3)(iv) of this section, subject to any additional restrictions specified in § 648.60,
subject to the possession limit and access area schedule specified in the specifications or
framework adjustment processes defined in § 648.55, provided the vessel complies with the
requirements specified in paragraphs (b)(1), (2), and (6) through (9) and (d) through (g) of this
section. A vessel issued both a NE multispecies permit and an LAGC scallop permit may fish in an
approved SAP under § 648.85 and under multispecies DAS in the Area II and Area I, Scallop
Rotational Areas specified in § 648.60, when open, provided the vessel complies with the
requirements specified in this section and this paragraph (g), but may not fish for, possess, or land
scallops on such trips.
(2) Limited Access General Category Gear restrictions. An LAGC IFQ scallop vessel authorized to fish in
the Scallop Rotational Areas specified in § 648.60 that lay east of 72°30′ W. lat. must fish with
dredge gear only. The combined dredge width in use by, or in possession on board of, an LAGC
scallop vessel fishing in these areas may not exceed 10.5 ft (3.2 m). The combined dredge width in
50 CFR 648.59(g)(2) (enhanced display)

page 241 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.59(g)(3)

use by, or in possession on board of, an LAGC scallop vessel fishing in the remaining Scallop
Rotational Areas defined in § 648.60 may not exceed 31 ft (9.4 m). Dredge width is measured at the
widest point in the bail of the dredge.
(3) LAGC IFQ Access Area trips.
(i)

An LAGC scallop vessel authorized to fish in the Scallop Rotational Areas specified in § 648.60
or in paragraph (g)(3)(iv) of this section may land scallops, subject to the possession limit
specified in § 648.52(a)(2), unless the Regional Administrator has issued a notice that the
number of LAGC IFQ access area trips have been or are projected to be taken. All LAGC IFQ
access area trips must be taken in the fishing year that they are allocated (i.e., there are no
carryover trips). The total number of LAGC IFQ trips in an Access Area is specified in the
specifications or framework adjustment processes defined in § 648.55.

(ii) Scallops landed by each LAGC IFQ vessel on an access area trip shall count against the vessel's
IFQ.
(iii) Upon a determination from the Regional Administrator that the total number of LAGC IFQ trips
in a specified Access Area have been or are projected to be taken, the Regional Administrator
shall publish notification of this determination in the FEDERAL REGISTER, in accordance with the
Administrative Procedure Act. Once this determination has been made, an LAGC IFQ scallop
vessel may not fish for, possess, or land scallops in or from the specified Access Area after the
effective date of the notification published in the FEDERAL REGISTER.
(iv) Allocation of Scallop Access Area Trips. Unless otherwise specified by the Council through the
framework adjustment or specifications process defined in § 648.55, the LAGC IFQ access area
trip allocations, specified in paragraph (v) of this section, shall be set at 5.5 percent of the total
expected access area harvest for each year.
(v) LAGC IFQ access area allocations. The following LAGC IFQ access area trip allocations will be
effective for the 2025 and 2026 fishing years:

TABLE 4 TO PARAGRAPH (g)(3)(v)
Scallop access area
Area I/Area II 2
Total

2026 1

2025
571

0

571

0

1

The LAGC IFQ access area trip allocations for the 2026 fishing year are subject to change through a
future specifications action or framework adjustment.
2

LAGC Access Area trips can be taken in any of the available areas until the Regional Administrator
determines that the total number of LAGC IFQ trips have been or are projected to be taken.

(4) Possession limits —
(i)

Scallops.

50 CFR 648.59(g)(4)(i) (enhanced display)

page 242 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.59(g)(4)(i)(A)

(A) A vessel issued a NE multispecies permit and a general category scallop permit that is
fishing in an approved SAP under § 648.85 under multispecies DAS, and that has not
declared into the Scallop Access Area Program, is prohibited from possessing scallops.
(B) An LAGC scallop vessel authorized to fish in the Scallop Rotational Areas specified in §
648.60 may possess scallops up to the possession limit specified in § 648.52(a), unless
otherwise authorized pursuant to paragraph (d) of this section.
(ii) Other species. Unless issued an LAGC IFQ scallop permit and fishing under an approved NE
multispecies SAP under NE multispecies DAS, an LAGC IFQ vessel fishing in the Area II or Area
I Scallop Rotational Areas specified in § 648.60 is prohibited from possessing any species of
fish other than scallops and monkfish, as specified in § 648.94(c)(8)(i). Such a vessel may fish
in an approved SAP under § 648.85 and under multispecies DAS in the scallop access area,
provided that it has not declared into the Scallop Access Area Program. Such a vessel is
prohibited from fishing for, possessing, or landing scallops.
[81 FR 76525, Nov. 3, 2016, as amended at 82 FR 15162, Mar. 27, 2017; 83 FR 15263, Apr. 9, 2018; 83 FR 17309, Apr. 19, 2018; 84
FR 11443, Apr. 1, 2019; 85 FR 7442, Feb. 7, 2020; 85 FR 17762, Mar. 31, 2020; 86 FR 27049, May 19, 2021; 87 FR 1699, Jan. 12,
2022; 87 FR 18285, Mar. 30, 2022; 88 FR 19567, Apr. 3, 2023; 89 FR 20350, Mar. 22, 2024; 90 FR 16652, Apr. 21, 2025]

§ 648.60 Sea Scallop Rotational Areas.
(a) Area I-Rotational Area —
(1) Area I-Rotational Area definition. The Area I Rotational Area is defined by straight lines connecting the
following points in the order stated (copies of a chart depicting this area are available from the
Regional Administrator upon request):

TABLE 1 TO PARAGRAPH (a)(1)
Point

Latitude

Longitude

AI1

40°55.0′ N

68°53.4′ W

AI2

41°30.0′ N

69°23.0′ W

AI3

41°30.0′ N

68°30.0′ W

AI4

40°58.0′ N

68°30.0′ W

AI1

40°55.0′ N

68°53.4′ W

(2) Season. A vessel issued a scallop permit may not fish for, possess, or land scallops in or from the
area known as the Area I Scallop Rotational Access Area, defined in paragraph (a)(1) of this section,
during the period from April 1 to May 15 of each year the Area I Access Area is open to scallop
vessels, unless transiting pursuant to § 648.59(a).
(b) Area II Scallop Rotational Area —

50 CFR 648.60(b) (enhanced display)

page 243 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.60(b)(1)

(1) Area II Scallop Rotational Area boundary. The Area II Scallop Rotational Area is defined by straight
lines connecting the following points in the order stated (copies of a chart depicting this area are
available from the Regional Administrator upon request):

TABLE 2 TO PARAGRAPH (b)(1)
Point

N latitude

W longitude

Note

AII1

41°30′

67°20′

AII2

41°30′

(a )

(b )

AII3

40°40′

(c)

(b )

AII4

40°40′

67°20′

AII1

41°30′

67°20′

a

The intersection of lat. 41°30′ N and the United States-Canada Maritime Boundary, approximately lat.
41°30′ N, long. 66°34.73′ W.
b

From Point AII2 connected to Point AII3 along the United States-Canada Maritime Boundary.

c

The intersection of lat. 40°40′ N and the United States-Canada Maritime Boundary, approximately lat.
40°40′ N and long. 65°52.61′ W.

(2) Season.
(i)

A vessel issued a scallop permit may not fish for, possess, or land scallops in or from the area
known as the Area II Scallop Rotational Access Area, defined in paragraph (b)(1) of this section,
during the period of November 15 to May 15 of each year the Area II Access Area is open to
scallop vessels, unless transiting pursuant to § 648.59(a).

(ii) [Reserved]
(c)—(f) [Reserved]
(g) Nantucket Lightship Scallop Rotational Area —
(1) Nantucket Lightship Scallop Rotational Area definition. The Nantucket Lightship Scallop Rotational
Area is defined by straight lines connecting the following points in the order stated (copies of a chart
depicting this area are available from the Regional Administrator upon request):

TABLE 3 TO PARAGRAPH (g)(1)
Point

Latitude

Longitude

NL1

40°20.0′ N

69°30.0′ W

NL2

40°20.0′ N

68°48.0′ W

NL3

40°33.0′ N

68°48.0′ W

50 CFR 648.60(g)(1) (enhanced display)

page 244 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.60(g)(2)

Latitude

Longitude

NL4

40°33.0′ N

69°00.0′ W

NL5

40°50.0′ N

68°60.0′ W

NL6

40°50.0′ N

69°30.0′ W

NL1

40°20.0′ N

69°30.0′ W

(2) [Reserved]
(h) Elephant Trunk Scallop Rotational Area —
(1) Elephant Trunk Scallop Rotational Area definition. The Elephant Trunk Scallop Rotational Area is
defined by straight lines connecting the following points in the order stated (copies of a chart
depicting this area are available from the Regional Administrator upon request):

TABLE 4 TO PARAGRAPH (h)(1)
Point

Latitude

Longitude

ET1

38°50.0′ N

74°20.0′ W

ET2

38°50.0′ N

73°30.0′ W

ET3

38°10.0′ N

73°30.0′ W

ET4

38°10.0′ N

74°20.0′ W

ET1

38°50.0′ N

74°20.0′ W

(2) [Reserved]
(j)

[Reserved]

[85 FR 17764, Mar. 31, 2020, as amended at 86 FR 27051, May 19, 2021; 87 FR 18287, Mar. 30, 2022; 88 FR 19568, Apr. 3, 2023; 89
FR 20351, Mar. 22, 2024; 90 FR 16653, Apr. 21, 2025]

§ 648.61 [Reserved]
§ 648.62 Northern Gulf of Maine (NGOM) Management Program.
(a) The NGOM scallop management area is the area north of 42°20′ N lat. and within the boundaries of the
Gulf of Maine Scallop Dredge Exemption Area as specified in § 648.80(h)(3)(i). To fish for or possess
scallops in the NGOM scallop management area, a vessel must have been issued a scallop permit as
specified in § 648.4(a)(2).
(1) A vessel fishing under a NGOM scallop permit may only fish for scallops in the NGOM scallop
management area.
50 CFR 648.62(a)(1) (enhanced display)

page 245 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.62(a)(2)

(2) Scallop landings by vessels issued NGOM permits shall be deducted from the NGOM Set-Aside, as
defined in § 648.53(a)(8)(iii), and specified in paragraph (b)(1) of this section, when vessels fished all
or part of a trip in the Federal waters portion of the NGOM. If a vessel with a NGOM scallop permit
fishes exclusively in state waters within the NGOM, scallop landings from those trips will not be
deducted from the NGOM Set-Aside.
(3) Scallop landings by all vessels issued LAGC IFQ scallop permits and fishing in the NGOM scallop
management area against the NGOM Set-Aside, as defined in § 648.53(a)(8)(iii), shall be deducted
from NGOM Set-Aside specified in paragraph (b)(1) of this section. Scallop landings by LAGC IFQ
scallop vessels fishing in the NGOM scallop management area shall be deducted from their
respective scallop IFQs. Landings by vessels with incidental permits shall not be deducted from the
NGOM total allowable catch specified in paragraph (b) of this section.
(4) A vessel issued a NGOM scallop permit may possess scallops outside the NGOM management unit
if all fishing gear is stowed and not available for immediate use as defined in § 648.2.
(5) Scallop landings by all vessels issued scallop permits and fishing in the NGOM under the scallop
RSA program (as specified in § 648.56) shall be deducted from the overall RSA allocation.
(b) NGOM Scallop Fishery landings limits.
(1) The following landings limits will be effective for the NGOM for the 2025 and 2026 fishing years.

TABLE 1 TO PARAGRAPH (b)(1)
Landings limits

2026 1
(lb)

2025
(lb)
712,093

534,070 lb.2

1 percent NGOM ABC for Observers

11,530

11,530 lb.2

RSA Contribution

25,000

25,000.

NGOM Set-Aside

675,563

506,672.

( 3)

(3).

NGOM TAL

NGOM APL
1

The landings limits for the 2026 fishing year are subject to change through a future specifications
action or framework adjustment.
2

The catch limits for the 2026 fishing year are subject to change through a future specifications action
or framework adjustment. This includes the setting of an APL for 2026 that will be based on the 2024
annual scallop surveys.
3

NGOM APL is set when the NGOM Set-Aside is above 800,000 lb (362,874 kg).

(2) Unless a vessel has fished for scallops outside of the NGOM scallop management area and is
transiting the NGOM scallop management area with all fishing gear stowed and not available for
immediate use as defined in § 648.2, no vessel issued an LAGC scallop permit pursuant to §
648.4(a)(2) may possess, retain, or land scallops in the NGOM scallop management area once the
Regional Administrator has provided notification in the FEDERAL REGISTER that the NGOM Set-Aside in
accordance with paragraph (b)(1) of this section has been reached, unless the vessel is participating
50 CFR 648.62(b)(2) (enhanced display)

page 246 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.62(b)(3)

in the scallop RSA program as specified in § 648.56 and has been allocated NGOM RSA pounds.
Once the NGOM Set-Aside is reached, a vessel issued a NGOM permit may no longer declare a stateonly NGOM scallop trip and fish for scallops exclusively in state waters within the NGOM, unless
participating in the state waters exemption program as specified in § 648.54. A vessel that has not
been issued a Federal scallop permit that fishes exclusively in state waters is not subject to the
closure of the NGOM scallop management area.
(3) If the NGOM Set-Aside is exceeded, the amount of NGOM scallop landings in excess of the NGOM
Set-Aside specified in paragraph (b)(1) of this section shall be deducted from the NGOM Set-Aside
for the subsequent fishing year, or, as soon as practicable, once scallop landings data for the NGOM
management area is available.
(c) VMS requirements. Except scallop vessels issued a Federal scallop permit pursuant to § 648.4(a)(2)(i)
that have declared a NGOM trip under the scallop RSA program, a vessel issued a scallop permit pursuant
to § 648.4(a)(2) that intends to fish for scallops in the NGOM scallop management area or fishes for,
possesses, or lands scallops in or from the NGOM scallop management area, must declare a NGOM
scallop management area trip and report scallop catch through the vessel's VMS unit, as required in §
648.10. If the vessel has a NGOM or IFQ permit, the vessel must declare either a Federal NGOM trip or a
state-waters NGOM trip. If a vessel intends to fish any part of a NGOM trip in Federal NGOM waters, it
may not declare into the state water NGOM fishery.
(d) Gear restrictions. Except scallop vessels issued a limited access scallop permit pursuant to §
648.4(a)(2)(i) that have properly declared a NGOM trip under the scallop RSA program, the combined
dredge width in use by, or in possession on board, LAGC scallop vessels fishing in the NGOM scallop
management area may not exceed 10.5 ft (3.2 m), measured at the widest point in the bail of the dredge.
(e) Platts Bank Scallop Rotational Closed Area.
(1) For fishing years 2024 and 2025, a vessel issued a Federal scallop permit on a declared scallop trip
may not enter, transit, fish for, possess, or land scallops in or from the Platts Bank Scallop Rotational
Closed Area.
(2) The Platts Bank Scallop Rotational Closed Area is defined by straight lines connecting the following
points in the order stated (copies of a chart depicting this area are available from the Regional
Administrator upon request):

TABLE 2 TO PARAGRAPH (e)(2)
Point

N latitude

W longitude

PB1

43°13.8′

69°43.8′

PB2

43°13.8′

69°31.2′

PB3

43°5.4′

69°31.2′

PB4

43°5.4′

69°43.8′

50 CFR 648.62(e)(2) (enhanced display)

page 247 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
PB1

50 CFR 648.63

N latitude
43°13.8′

W longitude
69°43.8′

[73 FR 20131, Apr. 14, 2008, as amended at 75 FR 36576, June 28, 2010; 76 FR 43770, 43797, July 21, 2011; 77 FR 20741, Apr. 6,
2012; 78 FR 27108, May 9, 2013; 79 FR 52580, Sept. 4, 2014; 81 FR 26786, May 4, 2016; 81 FR 76529, Nov. 3, 2016; 82 FR 15163,
Mar. 27, 2017; 83 FR 12862, Mar. 26, 2018; 84 FR 11445, Apr. 1, 2019; 85 FR 2324, Jan. 15, 2020; 85 FR 17766, Mar. 31, 2020; 86
FR 27051, May 19, 2021; 87 FR 18287, Mar. 30, 2022; 88 FR 19569, Apr. 3, 2023; 89 FR 20352, Mar. 22, 2024; 90 FR 16654, Apr. 21,
2025]

§ 648.63 General category Sectors and harvesting cooperatives.
(a) Procedure for implementing Sector allocation proposals.
(1) Any person may submit a Sector allocation proposal for a group of LAGC scallop vessels to the
Council, at least 1 year in advance of the start of the proposed sector, and request that the Sector be
implemented through a framework procedure specified at § 648.55, in accordance with the
conditions and restrictions of this section.
(2) Upon receipt of a Sector allocation proposal, the Council must decide whether to initiate such
framework. Should a framework adjustment to authorize a Sector allocation be initiated, the Council
shall follow the framework adjustment provisions of § 648.55. Any framework adjustment developed
to implement a Sector allocation proposal must be in compliance with the general requirements
specified in paragraphs (b) and (c) of this section. Vessels that do not join a Sector remain subject to
the LAGC scallop vessel regulations for non-Sector vessels specified under this part.
(b) General requirements applicable to all Sector allocations. All Sectors approved under the provisions of
paragraph (a) of this section must submit the documents specified under paragraphs (a)(1) and (c) of this
section, and comply with the conditions and restrictions of this paragraph (b).
(1) Participation.
(i)

Only LAGC scallop vessels are eligible to form Sectors, and Sectors may choose which eligible
permit holders to include or exclude in the sector, consistent with all applicable law. A Sector
may establish additional criteria for determining its membership, provided such criteria are
specified in the Sector's operations plan and are consistent with all applicable law. Any
interested group that meets the eligibility criteria may submit a proposal for a Sector. To initiate
the process of Sector creation, a group (two or more) of permit holders must agree to
cooperate and submit a binding plan for management of that Sector's allocation of total
allowable catch. Vessels that do not choose to participate in a sector will fish under the IFQ
program and remain in the non-sector scallop fishery.

(ii) Participation by incidental catch or NGOM scallop vessels in the Sector is subject to approval
by the Council as part of the action that implements the Sector allocation, provided the details
of such participation are specified in the Sector's operations plan. A Sector allocation may be
harvested by non-Sector members, provided the Sector operations plan specifies that the
Sector may authorize non-Sector vessels to harvest the Sector allocation. In this case, if the
Sector is approved, the landings history of the participating non-Sector vessels may not be
50 CFR 648.63(b)(1)(ii) (enhanced display)

page 248 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.63(b)(1)(iii)

used in the calculation of future Sector shares and may not be used as scallop catch history for
such vessels. The operations plan must specify how such participating non-Sector shall be
subject to the rules of the Sector.
(iii) Once a vessel operator and/or vessel owner signs a binding contract to have his/her vessel
participate in a Sector, that vessel must remain in the Sector for the remainder of the fishing
year.
(iv) Vessels that fish in the LAGC scallop fishery outside the Sector allocation in a given fishing year
may not participate in a Sector during that same fishing year, unless the Operations Plan
provides an acceptable method for accounting for IFQ used, or catch by the vessel, prior to
implementation of the Sector.
(v) Once a vessel operator and/or vessel owner has agreed to participate in a Sector as specified in
paragraph (b)(1)(iii) of this section, that vessel must remain in the Sector for the entire fishing
year. If a permit is transferred by a Sector participant during the fishing year, the new owner
must also comply with the Sector regulations for the remainder of the fishing year.
(vi) Vessels and vessel operators and/or vessel owners removed from a Sector for violation of the
Sector rules will not be eligible to fish under the scallop regulations for non-Sector vessels
specified under this part either for any period specified in the final decision of penalty or
sanction.
(vii) If a pre-existing Sector accepts a new member, the percentage share brought to the Sector is
based on that vessel's average qualification landings at the time it joins the Sector (i.e., the
vessel is treated as a “Sector of one” and a share based on the appropriate adjusted TACs is
calculated). This new single-vessel-Sector share is added to the existing Sector. If a vessel
leaves a Sector, that Sector's share is reduced by the individual vessel share the exiting vessel
had when it joined the Sector.
(viii) A vessel may not be a member of more than one Sector. Once a vessel enters into a Sector, it
cannot fish during that fishing year under the regulations that apply to the common pool.
Additionally, vessels cannot shift from one Sector to another during a single fishing year.
Therefore, if a vessel leaves a Sector for any reason, it cannot participate in the general
category scallop fishery during the remainder of that fishing year
(2) Allocation of TAC to Sectors.
(i)

The sector allocation shall be equal to a percentage share of the ACL allocation for IFQ scallop
vessels specified in § 648.53(a), similar to an IFQ scallop vessel's IFQ as specified in §
648.53(h). The sector's percentage share of the IFQ scallop fishery ACL catch shall not change,
but the amount of allocation based on the percentage share will change based on the ACL
specified in § 648.53(a).

(ii) Sector share determination. When a Sector proposal is submitted, NMFS shall verify the
contribution percentage as specified in § 648.53(h)(2)(iii) for each vessel listed as a Sector
member. The Sector's share shall be the sum of the participating vessels' contribution
percentages.
(iii) A sector shall not be allocated more than 20 percent of the ACL for IFQ vessels defined in §
648.53(a)(4).

50 CFR 648.63(b)(2)(iii) (enhanced display)

page 249 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.63(b)(3)

(3) Once a Sector's allocation is projected to be harvested, Sector operations will be terminated for the
remainder of the fishing year.
(4) If a Sector's allocation is exceeded in a given fishing year, the Sector, each vessel, and vessel
operator and/or vessel owner participating in the Sector may be charged jointly and severally for civil
penalties and permit sanction pursuant to 15 CFR part 904. If a Sector exceeds its allocation in more
than one fishing year, the Sector's authorization to operate may be withdrawn.
(5) A vessel operator and/or vessel owner participating in a Sector is not subject to the limit on the
vessel's catch based on the vessel's own IFQ or contribution percentage as defined in §
648.53(h)(2)(iii), provided the vessel is participating in the Sector and carries on board a Letter of
Authorization to participate in the Sector and exempts the vessel from its IFQ limit and any other
related measures. The Sector shall determine how the Sector's allocation will be divided between its
participating vessels, regardless of whether the catch by a participating vessel exceeds that vessel's
own IFQ.
(6) Each vessel operator and/or vessel owner fishing under an approved Sector must comply with all
scallop management measures of this part and other applicable law, unless exempted under a Letter
of Authorization, as specified in paragraph (b)(11) of this section. 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 (c) of this section and the Letter of
Authorization issued pursuant to paragraph (b)(11) of this section. It shall be unlawful to violate any
such conditions and requirements and each Sector, vessel, and vessel operator and/or vessel owner
participating in the Sector may be charged jointly and severally for civil penalties and permit
sanctions pursuant to 15 CFR part 904.
(7) Approved Sectors must submit an annual year-end report to NMFS and the Council, within 60 days of
the end of the fishing year, that summarizes the fishing activities of its members, including harvest
levels of all federally managed species by Sector vessels, enforcement actions, and other relevant
information required to evaluate the performance of the Sector.
(8) It shall be the responsibility of each Sector to track its activity and internally enforce any provisions
adopted through procedures established in the operations plan and agreed to through the Sector
contract. Sector contracts should describe graduated sanctions, including grounds for expulsion of
Sector member vessels. The Sector and participating Sector vessels shall be subject to NMFS
enforcement action for violations of the regulations pertaining to Sectors and other regulations
under 50 CFR part 648. Vessels operating within a Sector are responsible for judgments against the
Sector. Sector operations plans shall specify how a Sector will monitor its landings to assure that
Sector landings do not exceed the Sector allocation. At the end of the fishing year, NMFS shall
evaluate landings using VMS and any other available information to determine whether a Sector has
exceeded any of its allocations based on the list of participating vessels submitted in the operations
plan. If a Sector exceeds its TAC, the Sector may have its authorization as a Sector withdrawn by the
Regional Administrator, after consultation with the Council, and may be subject to enforcement
action.
(9) Permanent or temporary transfers of allocation between Sectors or between Sector and non-Sector
participants is prohibited. For purposes of harvesting a Sector allocation only, vessels under contract
to a Sector are assumed to be part of that Sector for the duration of that contract.
(10) The Sector allocation proposal must contain an appropriate analysis that assesses the impact of the
proposed Sector, in compliance with the National Environmental Policy Act.
50 CFR 648.63(b)(10) (enhanced display)

page 250 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.63(b)(11)

(11) If a Sector is approved as specified in paragraph (d)(3) of this section, the Regional Administrator
shall issue a Letter of Authorization to each vessel operator and/or owner for the participating
Sector vessel. The Letter of Authorization shall authorize participation in the Sector operations and
may exempt the participating vessel from the requirement that the vessel cannot exceed its own IFQ
and related measures. The Letter of Authorization may include requirements and conditions deemed
necessary to ensure effective administration of and compliance with the Sector's operations plan
and the Sector's allocation.
(c) Operations plans.
(1) A group that wants to form a Sector and receive an allocation must submit a legally binding
operations plan to the Council and the Regional Administrator. The operations plan must be agreed
upon and signed by all members of the Sector and, if approved, shall constitute a contract.
(2) The operations plan among all of the Sector members must have, at a minimum, the following
components:
(i)

A list of all participants;

(ii) A contract signed by all participants indicating their agreement to abide by the operations plan;
(iii) An entity name, address, phone number, and the name and contact information for a Sector
representative (a manager or director) that NMFS can contact regarding Sector management
issues;
(iv) A plan explaining how the Sector will harvest its allocation, including methods to inform NMFS
of changes in those arrangements over the year;
(v) The original distribution of catch history of vessels in the Sector (maintaining vessel data
confidentiality);
(vi) A plan detailing how the Sector will avoid exceeding its allocated TACs, including provisions for
monitoring and enforcement of the Sector regulations, and documenting all landings and
discards;
(vii) Rules for entry to and exit from the Sector, including sanctions and procedures for removing
members who do not comply with the operations plan;
(viii) Procedure for notifying NMFS if a member is no longer part of the Sector and the reason for
leaving;
(ix) The process through which the operations plan can be amended by Sector members;
(x) If the Sector plans to authorize non-Sector vessels to harvest scallops allocated to the Sector,
details of such arrangements must be described in the operations plan;
(xi) Any documents and analyses necessary to comply with the National Environmental Protection
Act must be submitted to NMFS. The development of the analytical document is the
responsibility of the applicants.
(xii) Any other information determined to be necessary and appropriate.
(d) Sector review, approval, and revocation.

50 CFR 648.63(d) (enhanced display)

page 251 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.63(d)(1)

(1) A Sector shall submit its operations plan and any NEPA documents to the Regional Administrator
and the Council no less than 1 year prior to the date that it wishes to begin operations under the
Sector. The Council shall consider this plan in the course of the periodic framework adjustment or
specification process and may, if approved, implement it through either of those processes. After
Council approval of a Sector, the details of its operation shall be addressed between the Sector and
NMFS, although the New England Fishery Management Council may review and provide comment on
the proposed details.
(2) The Regional Administrator may withdraw approval of a Sector at any time if he/she, in consultation
with the New England Fishery Management Council, determines 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 shall be completed after notice and comment rulemaking, pursuant to the
Administrative Procedure Act.
(3) A Sector is required to resubmit its operations plan to the Regional Administrator no later than July 1
of each year, whether or not the plan has changed. Once the submission documents specified under
paragraphs (a)(1) and (c)(2) of this section have been determined to comply with the requirements
of this section, NMFS may consult with the Council and shall approve or disapprove Sector
operations consistent with applicable law.
[73 FR 20131, Apr. 14, 2008, as amended at 77 FR 20741, Apr. 6, 2012; 81 FR 76530, Nov. 3, 2016]

§ 648.64 Flounder Stock sub-ACLs and AMs for the scallop fishery.
(a) As specified in § 648.55(d), and pursuant to the biennial framework adjustment process specified in §
648.90, the scallop fishery shall be allocated a sub-ACL for the Georges Bank and Southern New England/
Mid-Atlantic stocks of yellowtail flounder and the northern and southern stocks of windowpane flounder.
The sub-ACLs for the yellowtail flounder stocks and the windowpane flounder stocks are specified in §
648.90(a)(4)(iii)(C) and (E) of the NE multispecies regulations, respectively.
(b) Accountability Measure Areas —
(1) Georges Bank Accountability Measure Area. The Georges Bank Accountability Measure Area is
defined by straight lines, except where noted, connecting the following points in the order stated
(copies of a chart depicting this area are available from the Regional Administrator upon request):

Point

N latitude

W longitude

Note

GBAM1

41°30′

67°20′

GBAM2

41°30′

( 1)

( 2)

GBAM3

40°30′

( 3)

( 2)

1

The intersection of 41°30′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°30′ N lat.,
66°34.73′ W long.
2

From Point GBAM2 connected to Point GBAM3 along the U.S.-Canada Maritime Boundary.

3

The intersection of 40°30′ N lat. and the U.S.-Canada Maritime Boundary, approximately, 65°44.34′ W
long.

50 CFR 648.64(b)(1) (enhanced display)

page 252 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.64(b)(2)

N latitude

W longitude

Note

GBAM4

40°30′

67°20′

GBAM1

41°30′

67°20′

1

The intersection of 41°30′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°30′ N lat.,
66°34.73′ W long.
2

From Point GBAM2 connected to Point GBAM3 along the U.S.-Canada Maritime Boundary.

3

The intersection of 40°30′ N lat. and the U.S.-Canada Maritime Boundary, approximately, 65°44.34′ W
long.

(2) Mid-Atlantic Accountability Measure Area. The Mid-Atlantic Accountability Measure Areas is defined
as the area west of 71° W Long., outside of the Sea Scallop Access Areas.
(c) Gear restriction. When subject to an accountability measure gear restricted area as described in
paragraphs (d) through (g) of this section, a vessel must fish with scallop dredge gear that conforms to
the following restrictions:
(1) No more than 5 rows of rings shall be used in the apron of the dredge. The apron is on the top side of
the dredge, extends the full width of the dredge, and is the rows of dredge rings that extend from the
back edge of the twine top (i.e., farthest from the dredge frame) to the clubstick; and
(2) The maximum hanging ratio for a net, net material, or any other material on the top of a scallop
dredge (twine top) possessed or used by vessels fishing with scallop dredge gear does not exceed
1.5 meshes per 1 ring overall. This means that the twine top is attached to the rings in a pattern of
alternating 2 meshes per ring and 1 mesh per ring (counted at the bottom where the twine top
connects to the apron), for an overall average of 1.5 meshes per ring for the entire width of the twine
top. For example, an apron that is 40 rings wide subtracting 5 rings one each side of the side pieces,
yielding 30 rings, would only be able to use a twine top with 45 or fewer meshes so that the overall
ratio of meshes to rings did not exceed 1.5 (45 meshes/30 rings = 1.5).
(3) Vessels may not fish for scallops with trawl gear when the gear restricted area accountability
measure is in effect.
(d) Georges Bank Yellowtail Flounder Accountability measure.
(1) Unless otherwise specified in § 648.90(a)(5)(iv) of the NE multispecies regulations, if the Georges
Bank yellowtail flounder sub-ACL for the scallop fishery is exceeded and an accountability measure
is triggered as described in § 648.90(a)(5)(iv), the Georges Bank Accountability Measure Area,
described in paragraph (b)(1) of this section, shall be considered the Georges Bank Yellowtail
Flounder Gear Restricted Area. Scallop vessels fishing in that area for the period of time specified in
paragraph (d)(2) of this section must comply with the gear restrictions specified in paragraph (c) of
this section.

50 CFR 648.64(d)(1) (enhanced display)

page 253 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.64(d)(2)

(2) Duration of gear restricted area. The Georges Bank Yellowtail Flounder Gear Restricted Area shall
remain in effect for the period of time based on the corresponding percent overage of the Georges
Bank yellowtail flounder sub-ACL, as follows:

Duration of gear
restriction

Percent overage of sub-ACL
20 or less

November 15 through December 31.

Greater than 20

April through March (year round).

(e) SNE/MA yellowtail flounder accountability measure.
(1) Unless otherwise specified in § 648.90(a)(5)(iv) of the NE multispecies regulations, if the SNE/MA
yellowtail flounder sub-ACL for the scallop fishery is exceeded and an accountability measure is
triggered as described in § 648.90(a)(5)(iv), the Mid-Atlantic Accountability Measure Area, described
in paragraph (b)(2) of this section, shall be considered the SNE/MA Yellowtail Flounder Gear
Restricted Area. Scallop vessels participating in the DAS, or LAGC IFQ scallop fishery for the period
of time specified in paragraph (e)(2) of this section must comply with the gear restrictions specified
in paragraph (c) of this section when fishing in open areas. This accountability measure does not
apply to scallop vessels fishing in Sea Scallop Access Areas.
(2) Duration of gear restricted area. The SNE/MA Yellowtail Flounder Gear Restricted Area shall remain in
effect for the period of time based on the corresponding percent overage of the SNE/MA yellowtail
flounder sub-ACL, as follows:

Duration of gear
restriction

Percent overage of sub-ACL
20 or less

April.

Greater than 20

April through May.

(f) Northern windowpane flounder accountability measure.
(1) Unless otherwise specified in § 648.90(a)(5)(iv) of the NE multispecies regulations, if the Northern
windowpane flounder sub-ACL for the scallop fishery is exceeded and an accountability measure is
triggered as described in § 648.90(a)(5)(iv), the Georges Bank Accountability Measure Area,
described in (b)(1) of this section, shall be considered the Northern Windowpane Flounder Gear
Restricted Area. Scallop vessels fishing in that area for the period of time specified in paragraph
(f)(2) of this section must comply with the gear restrictions specified in paragraph (c) of this section.

50 CFR 648.64(f)(1) (enhanced display)

page 254 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.64(f)(2)

(2) The Northern Windowpane Flounder Gear Restricted Area shall remain in effect for the period of time
based on the corresponding percent overage of the northern windowpane flounder sub-ACL, as
follows:

TABLE 4 TO PARAGRAPH (f)(2): NORTHERN WINDOWPANE FLOUNDER GEAR
RESTRICTED AREA ACCOUNTABILITY MEASURE DURATION
Percent overage of sub-ACL

Duration of gear restriction

20 or less

November 15 through December 31.

Greater than 20

April through March (year-round).

(g) Southern windowpane accountability measure.
(1) Unless otherwise specified in § 648.90(a)(5)(iv) of the NE multispecies regulations, if the southern
windowpane flounder sub-ACL for the scallop fishery is exceeded and an accountability measure is
triggered as described in § 648.90(a)(5)(iv), the Mid-Atlantic Accountability Measure Area, described
in paragraph (b)(2) of this section, shall be considered the Southern Windowpane Flounder Gear
Restricted Area. Scallop vessels participating in the DAS, or LAGC IFQ scallop fishery for the period
of time specified in paragraph (g)(2) of this section must comply with the gear restrictions specified
in paragraph (c) of this section when fishing in open areas. This accountability measure does not
apply to scallop vessels fishing in Sea Scallop Access Areas.
(2) Duration of gear restricted area. The SNE/MA Windowpane Flounder Gear Restricted Area shall
remain in effect for the period of time based on the corresponding percent overage of the SNE/MA
windowpane flounder sub-ACL, as follows:

Duration of gear
restriction

Percent overage of sub-ACL
20 or less

February.

Greater than 20

March and February.

(h) Process for implementing the AM —
(1) If there is reliable information to make a mid-year determination, that a flounder stock sub-ACL was
exceeded, or is projected to be exceeded, the Regional Administrator shall determine, on or about
January 15 of each year whether an accountability measure should be triggered as described in §
648.90(a)(5)(iv). The determination shall include the amount of the overage or projected amount of
the overage, specified as a percentage of the overall sub-ACL for the specific flounder stock. Based
on this determination, the Regional Administrator shall implement the AM in the following fishing

50 CFR 648.64(h)(1) (enhanced display)

page 255 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.64(h)(2)

year in accordance with the APA and attempt to notify owners of limited access and LAGC scallop
vessels by letter identifying the length of the gear restricted area and a summary of the catch,
overage, and projection that resulted in the gear restricted area.
(2) If reliable information is not available to make a mid-year determination, after the end of the scallop
fishing year the Regional Administrator shall determine whether the flounder stock sub-ACL was
exceeded and if an accountability measure was triggered as described in § 648.90(a)(5)(iv). The
determination shall include the amount of the overage, specified as a percentage of the overall subACL for the specific flounder stock. Based on this determination, the Regional Administrator shall
implement the AM in accordance with the APA in Year 3 (e.g., an accountability measure would be
implemented in fishing year 2016 for an overage that occurred in fishing year 2014) and attempt to
notify owners of limited access and LAGC scallop vessels by letter identifying the length of the gear
restricted area and a summary of the flounder stock catch and overage information.
[83 FR 17311, Apr. 19, 2018, as amended at 89 FR 20353, Mar. 22, 2024]

§ 648.65 [Reserved]
Subpart E—Management Measures for the Atlantic Surf Clam and Ocean Quahog Fisheries
§ 648.70 Surfclam and ocean quahog Annual Catch Limit (ACL).
(a) The MAFMC staff shall recommend to the MAFMC ACLs for the surfclam and ocean quahog fisheries,
which shall be equal to the ABCs recommended by the SSC.
(1) Sectors. The surfclam and ocean quahog ACLs will be established consistent with the guidelines
contained in the Atlantic Surfclam and Ocean Quahog FMP. The ACL for ocean quahog will then be
allocated to the Maine and non-Maine components of the fishery according to the allocation
guidelines of the Atlantic Surfclam and Ocean Quahog FMP as specified in § 648.78(b).
(2) Periodicity. The surfclam and ocean quahog ACLs may be established on an annual basis for up to 3
years at a time, dependent on whether the SSC provides single or multiple year ABC
recommendations.
(b) Performance review. The MAFMC staff shall conduct a detailed review of the fishery performance relative
to the ACLs at least every 5 years.
(1) If the surfclam or the ocean quahog ACL is exceeded with a frequency greater than 25 percent (i.e.,
more than once in 4 years or any 2 consecutive years), the MAFMC staff will review fishery
performance information and make recommendations to the MAFMC for changes in measures
intended to ensure the ACL is not exceeded as frequently.
(2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of
a stock rebuilding plan following a determination that a stock has become overfished.
(3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs
have been exceeded, but may be conducted in conjunction with such reviews.
[76 FR 60622, Sept. 29, 2011]

50 CFR 648.70(b)(3) (enhanced display)

page 256 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.71

§ 648.71 Surfclam and ocean quahog Annual Catch Targets (ACT).
(a) The MAFMC staff shall identify and review the relevant sources of management uncertainty to
recommend ACTs to the MAFMC as part of the surfclam and ocean quahog specification process. The
MAFMC staff recommendations shall identify the specific sources of management uncertainty that were
considered, technical approaches to mitigating these sources of uncertainty, and any additional relevant
information considered in the ACT recommendation process.
(1) Sectors. The surfclam ACT and the sum of the Maine and non-Maine ocean quahog ACTs shall be
less than or equal to the ACL for the corresponding stock. The MAFMC staff shall recommend any
reduction in catch necessary to address management uncertainty, consistent with paragraph (a) of
this section.
(2) Periodicity. ACTs may be established on an annual basis for up to 3 years at a time, dependent on
whether the SSC provides single or multiple year ABC recommendations.
(b) Performance review. The MAFMC staff shall conduct a detailed review of fishery performance relative to
ACTs in conjunction with any ACL performance review, as outlined in § 648.70(b)(1) through (3).
[76 FR 60622, Sept. 29, 2011]

§ 648.72 Surfclam and ocean quahog specifications.
(a) Establishing catch quotas. The amount of surfclams or ocean quahogs that may be caught annually by
fishing vessels subject to these regulations will be specified by the Regional Administrator for a period up
to the maximum number of years needed to align with the Northeast Region Coordinating Councilapproved stock assessment schedule. Specifications of the annual quotas will be accomplished in the
final year of the quota period, unless the quotas are modified in the interim pursuant to paragraph (b) of
this section.
(1) Quota reports. On an annual basis, MAFMC staff will produce and provide to the MAFMC an Atlantic
surfclam and ocean quahog annual quota recommendation paper based on the ABC
recommendation of the SSC, the latest available stock assessment report prepared by NMFS, data
reported by harvesters and processors, and other relevant data, as well as the information contained
in paragraphs (a)(1)(i) through (vi) of this section. Based on that report, and at least once prior to
August 15 of the year in which a multi-year annual quota specification expires, the MAFMC, following
an opportunity for public comment, will recommend to the Regional Administrator annual quotas
and estimates of DAH and DAP for a period up to the maximum number of years needed to align
with the Northeast Region Coordinating Council-approved stock assessment schedule. In selecting
the annual quotas, the MAFMC shall consider the current stock assessments, catch reports, and
other relevant information concerning:
(i)

Exploitable and spawning biomass relative to the quotas.

(ii) Fishing mortality rates relative to the quotas.
(iii) Magnitude of incoming recruitment.
(iv) Projected effort and corresponding catches.
(v) Geographical distribution of the catch relative to the geographical distribution of the resource.

50 CFR 648.72(a)(1)(v) (enhanced display)

page 257 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.72(a)(1)(vi)

(vi) Status of areas previously closed to surfclam fishing that are to be opened during the year and
areas likely to be closed to fishing during the year.
(2) Public review. Based on the recommendation of the MAFMC, the Regional Administrator shall publish
proposed surfclam and ocean quahog quotas in the FEDERAL REGISTER. The Regional Administrator
shall consider public comments received, determine the appropriate annual quotas, and publish the
annual quotas in the FEDERAL REGISTER. The quota shall be set at that amount that is most consistent
with the objectives of the Atlantic Surfclam and Ocean Quahog FMP. The Regional Administrator
may set quotas at quantities different from the MAFMC's recommendations only if he/she can
demonstrate that the MAFMC's recommendations violate the national standards of the MagnusonStevens Act or the objectives of the Atlantic Surfclam and Ocean Quahog FMP or other applicable
law.
(b) Interim quota modifications. Based upon information presented in the quota reports described in
paragraph (a)(1) of this section, the MAFMC may recommend to the Regional Administrator a
modification to the annual quotas that have been specified for a multi-year period and any estimate of
DAH or DAP made in conjunction with such specifications within the ranges specified in paragraph (a)(1)
of this section. Based upon the MAFMC's recommendation, the Regional Administrator may propose
surfclam and or ocean quahog quotas that differ from the annual quotas specified for the current multiyear period. Such modification shall be in effect for a period up to the maximum number of years needed
to align with the Northeast Region Coordinating Council-approved stock assessment schedule, unless
further modified. Any interim modification shall follow the same procedures for establishing the annual
quotas that are specified for a multi-year period.
(c) Annual quotas. The annual quotas for surfclams and ocean quahogs will remain effective unless revised
pursuant to this section. At the end of a multiyear quota period, NMFS will issue notification in the FEDERAL
REGISTER if the previous year's specifications will not be changed.
[76 FR 60622, Sept. 29, 2011, as amended at 81 FR 38972, June 15, 2016; 87 FR 71529, Nov. 23, 2022]

§ 648.73 Surfclam and ocean quahog Accountability Measures.
(a) Commercial ITQ fishery.
(1) If the ACL for surfclam or ocean quahog is exceeded, and the overage can be attributed to one or
more ITQ allocation holders, the full amount of the overage will be deducted from the appropriate
ITQ allocation in the following fishing year.
(2) Any amount of an ACL overage that cannot be otherwise attributed to an ITQ allocation holder will be
deducted from the appropriate ACL in the following fishing year.
(b) Maine mahogany quahog fishery. If the ocean quahog ACL is exceeded, and the Maine mahogany quahog
fishery is responsible for the overage, than the Maine fishery ACT shall be reduced in the following year by
an amount equal to the ACL overage.
[76 FR 60623, Sept. 29, 2011]

50 CFR 648.73(b) (enhanced display)

page 258 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.74

§ 648.74 Individual Transferable Quota (ITQ) Program.
(a) Annual individual allocations. Each fishing year, the Regional Administrator shall determine the initial
annual allocation of surfclams and ocean quahogs for the next fishing year for each ITQ permit holder
holding ITQ quota share pursuant to the requirements of this section. For each species, the initial
allocation for the next fishing year is calculated by multiplying the quota share percentage held by each
ITQ permit holder as of the last day of the previous fishing year in which quota shareholders are permitted
to permanently transfer quota share percentage pursuant to paragraph (b) of this section (i.e., October 15
of every year), by the quota specified by the Regional Administrator pursuant to § 648.72. The total
number of bushels of annual allocation shall be divided by 32 to determine the appropriate number of
cage tags to be issued or acquired under § 648.77. Amounts of annual allocation of 0.5 cages or smaller
created by this division shall be rounded downward to the nearest whole number, and amounts of annual
allocation greater than 0.5 cages created by this division shall be rounded upward to the nearest whole
number, so that annual allocations are specified in whole cages.
(1) Surfclam and ocean quahog ITQ permits. Surfclam and ocean quahog ITQ allocations shall be issued
in the form of annual ITQ permits. The ITQ permit shall specify the quota share percentage held by
the ITQ permit holder and the annual allocation in cages and cage tags for each species.
(i)

Eligibility. In order to be eligible to hold a surfclam or ocean quahog ITQ permit, an individual
must be eligible to own a documented vessel under the terms of 46 U.S.C. 12103(b).

(ii) Application —
(A) General. Applicants for a surfclam or ocean quahog ITQ permit under this section must
submit a completed ITQ permit application and a completed ITQ ownership form on the
appropriate forms obtained from NMFS. The ITQ permit application and ITQ ownership
form must be filled out completely and signed by the applicant. The Regional
Administrator will notify the applicant of any deficiency in the application.
(B) Renewal applications. Applications to renew a surfclam or ocean quahog ITQ permit must
be received by November 1 to be processed in time for permits to be issued by December
15, as specified in paragraph (a)(1)(iii) of this section. Renewal applications received after
this date may not be approved, and a new permit may not be issued before the start of the
next fishing year. An ITQ permit holder must renew his/her ITQ permit(s) on an annual
basis by submitting an application and an ownership form for such permit prior to the end
of the fishing year for which the permit is required. Failure to renew a surfclam or ocean
quahog ITQ permit in any fishing year will result in any surfclam or ocean quahog ITQ
quota share held by that ITQ permit holder to be considered abandoned and relinquished
as specified in paragraph (a)(1)(ix) of this section.
(C) Lenders Holding ITQ Quota Share as Collateral. A bank or other lender that holds ITQ quota
share as collateral on a loan may be allowed to provide less detailed information on the
ITQ ownership form under the following conditions.
(1) The lender certifies that the ITQ quota share is held solely as collateral on a loan and
the lender does not exert any control over the use of the annual allocation of cage
tags.
(2) The lender identifies the borrower, and the borrower maintains a valid ITQ permit
including all required ownership information.
50 CFR 648.74(a)(1)(ii)(C)(2) (enhanced display)

page 259 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.74(a)(1)(ii)(C)(3)

(3) The lender may only transfer quota share or cage tags to the identified borrower. The
borrower could then transfer the quota share or cage tags to another party, if desired.
(iii) Issuance. Except as provided in subpart D of 15 CFR part 904, and provided an application for
such permit is submitted by November 1, as specified in paragraph (a)(1)(ii)(B) of this section,
NMFS shall issue annual ITQ permits on or before December 15, to allow allocation owners to
purchase cage tags from a vendor specified by the Regional Administrator pursuant to §
648.77(b).
(iv) Duration. An ITQ permit is valid through December 31 of each fishing year unless it is
suspended, modified, or revoked pursuant to 15 CFR part 904, or revised due to a transfer of all
or part of the ITQ quota share or cage tag allocation under paragraph (b) of this section.
(v) Alteration. An ITQ permit that is altered, erased, or mutilated is invalid.
(vi) Replacement. The Regional Administrator may issue a replacement permit upon written
application of the annual ITQ permit holder.
(vii) Transfer. The annual ITQ permit is valid only for the person to whom it is issued. All or part of
the ITQ quota share or the cage tag allocation specified in the ITQ permit may be transferred in
accordance with paragraph (b) of this section.
(viii) Fee. The Regional Administrator may, after publication of a fee notification in the FEDERAL
REGISTER, charge a permit fee before issuance of the permit to recover administrative expenses.
Failure to pay the fee will preclude issuance of the permit.
(ix) Abandonment or voluntary relinquishment. Any ITQ permit that is voluntarily relinquished to the
Regional Administrator, or deemed to have been voluntarily relinquished for failure to renew in
accordance with paragraph (a)(1)(ii) of this section, shall not be reissued or renewed in a
subsequent year, except as specified in paragraph (a)(1)(x) of this section.
(x) Transitional grace period. A surfclam or ocean quahog quota share holder who does not submit
a complete application for an ITQ permit before the end of the 2016 fishing year, may be
granted a grace period of up to one year to complete the initial application process, and be
issued an ITQ permit, before the quota share is considered permanently relinquished. If an
individual is issued a 2016 ITQ permit, but fails to renew that ITQ permit before the end of the
2017 fishing year, the Regional Administrator may allow a grace period until no later than July 1,
2018, to complete the renewal process and retain the permit. A permit holder may not be
issued cage tags or transfer quota share until a valid ITQ permit is issued. Failure to complete
the ITQ permit application or renewal process, and be issued a valid ITQ permit before the end
of such a grace period would result in the ITQ permit and any associated ITQ quota share being
permanently forfeit.
(2) ITQ ownership caps.
(i)

Quota share. A business or individual is not eligible to be issued an ITQ permit and is not eligible
to acquire additional quota share, if, as a result of the issuance of the permit or quota share
transfer, the business or individual, or any other person who is a shareholder or partner, or their
immediate family member, would individually or collectively have an ownership interest in more
than 35 percent of the total surfclam quota or 40 percent of the total ocean quahog quota.

50 CFR 648.74(a)(2)(i) (enhanced display)

page 260 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.74(a)(2)(ii)

(ii) Cage tags. A business or individual is not eligible to be issued an ITQ permit and is not eligible
to acquire additional cage tags, if, as a result of the issuance of the permit or cage tag transfer,
the business or individual, or any other person who is a shareholder or partner, or their
immediate family member, would individually or collectively have an ownership interest in more
than 65 percent of the total surfclam cage tags issued that year or 70 percent of the total ocean
quahog cage tags issued that year.
(iii) Enforcement. The following conditions apply for the purposes of monitoring and enforcing
these caps.
(A) Any partial or shared ownership is counted as full ownership by each party for the purpose
of monitoring these caps. For example, if two people share ownership of a business with
quota share, the full amount of quota share held by the business counts toward the cap
for both owners.
(B) Having an ownership interest includes, but is not limited to, persons who are shareholders
in a corporation that holds an ITQ permit, who are partners (general or limited) to an ITQ
permit holder, who are immediate family members of an ITQ permit holder, or who, in any
way, partly own an entity that holds an ITQ permit.
(C) Immediate family members include individuals connected by the following relationships:
(1) Spouse, and parents thereof;
(2) Children, and spouses thereof;
(3) Parents, and spouses thereof;
(4) Siblings, and spouses thereof; and
(5) Grandparents and grandchildren, and spouses thereof.
(D) The quota share and cage tag caps do not apply to a bank or other lender that holds ITQ
quota share as collateral on a loan as described in paragraph (a)(1)(i)(C) of this section.
The quota share held as collateral and the associated cage tags will be treated as if it is
held by the borrower.
(E) Compliance with these ownership caps is based on the total amount of quota share or
cage tags controlled throughout a fishing year. In this instance, control means the
cumulative total amount of quota share or cage tags, including the amount held by the ITQ
permit at the start of the fishing year plus any quota share or cage tags acquired by the
ITQ permit throughout the fishing year. This measure of control during the fishing year is
increased by acquiring quota share or cage tags from other ITQ permits, but is not
reduced by any quota share or cage tags that are transferred to another ITQ permit.
(iv) Review. The MAFMC shall review these ITQ ownership cap measures at least every 10 years, or
sooner as needed. Such a review should include an evaluation of the effects and effectiveness
of the caps in the fishery and whether the cap levels remain appropriate or should be adjusted.
(b) Transfers —
(1) Quota share percentage. Subject to the approval of the Regional Administrator, part or all of a quota
share percentage may be transferred in the year in which the transfer is made, to any person or entity
with a valid ITQ permit under paragraph (a) of this section. Approval of a transfer by the Regional
50 CFR 648.74(b)(1) (enhanced display)

page 261 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.74(b)(2)

Administrator and for a new ITQ permit reflecting that transfer may be requested by submitting a
written application for approval of the transfer and for issuance of a new ITQ permit to the Regional
Administrator at least 10 days before the date on which the applicant desires the transfer to be
effective, in the form of a completed transfer form supplied by the Regional Administrator. The
transfer is not effective until the new holder receives a new or revised ITQ permit from the Regional
Administrator reflecting the new quota share percentage. An application for transfer may not be
made between October 15 and December 31 of each year.
(2) Cage tags. Cage tags issued pursuant to § 648.77 may be transferred at any time, and in any amount
subject to the restrictions and procedure specified in paragraph (b)(1) of this section; provided that
application for such cage tag transfers may be made at any time before December 10 of each year.
The transfer is effective upon the receipt by the transferee of written authorization from the Regional
Administrator.
(3) Denial of ITQ transfer application. The Regional Administrator may reject an application to transfer
surfclam or ocean quahog ITQ quota share or cage tags for the following reasons: The application is
incomplete; the transferor or transferee does not possess a valid surfclam or ocean quahog ITQ
permit for the appropriate species; the transfer is not allowed under paragraph (a)(1)(ii)(C)(3) of this
section; the transferor's or transferee's surfclam or ocean quahog ITQ permit has been sanctioned
pursuant to an enforcement proceeding under 15 CFR part 904; the transfer would result in
exceeding an ownership cap under paragraph (a)(2) of this section; or any other failure to meet the
requirements of this subpart. Upon denial of an application to transfer ITQ allocation, the Regional
Administrator shall send a letter to the applicant describing the reason(s) for the denial. The
decision by the Regional Administrator is the final decision of the Department of Commerce; there is
no opportunity for an administrative appeal.
(c) ITQ cost recovery —
(1) General. The cost recovery program collects fees of up to three percent of the ex-vessel value of
surfclams or ocean quahogs harvested under the ITQ program in accordance with the MagnusonStevens Act. NMFS collects these fees to recover the actual costs directly related to the
management, data collection, and enforcement of the surfclam and ocean quahog ITQ program.
(2) Fee responsibility. If you are an ITQ permit holder who holds ITQ quota share and receives an annual
allocation pursuant to paragraph (a) of this section, you shall incur a cost recovery fee, based on all
landings of surfclams or ocean quahogs authorized under your initial annual allocation of cage tags.
You are responsible for paying the fee assessed by NMFS, even if the landings are made by another
ITQ permit holder (i.e., if you transfer cage tags to another individual who subsequently uses those
tags to land clams). If you permanently transfer your quota share, you are still responsible for any fee
that results from your initial annual allocation of cage tags even if the landings are made after the
quota share is permanently transferred.
(3) Fee basis. NMFS will establish the fee percentages and corresponding per-tag fees for both the
surfclam and ocean quahog ITQ fisheries each year. The fee percentages cannot exceed three
percent of the ex-vessel value of surfclams and ocean quahogs harvested under the ITQ fisheries
pursuant to section 304(d)(2)(B) of the Magnuson-Stevens Act.
(i)

Calculating fee percentage. In the first quarter of each calendar year, NMFS will calculate the fee
percentages for both the surfclam and ocean quahog ITQ fisheries based on information from
the previous year. NMFS will use the following equation to annually determine the fee
percentages: Fee percentage = the lower of 3 percent or (DPC/V) × 100, where:

50 CFR 648.74(c)(3)(i) (enhanced display)

page 262 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.74(c)(3)(i)(A)

(A) “DPC,” or direct program costs, are the actual incremental costs for the previous fiscal year
directly related to the management, data collection, and enforcement of the ITQ program.
“Actual incremental costs” mean those costs that would not have been incurred but for
the existence of the ITQ program. If the amount of fees collected by NMFS is greater or
lesser than the actual incremental costs incurred, the DPC will be adjusted accordingly for
calculation of the fee percentage in the following year.
(B) “V” is the total ex-vessel value from the previous calendar year attributable to the ITQ
fishery.
(ii) Calculating per-tag fee. To facilitate fee collection, NMFS will convert the annual fee
percentages into per-tag fees for both the surfclam and ocean quahog ITQ fisheries. NMFS will
use the following equation to determine each per-tag fee: Per-Tag Fee = (Fee Percentage × V)/T,
where:
(A) “T” is the number of cage tags used, pursuant to § 648.77, to land shellfish in the ITQ
fishery in the previous calendar year.
(B) “Fee percentage” and “V” are defined in paragraph (c)(3)(i) of this section.
(C) The per-tag fee is rounded down so that it is expressed in whole cents.
(iii) Publication. During the first quarter of each calendar year, NMFS will announce the fee
percentage and per-tag fee for the surfclam and ocean quahog ITQ fisheries, and publish this
information on the Regional Office Web site (www.greateratlantic.fisheries.noaa.gov).
(4) Calculating individual fees. If you are responsible for a cost recovery fee under paragraph (c)(2) of
this section, the fee amount is the number of ITQ cage tags you were initially allocated at the start of
the fishing year that were subsequently used to land shellfish multiplied by the relevant per-tag fee,
as described in paragraph (c)(3)(ii) of this section. If no tags from your initial allocation are used to
land clams you will not incur a fee.
(5) Fee payment and collection. NMFS will send you a bill each year for any applicable ITQ cost recovery
fee.
(i)

Payment due date. You must submit payment within 30 days of the date of the bill.

(ii) Payment method. You may pay your bill electronically using a credit card or direct Automated
Clearing House withdrawal from a designated checking account through the Federal web
portal, www.pay.gov, or another internet site designated by the Regional Administrator.
Instructions for electronic payment will be included with your bill and are available on the
payment Web site. Alternatively, payment by check may be authorized by the Regional
Administrator if he/she determines that electronic payment is not practicable.
(6) Payment compliance. If you do not submit full payment by the due date, NMFS will notify you in
writing via an initial administrative determination (IAD) letter.
(i)

IAD. In the IAD, NMFS will:
(A) Describe the past-due fee;
(B) Describe any applicable interest charges that may apply;
(C) Provide you 30 days to either pay the specified amount or submit an appeal; and

50 CFR 648.74(c)(6)(i)(C) (enhanced display)

page 263 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.74(c)(6)(i)(D)

(D) Include instructions for submitting an appeal.
(ii) Appeals. If you wish to appeal the IAD, your appeal must:
(A) Be in writing;
(B) Allege credible facts or circumstances;
(C) Include any relevant information or documentation to support your appeal; and
(D) Be received by NMFS no later than 30 calendar days after the date on the IAD. If the last
day of the time period is a Saturday, Sunday, or Federal holiday, the time period will extend
to the close of the business on the next business day. Your appeal must be mailed or hand
delivered to the address specified in the IAD.
(iii) Final decision —
(A) Final decision on your appeal. If you appeal an IAD, the Regional Administrator shall
appoint an appeals officer. After determining there is sufficient information and that all
procedural requirements have been met, the appeals officer will review the record and
issue a recommendation on your appeal to the Regional Administrator, which shall be
advisory only. The recommendation must be based solely on the record. Upon receiving
the findings and recommendation, the Regional Administrator, acting on behalf of the
Secretary of Commerce, will issue a written decision on your appeal which is the final
decision of the Department of Commerce.
(B) Final decision if you do not appeal. If you do not appeal the IAD within 30 calendar days,
NMFS will notify you via a final decision letter. The final decision will be from the Regional
Administrator and is the final decision of the Department of Commerce.
(C) If the final decision determines that you are out of compliance.
(1) The Regional Administrator may, at any time thereafter, disapprove any application to
transfer quota share or cage tags under § 648.74(b), and prohibit issuance of the
surfclam or ocean quahog ITQ permit for subsequent years, until the outstanding
balance is paid in full.
(2) The final decision will require full payment within 30 calendar days.
(3) If full payment is not received within 30 calendar days of issuance of the final
decision, NMFS may refer the matter to the appropriate authorities for the purposes
of collection or enforcement.
(7) Annual report. NMFS will publish annually a report on the status of the ITQ cost recovery program.
The report will provide details of the costs incurred by NMFS for the management, data collection,
and enforcement of the surfclam and ocean quahog ITQ program, and other relevant information at
the discretion of the Regional Administrator.
[80 FR 42751, July 20, 2015, as amended at 81 FR 38973, June 15, 2016; 87 FR 71529, Nov. 22, 2022]

§ 648.75 Shucking at sea and minimum surfclam size.
(a) Shucking at sea —
(1) Observers.
50 CFR 648.75(a)(1) (enhanced display)

page 264 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.75(a)(1)(i)

The Regional Administrator may allow the shucking of surfclams or ocean quahogs at sea if he/
she determines that an observer carried aboard the vessel can measure accurately the total
amount of surfclams and ocean quahogs harvested in the shell prior to shucking.

(ii) Any vessel owner may apply in writing to the Regional Administrator to shuck surfclams or
ocean quahogs at sea. The application shall specify: Name and address of the applicant;
permit number of the vessel; method of calculating the amount of surfclams or ocean quahogs
harvested in the shell; vessel dimensions and accommodations; and length of fishing trip.
(iii) The Regional Administrator shall provide an observer to any vessel owner whose application is
approved. The owner shall pay all reasonable expenses of carrying the observer on board the
vessel.
(iv) Any observer shall certify at the end of each trip the amount of surfclams or ocean quahogs
harvested in the shell by the vessel. Such certification shall be made by the observer's signature
on the daily fishing log required by § 648.7.
(2) Conversion factor.
(i)

Based on the recommendation of the MAFMC, the Regional Administrator may allow shucking
at sea of surfclams or ocean quahogs, with or without an observer, if he/she determines a
conversion factor for shucked meats to calculate accurately the amount of surfclams or ocean
quahogs harvested in the shell.

(ii) The Regional Administrator shall publish notification in the FEDERAL REGISTER specifying a
conversion factor, together with the data used in its calculation, for a 30-day comment period.
After consideration of the public comments and any other relevant data, the Regional
Administrator may publish final notification in the FEDERAL REGISTER specifying the conversion
factor.
(iii) If the Regional Administrator makes the determination specified in paragraph (a)(2)(i) of this
section, he/she may authorize the vessel owner to shuck surfclams or ocean quahogs at sea.
Such authorization shall be in writing and be carried aboard the vessel.
(b) Minimum surfclam size —
(1) Minimum length. The minimum length for surfclams is 4.75 inches (12.065 cm).
(2) Determination of compliance. No more than 50 surfclams in any cage may be less than 4.75 inches
(12.065 cm) in length. If more than 50 surfclams in any inspected cage of surfclams are less than
4.75 inches (12.065 cm) in length, all cages landed by the same vessel from the same trip are
deemed to be in violation of the minimum size restriction.
(3) Suspension. Upon the recommendation of the MAFMC, the Regional Administrator may suspend
annually, by publication in the FEDERAL REGISTER, the minimum shell-length standard, unless discard,
catch, and survey data indicate that 30 percent of the surfclams are smaller than 4.75 inches
(12.065 cm) and the overall reduced shell length is not attributable to beds where the growth of
individual surfclams has been reduced because of density dependent factors.
(4) Measurement. Length is measured at the longest dimension of the surfclam shell.
[76 FR 60623, Sept. 29, 2011, as amended at 81 FR 38974, June 15, 2016]

50 CFR 648.75(b)(4) (enhanced display)

page 265 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.76

§ 648.76 Closed areas.
(a) Areas closed because of environmental degradation. Certain areas are closed to all surfclam and ocean
quahog fishing because of adverse environmental conditions. These areas will remain closed until the
Regional Administrator determines that the adverse environmental conditions no longer exist. If
additional areas are identified by the Regional Administrator as being contaminated by the introduction or
presence of hazardous materials or pollutants, they may be closed by the Regional Administrator in
accordance with paragraph (c) of this section. The areas closed are:
(1) Boston Foul Ground. The waste disposal site known as the “Boston Foul Ground” and located at
42°25′36″ N. lat., 70°35′00″ W. long., with a radius of 1 nm (1.852 km) in every direction from that
point.
(2) New York Bight. The polluted area and waste disposal site known as the “New York Bight” and
located at 40°25′04″ N. lat., 73°42′38″ W. long., and with a radius of 6 nm (9.66 km) in every direction
from that point, extending further northwestward, westward and southwestward between a line from
a point on the arc at 40°31′00″ N. lat., 73°43′38″ W. long., directly northward toward Atlantic Beach
Light in New York to the limit of the state territorial waters of New York; and a line from the point on
the arc at 40°19′48″ N. lat., 73°45′42″ W. long., to a point at the limit of the state territorial waters of
New Jersey at 40°14′00″ N. lat., 73°55′42″ W. long.
(3) 106 Dumpsite. The toxic industrial site known as the “106 Dumpsite” and located between 38°40′00″
and 39°00′00″ N. lat., and between 72°00′00″ and 72°30′00″ W. long.
(4) Georges Bank. The paralytic shellfish poisoning (PSP) contaminated area, which is located on
Georges Bank, and is located east of 69° W. long., and south of 42°20′ N. lat. is closed to the harvest
of surfclams and ocean quahogs. A portion of the Georges Bank Closed Area is open to harvest
surfclams and ocean quahogs provided the vessel complies with the requirements specified in
paragraph (a)(4)(i) of this section. The open portion of the Georges Bank Closed Area is defined by
straight lines connecting the following points in the order stated:

OPEN PORTION OF THE GEORGES BANK CLOSED AREA
Point

N. Latitude

W. Longitude

1

42°00′

68°50′

2

42°00′

67°20′

3

41°00′

67°20′

4

41°00′

67°10′

5

40°40′

67°10′

6

40°40′

68°30′

7

41°30′

68°30′

8

41°30′

68°50′

50 CFR 648.76(a)(4) (enhanced display)

page 266 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
1

50 CFR 648.76(a)(4)(i)

N. Latitude

W. Longitude
42°00′

(i)

68°50′

Requirements for Vessels Fishing in the Open Portion of the Georges Bank Closed Area. A vessel
may fish in the open portion of the Georges Bank Closed Area as specified in this paragraph
(a)(4), provided it complies with the following terms and conditions:
(A) A valid letter of authorization issued by the Regional Administrator must be onboard the
vessel; and
(B) The vessel must adhere to the terms and conditions of the PSP testing protocol as
adopted into the National Shellfish Sanitation Program by the Interstate Shellfish
Sanitation Conference. All surfclams and ocean quahogs harvested from the area must be
handled in accordance with the terms and conditions of the protocol from the first point of
harvest through completion of testing and release by the State Shellfish Control Authority
as required by the PSP testing protocol; and
(C) Prior to leaving port at the start of a fishing trip, the vessel's owner or operator must
declare its intent to fish in the area through the vessel's vessel monitoring system.

(ii) [Reserved]
(b) Areas closed because of small surfclams. Areas may be closed because they contain small surfclams.
(1) Closure. The Regional Administrator may close an area to surfclams and ocean quahog fishing if he/
she determines, based on logbook entries, processors' reports, survey cruises, or other information,
that the area contains surfclams of which:
(i)

Sixty percent or more are smaller than 4.5 inches (11.43 cm); and

(ii) Not more than 15 percent are larger than 5.5 inches (13.97 cm) in size.
(2) Reopening. The Regional Administrator may reopen areas or parts of areas closed under paragraph
(b)(1) of this section if he/she determines, based on survey cruises or other information, that:
(i)

The average length of the dominant (in terms of weight) size class in the area to be reopened is
equal to or greater than 4.75 inches (12.065 cm); or

(ii) The yield or rate of growth of the dominant shell-length class in the area to be reopened would
be significantly enhanced through selective, controlled, or limited harvest of surfclams in the
area.
(c) Procedure.
(1) The Regional Administrator may hold a public hearing on the proposed closure or reopening of any
area under paragraph (a) or (b) of this section. The Regional Administrator shall publish notification
in the FEDERAL REGISTER of any proposed area closure or reopening, including any restrictions on
harvest in a reopened area. Comments on the proposed closure or reopening must be submitted to
the Regional Administrator within 30 days after publication. The Regional Administrator shall
consider all comments and publish the final notification of closure or reopening, and any restrictions
50 CFR 648.76(c)(1) (enhanced display)

page 267 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.76(c)(2)

on harvest, in the FEDERAL REGISTER. Any adjustment to harvest restrictions in a reopened area shall
be made by notification in the FEDERAL REGISTER. The Regional Administrator shall send notice of any
action under this paragraph (c)(1) to each surfclam and ocean quahog processor and to each
surfclam and ocean quahog permit holder.
(2) If the Regional Administrator determines, as the result of testing by state, Federal, or private entities,
that a closure of an area under paragraph (a) of this section is necessary to prevent any adverse
effects fishing may have on the public health, he/she may close the area for 60 days by publication
of notification in the FEDERAL REGISTER, without prior comment or public hearing. If an extension of
the 60-day closure period is necessary to protect the public health, the hearing and notice
requirements of paragraph (c)(1) of this section shall be followed.
(d) Areas closed due to the presence of paralytic shellfish poisoning toxin —
(1) Maine mahogany quahog zone. The Maine mahogany quahog zone is closed to fishing for ocean
quahogs except in those areas of the zone that are tested by the State of Maine and deemed to be
within the requirements of the National Shellfish Sanitation Program and adopted by the Interstate
Shellfish Sanitation Conference as acceptable limits for the toxin responsible for PSP. Harvesting is
allowed in such areas during the periods specified by the Maine Department of Marine Resources
during which quahogs are safe for human consumption. For information regarding these areas
contact the State of Maine Division of Marine Resources.
(2) [Reserved]
[76 FR 60624, Sept. 29, 2011, as amended at 77 FR 75063, Dec. 19, 2012; 81 FR 38974, June 15, 2016]

§ 648.77 Cage identification.
Except as provided in § 648.78, the following cage identification requirements apply to all vessels issued a Federal
fishing permit for surfclams and ocean quahogs:
(a) Tagging. Before offloading, all cages that contain surfclams or ocean quahogs must be tagged with tags
acquired annually under provisions of paragraph (b) of this section. A tag must be fixed on or as near as
possible to the upper crossbar of the cage. A tag is required for every 60 ft3 (1,700 L) of cage volume, or
portion thereof. A tag or tags must not be removed until the cage is emptied by the processor, at which
time the processor must promptly remove and retain the tag(s) for 60 days beyond the end of the
calendar year, unless otherwise directed by authorized law enforcement agents.
(b) Issuance. The Regional Administrator will issue a supply of tags to each individual allocation owner
qualifying for an allocation under § 648.74 prior to the beginning of each fishing year, or he/she may
specify, in the FEDERAL REGISTER, a vendor from whom the tags shall be purchased. The number of tags will
be based on the owner's initial allocation as specified in § 648.74(a). Each tag represents 32 bu (1,700 L)
of allocation.
(c) Expiration. Tags will expire at the end of the fishing year for which they are issued, or if rendered null and
void in accordance with 15 CFR part 904.
(d) Return. Tags that have been rendered null and void must be returned to the Regional Administrator, if
possible.

50 CFR 648.77(d) (enhanced display)

page 268 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.77(e)

(e) Loss. Loss or theft of tags must be reported by the owner, numerically identifying the tags to the Regional
Administrator by telephone as soon as the loss or theft is discovered and in writing within 24 hours.
Thereafter, the reported tags shall no longer be valid for use under this part.
(f) Replacement. Lost or stolen tags may be replaced by the Regional Administrator if proper notice of the
loss is provided by the person to whom the tags were issued. Replacement tags may be purchased from
the Regional Administrator or a vendor with a written authorization from the Regional Administrator.
(g) Transfer. See § 648.74(b)(2).
(h) Presumptions. Surfclams and ocean quahogs found in cages without a valid state tag are deemed to have
been harvested in the EEZ and to be part of an individual's allocation, unless the individual demonstrates
that he/she has surrendered his/her Federal vessel permit issued under § 648.4(a)(4) and conducted
fishing operations exclusively within waters under the jurisdiction of any state. Surfclams and ocean
quahogs in cages with a Federal tag or tags, issued and still valid pursuant to this section, affixed thereto
are deemed to have been harvested by the individual allocation holder to whom the tags were issued
under the provisions of § 648.77(b) or transferred under the provisions of § 648.74(b).
[76 FR 60625, Sept. 29, 2011]

§ 648.78 Maine mahogany quahog zone.
(a) Landing requirements.
(1) A vessel issued a valid Maine mahogany quahog permit pursuant to § 648.4(a)(4)(i), and fishing for
or possessing ocean quahogs within the Maine mahogany quahog zone, must land its catch in the
State of Maine.
(2) A vessel fishing under an individual allocation permit, regardless of whether it has a Maine
mahogany quahog permit, fishing for or possessing ocean quahogs within the zone, may land its
catch in the State of Maine, or, consistent with applicable state law in any other state that utilizes
food safety-based procedures including sampling and analyzing for PSP toxin consistent with those
food safety-based procedures used by the State of Maine for such purpose, and must comply with
all requirements in §§ 648.74 and 648.77. Documentation required by the state and other laws and
regulations applicable to food safety-based procedures must be made available by federally
permitted dealers for inspection by NMFS.
(b) ACT monitoring and closures —
(1) Catch quota.
(i)

The ACT for harvest of mahogany quahogs from within the Maine mahogany quahog zone is
100,000 Maine bu (35,239 hL). The ACL may be revised annually within the range of 17,000 and
100,000 Maine bu (5,991 and 35,239 hL) following the procedures set forth in §§ 648.72 and
648.73, if applicable.

(ii) All mahogany quahogs landed for sale in Maine by vessels issued a Maine mahogany quahog
permit and not fishing for an individual allocation of ocean quahogs under § 648.74 shall be
applied against the Maine mahogany quahog ACT, regardless of where the mahogany quahogs
are harvested.

50 CFR 648.78(b)(1)(ii) (enhanced display)

page 269 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.78(b)(1)(iii)

(iii) All mahogany quahogs landed by vessels fishing in the Maine mahogany quahog zone for an
individual allocation of quahogs under § 648.74 will be counted against the ocean quahog
allocation for which the vessel is fishing.
(iv) The Regional Administrator will monitor the ACT based on dealer reports and other available
information, and shall determine the date when the ACT will be harvested. NMFS shall publish
notification in the FEDERAL REGISTER advising the public that, effective upon a specific date, the
Maine mahogany quahog quota has been harvested, and notifying vessel and dealer permit
holders that no Maine mahogany quahog quota is available for the remainder of the year.
(2) Maine Mahogany Quahog Advisory Panel. The MAFMC shall establish a Maine Mahogany Quahog
Advisory Panel consisting of representatives of harvesters, dealers, and the Maine Department of
Marine Resources. The Advisory Panel shall make recommendations, through the Surfclam and
Ocean Quahog Committee of the MAFMC, regarding revisions to the annual quota and other
management measures.
[76 FR 60625, Sept. 29, 2011]

§ 648.79 Surfclam and ocean quahog framework adjustments to management measures.
(a) Within season management action. The MAFMC may, at any time, initiate action to add or adjust
management measures within the Atlantic Surfclam and Ocean Quahog FMP if it finds that action is
necessary to meet or be consistent with the goals and objectives of the plan.
(1) Adjustment process. The MAFMC shall develop and analyze appropriate management actions over
the span of at least two MAFMC meetings. The MAFMC must provide the public with advance notice
of the availability of the recommendation(s), appropriate justification(s) and economic and
biological analyses, and the opportunity to comment on the proposed adjustment(s) at the first
meeting, and prior to and at the second MAFMC meeting. The MAFMC's recommendations on
adjustments or additions to management measures must come from one or more of the following
categories: Adjustments within existing ABC control rule levels; adjustments to the existing MAFMC
risk policy; introduction of new AMs, including sub-ACTs; description and identification of EFH (and
fishing gear management measures that impact EFH); habitat areas of particular concern; set-aside
quota for scientific research; VMS; and suspension or adjustment of the surfclam minimum size
limit. Issues that require significant departures from previously contemplated measures or that are
otherwise introducing new concepts may require an amendment of the FMP instead of a framework
adjustment.
(2) MAFMC recommendation. After developing management actions and receiving public testimony, the
MAFMC shall make a recommendation to the Regional Administrator. The MAFMC's
recommendation must include supporting rationale, 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 MAFMC recommends that the management measures
should be issued as a final rule, it 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 the regulations would have to
be in place for an entire harvest/fishing season.

50 CFR 648.79(a)(2)(i) (enhanced display)

page 270 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.79(a)(2)(ii)

(ii) Whether there has been adequate notice and opportunity for participation by the public and
members of the affected industry in the development of 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.
(3) NMFS action. If the MAFMC's recommendation includes adjustments or additions to management
measures and after reviewing the MAFMC's recommendation and supporting information:
(i)

If NMFS concurs with the MAFMC'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 (a)(2) of this section, the measures will be issued as a final rule in the
FEDERAL REGISTER.

(ii) If NMFS concurs with the MAFMC's recommended management measures 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 NMFS concurs with the MAFMC recommendation, the measures will be published
as a final rule in the FEDERAL REGISTER.
(iii) If NMFS does not concur, the MAFMC will be notified in writing of the reasons for the nonconcurrence.
(4) Emergency actions. Nothing in this section is meant to derogate from the authority of the Secretary
to take emergency action under section 305(e) of the Magnuson-Stevens Act.
(b) [Reserved]
[76 FR 60625, Sept. 29, 2011, as amended at 76 FR 81848, Dec. 29, 2011; 80 FR 37194, June 30, 2015; 81 FR 38974, June 15,
2016]

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—
(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:

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

page 271 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.80(a)(1)(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′

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.

1

(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

50 CFR 648.80(a)(2)(i) (enhanced display)

page 272 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.80(a)(3)(i)(A) (enhanced display)

page 273 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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
50 CFR 648.80(a)(3)(iv)(B)(2) (enhanced display)

page 274 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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
50 CFR 648.80(a)(3)(vi) (enhanced display)

page 275 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.80(a)(4)(i) (enhanced display)

page 276 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 —

50 CFR 648.80(a)(4)(iv)(B) (enhanced display)

page 277 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.80(a)(5)(i) (enhanced display)

page 278 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

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

page 279 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 280 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 281 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 282 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 283 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

Point
SM1

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)

page 284 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 285 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 286 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

N lat.

W long.

42°49.5′

69°40′

43°12′

69°00′

1

( )
1

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)

page 287 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 288 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

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

page 289 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 290 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 291 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(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)

page 292 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(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)

page 293 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 294 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 295 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 296 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.80(b)(6)(i)(C) (enhanced display)

page 297 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.80(b)(9) (enhanced display)

page 298 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 299 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

N. lat.

G12
1

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.
50 CFR 648.80(b)(12)(ii)(C) (enhanced display)

page 300 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.80(c)(2)(iv) (enhanced display)

page 301 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 302 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 303 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 304 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 305 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 306 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 307 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 308 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

N lat.

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

W long.

6

41°18.2′ N

71°51.5′ W

7

42°20′ N

The coastline of
Massachusetts

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)

page 309 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 310 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 311 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(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)

page 312 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 313 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 314 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

N latitude

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)

page 315 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 316 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 317 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 318 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 319 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 320 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 321 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 322 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 323 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 324 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 325 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
AA

50 CFR 648.81(f)(4)

Latitude
40°02.75′ N

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 326 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.81(f)(4)

N latitude

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 327 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.81(f)(5)

N latitude

AA

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 328 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 329 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 330 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 331 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 332 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 333 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 334 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 335 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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).

50 CFR 648.82(e)(3) (enhanced display)

page 336 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.82(f)(2)(vi) (enhanced display)

page 337 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.82(g) (enhanced display)

page 338 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.
50 CFR 648.82(j)(1)(ii)(C) (enhanced display)

page 339 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.82(k)(3)(i) (enhanced display)

page 340 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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
50 CFR 648.82(k)(4)(ix) (enhanced display)

page 341 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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
50 CFR 648.82(k)(4)(xi)(C)(2) (enhanced display)

page 342 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.
50 CFR 648.82(l)(1)(vi) (enhanced display)

page 343 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

page 344 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

page 345 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.82(n)(1)(i)(B) (enhanced display)

page 346 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.82(n)(1)(i)(C) (enhanced display)

page 347 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

N. latitude
2

G12

( )

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

50 CFR 648.82(n)(1)(i)(E) (enhanced display)

page 348 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.82(n)(1)(ii) (enhanced display)

page 349 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

page 350 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Stock

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

Trimester 1
(percent)

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

page 351 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 352 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

N. Latitude
5

23

( )

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.

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

page 353 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

N. Latitude
2

12

( )

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)

page 354 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

page 355 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

N. latitude

W. longitude

3

GOM12

( )

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)

page 356 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

Point

N. latitude

GB1
1

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)

page 357 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

Point

N. latitude
6

SNEMA11

( )

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)

page 358 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

Point

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)

page 359 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

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)

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)

page 360 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

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.

(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)

page 361 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 362 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

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)

page 363 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

N. latitude
5

RF20

( )

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)

page 364 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

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.

(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)

page 365 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

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.

(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)

page 366 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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′

2

41°10′

71°20′

3

41°00′

71°20′

4

41°00′

71°40′

1

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)

page 367 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
4

50 CFR 648.82(o)

N. Latitude
41°10'

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)

page 368 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.83(a) (enhanced display)

page 369 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.83(a)(1)

(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.

50 CFR 648.83(b)(3) (enhanced display)

page 370 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.83(b)(4)

(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
50 CFR 648.84(e)(1) (enhanced display)

page 371 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.84(e)(2)

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
50 CFR 648.84(f)(3) (enhanced display)

page 372 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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′

50 CFR 648.85(a)(1)(i) (enhanced display)

page 373 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

Point

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).

50 CFR 648.85(a)(2)(i)(A) (enhanced display)

page 374 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.85(a)(2)(i)(B)

(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
50 CFR 648.85(a)(2)(iv) (enhanced display)

page 375 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.85(a)(3)

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
50 CFR 648.85(a)(3)(ii)(A)(1) (enhanced display)

page 376 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.85(a)(3)(ii)(A)(2)

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.

50 CFR 648.85(a)(3)(iii) (enhanced display)

page 377 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

50 CFR 648.85(a)(3)(iv)(A) (enhanced display)

page 378 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.
50 CFR 648.85(a)(3)(iv)(C)(1) (enhanced display)

page 379 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.85(a)(3)(iv)(D) (enhanced display)

page 380 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.85(a)(3)(v)(B) (enhanced display)

page 381 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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).

50 CFR 648.85(b)(3)(i) (enhanced display)

page 382 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 —

50 CFR 648.85(b)(3)(vi) (enhanced display)

page 383 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.85(b)(3)(vii)(B) (enhanced display)

page 384 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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
50 CFR 648.85(b)(3)(x)(A) (enhanced display)

page 385 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.
50 CFR 648.85(b)(5)(ii) (enhanced display)

page 386 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.85(b)(6)(iv)(C) (enhanced display)

page 387 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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
50 CFR 648.85(b)(6)(iv)(G) (enhanced display)

page 388 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.85(b)(6)(iv)(J)(2) (enhanced display)

page 389 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.85(b)(6)(iv)(J)(3)(ii) (enhanced display)

page 390 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

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

page 391 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

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

page 392 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

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

page 393 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

Point

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)

page 394 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

Point
AMP10

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.

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

page 395 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

Point

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.

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

page 396 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

page 397 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 §

50 CFR 648.85(b)(7)(i) (enhanced display)

page 398 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.85(b)(7)(v)(A)(1) (enhanced display)

page 399 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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
50 CFR 648.85(b)(7)(v)(E)(1) (enhanced display)

page 400 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.85(b)(7)(v)(I) (enhanced display)

page 401 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.85(e)(1)(i) (enhanced display)

page 402 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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′

50 CFR 648.85(e)(1)(ii)(A) (enhanced display)

page 403 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 —

50 CFR 648.85(e)(1)(v) (enhanced display)

page 404 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.85(e)(1)(vi)(B) (enhanced display)

page 405 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.85(e)(1)(viii)(C)(1) (enhanced display)

page 406 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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
50 CFR 648.85(e)(1)(viii)(C)(9) (enhanced display)

page 407 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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)

50 CFR 648.86(a)(3) (enhanced display)

page 408 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(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.

50 CFR 648.86(a)(3)(ii)(A)(2) (enhanced display)

page 409 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

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

( )

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.

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

page 410 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

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′

( )

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
50 CFR 648.86(b)(2) (enhanced display)

page 411 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.86(d)(1)(i)(B) (enhanced display)

page 412 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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:
50 CFR 648.86(d)(1)(v)(B) (enhanced display)

page 413 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.86(e) (enhanced display)

page 414 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 §
50 CFR 648.86(k) (enhanced display)

page 415 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.
50 CFR 648.87(a) (enhanced display)

page 416 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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 —

50 CFR 648.87(b)(1)(i) (enhanced display)

page 417 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.
50 CFR 648.87(b)(1)(i)(B)(2)(ii) (enhanced display)

page 418 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.87(b)(1)(i)(D) (enhanced display)

page 419 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.87(b)(1)(i)(E)(2)(i) (enhanced display)

page 420 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.87(b)(1)(ii)(A) (enhanced display)

page 421 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.87(b)(1)(ii)(A) (enhanced display)

page 422 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
10

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

N. Latitude

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.

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

page 423 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

Point

N. Latitude
5

15

( )

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

50 CFR 648.87(b)(1)(ii)(D) (enhanced display)

page 424 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.87(b)(1)(ii)(F) (enhanced display)

page 425 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

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′

( )

(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
50 CFR 648.87(b)(1)(iii)(A) (enhanced display)

page 426 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.87(b)(1)(iii)(B)(3) (enhanced display)

page 427 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.87(b)(1)(iv)(B) (enhanced display)

page 428 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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
50 CFR 648.87(b)(1)(vi)(A) (enhanced display)

page 429 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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
50 CFR 648.87(b)(2) (enhanced display)

page 430 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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,
50 CFR 648.87(b)(2)(xi) (enhanced display)

page 431 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.87(c)(2)(i) (enhanced display)

page 432 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.87(d) (enhanced display)

page 433 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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:

50 CFR 648.87(e) (enhanced display)

page 434 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.87(e)(3)(i) (enhanced display)

page 435 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.

50 CFR 648.87(e)(7) (enhanced display)

page 436 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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).

50 CFR 648.88(c) (enhanced display)

page 437 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.
Link to an amendment published at 90 FR 47989, Oct. 3, 2025.
(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 Area 1

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

Outside GOM Regulated Mesh Area

1

Haddock:
Inside GOM Regulated Mesh Area 1
Outside GOM Regulated Mesh Area

1

1

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

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

page 438 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.89(b)(2)

Charter/party
minimum size

Species

inches

cm

Private
minimum size
inches

cm

Maximum
size
inches

cm

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

9

22.9

9

22.9

N/A

N/A

Redfish
1

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

CLOSED

No
Retention

All Year.

GOM Cod

September 1-October 31

1

May 1-August 31; November

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

page 439 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

Stock

Open season

Possession
limit

Closed season
1-April 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.

Northern Windowpane
Flounder

CLOSED

No retention All Year.

Southern Windowpane
Flounder

CLOSED

No retention All Year.

Ocean Pout

CLOSED

No retention All Year.

Atlantic Halibut

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

Atlantic Wolffish

CLOSED

No retention All Year.

(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
GB Cod

Open season
CLOSED

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

Possession
limit
No

Closed season
All Year.

page 440 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Stock

50 CFR 648.89(c)(3)

Open season

Possession
limit

Closed season

Retention
GOM Cod

September 1-October 31

1

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

GB Haddock

All Year

Unlimited

N/A.

GOM Haddock

May 1-February 28 (or 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.

50 CFR 648.89(c)(4) (enhanced display)

page 441 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.89(c)(5)

(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
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

50 CFR 648.89(e)(3)(iii) (enhanced display)

page 442 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.89(e)(3)(iv)

(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,
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.
50 CFR 648.89(g) (enhanced display)

page 443 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.90

§ 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
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
50 CFR 648.90(a)(2)(ii) (enhanced display)

page 444 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

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.
(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;

50 CFR 648.90(a)(2)(iii)(P) (enhanced display)

page 445 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

(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;
(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
50 CFR 648.90(a)(2)(viii) (enhanced display)

page 446 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.90(a)(3)

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
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.

50 CFR 648.90(a)(4)(i)(A) (enhanced display)

page 447 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

(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
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
50 CFR 648.90(a)(4)(iii)(A) (enhanced display)

page 448 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

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).
(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
50 CFR 648.90(a)(4)(iii)(D)(1) (enhanced display)

page 449 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.90(a)(4)(iii)(D)(2)

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
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

50 CFR 648.90(a)(4)(iii)(H) (enhanced display)

page 450 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

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).
(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 —
50 CFR 648.90(a)(4)(iv) (enhanced display)

page 451 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

(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.
(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.

50 CFR 648.90(a)(5)(i)(A) (enhanced display)

page 452 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

(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
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).

50 CFR 648.90(a)(5)(i)(E) (enhanced display)

page 453 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.90(a)(5)(i)(E)(1)

(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.
(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′

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.

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

page 454 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

N latitude

W longitude

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′

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′

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.

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

page 455 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

N latitude

W longitude

4

40°20′

73°50′

5

40°20′

( 2)

6

( 3)

73°58.5′

7

( 4)
5

8

40°32.6′
1

1

( )

73°58.5′
5

73°56.4′
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
50 CFR 648.90(a)(5)(i)(E)(6) (enhanced display)

page 456 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

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
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.

50 CFR 648.90(a)(5)(i)(F)(2) (enhanced display)

page 457 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.90(a)(5)(i)(F)(3)

(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.
(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
50 CFR 648.90(a)(5)(i)(G) (enhanced display)

page 458 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

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
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′

50 CFR 648.90(a)(5)(i)(G) (enhanced display)

page 459 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

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

N latitude

W longitude

3

42°20′

70°15′

4

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
50 CFR 648.90(a)(5)(ii)(B) (enhanced display)

page 460 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

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-

50 CFR 648.90(a)(5)(iv)(A) (enhanced display)

page 461 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.90(a)(5)(iv)(B)

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.
50 CFR 648.90(a)(6)(ii) (enhanced display)

page 462 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.90(a)(6)(iii)

(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.

50 CFR 648.90(b)(1)(iv)(A) (enhanced display)

page 463 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.90(b)(1)(iv)(B)

(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 —

50 CFR 648.90(b)(2)(ii) (enhanced display)

page 464 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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

50 CFR 648.90(b)(4)(i) (enhanced display)

page 465 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.90(b)(4)(ii)

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.

50 CFR 648.90(c)(1) (enhanced display)

page 466 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(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
50 CFR 648.90(c)(3) (enhanced display)

page 467 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.90(c)(3)(i)

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.

50 CFR 648.90(d)(3) (enhanced display)

page 468 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

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.
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.
(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
50 CFR 648.91(b) (enhanced display)

page 469 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.91(c)

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;
(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

50 CFR 648.91(c)(1)(v)(C) (enhanced display)

page 470 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.91(c)(1)(v)(D)

(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.
(d) New Jersey Atlantic Sturgeon Bycatch Reduction Area —
(1) Area Definition: The New Jersey Dogfish and Monkfish Atlantic Sturgeon Bycatch Reduction Area is
defined by straight lines connecting the following points in the order stated:

TABLE 1 TO PARAGRAPH (d)
Point

N lat.

W long.

NJ1

40°24′

73°54′

NJ2

40°9′

73°24′

NJ3

39°30′

73°51′

NJ4

39°48′

74°12′

NJ1

40°24′

73°54′

(2) Restrictions in the New Jersey Atlantic Sturgeon Bycatch Reduction Area. Effective year round
beginning on January 1, 2026, vessels may not fish with gillnet gear under a Monkfish DAS within the
New Jersey Atlantic Sturgeon Bycatch Reduction Area unless:
(i)

A vessel is fishing on a monkfish-only DAS within the MA Exemption Area and in accordance
with the requirements set forth at § 648.80(c)(5)(ii), with roundfish gillnets with a mesh size
equal to or greater than 5 inches (12.7 cm) and less than 10 inches (25.4 cm).

(ii) A vessel is fishing with low profile gillnet gear, as defined in § 648.2.
50 CFR 648.91(d)(2)(ii) (enhanced display)

page 471 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.92

[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; 89 FR 102838, Dec.
18, 2024]

§ 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
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

50 CFR 648.92(b)(1)(iii)(B) (enhanced display)

page 472 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.92(b)(1)(iii)(C)

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
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.
50 CFR 648.92(b)(1)(vi)(B) (enhanced display)

page 473 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.92(b)(2)

(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
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.

50 CFR 648.92(b)(2)(iii)(B) (enhanced display)

page 474 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.92(b)(2)(iii)(B)(1)

(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 —
(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
50 CFR 648.92(b)(4)(ii)(C) (enhanced display)

page 475 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.92(b)(4)(ii)(D)

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]
(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.

50 CFR 648.92(b)(8)(i)(B) (enhanced display)

page 476 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.92(b)(8)(ii)

(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.
(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 —
50 CFR 648.92(c) (enhanced display)

page 477 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.92(c)(1)

(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.
(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);

50 CFR 648.92(c)(2)(i)(A) (enhanced display)

page 478 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.92(c)(2)(i)(B)

(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.

§ 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
17 inches (43.2 cm)

Tail Length
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]

50 CFR 648.93(b) (enhanced display)

page 479 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.94

§ 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
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.
50 CFR 648.94(b)(1)(iv) (enhanced display)

page 480 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.94(b)(2)

(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.
(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.
50 CFR 648.94(b)(3)(ii)(A) (enhanced display)

page 481 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.94(b)(3)(ii)(B)

(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
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.
50 CFR 648.94(c)(1)(ii) (enhanced display)

page 482 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.94(c)(2)

(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
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
50 CFR 648.94(c)(3)(iv) (enhanced display)

page 483 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.94(c)(4)

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
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

50 CFR 648.94(c)(8)(i) (enhanced display)

page 484 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.94(c)(8)(ii)

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.
(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.

50 CFR 648.95(a)(1) (enhanced display)

page 485 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.95(a)(2)

(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.
(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.

50 CFR 648.95(e)(2) (enhanced display)

page 486 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.95(e)(3)

(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.
(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.

50 CFR 648.96(a) (enhanced display)

page 487 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.96(a)(1)

(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
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

50 CFR 648.96(a)(3)(iii) (enhanced display)

page 488 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.96(a)(3)(iii)(A)

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.
(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

50 CFR 648.96(b)(1)(i) (enhanced display)

page 489 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.96(b)(1)(ii)

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:
(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.
50 CFR 648.96(b)(4)(iii) (enhanced display)

page 490 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.96(c)

(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
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

50 CFR 648.96(d)(2)(i) (enhanced display)

page 491 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.96(d)(2)(ii)

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.
(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′

50 CFR 648.97(a) (enhanced display)

page 492 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.97(b)

N. Lat.

(5) OC1

W. Long.
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]

Subpart G—Management Measures for the Summer Flounder Fisheries
§ 648.100 Summer flounder Annual Catch Limit (ACL).
(a) Annual catch limits. The Monitoring Committee shall recommend to the MAFMC separate ACLs for the
commercial and recreational summer flounder fisheries, the sum total of which shall be equal to the ABC
recommended by the SSC.
(1) Sector allocations. The commercial and recreational fishing sector ACLs will be established based on
the allocations defined in the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
(FMP).
(2) Periodicity. The summer flounder commercial and recreational sector ACLs may be established on
an annual basis for up to 3 years at a time, dependent on whether the SSC provides single or multiple
year ABC recommendations.
(b) Performance review. The Monitoring Committee shall conduct a detailed review of fishery performance
relative to the sector ACLs at least every 5 years.
(1) If one or both of the sector-specific ACLs is exceeded with a frequency greater than 25 percent (i.e.,
more than once in 4 years or any 2 consecutive years), the Monitoring Committee will review fishery
performance information and consider whether changes in measures are needed.
50 CFR 648.100(b)(1) (enhanced display)

page 493 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.100(b)(2)

(2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of
a stock rebuilding plan following a determination that the summer flounder stock has become
overfished.
(3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs
have been exceeded but may be conducted in conjunction with such reviews.
[76 FR 60626, Sept. 29, 2011, as amended at 87 FR 68929, Nov. 17, 2022; 88 FR 14507, Mar. 9, 2023]

§ 648.101 Summer flounder Annual Catch Target (ACT).
(a) Annual catch target. The Monitoring Committee shall identify and review the relevant sources of
management uncertainty to recommend ACTs for the commercial and recreational fishing sectors as part
of the summer flounder specification process. The Monitoring Committee recommendations shall identify
the specific sources of management uncertainty that were considered, technical approaches to mitigating
these sources of uncertainty, and any additional relevant information considered in the ACT
recommendation process.
(1) Sectors. Commercial and recreational specific ACTs shall be less than or equal to the sector-specific
ACLs. The Monitoring Committee shall recommend any reduction in catch necessary to address
sector-specific management uncertainty, consistent with this paragraph (a).
(2) Periodicity. ACTs may be established on an annual basis for up to 3 years at a time, dependent on
whether the SSC provides single or multiple year ABC recommendations.
(b) Performance review. The Monitoring Committee shall conduct a detailed review of fishery performance
relative to ACTs in conjunction with any ACL performance review, as outlined in § 648.100(b)(1) through
(3).
[76 FR 60626, Sept. 29, 2011, as amended at 88 FR 14507, Mar. 9, 2023]

§ 648.102 Summer flounder specifications.
(a) Commercial quota, recreational landing limits, research set-asides, and other specification measures. The
Monitoring Committee shall recommend to the MAFMC, through the specifications process, for use in
conjunction with each ACL and ACT, a sector-specific research set-aside, estimates of sector-related
discards, a recreational harvest limit, and a commercial quota, along with other measures, as needed to
prevent overages of the applicable specified limits or targets for each sector, as prescribed in the FMP.
The measures to be considered by the Monitoring Committee are:
(1) Research quota set from a range of 0 to 3 percent of the allowable landings level for both the
commercial and recreational sectors.
(2) Commercial minimum fish size.
(3) Minimum mesh size.
(4) Restrictions on gear other than otter trawls.
(5) Adjustments to the exempted area boundary and season specified in § 648.108(b)(1) by 30-minute
intervals of latitude and longitude and 2-week intervals, respectively, based on data reviewed by
Summer Flounder Monitoring Committee during the specification process, to prevent discarding of
sublegal sized summer flounder in excess of 10 percent, by weight.
50 CFR 648.102(a)(5) (enhanced display)

page 494 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.102(a)(6)

(6) Recreational possession limit set from a range of 0 to 15 summer flounder.
(7) Recreational minimum and/or maximum fish size.
(8) Recreational season.
(9) Recreational state conservation equivalent and precautionary default measures utilizing possession
limits, minimum fish sizes, and/or seasons set after reductions for research quota.
(10) Changes, as appropriate, 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.
(11) Modification of existing accountability measures and ACT control rules utilized by the Monitoring
Committee.
(b) Specification fishing measures. The MAFMC shall review the recommendations of the Monitoring
Committee and, based on the recommendations and any public comment, recommend to the Regional
Administrator measures that are projected to constrain the sectors to the applicable limit or target as
prescribed in the FMP. The MAFMC's recommendations must include supporting documentation, as
appropriate, concerning the environmental and economic impacts of the recommendations. The Regional
Administrator shall review these recommendations and any recommendations of the ASMFC.
(c) After such review, the Regional Administrator will publish a proposed rule in the FEDERAL REGISTER to
implement a coastwide commercial quota, a recreational harvest limit, research set-aside, adjustments to
ACL or ACT resulting from AMs, and additional management measures for the commercial fishery. After
considering public comment, NMFS will publish a final rule in the FEDERAL REGISTER.
(1) Distribution of annual commercial quota.
(i)

For years when the annual commercial quota is at or below 9,550,000 lb (4,332 mt), the quota
will be distributed to the states, based upon the following percentages (state followed by
percent share in parenthesis): Maine (0.04756); New Hampshire (0.00046); Massachusetts
(6.82046); Rhode Island (15.68298); Connecticut (2.25708); New York (7.64699); New Jersey
(16.72499); Delaware (0.01779); Maryland (2.03910); Virginia (21.31676); and North Carolina
(27.44584).

(ii) For years when the annual commercial quota is greater than 9,550,000 lb (4,332 mt), the quota
up to this amount will be distributed as outlined in paragraph (c)(1)(i) of this section, and the
additional quota above 9,550,000 lb (4,332 mt) will be distributed based upon the following
percentages (state followed by percent share in parenthesis): Maine (0.333); New Hampshire
(0.333); Massachusetts (12.375); Rhode Island (12.375); Connecticut (12.375); New York
(12.375); New Jersey (12.375); Delaware (0.333); Maryland (12.375); Virginia (12.375); and
North Carolina (12.375).
(2) Quota transfers and combinations. Any state implementing a state commercial quota for summer
flounder may request approval from the Regional Administrator to transfer part or its entire annual
quota to one or more states. Two or more states implementing a state commercial quota for
summer flounder may request approval from the Regional Administrator to combine their quotas, or
part of their quotas, into an overall regional quota. Requests for transfer or combination of
commercial quotas for summer flounder must be made by individual or joint letter(s) signed by the
principal state official with marine fishery management responsibility and expertise, or his/her

50 CFR 648.102(c)(2) (enhanced display)

page 495 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.102(c)(2)(i)

previously named designee, for each state involved. The letter(s) must certify that all pertinent state
requirements have been met and identify the states involved and the amount of quota to be
transferred or combined.
(i)

Within 10 working days following the receipt of the letter(s) from the states involved, the
Regional Administrator shall notify the appropriate state officials of the disposition of the
request. In evaluating requests to transfer a quota or combine quotas, the Regional
Administrator shall consider whether:
(A) The transfer or combination would preclude the overall annual quota from being fully
harvested;
(B) The transfer addresses an unforeseen variation or contingency in the fishery; and
(C) The transfer is consistent with the objectives of the FMP and the Magnuson-Stevens Act.

(ii) The transfer of quota or the combination of quotas will be valid only for the calendar year for
which the request was made;
(iii) A state may not submit a request to transfer quota or combine quotas if a request to which it is
party is pending before the Regional Administrator. A state may submit a new request when it
receives notice that the Regional Administrator has disapproved the previous request or when
notice of the approval of the transfer or combination has been filed at the Office of the Federal
Register.
(iv) If there is a quota overage among states involved in the combination of quotas at the end of the
fishing year, the overage will be deducted from the following year's quota for each of the states
involved in the combined quota. The deduction will be proportional, based on each state's
relative share of the combined quota for the previous year. A transfer of quota or combination
of quotas does not alter any state's percentage share of the overall quota specified in
paragraph (d)(1)(i) of this section.
(d) Recreational specification measures. The MAFMC shall review the recommendations of the Monitoring
Committee and, based on the recommendations and any public comment, recommend to the Regional
Administrator measures that are projected to prevent overages of the applicable recreational target, as
prescribed in the FMP, for an upcoming fishing year or years. The MAFMC's recommendations must
include supporting documentation, as appropriate, concerning the environmental and economic impacts
of the recommendations. The MAFMC and the ASMFC will recommend that the Regional Administrator
implement either:
(1) Coastwide measures. Annual, or multi-year, coastwide management measures projected to achieve
the applicable recreational target as prescribed in the FMP, or
(2) Conservation equivalent measures. Individual states, or regions formed voluntarily by adjacent states
(i.e., multi-State conservation equivalency regions), may implement different combinations of
minimum and/or maximum fish sizes, possession limits, and closed seasons that achieve equivalent
conservation as the coastwide measures established under paragraph (e)(1) of this section. Each
State or multi-State conservation equivalency region may implement measures by mode or area only
if the proportional standard error of recreational landing estimates by mode or area for that State is
less than 30 percent.

50 CFR 648.102(d)(2) (enhanced display)

page 496 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.102(d)(2)(i)

After review of the recommendations, the Regional Administrator will publish a proposed rule in
the FEDERAL REGISTER as soon as possible to implement the overall recreational target for the
fishing year(s), and the ASMFC's recommendation concerning conservation equivalency, the
precautionary default measures, and coastwide measures.

(ii) The ASMFC will review conservation equivalency proposals and determine whether or not they
achieve the necessary adjustment to recreational landings. The ASMFC will provide the
Regional Administrator with the individual State and/or multi-State region conservation
measures for the approved State and/or multi-State region proposals and, in the case of
disapproved State and/or multi-State region proposals, the precautionary default measures that
should be applied to a State or region. At the request of the ASMFC, precautionary default
measures would apply to federally permitted party/charter vessels and other recreational
fishing vessels harvesting summer flounder in or from the EEZ when landing in a State that
implements measures not approved by the ASMFC.
(iii) After considering public comment, the Regional Administrator will publish a final rule in the
FEDERAL REGISTER to implement either the State or regional conservation equivalency measures
or coastwide measures to ensure that the applicable specified target is not exceeded.
(iv) The ASMFC may allow states or regions assigned the precautionary default measures to
resubmit revised management measures. The ASMFC will detail the procedures by which the
State or region can develop alternate measures. The ASMFC will notify the Regional
Administrator of any resubmitted State or regional proposals approved subsequent to
publication of the final rule and the Regional Administrator will publish a document in the
FEDERAL REGISTER to notify the public.
(e) Research quota. See § 648.22(g).
[76 FR 60626, Sept. 29, 2011, as amended at 76 FR 81849, Dec. 29, 2011; 80 FR 37196, June 30, 2015; 84 FR 65702, Nov. 29, 2019;
85 FR 36803, June 18, 2020; 85 FR 80666, Dec. 14, 2020; 88 FR 14507, Mar. 9, 2023]

§ 648.103 Summer flounder accountability measures.
(a) Commercial sector EEZ closure. The Regional Administrator shall close the EEZ to fishing for summer
flounder by commercial vessels for the remainder of the calendar year by publishing notification in the
FEDERAL REGISTER if he/she determines that the inaction of one or more states will cause the commercial
sector ACL to be exceeded, or if the commercial fisheries in all states have been closed. The Regional
Administrator may reopen the EEZ if earlier inaction by a state has been remedied by that state, or if
commercial fisheries in one or more states have been reopened without causing the sector ACL to be
exceeded.
(b) State commercial landing quotas. The Regional Administrator will monitor state commercial quotas based
on dealer reports and other available information and shall determine the date when a state commercial
quota will be harvested. The Regional Administrator shall publish notification in the FEDERAL REGISTER
advising a state that, effective upon a specific date, its commercial quota has been harvested and
notifying vessel and dealer permit holders that no commercial quota is available for landing summer
flounder in that state.
(1) Commercial ACL overage evaluation. The commercial sector ACL will be evaluated based on a singleyear examination of total catch (landings and dead discards). Both landings and dead discards will
be evaluated in determining if the commercial sector ACL has been exceeded.
50 CFR 648.103(b)(1) (enhanced display)

page 497 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.103(b)(2)

(2) Commercial landings overage repayment. All summer flounder landed for sale in a state shall be
applied against that state's annual commercial quota, regardless of where the summer flounder
were harvested. Any landings in excess of the commercial quota in any state, inclusive of any stateto-state transfers, will be deducted from that state's annual quota for the following year in the final
rule that establishes the annual state-by-state quotas, irrespective of whether the commercial sector
ACL is exceeded. The overage deduction will be based on landings for the current year through
October 31 and on landings for the previous calendar year that were not included when the overage
deduction was made in the final rule that established the annual quota for the current year. If the
Regional Administrator determines during the fishing year that any part of an overage deduction was
based on erroneous landings data that were in excess of actual landings for the period concerned,
he/she will restore the overage that was deducted in error to the appropriate quota allocation. The
Regional Administrator will publish notification in the FEDERAL REGISTER announcing such restoration.
(3) Non-landing accountability measure. In the event that the commercial ACL is exceeded and that the
overage has not been accommodated through the landings-based AM, then the following procedure
will be followed:
(i)

Overfishing, rebuilding, or unknown stock status. If the most recent estimate of biomass is
below the BMSY threshold (i.e., B/BMSY is less than 0.5), the stock is under a rebuilding plan, or
the biological reference points (B or BMSY) are unknown, and the commercial ACL has been
exceeded, then the exact amount, in pounds, by which the most recent year's commercial catch
estimate exceeded the most recent year's commercial ACL will be deducted, in the following
fishing year from the commercial ACT, as a single-year adjustment.

(ii) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. If
the most recent estimate of biomass is above the biomass threshold (B/BMSY is greater than
0.5), but below the biomass target (B/BMSY is less than 1.0), and the stock is not under a
rebuilding plan, then the following AMs will apply:
(A) If the Commercial ACL has been exceeded, but not the overall ABC, then no single-year AM
payback is required.
(B) If the Commercial ACL and ABC have been exceeded, then a scaled single-year adjustment
to the commercial ACT will be made, in the following fishing year. The ACT will be reduced
by the exact amount, in pounds, of the product of the overage, defined as the difference
between the commercial catch and the commercial ACT, and the payback coefficient. The
payback coefficient is the difference between the most recent estimate of biomass and
BMSY (i.e., BMSY−B) divided by one-half of BMSY.
(iii) If biomass is above BMSY. If the most recent estimate of biomass is above BMSY (i.e., B/BMSY is
greater than 1.0), then no single-year AM payback is required.
(c) Recreational ACL Evaluation. The recreational sector ACL will be evaluated based on a 3-year moving
average comparison of total catch (landings and dead discards). Both landings and dead discards will be
evaluated in determining if the 3-year average recreational sector ACL has been exceeded.
(d) Recreational AMs. If the recreational ACL is exceeded, then the following procedure will be followed:
(1) If biomass is below the threshold, the stock is under rebuilding, or biological reference points are
unknown. If the most recent estimate of biomass is below the BMSY threshold (i.e., B/BMSY is less
than 0.5),), the stock is under a rebuilding plan, or the biological reference points (B or BMSY) are
unknown, and the recreational ACL has been exceeded, then the exact amount, in pounds, by which
50 CFR 648.103(d)(1) (enhanced display)

page 498 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.103(d)(2)

the most recent 3-year average recreational catch estimate exceeded the most recent 3-year average
recreational ACL will be deducted, in the following fishing year, or as soon as possible, thereafter,
once catch data are available, from the recreational ACT. This payback may be evenly spread over 2
years if doing so allows for use of identical recreational management measures across the
upcoming 2 years.
(2) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. If the
most recent estimate of biomass is above the biomass threshold (B/BMSY is greater than 0.5), but
below the biomass target (B/BMSY is less than 1.0), and the stock is not under a rebuilding plan, then
the following AMs will apply:
(i)

If the Recreational ACL has been exceeded. If the Recreational ACL has been exceeded, then
adjustments to the recreational management measures, taking into account the performance
of the measures and conditions that precipitated the overage, will be made in the following
fishing year, or as soon as possible thereafter, once catch data are available, as a single-year
adjustment.

(ii) If the fishing mortality (F) has exceeded FMSY (or the proxy). If the most recent estimate of total
fishing mortality exceeds FMSY (or the proxy), then an adjustment to the recreational ACT will
be made as soon as possible, once catch data are available, as described in paragraph
(d)(2)(ii)(A) of this section. If an estimate of total fishing mortality is not available for the most
recent complete year of catch data, then a comparison of total catch relative to the ABC will be
used.
(A) Adjustment to Recreational ACT. If an adjustment to the following year's Recreational ACT
is required, then the ACT will be reduced by the exact amount, in pounds, of the product of
the overage, defined as the difference between the most recent 3-year average
recreational catch and the most recent 3-year recreational ACL, and the payback
coefficient, as specified in paragraph (d)(2)(ii)(B) of this section. This payback may be
evenly spread over 2 years if doing so allows for use of identical recreational management
measures across the upcoming 2 years.
(B) Payback coefficient. The payback coefficient is the difference between the most recent
estimate of biomass and BMSY (i.e., BMSY−B) divided by one-half of BMSY.
(3) If biomass is above BMSY. If the most recent estimate of biomass is above BMSY (i.e., B/BMSY is
greater than 1.0), then adjustments to the recreational management measures, taking into account
the performance of the measures and conditions that precipitated the overage, will be made in the
following fishing year, or as soon as possible thereafter, once catch data are available, as a singleyear adjustment.
(e) State/Federal disconnect AM. If the total catch, allowable landings, commercial quotas, and/or RHL
measures adopted by the ASMFC Summer Flounder, Scup and Black Sea Bass Management Board and
the MAFMC differ for a given fishing year, administrative action will be taken as soon as possible to revisit
the respective recommendations of the two groups. The intent of this action shall be to achieve alignment
through consistent state and Federal measures such that no differential effects occur on Federal permit
holders.
[76 FR 60628, Sept. 29, 2011, as amended at 78 FR 76763, Dec. 19, 2013; 83 FR 53826, Oct. 25, 2018; 88 FR 14508, Mar. 9, 2023]

50 CFR 648.103(e) (enhanced display)

page 499 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.104

§ 648.104 Summer flounder size requirements.
(a) Moratorium (commercial) permitted vessels. The minimum size for summer flounder is 14 inches (35.6
cm) TL for all vessels issued a moratorium permit under § 648.4(a)(3), except on board party and charter
boats carrying passengers for hire or carrying more than three crew members, if a charter boat, or more
than five crew members, if a party boat.
(b) Party/charter permitted vessels and recreational fishery participants. The minimum size for summer
flounder is 18.5 inches (46.99 cm) total length for all vessels that do not qualify for a summer flounder
moratorium permit under § 648.4(a)(3), and charter boats holding a summer flounder moratorium permit
if fishing with more than three crew members, or party boats holding a summer flounder moratorium
permit if fishing with passengers for hire or carrying more than five crew members, unless otherwise
specified in the conservation-equivalency regulations at § 648.107. If conservation equivalency is not in
effect in any given year, possession of smaller (or larger, if applicable) summer flounder harvested from
state waters is allowed for state-only permitted vessels when transiting Federal waters within the Block
Island Sound Transit Area provided they follow the provisions at § 648.111 and abide by state regulations.
(c) Measurement. The size limits in this section apply to whole fish or to any part of a fish found in
possession, e.g., fillets, except that party and charter vessels fishing exclusively in state waters
possessing valid state permits authorizing filleting at sea may possess fillets smaller than the size
specified if all state requirements are met.
[76 FR 60629, Sept. 29, 2011, as amended at 78 FR 37479, June 21, 2013; 82 FR 31494, July 7, 2017; 84 FR 65702, Nov. 29, 2019;
87 FR 35116, June 9, 2022; 88 FR 55418, Aug. 15, 2023; 89 FR 32378, Apr. 26, 2024]

§ 648.105 Summer flounder recreational fishing season.
No person may fish for summer flounder in the EEZ from October 1 to May 7 unless that person is the owner or
operator of a fishing vessel issued a commercial summer flounder moratorium permit, or is issued a summer
flounder dealer permit, or unless otherwise specified in the conservation-equivalency measures at § 648.107.
Persons aboard a commercial vessel that is not eligible for a summer flounder moratorium permit are subject to
this recreational fishing season. This time period may be adjusted pursuant to the procedures in § 648.102.
Possession of summer flounder harvested from state waters during this time is allowed for state-only permitted
vessels when transiting Federal waters within the Block Island Sound Transit Area provided they follow the
provisions at § 648.111 and abide by state regulations.
[89 FR 32378, Apr. 26, 2024]

§ 648.106 Summer flounder possession restrictions.
(a) Party/charter and recreational possession limits. No person shall possess more than three summer
flounder in, or harvested from, the EEZ, per trip unless that person is the owner or operator of a fishing
vessel issued a summer flounder moratorium permit, or is issued a summer flounder dealer permit, or
unless otherwise specified in the conservation-equivalency measures at § 648.107. Persons aboard a
commercial vessel that is not eligible for a summer flounder moratorium permit are subject to this
possession limit. The owner, operator, and crew of a charter or party boat issued a summer flounder
moratorium permit are subject to the possession limit when carrying passengers for hire or when carrying
more than five crew members for a party boat, or more than three crew members for a charter boat. This
possession limit may be adjusted pursuant to the procedures in § 648.102. Possession of summer
50 CFR 648.106(a) (enhanced display)

page 500 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.106(b)

flounder harvested from state waters above this possession limit is allowed for state-only permitted
vessels when transiting Federal waters within the Block Island Sound Transit Area provided they follow
the provisions at § 648.111 and abide by state regulations.
(b) If whole summer flounder are processed into fillets, the number of fillets will be converted to whole
summer flounder at the place of landing by dividing the fillet number by two. If summer flounder are
filleted into single (butterfly) fillets, each fillet is deemed to be from one whole summer flounder.
(c) Summer flounder harvested by vessels subject to the possession limit with more than one person on
board may be pooled in one or more containers. Compliance with the possession limit will be determined
by dividing the number of summer flounder on board by the number of persons on board, other than the
captain and the crew. If there is a violation of the possession limit on board a vessel carrying more than
one person, the violation shall be deemed to have been committed by the owner and operator of the
vessel.
(d) Commercially permitted vessel possession limits. Owners and operators of otter trawl vessels issued a
permit under § 648.4(a)(3) that fish with or possess nets or pieces of net on board that do not meet the
minimum mesh requirements and that are not stowed in accordance with § 648.108(e), may not retain
100 lb (45.4 kg) or more of summer flounder from May 1 through October 31, or 200 lb (90.7 kg) or more
of summer flounder from November 1 through April 30, unless the vessel possesses a valid summer
flounder small-mesh exemption LOA and is fishing in the exemption area as specified in § 648.108(b).
Summer flounder on board these vessels must be stored so as to be readily available for inspection in
standard 100-lb (45.3-kg) totes or fish boxes having a liquid capacity of 18.2 gal (70 L), or a volume of not
more than 4,320 in3 (2.5 ft3 or 70.79 cm3).
[76 FR 60629, Sept. 29, 2011, as amended at 78 FR 37479, June 21, 2013; 80 FR 35258, June 19, 2015; 82 FR 31494, July 7, 2017;
84 FR 65703, Nov. 29, 2019; 88 FR 55418, Aug. 15, 2023; 89 FR 32378, Apr. 26, 2024]

§ 648.107 Conservation equivalent measures for the summer flounder fishery.
(a) The Regional Administrator has determined that the recreational fishing measures proposed to be
implemented by the states of Maine through North Carolina for 2024 and 2025 are the conservation
equivalent of the season, size limits, and possession limit prescribed in §§ 648.104(b), 648.105, and
648.106. This determination is based on a recommendation from the Summer Flounder Board of the
Atlantic States Marine Fisheries Commission.
(1) Federally permitted vessels subject to the recreational fishing measures of this part, and other
recreational fishing vessels harvesting summer flounder in or from the EEZ and subject to the
recreational fishing measures of this part, landing summer flounder in a state whose fishery
management measures are determined by the Regional Administrator to be conservation equivalent
shall not be subject to the more restrictive Federal measures, pursuant to the provisions of §
648.4(b). Those vessels shall be subject to the recreational fishing measures implemented by the
state in which they land.
(2) [Reserved]
(b) Federally permitted vessels subject to the recreational fishing measures of this part, and other
recreational fishing vessels registered in states and subject to the recreational fishing measures of this
part, whose fishery management measures are not determined by the Regional Administrator to be the
conservation equivalent of the season, size limits and possession limit prescribed in §§ 648.102,
648.103(b), and 648.105(a), respectively, due to the lack of, or the reversal of, a conservation equivalent
50 CFR 648.107(b) (enhanced display)

page 501 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.108

recommendation from the Summer Flounder Board of the Atlantic States Marine Fisheries Commission
shall be subject to the following precautionary default measures: Season—July 1 through August 31;
minimum size—20 inches (50.8 cm); and possession limit—two fish.
[79 FR 38264, July 7, 2014, as amended at 80 FR 35258, June 19, 2015; 81 FR 51378, Aug. 4, 2016; 82 FR 31494, July 7, 2017; 83
FR 24947, May 31, 2018; 84 FR 31745, July 3, 2019; 84 FR 65703, Nov. 29, 2019; 85 FR 36803, June 18, 2020; 86 FR 24361, May 6,
2021; 87 FR 35116, June 9, 2022; 88 FR 55418, Aug. 15, 2023; 89 FR 32378, Apr. 26, 2024]

§ 648.108 Summer flounder gear restrictions.
(a) General.
(1) Otter trawlers whose owners are issued a summer flounder permit and that land or possess 100 lb
(45.4 kg) or more of summer flounder from May 1 through October 31, or 200 lb (90.7 kg) or more of
summer flounder from November 1 through April 30, per trip, must fish with nets that have a
minimum mesh size of 5.5-inch (14.0-cm) diamond or 6.0-inch (15.2-cm) square mesh applied
throughout the body, extension(s), and codend portion of the net, except as required in a TED
extension, in accordance with § 223.206(d)(2)(iii) of this title.
(2) Mesh size is measured by using 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). The mesh size is the average of the
measurements of any series of 20 consecutive meshes for nets having 75 or more meshes, and 10
consecutive meshes for nets having fewer than 75 meshes, when using either the Omega gauge or
the wedge-shaped gauge. The mesh in the regulated portion of the net is measured at least five
meshes away from the lacings, running parallel to the long axis of the net.
(b) Exemptions. Unless otherwise restricted by this part, the minimum mesh-size requirements specified in
paragraph (a)(1) of this section do not apply to:
(1) Vessels issued a summer flounder moratorium permit, a Summer Flounder Small-Mesh Exemption
Area letter of authorization (LOA), required under paragraph (b)(1)(i) of this section, and fishing from
November 1 through April 30 in the exemption area, which is east of the line that follows 72°30.0′ W.
long. until it intersects the outer boundary of the EEZ (copies of a map depicting the area are
available upon request from the Regional Administrator). Vessels fishing under the LOA shall not fish
west of the line. Vessels issued a permit under § 648.4(a)(3)(iii) may transit the area west or south
of the line, if the vessel's fishing gear is stowed in a manner prescribed under § 648.108(e), so that it
is not “available for immediate use” outside the exempted area. The Regional Administrator may
terminate this exemption if he/she determines, after a review of sea sampling data, that vessels
fishing under the exemption are discarding more than 10 percent, by weight, of their entire catch of
summer flounder per trip. If the Regional Administrator makes such a determination, he/she shall
publish notification in the FEDERAL REGISTER terminating the exemption for the remainder of the
exemption season.
(i)

Requirements.

50 CFR 648.108(b)(1)(i) (enhanced display)

page 502 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.108(b)(1)(i)(A)

(A) A vessel fishing in the Summer Flounder Small-Mesh Exemption Area under this
exemption must have on board a valid LOA issued by the Regional Administrator.
(B) The vessel must be in enrolled in the exemption program for a minimum of 7 days.
(ii) [Reserved]
(2) Vessels fishing with a two-seam otter trawl fly net with the following configuration, provided that no
other nets or netting with mesh smaller than 5.5 inches (14.0 cm) are on board:
(i)

The net has large mesh in the wings that measures 8 inches (20.3 cm) to 64 inches (162.6 cm).

(ii) The first body section (belly) of the net has 35 or more meshes that are at least 8 inches (20.3
cm).
(iii) The mesh decreases in size throughout the body of the net to 2 inches (5 cm) or smaller
towards the terminus of the net.
(iv) The Regional Administrator may terminate this exemption if he/she determines, after a review
of sea sampling data, that vessels fishing under the exemption, on average, are discarding
more than 1 percent of their entire catch of summer flounder per trip. If the Regional
Administrator makes such a determination, he/she shall publish notification in the FEDERAL
REGISTER terminating the exemption for the remainder of the calendar year.
(c) Net modifications. No vessel subject to this part shall use any device, gear, or material, including, but not
limited to, nets, net strengtheners, ropes, lines, or chafing gear, on the top of the regulated portion of a
trawl net; except that, one splitting strap and one bull rope (if present) consisting of line or rope no more
than 3 inches (7.2 cm) in diameter may be used if such splitting strap and/or bull rope does not constrict,
in any manner, the top of the regulated portion of the net, and one rope no greater than 0.75 inches (1.9
cm) in diameter extending the length of the net from the belly to the terminus of the codend along the top,
bottom, and each side of the net. “Top of the regulated portion of the net” means the 50 percent of the
entire regulated portion of the net that (in a hypothetical situation) will not be in contact with the ocean
bottom during a tow if the regulated portion of the net were laid flat on the ocean floor. For the purpose of
this paragraph (c), head ropes shall not be considered part of the top of the regulated portion of a trawl
net. A vessel shall not use any means or mesh configuration on the top of the regulated portion of the net,
as defined paragraph (c) of this section, if it obstructs the meshes of the net or otherwise causes the size
of the meshes of the net while in use to diminish to a size smaller than the minimum specified in
paragraph (a) of this section.
(d) Mesh obstruction or constriction.
(1) A fishing vessel may not use any mesh configuration, mesh construction, or other means on or in the
top of the net, as defined in paragraph (c) of this section, that obstructs the meshes of the net in any
manner.
(2) No person on any vessel may possess or fish with a net capable of catching summer flounder in
which the bars entering or exiting the knots twist around each other.
(e) Stowage of nets. Otter trawl vessels retaining 100 lb (45.3 kg) or more of summer flounder from May 1
through October 31, or 200 lb (90.6 kg) or more of summer flounder from November 1 through April 30,
and subject to the minimum mesh size requirement of paragraph (a)(1) of this section may not have
“available for immediate use” any net or any piece of net that does not meet the minimum mesh size

50 CFR 648.108(e) (enhanced display)

page 503 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.108(f)

requirement, or any net, or any piece of net, with mesh that is rigged in a manner that is inconsistent with
the minimum mesh size requirement. Nets must be stowed and not available for immediate use as
defined in § 648.2.
(f) The minimum net mesh requirement may apply to any portion of the net. The minimum mesh size and the
portion of the net regulated by the minimum mesh size may be adjusted pursuant to the procedures in §
648.102.
[76 FR 60629, Sept. 29, 2011, as amended at 79 FR 52583, Sept. 4, 2014; 81 FR 51378, Aug. 4, 2016; 88 FR 7628, Feb. 6, 2023]

§ 648.109 Sea turtle conservation.
Sea turtle regulations are found at 50 CFR parts 222 and 223.
[76 FR 60630, Sept. 29, 2011]

§ 648.110 Summer flounder framework adjustments to management measures.
(a) Within season management action. The MAFMC may, at any time, initiate action to add or adjust
management measures within the Summer Flounder, Scup, and Black Sea Bass FMP if it finds that action
is necessary to meet or be consistent with the goals and objectives of the FMP.
(1) Adjustment process. The MAFMC shall develop and analyze appropriate management actions over
the span of at least two MAFMC meetings. The MAFMC must provide the public with advance notice
of the availability of the recommendation(s), appropriate justification(s) and economic and
biological analyses, and the opportunity to comment on the proposed adjustment(s) at the first
meeting and prior to and at the second MAFMC meeting. The MAFMC's recommendations on
adjustments or additions to management measures must come from one or more of the following
categories: Adjustments within existing ABC control rule levels; adjustments to the existing MAFMC
risk policy; introduction of new AMs, including sub-ACTs; minimum fish size; maximum fish size;
gear restrictions; gear requirements or prohibitions; permitting restrictions; recreational possession
limit; recreational seasons; closed areas; commercial seasons; commercial trip limits; commercial
quota system including commercial quota allocation procedure and possible quota set asides to
mitigate bycatch; recreational harvest limit; specification quota setting process; commercial/
recreational allocations; transfer provisions between the commercial and recreational sectors; FMP
Monitoring Committee composition and process; description and identification of essential fish
habitat (and fishing gear management measures that impact EFH); description and identification of
habitat areas of particular concern; regional gear restrictions; regional season restrictions (including
option to split seasons); restrictions on vessel size (LOA and GRT) or shaft horsepower; operator
permits; 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 seaday allocations, reports, and/or industry-funded observers or observer set aside programs; any other
commercial or recreational management measures; any other management measures currently
included in the FMP; and set aside quota for scientific research. Issues that require significant
departures from previously contemplated measures or that are otherwise introducing new concepts
may require an amendment of the FMP instead of a framework adjustment.
(2) MAFMC recommendation. After developing management actions and receiving public testimony, the
MAFMC shall make a recommendation to the Regional Administrator. The MAFMC's
recommendation must include supporting rationale, if management measures are recommended, an
50 CFR 648.110(a)(2) (enhanced display)

page 504 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.110(a)(2)(i)

analysis of impacts, and a recommendation to the Regional Administrator on whether to issue the
management measures as a final rule. If the MAFMC recommends that the management measures
should be issued as a final rule, it 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 the regulations would 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 recommended management
measures;
(iii) Whether there is an immediate need to protect the resource; and
(iv) Whether there will be a continuing evaluation of management measures adopted following their
implementation as a final rule.
(3) NMFS action. If the MAFMC's recommendation includes adjustments or additions to management
measures and, if after reviewing the MAFMC's recommendation and supporting information:
(i)

NMFS concurs with the MAFMC's recommended management measures and determines that
the recommended management measures should be issued as a final rule based on the factors
in paragraph (a)(2) of this section, the measures will be issued as a final rule in the FEDERAL
REGISTER.

(ii) If NMFS concurs with the MAFMC's recommended management measures 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 NMFS concurs with the MAFMC recommendation, the measures will be published
as a final rule in the FEDERAL REGISTER.
(iii) If NMFS does not concur, the MAFMC will be notified in writing of the reasons for the nonconcurrence.
(4) Emergency actions. Nothing in this section is meant to derogate from the authority of the Secretary
to take emergency action under section 305(e) of the Magnuson-Stevens Act.
(b) [Reserved]
[76 FR 60630, Sept. 29, 2011, as amended at 76 FR 1849, Dec.. 29, 2011; 80 FR 37196, June 30, 2015; 87 FR 68929, Nov. 17, 2022]

§ 648.111 Block Island Sound Transit Area.
(a) Vessels not issued a summer flounder Federal moratorium or party/charter permit, and recreational
fishing participants fishing exclusively in state waters may transit with summer flounder harvested from
state waters on board through Federal waters of the EEZ within Block Island Sound, north of a line
connecting Montauk Light, Montauk Point, NY, and Block Island Southeast Light, Block Island, RI; and west
of a line connecting Point Judith Light, Point Judith, RI, and Block Island Southeast Light, Block Island, RI.
Within this area, possession of summer flounder is permitted regardless of the minimum or maximum
size (as applicable), possession limit, and seasons outlined in §§ 648.104, 648.105, and 648.106,
provided no fishing takes place from the vessel while in Federal waters of the EEZ, the vessel complies
with state regulations, and is in continuous transit. During such transit through this area, commercial gear
50 CFR 648.111(a) (enhanced display)

page 505 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.111(b)

must be stowed in accordance with the definition of “not available for immediate use” found at § 648.2,
and party/charter vessels and recreational participants must have all bait and hooks removed from
fishing rods, and any summer flounder on board must be stored in a cooler or container.
(b) The requirements of this transit zone are not necessary or applicable for recreational fishery participants
during years when conservation equivalency has been adopted under § 648.107 conservation equivalency
measures and recreational Federal measures are waived.
[84 FR 65703, Nov. 29, 2019]

Subpart H—Management Measures for the Scup Fishery
Source: 61 FR 43426, Aug. 23, 1996, unless otherwise noted.

§ 648.120 Scup Annual Catch Limit (ACL).
(a) Annual catch limits. The Monitoring Committee shall recommend to the MAFMC separate ACLs for the
commercial and recreational scup fisheries, the sum total of which shall be equal to the ABC
recommended by the SSC.
(1) Sector allocations. The commercial and recreational fishing sector ACLs will be based on the
allocations defined in the Summer Flounder, Scup, and Black Sea Bass FMP.
(2) Periodicity. The scup commercial and recreational sector ACLs may be established on an annual
basis for up to 3 years at a time, dependent on whether the SSC provides single or multiple year ABC
recommendations.
(b) Performance review. The Monitoring Committee shall conduct a detailed review of fishery performance
relative to the sector ACLs at least every 5 years.
(1) If one or both of the sector-specific ACLs is exceeded with a frequency greater than 25 percent (i.e.,
more than once in 4 years or any 2 consecutive years), the Monitoring Committee will review fishery
performance information and consider whether changes to measures are needed.
(2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of
a stock rebuilding plan following a determination that the scup stock has become overfished.
(3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs
have been exceeded but may be conducted in conjunction with such reviews.
[76 FR 60631, Sept. 29, 2011, as amended at 87 FR 68930, Nov. 17, 2022; 88 FR 14508, Mar. 9, 2023]

§ 648.121 Scup Annual Catch Target (ACT).
(a) Annual catch targets. The Monitoring Committee shall identify and review the relevant sources of
management uncertainty to recommend ACTs for the commercial and recreational fishing sectors as part
of the scup specification process. The Monitoring Committee recommendations shall identify the specific
sources of management uncertainty that were considered, technical approaches to mitigating these
sources of uncertainty, and any additional relevant information considered in the ACT recommendation
process.
50 CFR 648.121(a) (enhanced display)

page 506 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.121(a)(1)

(1) Sectors. Commercial and recreational specific ACTs shall be less than or equal to the sector-specific
ACLs. The Monitoring Committee shall recommend any reduction in catch necessary to address
sector-specific management uncertainty, consistent with this paragraph (a).
(2) Periodicity. ACTs may be established on an annual basis for up to 3 years at a time, dependent on
whether the SSC provides single or multiple year ABC recommendations.
(b) Performance review. The Monitoring Committee shall conduct a detailed review of fishery performance
relative to ACTs in conjunction with any ACL performance review, as outlined in § 648.120(b)(1) through
(3).
[76 FR 60631, Sept. 29, 2011], as amended at 88 FR 14509, Mar. 9, 2023

§ 648.122 Scup specifications.
(a) Commercial quota, recreational landing limits, research set-asides, and other specification measures. The
Monitoring Committee shall recommend to the MAFMC and the ASMFC through the specifications
process, for use in conjunction with each ACL and ACT, a sector-specific research set-aside, estimates of
sector-related discards, a recreational harvest limit, and a commercial quota, along with other measures,
as needed, to prevent overages of the applicable specified limits or targets for each sector, as prescribed
in the FMP. The measures to be considered by the Monitoring Committee are as follows:
(1) Research quota set from a range of 0 to 3 percent of the maximum allowed to achieve the specified
exploitation rate.
(2) The commercial quota for each of the three periods specified in paragraph (c)(1) of this section for
research quota.
(3) Possession limits for the Winter I and Winter II periods, including possession limits that result from
potential rollover of quota from Winter I to Winter II. The possession limit is the maximum quantity
of scup that is allowed to be landed within a 24-hour period (calendar day).
(4) Percent of landings attained at which the landing limit for the Winter I period will be reduced.
(5) All scup landed for sale in any state during a quota period shall be applied against the coastwide
commercial quota for that period, regardless of where the scup were harvested, except as provided
in paragraph (c)(5) of this section.
(6) Minimum mesh size.
(7) Recreational possession limit set from a range of 0 to 50 scup.
(8) Recreational minimum fish size.
(9) Recreational season.
(10) Restrictions on gear.
(11) Season and area closures in the commercial fishery.
(12) Total allowable landings on an annual basis for a period not to exceed 3 years.
(13) Changes, as appropriate, 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.
50 CFR 648.122(a)(13) (enhanced display)

page 507 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.122(a)(14)

(14) Modification of existing AM measures and ACT control rules utilized by the Monitoring Committee.
(b) Specification of fishing measures. The MAFMC shall review the recommendations of the Monitoring
Committee. Based on these recommendations and any public comment, the MAFMC shall recommend to
the Regional Administrator measures necessary to prevent overages of the appropriate specified limits or
targets for each sector, as prescribed in the FMP. The MAFMC's recommendation must include
supporting documentation, as appropriate, concerning the environmental and economic impacts of the
recommendations. The Regional Administrator shall review these recommendations and any
recommendations of the ASMFC. After such review, NMFS will publish a proposed rule in the FEDERAL
REGISTER to implement a commercial quota, specifying the amount of quota allocated to each of the three
periods, possession limits for the Winter I and Winter II periods, including possession limits that result
from potential rollover of quota from Winter I to Winter II, the percentage of landings attained during the
Winter I fishery at which the possession limits will be reduced, a recreational harvest limit, and additional
management measures for the commercial and recreational fisheries.
(c) Distribution of commercial quota.
(1) The annual commercial quota will be allocated into three periods, based on the following
percentages:

Period

Percent

Winter I—January-April

45.11

Summer—May-September

38.95

Winter II—October-December

15.94

(2) The commercial quotas for each period will each be distributed to the coastal states from Maine
through North Carolina on a coastwide basis.
(d) Winter I and II commercial quota adjustment procedures. The Regional Administrator will monitor the
harvest of commercial quota for the Winter I period based on dealer reports, state data, and other
available information and shall determine the total amount of scup landed during the Winter I period. In
any year that the Regional Administrator determines that the landings of scup during Winter I are less
than the Winter I quota for that year, he/she shall increase, through publication of a notification in the
FEDERAL REGISTER, provided such rule complies with the requirements of the Administrative Procedure Act,
the Winter II quota for that year by the amount of the Winter I under-harvest. The Regional Administrator
shall also adjust, through publication of a notification in the FEDERAL REGISTER, the Winter II possession
limits consistent with the amount of the quota increase, based on the possession limits established
through the annual specifications-setting process.
(e) Research quota. See § 648.21(g).
[76 FR 60631, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37196, June 30, 2015; 83 FR 17315, Apr. 19, 2018;
88 FR 14509, Mar. 9, 2023]

50 CFR 648.122(e) (enhanced display)

page 508 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.123

§ 648.123 Scup accountability measures.
(a) Commercial sector period closures. The Regional Administrator will monitor the harvest of commercial
quota for each quota period based on dealer reports, state data, and other available information and shall
determine the date when the commercial quota for a period will be harvested. NMFS shall close the EEZ
to fishing for scup by commercial vessels for the remainder of the indicated period by publishing
notification in the FEDERAL REGISTER advising that, effective upon a specific date, the commercial quota for
that period has been harvested, and notifying vessel and dealer permit holders that no commercial quota
is available for landing scup for the remainder of the period.
(1) Commercial ACL overage evaluation. The commercial sector ACL will be evaluated based on a singleyear examination of total catch (landings and dead discards). Both landings and dead discards will
be evaluated in determining if the commercial sector ACL has been exceeded.
(2) Commercial landings overage repayment by quota period.
(i)

All scup landed for sale in any state during a quota period shall be applied against the
coastwide commercial quota for that period, regardless of where the scup were harvested,
except as provided in paragraph (a)(2)(iv) of this section, and irrespective of whether the
commercial sector ACL is exceeded. Any current year landings in excess of the commercial
quota in any quota period will be deducted from that quota period's annual quota in the
following year as prescribed in paragraphs (a)(2)(ii) through (iii) of this section:

(ii) For the Winter I and Summer quota periods, landings in excess of the allocation will be
deducted from the appropriate quota period for the following year in the final rule that
establishes the annual quota. The overage deduction will be based on landings for the current
year through September 30 and on landings for the previous calendar year that were not
included when the overage deduction was made in the final rule that established the period
quotas for the current year. If the Regional Administrator determines during the fishing year that
any part of an overage deduction was based on erroneous landings data that were in excess of
actual landings for the period concerned, he/she will restore the overage that was deducted in
error to the appropriate quota allocation. The Regional Administrator will publish notification in
the FEDERAL REGISTER announcing the restoration.
(iii) For the Winter II quota period, landings in excess of the allocation will be deducted from the
Winter II period for the following year through notification in the FEDERAL REGISTER during July of
the following year. The overage deduction will be based on landings information available for
the Winter II period as of June 30 of the following year. If the Regional Administrator
determines during the fishing year that any part of an overage deduction was based on
erroneous landings data that were in excess of actual landings for the period concerned, he/
she will restore the overage that was deducted in error to the appropriate quota allocation. The
Regional Administrator will publish notification in the FEDERAL REGISTER announcing the
restoration.
(iv) During a fishing year in which the Winter I quota period is closed prior to April 15, a state may
apply to the Regional Administrator for authorization to count scup landed for sale in that state
from April 15 through April 30 by state-only permitted vessels fishing exclusively in waters
under the jurisdiction of that state against the Summer period quota. Requests to the Regional
Administrator to count scup landings in a state from April 15 through April 30 against the
Summer period quota must be made by letter signed by the principal state official with marine
fishery management responsibility and expertise, or his/her designee, and must be received by
50 CFR 648.123(a)(2)(iv) (enhanced display)

page 509 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.123(b)

the Regional Administrator no later than April 15. Within 10 working days following receipt of
the letter, the Regional Administrator shall notify the appropriate state official of the disposition
of the request.
(b) Non-landing accountability measure. In the event that the commercial ACL has been exceeded and the
overage has not been accommodated through the landings-based AM, then the following procedure will
be followed:
(1) Overfishing, rebuilding, or unknown stock status. If the most recent estimate of biomass is below the
BMSY threshold (i.e., B/BMSY is less than 0.5), the stock is under a rebuilding plan, or the biological
reference points (B or BMSY) are unknown, and the commercial ACL has been exceeded, then the
exact amount, in pounds, by which the most recent year's commercial catch estimate exceeded the
most recent year's commercial ACL will be deducted, in the following fishing year from the
commercial ACT, as a single-year adjustment.
(2) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. If the
most recent estimate of biomass is above the biomass threshold (B/BMSY is greater than 0.5), but
below the biomass target (B/BMSY is less than 1.0), and the stock is not under a rebuilding plan, then
the following AMs will apply:
(i)

If the Commercial ACL has been exceeded, but not the overall ABC, then no single-year AM
payback is required.

(ii) If the Commercial ACL and ABC have been exceeded, then a scaled single-year adjustment to
the commercial ACT will be made, in the following fishing year. The ACT will be reduced by the
exact amount, in pounds, of the product of the overage, defined as the difference between the
commercial catch and the commercial ACT, and the payback coefficient. The payback
coefficient is the difference between the most recent estimate of biomass and BMSY (i.e.,
BMSY−B) divided by one-half of BMSY.
(3) If biomass is above BMSY. If the most recent estimate of biomass is above BMSY (i.e., B/BMSY is
greater than 1.0), then no single-year AM payback is required.
(c) Recreational ACL. The recreational sector ACL will be evaluated based on a 3-year moving average
comparison of total catch (landings and dead discards). Both landings and dead discards will be
evaluated in determining if the 3-year average recreational sector ACL has been exceeded.
(d) Recreational AMs. If the recreational ACL is exceeded, then the following procedure will be followed:
(1) If biomass is below the threshold, the stock is under rebuilding, or biological reference points are
unknown. If the most recent estimate of biomass is below the BMSY threshold (i.e., B/BMSY is less
than 0.5), the stock is under a rebuilding plan, or the biological reference points (B or BMSY) are
unknown, and the recreational ACL has been exceeded, then the exact amount, in pounds, by which
the most recent 3-year average recreational catch estimate exceeded the most recent 3-year average
recreational ACL will be deducted in the following fishing year, or as soon as possible, thereafter,
once catch data are available, from the recreational ACT. This payback may be evenly spread over 2
years if doing so allows for use of identical recreational management measures across the
upcoming 2 years.

50 CFR 648.123(d)(1) (enhanced display)

page 510 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.123(d)(2)

(2) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. If the
most recent estimate of biomass is above the biomass threshold (B/BMSY is greater than 0.5), but
below the biomass target (B/BMSY is less than 1.0), and the stock is not under a rebuilding plan, then
the following AMs will apply:
(i)

If the Recreational ACL has been exceeded. If the Recreational ACL has been exceeded, then
adjustments to the recreational management measures, taking into account the performance
of the measures and conditions that precipitated the overage, will be made in the following
fishing year, or as soon as possible thereafter, once catch data are available, as a single-year
adjustment.

(ii) If the fishing mortality (F) has exceeded FMSY (or the proxy). If the most recent estimate of total
fishing mortality exceeds FMSY (or the proxy), then an adjustment to the recreational ACT will
be made as soon as possible once catch data are available, as described in paragraph
(d)(2)(ii)(A) of this section. If an estimate of total fishing mortality for the most recent complete
year of catch data is not available, then a comparison of total catch relative to the ABC will be
used.
(A) Adjustment to Recreational ACT. If an adjustment to the following year's Recreational ACT
is required, then the ACT will be reduced by the exact amount, in pounds, of the product of
the overage, defined as the difference between the most recent 3-year average
recreational catch and the most recent 3-year average recreational ACL, and the payback
coefficient, as specified in paragraph (d)(2)(ii)(B) of this section. This payback may be
evenly spread over 2 years if doing so allows for use of identical recreational management
measures across the upcoming 2 years.
(B) Payback coefficient. The payback coefficient is the difference between the most recent
estimate of biomass and BMSY (i.e., BMSY−B) divided by one-half of BMSY.
(3) If biomass is above BMSY. If the most recent estimate of biomass is above BMSY (i.e., B/BMSY is
greater than 1.0), then adjustments to the recreational management measures, taking into account
the performance of the measures and conditions that precipitated the overage, will be made in the
following fishing year, or as soon as possible thereafter, once catch data are available, as a singleyear adjustment.
(e) State/Federal disconnect AM. If the total catch, allowable landings, commercial quotas, and/or RHL
measures adopted by the ASMFC Summer Flounder, Scup and Black Sea Bass Management Board and
the MAFMC differ for a given fishing year, administrative action will be taken as soon as possible to revisit
the respective recommendations of the two groups. The intent of this action shall be to achieve alignment
through consistent state and Federal measures such that no differential effects occur on Federal permit
holders.
[76 FR 60632, Sept. 29, 2011, as amended at 78 FR 76763, Dec. 19, 2013; 83 FR 17315, Apr. 19, 2018; 83 FR 53827, Oct. 25, 2018;
88 FR 14509, Mar. 9, 2023]

§ 648.124 Scup commercial season and commercial fishery area restrictions.
(a) Southern Gear Restricted Area —

50 CFR 648.124(a) (enhanced display)

page 511 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.124(a)(1)

(1) Restrictions. From January 1 through March 15, all trawl vessels in the Southern Gear Restricted Area
that fish for or possess non-exempt species as specified in paragraph (a)(2) of this section must fish
with nets that have a minimum mesh size of 5.0-inch (12.7-cm) diamond mesh, applied throughout
the codend for at least 75 continuous meshes forward of the terminus of the net. For trawl nets with
codends (including an extension) of fewer than 75 meshes, the entire trawl net must have a
minimum mesh size of 5.0 inches (12.7 cm) throughout the net. The Southern Gear Restricted Area
is an area bounded by 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):

SOUTHERN GEAR RESTRICTED AREA
Point

Latitude

Longitude

SGA1

39°20′ N

72°37′ W.

SGA2

39°4.38′ N

72°47.22′ W.

SGA3

38°28.65′ N

73°29.37′ W.

SGA4

38°29.72′ N

73°30.65′ W.

SGA5

38°26.32′ N

73°33.44′ W.

SGA6

38°25.08′ N

73°34.99′ W.

SGA7

38°13.15′ N

73°49.77′ W.

SGA8

38°13.74′ N

73°50.73′ W.

SGA9

38°11.98′ N

73°52.65′ W.

SGA10

37°29.53′ N

74°29.95′ W.

SGA11

37°29.43′ N

74°30.29′ W.

SGA12

37°28.6′ N

74°30.6′ W.

SGA13

37°6.97′ N

74°40.8′ W.

SGA14

37°5.83′ N

74°45.57′ W.

SGA15

37°4.43′ N

74°41.03′ W.

SGA16

37°3.5′ N

74°40.39′ W.

SGA17

37° N

74°43′ W.

SGA18

37° N

75°3′ W.

SGA19

38° N

74°23′ W.

SGA20

39°20′ N

72°53′ W.

SGA1

39°20′ N

72°37′ W.

(2) Non-exempt species. Unless otherwise specified in paragraph (d) of this section, the restrictions
specified in paragraph (a)(1) of this section apply only to vessels in the Southern Gear Restricted
Area that are fishing for or in possession of the following non-exempt species: Longfin squid; black
sea bass; and silver hake (whiting).
(b) Northern Gear Restricted Area 1 —

50 CFR 648.124(b) (enhanced display)

page 512 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.124(b)(1)

(1) Restrictions. From November 1 through December 31, all trawl vessels in the Northern Gear
Restricted Area 1 that fish for or possess non-exempt species as specified in paragraph (b)(2) of this
section must fish with nets of 5.0-inch (12.7-cm) diamond mesh, applied throughout the codend for
at least 75 continuous meshes forward of the terminus of the net. For trawl nets with codends
(including an extension) of fewer than 75 meshes, the entire trawl net must have a minimum mesh
size of 5.0 inches (12.7 cm) throughout the net. The Northern Gear Restricted Area 1 is an area
bounded by 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):

NORTHERN GEAR RESTRICTED AREA 1
Point

N. lat.

W. long.

NGA1

41°00′

71°00′

NGA2

41°00′

71°30′

NGA3

40°00′

72°40′

NGA4

40°00′

72°05′

NGA1

41°00′

71°00′

(2) Non-exempt species. Unless otherwise specified in paragraph (d) of this section, the restrictions
specified in paragraph (b)(1) of this section apply only to vessels in the Northern Gear Restricted
Area 1 that are fishing for, or in possession of, the following non-exempt species: Longfin squid
squid; black sea bass; and silver hake (whiting).
(c) Transiting. Vessels that are subject to the provisions of the Southern and Northern GRAs, as specified in
paragraphs (a) and (b) of this section, respectively, may transit these areas provided that trawl net
codends on board of mesh size less than that specified in paragraphs (a) and (b) of this section are
stowed and not available for immediate use as defined in § 648.2.
(d) [Reserved]
(e) Addition or deletion of exemptions. The MAFMC may recommend to the Regional Administrator, through
the framework procedure specified in § 648.130(a), additions or deletions to exemptions for fisheries
other than scup. A fishery may be restricted or exempted by area, gear, season, or other means
determined to be appropriate to reduce bycatch of scup.
(f) Exempted experimental fishing. The Regional Administrator may issue an exempted experimental fishing
permit (EFP) under the provisions of § 600.745(b), consistent with paragraph (d)(2) of this section, to
allow any vessel participating in a scup discard mitigation research project to engage in any of the
following activities: Fish in the applicable gear restriction area; use fishing gear that does not conform to
the regulations; possess non-exempt species specified in paragraphs (a)(2) and (b)(2) of this section; or
engage in any other activity necessary to project operations for which an exemption from regulatory
provision is required. Vessels issued an EFP must comply with all conditions and restrictions specified in
the EFP.

50 CFR 648.124(f) (enhanced display)

page 513 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.124(f)(1)

(1) A vessel participating in an exempted experimental fishery in the Scup Gear Restriction Area(s) must
carry an EFP authorizing the activity and any required Federal fishery permit on board.
(2) The Regional Administrator may not issue an EFP unless s/he determines that issuance is
consistent with the objectives of the FMP, the provisions of the Magnuson-Stevens Act, and other
applicable law and will not:
(i)

Have a detrimental effect on the scup resource and fishery;

(ii) Cause the quotas for any species of fish for any quota period to be exceeded;
(iii) Create significant enforcement problems; or
(iv) Have a detrimental effect on the scup discard mitigation research project.
[76 FR 60633, Sept. 29, 2011, as amended at 77 FR 16480, Mar. 21, 2012; 79 FR 52580, Sept. 4, 2014; 81 FR 78731, Nov. 9, 2016]

§ 648.125 Scup gear restrictions.
(a) Trawl vessel gear restrictions —
(1) Minimum mesh size. No owner or operator of an otter trawl vessel that is issued a scup moratorium
permit may possess more than 1,000 lb (454 kg) of scup from October 1 through April 14, more than
2,000 lb (907 kg) from April 15 through June 15, or more than 200 lb (91 kg) of scup from June 16
through September 30, unless fishing with nets that have a minimum mesh size of 5.0-inch
(12.7-cm) diamond mesh, applied throughout the codend for at least 75 continuous meshes forward
of the terminus of the net, and all other nets are stowed and not available for immediate use as
defined in § 648.2.
(2) Mesh-size measurement. Mesh sizes will be measured according to the procedure specified in §
648.108(a)(2).
(3) Net modification. The owner or operator of a fishing vessel subject to the minimum mesh
requirements in § 648.124 and paragraph (a)(1) of this section shall not use any device, gear, or
material, including, but not limited to, nets, net strengtheners, ropes, lines, or chafing gear, on the top
of the regulated portion of a trawl net. However, one splitting strap and one bull rope (if present),
consisting of line or rope no more than 3 inches (7.2 cm) in diameter, may be used if such splitting
strap and/or bull rope does not constrict in any manner the top of the regulated portion of the net,
and one rope no greater that 0.75 inches (1.9 cm) in diameter extending the length of the net from
the belly to the terminus of the codend along the top, bottom, and each side of the net. “Top of the
regulated portion of the net” means the 50 percent of the entire regulated portion of the net that (in a
hypothetical situation) will not be in contact with the ocean bottom during a tow if the regulated
portion of the net were laid flat on the ocean floor. For the purpose of this paragraph (a)(3), head
ropes are not considered part of the top of the regulated portion of a trawl net.
(4) Mesh obstruction or constriction.
(i)

The owner or operator of a fishing vessel subject to the minimum mesh restrictions in §
648.124 and in paragraph (a)(1) of this section shall not use any mesh construction, mesh
configuration, or other means on, in, or attached to the top of the regulated portion of the net,
as defined in paragraph (a)(3) of this section, if it obstructs or constricts the meshes of the net
in any manner.

50 CFR 648.125(a)(4)(i) (enhanced display)

page 514 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.125(a)(4)(ii)

(ii) The owner or operator of a fishing vessel subject to the minimum mesh requirements in §
648.124 and in paragraph (a)(1) of this section may not use a net capable of catching scup if
the bars entering or exiting the knots twist around each other.
(5) Stowage of nets. The owner or operator of an otter trawl vessel retaining 1,000 lb (454 kg) or more of
scup from October 1 through April 14, 2,000 lb (907 kg) or more of scup from April 15 through June
15, or 200 lb (90.7 kg) or more of scup from June 16 through September 30, and subject to the
minimum mesh requirements in paragraph (a)(1) of this section, and the owner or operator of a
midwater trawl or other trawl vessel subject to the minimum size requirement in § 648.126, may not
have available for immediate use any net, or any piece of net, not meeting the minimum mesh size
requirement, or mesh that is rigged in a manner that is inconsistent with the minimum mesh size. A
net that is stowed and not available for immediate use as defined in § 648.2, and that can be shown
not to have been in recent use, is considered to be not available for immediate use.
(6) Roller gear. The owner or operator of an otter trawl vessel issued a moratorium permit pursuant to §
648.4(a)(6) shall not use roller rig trawl gear equipped with rollers greater than 18 inches (45.7 cm)
in diameter.
(7) Procedures for changes. The minimum net mesh and the threshold catch level at which it is required
set forth in paragraph (a)(1) of this section, and the maximum roller diameter set forth in paragraph
(a)(6) of this section, may be changed following the procedures in § 648.122.
(b) Pot and trap gear restrictions. Owners or operators of vessels subject to this part must fish with scup pots
or traps that comply with the following:
(1) Degradable hinges. A scup pot or trap must have degradable hinges and fasteners made of one of
the following degradable materials:
(i)

Untreated hemp, jute, or cotton string of 3⁄16 inches (4.8 mm) diameter or smaller;

(ii) Magnesium alloy, timed float releases (pop-up devices) or similar magnesium alloy fasteners;
or
(iii) Ungalvanized or uncoated iron wire of 0.094 inches (2.4 mm) diameter or smaller.
(iv) The use of a single non-degradable retention device designed to prevent loss of the ghost panel
after the degradable materials have failed is permitted provided the device does not impair the
egress design function of the ghost panel by obstructing the opening or by preventing the panel
from opening at such time that the degradable fasteners have completely deteriorated.
(2) Escape vents.
(i)

All scup pots or traps that have a circular escape vent with a minimum of 3.1 inches (7.9 cm) in
diameter, or a square escape vent with a minimum of 2.25 inches (5.7 cm) for each side, or an
equivalent rectangular escape vent.

(ii) The minimum escape vent size set forth in paragraph (b)(2)(i) of this section may be revised
following the procedures in § 648.122.
(3) Pot and trap identification. Pots or traps used in fishing for scup must be marked with a code of
identification that may be the number assigned by the Regional Administrator and/or the
identification marking as required by the vessel's home port state.

50 CFR 648.125(b)(3) (enhanced display)

page 515 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.126

[76 FR 60634, Sept. 29, 2011, as amended at 79 FR 52580, Sept. 4, 2014; 81 FR 51378, Aug. 4, 2016; 83 FR 17315, Apr. 19, 2018;
83 FR 64487, Dec. 17, 2018; 88 FR 7628, Feb. 6, 2023]

§ 648.126 Scup minimum fish sizes.
(a) Moratorium (commercially) permitted vessels. The minimum size for scup is 9 inches (22.9 cm) TL for all
vessels issued a moratorium permit under § 648.4(a)(6). If such a vessel is also issued a charter and
party boat permit and is carrying passengers for hire, or carrying more than three crew members if a
charter boat, or more than five crew members if a party boat, then the minimum size specified in
paragraph (b) of this section applies.
(b) Party/Charter permitted vessels and recreational fishery participants. The minimum size for scup is 10
inches (25.4 cm) total length for all vessels that do not have a scup moratorium permit, or for party and
charter vessels that are issued a scup moratorium permit but are fishing with passengers for hire, or
carrying more than three crew members if a charter boat, or more than five crew members if a party boat.
However, possession of smaller scup harvested from state waters is allowed for state-only permitted
vessels when transiting Federal waters within the Block Island Sound Transit Area provided they follow
the provisions at § 648.131 and abide by state regulations.
(c) The minimum size applies to whole fish or any part of a fish found in possession, e.g., fillets. These
minimum sizes may be adjusted pursuant to the procedures in § 648.122.
[76 FR 60635, Sept. 29, 2011, as amended at 78 FR 37480, June 21, 2013; 79 FR 38264, July 7, 2014; 84 FR 65703, Nov. 29, 2019;
87 FR 35116, June 9, 2022]

§ 648.127 Scup recreational fishing season.
Fishermen and vessels that are not eligible for a scup moratorium permit under § 648.4(a)(6), may possess scup
from January 1 through December 31, subject to the possession limit specified in § 648.128(a). The recreational
fishing season may be adjusted pursuant to the procedures in § 648.122. Should the recreational fishing season be
modified, non-federally permitted scup vessels abiding by state regulations may transit with scup harvested from
state waters on board through the Block Island Sound Transit Area following the provisions outlined in § 648.131.
[88 FR 88269, Dec. 21, 2023]

§ 648.128 Scup possession restrictions.
(a) No person shall possess more than 40 scup in, or harvested from, the EEZ per trip unless that person is
the owner or operator of a fishing vessel issued a scup moratorium permit, or is issued a scup dealer
permit. Persons aboard a commercial vessel that is not eligible for a scup moratorium permit are subject
to this possession limit. The owner, operator, and crew of a charter or party boat issued a scup
moratorium permit are subject to the possession limit when carrying passengers for hire or when carrying
more than five crew members for a party boat, or more than three crew members for a charter boat. This
possession limit may be adjusted pursuant to the procedures in § 648.122. However, possession of scup
harvested from state waters above this possession limit is allowed for state-only permitted vessels when
transiting Federal waters within the Block Island Sound Transit Area provided they follow the provisions at
§ 648.131 and abide by state regulations.

50 CFR 648.128(a) (enhanced display)

page 516 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.128(b)

(b) If whole scup are processed into fillets, an authorized officer will convert the number of fillets to whole
scup at the place of landing by dividing fillet number by 2. If scup are filleted into a single (butterfly) fillet,
such fillet shall be deemed to be from one whole scup.
(c) Scup harvested by vessels subject to the possession limit with more than one person aboard may be
pooled in one or more containers. Compliance with the possession limit will be determined by dividing the
number of scup on board by the number of persons aboard other than the captain and crew. If there is a
violation of the possession limit on board a vessel carrying more than one person, the violation shall be
deemed to have been committed by the owner and operator.
(d) Scup and scup parts harvested by a vessel with a moratorium or charter or party boat scup permit, or in or
from the EEZ north of 35°15.3′ N. lat., may not be landed with the skin removed.
[76 FR 60635, Sept. 29, 2011, as amended at 77 FR 30431, May 23, 2012; 78 FR 37480, June 21, 2013; 80 FR 35258, June 19, 2015;
84 FR 65703, Nov. 29, 2019; 88 FR 55419, Aug. 15, 2023]

§ 648.129 Protection of threatened and endangered sea turtles.
This section supplements existing regulations issued to regulate incidental take of sea turtles under authority of the
Endangered Species Act under 50 CFR parts 222 and 223. In addition to the measures required under those parts,
NMFS will investigate the extent of sea turtle takes in flynet gear and, if deemed appropriate, may develop and
certify a Turtle Excluder Device for that gear.
[76 FR 60635, Sept. 29, 2011]

§ 648.130 Scup framework adjustments to management measures.
(a) Within season management action. See § 648.110(a).
(1) Adjustment process. The MAFMC shall develop and analyze appropriate management actions over
the span of at least two MAFMC meetings. The MAFMC must provide the public with advance notice
of the availability of the recommendation(s), appropriate justification(s) and economic and
biological analyses, and the opportunity to comment on the proposed adjustment(s) at the first
meeting and prior to and at the second MAFMC meeting. The MAFMC's recommendations on
adjustments or additions to management measures must come from one or more of the following
categories: Adjustments within existing ABC control rules; adjustments to the existing MAFMC risk
policy; introduction of new AMs, including sub-ACTs; minimum fish size; maximum fish size; gear
restrictions; gear restricted areas; gear requirements or prohibitions; permitting restrictions;
recreational possession limits; recreational seasons; closed areas; commercial seasons;
commercial trip limits; commercial quota system including commercial quota allocation procedure
and possible quota set asides to mitigate bycatch; recreational harvest limits; annual specification
quota setting process; commercial/recreational allocations; transfer provisions between the
commercial and recreational sectors; FMP Monitoring Committee composition and process;
description and identification of EFH (and fishing gear management measures that impact EFH);
description and identification of habitat areas of particular concern; regional gear restrictions;
regional season restrictions (including option to split seasons); restrictions on vessel size (LOA and
GRT) or shaft horsepower; operator permits; 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 industry50 CFR 648.130(a)(1) (enhanced display)

page 517 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.130(a)(2)

funded observers or observer set aside programs; any other commercial or recreational
management measures; any other management measures currently included in the FMP; and set
aside quota for scientific research.
(2) MAFMC recommendation. See § 648.110(a)(2)(i) through (iv).
(3) NMFS action. See § 648.110(a)(3)(i) through (iii).
(4) Emergency actions. See § 648.110(a)(4).
(b) [Reserved]
[76 FR 60635, Sept. 29, 2011, as amended at 80 FR 37196, June 30, 2015; 87 FR 68930, Nov. 17, 2022]

§ 648.131 Block Island Sound Transit Area.
Vessels not issued a scup Federal moratorium or party/charter permit, and recreational fishing participants fishing
exclusively in state waters may transit with scup harvested from state waters on board through Federal waters of
the EEZ within Block Island Sound, north of a line connecting Montauk Light, Montauk Point, NY, and Block Island
Southeast Light, Block Island, RI; and west of a line connecting Point Judith Light, Point Judith, RI, and Block Island
Southeast Light, Block Island, RI. Within this area, possession of scup is permitted regardless of the minimum size,
possession limit, and seasons outlined in §§ 648.126, 648.127, and 648.128, provided no fishing takes place from
the vessel while in Federal waters of the EEZ, the vessel complies with state regulations, and is in continuous
transit. During such transit through this area, commercial gear must be stowed in accordance with the definition of
“not available for immediate use” found at § 648.2, and party/charter vessels and recreational participants must
have all bait and hooks removed from fishing rods, and any scup on board must be stored in a cooler or container.
[84 FR 65703, Nov. 29, 2019]

Subpart I—Management Measures for the Black Sea Bass Fishery
Source: 61 FR 58467, Nov. 15, 1996, unless otherwise noted.

§ 648.140 Black sea bass Annual Catch Limit (ACL).
(a) Annual Catch Limits. The Monitoring Committee shall recommend to the MAFMC separate ACLs for the
commercial and recreational scup fisheries, the sum total of which shall be equal to the ABC
recommended by the SSC.
(1) Sector allocations. The commercial and recreational fishing sector ACLs will be based on the
allocations defined in the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan.
(2) Periodicity. The black sea bass commercial and recreational sector ACLs may be established on an
annual basis for up to 3 years at a time, dependent on whether the SSC provides single or multiple
year ABC recommendations.
(b) Performance review. The Monitoring Committee shall conduct a detailed review of fishery performance
relative to the sector ACLs at least every 5 years.

50 CFR 648.140(b) (enhanced display)

page 518 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.140(b)(1)

(1) If one or both of the sector-specific ACLs is exceeded with a frequency greater than 25 percent (i.e.,
more than once in 4 years or any 2 consecutive years), the Monitoring Committee will review fishery
performance information and consider whether changes to measures are needed.
(2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of
a stock rebuilding plan following a determination that the black sea bass stock has become
overfished.
(3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs
have been exceeded but may be conducted in conjunction with such reviews.
[76 FR 60636, Sept. 29, 2011, as amended at 87 FR 68930, Nov. 17, 2022; 88 FR 14509, Mar. 9, 2023]

§ 648.141 Black sea bass Annual Catch Target (ACT).
(a) Annual Catch Targets. The Monitoring Committee shall identify and review the relevant sources of
management uncertainty to recommend ACTs for the commercial and recreational fishing sectors as part
of the black sea bass specification process. The Monitoring Committee recommendations shall identify
the specific sources of management uncertainty that were considered, technical approaches to mitigating
these sources of uncertainty, and any additional relevant information considered in the ACT
recommendation process.
(1) Sectors. Commercial and recreational specific ACTs shall be less than or equal to the sector-specific
ACLs. The Monitoring Committee shall recommend any reduction in catch necessary to address
sector-specific management uncertainty, consistent with this paragraph (a).
(2) Periodicity. ACTs may be established on an annual basis for up to 3 years at a time, dependent on
whether the SSC provides single or multiple-year ABC recommendations.
(b) Performance review. The Monitoring Committee shall conduct a detailed review of fishery performance
relative to ACTs in conjunction with any ACL performance review, as outlined in § 648.140(b)(1) through
(3).
[76 FR 60636, Sept. 29, 2011, as amended at 88 FR 14510, Mar. 9, 2023]

§ 648.142 Black sea bass specifications.
(a) Specifications. Commercial quota, recreational landing limit, research set-aside, and other specification
measures. The Monitoring Committee will recommend to the MAFMC and the ASMFC, through the
specification process, for use in conjunction with the ACL and ACT, sector-specific research set-asides,
estimates of the sector-related discards, a recreational harvest limit, a commercial quota, along with other
measures, as needed, that are projected to prevent overages of the applicable specified limits or targets
for each sector as prescribed in the FMP. The following measures are to be considered by the Monitoring
Committee:
(1) Research quota set from a range of 0 to 3 percent of the maximum allowed.
(2) A commercial quota, allocated annually.
(3) A commercial possession limit for all moratorium vessels, with the provision that these quantities be
the maximum allowed to be landed within a 24-hour period (calendar day).
(4) Commercial minimum fish size.
50 CFR 648.142(a)(4) (enhanced display)

page 519 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.142(a)(5)

(5) Minimum mesh size in the codend or throughout the net and the catch threshold that will require
compliance with the minimum mesh requirement.
(6) Escape vent size.
(7) A recreational possession limit.
(8) Recreational minimum and/or maximum fish size.
(9) Recreational season.
(10) Recreational State conservation equivalent and precautionary default measures utilizing possession
limits, minimum fish sizes, and/or seasons.
(11) Restrictions on gear other than otter trawls and pots or traps.
(12) Total allowable landings on an annual basis for a period not to exceed 3 years.
(13) Changes, as appropriate, 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.
(14) Modification of the existing AM measures and ACT control rules utilized by the Black Sea Bass
Monitoring Committee.
(15) A commercial quota overage buffer, of up to 5 percent, that would be used to determine when a
Federal in-season closure would be triggered.
(b) Specification fishing measures. The MAFMC shall review the Monitoring Committee recommendations
and, based on the recommendations and public comment, make recommendations to the Regional
Administrator on measures projected to constrain the sectors to the applicable limit or target as
prescribed in the FMP. Included in the recommendation will be supporting documents, as appropriate,
concerning the environmental and economic impacts of the final rule. The Regional Administrator will
review these recommendations and any recommendations of the ASMFC. After such review, the Regional
Administrator will publish a proposed rule in the FEDERAL REGISTER to implement a commercial quota, a
recreational harvest limit, and additional management measures for the commercial fishery.
(c) Distribution of annual commercial quota. The black sea bass commercial quota will be allocated on a
coastwide basis.
(d) Recreational specification measures. The Monitoring Committee shall recommend to the MAFMC and
ASMFC measures that are projected to prevent overages of the applicable recreational target as
prescribed in the FMP. The MAFMC shall review these recommendations and, based on the
recommendations and any public comment, recommend recreational management measures to the
Regional Administrator. The MAFMC's recommendations must include supporting documentation, as
appropriate, concerning the environmental and economic impacts of the recommendations. The MAFMC
and the ASMFC will recommend that the Regional Administrator implement either:
(1) Coastwide measures. Annual coastwide management measures that constrain the recreational black
sea bass fishery to the recreational target as specified in the fishery management plan, or
(2) Conservation equivalent measures. Individual states, or regions formed voluntarily by adjacent states
(i.e., multi-state conservation equivalency regions), may implement different combinations of
minimum and/or maximum fish sizes, possession limits, and closed seasons that achieve equivalent
50 CFR 648.142(d)(2) (enhanced display)

page 520 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.142(d)(2)(i)

conservation as the coastwide measures. Each state or multi-state conservation equivalency region
may implement measures by mode or area only if the proportional standard error of recreational
landing estimates by mode or area for that state is less than 30 percent.
(i)

After review of the recommendations, the Regional Administrator will publish a proposed rule in
the FEDERAL REGISTER as soon as possible to implement the overall recreational target required
for the fishing year(s), and the ASMFC's recommendation concerning conservation equivalency,
the precautionary default measures, and coastwide measures.

(ii) The ASMFC will review conservation equivalency proposals and determine whether or not they
achieve the necessary recreational target. The ASMFC will provide the Regional Administrator
with the individual State and/or multi-State region conservation measures for the approved
State and/or multi-State region proposals and, in the case of disapproved State and/or multiState region proposals, the precautionary default measures that should be applied to a State or
region. At the request of the ASMFC, precautionary default measures would apply to federally
permitted party/charter vessels and other recreational fishing vessels harvesting black sea
bass in or from the EEZ when landing in a State that implements measures not approved by the
ASMFC.
(iii) After considering public comment, the Regional Administrator will publish a final rule in the
FEDERAL REGISTER to implement either the State or regional conservation equivalency measures
or coastwide measures to ensure that the applicable specified target is not exceeded.
(iv) The ASMFC may allow states or regions assigned the precautionary default measures to
resubmit revised management measures. The ASMFC will detail the procedures by which the
State or region can develop alternate measures. The ASMFC will notify the Regional
Administrator of any resubmitted State or regional proposals approved subsequent to
publication of the final rule and the Regional Administrator will publish a document in the
FEDERAL REGISTER to notify the public.
(e) Research quota. See § 648.22(g).
[84 FR 65704, Nov. 29, 2019; 88 FR 14510, Mar. 9, 2023; 89 FR 79783, Oct. 1, 2024]

§ 648.143 Black sea bass accountability measures.
(a) Commercial sector fishery closure. The Regional Administrator will monitor the harvest of commercial
quota based on dealer reports, state data, and other available information. All black sea bass landed for
sale in the states from North Carolina through Maine by a vessel with a moratorium permit issued under §
648.4(a)(7) shall be applied against the commercial annual coastwide quota, regardless of where the
black sea bass were harvested. All black sea bass harvested north of 35°15.3′ N. lat., and landed for sale
in the states from North Carolina through Maine by any vessel without a moratorium permit and fishing
exclusively in state waters, will be counted against the quota by the state in which it is landed, pursuant to
the FMP for the black sea bass fishery adopted by the ASMFC. The Regional Administrator will determine
the date on which the annual coastwide quota, plus a buffer up to 5 percent as specified in the annual
specifications, is projected to be harvested; and beginning on that date and through the end of the
calendar year, the EEZ north of 35°15.3′ N lat. will be closed to the possession of black sea bass. The
Regional Administrator will publish a notification in the FEDERAL REGISTER advising that, upon and after that
date, no vessel may possess black sea bass in the EEZ north of 35°15.3′ N lat. during a closure, nor may

50 CFR 648.143(a) (enhanced display)

page 521 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.143(a)(1)

vessels issued a moratorium permit land black sea bass during the closure. Individual states will have the
responsibility to close their ports to commercial landings of black sea bass during a closure, pursuant to
the FMP for the black sea bass fishery adopted by the ASMFC.
(1) Commercial ACL overage evaluation. The commercial sector ACL will be evaluated based on a singleyear examination of total catch (landings and dead discards). Both landings and dead discards will
be evaluated in determining if the commercial sector ACL has been exceeded.
(2) Commercial landings overage repayment. Landings in excess of the annual coastwide quota will be
deducted from the quota allocation for the following year in the final rule that establishes the annual
quota. The overage deduction will be based on landings for the current year through September 30,
and landings for the previous calendar year were not included when the overage deduction was
made in the final rule that established the annual coastwide quota for the current year. If the
Regional Administrator determines during the fishing year that any part of an overage deduction was
based on erroneous landings data that were in excess of actual landings for the period concerned,
he/she will restore the overage that was deducted in error to the appropriate quota allocation. The
Regional Administrator will publish notification in the FEDERAL REGISTER announcing the restoration.
(b) Non-landing accountability measure. In the event that the commercial ACL has been exceeded and the
overage has not been accommodated through the landings-based AM, then the following procedure will
be followed:
(1) Overfishing, rebuilding, or unknown stock status. If the most recent estimate of biomass is below the
BMSY threshold (i.e., B/BMSY is less than 0.5), the stock is under a rebuilding plan, or the biological
reference points (B or BMSY) are unknown, and the commercial ACL has been exceeded, then the
exact amount, in pounds, by which the most recent year's commercial catch estimate exceeded the
most recent year's commercial ACL will be deducted, in the following fishing year from the
commercial ACT, as a single-year adjustment.
(2) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. If the
most recent estimate of biomass is above the biomass threshold (B/BMSY is greater than 0.5), but
below the biomass target (B/BMSY is less than 1.0), and the stock is not under a rebuilding plan, then
the following AMs will apply:
(i)

If the Commercial ACL has been exceeded, but not the overall ABC, then no single-year AM
payback is required.

(ii) If the Commercial ACL and ABC have been exceeded, then a scaled single-year adjustment to
the commercial ACT will be made, in the following fishing year. The ACT will be reduced by the
exact amount, in pounds, of the product of the overage, defined as the difference between the
commercial catch and the commercial ACT, and the payback coefficient. The payback
coefficient is the difference between the most recent estimate of biomass and BMSY (i.e.,
BMSY−B) divided by one-half of BMSY.
(3) If biomass is above BMSY. If the most recent estimate of biomass is above BMSY (i.e., B/BMSY is
greater than 1.0), then no single-year AM payback is required.
(c) Recreational ACL Evaluation. The recreational sector ACL will be evaluated based on a 3-year moving
average comparison of total catch (landings and dead discards). Both landings and dead discards will be
evaluated in determining if the 3-year average recreational sector ACL has been exceeded.
(d) Recreational AMs. If the recreational ACL is exceeded, then the following procedure will be followed:
50 CFR 648.143(d) (enhanced display)

page 522 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.143(d)(1)

(1) If biomass is below the threshold, the stock is under rebuilding, or biological reference points are
unknown. If the most recent estimate of biomass is below the BMSY threshold (i.e., B/BMSY is less
than 0.5), the stock is under a rebuilding plan, or the biological reference points (B or BMSY) are
unknown, and the recreational ACL has been exceeded, then the exact amount, in pounds, by which
the most recent 3-year average recreational catch estimate exceeded the most recent 3-year average
recreational ACL will be deducted in the following fishing year, or as soon as possible thereafter,
once catch data are available, from the recreational ACT. This payback may be evenly spread over 2
years if doing so allows for use of identical recreational management measures across the
upcoming 2 years.
(2) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. If the
most recent estimate of biomass is above the biomass threshold (B/BMSY is greater than 0.5), but
below the biomass target (B/BMSY is less than 1.0), and the stock is not under a rebuilding plan, then
the following AMs will apply:
(i)

If the Recreational ACL has been exceeded. If the Recreational ACL has been exceeded, then
adjustments to the recreational management measures, taking into account the performance
of the measures and conditions that precipitated the overage, will be made in the following
fishing year, or as soon as possible thereafter, once catch data are available, as a single-year
adjustment.

(ii) If the fishing mortality (F) has exceeded FMSY (or the proxy). If the most recent estimate of total
fishing mortality exceeds FMSY (or the proxy) then an adjustment to the recreational ACT will
be made as soon as possible once catch data are available, as described in paragraph
(d)(2)(ii)(A) of this section. If an estimate of total fishing mortality for the most recent complete
year of catch data is not available, then a comparison of total catch relative to the ABC will be
used.
(A) Adjustment to Recreational ACT. If an adjustment to the following year's Recreational ACT
is required, then the ACT will be reduced by the exact amount, in pounds, of the product of
the overage, defined as the difference between the most recent 3-year average
recreational catch and the most recent 3-year average recreational ACL, and the payback
coefficient, as specified in paragraph (d)(2)(ii)(B) of this section. This payback may be
evenly spread over 2 years if doing so allows for use of identical recreational management
measures across the upcoming 2 years.
(B) Payback coefficient. The payback coefficient is the difference between the most recent
estimate of biomass and BMSY (i.e., BMSY−B) divided by one-half of BMSY.
(3) If biomass is above BMSY. If the most recent estimate of biomass is above BMSY (i.e., B/BMSY is
greater than 1.0), then adjustments to the recreational management measures, taking into account
the performance of the measures and conditions that precipitated the overage, will be made in the
following fishing year, or as soon as possible thereafter, once catch data are available, as a singleyear adjustment.
(e) State/Federal disconnect AM. If the total catch, allowable landings, commercial quotas, and/or RHL
measures adopted by the ASMFC Summer Flounder, Scup and Black Sea Bass Management Board and
the MAFMC differ for a given fishing year, administrative action will be taken as soon as possible to revisit
the respective recommendations of the two groups. The intent of this action shall be to achieve alignment
through consistent state and Federal measures such that no differential effects occur to Federal permit
holders.
50 CFR 648.143(e) (enhanced display)

page 523 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.144

[76 FR 60636, Sept. 29, 2011, as amended at 78 FR 76764, Dec. 19, 2013; 83 FR 53827, Oct. 25, 2018; 88 FR 14510, Mar. 9, 2023;
89 FR 79783, Oct. 1, 2024]

§ 648.144 Black sea bass gear restrictions.
(a) Trawl gear restrictions —
(1) General.
(i)

Otter trawlers whose owners are issued a black sea bass moratorium permit and that land or
possess 500 lb (226.8 kg) or more of black sea bass from January 1 through March 31, or 100
lb (45.4 kg) or more of black sea bass from April 1 through December 31, must fish with nets
that have a minimum mesh size of 4.5-inch (11.43-cm) diamond mesh applied throughout the
codend for at least 75 continuous meshes forward of the terminus of the net, or for codends
with less than 75 meshes, the entire net must have a minimum mesh size of 4.5-inch
(11.43-cm) diamond mesh throughout.

(ii) Mesh sizes shall be measured pursuant to the procedure specified in § 648.108(a)(2).
(2) Net modifications. No vessel subject to this part shall use any device, gear, or material, including, but
not limited to, nets, net strengtheners, ropes, lines, or chafing gear, on the top of the regulated
portion of a trawl net except that one splitting strap and one bull rope (if present) consisting of line
or rope no more than 3 inches (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 regulated portion of the net, and one rope no
greater than 0.75 inches (1.9 cm) in diameter extending the length of the net from the belly to the
terminus of the codend along the top, bottom, and each side of the net. “Top of the regulated portion
of the net” means the 50 percent of the entire regulated portion of the net that (in a hypothetical
situation) will not be in contact with the ocean bottom during a tow if the regulated portion of the net
were laid flat on the ocean floor. For the purpose of this paragraph, head ropes shall not be
considered part of the top of the regulated portion of a trawl net.
(3) Mesh obstruction or constriction.
(i)

A fishing vessel may not use any mesh configuration, mesh construction, or other means on or
in the top of the net, as defined in paragraph (a)(2) of this section, that obstructs the meshes of
the net in any manner, or otherwise causes the size of the meshes of the net while in use to
diminish to a size smaller than the minimum established pursuant to paragraph (a)(1)(i) of this
section.

(ii) No person on any vessel may possess or fish with a net capable of catching black sea bass in
which the bars entering or exiting the knots twist around each other.
(4) Stowage of nets. Otter trawl vessels subject to the minimum mesh-size requirement of paragraph
(a)(1)(i) of this section may not have “available for immediate use” any net or any piece of net that
does not meet the minimum mesh size requirement, or any net, or any piece of net, with mesh that is
rigged in a manner that is inconsistent with the minimum mesh size requirement. Nets must be
stowed and not available for immediate use as defined in § 648.2.
(5) Roller gear. Rollers used in roller rig or rock hopper trawl gear shall be no larger than 18 inches (45.7
cm) in diameter.
(b) Pot and trap gear restrictions —

50 CFR 648.144(b) (enhanced display)

page 524 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.144(b)(1)

(1) Gear marking. The owner of a vessel issued a black sea bass moratorium permit must mark all black
sea bass pots or traps with the vessel's USCG documentation number or state registration number.
(2) All black sea bass traps or pots must have two escape vents placed in lower corners of the parlor
portion of the pot or trap that each comply with one of the following minimum size requirements:
1.375 inches by 5.75 inches (3.49 cm by 14.61 cm); a circular vent of 2.5 inches (6.4 cm) in
diameter; or a square vent with sides of 2 inches (5.1 cm), inside measure; however, black sea bass
traps constructed of wooden laths instead may have escape vents constructed by leaving spaces of
at least 1.375 inches (3.49 cm) between two sets of laths in the parlor portion of the trap. These
dimensions for escape vents and lath spacing may be adjusted pursuant to the procedures in §
648.140.
(3) Ghost panel.
(i)

Black sea bass traps or pots must contain a ghost panel affixed to the trap or pot with
degradable fasteners and hinges. The opening to be covered by the ghost panel must measure
at least 3.0 inches (7.62 cm) by 6.0 inches (15.24 cm). The ghost panel must be affixed to the
pot or trap with hinges and fasteners made of one of the following degradable materials:
(A) Untreated hemp, jute, or cotton string of 3⁄16 inches (4.8 mm) diameter or smaller; or
(B) Magnesium alloy, timed float releases (pop-up devices) or similar magnesium alloy
fasteners; or
(C) Ungalvanized or uncoated iron wire of 0.094 inches (2.4 mm) diameter or smaller.

(ii) The use of a single non-degradable retention device designed to prevent loss of the ghost panel
after the degradable materials have failed is permitted, provided the device does not impair the
egress design function of the ghost panel by obstructing the opening or by preventing the panel
from opening at such time that the degradable fasteners have completely deteriorated.
[76 FR 60637, Sept. 29, 2011, as amended at 79 FR 52583, Sept. 4, 2014; 84 FR 65705, Nov. 29, 2019]

§ 648.145 Black sea bass possession limit.
(a) During the recreational fishing season specified at § 648.146, no person shall possess more than 5 black
sea bass in, or harvested from, the EEZ per trip unless that person is the owner or operator of a fishing
vessel issued a black sea bass moratorium permit, or is issued a black sea bass dealer permit, unless
otherwise specified in the conservation equivalent measures described in § 648.151. Vessels landing
black sea bass in a state with an approved Wave 1 recreational fishery are subject to the state regulations
regarding possession limit during that Wave 1 fishery. Persons aboard a commercial vessel that is not
eligible for a black sea bass moratorium permit may not retain more than 5 black sea bass during the
recreational fishing season specified at § 648.146. The owner, operator, and crew of a charter or party
boat issued a black sea bass moratorium permit are subject to the possession limit when carrying
passengers for hire or when carrying more than five crew members for a party boat, or more than three
crew members for a charter boat. This possession limit may be adjusted pursuant to the procedures in §
648.142. However, possession of black sea bass harvested from state waters above this possession limit
is allowed for state-only permitted vessels when transiting Federal waters within the Block Island Sound
Transit Area provided they follow the provisions at § 648.150 and abide by state regulations.

50 CFR 648.145(a) (enhanced display)

page 525 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.145(b)

(b) If whole black sea bass are processed into fillets, an authorized officer will convert the number of fillets to
whole black sea bass at the place of landing by dividing fillet number by two. If black sea bass are filleted
into a single (butterfly) fillet, such fillet shall be deemed to be from one whole black sea bass.
(c) Black sea bass harvested by vessels subject to the possession limit with more than one person aboard
may be pooled in one or more containers. Compliance with the possession limit will be determined by
dividing the number of black sea bass on board by the number of persons aboard, other than the captain
and the crew. If there is a violation of the possession limit on board a vessel carrying more than one
person, the violation shall be deemed to have been committed by the owner and operator of the vessel.
(d) Owners or operators of otter trawl vessels issued a moratorium permit under § 648.4(a)(7) and fishing
with, or possessing on board, nets or pieces of net that do not meet the minimum mesh requirements
specified in § 648.144(a) and that are not stowed in accordance with § 648.144(a)(4) may not retain more
than 500 lb (226.8 kg) of black sea bass from January 1 through March 31, or more than 100 lb (45.4 kg)
of black sea bass from April 1 through December 31. Black sea bass on board these vessels shall be
stored so as to be readily available for inspection in a standard 100-lb (45.4-kg) tote.
[76 FR 60638, Sept. 29, 2011, as amended at 77 FR 30431, May 23, 2012; 78 FR 37480, June 21, 2013; 79 FR 38265, July 7, 2014;
80 FR 35259, June 19, 2015; 84 FR 65705, Nov. 29, 2019; 87 FR 35116, June 9, 2022; 88 FR 15, Jan. 3, 2023]

§ 648.146 Black sea bass recreational fishing season.
Vessels that are not eligible for a black sea bass moratorium permit under § 648.4(a)(7), and fishermen subject to
the possession limit specified in § 648.145(a), may only possess black sea bass from May 15 through September 8,
unless otherwise specified in the conservation equivalent measures described in § 648.151 or unless this time
period is adjusted pursuant to the procedures in § 648.142. However, possession of black sea bass harvested from
state waters outside of this season is allowed for state-only permitted vessels when transiting Federal waters within
the Block Island Sound Transit Area provided they follow the provisions at § 648.151 and abide by state regulations.
[88 FR 55419, Aug. 15, 2023]

§ 648.147 Black sea bass size requirements.
(a) Moratorium (commercially) permitted vessels. The minimum size for black sea bass is 11 inches (27.94
cm) total length for all vessels issued a moratorium permit under § 648.4(a)(7) that fish for, possess, land
or retain black sea bass in or from U.S. waters of the western Atlantic Ocean from 35°15.3′ N. Lat., the
latitude of Cape Hatteras Light, North Carolina, northward to the U.S.-Canadian border. The minimum size
may be adjusted for commercial vessels pursuant to the procedures in § 648.142.
(b) Party/charter permitted vessels and recreational fishery participants. The minimum fish size for black sea
bass is 15 inches (38.1 cm) total length for all vessels that do not qualify for a black sea bass moratorium
permit, and for party boats holding a black sea bass moratorium permit, if fishing with passengers for hire
or carrying more than five crew members, and for charter boats holding a black sea bass moratorium
permit, if fishing with more than three crew members, unless otherwise specified in the conservation
equivalent measures as described in § 648.151. However, possession of smaller black sea bass
harvested from state waters is allowed for state-only permitted vessels when transiting Federal waters
within the Block Island Sound Transit Area provided they follow the provisions at § 648.151 and abide by
state regulations.

50 CFR 648.147(b) (enhanced display)

page 526 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.148

[76 FR 60638, Sept. 29, 2011, as amended at ; 84 FR 65705, Nov. 29, 2019; 87 FR 35116, June 9, 2022; 88 FR 15, Jan. 3, 2023; 88
FR 55419, Aug. 15, 2023]

§ 648.148 Special management zones.
(a) General. The recipient of a U.S. Army Corps of Engineers permit for an artificial reef, fish attraction device,
or other modification of habitat for purposes of fishing may request that an area surrounding and
including the site be designated by the MAFMC as a special management zone (SMZ). The MAFMC may
prohibit or restrain the use of specific types of fishing gear that are not compatible with the purpose of the
artificial reef or fish attraction device or other habitat modification within the SMZ. The establishment of
an SMZ will be effected by a regulatory amendment, pursuant to the following procedure: An SMZ
monitoring team comprised of members of staff from the MAFMC, NMFS Greater Atlantic Regional
Fisheries Office, and NMFS Northeast Fisheries Science Center will evaluate the request in the form of a
written report.
(1) Evaluation criteria. In establishing an SMZ, the SMZ monitoring team will consider the following
criteria:
(i)

Fairness and equity;

(ii) Promotion of conservation;
(iii) Avoidance of excessive shares;
(iv) Consistency with the objectives of Amendment 9 to the Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan, the Magnuson-Stevens Act, and other applicable law;
(v) The natural bottom in and surrounding potential SMZs; and
(vi) Impacts on historical uses.
(2) The MAFMC Chairman may schedule meetings of MAFMC's industry advisors and/or the SSC to
review the report and associated documents and to advise the MAFMC. The MAFMC Chairman may
also schedule public hearings.
(3) The MAFMC, following review of the SMZ monitoring team's report, supporting data, public
comments, and other relevant information, may recommend to the Regional Administrator that an
SMZ be approved. Such a recommendation will be accompanied by all relevant background
information.
(4) The Regional Administrator will review the MAFMC's recommendation. If the Regional Administrator
concurs in the recommendation, he or she will publish a proposed rule in the FEDERAL REGISTER in
accordance with the recommendations. If the Regional Administrator rejects the MAFMC's
recommendation, he or she shall advise the MAFMC in writing of the basis for the rejection.
(5) The proposed rule to establish an SMZ shall afford a reasonable period for public comment.
Following a review of public comments and any information or data not previously available, the
Regional Administrator will publish a final rule if he or she determines that the establishment of the
SMZ is supported by the substantial weight of evidence in the record and consistent with the
Magnuson-Stevens Act and other applicable law.
(b) Approved/Established SMZs —

50 CFR 648.148(b) (enhanced display)

page 527 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.148(b)(1)

(1) Delaware Special Management Zone Areas. Special management zones are established for Delaware
artificial reef permit areas #9, 10, 11, and 13, in the area of the U.S. Exclusive Economic Zone. From
January 1 through December 31 of each year, no person may fish in the Delaware Special
Management Zones except by handline, rod and reel, or spear fishing (including the taking of fish by
hand). The Delaware Special Management Zones are defined by rhumb lines connecting the
following coordinates in the order stated:
(i)

Delaware artificial reef #9.

Point

Corner

N Latitude

W Longitude

1

9SE

38°39.972′

74°59.298′

2

9SW

38°40.05′

75°0.702′

3

9NW

38°40.848′

75°0.402′

4

9NE

38°40.8′

74°58.902′

5

9SE

38°39.972′

74°59.298′

(ii) Delaware artificial reef #10.

Point

Corner

N Latitude

W Longitude

1

10SE

38°36.198′

74°55.674′

2

10SW

38°36.294′

74°57.15′

3

10NW

38°37.098′

74°56.802′

4

10NE

38°37.002′

74°55.374′

5

10SE

38°36.198′

74°55.674′

(iii) Delaware artificial reef #11.

Point

Corner

N Latitude

W Longitude

1

11SE

38°39.882′

74°43.05′

2

11SW

38°40.002′

74°44.802′

3

11NW

38°40.848′

74°44.502′

4

11NE

38°40.752′

74°42.75′

50 CFR 648.148(b)(1)(iii) (enhanced display)

page 528 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
5

50 CFR 648.148(b)(1)(iv)

Corner

N Latitude

11SE

38°39.882′

W Longitude
74°43.05′

(iv) Delaware artificial reef #13.

Point

Corner

N Latitude

W Longitude

1

13SE

38°30.138′

74°30.582′

2

13SW

38°30.222′

74°31.5′

3

13NW

38°31.614′

74°30.864′

4

13NE

38°31.734′

74°30.018′

5

13SE

38°30.138′

74°30.582′

(2) New Jersey Special Management Zone Areas. Special management zones are established for New
Jersey artificial reef permit areas, in the area of the U.S. Exclusive Economic Zone. From January 1
through December 31 of each year, no person may fish in the New Jersey Special Management
Zones except by handline, rod and reel, or spear fishing (including the taking of fish by hand). The
New Jersey Special Management Zones are defined by rhumb lines connecting the following
coordinates in the order stated:
(i)

Sea Girt Reef Site.

Point

N Latitude

W Longitude

NE Corner

40°08.22′

73°55.52′

ME Corner

40°07.30′

73°56.67′

SE Corner

40°06.13′

73°57.12′

SW Corner

40°06.17′

73°57.57′

MW Corner

40°07.48′

73°57.15′

NW Corner

40°08.63′

73°55.73′

50 CFR 648.148(b)(2)(i) (enhanced display)

page 529 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.148(b)(2)(ii)

Point
NE Corner

N Latitude
40°08.22′

W Longitude
73°55.52′

(ii) Garden State North Reef Site.

Point

N Latitude

W Longitude

NE Corner

39°38.05′

74°00.70

SE Corner

39°37.05′

74°01.00′

SW Corner

39°37.00′

74°02.50′

NW Corner

39°37.98′

74°02.20′

NE Corner

39°38.05′

74°00.70′

(iii) Garden State South Reef Site.

Point

N Latitude

W Longitude

NE Corner

39°33.82′

74°05.75′

SE Corner

39°33.33′

74°05.85′

SW Corner

39°33.33′

74°07.35′

NW Corner

39°33.80′

74°07.20′

NE Corner

39°33.82′

74°05.75′

(iv) Little Egg Reef Site.

Point

N Latitude

W Longitude

NE Corner

39°29.00′

74°10.00′

SE Corner

39°28.00′

74°10.00′

SW Corner

39°28.00′

74°12.00′

NW Corner

39°29.00′

74°12.00′

50 CFR 648.148(b)(2)(iv) (enhanced display)

page 530 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.148(b)(2)(v)

Point
NE Corner

N Latitude
39°29.00′

W Longitude
74°10.00′

(v) Atlantic City Reef Site.

Point

N Latitude

W Longitude

NE Corner

39°16.90′

74°15.28′

SE Corner

39°13.93′

74°11.80′

SW Corner

39°13.30′

74°12.70′

NW Corner

39°16.22′

74°16.18′

NE Corner

39°16.90′

74°15.28′

(vi) Great Egg Reef Site.

Point

N Latitude

W Longitude

NE Corner

39°15.00′

74°21.00′

SE Corner

39°14.00′

74°21.00′

SW Corner

39°14.00′

74°22.00′

NW Corner

39°15.00′

74°22.00′

NE Corner

39°15.00′

74°21.00′

(vii) Ocean City Reef Site.

Point

N Latitude

W Longitude

NE Corner

39°10.75′

74°32.45′

SE Corner

39°09.40′

74°34.62′

SW Corner

39°09.82′

74°34.97′

NW Corner

39°11.10′

74°32.85′

50 CFR 648.148(b)(2)(vii) (enhanced display)

page 531 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.148(b)(2)(viii)

Point
NE Corner

N Latitude
39°10.75′

W Longitude
74°32.45′

(viii) Shark River Reef Site.

Point

N Latitude

W Longitude

NE Corner

40°07.33′

73°41.08′

SE Corner

40°06.20′

73°41.08′

SW Corner

40°06.20′

73°41.80′

NW Corner

40°07.33′

73°41.80′

NE Corner

40°07.33′

73°41.08′

(ix) Barnegat Light Reef Site.

Point

N Latitude

W Longitude

NE Corner

39°45.87′

74°01.10′

SE Corner

39°44.62′

74°01.10′

SW Corner

39°44.62′

74°01.95′

NW Corner

39°45.87′

74°01.95′

NE Corner

39°45.87′

74°01.10′

(x) Wildwood Reef Site.

Point

N Latitude

W Longitude

NE Corner

38°57.85′

74°39.70′

SE Corner

38°56.58′

74°41.40′

SW Corner

38°57.55′

74°42.60′

NW Corner

38°58.80′

74°40.90′

50 CFR 648.148(b)(2)(x) (enhanced display)

page 532 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.148(b)(2)(xi)

Point
NE Corner

N Latitude
38°57.85′

W Longitude
74°39.70′

(xi) Deepwater Reef Site.

Point

N Latitude

W Longitude

NE Corner

38°59.00′

74°10.50′

SE Corner

38°58.00′

74°10.50′

SW Corner

38°58.00′

74°11.50′

NW Corner

38°59.00′

74°11.50′

NE Corner

38°59.00′

74°10.50′

(xii) Cape May Reef Site.

Point

N Latitude

W Longitude

NE Corner

38°53.45′

74°39.43′

SE Corner

38°50.07′

74°42.25′

SW Corner

38°50.67′

74°43.25′

NW Corner

38°53.97′

74°40.62′

NE Corner

38°53.45′

74°39.43′

(xiii) Townsend Inlet Reef Site.

Point

N Latitude

W Longitude

NE Corner

39°06.70′

74°36.00′

SE Corner

39°06.25′

74°36.00′

SW Corner

39°06.25′

74°37.50′

NW Corner

39°06.70′

74°37.50′

NE Corner

39°06.70′

74°36.00′

[80 FR 32485, June 9, 2015, as amended at 83 FR 31692, July 9, 2018]

50 CFR 648.148(b)(2)(xiii) (enhanced display)

page 533 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.149

§ 648.149 Black sea bass framework adjustments to management measures.
(a) Within season management action. See § 648.110(a).
(1) Adjustment process. See § 648.110(a)(1).
(2) MAFMC recommendation. See § 648.110(a)(2)(i) through (iv).
(3) Regional Administrator action. See § 648.110(a)(3)(i) through (iii).
(4) Emergency actions. See § 648.110(a)(4).
(b) [Reserved]
[76 FR 60639, Sept. 29, 2011]

§ 648.150 Block Island Sound Transit Zone.
(a) Vessels not issued a black sea bass Federal moratorium or party/charter permit, and recreational fishing
participants fishing exclusively in state waters may transit with black sea bass harvested from state
waters on board through Federal waters of the EEZ within Block Island Sound, north of a line connecting
Montauk Light, Montauk Point, NY, and Block Island Southeast Light, Block Island, RI; and west of a line
connecting Point Judith Light, Point Judith, RI, and Block Island Southeast Light, Block Island, RI. Within
this area, possession of black sea bass is permitted regardless of the minimum and/or maximum (as
applicable) size, possession limit, and seasons outlined in §§ 648.145, 648.146, and 648.147, provided no
fishing takes place from the vessel while in Federal waters of the EEZ, the vessel complies with state
regulations, and is in continuous transit. During such transit through this area, commercial gear must be
stowed in accordance with the definition of “not available for immediate use” found at § 648.2, and party/
charter vessels and recreational participants must have all bait and hooks removed from fishing rods, and
any black sea bass on board must be stored in a cooler or container.
(b) The requirements of this transit zone are not necessary or applicable for recreational fishery participants
during years when conservation equivalency has been adopted under conservation equivalency measures
and recreational Federal measures are waived.
[84 FR 65705, Nov. 29, 2019]

§ 648.151 Black sea bass conservation equivalency.
(a) The Regional Administrator has determined that the recreational fishing measures proposed to be
implemented by the states of Maine through North Carolina for 2025 are the conservation equivalent of
the season, size limits, and possession limit prescribed in §§ 648.146, 648.147(b), and 648.145(a). This
determination is based on a recommendation from the Summer Flounder, Scup, and Black Sea Bass
Board of the Atlantic States Marine Fisheries Commission.
(1) Federally permitted vessels subject to the recreational fishing measures of this part, and other
recreational fishing vessels harvesting black sea bass in or from the EEZ and subject to the
recreational fishing measures of this part, landing black sea bass in a state whose fishery
management measures are determined by the Regional Administrator to be conservation equivalent
shall not be subject to the more restrictive Federal measures, pursuant to the provisions of §
648.4(b). Those vessels shall be subject to the recreational fishing measures implemented by the
state in which they land.
50 CFR 648.151(a)(1) (enhanced display)

page 534 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.151(a)(2)

(2) [Reserved]
(b) Federally permitted vessels subject to the recreational fishing measures of this part, and other
recreational fishing vessels registered in states and subject to the recreational fishing measures of this
part, whose fishery management measures are not determined by the Regional Administrator to be the
conservation equivalent of the season, size limits and possession limit prescribed in §§ 648.146,
648.147(b), and 648.145(a), respectively, due to the lack of, or the reversal of, a conservation-equivalent
recommendation from the Summer Flounder, Scup, and Black Sea Bass Board of the Atlantic States
Marine Fisheries Commission shall be subject to the following precautionary default measures:
Season—June 1 through August 31; minimum size—16 inches (40.64 cm); and possession limit—2 fish.
[90 FR 27257, June 26, 2025]

Subpart J—Management Measures for the Atlantic Bluefish Fishery
Source: 65 FR 45852, July 26, 2000, unless otherwise noted.

§ 648.160 Bluefish Annual Catch Limit (ACL).
(a) The Bluefish Monitoring Committee shall recommend to the MAFMC an ACL for the bluefish fishery, which
shall be equal to the ABC recommended by the SSC.
(1) Periodicity. The bluefish fishery ACL may be established on an annual basis for up to 3 years at a
time, dependent on whether the SSC provides single or multiple-year ABC recommendations.
(2) [Reserved]
(b) Performance review. The Bluefish Monitoring Committee shall conduct a detailed review of fishery
performance relative to the ACL at least every 5 years.
(1) If the ACL is exceeded with a frequency greater than 25 percent (i.e., more than once in 4 years or
any 2 consecutive years), the Bluefish Monitoring Committee will review fishery performance
information and consider whether changes to measures are needed.
(2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of
a stock rebuilding plan following the determination that the bluefish stock has become overfished.
(3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs
have been exceeded, but may be conducted in conjunction with such reviews.
[76 FR 60639, Sept. 29, 2011, as amended at 88 FR 14511, Mar. 9, 2023]

§ 648.161 Bluefish Sector ACLs and Annual Catch Targets (ACTs).
(a) Sector ACLs and ACTs. As a part of the bluefish specifications process, the Bluefish Monitoring
Committee shall allocate a specified percentage of the fishery-level ACL to the commercial and
recreational fishery sectors, and identify and review the relevant sources of sector-specific management
uncertainty to recommend ACTs for each sector.

50 CFR 648.161(a) (enhanced display)

page 535 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.161(a)(1)

(1) Sectors. The sum of the commercial and recreational sector-specific ACLs shall be less than or equal
to the fishery level ACL. A total of 86 percent of the fishery-level ACL will be allocated to the
recreational fishery. A total of 14 percent of the fishery-level ACL will be allocated to the commercial
fishery.
(2) Management uncertainty. The Bluefish Monitoring Committee shall recommend any reduction in
catch necessary to address management uncertainty and recommend ACTs for each sector,
consistent with paragraph (a) of this section, after the sector allocation described in paragraph (a)(1)
of this section. The Bluefish Monitoring Committee recommendations shall identify any sectorspecific sources of management uncertainty affecting the fishery, technical approaches to
mitigating these sources of uncertainty, and any additional relevant information considered in the
ACT recommendation and adjustment process.
(3) Periodicity. ACTs may be established on an annual basis for up to 3 years at a time, dependent on
whether the SSC provides single or multiple-year ABC recommendations.
(b) Performance review. The Bluefish Monitoring Committee shall conduct a detailed review of fishery
performance relative to ACTs in conjunction with any ACL performance review, as outlined in §
648.160(b)(1) through (3).
[76 FR 60639, Sept. 29, 2011, as amended at 86 FR 66981, Nov. 24, 2021]

§ 648.162 Bluefish specifications.
(a) Recommended measures. Based on the annual review and requests for research quota as described in
paragraph (h) of this section, the Bluefish Monitoring Committee shall recommend to the MAFMC and the
ASMFC the following measures to ensure that the ACL specified by the process outlined in § 648.160(a)
will not be exceeded:
(1) A fishery-level ACT;
(2) Research quota set from a range of 0 to 3 percent of TALs;
(3) Commercial minimum fish size;
(4) Minimum mesh size;
(5) Recreational possession limit set from a range of 0 to 20 bluefish;
(6) Recreational minimum fish size;
(7) Recreational season;
(8) Restrictions on gear other than otter trawls and gill nets;
(9) Changes, as appropriate, 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
(10) Modification of existing AM measures and ACT control rules utilized by the Bluefish Monitoring
Committee.
(b) TAL. The Bluefish Monitoring Committee shall recommend sector-specific TALs less than or equal to the
ACTs through the specifications process.
50 CFR 648.162(b) (enhanced display)

page 536 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.162(b)(1)

(1) Recreational harvest limit and commercial quota. If research quota is specified as described in
paragraph (g) of this section, the recreational harvest limit and commercial quota will be based on
the respective sector TALs remaining after the deduction of the applicable research quota.
(2) Sector quota transfer. During the specifications process, the Bluefish Monitoring Committee may
recommend a transfer of quota from the commercial fishery to the recreational fishery or from the
recreational fishery to the commercial fishery; based on a review and comparison of expected
landings for each sector and the recreational harvest limit and commercial quota. The amount of
quota transferred between sectors may not exceed 10-percent of the ABC for that fishing year. No
transfer may occur when the bluefish stock is overfished or subject to overfishing.
(c) Annual fishing measures. The MAFMC shall review the recommendations of the Bluefish Monitoring
Committee. Based on these recommendations and any public comment, the MAFMC shall recommend to
the Regional Administrator by September 1 measures necessary to prevent overages of the applicable
specified limits or targets for each sector as prescribed in the FMP. The MAFMC's recommendations
must include supporting documentation, as appropriate, concerning the environmental, economic, and
social impacts of the recommendations. The Regional Administrator shall review these recommendations
and any recommendations of the ASMFC. After such review, NMFS will publish a proposed rule in the
FEDERAL REGISTER as soon as practicable to implement ACLs, ACTs, research quota, a coastwide
commercial quota, individual State commercial quotas, a recreational harvest limit, and additional
management measures for the commercial and recreational fisheries to prevent overages of the
applicable specified limits or targets for each sector as prescribed in the FMP. After considering public
comment, NMFS will publish a final rule in the FEDERAL REGISTER.
(d) Distribution of annual commercial quota.
(1) The annual commercial quota will be distributed to the states, based upon the following
percentages; state each followed by its allocation in parentheses: ME (0.1091); NH (0.2154); MA
(10.1150); RI (9.6079); CT (1.0872); NY (19.7582); NJ (13.8454); DE (0.4945); MD (1.9175); VA
(5.8657); NC (32.0278); SC (0.1034); GA (0.1023); and FL (4.7788). Note: The sum of all state
allocations does not add to 100 because of rounding. This distribution includes a minimum
allocation of 0.1 to every state in the management unit.
(2) The allocation percentages in paragraph (d)(1) of this section will be phased in over a 7-year period
beginning in 2022. The percent change in allocation from those prior to 2022 for each state is
divided equally by seven, and will be applied incrementally each year until the final allocations listed
in paragraph (d)(1) are in full effect for fishing year 2028.
(e) Quota transfers and combinations. Any state implementing a state commercial quota for bluefish may
request approval from the Regional Administrator to transfer part or all of its annual quota to one or more
states. Two or more states implementing a state commercial quota for bluefish may request approval
from the Regional Administrator to combine their quotas, or part of their quotas, into an overall regional
quota. Requests for transfer or combination of commercial quotas for bluefish must be made by
individual or joint letter(s) signed by the principal state official with marine fishery management
responsibility and expertise, or his/her previously named designee, for each state involved. The letter(s)
must certify that all pertinent state requirements have been met and identify the states involved and the
amount of quota to be transferred or combined.

50 CFR 648.162(e) (enhanced display)

page 537 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.162(e)(1)

(1) Within 10 working days following the receipt of the letter(s) from the states involved, the Regional
Administrator shall notify the appropriate state officials of the disposition of the request. In
evaluating requests to transfer a quota or combine quotas, the Regional Administrator shall consider
whether:
(i)

The transfer or combination would preclude the overall annual quota from being fully harvested;

(ii) The transfer addresses an unforeseen variation or contingency in the fishery; and
(iii) The transfer is consistent with the objectives of the Bluefish FMP and Magnuson-Stevens Act.
(2) The transfer of quota or the combination of quotas will be valid only for the calendar year for which
the request was made.
(3) A state may not submit a request to transfer quota or combine quotas if a request to which it is party
is pending before the Regional Administrator. A state may submit a new request when it receives
notification that the Regional Administrator has disapproved the previous request or when
notification of the approval of the transfer or combination has been published in the FEDERAL
REGISTER.
(f) Revision of state allocation. Based upon any changes in the landings data available from the states for the
base years 2009-2018, the Atlantic States Marine Fisheries Commission (ASMFC) and the MAFMC may
recommend to the Regional Administrator that the states' shares specified in paragraph (d)(1) of this
section be revised. The MAFMC's and the ASMFC's recommendation must include supporting
documentation, as appropriate, concerning the environmental and economic impacts of the
recommendation. The Regional Administrator shall review the recommendation of the ASMFC and the
MAFMC. After such review, NMFS will publish a proposed rule in the FEDERAL REGISTER to implement a
revision in the state shares. After considering public comment, NMFS will publish a final rule in the
FEDERAL REGISTER to implement any warranted changes in allocation.
(g) Research quota. See § 648.22(g).
[76 FR 60639, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37197, June 30, 2015; 86 FR 66981, Nov. 24, 2021;
88 FR 14511, Mar. 9, 2023]

§ 648.163 Bluefish Accountability Measures (AMs).
(a) ACL overage evaluation. The ACLs will be evaluated based on a single-year examination of total catch
(landings and dead discards). Both landings and dead discards will be evaluated in determining if the
ACLs have been exceeded.
(b) Commercial sector EEZ closure. NMFS shall close the EEZ to fishing for bluefish by commercial vessels for
the remainder of the calendar year by publishing notification in the FEDERAL REGISTER if the Regional
Administrator determines that the inaction of one or more states will cause the ACL specified in §
648.160(a) to be exceeded, or if the commercial fisheries in all states have been closed. NMFS may
reopen the EEZ if earlier inaction by a state has been remedied by that state, or if commercial fisheries in
one or more states have been reopened without causing the ACL to be exceeded.

50 CFR 648.163(b) (enhanced display)

page 538 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.163(c)

(c) State commercial landing quotas. The Regional Administrator will monitor state commercial quotas based
on dealer reports and other available information and shall determine the date when a state commercial
quota will be harvested. NMFS shall publish notification in the FEDERAL REGISTER advising a state that,
effective upon a specific date, its commercial quota has been harvested and notifying vessel and dealer
permit holders that no commercial quota is available for landing bluefish in that state.
(1) Commercial landings overage repayment. All bluefish landed for sale in a state shall be applied
against that state's annual commercial quota, regardless of where the bluefish were harvested. Any
overages of the commercial quota landed in any state will be deducted from that state's annual
quota for the following year, irrespective of whether the fishery-level ACL is exceeded. If a state has
increased or reduced quota through the transfer process described in § 648.162, then any overage
will be measured against that state's final adjusted quota.
(2) If there is a quota overage at the end of the fishing year among states involved in the combination of
quotas, the overage will be deducted from the following year's quota for each of the states involved
in the combined quota, irrespective of whether the fishery-level ACL is exceeded. The deduction will
be proportional, based on each state's relative share of the combined quota for the previous year. A
transfer of quota or combination of quotas does not alter any state's percentage share of the overall
quota specified in § 648.162(d)(1).
(d) Recreational landings AM when the recreational ACL is exceeded and no sector-to-sector transfer of
allowable landings has occurred. If the recreational ACL is exceeded and no transfer between the
commercial and recreational sector was made for the fishing year, as outlined in § 648.162(b)(2), then the
following procedure will be followed:
(1) If biomass is below the threshold, the stock is under rebuilding, or biological reference points are
unknown. If the most recent estimate of biomass is below the BMSY threshold (i.e., B/BMSY is less
than 0.5), the stock is under a rebuilding plan, or the biological reference points (B or BMSY) are
unknown, and the recreational ACL has been exceeded, then the exact amount, in pounds, by which
the most recent year's recreational catch estimate exceeded the most recent year's recreational ACL
will be deducted from the following year's recreational ACT, or as soon as possible thereafter, once
catch data are available. This payback may be evenly spread over 2 years if doing so allows for use
of identical recreational management measures across the upcoming 2 years.
(2) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. If the
most recent estimate of biomass is above the biomass threshold (B/BMSY is greater than 0.5), but
below the biomass target (B/BMSY is less than 1.0), and the stock is not under a rebuilding plan, then
the following AMs will apply:
(i)

If the recreational ACL has been exceeded. If the recreational ACL has been exceeded, then
adjustments to the recreational management measures, taking into account the performance
of the measures and conditions that precipitated the overage, will be made in the following
fishing year, or as soon as possible thereafter, once catch data are available, as a single-year
adjustment.

(ii) If the fishing mortality (F) has exceeded FMSY (or the proxy). If the most recent estimate of total
fishing mortality exceeds FMSY (or the proxy) then an adjustment to the recreational ACT will
be made as soon as possible once catch data are available. If an estimate of total fishing
mortality for the most recent complete year of catch data is not available, then a comparison of
total catch relative to the ABC will be used.

50 CFR 648.163(d)(2)(ii) (enhanced display)

page 539 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.163(d)(2)(ii)(A)

(A) Adjustment to Recreational ACT. If an adjustment to the following year's Recreational ACT
is required, then the ACT will be reduced by the exact amount, in pounds, of the product of
the recreational ACL overage and the payback coefficient, as specified in paragraph
(d)(2)(ii)(B) of this section. This payback may be evenly spread over 2 years if doing so
allows for use of identical recreational management measures across the upcoming 2
years.
(B) Payback coefficient. The payback coefficient is the difference between the most recent
estimates of BMSY and biomass (i.e., BMSY− B) divided by one-half of BMSY.
(3) If biomass is above BMSY. If the most recent estimate of biomass is above BMSY (i.e., B/BMSY is
greater than 1.0), then adjustments to the recreational management measures, taking into account
the performance of the measures and conditions that precipitated the overage, will be made in the
following fishing year, or as soon as possible thereafter, once catch data are available, as a singleyear adjustment.
(e) AM for when the ACL is exceeded and a sector-to-sector transfer of allowable landings has occurred. If the
fishery-level ACL is exceeded and landings from the recreational fishery and/or the commercial fishery are
determined to have caused the overage, and a transfer between the commercial and recreational sector
has occurred for the fishing year, as outlined in § 648.162(b)(2), then the amount transferred between the
recreational and commercial sectors may be reduced by the ACL overage amount (pound-for-pound
repayment) in a subsequent, single fishing year if the Bluefish Monitoring Committee determines that the
ACL overage was the result of too liberal a landings transfer between the two sectors. If the Bluefish
Monitoring Committee determines that the ACL overage was not the result of the landings transfer, the
recreational AMs described in paragraph (d) of this section will be implemented.
(f) Non-landing AMs. In the event that the fishery-level ACL has been exceeded and the overage has not been
accommodated through the AM measures in paragraphs (a) through (d) of this section, then the exact
amount, in pounds, by which the fishery-level ACL was exceeded shall be deducted, as soon as possible,
from subsequent, single fishing year ACTs. The payback will be applied to each sector's ACT in proportion
to each sector's contribution to the overage.
(g) State/Federal disconnect AM. If the total catch, allowable landings, commercial quotas, and/or
recreational harvest limit measures adopted by the ASMFC Bluefish Management Board and the MAFMC
differ for a given fishing year, administrative action will be taken as soon as is practicable to revisit the
respective recommendations of the two groups. The intent of this action shall be to achieve alignment
through consistent state and Federal measures so no differential effects occur to Federal permit holders.
[76 FR 60640, Sept. 29, 2011, as amended at 78 FR 76765, Dec. 19, 2013; 88 FR 14511, Mar. 9, 2023]

§ 648.164 Bluefish possession restrictions.
(a) Recreational possession limits. Any person fishing from a vessel in the EEZ that is not fishing under a
bluefish commercial permit shall observe the applicable recreational possession limit. The owner,
operator, and crew of a charter or party boat issued a bluefish commercial permit are not subject to the
recreational possession limit when not carrying passengers for hire and when the crew size does not
exceed five for a party boat and three for a charter boat.
(1) Private recreational vessels. Any person fishing from a vessel that is not fishing under a bluefish
commercial or charter/party vessel permit issued pursuant to § 648.4(a)(8), may land up to three
bluefish per day.
50 CFR 648.164(a)(1) (enhanced display)

page 540 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.164(a)(2)

(2) For-hire vessels. Anglers fishing onboard a for-hire vessel under a bluefish charter/party vessel
permit issued pursuant to § 648.4(a)(8), may land up to five bluefish per person per day.
(b) Pooling Catch. Bluefish harvested by vessels subject to the possession limit with more than one person on
board may be pooled in one or more containers. Compliance with the daily possession limit will be
determined by dividing the number of bluefish on board by the number of persons on board, other than
the captain and the crew. If there is a violation of the possession limit on board a vessel carrying more
than one person, the violation shall be deemed to have been committed by the owner and operator of the
vessel.
[76 FR 60641, Sept. 29, 2011, as amended at 85 FR 38798, June 29, 2020]

§ 648.165 Bluefish minimum fish sizes.
If the MAFMC determines through its annual review or framework adjustment process that minimum fish sizes are
necessary to ensure that the fishing mortality rate is not exceeded, or to attain other FMP objectives, such
measures will be enacted through the procedure specified in § 648.162(c) or 648.167.
[76 FR 60641, Sept. 29, 2011]

§ 648.166 Bluefish gear restrictions.
If the MAFMC determines through its annual review or framework adjustment process that gear restrictions are
necessary to ensure that the ACL is not exceeded, or to attain other FMP objectives, such measures, subject to the
gear other than trawls and gillnets restrictions in § 648.162 regarding specifications, will be enacted through the
procedure specified in § 648.162(c) or 648.167.
[76 FR 60641, Sept. 29, 2011]

§ 648.167 Bluefish framework adjustment to management measures.
(a) Within-season management action. The MAFMC 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 Bluefish FMP.
(1) Adjustment process. After a management action has been initiated, the MAFMC shall develop and
analyze appropriate management actions over the span of at least two MAFMC meetings. The
MAFMC shall provide the public with advance notice of the availability of both the proposals and the
analysis and the opportunity to comment on them prior to and at the second MAFMC meeting. The
MAFMC's recommendation on adjustments or additions to management measures must come from
one or more of the following categories: Adjustments within existing ABC control rule levels;
adjustments to the existing MAFMC risk policy; introduction of new AMs, including sub-ACTs;
minimum fish size; maximum fish size; gear restrictions; gear requirements or prohibitions;
permitting restrictions; recreational possession limit; recreational season; closed areas; commercial
season; 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 industryfunded observers or observer set aside programs; and any other management measures currently
50 CFR 648.167(a)(1) (enhanced display)

page 541 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.167(a)(2)

included in the FMP. Measures that require significant departures from previously contemplated
measures or that are otherwise introducing new concepts may require an amendment of the FMP
instead of a framework adjustment.
(2) MAFMC recommendation. After developing management actions and receiving public testimony, the
MAFMC shall make a recommendation to the Regional Administrator. The MAFMC'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 measures as a final rule. If the MAFMC recommends that the
management measures should be issued as a final rule, the MAFMC 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 MAFMC's recommended
management measures;
(iii) Whether there is an immediate need to protect the resource; and
(iv) Whether there will be a continuing evaluation of management measures adopted following their
implementation as a final rule.
(3) Action by NMFS. If the MAFMC's recommendation includes adjustments or additions to
management measures and, after reviewing the MAFMC's recommendation and supporting
information:
(i)

If NMFS concurs with the MAFMC'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 (a)(2) of this section, the measures will be issued as a final rule in the
FEDERAL REGISTER.

(ii) If NMFS concurs with the MAFMC'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 NMFS
concurs with the MAFMC's recommendation, the measures will be issued as a final rule in the
FEDERAL REGISTER.
(iii) If NMFS does not concur, the MAFMC will be notified in writing of the reasons for the nonconcurrence.
(b) Emergency action. Nothing in this section is meant to derogate from the authority of the Secretary to take
emergency action under section 305(e) of the Magnuson-Stevens Act.
[76 FR 60641, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37197, June 30, 2015]

Subpart K—Management Measures for the Atlantic Herring Fishery
Source: 72 FR 11277, Mar. 12, 2007, unless otherwise noted.

50 CFR 648.167(b) (enhanced display)

page 542 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.200

§ 648.200 Specifications.
(a) The Atlantic Herring Plan Development Team (PDT) shall meet at least every 3 years, but no later than July
of the year before new specifications are implemented, with the Atlantic States Marine Fisheries
Commission's (Commission) Atlantic Herring Technical Committee (TC) to develop and recommend the
following specifications for a period of 3 years for consideration by the New England Fishery
Management Council's Atlantic Herring Oversight Committee: Overfishing Limit (OFL), Acceptable
Biological Catch (ABC), Annual Catch Limit (ACL), Optimum yield (OY), domestic annual harvest (DAH),
domestic annual processing (DAP), U.S. at-sea processing (USAP), border transfer (BT), the sub-ACL for
each management area, including seasonal periods as specified at § 648.201(d) and modifications to
sub-ACLs as specified at § 648.201(f), the amount to be set aside for the RSA (from 0 to 3 percent of the
sub-ACL from any management area), and river herring and shad catch caps, as specified in §
648.201(a)(4). Recommended specifications shall be presented to the New England Fishery Management
Council.
(1) The PDT shall meet with the Commission's TC to review the status of the stock and the fishery and
prepare a Stock Assessment and Fishery Evaluation (SAFE) report at least every 3 years. The Herring
PDT will meet at least once during interim years to review the status of the stock relative to the
overfishing definition if information is available to do so. When conducting a 3-year review and
preparing a SAFE Report, the PDT/TC will recommend to the Council/Commission any necessary
adjustments to the specifications for the upcoming 3 years.
(2) If the Council determines, based on information provided by the PDT/TC or other stock-related
information, that the specifications should be adjusted during the 3-year time period, it can do so
through the same process outlined in this section during one or both of the interim years.
(b) Guidelines. As the basis for its recommendations under paragraph (a) 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. The specifications recommended pursuant to paragraph (a) of this section
must be consistent with the following:
(1) OFL must be equal to catch resulting from applying the maximum fishing mortality threshold to a
current or projected estimate of stock size. When the stock is not overfished and overfishing is not
occurring, this is the fishing rate supporting maximum sustainable yield (e.g., FMSY or proxy). Catch
that exceeds this amount would result in overfishing. The stock is considered overfished if stock
biomass is less than 1⁄2 the stock biomass associated with the MSY level or its proxy (e.g., SSBMSY
or proxy). The stock is considered subject to overfishing if the fishing mortality rate exceeds the
fishing mortality rate associated with the MSY level or its proxy (e.g., FMSY or proxy).
(2) ABC must be less than the OFL. The Council's Scientific and Statistical Committee (SSC) shall
recommend ABC to the Council by applying the ABC control rule and considering scientific
uncertainty. Scientific uncertainty, including, but not limited to, uncertainty around stock size
estimates, variability around estimates of recruitment, and consideration of ecosystem issues, shall
be considered when setting ABC.

50 CFR 648.200(b)(2) (enhanced display)

page 543 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.200(b)(3)

(3) ACL must be equal to or less than the ABC. Management uncertainty, which includes, but is not
limited to, expected catch of herring in the New Brunswick weir fishery and the uncertainty around
discard estimates of herring caught in Federal and state waters, shall be considered when setting
the ACL. Catch in excess of the ACL shall trigger accountability measures (AMs), as described in §
648.201(a).
(4) OY may not exceed OFL (i.e., MSY) and must take into account the need to prevent overfishing while
allowing the fishery to achieve OY on a continuing basis. OY is prescribed on the basis of MSY, as
reduced by social, economic, and ecological factors. OY may equal DAH.
(5) DAH is comprised of DAP and BT.
(6) River herring and shad catch caps may be allocated to the herring fishery by the following: Species,
as defined in § 648.2, either separately or combined; area as specified in paragraph (f)(7) of this
section; vessel permit; gear type; or any combination of these.
(c) The Atlantic Herring Oversight Committee shall review the recommendations of the PDT and shall consult
with the Commission's Herring Board. Based on these recommendations and any public comment
received, the Herring Oversight Committee shall recommend to the Council appropriate specifications for
a 3-year period. The Council shall review these recommendations and, after considering public comment,
shall recommend appropriate 3-year specifications to NMFS. NMFS shall review the recommendations,
consider any comments received from the Commission, and publish notification in the FEDERAL REGISTER
proposing 3-year specifications. If the proposed specifications differ from those recommended by the
Council, the reasons for any differences shall be clearly stated and the revised specifications must satisfy
the criteria set forth in paragraph (b) of this section.
(d) NMFS shall make a final determination concerning the specifications for Atlantic herring. Notification of
the final specifications and responses to public comments shall be published in the FEDERAL REGISTER. If
the final specification amounts differ from those recommended by the Council, the reason(s) for the
difference(s) must be clearly stated and the revised specifications must be consistent with the criteria set
forth in paragraph (b) of this section. The previous year's specifications shall remain effective until they
are revised through the specification process.
(e) In-season adjustments. The specifications and sub-ACLs established pursuant to this section may be
adjusted by NMFS to achieve conservation and management objectives, after consulting with the Council,
during the fishing year in accordance with the Administrative Procedure Act (APA). Any adjustments must
be consistent with the Atlantic Herring FMP objectives and other FMP provisions.
(f) Management areas. The specifications process establishes sub-ACLs and other management measures
for the three management areas, which may have different management measures. Management Area 1
is subdivided into inshore and offshore sub-areas. The management areas are defined as follows:
(1) Management Area 1 (Gulf of Maine): All U.S. waters of the Gulf of Maine (GOM) north of a line
extending from a point at 41°39′ N. lat, 70°00′ W. long. to 42°53′ 14.32125″ N. lat., 67° 44′ 33.01613″
W. long., thence northerly along the U.S.-Canada Maritime Boundary to the U.S.-Canadian border, to

50 CFR 648.200(f)(1) (enhanced display)

page 544 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.200(f)(2)

include state and Federal waters adjacent to the states of Maine, New Hampshire, and
Massachusetts. Management Area 1 is divided into Area 1A (inshore) and Area 1B (offshore). The
line dividing these areas is described by the following coordinates:

Point

Latitude

Longitude

1

41°58′ N

70° 00′ W

2

42°38′ N

70° 00′ W

3

42°53′ N

69° 40′ W

4

43°12′ N

69° 00′ W

5

43°40′ N

68° 00′ W

6

43°58′16.0314″ N

67° 21′26.157″ W

1

Note

( 1)

Point 6 falls on the U.S.-Canada Maritime Boundary.

(2) Management Area 2 (South Coastal Area): All state and Federal waters inclusive of sounds and bays,
bounded on the east by 70°00′ W. long. and the outer limit of the U.S. Exclusive Economic Zone;
bounded on the north and west by the southern coastline of Cape Cod, Massachusetts, and the
coastlines of Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, and
North Carolina; and bounded on the south by a line following the lateral seaward boundary between
North Carolina and South Carolina from the coast to the Submerged Lands Act line, approximately
33°48′46.37″ N. lat., 78°29′46.46″ W. long., and then heading due east along 33°48′46.37″ N. lat. to
the outer limit of the US Exclusive Economic Zone.
(3) Management Area 3 (Georges Bank): All U.S. waters east of 70°00′ W. long. and southeast of the line
that runs from a point at 41°39′ N. lat. and 70°00′ W. long., northeasterly to U.S.-Canada Maritime
Boundary at 42°53′14.32125″ N. lat., 67°44′33.01613″ W. long.
(4) River Herring Monitoring/Avoidance Areas —
(i)

January-February River Herring Monitoring/Avoidance Areas. The January-February River Herring
Monitoring/Avoidance Areas include four sub-areas. Each sub-area includes the waters
bounded by the coordinates below, connected in the order listed by straight lines unless
otherwise noted.
(A) January-February River Herring Monitoring/Avoidance Sub-Area 1.

Point

Latitude

Longitude

JF1A

43°00′ N

71°00′ W

JF1B

43°00′ N

70°30′ W

JF1C

42°30′ N

70°30′ W

JF1D

42°30′ N

71°00′ W

50 CFR 648.200(f)(4)(i)(A) (enhanced display)

page 545 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.200(f)(4)(i)(B)

Latitude

JF1A

Longitude

43°00′ N

71°00′ W

(B) January-February River Herring Monitoring/Avoidance Sub-Area 2.

Point

Latitude

Longitude

JF2A

42°00′ N

70°00′ W

JF2B

42°00′ N

69°30′ W

JF2C

41°30′ N

69°30′ W

JF2D

41°30′ N

70°00′ W

JF2A

42°00′ N

70°00′ W

(C) January-February River Herring Monitoring/Avoidance Sub-Area 3.

Point

Latitude

Longitude

Note

JF3A

41°30′ N

72°00′ W

JF3B

41°30′ N

71°00′ W

JF3C

40°30′ N

71°00′ W

JF3D

40°30′ N

72°30′ W

JF3E

( 1)

72°30′ W

( 3)

JF3F

( 2)

72°00′ W

( 3)

1

The southernmost shoreline of Long Island, New York.

2

The north-facing shoreline of Long Island, New York.

3

Points JF3E and JF3F are connected following the coastline of the south fork of eastern Long Island,
New York.

50 CFR 648.200(f)(4)(i)(C) (enhanced display)

page 546 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
JF3A

50 CFR 648.200(f)(4)(i)(D)

Latitude

Longitude

41°30′ N

Note

72°00′ W

1

The southernmost shoreline of Long Island, New York.

2

The north-facing shoreline of Long Island, New York.

3

Points JF3E and JF3F are connected following the coastline of the south fork of eastern Long Island,
New York.

(D) January-February River Herring Monitoring/Avoidance Sub-Area 4.

Point

Latitude

Longitude

Note

JF4A

40°30′ N

74°00′ W

JF4B

40°30′ N

72°30′ W

JF4C

40°00′ N

72°30′ W

JF4D

40°00′ N

72°00′ W

JF4E

39°30′ N

72°00′ W

JF4F

39°30′ N

73°30′ W

JF4G

40°00′ N

73°30′ W

JF4H

40°00′ N

74°00′ W

( 1)

JF4A

40°30′ N

74°00′ W

( 1)

1

Points JF4H and JF4A are connected following 74 °W longitude and the easternmost shoreline of
New Jersey, whichever is furthest east.

(ii) March-April River Herring Monitoring/Avoidance Areas. The March-April River Herring
Monitoring/Avoidance Areas include five sub-areas. Each sub-area includes the waters
bounded by the coordinates below, connected in the order listed by straight lines unless
otherwise noted.
(A) March-April River Herring Monitoring/Avoidance Sub-Area 1.

Point

Latitude

Longitude

MA1A

43°00′ N

71°00′ W

MA1B

43°00′ N

70°30′ W

MA1C

42°30′ N

70°30′ W

MA1D

42°30′ N

71°00′ W

50 CFR 648.200(f)(4)(ii)(A) (enhanced display)

page 547 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.200(f)(4)(ii)(B)

Latitude

MA1A

Longitude

43°00′ N

71°00′ W

(B) March-April River Herring Monitoring/Avoidance Sub-Area 2.

Point

Latitude

Longitude

MA2A

42°00′ N

70°00′ W

MA2B

42°00′ N

69°30′ W

MA2C

41°30′ N

69°30′ W

MA2D

41°30′ N

70°00′ W

MA2A

42°00′ N

70°00′ W

(C) March-April River Herring Monitoring/Avoidance Sub-Area 3.

Point

Latitude

Longitude

Note

MA3A

41°00′ N

( 1)

MA3B

41°00′ N

71°00′ W

MA3C

40°30′ N

71°00′ W

MA3D

40°30′ N

71°30′ W

MA3E

40°00′ N

71°30′ W

MA3F

40°00′ N

72°30′ W

MA3G

(2)

72°30′ W

( 3)

MA3A

41°00′ N

( 1)

( 3)

1

The easternmost shoreline of Long Island, New York.

2

The southernmost shoreline of Long Island, New York.

3

Points MA3G and MA3A are connected following the southern shoreline of Long Island, New York.

(D) March-April River Herring Monitoring/Avoidance Sub-Area 4.

Point

Latitude

Longitude

MA4A

40°00′ N

73°30′ W

MA4B

40°00′ N

72°30′ W

50 CFR 648.200(f)(4)(ii)(D) (enhanced display)

page 548 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.200(f)(4)(ii)(E)

Latitude

Longitude

MA4C

39°00′ N

72°30′ W

MA4D

39°00′ N

73°30′ W

MA4A

40°00′ N

73°30′ W

(E) March-April River Herring Monitoring/Avoidance Sub-Area 5.

Point

Latitude

Longitude

Note

MA5A

40°30′ N

74°00′ W

MA5B

40°30′ N

73°30′ W

MA5C

40°00′ N

73°30′ W

MA5D

40°00′ N

74°00′ W

( 1)

MA5A

40°30′ N

74°00′ W

( 1)

1

Points MA5D and MA5A are connected following 74 °W longitude and the easternmost shoreline of
New Jersey, whichever is furthest east.

(iii) May-June River Herring Monitoring/Avoidance Areas. The May-June River Herring Monitoring/
Avoidance Areas include two sub-areas. Each sub-area includes the waters bounded by the
coordinates below, connected in the order listed by straight lines unless otherwise noted.
(A) May-June River Herring Monitoring/Avoidance Sub-Area 1.

Point

Latitude

Longitude

MJ1A

44°00′ N

69°30′ W

MJ1B

44°00′ N

69°00′ W

MJ1C

43°30′ N

69°00′ W

MJ1D

43°30′ N

69°30′ W

MJ1A

44°00′ N

69°30′ W

(B) May-June River Herring Monitoring/Avoidance Sub-Area 2.

Point
MJ2A

Latitude
42°00′ N

50 CFR 648.200(f)(4)(iii)(B) (enhanced display)

Longitude
70°00′ W

page 549 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.200(f)(4)(iv)

Point

Latitude

Longitude

MJ2B

42°00′ N

69°30′ W

MJ2C

41°30′ N

69°30′ W

MJ2D

41°30′ N

70°00′ W

MJ2A

42°00′ N

70°00′ W

(iv) July-August River Herring Monitoring/Avoidance Areas. The July-August River Herring
Monitoring/Avoidance Areas include two sub-areas. Each sub-area includes the waters
bounded by the coordinates below, connected in the order listed by straight lines unless
otherwise noted.
(A) July-August River Herring Monitoring/Avoidance Sub-Area 1.

Point

Latitude

Longitude

Note

JA1A

44°00′ N

70°00′ W

JA1B

44°00′ N

69°30′ W

JA1C

43°00′ N

69°30′ W

JA1D

43°00′ N

70°00′ W

( 1)

JA1A

44°00′ N

70°00′ W

( 1)

1

The boundary from Points JA1D to JA1A excludes the portions Maquoit Bay and Middle Bay
(Brunswick, ME) east of 70°00′ W.

(B) July-August River Herring Monitoring/Avoidance Sub-Area 2.

Point

Latitude

Longitude

JA2A

44°00′ N

69°00′ W

JA2B

44°00′ N

68°30′ W

JA2C

43°30′ N

68°30′ W

JA2D

43°30′ N

69°00′ W

JA2A

44°00′ N

69°00′ W

(v) September-October River Herring Monitoring/Avoidance Areas. The September-October River
Herring Monitoring/Avoidance Areas include two sub-areas. Each sub-area includes the waters
bounded by the coordinates below, connected in the order listed by straight lines unless
otherwise noted.

50 CFR 648.200(f)(4)(v) (enhanced display)

page 550 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.200(f)(4)(v)(A)

(A) September-October River Herring Monitoring/Avoidance Sub-Area 1.

Point

Latitude

Longitude

Note

SO1A

44°30′ N

68°00′ W

SO1B

44°30′ N

( 1)

( 2)

SO1C

44°00′ N

( 3)

( 2)

SO1D

44°00′ N

68°00′ W

SO1A

44°30′ N

68°00′ W

1

The intersection of 44°30′ N and the U.S.-Canada Maritime Boundary.

2

Point SO1B and Point SO1C are connected along the U.S.-Canada Maritime Boundary.

3

The intersection of 44°00′ N and the U.S.-Canada Maritime Boundary.

(B) September-October River Herring Monitoring/Avoidance Sub-Area 2.

Point

Latitude

Longitude

SO2A

43°00′ N

71°00′ W

SO2B

43°00′ N

70°30′ W

SO2C

42°30′ N

70°30′ W

SO2D

42°30′ N

71°00′ W

SO2A

43°00′ N

71°00′ W

(vi) November-December River Herring Monitoring/Avoidance Areas. The November-December River
Herring Monitoring/Avoidance Areas include two sub-areas. Each sub-area includes the waters
bounded by the coordinates below, connected in the order listed by straight lines unless
otherwise noted.
(A) November-December River Herring Monitoring/Avoidance Sub-Area 1.

Point

Latitude

Longitude

ND1A

43°00′ N

71°00′ W

ND1B

43°00′ N

70°00′ W

ND1C

42°00′ N

70°00′ W

ND1D

42°00′ N

69°30′ W

Note

1

The south-facing shoreline of Cape Cod, Massachusetts.

2

The west-facing shoreline of Cape Cod, Massachusetts.

3

Point ND1G and ND1H are connected following the coastline of Cape Cod, Massachusetts.

50 CFR 648.200(f)(4)(vi)(A) (enhanced display)

page 551 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.200(f)(4)(vi)(B)

Latitude

Longitude

ND1E

41°30′ N

69°30′ W

ND1F

41°30′ N

70°00′ W

1

Note

ND1G

( )

70°00′ W

( 3)

ND1H

42°00′ N

( 2)

( 3)

ND1I

42°00′ N

70°30′ W

ND1J

42°30′ N

70°30′ W

ND1K

42°30′ N

71°00′ W

ND1A

43°00′ N

71°00′ W

1

The south-facing shoreline of Cape Cod, Massachusetts.

2

The west-facing shoreline of Cape Cod, Massachusetts.

3

Point ND1G and ND1H are connected following the coastline of Cape Cod, Massachusetts.

(B) November-December River Herring Monitoring/Avoidance Sub-Area 2.

Point

Latitude

Longitude

ND2A

41°30′ N

72°00′ W

ND2B

41°30′ N

70°00′ W

ND2C

40°30′ N

70°00′ W

ND2D

40°30′ N

70°30′ W

ND2E

41°00′ N

70°30′ W

ND2F

41°00′ N

72°00′ W

50 CFR 648.200(f)(4)(vi)(B) (enhanced display)

page 552 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.200(f)(5)

Latitude

ND2A

Longitude

41°30′ N

72°00′ W

(5) Gulf of Maine Modified Haddock Stock Area. The Gulf of Maine Modified Haddock Stock Area is
composed of the portions of Greater Atlantic Region Statistical Areas #464, #465, #511, #512, #513,
#514, and #515 in U.S. waters, and is defined by the following points connected in the order listed by
straight lines unless otherwise noted:

Point

Latitude

Longitude

Note

A

( 1)

67°00′ W

B

( 2)

67°00′ W

( 3)

C

42°20′ N

( 4)

( 3)

D

42°20′ N

70°00′ W

E

( 5)

70°00′ W

( 6)

A

( 1)

67°00′ W

( 6)

1

The intersection of 67°00′ W longitude and the southern coast of Maine.

2

The intersection of 67°00′ W longitude and the U.S.-Canada Maritime Boundary.

3

From POINT B to POINT C along the U.S.-Canada Maritime Boundary.

4

The intersection of 42°20′ N latitude and the U.S.-Canada Maritime Boundary.

5

The intersection of 70°00′ W longitude and the northeast-facing shoreline of Cape Cod,
Massachusetts.
6

From POINT E back to POINT A along the coastline of the United States.

(6) Georges Bank Modified Haddock Stock Area. The Georges Bank Modified Haddock Stock Area is
composed of Greater Atlantic Region Statistical Areas #521, #522, #525, #526, #561, and #562, and
is defined by the following points connected in the order listed by straight lines unless otherwise
noted:

Point
A

Latitude
42°20′ N

Longitude

Note

70°00′ W

1

The intersection of 42°20′ N latitude and the U.S.-Canada Maritime Boundary.

2

From POINT B to POINT C following the U.S.-Canada Maritime Boundary.

3

The intersection of 40°30′ N latitude and the U.S.-Canada Maritime Boundary.

4

From POINT F back to POINT A along 70°00′ W longitude and the coastlines of Nantucket Island and
mainland Cape Cod, Massachusetts, whichever is further east.

50 CFR 648.200(f)(6) (enhanced display)

page 553 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.200(f)(7)

Latitude

Longitude

Note

42°20′ N

1

( )

( )

C

40°30′ N

3

( )

( 2)

D

40°30′ N

66°40′ W

E

39°50′ N

66°40′ W

F

39°50′ N

70°00′ W

( 4)

A

42°20′ N

70°00′ W

( 4)

B

2

1

The intersection of 42°20′ N latitude and the U.S.-Canada Maritime Boundary.

2

From POINT B to POINT C following the U.S.-Canada Maritime Boundary.

3

The intersection of 40°30′ N latitude and the U.S.-Canada Maritime Boundary.

4

From POINT F back to POINT A along 70°00′ W longitude and the coastlines of Nantucket Island and
mainland Cape Cod, Massachusetts, whichever is further east.

(7) River herring and shad catch cap areas —
(i)

Gulf of Maine Catch Cap Area. The Gulf of Maine Catch Cap Area is composed of the portions of
Greater Atlantic Region Statistical Areas #464, #465, #467, #511, #512, #513, #514, and #515
in U.S. waters. The Gulf of Maine Catch Cap Area is bounded on the west by the coastline of the
United States, bounded on the east by the U.S.-Canada Maritime Boundary, and bounded on the
south by the following coordinates connected by straight lines in the order listed:

Point

Latitude

Longitude

A

( 1)

70°00′ W

B

42°20′ N

70°00′ W

1

The intersection of 70°00′ W longitude and the northwest facing shoreline of Cape Cod,
Massachusetts
2

The intersection of 42°00′ N latitude and the U.S.-Canada Maritime Boundary.

50 CFR 648.200(f)(7)(i) (enhanced display)

page 554 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.200(f)(7)(ii)

Latitude

C

Longitude
2

42°20′ N

( )

1

The intersection of 70°00′ W longitude and the northwest facing shoreline of Cape Cod,
Massachusetts
2

The intersection of 42°00′ N latitude and the U.S.-Canada Maritime Boundary.

(ii) Cape Cod Catch Cap Area. The Cape Cod Catch Cap Area is composed of Greater Atlantic
Region Statistical Area #521, and is defined by the following points connected in the order
listed by straight lines unless otherwise noted:

Point

Latitude

Longitude

Note

A

( 1)

70°00′ W

B

42°20′ N

70°00′ W

C

42°20′ N

68°50′ W

D

41°00′ N

68°50′ W

E

41°00′ N

69°30′ W

F

41°10′ N

69°30′ W

G

41°10′ N

69°50′ W

H

41°20′ N

69°50′ W

I

41°20′ N

( 2)

( 3)

J

( 4)

70°00′ W

( 3)

K

( 5)

70°00′ W

( 6)

1

The intersection of 70°00′ W longitude and the northeast-facing shoreline of Cape Cod,
Massachusetts
2

The intersection of 41°20′ N latitude and the northeast-facing shoreline of Nantucket Island.

3

From Point I to Point J along the northeast-facing shoreline of Nantucket Island.

4

The intersection of 70°00′ W longitude and the northeast-facing shoreline of Nantucket Island.

5

The intersection of 70°00′ W longitude and the south-facing shoreline of mainland Cape Cod,
Massachusetts.
6

From Point K back to Point A along the east-facing shoreline of Cape Cod, Massachusetts.

50 CFR 648.200(f)(7)(ii) (enhanced display)

page 555 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

Latitude
1

A

50 CFR 648.200(f)(7)(iii)

( )

Longitude

Note
6

70°00′ W

( )

1

The intersection of 70°00′ W longitude and the northeast-facing shoreline of Cape Cod,
Massachusetts
2

The intersection of 41°20′ N latitude and the northeast-facing shoreline of Nantucket Island.

3

From Point I to Point J along the northeast-facing shoreline of Nantucket Island.

4

The intersection of 70°00′ W longitude and the northeast-facing shoreline of Nantucket Island.

5

The intersection of 70°00′ W longitude and the south-facing shoreline of mainland Cape Cod,
Massachusetts.
6

From Point K back to Point A along the east-facing shoreline of Cape Cod, Massachusetts.

(iii) Georges Bank Catch Cap Area. The Georges Bank Catch Cap Area is composed of the portions
of Greater Atlantic Region Statistical Areas #522, #525, #526, #541, #542, #543, #561, #562,
and #640 in U.S. waters, and is defined by the following points, connected in the order listed by
straight lines unless otherwise noted:

Point

Latitude

Longitude

Note

A

( 1)

70°00′ W

B

( 2)

70°00′ W

( 3)

C

41°20′ N

( 4)

( 3)

D

41°20′ N

69°50′ W

E

41°10′ N

69°50′ W

F

41°10′ N

69°30′ W

G

41°00′ N

69°30′ W

H

41°00′ N

68°50′ W

I

42°20′ N

68°50′ W

J

42°20′ N

( 5)

( 6)

A

( 1)

70°00′ W

( 6)

1

The intersection of 70°00′ W longitude and the outer limit of the U.S. Exclusive Economic Zone.

2

The intersection of 70°00′ W longitude and the south-facing shoreline of Nantucket Island.

3

From Point B to Point C along the south- and east-facing shorelines of Nantucket Island.

4

The intersection of 41°20′ N latitude and the northeast-facing shoreline of Nantucket Island.

5

The intersection of 42°20′ N latitude and the U.S.-Canada Maritime Boundary.

6

From Point J back to Point A along the U.S.-Canada Maritime Boundary and the outer limit of the U.S.
Exclusive Economic Zone.

(iv) Southern New England/Mid-Atlantic Catch Cap Area. The coordinates of this area are the same
as Management Area 2 (South Coastal Area), as specified in paragraph (f)(2) of this section.
50 CFR 648.200(f)(7)(iv) (enhanced display)

page 556 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.200(f)(8)

(8) River herring and shad catch cap closure areas—
(i)

Gulf of Maine Catch Cap Closure Area. The coordinates of this area are the same as the Gulf of
Maine Catch Cap Area, as specified in paragraph (f)(7)(i) of this section.

(ii) Cape Cod Catch Cap Closure Area. The coordinates of this area are the same as the Cape Cod
Catch Cap Area, as specified in paragraph (f)(7)(ii) of this section.
(iii) Georges Bank Catch Cap Closure Area. The coordinates of this area are the same as the
Georges Bank Catch Cap Area, as specified in paragraph (f)(7)(iii) of this section.
(iv) Southern New England/Mid-Atlantic Catch Cap Closure Area. The Southern New England/MidAtlantic Catch Cap Closure Area is composed of the portions of Greater Atlantic Region
Statistical Areas #537, #538, #539, #611, #612, #613, #614, #615, #616, #621, #622, #623,
#625, #626, #627, #631, #632, #635, and #636 in US waters, and is defined by the following
coordinates, connected by straight lines in the order listed unless otherwise noted:

Point

Latitude

Longitude

Note

A

35°00′ N

( 1)

B

35°00′ N

74°00′ W

C

37°00′ N

74°00′ W

D

37°00′ N

73°00′ W

E

38°00′ N

73°00′ W

F

38°00′ N

72°00′ W

G

39°00′ N

72°00′ W

H

39°00′ N

71°40′ W

I

39°50′ N

71°40′ W

J

39°50′ N

70°00′ W

K

( 2)

70°00′ W

( 3)

A

35°00′ N

( 1)

( 3)

1

The intersection of 35°00′ N latitude and the mainland shoreline of North Carolina.

2

The intersection of 70°00′ W longitude and the south-facing shoreline of mainland Cape Cod,
Massachusetts.
3

From Point K back to Point A along the mainland shoreline of the United States.

(g) All aspects of the following measures can be modified through the specifications process:
(1) AMs;
(2) Possession limits;
(3) River Herring Monitoring/Avoidance Areas; and
(4) River herring and shad catch caps.

50 CFR 648.200(g)(4) (enhanced display)

page 557 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.201

[72 FR 11277, Mar. 12, 2007, as amended at 73 FR 4757, Jan. 28, 2008; 76 FR 11379, Mar. 2, 2011; 76 FR 81850, Dec. 29, 2011; 79
FR 8815, Feb. 13, 2014; 79 FR 71968, Dec. 4, 2014; 80 FR 37197, June 30, 2015; 81 FR 19054, Apr. 4, 2016; 85 FR 26885, May 6,
2020; 86 FR 1825, Jan. 11, 2021]

§ 648.201 AMs and harvest controls.
(a) AMs —
(1) Herring sub-ACLs and ACL —
(i)

Possession Limit Adjustments —
(A) Areas 1A and 1B Possession Limit Adjustment. If NMFS projects that catch from Area 1A
or 1B will reach 92 percent of the annual sub-ACL allocated to Area 1A or Area 1B, before
the end of the fishing year, or 92 percent of the Area 1A sub-ACL allocated to the seasonal
period as set forth in paragraph (d) of this section, beginning the date the catch is
projected to reach 92 percent of the sub-ACL, vessels may not attempt or do any of the
following: Fish for, possess, transfer, receive, land, or sell more than 2,000 lb (907.2 kg) of
Atlantic herring per trip in or from the applicable area, and from landing herring more than
once per calendar day, except as provided in paragraphs (b) and (c) of this section. NMFS
shall implement these restrictions in accordance with the APA.
(B) Areas 2 and 3 —
(1) Possession Limit Adjustment—Phase 1. If NMFS projects that catch from Area 2 or
Area 3 will reach 90 percent of the annual sub-ACL allocated to Area 2 or Area 3
before the end of the fishing year, beginning the date the catch is projected to reach
90 percent of the applicable sub-ACL, vessels may not attempt or do any of the
following: Fish for, possess, transfer, receive, land, or sell more than 40,000 lb
(18,143.7 kg) of Atlantic herring per trip in or from the applicable area, and from
landing herring more than once per calendar day, except as provided in paragraphs
(b) and (c) of this section. Based on catch projections in relation to the amount of
catch available between the applicable 90 percent (Phase 1) and 98 percent (Phase
2) sub-ACL adjustment thresholds, NMFS may bypass implementing this Phase 1,
40,000-lb (18,143.7-kg) possession limit and instead implement the Phase 2, 2,000-lb
(907.2-kg) possession limit described at § 648.201(a)(1)(i)(B)(2) as warranted to
avoid impracticable transitions from Phase 1 to Phase 2 thresholds, avoid overages,
or reduce the risk of exceeding the ABC. NMFS shall implement these restrictions in
accordance with the APA.
(2) Possession Limit Adjustment—Phase 2. If NMFS projects that catch will reach 98
percent of the annual sub-ACL allocated to Area 2 or Area 3 before the end of the
fishing year, beginning the date the catch is projected to reach 98 percent of the subACL, vessels may not attempt or do any of the following: Fish for, possess, transfer,
receive, land, or sell more than 2,000 lb (907.2 kg) of Atlantic herring per trip in the
applicable area, and from landing herring more than once per calendar day, except as
provided in paragraphs (b) and (c) of this section. Based on catch projections, NMFS
may implement this Phase 2, 2,000-lb (907.2-kg) possession limit without first
implementing the Phase 1, 40,000-lb (18,143.7-kg) possession limit described at §

50 CFR 648.201(a)(1)(i)(B)(2) (enhanced display)

page 558 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.201(a)(1)(ii)

648.201(a)(1)(i)(B)(1) as warranted to avoid impracticable transitions from Phase 1
to Phase 2 thresholds, avoid overages, or reduce the risk of exceeding the ABC.
NMFS shall implement these restrictions in accordance with the APA.
(ii) Herring fishery closure. If NMFS projects that catch will reach 95 percent of the ACL before the
end of the fishing year, beginning the date the catch is projected to reach 95 percent of the ACL,
vessels may not attempt or do any of the following: Fish for, possess, transfer, receive, land, or
sell more than 2,000 lb (907.2 kg) of Atlantic herring per trip in all herring management areas,
and from landing herring more than once per calendar day, except as provided in paragraphs (b)
and (c) of this section. NMFS shall implement these restrictions in accordance with the APA.
(2) When the Regional Administrator has determined that the GOM and/or GB incidental catch cap for
haddock in § 648.90(a)(4)(iii)(D) has been caught, no vessel issued a Federal Atlantic herring permit
and fishing with midwater trawl gear in the applicable Accountability Measure (AM) Area, i.e., the
Herring GOM Haddock AM Area or Herring GB Haddock AM Area, as defined in §
648.86(a)(3)(ii)(A)(2) and (3) of this part, may fish for, possess, transfer, receive, land, or sell herring
in excess of 2,000 lb (907.2 kg) per trip in or from the applicable AM Area, and from landing herring
more than once per calendar day, unless all herring possessed and landed by a vessel were caught
outside the applicable AM Area and the vessel's gear is not available for immediate use as defined in
§ 648.2 while transiting the applicable AM Area. Upon this determination, the haddock possession
limit is reduced to 0 lb (0 kg) in the applicable AM area 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 Northeast multispecies permit and is operating on a declared
(consistent with § 648.10(g)) Northeast multispecies trip.
(3) ACL and sub-ACL overage deductions.
(i)

If NMFS determines that total catch exceeded an Atlantic herring sub-ACL by 10 percent or less
and the ACL was not exceeded in a given fishing year, then NMFS shall not deduct any amount
of the overage from the applicable sub-ACL or ACL in the fishing year following total catch
determination.

(ii) If NMFS determines that total catch exceeded an Atlantic herring sub-ACL by greater than 10
percent and the ACL was not exceeded in a given fishing year, then NMFS shall subtract the
amount of the overage above 10 percent from the ACL and applicable sub-ACL in the fishing
year following total catch determination. For example, if catch exceeded the Area 1A sub-ACL
by 15 percent in Year 1 and the ACL was not exceeded, the amount equal to the 5 percent
overage would be deducted from the ACL and Area 1A sub-ACL in Year 3.
(iii) If NMFS determines that total catch exceeded an Atlantic herring sub-ACL by any amount and
the ACL was also exceeded in a given fishing year, then NMFS shall subtract the full amount of
the sub-ACL overage from the applicable sub-ACL, and the full amount of the ACL overage from
the ACL, in the fishing year following total catch determination. For example, if catch exceeded
the Area 1A sub-ACL by 15 percent and the ACL by 5 percent in Year 1, the amount equal to the
15-percent overage would be deducted from the Area 1A sub-ACL and the amount equal to the
5-percent overage would be deducted from the ACL in Year 3.

50 CFR 648.201(a)(3)(iii) (enhanced display)

page 559 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.201(a)(3)(iv)

(iv) If NMFS determines that total catch exceeded the Atlantic herring ACL and no herring sub-ACLs
were exceeded in a given fishing year, then NMFS shall subtract the full amount of the overage
from the ACL in the fishing year following total catch determination. For example, if catch
exceeded the herring ACL by 2 percent in Year 1, the amount equal to the 2-percent overage
would be deducted from the ACL in Year 3, and no sub-ACLs would be reduced.
(v) NMFS shall make overage determinations and implement any changes to ACLs or sub-ACLs,
through notification in the FEDERAL REGISTER, and if possible, prior to the start of the fishing year
during which the reduction would occur.
(4) River herring and shad catch cap.
(i)

The catch from all trips that land more than 6,600 lb (3 mt) of herring shall apply to the river
herring and shad catch cap in the herring fishery. Caps by gear and by area shall be established
through the specifications process described in § 648.201.

(ii) Beginning on the date that NMFS projects that river herring and shad catch will reach 95
percent of a catch cap for specified gear applicable to an area specified in § 648.200(f)(7) for
the remainder of the fishing year, vessels may not attempt or do any of the following: Fish for,
possess, transfer, receive, land, or sell more than 2,000 lb (907.2 kg) of Atlantic herring per trip
using the applicable gear in the applicable catch cap closure area, specified in § 648.200(f)(8),
and from landing herring more than once per calendar day, except as provided in paragraphs (b)
and (c) of this section. NMFS shall implement these restrictions in accordance with the APA.
(b) A vessel may transit an area that is limited to the 2,000-lb (907.2-kg) limit or 40,000-lb (18,143.7-kg) limit
specified in paragraph (a) of this section with greater than 2,000 lb (907.2 kg) or greater than 40,000 lb
(18,143.7 kg) of herring on board, provided such herring were caught in an area or areas not subject to the
2,000-lb (907.2-kg) limit or 40,000-lb (18,143.7-kg) limit specified in paragraph (a) of this section, and that
all fishing gear is stowed and not available for immediate use as defined in § 648.2, and provided the
vessel is issued a vessel permit appropriate to the amount of herring on board and the area where the
herring was harvested.
(c) A vessel may land an area that is limited to the 2,000-lb (907.2-kg) limit or 40,000-lb (18,143.7-kg) limit
specified in paragraph (a) of this section with greater than 2,000 lb (907.2 kg) or greater than 40,000 lb
(18,143.7 kg) of herring on board, provided such herring were caught in an area or areas not subject to the
2,000-lb (907.2-kg) limit or 40,000-lb (18,143.7-kg) limit specified in paragraph (a) of this section, and that
all fishing gear is stowed and not available for immediate use as defined in § 648.2, and provided the
vessel is issued a vessel permit appropriate to the amount of herring on board and the area where the
herring was harvested.
(d) Seasonal sub-ACL periods. The sub-ACL for each herring management area may be divided into seasonal
periods by month. Seasonal sub-ACLs for herring management areas, including the specification of the
seasonal periods, shall be set through the annual specification process described at § 648.200. The
seasonal allocation of sub-ACLs are as follows:
(1) Area 1A: Zero percent available for harvest during January-May; 100 percent available for harvest
during June-December.
(2) Area 1B: 100 percent available for harvest during January-December.
(3) Area 2: 100 percent available for harvest during January-December.
(4) Area 3: 100 percent available for harvest during January-December.
50 CFR 648.201(d)(4) (enhanced display)

page 560 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.201(e)

(e) A vessel may transit an area that has zero percent sub-ACL available for harvest specified in paragraph (d)
of this section with herring on board, provided such herring were caught in an area or areas with sub-ACL
available specified in paragraph (d) of this section, that all fishing gear is stowed and not available for
immediate use as defined in § 648.2, and the vessel is issued a permit that authorizes the amount of
herring on board for the area where the herring was harvested.
(f) Up to 500 mt of the Area 1A sub-ACL shall be allocated for the fixed gear fisheries in Area 1A (weirs and
stop seines) that occur west of 67°16.8′ W. long (Cutler, Maine). This set-aside shall be available for
harvest by fixed gear within the specified area until November 1 of each fishing year. Any portion of this
allocation that has not been utilized by November 1 shall be restored to the sub-ACL allocation for Area
1A.
(g) Carryover.
(1) Subject to the conditions described in this paragraph (g), unharvested catch in a herring
management area in a fishing year (up to 10 percent of that area's sub-ACL) shall be carried over and
added to the sub-ACL for that herring management area for the fishing year following the year when
total catch is determined. For example, NMFS will determine total catch from Year 1 during Year 2,
and will add carryover to the applicable sub-ACL(s) in Year 3. All such carryover shall be based on
the herring management area's initial sub-ACL allocation for Year 1, not the sub-ACL for Year 1 as
increased by carryover or decreased by an overage deduction, as specified in paragraph (a)(3) of this
section. All herring caught from a herring management area shall count against that area's sub-ACL,
as increased by carryover. For example, if 100 mt of herring is added as carryover from Year 1 to a
5,000 mt sub-ACL in Year 3, catch in that management area would be tracked against a total subACL of 5,100 mt. NMFS shall add sub-ACL carryover only if catch does not exceed the Year 1 ACL,
specified consistent with § 648.200(b)(3). The ACL, consistent with § 648.200(b)(3), shall not be
increased by carryover specified in this paragraph (g).
(2) [Reserved]
(h) If NMFS determines that the New Brunswick weir fishery landed less than 2,722 mt of herring through
October 1, NMFS will subtract 1,000 mt from management uncertainty and reallocate that 1,000 mt to the
ACL and Area 1A sub-ACL. NMFS will notify the Council of this adjustment and publish the adjustment in
the FEDERAL REGISTER.
[76 FR 11380, Mar. 2, 2011, as amended at 76 FR 56999, Sept. 15, 2011; 78 FR 26169, May 3, 2013; 78 FR 61837, Oct. 4, 2013; 79
FR 52580, Sept. 4, 2014; 79 FR 71971, Dec. 4, 2014; 81 FR 19054, Apr. 4, 2016; 81 FR 75739, Nov. 1, 2016; 85 FR 26886, May 6,
2020; 86 FR 17085, Apr. 1, 2021; 87 FR 42967, July 19, 2022; 88 FR 17402, Mar. 23, 2023]

§ 648.202 Season and area restrictions.
(a) Midwater Trawl Restricted Areas.
(1) Area 1A. Federally permitted vessels fishing may not use, deploy, or fish with midwater trawl gear in
Area 1A from June 1 September 30 of each fishing year. A vessel with midwater trawl gear on board
may transit Area 1A from June 1-September 30, provided such midwater trawl gear is stowed and
not available for immediate use as defined in § 648.2. Vessels may use any authorized gear type to
harvest herring in Area 1A from October 1-May 31.
(2) [Reserved]
(b) Fishing in Northeast Multispecies Closed Areas.
50 CFR 648.202(b) (enhanced display)

page 561 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.202(b)(1)

(1) No vessel issued an Atlantic herring permit and fishing with midwater trawl gear, may fish for,
possess or land fish in or from the Closed Areas, including Cashes Ledge Closure Area, Western
GOM Closure Area, Closed Area I North (February 1-April 15), and Closed Area II, as defined in §
648.81(a)(3), (4), and (5) and (c)(3) and (4), respectively, unless it has declared first its intent to fish
in the Closed Areas as required by § 648.11(m)(1), and is carrying onboard an observer.
(2) No vessel issued an Atlantic herring permit and fishing with midwater trawl gear, when fishing any
part of a midwater trawl tow in the Closed Areas, may slip or operationally discard catch, as defined
at § 648.2, except in the following circumstances:
(i)

The vessel operator has determined, and the preponderance of available evidence indicates
that, there is a compelling safety reason; or

(ii) A mechanical failure, including gear damage, precludes bringing some or all of the catch on
board the vessel for inspection; or,
(iii) The vessel operator determines that pumping becomes impossible as a result of spiny dogfish
clogging the pump intake. The vessel operator shall take reasonable measures, such as
strapping and splitting the net, to remove all fish which can be pumped from the net prior to
release.
(3) Vessels may make test tows without pumping catch on board if the net is re-set without releasing its
contents provided that all catch from test tows is available to the observer to sample when the next
tow is brought on board.
(4) If catch is slipped or operational discarded by a vessel, the vessel operator must:
(i)

Stop fishing and immediately exit the Closed Areas. Once the vessel has exited the Closed
Areas, it may continue to fish, but may not fish inside the Closed Areas for the remainder of that
trip.

(ii) Complete and sign a Released Catch Affidavit detailing: The vessel name and permit number;
the VTR serial number; where, when, and for what reason the catch was released; the estimated
weight of each species brought on board or released on that tow. A completed affidavit must be
submitted to NMFS within 48 hr of the end of the trip.
(iii) Report slippage events on the Atlantic herring daily VMS catch report and indicate the reason
for slipping catch if the vessel was issued a limited access herring permit.
(iv) Comply with the measures to address slippage specified in § 648.11(m)(7)(iv) through (vi) if the
vessel was issued a Category A or B Herring Permit.
[72 FR 11277, Mar. 12, 2007, as amended at 79 FR 8816, Feb. 13, 2014; 79 FR 52580, Sept. 4, 2014; 81 FR 19054, Apr. 4, 2016; 83
FR 15275, Apr. 9, 2018; 85 FR 7442, Feb. 7, 2020; 85 FR 26886, May 6, 2020; 86 FR 1825, Jan. 11, 2021; 86 FR 17086, Apr. 1, 2021;
87 FR 75890, Dec. 9, 2022; 88 FR 17402, Mar. 23, 2023]

§ 648.203 Gear restrictions.
(a) Midwater trawl gear may only be used by a vessel issued a valid herring permit in the GOM/GB Exemption
Area as defined in § 648.80(a)(17), provided it complies with the midwater trawl gear exemption
requirements specified under the NE multispecies regulations at § 648.80(d), including issuance of a
Letter of Authorization.

50 CFR 648.203(a) (enhanced display)

page 562 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.203(b)

(b) Purse seine gear may only be used by a vessel issued a valid herring permit in the GOM/GB Exemption
Area as defined in § 648.80(a)(17), provided it complies with the purse seine exemption requirements
specified under the NE multispecies requirements at § 648.80(e), including issuance of a Letter of
Authorization.
[72 FR 11277, Mar. 12, 2007, as amended at 83 FR 15275, Apr. 9, 2018]

§ 648.204 Possession restrictions.
(a) A vessel must be issued and possess a valid limited access herring permit (i.e., Category A, B, or C) or
Category E Herring Permit (as defined in § 648.4(a)(10)(iv) and (v)) to fish for, possess, or land more than
6,600 lb (3 mt) of Atlantic herring from any herring management area in the EEZ. A vessel must abide by
any harvest restriction specified in § 648.201 that has been implemented.
(1) A vessel issued a Category A Herring Permit may fish for, possess, or land Atlantic herring with no
possession restriction from any of the herring management areas defined in § 648.200(f), provided
none of the accountability measures or harvest restrictions specified in § 648.201 have been
implemented.
(2) A vessel issued only a Category B Herring Permit may fish for, possess, or land Atlantic herring with
no possession restriction only from Area 2 or Area 3, as defined in § 648.200(f), provided none of the
accountability measures or harvest restrictions specified in § 648.201 have been implemented. Such
a vessel may fish in Area 1 only if issued a Category C or D Herring Permit, and only as authorized by
the respective permit.
(3) A vessel issued a Category C Herring Permit may fish for, possess, or land up to, but no more than,
55,000 lb (25 mt) of Atlantic herring in any calendar day, and is limited to one landing of herring per
calendar day, from any management area defined in § 648.200(f), provided none of the
accountability measures or harvest restrictions specified in § 648.201 have been implemented.
(4) A vessel issued a Category D Herring Permit may fish for, possess, or land up to, but no more than,
6,600 lb (3 mt) of Atlantic herring from any herring management area per trip, and is limited to one
landing of herring per calendar day, provided none of the accountability measures or harvest
restrictions specified in § 648.201 have been implemented.
(5) A vessel issued a Category E Herring Permit may fish for, possess, or land up to, but no more than,
20,000 lb (9 mt) of Atlantic herring from only Area 2 or Area 3, as defined in § 648.200(f), per trip,
and is limited to one landing of herring per calendar day, provided none of the accountability
measures or harvest restrictions specified in § 648.201 have been implemented.
(6) A vessel issued a herring permit may possess herring roe provided that the carcasses of the herring
from which it came are not discarded at sea.
(b) Each vessel working cooperatively in the herring fishery, including vessels pair trawling, purse seining, and
transferring herring at-sea, must be issued a valid herring permit to fish for, possess, or land Atlantic
herring and are subject to the most restrictive herring possession limit associated with the permits issued
to vessels working cooperatively.
[72 FR 11277, Mar. 12, 2007, as amended at 76 FR 11380, Mar. 2, 2011; 79 FR 8816, Feb. 13, 2014; 79 FR 71972, Dec. 4, 2014; 85
FR 26886, May 6, 2020]

50 CFR 648.204(b) (enhanced display)

page 563 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.205

§ 648.205 VMS requirements.
The owner or operator any vessel issued a limited access herring permit (i.e., Category A, B, or C) or Category E
Herring Permit, with the exception of fixed gear fishermen, must install and operate a VMS unit consistent with the
requirements of § 648.9. The VMS unit must be installed on board, and must be operable before the vessel may
begin fishing. Atlantic herring carrier vessels are not required to have VMS (See § 648.10(m) for VMS notification
requirements.).
[85 FR 26886, May 6, 2020]

§ 648.206 Framework provisions.
(a) Framework adjustment process. In response to the triennial review, or at any other time, the Council may
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 Atlantic Herring FMP, or to address gear conflicts as
defined under § 600.10 of this chapter.
(1) Adjustment process. After a management action has been initiated, the Council shall develop and
analyze appropriate management measures over the span of at least two Council meetings. The
Council may delegate authority to the Herring Oversight Committee to conduct an initial review of
the options being considered. The Oversight Committee shall review the options and relevant
information, consider public comment, and make a recommendation to the Council.
(2) After the first framework meeting, the Council may refer the issue back to the Herring Oversight
Committee for further consideration, make adjustments to the measures that were proposed, or
approve of the measures and begin developing the necessary documents to support the framework
adjustments. If the Council approves the proposed framework adjustments, the Council shall
identify, at this meeting, a preferred alternative and/or identify the possible alternatives.
(3) A framework document shall be prepared that discusses and shows the impacts of the alternatives.
It shall be available to the public prior to the second or final framework meeting.
(4) After developing management actions and receiving public testimony, the Council shall make a
recommendation to NMFS. The Council's recommendation must include supporting rationale and, if
changes to the management measures are recommended, an analysis of impacts and a
recommendation to NMFS on whether to issue the management measures as a final rule. 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 or to impose management
measures to resolve gear conflicts.

50 CFR 648.206(a)(4)(iii) (enhanced display)

page 564 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.206(a)(4)(iv)

(iv) Whether there will be a continuing evaluation of management measures adopted following their
implementation as a final rule.
(5) If the Council's recommendation to NMFS includes adjustments or additions to management
measures, after reviewing the Council's recommendation and supporting information NMFS may:
(i)

Concur with the Council's recommended management measures and determine that the
recommended management measures should be published as a final rule in the FEDERAL
REGISTER based on the factors specified in paragraphs (c)(4)(i)-(iv) of this section.

(ii) Concur with the Council's recommendation and determine that the recommended management
measures should be first published as a proposed rule in the FEDERAL REGISTER. After additional
public comment, if NMFS concurs with the Council's recommendation, the measures shall be
issued as a final rule in the FEDERAL REGISTER.
(iii) If NMFS does not concur, the Council shall be notified in writing of the reasons for the nonconcurrence.
(b) Possible framework adjustment measures. Measures that may be changed or implemented through
framework action include:
(1) Management area boundaries or additional management areas;
(2) Size, timing, or location of new or existing spawning area closures;
(3) Closed areas, including midwater trawl restricted areas, other than spawning closures;
(4) Restrictions in the amount of fishing time;
(5) A days-at-sea system;
(6) Adjustments to specifications;
(7) Adjustments to the Canadian catch deducted when determining specifications;
(8) Distribution of the ACL;
(9) Gear restrictions (such as mesh size, etc.) or requirements (such as bycatch-reduction devices, etc.);
(10) Vessel size or horsepower restrictions;
(11) Closed seasons;
(12) Minimum fish size;
(13) Trip limits;
(14) Seasonal, area, or industry sector quotas;
(15) Measures to describe and identify essential fish habitat (EFH), fishing gear management measures
to protect EFH, and designation of habitat areas of particular concern within EFH;
(16) Measures to facilitate aquaculture, such as minimum fish sizes, gear restrictions, minimum mesh
sizes, possession limits, tagging requirements, monitoring requirements, reporting requirements,
permit restrictions, area closures, establishment of special management areas or zones, and any
other measures included in the FMP;
(17) Changes to the overfishing definition;
50 CFR 648.206(b)(17) (enhanced display)

page 565 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.206(b)(18)

(18) Vessel monitoring system requirements;
(19) Limits or restrictions on the harvest of herring for specific uses;
(20) Quota monitoring tools, such as vessel, operator, or dealer reporting requirements;
(21) Permit and vessel upgrading restrictions;
(22) Implementation of measures to reduce gear conflicts, such as mandatory monitoring of a radio
channel by fishing vessels, gear location reporting by fixed gear fishermen, mandatory plotting of
gear by mobile fishermen, standards of operation when conflict occurs, fixed gear marking or setting
practices; gear restrictions for certain areas, vessel monitoring systems, restrictions on the
maximum number of fishing vessels, and special permitting conditions;
(23) Limited entry or controlled access system;
(24) Specification of the amount of herring to be used for roe
(25) In-season adjustments to ACLs;
(26) Measures to address bycatch and bycatch monitoring;
(27) Requirements for a herring processor survey;
(28) ACL set-aside amounts, provisions, adjustments;
(29) Changes, as appropriate, 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;
(30) AMs;
(31) Changes to vessel trip notification and declaration requirements;
(32) Adjustments to measures to address slippage, including sampling requirements;
(33) River Herring Monitoring/Avoidance Areas;
(34) Provisions for river herring catch avoidance program, including adjustments to the mechanism and
process for tracking fleet activity, reporting catch events, compiling data, and notifying the fleet of
changes to the area(s); the definition/duration of `test tows,' if test tows would be utilized to
determine the extent of river herring catch in a particular area(s); the threshold for river herring catch
that would trigger the need for vessels to be alerted and move out of the area(s); the distance that
vessels would be required to move from the area(s); and the time that vessels would be required to
remain out of the area(s).
(35) Changes to criteria/provisions for access to Northeast Multispecies Closed Areas;
(36) River herring and shad catch caps, including species-specific caps, and vessels, permits, trips, gears,
and areas to which caps apply;
(37) River herring and shad Catch Cap Areas and Catch Cap Closure Areas;
(38) Modifications to the ABC control rule, including, but not limited to, control rule parameters, if a
quantitative stock assessment is not available, if the projections are producing ABCs that are not
justified or consistent with available information, or if the stock requires a rebuilding program; and
(39) Any other measure currently included in the FMP.
50 CFR 648.206(b)(39) (enhanced display)

page 566 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.206(c)

(c) Emergency action. Nothing in this section is meant to derogate from the authority of the Secretary to take
emergency action under section 305(e) of the Magnuson-Stevens Act.
[72 FR 11277, Mar. 12, 2007, as amended at 73 FR 4757, Jan. 28, 2008; 76 FR 11380, Mar. 2, 2011; 76 FR 81850, Dec. 29, 2011; 79
FR 8817, Feb. 13, 2014; 79 FR 71972, Dec. 4, 2014; 80 FR 37197, June 30, 2015; 86 FR 1825, Jan. 11, 2021]

§ 648.207 Herring Research Set-Aside (RSA).
(a) NMFS shall publish a Request for Proposals (RFP) in the FEDERAL REGISTER, consistent with procedures and
requirements established by NMFS, to solicit proposals from industry for the upcoming 3 fishing years,
based on research priorities identified by the Council.
(b) Proposals submitted in response to the RFP must include the following information, as well as any other
specific information required within the RFP: A project summary that includes the project goals and
objectives, the relationship of the proposed research to herring research priorities and/or management
needs, project design, participants other than the applicant, funding needs, breakdown of costs, and the
vessel(s) for which authorization is requested to conduct research activities.
(c) NMFS shall convene a review panel, including technical experts, to review proposals submitted in
response to the RFP. Each panel member shall recommend which research proposals should be
authorized to utilize RSA, based on the selection criteria described in the RFP.
(d) NMFS shall consider each panel member's recommendation, provide final approval of the projects and the
Regional Administrator may, when appropriate, exempt selected vessel(s) from regulations specified in
each of the respective FMPs through written notification to the project proponent.
(e) The grant awards approved under the RFPs shall be for the upcoming 3 fishing years, unless the Council
identifies new/different research priorities during the interim years and decides to publish a second RFP.
Proposals to fund research that would start prior to, or that would end after the fishing year, are not
eligible for consideration. The RSA must be utilized in the same fishing year in which it was distributed
(i.e., RSA and compensation trips cannot be rolled over into future years). However, the money generated
from the RSA may be rolled over into, or used to fund research in future years, consistent with the multiyear proposal.
(f) Whenever possible, research proposals shall be reviewed and approved prior to the publication of final
quota specifications for the upcoming fishing years. In the event that the approved proposals do not make
use of any or all of the set-asides, the unutilized portion of the set-aside shall be reallocated back to its
respective management area(s) when the final specifications are published. If there is unutilized set-aside
available, NMFS, at the request of the Council, could publish another RFP for either the second or third
years of the 3-year specifications. In this case, NMFS shall release the unutilized portion of the RSA back
to its respective management area(s) for the first year of the specifications and any other year that yields
unutilized set-aside after an additional RFP is published. The Council also may decide not to publish
another RFP, in which case NMFS may release the unutilized portion of the set-aside back to its respective
management area(s) for all 3 fishing years covered by the specifications.
(g) If a proposal is approved, but a final award is not made by NMFS, or if NMFS determines that the allocated
RSA cannot be utilized by a project, NMFS shall reallocate the unallocated or unused amount of the RSA
to the respective sub-ACL, in accordance with the APA, provided that the RSA can be available for harvest
before the end of the fishing year for which the RSA is specified.

50 CFR 648.207(g) (enhanced display)

page 567 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.207(h)

(h) Any RSA reallocated under paragraphs (f) and (g) of this section may not be used solely as compensation
for research.
(i)

Researchers may apply for the use of more than one herring RAS allocation for individual research
projects, and may request that the set-aside be collected separately from the research trip or as part of
the research trip. The research compensation trips do not necessarily have to be conducted by the same
vessel, but must be conducted in the management area from which the set-aside was derived.

(j)

No more than 50 percent of the allocated set-aside may be taken before the research begins. If a research
project is terminated for any reason prior to completion, any funds collected from the catch sold to pay
for research expenses must be refunded to U.S. Treasury.

(k) NMFS shall provide authorization of the research activities to specific vessels by letter of
acknowledgement, letter of authorization, or Exempted Fishing Permit issued by the Regional
Administrator, which must be kept on board the vessel.
(l)

Upon completion of herring research projects approved under this part, researchers must provide the
Council and NMFS with a report of research findings, which must include: A detailed description of
methods of data collection and analysis; a discussion of results and any relevant conclusions presented
in a format that is understandable to a non-technical audience; and a detailed final accounting of all funds
used to conduct the herring research.

[72 FR 11277, Mar. 12, 2007, as amended at 76 FR 11381, Mar. 2, 2011]

Subpart L—Management Measures for the Spiny Dogfish Fishery
Source: 65 FR 1570, Jan. 11, 2000, unless otherwise noted.

§ 648.230 Spiny dogfish Annual Catch Limits (ACLs).
(a) The Spiny Dogfish Monitoring Committee shall recommend to the Joint Spiny Dogfish Committee, an ACL
for the commercial spiny dogfish fishery, which shall equal to the domestic ABC (i.e., the ABC minus
Canadian catch) recommended by the SSC as specified in § 648.20.
(1) Periodicity. The spiny dogfish ACL may be established on an annual basis for up to 5 years at a time,
dependent on whether the SSC provides single or multiple-year ABC recommendations.
(2) [Reserved]
(b) Performance review. The Spiny Dogfish Monitoring Committee shall conduct a detailed review of fishery
performance relative to the ACL at least every 5 years.
(1) If an ACL is exceeded with a frequency greater than 25 percent (i.e., more than once in 4 years or any
2 consecutive years), the Spiny Dogfish Monitoring Committee will review fishery performance
information and make recommendations to the Councils for changes in measures intended to
ensure ACLs are not exceeded as frequently.
(2) The Councils may specify more frequent or more specific ACL performance review criteria as part of
a stock rebuilding plan following a determination that the spiny dogfish stock has become
overfished.

50 CFR 648.230(b)(2) (enhanced display)

page 568 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.230(b)(3)

(3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs
have been exceeded, but may be conducted in conjunction with such reviews.
[76 FR 60642, Sept. 29, 2011]

§ 648.231 Spiny dogfish Annual Catch Target (ACT) and Total Allowable Level of Landings (TAL).
(a) The Spiny Dogfish Monitoring Committee shall identify and review the relevant sources of management
uncertainty to recommend an ACT and a TAL for the fishery as part of the spiny dogfish specification
process specified in § 648.232. The Spiny Dogfish Monitoring Committee recommendations shall identify
the specific sources of management uncertainty that were considered, technical approaches to mitigating
these sources of uncertainty, domestic commercial and recreational discards, and any additional relevant
information considered in the ACT and TAL recommendation process.
(1) The ACT shall be identified as less than or equal to the ACL.
(2) The Spiny Dogfish Monitoring Committee shall recommend a TAL to the Joint Spiny Dogfish
Committee, which accounts for domestic commercial and recreational discards (ACT minus
domestic dead discards). The TAL is equivalent to the annual coastwide commercial quota.
(b) Periodicity. The TAL may be established on an annual basis for up to 5 years at a time, dependent on
whether the SSC provides single or multiple year ABC recommendations.
(c) Performance review. The Spiny Dogfish Monitoring Committee shall conduct a detailed review of fishery
performance relative to TALs in conjunction with any ACL performance review, as outlined in §
648.230(b).
[76 FR 60642, Sept. 29, 2011]

§ 648.232 Spiny dogfish specifications.
(a) Commercial quota and other specification measures. The Spiny Dogfish Monitoring Committee shall
recommend to the Joint Spiny Dogfish Committee a TAL (i.e., annual coastwide commercial quota) and
any other measures, including those in paragraphs (a)(1) through (8) of this section, that are necessary to
ensure that the commercial ACL will not be exceeded in any fishing year (May 1-April 30), for a period of
1-5 fishing years. If research quota is specified as described in paragraph (f) of this section, the effective
commercial quota will be those commercial landings available after the deduction for the research quota.
The measures that may be recommended include, but are not limited to:
(1) Minimum or maximum fish sizes;
(2) Seasons;
(3) Mesh size restrictions;
(4) Trip limits;
(5) Research quota set from a range of 0 to 3 percent of the commercial quota;
(6) Changes, as appropriate, 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;
(7) Other gear restrictions; and
50 CFR 648.232(a)(7) (enhanced display)

page 569 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.232(a)(8)

(8) Changes to AMs and ACT control rules.
(b) Joint Spiny Dogfish Committee recommendation. The Councils' Joint Spiny Dogfish Committee shall
review the recommendations of the Spiny Dogfish Monitoring Committee. Based on these
recommendations, requests for research quota, and any public comments, the Joint Spiny Dogfish
Committee shall recommend to the Councils a TAL, and possibly other measures, including those
specified in paragraphs (a)(1) through (8) of this section, necessary to ensure that the ACL specified in §
648.230 will not be exceeded in any fishing year (May 1-April 30), for a period of 1-5 fishing years.
(c) Council recommendations.
(1) The Councils shall review these recommendations and, based on the recommendations and any
public comments, recommend to the Regional Administrator a TAL and other measures necessary to
ensure that the ACL specified in § 648.230 will not be exceeded in any fishing year, for a period of
1-5 fishing years. The Councils' recommendations must include supporting documentation, as
appropriate, concerning the environmental, economic, and other impacts of the recommendations.
The Regional Administrator shall initiate a review of these recommendations and may modify the
recommended quota and other management measures to ensure that the ACL specified in §
648.230 will not be exceeded in any fishing year, for a period of 1-5 fishing years. The Regional
Administrator may modify the Councils' recommendations using any of the measures that were not
rejected by both Councils.
(2) After such review, NMFS shall publish a proposed rule in the FEDERAL REGISTER specifying a TAL,
adjustments to ACL, ACT, and TAL resulting from the accountability measures specified in §
648.233, and other measures necessary to ensure that the ACL will not be exceeded in any fishing
year, for a period of 1-5 fishing years. After considering public comments, NMFS shall publish a final
rule in the FEDERAL REGISTER to implement the TAL and other measures.
(3) If the annual specifications are not published in the FEDERAL REGISTER prior to the start of the fishing
year, the previous year's annual specifications will remain in effect. The previous year's
specifications will be replaced by the current year's specifications as of the effective date of the final
rule implementing the current year's specifications.
(d) [Reserved]
(e) Landings applied against the commercial quota. All spiny dogfish landed for a commercial purpose in the
states from Maine through Florida shall be applied against the annual coastwide commercial quota,
regardless of where the spiny dogfish were harvested.
(f) Research quota. See § 648.22(g).
[76 FR 60642, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 79 FR 41143, July 15, 2014; 80 FR 37197, June 30, 2015]

§ 648.233 Spiny dogfish Accountability Measures (AMs).
(a) Commercial EEZ closure. The Regional Administrator shall determine the date by which the annual
coastwide quota described in § 648.232 will be harvested and shall close the EEZ to fishing for spiny
dogfish on that date for the remainder of the fishing year by publishing notification in the FEDERAL
REGISTER. Upon the closure date, and for the remainder of the fishing year, no vessel may fish for or
possess spiny dogfish in the EEZ, nor may vessels issued a spiny dogfish permit under this part land
spiny dogfish, nor may dealers issued a Federal permit purchase spiny dogfish from vessels issued a
spiny dogfish permit under this part.
50 CFR 648.233(a) (enhanced display)

page 570 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.233(b)

(b) ACL overage evaluation. The ACL will be evaluated based on a single-year examination of total catch
(including both landings and dead discards) to determine if the ACL has been exceeded.
(c) Overage repayment. In the event that the ACL has been exceeded in a given fishing year, the exact amount
in pounds by which the ACL was exceeded shall be deducted, as soon as possible from a subsequent
single fishing year ACL.
[76 FR 60643, Sept. 29, 2011, as amended at 79 FR 41144, July 15, 2014]

§ 648.234 Gear restrictions.
(a) New Jersey Atlantic Sturgeon Bycatch Reduction Area —
(1) Area Definition: The New Jersey Dogfish and Monkfish Atlantic Sturgeon Bycatch Reduction Area is
defined by straight lines connecting the following points in the order stated:

TABLE 1 TO PARAGRAPH (a)
Point

N lat.

W long.

NJ1

40°24′

73°54′

NJ2

40°9′

73°24′

NJ3

39°30′

73°51′

NJ4

39°48′

74°12′

NJ1

40°24′

73°54′

(2) From May 1 through May 31 and November 1 through November 30 of each year, vessels issued a
Federal spiny dogfish permit must remove gillnet gear with a mesh size equal to or greater than 5
inches (12.7 cm) and less than 10 inches (25.4 cm) from within the New Jersey Atlantic Sturgeon
Bycatch Reduction Area from 8 p.m. eastern time each day through 5 a.m. eastern time the following
day.
(b) Delaware and Maryland Atlantic Sturgeon Bycatch Reduction Area —
(1) Area Definition: The Delaware and Maryland Atlantic Sturgeon Bycatch Reduction Area is defined by
straight lines connecting the following points in the order stated:

TABLE 2 TO PARAGRAPH (b)
Point

N lat.

W long.

DM1

38°27′

75°60′

DM2

38°21′

74°48′

50 CFR 648.234(b)(1) (enhanced display)

page 571 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.234(b)(2)

Point

N lat.

W long.

DM3

37°30′

75°12′

DM4

37°48′

75°30′

DM1

38°27′

75°60′

(2) Requirements: From November 1 through March 31 of each year, vessels issued a Federal spiny
dogfish permit must remove roundfish gillnets with a mesh size equal to or greater than 5.25 inches
(13.3 cm) and less than 10 inches (25.4 cm) from the water within the Delaware and Maryland
Atlantic Sturgeon Bycatch Reduction Area from 8 p.m. eastern time each day through 5 a.m. eastern
time the following day.
(c) Virginia Atlantic Sturgeon Bycatch Reduction Area —
(1) Area Definition: The Virginia Atlantic Sturgeon Bycatch Reduction Area is defined by straight lines
connecting the following points in the order stated:

TABLE 3 TO PARAGRAPH (c)
Point

N lat.

W long.

37°18′

75°54′

VA2

36°48′

75°36′

VA3

36°33′

75°51′

VA4

36°54′

76°6′

VA1

37°18′

75°54′

(2) Requirements: From November 1 through March 31 of each year, vessels issued a Federal spiny
dogfish permit must remove roundfish gillnets with a mesh size equal to or greater than 5.25 inches
(13.3 cm) and less than 10 inches (25.4 cm) from the water within the Virginia Atlantic Sturgeon
Bycatch Reduction Area from 8 p.m. eastern time each day through 5 a.m. eastern time in the
following day.
[89 FR 102839, Dec. 18, 2024]

§ 648.235 Spiny dogfish possession and landing restrictions.
(a) Possession limit. Vessels issued a valid Federal spiny dogfish permit under § 648.4(a)(11) may:
(1) Possess up to 7,500 lb (3,402 kg) of spiny dogfish per trip; and
(2) Land only one trip of spiny dogfish per calendar day.

50 CFR 648.235(a)(2) (enhanced display)

page 572 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.235(b)

(b) Regulations governing the harvest, possession, landing, purchase, and sale of shark fins are found at part
600, subpart N, of this chapter.
[76 FR 60643, Sept. 29, 2011, as amended at 78 FR 25864, May 3, 2013; 79 FR 41144, July 15, 2014; 79 FR 46378, Aug. 8, 2014; 81
FR 53960, Aug. 15, 2016; 87 FR 20350, Apr. 7, 2022]

§ 648.236 Special Management Zones. [Reserved]
§§ 648.237-648.238 [Reserved]
§ 648.239 Spiny dogfish framework adjustments to management measures.
(a) Within season management action. The Councils may, at any time, initiate action to add or adjust
management measures if they find that action is necessary to meet or be consistent with the goals and
objectives of the Spiny Dogfish FMP.
(1) Adjustment process. After the Councils initiate a management action, they shall develop and analyze
appropriate management actions over the span of at least two Council meetings. The Councils shall
provide the public with advance notice of the availability of both the proposals and the analysis for
comment prior to, and at, the second Council meeting. The Councils' recommendation on
adjustments or additions to management measures must come from one or more of the following
categories: Adjustments within existing ABC control rule levels; adjustments to the existing MAFMC
risk policy; introduction of new AMs, including sub-ACTs; minimum fish size; maximum fish size;
gear requirements, restrictions, or prohibitions (including, but not limited to, mesh size restrictions
and net limits); regional gear restrictions; permitting restrictions, and reporting requirements;
recreational fishery measures (including possession and size limits and season and area
restrictions); commercial season and area restrictions; commercial trip or possession limits; fin
weight to spiny dogfish landing weight restrictions; onboard observer requirements; commercial
quota system (including commercial quota allocation procedures and possible quota set-asides to
mitigate bycatch, conduct scientific research, or for other purposes); recreational harvest limit;
annual quota specification process; FMP Monitoring Committee composition and process;
description and identification of essential fish habitat; description and identification of habitat areas
of particular concern; overfishing definition and related thresholds and targets; regional season
restrictions (including option to split seasons); restrictions on vessel size (length and GRT) or shaft
horsepower; target quotas; measures to mitigate marine mammal entanglements and interactions;
regional management; 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; any other management measures currently included in the Spiny Dogfish FMP; and
measures to regulate aquaculture projects. Measures that require significant departures from
previously contemplated measures or that are otherwise introducing new concepts may require an
amendment of the FMP instead of a framework adjustment.
(2) Councils' recommendation. After developing management actions and receiving public testimony, the
Councils shall make a recommendation approved by a majority of each Council's members, present
and voting, to the Regional Administrator. The Councils' recommendation must include supporting
rationale, an analysis of impacts and, if management measures are recommended, a
recommendation to the Regional Administrator on whether to issue the management measures as a

50 CFR 648.239(a)(2) (enhanced display)

page 573 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.239(a)(2)(i)

final rule. If the Councils recommend that the management measures should be issued as a final
rule, they 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 Councils' recommended
management measures;
(iii) Whether there is an immediate need to protect the resource; and
(iv) Whether there will be a continuing evaluation of management measures adopted following their
implementation as a final rule;
(3) NMFS action. If the Councils' recommendation includes adjustments or additions to management
measures, then:
(i)

If NMFS concurs with 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 (b)(2) of this section, then the measures will be issued as a final rule in
the FEDERAL REGISTER.

(ii) If NMFS concurs with the Councils' recommendation and determines that the recommended
management measures should be published first as a proposed rule, then the measures will be
published as a proposed rule in the FEDERAL REGISTER. After additional public comment, if NMFS
concurs with the Councils' recommendation, then the measures will be issued as a final rule in
the FEDERAL REGISTER.
(iii) If NMFS does not concur, the Councils will be notified in writing of the reasons for the nonconcurrence.
(iv) Framework actions can be taken only in the case where both Councils approve the proposed
measure.
(b) Emergency action. Nothing in this section is meant to derogate from the authority of the Secretary to take
emergency action under section 305(e) of the Magnuson-Stevens Act.
[76 FR 60643, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37197, June 30, 2015]

Subpart M—Management Measures for the Atlantic Deep-Sea Red Crab Fishery
Source: 67 FR 63233, Oct. 10, 2002, unless otherwise noted.

§ 648.260 Specifications.
(a) Review and specifications process.
(1)—(3) [Reserved]

50 CFR 648.260(a)(1) (enhanced display)

page 574 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.260(a)(4)

(4) The PDT, after its review of 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, as well as changes to the appropriate specifications.
(5) Taking into account the annual review and/or SAFE Report described in paragraph (b) of this section,
the advice of the SSC, and any other relevant information, the Red Crab PDT may also recommend to
the Red Crab Committee and Council changes to stock status determination criteria and associated
thresholds based on the best scientific information available, including information from peerreviewed stock assessments of red crab. These adjustments may be included in the Council's
specifications for the red crab fishery.
(6)
(i)

The Council shall review the recommendations of the Red Crab PDT, Red Crab 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.

(ii) The Council's recommendation must include supporting documentation, as appropriate,
concerning the environmental, economic, and social impacts of the recommendations. The
Regional Administrator shall consider the recommendations and publish a rule in the FEDERAL
REGISTER proposing specifications and associated measures, consistent with the Administrative
Procedure Act.
(iii) 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.
(iv) If the final specifications are not published in the FEDERAL REGISTER for the start of the fishing
year, the previous year's specifications shall 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.
(b) [Reserved]
[76 FR 60383, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37198, June 30, 2015; 85 FR 20616, Apr. 14, 2020]

§ 648.261 Framework adjustment process.
(a) To implement a framework adjustment for the Red Crab FMP, the Council shall develop and analyze
proposed actions over the span of at least two Council meetings and provide advance public notice of the
availability of both the proposals and the analyses. Opportunity to provide written and oral comments
shall be provided throughout the process before the Council submits its recommendations to the
Regional Administrator.
(1) In response to an annual review of the status of the fishery or the resource by the Red Crab PDT, or at
any other time, the Council may recommend adjustments to any of the measures proposed by the
Red Crab FMP, including the SBRM. The Red Crab Oversight Committee may request that the Council
initiate a framework adjustment. Framework adjustments shall require one initial meeting (the
agenda must include notification of the impending proposal for a framework adjustment) and one
50 CFR 648.261(a)(1) (enhanced display)

page 575 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.261(a)(2)

final Council meeting. After a management action has been initiated, the Council shall develop and
analyze appropriate management actions within the scope identified below. The Council may refer
the proposed adjustments to the Red Crab Committee for further deliberation and review. Upon
receiving the recommendations of the Oversight Committee, the Council shall publish notice of its
intent to take action and provide the public with any relevant analyses and opportunity to comment
on any possible actions. After receiving public comment, the Council must take action (to approve,
modify, disapprove, or table) on the recommendation at the Council meeting following the meeting
at which it first received the recommendations. Documentation and analyses for the framework
adjustment shall be available at least 2 weeks before the final meeting.
(2) After developing management actions and receiving public testimony, the Council may make a
recommendation to the Regional Administrator. The Council's recommendation shall include
supporting rationale, an analysis of impacts required under paragraph (a)(1) of this section and a
recommendation to the Regional Administrator on whether to issue the management measures as a
final rule. If the Council recommends that the management measures should be issued directly as a
final rule, the Council shall 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 or to impose management
measures to resolve gear conflicts;
(iv) Whether there will be a continuing evaluation of management measures adopted following their
implementation as a final rule.
(3) If the Regional Administrator concurs with the Council's recommended management measures, they
shall be published in the FEDERAL REGISTER. If the Council's recommendation is first published as a
proposed rule and the Regional Administrator concurs with the Council's recommendation after
receiving additional public comment, the measures shall then be published as a final rule in the
FEDERAL REGISTER.
(4) If the Regional Administrator approves the Council's recommendations, 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 recommendations does not preclude the
Secretary from deciding to provide additional opportunity for prior notice and comment in the
FEDERAL REGISTER.
(5) The Regional Administrator may approve, disapprove, or partially disapprove the Council's
recommendation. If the Regional Administrator does not approve the Council's specific
recommendation, the Regional Administrator must notify the Council in writing of the reasons for the
action prior to the first Council meeting following publication of such decision.
(b) [Reserved]

50 CFR 648.261(b) (enhanced display)

page 576 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.262

[67 FR 63233, Oct. 10, 2002, as amended at 80 FR 37198, June 30, 2015]

§ 648.262 Accountability measures for red crab limited access vessels.
(a) Closure authority. NMFS shall close the EEZ to fishing for red crab in excess of the incidental limit by
commercial vessels for the remainder of the fishing year if the Regional Administrator determines that the
TAL has been harvested. Upon notification of the closure, a vessel issued a limited access red crab permit
may not fish for, catch, possess, transport, land, sell, trade, or barter, in excess of 500 lb (226.8 kg) of red
crab, or its equivalent in weight as specified at § 648.263(a)(2)(i) and (ii), per fishing trip in or from the
Red Crab Management Unit.
(b) Adjustment for an overage.
(1) If NMFS determines that the TAL was exceeded in a given fishing year, the exact amount of the
landings overage will be deducted, as soon as is practicable, from a subsequent single fishing year's
TAL, through notification consistent with the Administrative Procedure Act.
(2) If NMFS determines that the ACL was exceeded in a given fishing year, the exact amount of an
overage that was not already deducted from the TAL under paragraph (b)(i) of this section will be
deducted, as soon as is practicable, from a subsequent single fishing year's TAL, through notification
consistent with the Administrative Procedure Act.
[76 FR 60383, Sept. 29, 2011]

§ 648.263 Red crab possession and landing restrictions.
(a) Vessels issued limited access red crab permits.
(1) [Reserved]
(2) Conversion to whole crab weight.
(i)

For red crab that is landed in half sections, with all gills and other detritus still intact, the
recovery rate is 64 percent of a whole red crab, which is equal to the weight of red crab half
sections multiplied by 1.56.

(ii) For red crab that is landed in half sections, with all gills and other detritus removed, the recovery
rate is 58 percent of a whole red crab, which is equal to the weight of red crab half sections
multiplied by 1.72.
(3) Female red crab restriction. A vessel may not fish for, catch, possess, transport, land, sell, trade, or
barter, female red crabs in excess of one standard U.S. fish tote of incidentally caught female red
crabs per trip when fishing under a red crab DAS.
(4) Full-processing prohibition. No person may fully process at sea, possess, or land, fully-processed red
crab.
(5) Mutilation restriction. A vessel may not retain, possess, or land red crab claws and legs separate
from crab bodies in excess of one standard U.S. fish tote per trip when fishing on a dedicated red
crab trip.
(b) Vessels issued red crab incidental catch permits —

50 CFR 648.263(b) (enhanced display)

page 577 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.263(b)(1)

(1) Possession and landing restrictions. A vessel or operator of a vessel that has been issued a red crab
incidental catch permit, or a vessel issued a limited access red crab permit not on a dedicated red
crab trip, as defined in § 648.2, may catch, possess, transport, land, sell, trade, or barter, up to 500 lb
(226.8 kg) of red crab, or its equivalent in weight as specified at paragraphs (a)(1)(i) and (ii) of this
section, per fishing trip in or from the Red Crab Management Unit.
(2) Full-processing prohibition. No person may fully process at sea, possess, or land, fully-processed red
crab.
(3) Mutilation restrictions.
(i)

A vessel may not retain, possess, or land red crab claws and legs separate from crab bodies.

(ii) A vessel may not retain, possess, or land more than two claws and eight legs per crab.
[67 FR 63233, Oct. 10, 2002, as amended at 74 FR 20557, May 4, 2009; 76 FR 60384, Sept. 29, 2011]

§ 648.264 Gear requirements/restrictions.
(a) Limited access red crab permitted vessels.
(1) Limited access red crab vessel may not harvest red crab from any fishing gear other than red crab
traps/pots, marked as specified by paragraph (a)(5) of this section.
(2) A vessel owner or operator of a vessel that holds a valid limited access red crab permit may fish with,
deploy, possess, haul, harvest red crab from, or carry on board a vessel, up to a total of 600 traps/
pots when fishing for, catching, or landing red crab. A vessel owner is required to declare, on the
annual permit application, the maximum number of traps/pots used per string and the maximum
number of strings employed, such that the product of the maximum number of traps/pots per string
and the maximum number of strings declared is no more than 600 traps/pots. The vessel is
restricted to the product of the maximum number of traps/pots per string multiplied by the
maximum number of strings declared on the annual vessel permit application.
(3) Parlor traps/pots. No person may haul or remove lobster, red crab or fish from parlor traps/pots when
fishing under a red crab DAS.
(4) Maximum trap/pot size. The maximum allowable red crab trap/pot size of red crab traps/pots used
or deployed on a red crab DAS is 18 cubic feet (0.51 cubic meters) in volume. Red crab traps/pots
may be rectangular, trapezoidal or conical only, unless other red crab trap/pot designs whose volume
does not exceed 18 cubic feet (0.51 cubic meters) are authorized by the Regional Administrator.
(5) Gear markings. The following is required on all buoys used at the end of each red crab trawl:
(i)

The letters “RC” in letters at least 3 inches (7.62 cm) in height must be painted on top of each
buoy.

(ii) The vessel's permit number in numerals at least 3 inches (7.62 cm) in height must be painted
on the side of each buoy to clearly identify the vessel.
(iii) The number of each trap trawl relative to the total number of trawls used by the vessel (i.e., “3
of 6”) must be painted in numerals at least 3 inches (7.62 cm) in height on the side of each
buoy.
(iv) High flyers and radar reflectors are required on each trap trawl.
50 CFR 648.264(a)(5)(iv) (enhanced display)

page 578 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.264(a)(6)

(6) Additional gear requirements.
(i)

Vessels must comply with the gear regulations found at § 229.32 of this title.

(ii) Red crab traps/pots, fished in 200 fathoms (365.8 m) or less by a vessel issued a limited
access lobster permit under § 697.4(a), must comply with the trap tagging requirements
specified at § 697.19.
(b) [Reserved]
[67 FR 63233, Oct. 10, 2002, as amended at 72 FR 57194, Oct. 5, 2007; 76 FR 60384, Sept. 29, 2011]

Subpart N—Management Measures for the Golden Tilefish and Blueline Tilefish Fisheries
Source: 66 FR 49145, Sept. 26, 2001, unless otherwise noted.

§ 648.290 Tilefish Annual Catch Limits (ACL).
(a) Golden tilefish. The Tilefish Monitoring Committee shall recommend to the MAFMC an ACL for the
commercial golden tilefish fishery, which shall be equal to the ABC recommended by the SSC.
(1) [Reserved]
(2) Periodicity. The tilefish commercial ACL may be established on an annual basis for up to three years
at a time, dependent on whether the SSC provides single or multiple-year ABC recommendations.
(b) Blueline tilefish. The Tilefish Monitoring Committee shall recommend to the MAFMC separate ACLs for
the commercial and recreational blueline tilefish fisheries, the sum total of which shall be equal to the
ABC recommended by the SSC.
(1) Sector allocations. The ACL for the commercial sector of the blueline tilefish fishery shall be 27
percent of the ABC, and the ACL for the recreational sector of the fishery shall be 73 percent of the
ABC.
(2) Periodicity. The blueline tilefish commercial and recreational ACLs may be established on an annual
basis for up to three years at a time, dependent on whether the SSC provides single or multiple-year
ABC recommendations.
(c) Performance review. The Tilefish Monitoring Committee shall conduct a detailed review of golden tilefish
and blueline tilefish fishery performance relative to the appropriate sector ACLs at least every 5 years.
(1) If an ACL is exceeded with a frequency greater than 25 percent (i.e., more than once in 4 years or in
any 2 consecutive years), the Tilefish Monitoring Committee will review fishery performance
information and make recommendations to the MAFMC for changes in measures intended to ensure
ACLs are not as frequently exceeded.
(2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of
a stock rebuilding plan following a determination that either the golden tilefish or blueline tilefish
stock has become overfished.
(3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs
have been exceeded, but may be conducted in conjunction with such reviews.
50 CFR 648.290(c)(3) (enhanced display)

page 579 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.291

[82 FR 52857, Nov. 15, 2017]

§ 648.291 Tilefish Annual Catch Targets (ACT).
(a) Golden tilefish. The Tilefish Monitoring Committee shall identify and review the relevant sources of
management uncertainty to recommend ACTs for the individual fishing quota (IFQ) and incidental sectors
of the fishery as part of the golden tilefish specification process. The Tilefish Monitoring Committee
recommendations shall identify the specific sources of management uncertainty that were considered,
technical approaches to mitigating these sources of uncertainty, and any additional relevant information
considered in the ACT recommendation process.
(1) ACT allocation.
(i)

The ACT shall be less than or equal to the ACL.

(ii) The Tilefish Monitoring Committee shall include the fishing mortality associated with the
recreational fishery in its ACT recommendations only if this source of mortality has not already
been accounted for in the ABC recommended by the SSC.
(iii) The Tilefish Monitoring Committee shall allocate 5 percent of the ACT to the incidental sector
of the fishery and the remaining 95 percent to the IFQ sector.
(2) Periodicity. ACTs may be established on an annual basis for up to three years at a time, dependent on
whether the SSC provides single or multiple-year ABC recommendations.
(b) Blueline tilefish. The Tilefish Monitoring Committee shall identify and review the relevant sources of
management uncertainty to recommend ACTs for the commercial and recreational fishing sectors as part
of the blueline tilefish specification process. The Tilefish Monitoring Committee recommendations shall
identify the specific sources of management uncertainty that were considered, technical approaches to
mitigating these sources of uncertainty, and any additional relevant information considered in the ACT
recommendation process.
(1) Sectors. Commercial and recreational specific ACTs shall be less than or equal to the sector-specific
ACLs. The Tilefish Monitoring Committee shall recommend any reduction in catch necessary to
address sector-specific management uncertainty, consistent with paragraph (b) of this section.
(2) Periodicity. ACTs may be established on an annual basis for up to three years at a time, dependent on
whether the SSC provides single or multiple-year ABC recommendations.
(c) Performance review. The Tilefish Monitoring Committee shall conduct a detailed review of golden tilefish
and blueline tilefish fishery performance relative to the appropriate ACTs in conjunction with any ACL
performance review, as outlined in § 648.290(c)(1) through (3).
[82 FR 52857, Nov. 15, 2017, as amended at 83 FR 10806, Mar. 13, 2018]

§ 648.292 Tilefish specifications.
(a) Golden Tilefish. The golden tilefish fishing year is the 12-month period beginning with January 1, annually.
(1) Annual specification process. The Tilefish Monitoring Committee shall review the ABC
recommendation of the SSC, golden tilefish landings and discards information, and any other
relevant available data to determine if the golden tilefish ACL, ACT, or total allowable landings (TAL)
for the IFQ and/or incidental sectors of the fishery require modification to respond to any changes to
50 CFR 648.292(a)(1) (enhanced display)

page 580 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.292(a)(2)

the golden tilefish stock's biological reference points or to ensure any applicable rebuilding schedule
is maintained. The Monitoring Committee will consider whether any additional management
measures or revisions to existing measures are necessary to ensure that the IFQ and/or incidental
TAL will not be exceeded. Based on that review, the Monitoring Committee will recommend the
golden tilefish ACL, ACTs, and TALs to the Tilefish Committee of the MAFMC. Based on these
recommendations and any public comment received, the Tilefish Committee shall recommend to the
MAFMC the appropriate golden tilefish ACL, ACT, TAL, and other management measures for both the
IFQ and the incidental sectors of the fishery for a single fishing year or up to the maximum number
of years needed to be consistent with the Northeast Regional Coordinating Council-approved stock
assessment schedule. The MAFMC shall review these recommendations and any public comments
received, and recommend to the Regional Administrator, at least 120 days prior to the beginning of
the next fishing year, the appropriate golden tilefish ACL, ACT, TAL, the percentage of TAL allocated
to research quota, and any management measures to ensure that the TAL will not be exceeded, for
both the IFQ and the incidental sectors of the fishery, for the next fishing year, or up to the maximum
number of fishing years consistent with the Northeast Regional Coordinating Council-approved stock
assessment schedule. The MAFMC's recommendations must include supporting documentation, as
appropriate, concerning the environmental and economic impacts of the recommendations. The
Regional Administrator shall review these recommendations and, after such review, NMFS will
publish a proposed rule in the FEDERAL REGISTER specifying the annual golden tilefish ACL, ACT, TAL,
and any management measures to ensure that the TAL will not be exceeded for the upcoming
fishing year or years for both the IFQ and the incidental sectors of the fishery. After considering
public comments, NMFS will publish a final rule in the FEDERAL REGISTER to implement the golden
tilefish ACL, ACTs, TALs and any management measures. The previous year's specifications will
remain effective unless revised through the specification process and/or the research quota process
described in paragraph (a)(5) of this section. NMFS will issue notification in the FEDERAL REGISTER if
the previous year's specifications will not be changed.
(2) Total Allowable Landings (TAL).
(i)

The TALs for both the IFQ and the incidental sectors of the fishery for each fishing year will be
specified pursuant to paragraph (a)(1) of this section.

(ii) The sum of the sector-specific TAL and the estimated sector-specific discards shall be less
than or equal to the ACT for that sector of the fishery.
(3) TAL allocation. For each fishing year, up to 3 percent of the incidental and IFQ TALs may be set aside
for the purpose of funding research. The remaining IFQ TAL will be allocated to the individual IFQ
permit holders as described in § 648.294(a).
(4) Adjustments to the quota. If the incidental harvest exceeds the incidental TAL for a given fishing year,
the incidental trip limit specified at § 648.295(a)(2) may be reduced in the following fishing year. If
an adjustment is required, a notification of adjustment of the quota will be published in the FEDERAL
REGISTER.
(5) Research quota. See § 648.22(g).
(b) Blueline tilefish. The blueline tilefish fishing year is the calendar year beginning on January 1, annually.
(1) Recommended measures. Based on annual review, the Tilefish Monitoring Committee shall
recommend to the Tilefish Committee of the MAFMC measures to ensure that the ACLs specified by
the process outlined in § 648.290(b), including:
50 CFR 648.292(b)(1) (enhanced display)

page 581 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.292(b)(1)(i)

Total Allowable Landings (TAL) for both the commercial and recreational sectors for each
fishing year, where the sum of the TAL and sector-specific estimated discards shall be less than
or equal to the sector ACT;

(ii) Research quota for both the commercial and recreational sectors set from a range of 0 to three
percent of the TAL, as described in paragraph (b)(3) of this section;
(iii) Commercial trip limit;
(iv) Commercial minimum fish size;
(v) Recreational possession limit;
(vi) Recreational minimum fish size;
(vii) Recreational season;
(viii) Retention requirements; and/or
(ix) Any other measure needed to ensure the ACLs are not exceeded.
(2) Annual specification process. The Tilefish Committee of the MAFMC shall review the
recommendations of the Tilefish Monitoring Committee. Based on these recommendations and any
public comment received, the Tilefish Committee shall recommend to the MAFMC the appropriate
ACL, ACT, TAL, and other management measures for the blueline tilefish commercial and
recreational sectors for a single fishing year or up to three years. The MAFMC shall review these
recommendations and any public comments received, and recommend to the Regional
Administrator, at least 120 days prior to the beginning of the next fishing year, the appropriate
blueline tilefish ACLs, ACTs, TALs, the percentage of TAL allocated to research quota, and any
management measures to ensure that the sector ACLs will not be exceeded, for the next fishing year,
or up to three fishing years. The MAFMC's recommendations must include supporting
documentation, as appropriate, concerning the environmental and economic impacts of the
recommendations. The Regional Administrator shall review these recommendations, and after such
review, NMFS will publish a proposed rule in the FEDERAL REGISTER specifying the annual blueline
tilefish ACL, ACT, TAL and any management measures for the blueline tilefish commercial and
recreational sectors to ensure that the sector ACLs will not be exceeded for the upcoming fishing
year or years. After considering public comments, NMFS will publish a final rule in the FEDERAL
REGISTER to implement the blueline tilefish commercial and recreational ACLs, ACTs, TALs and any
management measures. The previous year's specifications will remain effective unless revised
through the specification process and/or the research quota process described in paragraph (b)(3)
of this section. NMFS will issue notification in the FEDERAL REGISTER if the previous year's
specifications will not be changed.
(3) Research quota. See § 648.22(g).
[82 FR 52858, Nov. 15, 2017, as amended at 83 FR 10806, Mar. 13, 2018; 87 FR 67832, Nov. 10, 2022]

§ 648.293 Tilefish accountability measures.
(a) Golden tilefish —
(1) Commercial incidental fishery closure. See § 648.295(a)(3).

50 CFR 648.293(a)(1) (enhanced display)

page 582 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.293(a)(2)

(2) Commercial ACL overage evaluation. If the golden tilefish ACL is exceeded, the amount of the ACL
overage that cannot be directly attributed to IFQ allocation holders having exceeded their IFQ
allocation will be deducted from the golden tilefish ACL in the following fishing year. All overages
directly attributable to IFQ allocation holders will be deducted from the appropriate IFQ allocation(s)
in the subsequent fishing year, as required by § 648.294(f).
(b) Blueline tilefish —
(1) Commercial fishery closure. See § 648.295(b)(2).
(2) Commercial ACL overage evaluation. The commercial sector ACL will be evaluated based on a singleyear examination of total catch (landings and discards).
(i)

Commercial landings overage repayment. Landings in excess of the commercial ACL will be
deducted from the commercial ACL for the following year.

(ii) Non-landing accountability measure. In the event that the commercial ACL has been exceeded
and the overage has not been accommodated through the landings-based AM, then the exact
amount by which the commercial ACL was exceeded, in pounds, will be deducted, as soon as
possible, from the applicable subsequent single fishing year commercial ACL.
(3) Recreational ACL overage evaluation. The recreational sector ACL will be evaluated based on a threeyear moving average comparison of total catch (landings and discards). Both landings and dead
discards will be evaluated in determining if the three-year average recreational sector ACL has been
exceeded. The three-year moving average will be phased in over the first three years, beginning with
2017: Total recreational total catch from 2017 will be compared to the 2017 recreational sector ACL;
the average total catch from both 2017 and 2018 will be compared to the average of the 2017 and
2018 recreational sector ACLs; the average total catch from 2017, 2018, and 2019 will be compared
to the average of the 2017, 2018, and 2019 recreational sector ACLs and, for all subsequent years,
the preceding three-year average recreational total catch will be compared to the preceding threeyear average recreational sector ACL.
(4) Recreational accountability measures (AM). If the recreational ACL is exceeded, then the following
procedure will be followed:
(i)

If biomass is below threshold, the stock is under rebuilding, or biological reference points are
unknown. If the most recent estimate of biomass is below the BMSY threshold (i.e., B/BMSY is
less than 0.5), the stock is under a rebuilding plan, or the biological reference points (B or BMSY)
are unknown, and the recreational ACL has been exceeded, then the exact amount, in pounds,
by which the most recent year's recreational catch estimate exceeded the most recent year's
recreational ACL will be deducted in the following fishing year, or as soon as possible
thereafter, once catch data are available, from the recreational ACT, as a single-year
adjustment. Changes to management measures would also be considered through the
specifications process to avoid future overages.

(ii) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. If
the most recent estimate of biomass is above the biomass threshold (B/BMSY is greater than
0.5), but below the biomass target (B/BMSY is less than 1.0), and the stock is not under a
rebuilding plan, then the following AMs will apply:

50 CFR 648.293(b)(4)(ii) (enhanced display)

page 583 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.293(b)(4)(ii)(A)

(A) If the recreational ACL has been exceeded. If the Recreational ACL has been exceeded,
then adjustments to the recreational management measures, taking into account the
performance of the measures and conditions that precipitated the overage, will be made
in the following fishing year, or as soon as possible thereafter, once catch data are
available, as a single-year adjustment.
(B) If the ABC has been exceeded. If the ABC has been exceeded, then a single-year
adjustment to the recreational ACT will be made in the following fishing year, or as soon
as possible thereafter, once catch data are available, as described below. In addition,
adjustments to the recreational management measures, taking into account the
performance of the measures and conditions that precipitated the overage, will be made
in the following year.
(1) Adjustment to recreational ACT. If an adjustment to the following year's recreational
ACT is required, then the ACT will be reduced by the exact amount, in pounds, of the
product of the overage, defined as the difference between the recreational catch and
the recreational ACL, and the payback coefficient.
(2) Payback coefficient. The payback coefficient is the difference between the most
recent estimate of biomass and BMSY (i.e., BMSY-B) divided by one-half of BMSY.
(iii) If biomass is above target. If the most recent estimate of biomass is above BMSY (i.e., B/BMSY is
greater than 1.0), then adjustments to the recreational management measures, taking into
account the performance of the measures and conditions that precipitated the overage, will be
made in the following fishing year, or as soon as possible thereafter, once catch data are
available, as a single-year adjustment.
[82 FR 52859, Nov. 15, 2017, as amended at 83 FR 10807, Mar. 13, 2018]

§ 648.294 Golden tilefish individual fishing quota (IFQ) program.
(a) IFQ allocation permits.
(1) After adjustments for incidental catch, research set-asides, and overages, as appropriate, pursuant to
§ 648.292(a)(3), the Regional Administrator shall divide the remaining golden tilefish TAL among the
IFQ quota shareholders who held IFQ quota share as of September 1 of a given fishing year.
Allocations shall be made by applying the IFQ quota share percentages that exist on September 1 of
a given fishing year to the IFQ TAL pursuant to § 648.292(a)(3), subject to any deductions for
overages pursuant to paragraph (f) of this section. Amounts of IFQ allocation of 0.5 lb (0.23 kg) or
smaller created by this calculation shall be rounded downward to the nearest whole number, and
amounts of IFQ allocation greater than 0.5 lb (0.23 kg) shall be rounded upward to the nearest whole
number, so that annual IFQ allocations are specified in whole pounds.
(2) Allocations shall be issued in the form of an annual IFQ allocation permit. The IFQ allocation permit
shall specify the quota share percentage held by the IFQ allocation permit holder and the total
pounds of golden tilefish that the IFQ allocation permit holder is authorized to harvest.
(3) In order to be eligible to hold tilefish IFQ allocation, an individual must be a U.S. citizen or permanent
resident alien. Businesses or other entities that wish to hold allocation must be eligible to own a
documented vessel under the terms of 46 U.S.C. 12103(b).
(b) Application —
50 CFR 648.294(b) (enhanced display)

page 584 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.294(b)(1)

(1) General. Applicants for a permit under this section must submit a completed application on an
appropriate form obtained from NMFS. The application must be filled out completely and signed by
the applicant. Each application must include a declaration of all interests in IFQ quota shares and
IFQ allocations, as defined in § 648.2, listed by IFQ allocation permit number, and must list all
Federal vessel permit numbers for all vessels that an applicant owns or leases that would be
authorized to possess golden tilefish pursuant to the IFQ allocation permit. The Regional
Administrator will notify the applicant of any deficiency in the application.
(i)

[Reserved]

(ii) Renewal applications. Applications to renew an IFQ allocation permit must be received by
November 15 to be processed in time for the January 1 start of the next fishing year. Renewal
applications received after this date may not be approved, and a new permit may not be issued
before the start of the next fishing year. An IFQ allocation permit holder must renew his/her IFQ
allocation permit on an annual basis by submitting an application for such permit prior to the
end of the fishing year for which the permit is required. Failure to renew an IFQ allocation
permit in any fishing year will result in any IFQ quota share held by that IFQ allocation permit
holder to be considered abandoned and relinquished.
(2) Issuance. Except as provided in subpart D of 15 CFR part 904, and provided an application for such
permit is submitted by November 15, as specified in paragraph (b)(1)(ii) of this section, NMFS shall
issue annual IFQ allocation permits on or before December 31 to those who hold IFQ quota share as
of November 1 of the current fishing year. From November 1 through December 31, permanent
transfer of IFQ quota share is not permitted, as described in paragraph (e)(4) of this section.
(3) Duration. An annual IFQ allocation permit is valid until December 31 of each fishing year unless it is
suspended, modified, or revoked pursuant to 15 CFR part 904; revised due to a transfer of all or part
of the IFQ quota share or annual IFQ allocation under paragraph (e) of this section; or suspended for
non-payment of the cost recovery fee as described in paragraph (h)(4) of this section.
(4) IFQ vessel.
(i)

All Federal vessel permit numbers listed on the IFQ allocation permit are authorized to possess
golden tilefish pursuant to the IFQ allocation permit.

(ii) An IFQ allocation permit holder who wishes to authorize an additional vessel(s) to possess
golden tilefish pursuant to the IFQ allocation permit must send written notification to NMFS.
This notification must include:
(A) The vessel name and permit number, and
(B) The dates on which the IFQ allocation permit holder desires the vessel to be authorized to
land golden tilefish pursuant to the IFQ allocation permit.
(iii) A vessel listed on the IFQ allocation permit is authorized to possess golden tilefish pursuant to
the subject permit, until the end of the fishing year or until NMFS receives written notification
from the IFQ allocation permit holder to remove the vessel.
(iv) A single vessel may not be listed on more than one IFQ allocation permit at the same time.
(v) A copy of the IFQ allocation permit must be carried on board each vessel so authorized to
possess IFQ golden tilefish.
(5) Alteration. An annual IFQ allocation permit that is altered, erased, or mutilated is invalid.
50 CFR 648.294(b)(5) (enhanced display)

page 585 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.294(b)(6)

(6) Replacement. The Regional Administrator may issue a replacement permit upon written application
of the annual IFQ allocation permit holder.
(7) Transfer. The annual IFQ allocation permit is valid only for the person to whom it is issued. All or part
of the IFQ quota share or the annual IFQ allocation specified in the IFQ allocation permit may be
transferred in accordance with paragraph (e) of this section.
(8) Abandonment or voluntary relinquishment. Any IFQ allocation permit that is voluntarily relinquished to
the Regional Administrator, or deemed to have been voluntarily relinquished for failure to pay a
recoverable cost fee, in accordance with the requirements specified in paragraph (h)(2) of this
section, or for failure to renew in accordance with paragraph (b)(1)(ii) of this section, shall not be
reissued or renewed in a subsequent year.
(c)-(d) [Reserved]
(e) Transferring IFQ allocations —
(1) Temporary transfers. Unless otherwise restricted by the provisions in paragraph (e)(3) of this section,
the initial holder of an annual IFQ allocation may transfer the entire annual IFQ allocation, or a
portion of the annual IFQ allocation, to any person or entity eligible to hold tilefish IFQ allocation
under paragraph (a)(3) of this section. Annual IFQ allocation transfers shall be effective only for the
fishing year in which the transfer is requested and processed, unless the applicant specifically
requests that the transfer be processed for the subsequent fishing year. The Regional Administrator
has final approval authority for all annual IFQ allocation transfer requests. The approval of a
temporary transfer may be rescinded if the Regional Administrator finds that an emergency has
rendered the lessee unable to fish for the transferred annual IFQ allocation, but only if none of the
transferred allocation has been landed.
(2) Permanent transfers. Unless otherwise restricted by the provisions in paragraph (e)(3) of this section,
and subject to final approval by the Regional Administrator, a holder of IFQ quota share may
permanently transfer the entire IFQ quota share allocation, or a portion of the IFQ quota share
allocation, to any person or entity eligible to hold tilefish IFQ allocation under paragraph (a)(3) of this
section.
(3) IFQ allocation transfer restrictions.
(i)

If annual IFQ allocation is temporarily transferred to any eligible person or entity, it may not be
transferred again within the same fishing year, unless the transfer is rescinded due to an
emergency, as described in paragraph (e)(1) of this section.

(ii) A transfer of IFQ allocation or quota share will not be approved by the Regional Administrator if
it would result in an entity holding, or having an interest in, a percentage of IFQ allocation
exceeding 49 percent of the total golden tilefish adjusted TAL.
(iii) For the purpose of calculating the appropriate IFQ cost recovery fee, if the holder of an IFQ
allocation leases additional IFQ allocation, the quantity and value of golden tilefish landings
made after the date the lease is approved by the Regional Administrator are attributed to the
transferred quota before being attributed to the allocation holder's base IFQ allocation, if any
exists. In the event of multiple leases, landings would be attributed to the leased allocations in
the order the leases were approved by the Regional Administrator. As described in paragraph

50 CFR 648.294(e)(3)(iii) (enhanced display)

page 586 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.294(e)(4)

(h) of this section, a tilefish IFQ quota share allocation holder shall incur a cost recovery fee,
based on the value of landings of golden tilefish authorized under the allocation holder's annual
tilefish IFQ allocation, including allocation that is leased to another IFQ allocation permit holder.
(4) Application for an IFQ allocation transfer. Any IFQ allocation permit holder applying for either
permanent transfer of IFQ quota share or temporary transfer of annual IFQ allocation must submit a
completed IFQ Allocation Transfer Form, available from NMFS. The IFQ Allocation Transfer Form
must be submitted to the NMFS Greater Atlantic Regional Fisheries Office at least 30 days before the
date on which the applicant desires to have the IFQ allocation transfer effective. The Regional
Administrator shall notify the applicants of any deficiency in the application pursuant to this section.
Applications for permanent IFQ quota share allocation transfers must be received by November 1 to
be processed and effective before annual IFQ allocations are issued for the next fishing year.
Applications for temporary IFQ allocation transfers must be received by December 10 to be
processed for the current fishing year.
(i)

Application information requirements. An application to transfer IFQ allocation must include the
following information: The type of transfer (either temporary or permanent); the signature of
both parties involved; the price paid for the transfer; a declaration of the recipient's eligibility to
receive IFQ allocation; the amount of allocation or quota share to be transferred; and a
declaration, by IFQ allocation permit number, of all the IFQ allocations in which the person or
entity receiving the IFQ allocation has an interest. The person or entity receiving the IFQ
allocation must indicate the permit numbers of all federally permitted vessels that will possess
or land the IFQ allocation. Information obtained from the IFQ Allocation Transfer Form is
confidential pursuant to 16 U.S.C. 1881a.

(ii) Approval of IFQ transfer application. Unless an application to transfer IFQ quota share and/or
annual IFQ allocation is denied according to paragraph (e)(4)(iii) of this section, the Regional
Administrator shall issue confirmation of application approval in the form of a new or updated
IFQ allocation permit to the parties involved in the transfer within 30 days of receipt of a
completed application.
(iii) Denial of IFQ transfer application. The Regional Administrator may reject an application to
transfer IFQ quota share or annual IFQ allocation for the following reasons: The application is
incomplete; the transferor does not possess a valid tilefish IFQ allocation permit; the
transferor's or transferee's vessel or tilefish IFQ allocation permit has been sanctioned pursuant
to an enforcement proceeding under 15 CFR part 904; the transfer would result in the transferee
having a tilefish IFQ allocation or holding IFQ quota share that exceeds 49 percent of the
adjusted TAL allocated to IFQ allocation permit holders; the transfer is to a person or entity that
is not eligible to hold tilefish IFQ allocation under paragraph (a)(3) of this section; the transferor
or transferee is delinquent in payment of an IFQ cost recovery fee as described in paragraph
(h)(4) of this section; or any other failure to meet the requirements of this subpart. Upon denial
of an application to transfer IFQ allocation, the Regional Administrator shall send a letter to the
applicant describing the reason(s) for the denial. The decision by the Regional Administrator is
the final decision of the Department of Commerce; there is no opportunity for an administrative
appeal.
(f) IFQ allocation overages. If an IFQ allocation is exceeded, including by amounts of golden tilefish landed by
a lessee in excess of a temporary transfer of IFQ allocation, the amount of the overage will be deducted
from the IFQ shareholder's allocation in the subsequent fishing year(s). If an IFQ allocation overage is not
deducted from the appropriate allocation before the IFQ allocation permit is issued for the subsequent
50 CFR 648.294(f) (enhanced display)

page 587 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.294(g)

fishing year, a revised IFQ allocation permit reflecting the deduction of the overage shall be issued by
NMFS. If the allocation cannot be reduced in the subsequent fishing year because the full allocation has
already been landed or transferred, the IFQ allocation permit will indicate a reduced allocation for the
amount of the overage in the next fishing year.
(g) IFQ allocation acquisition restriction. No person or entity may acquire more than 49 percent of the annual
adjusted golden tilefish TAL, specified pursuant to § 648.294, at any point during a fishing year. For
purposes of this paragraph, acquisition includes any permanent transfer of IFQ quota share or temporary
transfer of annual IFQ allocation. The calculation of IFQ allocation for purposes of the restriction on
acquisition includes IFQ allocation interests held by: A company in which the IFQ holder is a shareholder,
officer, or partner; an immediate family member; or a company in which the IFQ holder is a part owner or
partner.
(h) IFQ cost recovery. As required under section 304(d)(2)(A)(i) of the Magnuson-Stevens Act, the Regional
Administrator shall collect a fee to recover the actual costs directly related to the management, data
collection and analysis, and enforcement of the tilefish IFQ program.
(1) Payment responsibility. Each tilefish IFQ allocation permit holder with quota share shall incur a cost
recovery fee annually, based on the value of landings of golden tilefish authorized under his/her
tilefish IFQ allocation, including allocation that he/she leases to another IFQ allocation permit holder.
The tilefish IFQ allocation permit holder is responsible for paying the fee assessed by NMFS.
(2) IFQ fee determination. The tilefish IFQ cost recovery billing period runs annually from January 1
through December 31.
(i)

Determination of total recoverable costs. The Regional Administrator shall determine the actual
costs directly associated with the management, data collection and analysis, and enforcement
of the tilefish IFQ program incurred by NMFS during the cost recovery billing period.

(ii) Calculating fee percentage. The recoverable costs determined by the Regional Administrator will
be divided by the total ex-vessel value of all golden tilefish IFQ landings during the cost
recovery billing period to derive a fee percentage. Each IFQ allocation permit holder with quota
share will be assessed a fee based on the fee percentage multiplied by the total ex-vessel value
of all landings under his/her IFQ allocation permit, including landings of allocation that was
leased to another IFQ allocation permit holder.
(A) The ex-vessel value for each pound of golden tilefish landed by an IFQ allocation permit
holder shall be determined from Northeast Federal dealer reports submitted to NMFS,
which include the price per pound paid to the vessel at the time of dealer purchase.
(B) The cost recovery fee percentage shall not exceed three percent of the total value of
golden tilefish landings, as required under section 304(d)(2)(B) of the Magnuson-Stevens
Act.
(3) Fee payment procedure. NMFS will create an annual IFQ allocation bill for each cost recovery billing
period and provide it to IFQ allocation permit holders with quota share. The bill will include
information regarding the amount and value of IFQ allocation landed during the prior cost recovery
billing period, and the associated cost recovery fees.
(i)

Payment due date. An IFQ allocation permit holder who has incurred a cost recovery fee must
pay the fee to NMFS within 45 days of the date of the bill.

50 CFR 648.294(h)(3)(i) (enhanced display)

page 588 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.294(h)(3)(ii)

(ii) Payment submission method. Cost recovery payments shall be made electronically via the
Federal Web portal, www.pay.gov, or other Internet sites designated by the Regional
Administrator. Instructions for electronic payment shall be available on both the payment Web
site and the cost recovery fee bill. Electronic payment options shall include payment via a credit
card, as specified in the cost recovery bill, or via direct automated clearing house (ACH)
withdrawal from a designated checking account. Alternatively, payment by check may be
authorized by Regional Administrator if he/she determines that electronic payment is not
practicable.
(4) Payment compliance. If an IFQ allocation permit holder does not submit full payment by the due date
described in paragraph (h)(3)(i) of this section, the Regional Administrator may:
(i)

At any time thereafter, notify the IFQ allocation permit holder in writing that his/her IFQ
allocation permit is suspended, thereby prohibiting landings of tilefish above the incidental
limit, as specified at § 648.295(a).

(ii) Disapprove any transfer of annual tilefish allocation or quota share to or from the IFQ allocation
permit holder as described in paragraph (e)(4)(iii) of this section, until such time as the amount
due is paid.
(iii) Deny renewal of the IFQ allocation permit if it had not yet been issued for the current year, or
deny renewal of the IFQ allocation permit for the following year.
(iv) If the fee amount is not appealed, the Regional Administrator may issue a Final Administrative
Determination (FAD) as described in paragraph (h)(5) of this section, based upon available
information.
(5) Appeal of IFQ fee amount. If a tilefish IFQ allocation permit holder disagrees with the fee amount
determined by NMFS, he/she may appeal the cost recovery bill.
(i)

IFQ fee appeals must be submitted to NMFS in writing before the due date described in
paragraph (h)(3)(i) of this section.

(ii) The IFQ allocation permit holder shall have the burden of demonstrating that the fee amount
calculated by NMFS is incorrect and what the correct amount is.
(iii) If a request to appeal is submitted on time, the Regional Administrator shall notify the IFQ
allocation permit holder in writing, acknowledging the appeal and providing 30 days to submit
any additional relevant documentation supporting an alternative fee amount.
(iv) While the IFQ fee is under appeal and the tilefish IFQ allocation permit is suspended, as
described in paragraph (h)(4) of this section, the IFQ allocation permit holder may request a
Letter of Authorization to fish until the appeal is concluded. Any tilefish landed pursuant to the
above authorization will count against the IFQ allocation permit, if issued.
(v) Final Administrative Determination (FAD). Based on a review of available information, including
any documentation submitted by the IFQ allocation permit holder in support of the
appropriateness of a different fee amount, the Regional Administrator shall determine whether
there is a reasonable basis upon which to conclude that an alternate fee amount is correct.
This determination shall be set forth in a FAD that is signed by the Regional Administrator. A
FAD shall be the final decision of the Department of Commerce.

50 CFR 648.294(h)(5)(v) (enhanced display)

page 589 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.294(h)(5)(v)(A)

(A) The IFQ allocation permit holder shall have 30 days from the date of the FAD to comply
with the terms of the FAD.
(B) If the IFQ allocation permit holder does not comply with the terms of the FAD within this
period, the Regional Administrator shall:
(1) Refer the matter to the appropriate authorities within the U.S. Department of the
Treasury for purposes of collection; and
(2) Cancel any Letter of Authorization to fish that had been issued during the appeal.
(vi) If NMFS does not receive full payment of an IFQ cost recovery fee prior to the end of the cost
recovery billing period immediately following the one for which the fee was incurred, the subject
IFQ allocation permit and any associated IFQ quota share shall be deemed to have been
voluntarily relinquished pursuant to paragraph (b)(8) of this section.
(6) Annual cost recovery report. NMFS will publish annually a report on the status of the tilefish IFQ cost
recovery program. The report will provide details of the costs incurred by NMFS for the management,
enforcement, and data collection and analysis associated with the tilefish IFQ program during the
prior cost recovery billing period, and other relevant information at the discretion of the Regional
Administrator.
(i)

Periodic review of the IFQ program. A formal review of the IFQ program must be conducted by the MAFMC
within 5 years of the effective date of the final regulations. Thereafter, it shall be incorporated into every
scheduled MAFMC review of the FMP (i.e., future amendments or frameworks), but no less frequently
than every 7 years.

[78 FR 49187, Aug. 13, 2013, as amended at 82 FR 52859, Nov. 15, 2017; 83 FR 10807, Mar. 13, 2018; 89 FR 19762, Mar. 20, 2024]

§ 648.295 Tilefish commercial trip limits and landing condition.
(a) Golden tilefish —
(1) IFQ landings. Any golden tilefish landed by a vessel fishing under an IFQ allocation permit as
specified at § 648.294(a), on a given fishing trip, count as landings under the IFQ allocation permit.
(2) Incidental trip limit for vessels not fishing under an IFQ allocation. Any vessel of the United States
fishing under a tilefish vessel permit, as described at § 648.4(a)(12), unless the vessel is fishing
under a tilefish IFQ allocation permit, is prohibited from possessing more than:
(i)

500 lb (226.8 kg) of golden tilefish at any time, or

(ii) 50 percent, by weight, of the total of all species being landed; whichever is less.
(3) In-season closure of the incidental fishery. The Regional Administrator will monitor the harvest of the
golden tilefish incidental TAL based on dealer reports and other available information, and shall
determine the date when the incidental golden tilefish TAL has been landed. The Regional
Administrator shall publish a notice in the FEDERAL REGISTER notifying vessel and dealer permit
holders that, effective upon a specific date, the incidental golden tilefish fishery is closed for the
remainder of the fishing year.
(b) Blueline tilefish —

50 CFR 648.295(b) (enhanced display)

page 590 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.295(b)(1)

(1) Commercial possession limit. Any vessel of the United States fishing under a tilefish permit, as
described at § 648.4(a)(12), is prohibited from possessing more than 500 lb (227 kg) of gutted
blueline tilefish per trip in or from the Tilefish Management Unit.
(2) In-season adjustment of possession limit. The Regional Administrator will monitor the harvest of the
blueline tilefish commercial TAL based on dealer reports and other available information.
(i)

When 70 percent of the blueline tilefish commercial TAL will be landed, the Regional
Administrator may publish a notice in the FEDERAL REGISTER notifying vessel and dealer permit
holders that, effective upon a specific date, the blueline tilefish commercial possession limit is
reduced to 300 lb (136 kg) of gutted blueline tilefish per trip in or from the Tilefish Management
Unit.

(ii) When 100 percent of the blueline tilefish commercial TAL will be landed, the Regional
Administrator will publish a notice in the FEDERAL REGISTER notifying vessel and dealer permit
holders that, effective upon a specific date, the blueline tilefish commercial fishery is closed for
the remainder of the fishing year. No vessel may retain or land blueline tilefish in or from the
Tilefish Management Unit after the announced closure date.
(c) Landing condition. Commercial golden or blueline tilefish must be landed with head and fins naturally
attached, but may be gutted.
[82 FR 52860, Nov. 15, 2017, as amended at 83 FR 10807, Mar. 13, 2018; 84 FR 3342, Feb. 12, 2019]

§ 648.296 Tilefish recreational possession limits and gear restrictions.
(a) Golden tilefish.
(1) The recreational tilefish possession limit for charter/party and private recreational anglers is eight
golden tilefish per angler per trip. Any vessel engaged in recreational fishing for golden tilefish may
not retain golden tilefish, unless issued a valid Federal charter/party permit, pursuant to §
648.4(a)(12)(ii), or a valid Federal private recreational tilefish permit issued pursuant to §
648.4(a)(12)(iv).
(2) Any vessel engaged in recreational fishing may not retain golden tilefish, unless exclusively using rod
and reel fishing gear, with a maximum limit of five hooks per rod. Anglers may use either a manual or
an electric reel.
(b) Blueline tilefish. The recreational blueline tilefish fishery is open May 15 through November 14, and closed
November 15 through May 14.
(1) Private recreational vessels. Anglers fishing onboard a vessel issued a Federal private recreational
tilefish permit pursuant to § 648.4(a)(12)(iv), may land up to three blueline tilefish per person per
trip.
(2) Uninspected for-hire vessels. Anglers fishing onboard a for-hire vessel under a tilefish charter/party
vessel permit issued pursuant to § 648.4(a)(12), which has not been issued a valid U.S. Coast Guard
Certificate of Inspection may land up to five blueline tilefish per person per trip.
(3) Inspected for-hire vessels. Anglers fishing onboard a for-hire vessel under a tilefish charter/party
vessel permit issued pursuant to § 648.4(a)(12), which has been issued a valid U.S. Coast Guard
Certificate of Inspection may land up to seven blueline tilefish per person per trip.
50 CFR 648.296(b)(3) (enhanced display)

page 591 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.296(c)

(c) Enforcement. Tilefish harvested by vessels subject to the possession limits with more than one person on
board may be pooled in one or more containers. Compliance with the golden tilefish possession limit will
be determined by dividing the number of golden tilefish on board by the number of persons on board.
Compliance with the blueline tilefish possession limit will be determined by dividing the number of
blueline tilefish on board by the number of persons on board. The captain and crew of a party or charter
boat are not counted in determining the possession limit. If there is a violation of the possession limit on
board a vessel carrying more than one person, the violation shall be deemed to have been committed by
the owner and operator of the vessel.
[82 FR 52861, Nov. 15, 2017, as amended at 83 FR 10807, Mar. 13, 2018; 84 FR 3342, Feb. 12, 2019; 85 FR 43152, July 15, 2020; 89
FR 19762, Mar. 20, 2024]

§ 648.297 Tilefish gear restricted areas.
No vessel of the United States may fish with bottom-tending mobile gear within the areas bounded by the following
coordinates:

Canyon
Oceanographer

Lydonia

Veatch

Norfolk

50 CFR 648.297 (enhanced display)

N. lat.
Degrees

Min

W. long.
Seconds

Degrees

Min

Seconds

40.0

29.0

50.0

68.0

10.0

30.0

40.0

29.0

30.0

68.0

8.0

34.8

40.0

25.0

51.6

68.0

6.0

36.0

40.0

22.0

22.8

68.0

6.0

50.4

40.0

19.0

40.8

68.0

4.0

48.0

40.0

19.0

5.0

68.0

2.0

19.0

40.0

16.0

41.0

68.0

1.0

16.0

40.0

14.0

28.0

68.0

11.0

28.0

40.0

31.0

55.2

67.0

43.0

1.2

40.0

28.0

52.0

67.0

38.0

43.0

40.0

21.0

39.6

67.0

37.0

4.8

40.0

21.0

4.0

67.0

43.0

1.0

40.0

26.0

32.0

67.0

40.0

57.0

40.0

28.0

31.0

67.0

43.0

0.0

40.0

0.0

40.0

69.0

37.0

8.0

40.0

0.0

41.0

69.0

35.0

25.0

39.0

54.0

43.0

69.0

33.0

54.0

39.0

54.0

43.0

69.0

40.0

52.0

37.0

5.0

50.0

74.0

45.0

34.0

37.0

6.0

58.0

74.0

40.0

48.0

37.0

4.0

31.0

74.0

37.0

46.0

37.0

4.0

1.0

74.0

33.0

50.0

36.0

58.0

37.0

74.0

36.0

58.0

page 592 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Canyon

50 CFR 648.299

N. lat.
Degrees
37.0

Min

W. long.
Seconds

4.0

Degrees

26.0

74.0

Min
41.0

Seconds
2.0

[76 FR 60647, Sept. 29, 2011]

§ 648.299 Tilefish framework specifications.
(a) Within-season management action. The MAFMC 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 Tilefish FMP.
(1) Specific management measures. The following specific management measures may be adjusted at
any time through the framework adjustment process:
(i)

Minimum fish size;

(ii) Minimum hook size;
(iii) Closed seasons;
(iv) Closed areas;
(v) Gear restrictions or prohibitions;
(vi) Permitting restrictions;
(vii) Gear limits;
(viii) Trip limits;
(ix) Adjustments within existing ABC control rule levels;
(x) Adjustments to the existing MAFMC risk policy;
(xi) Introduction of new AMs, including sub ACTs;
(xii) Annual specification quota setting process;
(xiii) Tilefish FMP Monitoring Committee composition and process;
(xiv) Description and identification of EFH;
(xv) Fishing gear management measures that impact EFH;
(xvi) Habitat areas of particular concern;
(xvii) Set-aside quotas for scientific research;
(xviii) Changes, as appropriate, 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;
50 CFR 648.299(a)(1)(xviii) (enhanced display)

page 593 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.299(a)(1)(xix)

(xix) Recreational management measures, including the bag limit, minimum fish size limit, seasons,
and gear restrictions or prohibitions;
(xx) Golden tilefish IFQ program review components, including capacity reduction, safety at sea
issues, transferability rules, ownership concentration caps, permit and reporting requirements,
and fee and cost-recovery issues;
(xxi) Blueline tilefish recreational permitting and reporting requirements previously considered by the
MAFMC; and
(xxii) Blueline tilefish allocations to the commercial and recreational sectors of the fishery within the
range of allocation alternatives considered by the MAFMC in Amendment 6.
(xxiii) Measures that require significant departures from previously contemplated measures or that
are otherwise introducing new concepts may require a formal amendment of the FMP instead
of a framework adjustment.
(2) Adjustment process. If the MAFMC determines that an adjustment to management measures is
necessary to meet the goals and objectives of the FMP, it will recommend, develop, and analyze
appropriate management actions over the span of at least two MAFMC meetings. The MAFMC will
provide the public with advance notice of the availability of the recommendation, appropriate
justifications and economic and biological analyses, and opportunity to comment on the proposed
adjustments prior to and at the second MAFMC meeting on that framework action.
(3) MAFMC recommendation. After developing management actions and receiving public testimony, the
MAFMC will make a recommendation to the Regional Administrator. The MAFMC'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
measures as a final rule. If the MAFMC recommends that the management measures should be
issued as a final rule, it 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 MAFMC's recommended
management measures;
(iii) Whether there is an immediate need to protect the resource; and
(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 MAFMC's recommendation includes adjustments or additions to
management measures and, after reviewing the MAFMC's recommendation and supporting
information:
(i)

If the Regional Administrator concurs with the MAFMC's recommended management measures
and determines that the recommended management measures should be issued as a final rule
based on the factors specified in paragraphs (a)(2) and (a)(3) of this section, the measures will
be issued as a final rule in the FEDERAL REGISTER.

50 CFR 648.299(a)(4)(i) (enhanced display)

page 594 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.299(a)(4)(ii)

(ii) If the Regional Administrator concurs with the MAFMC'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 MAFMC's recommendation, the
measures will be issued as a final rule in the FEDERAL REGISTER.
(iii) If the Regional Administrator does not concur with the MAFMC's recommendation, the MAFMC
will be notified in writing of the reasons for the non-concurrence.
(b) Emergency action. Nothing in this section is meant to derogate from the authority of the Secretary to take
emergency action under section 305(e) of the Magnuson-Stevens Act.
[76 FR 60648, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37199, June 30, 2015; 82 FR 52861, Nov. 15, 2017]

Subpart O—Management Measures for the NE Skate Complex Fisheries
Source: 68 FR 49701, Aug. 19, 2003, unless otherwise noted.

§ 648.320 Skate FMP review and monitoring.
(a) Annual review and specifications process. The Council, its Skate Plan Development Team (PDT), and its
Skate Advisory Panel shall monitor the status of the fishery and the skate resources.
(1) The Skate PDT shall meet at least annually to review the status of the species in the skate complex.
At a minimum, this review shall include annual updates to survey indices, fishery landings and
discards; a re-evaluation of stock status based on the updated survey indices and the FMP's
overfishing definitions; and a determination of whether any of the accountability measures specified
under § 648.323 were triggered. The review shall also include an analysis of changes to other FMPs
(e.g., Northeast Multispecies, Monkfish, Atlantic Scallops, etc.) that may impact skate stocks, and
describe the anticipated impacts of those changes on the skate fishery.
(2) If new and/or additional information becomes available, the Skate PDT shall consider it during this
annual review. Based on this review, the Skate PDT shall provide guidance to the Skate Committee
and the Council regarding the need to adjust measures in the Skate FMP to better achieve the FMP's
objectives. After considering 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 framework process specified in § 648.321, or through an amendment to the FMP.
(3) For overfished skate species, the Skate PDT and the Council shall monitor the trawl survey index as a
proxy for stock biomass. As long as the 3-year average of the appropriate weight per tow increases
above the average for the previous 3 years, it is assumed that the stock is rebuilding to target levels.
If the 3-year average of the appropriate survey mean weight per tow declines below the average for
the previous 3 years, then the Council shall take management action to ensure that stock rebuilding
will achieve target levels.
(4) Based on the annual review described above and/or the Stock Assessment and Fishery Evaluation
(SAFE) Report described in paragraph (b) of this section, recommendations for acceptable biological
catch (ABC) from the Scientific and Statistical Committee, and any other relevant information, the
Skate PDT shall recommend to the Skate Committee and Council the following annual specifications
for harvest of skates: An annual catch limit (ACL) for the skate complex set less than or equal to
50 CFR 648.320(a)(4) (enhanced display)

page 595 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.320(a)(5)

ABC; an annual catch target (ACT) for the skate complex set less than or equal to 90 percent of the
ACL; and total allowable landings (TAL) necessary to meet the objectives of the FMP in each fishing
year (May 1-April 30), specified for a period of up to 2 fishing years.
(5) Recommended measures. The Skate PDT shall also recommend management measures to the Skate
Committee and Council to assure that the specifications are not exceeded. Recommended
measures should include, but are not limited to:
(i)

Possession limits in each fishery;

(ii) In-season possession limit triggers for the wing and/or bait fisheries;
(iii) Required adjustments to in-season possession limit trigger percentages or the ACL-ACT buffer,
based on the accountability measures specified at § 648.323; and
(iv) Changes, as appropriate, 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.
(6) Taking into account the annual review and/or SAFE Report described in paragraph (b) of this section,
the advice of the Scientific and Statistical Committee, and any other relevant information, the Skate
PDT may also recommend to the Skate 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 the skate complex and its
component species. These adjustments may be included in the Council's specifications for the skate
fisheries.
(7) Council recommendation. The Council shall review the recommendations of the Skate PDT, Skate
Committee, and Scientific and Statistical Committee, 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. The Council's recommendation must include supporting documentation, as appropriate,
concerning the environmental, economic, and social impacts of the recommendations. The Regional
Administrator shall consider the recommendations and publish a rule in the FEDERAL REGISTER
proposing specifications and associated measures, consistent with the Administrative Procedure
Act. 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. If the final
specifications are not published in the FEDERAL REGISTER for the start of the fishing year, the previous
year's specifications shall 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.
(b) Biennial SAFE Report —

50 CFR 648.320(b) (enhanced display)

page 596 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.320(b)(1)

(1) The Skate PDT shall prepare a biennial Stock Assessment and Fishery Evaluation (SAFE) Report for
the NE skate complex. The SAFE Report shall be the primary vehicle for the presentation of all
updated biological and socio-economic information regarding the NE skate 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) In any year in which a SAFE Report is not completed by the Skate 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.
[75 FR 34058, June 16, 2010, as amended at 80 FR 37199, June 30, 2015; 84 FR 4375, Feb. 15, 2019]

§ 648.321 Framework adjustment process.
(a) Adjustment process. To implement a framework adjustment for the Skate FMP, the Council shall develop
and analyze proposed actions over the span of at least two Council meetings (the initial meeting agenda
must include notification of the impending proposal for a framework adjustment) and provide advance
public notice of the availability of both the proposals and the analyses. Opportunity to provide written and
oral comments shall be provided throughout the process before the Council submits its
recommendations to the Regional Administrator.
(1) Council review and analyses. In response to the annual review, or at any other time, the Council may
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 Skate FMP. After a framework action has been
initiated, the Council shall develop and analyze appropriate management actions within the scope of
measures specified in paragraph (b) of this section. The Council shall publish notice of its intent to
take action and provide the public with any relevant analyses and opportunity to comment on any
possible actions. Documentation and analyses for the framework adjustment shall be available at
least 1 week before the final meeting.
(2) Council recommendation. After developing management actions and receiving public testimony, the
Council may make a recommendation to the Regional Administrator. The Council's recommendation
shall include supporting rationale, an analysis of impacts required under paragraph (a)(1) of this
section, and a recommendation to the Regional Administrator on whether to issue the management
measures as a final rule. If the Council recommends that the framework measures should be issued
directly as a final rule, without opportunity for public notice and comment, the Council shall 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 or to impose management
measures to resolve gear conflicts; and

50 CFR 648.321(a)(2)(iii) (enhanced display)

page 597 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.321(a)(2)(iv)

(iv) Whether there will be a continuing evaluation of management measures adopted following their
implementation as a final rule.
(3) The Regional Administrator may publish the recommended framework measures in the FEDERAL
REGISTER. If the Council's recommendation is first published as a proposed rule and the Regional
Administrator concurs with the Council's recommendation after receiving additional public
comment, the measures shall then be published as a final rule in the FEDERAL REGISTER.
(4) If the Regional Administrator approves the Council's recommendations, 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 recommendations does not preclude the
Secretary from deciding to provide additional opportunity for prior notice and comment in the
FEDERAL REGISTER.
(5) The Regional Administrator may approve, disapprove, or partially approve the Council's
recommendation. If the Regional Administrator does not approve the Council's specific
recommendation, the Regional Administrator must notify the Council in writing of the reasons for the
action prior to the first Council meeting following publication of such decision.
(b) Possible framework adjustment measures. Measures that may be changed or implemented through
framework action, provided that any corresponding management adjustments can also be implemented
through a framework adjustment, include:
(1) Skate permitting and reporting;
(2) Skate overfishing definitions and related targets and thresholds;
(3) Prohibitions on possession and/or landing of individual skate species;
(4) Skate possession limits;
(5) Skate closed areas (and consideration of exempted gears and fisheries);
(6) Seasonal skate fishery restrictions and specifications;
(7) Target TACs for individual skate species;
(8) Hard TACs/quotas for skates, including species-specific quotas, fishery quotas, and/or quotas for
non-directed fisheries;
(9) Establishment of a mechanism for TAC set-asides to conduct scientific research, or for other
reasons;
(10) Onboard observer requirements;
(11) Gear modifications, requirements, restrictions, and/or prohibitions;
(12) Minimum and/or maximum sizes for skates;
(13) Adjustments to exemption area requirements, area coordinates, and/or management lines
established by the FMP;
(14) Measures to address protected species issues, if necessary;
(15) Description and identification of EFH;
50 CFR 648.321(b)(15) (enhanced display)

page 598 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.321(b)(16)

(16) Description and identification of habitat areas of particular concern;
(17) Measures to protect EFH;
(18) OY and/or MSY specifications;
(19) Changes to the accountability measures described at § 648.323;
(20) Changes to TAL allocation proportions to the skate wing and bait fisheries;
(21) Changes to seasonal quotas in the skate bait or wing fisheries;
(22) Reduction of the baseline 25-percent ACL-ACT buffer to less than 25 percent;
(23) Changes to catch monitoring procedures; and
(24) Changes, as appropriate, 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.
(c) 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.
[75 FR 34059, June 16, 2010, as amended at 80 FR 37199, June 30, 2015]

§ 648.322 Skate allocation, possession, and landing provisions.
(a) Allocation of TAL.
(1) A total of 66.5 percent of the annual skate complex TAL shall be allocated to the skate wing fishery.
All skate products that are landed in wing form, for the skate wing market, or classified by Federal
dealers as food as required under § 648.7(a)(1)(i), shall count against the skate wing fishery TAL.
The annual skate wing fishery TAL shall be allocated in two seasonal quota periods as follows:
(i)

Season 1—May 1 through August 31, 57 percent of the annual skate wing fishery TAL shall be
allocated;

(ii) Season 2—September 1 through April 30, the remainder of the annual skate wing fishery TAL
not landed in Season 1 shall be allocated.
(2) A total of 33.5 percent of the annual TAL shall be allocated to the skate bait fishery. All skate
products that are landed for the skate bait market, or classified by Federal dealers as bait as required
under § 648.7(a)(1)(i), shall count against the skate bait fishery TAL. The annual skate bait fishery
TAL shall be allocated in three seasonal quota periods as follows:
(i)

Season 1-May 1 through July 31, 30.8 percent of the annual skate bait fishery TAL shall be
allocated;

(ii) Season 2-August 1 through October 31, 37.1 percent of the annual skate bait fishery TAL shall
be allocated; and
(iii) Season 3-November 1 through April 30, the remainder of the annual skate bait fishery TAL not
landed in Seasons 1 or 2 shall be allocated.
(b) Skate wing possession and landing limits —
(1) Vessels fishing under an Atlantic sea scallop, NE multispecies, or monkfish DAS.
50 CFR 648.322(b)(1) (enhanced display)

page 599 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

(i)

50 CFR 648.322(b)(1)(i)

A vessel or operator of a vessel that has been issued a valid Federal skate permit under this
part, and fishes under an Atlantic sea scallop, NE multispecies, or monkfish DAS as specified at
§§ 648.53, 648.82, and 648.92, respectively, unless otherwise exempted under § 648.80 or
paragraph (c) of this section, may fish for, possess, and/or land up to the allowable trip limits
specified as follows: Up to 4,000 lb (1,814 kg) of skate wings (9,080 lb (4,119 kg) whole weight)
per trip in Season 1 (May 1 through August 31), and 6,000 lb (2,722 kg) of skate wings (13,620
lb (6,178kg) whole weight) per trip in Season 2 (September 1 through April 30), or any prorated
combination of the allowable landing forms defined at paragraph (b)(5) of this section.

(ii) [Reserved]
(2) NE multispecies Category B DAS. A vessel fishing on a declared NE multispecies Category B DAS
described under § 648.85(b), is limited to no more than 275 lb (125 kg) of skate wings (624 lb (283
kg) whole weight) per trip, or any prorated combination of the allowable landing forms defined at
paragraph (b)(5) of this section. These vessels may not possess or land any prohibited skate
species (see § 648.14(v)(2) and paragraph (g) of this section).
(3) In-season adjustment of skate wing possession limits. The Regional Administrator has the authority,
through a notice in the FEDERAL REGISTER consistent with the Administrative Procedure Act, to reduce
the skate wing possession limit to 500 lb (227 kg) of skate wings, 1,135 lb (515 kg) whole weight, or
any prorated combination of the allowable landing forms defined at paragraph (b)(5) of this section
for the remainder of the applicable quota season. The in-season adjustment of skate wing
possession limits will be implemented under the following circumstances:
(i)

When 85 percent of the Season 1 skate wing quota is projected to be landed between May 1
and August 17, the Regional Administrator shall reduce the skate wing possession limit to the
incidental level described in paragraph (b)(3) of this section.

(ii) When 85 percent of the Season 1 skate wing quota is projected to be landed between August
18 and August 31, the Regional Administrator may reduce the skate wing possession limit to
the incidental level described in paragraph (b)(3) of this section.
(iii) When 85 percent of the annual skate wing fishery TAL is projected to be landed in Season 2, the
Regional Administrator may reduce the skate wing possession limit to the incidental level
described in paragraph (b)(3) of this section, unless such a reduction would be expected to
prevent attainment of the annual TAL.
(4) Incidental possession limit for vessels not under a DAS. A vessel issued a Federal skate permit that is
not fishing under an Atlantic sea scallop, NE multispecies, or monkfish DAS as specified at §§
648.53, 648.82, and 648.92, respectively, or is a limited access multispecies vessel participating in
an approved sector described under § 648.87 but not fishing on one of the DAS specified at §
648.53, § 648.82, or § 648.92, may retain up to 625 lb (283 kg) of skate wings or 1419 lb (644 kg) of
whole skate, or any prorated combination of the allowable landing forms defined at paragraph (b)(5)
of this section. These vessels may not possess or land any prohibited skate species (see §
648.14(v)(2) and paragraph (g) of this section).
(5) Allowable forms of skate landings. Except for vessels fishing under a skate bait letter of authorization
as specified at paragraph (c) of this section, a vessel may possess and/or land skates as wings only
(wings removed from the body of the skate and the remaining carcass discarded), wings with
associated carcasses possessed separately (wings removed from the body of the skate but the
associated carcass retained on board the vessel), or in whole (intact) form, or any combination of
the three, provided that the weight of the skate carcasses on board the vessel does not exceed 1.27
50 CFR 648.322(b)(5) (enhanced display)

page 600 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.322(c)

times the weight of skate wings on board. When any combination of skate wings, carcasses, and
whole skates are possessed and/or landed, the applicable possession or landing limit shall be based
on the whole weight limit, in which any wings are converted to whole weight using the wing to whole
weight conversion factor of 2.27. For example, if the vessel possesses 100 lb (45.4 kg) of skate
wings, the whole weight equivalent would be 227 lb (103.0 kg) of whole skates (100 lb (45.4 kg) ×
2.27), and the vessel could possess up to 127 lb (57.6 kg) of skate carcasses (100 lb (45.4 kg) of
skate wings × 1.27). A vessel may not possess and/or land skate carcasses and only whole skates.
(c) Bait Letter of Authorization (LOA). A skate vessel owner or operator under this part may request and
receive from the Regional Administrator an exemption from the skate wing possession limit restrictions
for a minimum of 7 consecutive days, provided that when the vessel is fishing pursuant to the terms of
authorization at least the following requirements and conditions are met:
(1) The vessel owner or operator obtains and retains onboard the vessel a valid LOA. LOAs are available
upon request from the Regional Administrator.
(2) The vessel owner or operator fishes for, possesses, or lands skates only for use as bait.
(3) The vessel owner or operator possesses or lands no more than 25,000 lb (11,340 kg) of whole
skates per trip.
(4) The vessel owner or operator possesses or lands only whole skates less than 23 inches (58.42 cm)
total length, and does not possess or land any skate wings.
(5) Vessels that choose to possess or land skate wings during the participation period of this letter of
authorization must comply with possession limit restrictions under paragraph (b) of this section for
all skates or skate parts on board. Vessels possessing skate wings in compliance with the
possession limit restrictions under paragraph (b) of this section may fish for, possess, or land skates
for uses other than bait.
(6) The vessel owner or operator complies with the transfer at sea requirements at § 648.13(h).
(d) In-season adjustment of skate bait possession limits. When the Regional Administrator projects that 90
percent of the skate bait fishery seasonal quota has been landed in Seasons 1 or 2, or 80 percent of the
annual skate bait fishery TAL has been landed, the Regional Administrator shall, through a notice in the
FEDERAL REGISTER consistent with the Administrative Procedure Act, reduce the skate bait trip limit to 8,000
lb (3,629 kg) of whole skates for the remainder of the quota period, unless such a reduction would be
expected to prevent attainment of the seasonal quota or annual TAL.
(e) In-season closure of skate bait fishery. When the Regional Administrator projects that 100 percent of the
skate bait fishery TAL will be landed, the Regional Administrator shall, through a notice in the FEDERAL
REGISTER consistent with the Administrative Procedure Act, close the skate bait fishery, unless such a
closure would be expected to prevent attainment of the annual TAL. During a skate bait fishery closure all
skate bait LOAs as described in paragraph (c) of this section are void. All skates harvested and landed
during a skate bait fishery closure will be attributed towards the skate-wing TAL as described in this
section.
(f) Removal of in-season possession limit reductions. If it is determined that an in-season trip limit reduction
as described in paragraphs (d) and (e) of this section could prohibit the skate bait fishery from achieving
its annual TAL, the in-season possession limit reduction may be removed.
(g) Prohibitions on possession of skates. A vessel fishing in the EEZ portion of the Skate Management Unit
may not:
50 CFR 648.322(g) (enhanced display)

page 601 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.322(g)(1)

(1) Retain, possess, or land thorny skates taken in or from the EEZ portion of the Skate Management
Unit.
(2) Retain, possess, or land barndoor skates taken in or from the EEZ portion of the Skate Management
Unit when fishing under a bait letter of authorization as described in paragraph (c) of this section.
[75 FR 34060, June 16, 2010, as amended at 76 FR 28331, May 17, 2011; 77 FR 25100, Apr. 27, 2012; 81 FR 54747, Aug. 17, 2016;
83 FR 6135, Feb. 13, 2018; 83 FR 48988, Sept. 28, 2018; 85 FR 23242, Apr. 27, 2020; 89 FR 58079, July 17, 2024]

§ 648.323 Accountability measures.
(a) TAL overages. If the skate wing fishery TAL or skate bait fishery TAL is determined to have been exceeded
by more than 5 percent in any given year based upon, but not limited to, available landings information,
the Regional Administrator shall reduce the in-season possession limit trigger for that fishery, as specified
at § 648.322(b) and (d), in the next fishing year by 1 percent for each 1 percent of TAL overage, consistent
with the Administrative Procedure Act.
(b) ACL overages.
(1) If the ACL is determined to have been exceeded in any given year, based upon, but not limited to,
available landings and discard information, the percent buffer between ACL and ACT shall be
increased by 1 percent for each 1-percent ACL overage in the second fishing year following the
fishing year in which the ACL overage occurred, through either the specifications or framework
adjustment process described under §§ 648.320 and 648.321.
(2) If the Council fails to initiate action to correct an ACL overage through the specifications or
framework adjustment process, consistent with paragraph (b)(1) of this section, the Regional
Administrator shall implement the required adjustment, as described under paragraph (b)(1) of this
section, consistent with the Administrative Procedure Act.
[75 FR 34061, June 16, 2010, as amended at 84 FR 4376, Feb. 15, 2019]

Subpart P—Mid-Atlantic Forage Species
Source: 82 FR 40733, Aug. 28, 2017, unless otherwise noted.

§ 648.350 Mid-Atlantic forage species landing limits.
(a) Mid-Atlantic forage species. There is no annual landing limit for Mid-Atlantic forage species, as defined at
§ 648.2.
(b) [Reserved]
[82 FR 40733, Aug. 28, 2017, as amended at 85 FR 47117, Aug. 4, 2020]

§ 648.351 Mid-Atlantic forage species possession limits.
(a) Mid-Atlantic forage species. Unless otherwise prohibited in § 648.80, a vessel issued a valid commercial
permit in accordance with § 648.4 may fish for, possess, and land up to 1,700 lb (771.11 kg) of all MidAtlantic forage species combined per trip in or from the EEZ portion of the Mid-Atlantic Forage Species
50 CFR 648.351(a) (enhanced display)

page 602 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.351(b)

Management Unit, as defined in paragraph (b) of this section. A vessel not issued a permit in accordance
with § 648.4 that is fishing exclusively in state waters is exempt from the possession limits specified in
this section.
(b) Mid-Atlantic Forage Species Management Unit. The Mid-Atlantic Forage Species Management Unit is the
area of the Atlantic Ocean that is bounded on the southeast by the outer limit of the U.S. EEZ; bounded on
the south by 35°15.3′ N lat. (the approximate latitude of Cape Hatteras, NC); bounded on the west and
north by the coastline of the United States; and bounded on the northeast by the following points,
connected in the order listed by straight lines:

Point

Latitude

Longitude

1

40°59.32′ N

73°39.62′ W

2

40°59.02′ N

73°39.41′ W

3

40°57.05′ N

73°36.78′ W

4

40°57.87′ N

73°32.85′ W

5

40°59.78′ N

73°23.70′ W

6

41°1.57′ N

73°15.00′ W

7

41°3.40′ N

73°6.10′ W

8

41°4.65′ N

73°0.00′ W

9

41°6.67′ N

72°50.00′ W

10

41°8.69′ N

72°40.00′ W

11

41°10.79′ N

72°29.45′ W

12

41°12.22′ N

72°22.25′ W

13

41°13.57′ N

72°15.38′ W

14

41°14.94′ N

72°8.35′ W

15

41°15.52′ N

72°5.41′ W

16

41°17.43′ N

72°1.18′ W

17

41°18.62′ N

71°55.80′ W

18

41°18.27′ N

71°54.47′ W

19

41°10.31′ N

71°46.44′ W

20

41°2.35′ N

71°38.43′ W

21

40°54.37′ N

71°30.45′ W

22

40°46.39′ N

71°22.51′ W

23

40°38.39′ N

71°14.60′ W

24

40°30.39′ N

71°6.72′ W

25

40°22.38′ N

70°58.87′ W

26

40°14.36′ N

70°51.05′ W

27

40°6.33′ N

70°43.27′ W

28

39°58.29′ N

70°35.51′ W

29

39°50.24′ N

70°27.78′ W

30

39°42.18′ N

70°20.09′ W

* Point 43 falls on the U.S. EEZ.

50 CFR 648.351(b) (enhanced display)

page 603 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.351(c)

Latitude

Longitude

31

39°34.11′ N

70°12.42′ W

32

39°26.04′ N

70°4.78′ W

33

39°17.96′ N

69°57.18′ W

34

39°9.86′ N

69°49.6′ W

35

39°1.77′ N

69°42.05′ W

36

38°53.66′ N

69°34.53′ W

37

38°45.54′ N

69°27.03′ W

38

38°37.42′ N

69°19.57′ W

39

38°29.29′ N

69°12.13′ W

40

38°21.15′ N

69°4.73′ W

41

38°13.00′ N

68°57.35′ W

42

38°4.84′ N

68°49.99′ W

43 *

38°2.21′ N

68°47.62′ W

* Point 43 falls on the U.S. EEZ.

(c) Transiting. Any vessel issued a valid permit in accordance with § 648.4 may transit the Mid-Atlantic
Forage Species Management Unit, as defined in paragraph (b) of this section, with an amount of MidAtlantic forage species on board that exceeds the possession limits specified in paragraph (a) of this
section to land in a port in a state that is outside of the Mid-Atlantic Forage Species Management Unit,
provided that those species were harvested outside of the Mid-Atlantic Forage Species Management Unit
and that all gear is stowed and not available for immediate use as defined in § 648.2.
(d) Transiting. Any vessel issued a valid permit in accordance with § 648.4 may transit the Mid-Atlantic
Forage Species Management Unit, as defined in paragraph (c) of this section, with an amount of MidAtlantic forage species or Atlantic chub mackerel on board that exceeds the possession limits specified
in paragraphs (a) and (b) of this section, respectively, to land in a port in a state that is outside of the MidAtlantic Forage Species Management Unit, provided that those species were harvested outside of the
Mid-Atlantic Forage Species Management Unit and that all gear is stowed and not available for immediate
use as defined in § 648.2. The transitting provisions specified in this paragraph (d) for a vessel
possessing Atlantic chub mackerel are effective through December 31, 2020.
[82 FR 40733, Aug. 28, 2017, as amended at 85 FR 47117, Aug. 4, 2020]

§ 648.352 Mid-Atlantic forage species framework measures.
(a) General. The MAFMC may, at any time, initiate action to add or revise management measures if it finds
that action is necessary to meet or be consistent with the goals and objectives of the Atlantic Mackerel,
Squid, and Butterfish FMP; the Atlantic Surfclam and Ocean Quahog FMP; the Summer Flounder, Scup,
and Black Sea Bass FMP; the Atlantic Bluefish FMP; the Spiny Dogfish FMP; and Tilefish FMPs.
(b) Adjustment process. The MAFMC shall develop and analyze appropriate management actions over the
span of at least two MAFMC meetings. The MAFMC must provide the public with advance notice of the
availability of the recommendation(s), appropriate justification(s) and economic and biological analyses,
50 CFR 648.352(b) (enhanced display)

page 604 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.352(c)

and the opportunity to comment on the proposed adjustment(s) at its first meeting, prior to its second
meeting, and at its second meeting. The MAFMC's recommendations on adjustments or additions to
management measures must come from one or more of the following categories: The list of Mid-Atlantic
forage species, possession limits, annual landing limits, and any other measure currently included in the
applicable FMPs specified in paragraph (a) of this section. Issues that require significant departures from
previously contemplated measures or that are otherwise introducing new concepts may require an
amendment of the FMPs instead of a framework adjustment.
(c) MAFMC recommendation. See § 648.110(a)(2).
(d) NMFS action. See § 648.110(a)(3).
(e) Emergency actions. See § 648.110(a)(4).

Subpart Q—Habitat-Related Management Measures
Source: 83 FR 15275, Apr. 9, 2018, unless otherwise noted.

§ 648.370 Habitat Management Areas.
Unless otherwise specified, no fishing vessel or person on a fishing vessel may fish with bottom-tending mobile
gear in the areas defined in this section. Copies of charts depicting these areas are available from the Regional
Administrator upon request.
(a) Eastern Maine Habitat Management Area. The Eastern Maine HMA is bounded on the northwest by the
outer limit of Maine state waters, and bounded on all other sides by straight lines connecting the
following points in the order stated:

EASTERN MAINE HMA
Point
EMH1

1

N latitude

W longitude

44°07.65′ N

68°10.64′ W

EMH2

44°02.50′ N

68°06.10′ W

EMH3

43°51.00′ N

68°33.90′ W

1

Points 1 and 4 are intended to fall along the outer limit of Maine state waters.

50 CFR 648.370(a) (enhanced display)

page 605 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.370(b)

Point
EMH4
1

N latitude

1

W longitude

43°56.62′ N

68°38.12′ W

Points 1 and 4 are intended to fall along the outer limit of Maine state waters.

(b) Jeffreys Bank Habitat Management Area. The Jeffreys Bank HMA is defined by straight lines connecting
the following points in the order stated:

JEFFREYS BANK HMA
Point

N latitude

W longitude

JBH1

43°31′ N

68°37′ W

JBH2

43°20′ N

68°37′ W

JBH3

43°20′ N

68°55′ W

JBH4

43°31′ N

68°55′ W

JBH1

43°31′ N

68°37′ W

(c) Cashes Ledge Habitat Management Area. The Cashes Ledge HMA is defined by straight lines connecting
the following points in the order stated:

CASHES LEDGE HMA
Point

N latitude

W longitude

CLH1

43°01.0′ N

69°00.0′ W

CLH2

43°01.0′ N

68°52.0′ W

CLH3

42°45.0′ N

68°52.0′ W

CLH4

42°45.0′ N

69°00.0′ W

50 CFR 648.370(c) (enhanced display)

page 606 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
CLH1

50 CFR 648.370(d)

N latitude
43°01.0′ N

W longitude
69°00.0′ W

(d) Fippennies Ledge Habitat Management Area. The Fippennies Ledge HMA is defined by straight lines
connecting the following points in the order stated:

FIPPENNIES LEDGE HMA
Point

N latitude

W longitude

FLH1

42°50.0′ N

69°17.0′ W

FLH2

42°44.0′ N

69°14.0′ W

FLH3

42°44.0′ N

69°18.0′ W

FLH4

42°50.0′ N

69°21.0′ W

FLH1

42°50.0′ N

69°17.0′ W

(e) Ammen Rock Habitat Management Area.
(1) The Ammen Rock HMA is defined by straight lines connecting the following points in the order
stated:

AMMEN ROCK HMA
Point

N latitude

W longitude

ARH1

42°55.5′ N

68°57.0′ W

ARH2

42°52.5′ N

68°55.0′ W

ARH3

42°52.5′ N

68°57.0′ W

ARH4

42°55.5′ N

68°59.0′ W

ARH1

42°55.5′ N

68°57.0′ W

(2) No fishing vessel, including private and for-hire recreational fishing vessels, may fish in the Ammen
Rock HMA, except for vessels fishing exclusively with lobster traps, as defined in § 697.2.
(f) Western Gulf of Maine Habitat Management Area —

50 CFR 648.370(f) (enhanced display)

page 607 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.370(f)(1)

(1) Coordinates. The Western GOM HMA is defined by the straight lines connecting the following points
in the order stated:

TABLE 6 TO PARAGRAPH (f)(1)—WESTERN GULF OF MAINE HMA
Point

N latitude

W longitude

WGMH1

43°15′ N

70°15′ W

WGMH2

42°15′ N

70°15′ W

WGMH3

42°15′ N

70°00′ W

WGMH4

43°15′ N

70°00′ W

WGMH1

43°15′ N

70°15′ W

(2) Western Gulf of Maine Shrimp Exemption Area. Vessels fishing with shrimp trawls under the Small
Mesh Northern Shrimp Fishery Exemption specified at § 648.80(a)(5) may fish within the Western
Gulf of Maine HMA Shrimp Exemption Area which is defined by the straight lines connecting the
following points in the order stated:

WESTERN GULF OF MAINE SHRIMP EXEMPTION AREA
Point

N latitude

W longitude

SEA1

43°15′ N

70° W

SEA2

43°13′ N

70° W

SEA3

43°13′ N

70°05′ W

SEA4

43°09′ N

70°05′ W

SEA5

43°09′ N

70°08′ W

SEA6

42°55′ N

70°08′ W

SEA7

42°55′ N

70°15′ W

SEA8

43°15′ N

70°15′ W

50 CFR 648.370(f)(2) (enhanced display)

page 608 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
SEA1

50 CFR 648.370(g)

N latitude

W longitude

43°15′ N

70° W

(g) Closed Area II Habitat Closure Area. The Closed Area II Habitat Closure Area is defined by the straight
lines, except where otherwise noted, connecting the following points in the order stated:

CLOSED AREA II HABITAT CLOSURE AREA
Point

N latitude

W longitude

Notes

CIIH1

42°10′ N

67°20′ W

CIIH2

42°10′ N

67°9.38′ W

( 1 2)

CIIH3

42°00′ N

67°0.63′ W

( 2 3)

CIIH4

42°00′ N

67°10′ W

CIIH5

41°50′ N

67°10′ W

CIIH6

41°50′ N

67°20′ W

CIIH1

42°10′ N

67°20′ W

1

Point CIIH2 represents the intersection of 42°10′ N lat. and the U.S.-Canada Maritime Boundary.

2

From Point CIIH2 to Point CIIH3 along the U.S.-Canada Maritime Boundary.

3

Point CIIH3 represents the intersection of 42°00′ N lat. and the U.S.-Canada maritime Boundary.

(h) Great South Channel Habitat Management Area.
(1) Coordinates. The Great South Channel HMA is defined by the straight lines connecting the following
points in the order stated:

GREAT SOUTH CHANNEL HMA
Point

N latitude

W longitude

GSCH1

41°30.3′ N

69°31.0′ W

GSCH2

41°0.00′ N

69°18.5′ W

GSCH3

40°51.7′ N

69°18.5′ W

GSCH4

40°51.6′ N

69°48.9′ W

GSCH5

41°30.2′ N

69°49.3′ W

50 CFR 648.370(h)(1) (enhanced display)

page 609 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.370(h)(2)

Point
GSCH1

N latitude

W longitude

41°30.3′ N

69°31.0′ W

(2) Atlantic Surfclam and Mussel Dredge Exemption Areas.
(i)

Dredge Exemption Area Requirements. A vessel may fish in one or more of the Dredge
Exemption Areas below, provided the area is open and the vessel meets the following
requirements:
(A) Holds a federal Atlantic surfclam vessel permit.
(B) Has been issued a Letter of Authorization to fish in the Great South Channel HMA from the
Regional Administrator.
(C) Has a NMFS-approved VMS unit capable of automatically transmitting a signal indicating
the vessel's accurate position at least once every 5 minutes while in or near the Great
South Channel HMA.
(D) Declares each trip into the HMA through the VMS and fishes exclusively inside HMA
dredge exemption areas on such trips.
(E) When fishing for surfclams in an HMA exemption area, uses only hydraulic clam dredge
gear.
(F) When fishing for blue mussels in an HMA exemption area, 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 possess, or land any species of fish other than blue mussels.

(ii) McBlair Dredge Exemption Area.
(A) The McBlair Dredge Exemption Area is defined by the following points connected in the
order listed by straight lines:

MCBLAIR DREDGE EXEMPTION AREA
Point

Longitude

Latitude

1

69°49.255′ W

41°25.878′ N

2

69°46.951′ W

41°25.878′ N

3

69°46.951′ W

41°19.34′ N

4

69°49.187′ W

41°19.34′ N

1

69°49.255′ W

41°25.878′ N

(B) The McBlair Dredge Exemption Area is open year-round.
50 CFR 648.370(h)(2)(ii)(B) (enhanced display)

page 610 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.370(h)(2)(iii)

(iii) Old South Dredge Exemption Area.
(A) The Old South Dredge Exemption Area is defined by the following points connected in the
order listed by straight lines:

OLD SOUTH DREDGE EXEMPTION AREA
Point

Longitude

Latitude

1

69°47′ W

41°15′ N

2

69°44′ W

41°15′ N

3

69°44.22′ W

41°10.432′ N

4

69°45′ W

41°7′ N

5

69°47′ W

41°7′ N

6

69°47′ W

41°11′ N

7

69°49.101′ W

41°11′ N

8

69°49.116′ W

41°12.5′ N

9

69°47′ W

41°12.5′ N

1

69°47′ W

41°15′ N

(B) The Old South Dredge Exemption Area is open from May 1-October 31, and closed to all
mobile bottom-tending gear November 1-April 30.
(iv) Fishing Rip Dredge Exemption Area.
(A) The Fishing Rip Dredge Exemption Area is defined by the following points connected in the
order listed by straight lines:

FISHING RIP DREDGE EXEMPTION AREA
Point

Longitude

Latitude

1

69°28.829′ W

41°10.963′ N

2

69°27.106′ W

41°10.485′ N

3

69°29.311′ W

41°6.699′ N

4

69°27.034′ W

41°6.609′ N

5

69°27.376′ W

41°3.198′ N

6

69°29.905′ W

41°1.297′ N

7

69°32.579′ W

41°5.368′ N

8

69°31.193′ W

41°7.356′ N

50 CFR 648.370(h)(2)(iv)(A) (enhanced display)

page 611 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
1

50 CFR 648.370(h)(2)(iv)(B)

Longitude
69°28.829′ W

Latitude
41°10.963′ N

(B) The Fishing Rip Dredge Exemption Area is open year-round.
(i)

Transiting. Unless otherwise restricted, a vessel may transit the habitat management areas described in
this section provided that its gear is stowed and not available for immediate use as defined in § 648.2.

(j)

Other habitat protection measures. The Inshore Gulf of Maine/Georges Bank Restricted Roller Gear Area
described in § 648.80(a)(3)(vii) is considered a habitat protection measure and the restrictions outlined in
that section apply to all bottom trawl gear.

(k) Review of habitat management measures. The New England Fishery Management Council will develop a
strategic process to evaluate the boundaries, scope, characteristics, and timing of habitat and spawning
protection areas to facilitate review of these areas at 10-year intervals.
[83 FR 15275, Apr. 9, 2018, as amended at 85 FR 29876, May 19, 2020; 88 FR 17402, Mar. 23, 2023]

§ 648.371 Dedicated Habitat Research Areas.
(a) Dedicated Habitat Research Area (DHRA) topics. The areas defined in this section are intended to facilitate
coordinated research on gear impacts, habitat recovery, natural disturbance, and productivity.
(b) Stellwagen Dedicated Habitat Research Area.
(1) The Stellwagen DHRA is defined by the straight lines connecting the following points in the order
stated:

STELLWAGEN DHRA
Point

N latitude

W longitude

SDHRA1

42°15.0′ N

70°00.0′ W

SDHRA2

42°15.0′ N

70°15.0′ W

SDHRA3

42°45.2′ N

70°15.0′ W

SDHRA4

42°46.0′ N

70°13.0′ W

SDHRA5

42°46.0′ N

70°00.0′ W

SDHRA1

42°15.0′ N

70°00.0′ W

(2) Vessels fishing with bottom-tending mobile gear, sink gillnet gear, or demersal longline gear are
prohibited from fishing in the Stellwagen DHRA, unless otherwise exempted.
(c) Georges Bank Dedicated Habitat Research Area.
50 CFR 648.371(c) (enhanced display)

page 612 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.371(c)(1)

(1) The Georges Bank DHRA is defined by straight lines connecting the following points in the order
stated:

GEORGES BANK DHRA
Point

Latitude

Longitude

GBDHRA1

40°54.95′ N

68°53.37′ W

GBDHRA2

40°58′ N

68°30′ W

GBDHRA3

40°45′ N

68°30′ W

GBDHRA4

40°45′ N

68°45′ W

(2) Vessels fishing with bottom-tending mobile gear are prohibited from fishing in the Georges Bank
DHRA, unless otherwise exempted.
(d) Transiting. Unless otherwise restricted or specified in this paragraph (d), a vessel may transit the
Dedicated Habitat Research Areas of this section provided that its prohibited gear is stowed and not
available for immediate use as defined in § 648.2.
(e) Dedicated Habitat Research Areas review.
(1) The Regional Administrator shall initiate a review of the DHRAs defined in this section three years
after implementation.
(2) After initiation of the review and consultation with the New England Fishery Management Council,
the Regional Administrator may remove a DHRA. The following criteria will be used to determine if
DHRA should be maintained:
(i)

Documentation of active and ongoing research in the DHRA area, in the form of data records,
cruise reports or inventory samples with analytical objectives focused on the DHRA topics,
described in paragraph (a) of this section; and

(ii) Documentation of pending or approved proposals or funding requests (including ship time
requests), with objectives specific to the DHRA topics, described in paragraph (a) of this
section.
(3) The Regional Administrator will make any such determination in accordance with the APA through
notification in the FEDERAL REGISTER.
(f) Jordan Basin Dedicated Habitat Research Area.

50 CFR 648.371(f) (enhanced display)

page 613 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.371(f)(1)

(1) The Jordan Basin DHRA is defined by the following coordinates, connected in the order listed by
straight lines:

TABLE 3 TO PARAGRAPH (f)(1)
Point

Longitude

Latitude

DHRA1

−67°51.38′

43°27.47′

DHRA2

−67°47.38′

43°27.46′

DHRA3

−67°47.18′

43°16.92′

DHRA4

−67°51.05′

43°17.05′

DHRA1

−67°51.38′

43°27.47′

(2) Fishing vessels, regardless of gear type, may fish within the Jordan Basin DHRA.
[83 FR 15275, Apr. 9, 2018, as amended at 86 FR 33558, June 25, 2021]

§ 648.372 Frank R. Lautenberg Deep-Sea Coral Protection Area.
(a) Restrictions. No vessel may fish with bottom-tending gear within the Frank R. Lautenberg Deep-Sea Coral
Protection Area described in this section, unless transiting pursuant to paragraph (d) of this section,
fishing lobster trap gear in accordance with § 697.21 of this chapter, or fishing red crab trap gear in
accordance with § 648.264. Bottom-tending gear includes but is not limited to bottom-tending otter
trawls, bottom-tending beam trawls, hydraulic dredges, non-hydraulic dredges, bottom-tending seines,
bottom longlines, pots and traps, and sink or anchored gillnets. The Frank R. Lautenberg Deep-Sea Coral
Protection Area consists of the Broad and Discrete Deep-Sea Coral Zones defined in paragraphs (b) and
(c) of this section.
(b) Broad Deep-Sea Coral Zone. The Broad Deep-Sea Coral Zone is bounded on the east by the outer limit of
the U.S. Exclusive Economic Zone, and bounded on all other sides by straight lines connecting the
following points in the order stated (copies of a chart depicting this area are available from the Regional
Administrator upon request). An asterisk (*) in the Discrete Zone column means the point is shared with a
Discrete Deep-Sea Coral Zone, as defined in paragraph (c) of this section.

BROAD ZONE
Point

Latitude

Longitude

1

36°33.02′ N

71°29.33′ W

2

36°33.02′ N

72°00′ W

3

36°33.02′ N

73°00′ W

50 CFR 648.372(b) (enhanced display)

Discrete zone

page 614 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

Latitude

50 CFR 648.372(b)

Longitude

Discrete zone

4

36°33.02′ N

74°00′ W

5

36°33.02′ N

74°42.14′ W

6

36°34.44′ N

74°42.23′ W

7

36°35.53′ N

74°41.59′ W

8

36°37.69′ N

74°41.51′ W

9

36°42.09′ N

74°39.07′ W

10

36°45.18′ N

74°38′ W

11

36°45.69′ N

74°38.55′ W

12

36°49.17′ N

74°38.31′ W

13

36°49.56′ N

74°37.77′ W

14

36°51.21′ N

74°37.81′ W

15

36°51.78′ N

74°37.43′ W

16

36°58.51′ N

74°36.51′ W

(*)

17

36°58.62′ N

74°36.97′ W

(*)

18

37°4.43′ N

74°41.03′ W

(*)

19

37°5.83′ N

74°45.57′ W

(*)

20

37°6.97′ N

74°40.8′ W

(*)

21

37°4.52′ N

74°37.77′ W

(*)

22

37°4.02′ N

74°33.83′ W

(*)

23

37°4.52′ N

74°33.51′ W

(*)

24

37°4.4′ N

74°33.11′ W

(*)

25

37°7.38′ N

74°31.95′ W

26

37°8.32′ N

74°32.4′ W

27

37°8.51′ N

74°31.38′ W

28

37°9.44′ N

74°31.5′ W

29

37°16.83′ N

74°28.58′ W

30

37°17.81′ N

74°27.67′ W

31

37°18.72′ N

74°28.22′ W

32

37°22.74′ N

74°26.24′ W

(*)

33

37°22.87′ N

74°26.16′ W

(*)

34

37°24.44′ N

74°28.57′ W

(*)

35

37°24.67′ N

74°29.71′ W

(*)

36

37°25.93′ N

74°30.13′ W

(*)

37

37°27.25′ N

74°30.2′ W

(*)

38

37°28.6′ N

74°30.6′ W

(*)

39

37°29.43′ N

74°30.29′ W

(*)

40

37°29.53′ N

74°29.95′ W

(*)

41

37°27.68′ N

74°28.82′ W

(*)

42

37°27.06′ N

74°28.76′ W

(*)

50 CFR 648.372(b) (enhanced display)

page 615 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

Latitude

50 CFR 648.372(b)

Longitude

Discrete zone

43

37°26.39′ N

74°27.76′ W

(*)

44

37°26.3′ N

74°26.87′ W

(*)

45

37°25.69′ N

74°25.63′ W

(*)

46

37°25.83′ N

74°24.22′ W

(*)

47

37°25.68′ N

74°24.03′ W

(*)

48

37°28.04′ N

74°23.17′ W

49

37°27.72′ N

74°22.34′ W

50

37°30.13′ N

74°17.77′ W

51

37°33.83′ N

74°17.47′ W

52

37°35.48′ N

74°14.84′ W

53

37°36.99′ N

74°14.01′ W

54

37°37.23′ N

74°13.02′ W

55

37°42.85′ N

74°9.97′ W

56

37°43.5′ N

74°8.79′ W

57

37°45.22′ N

74°9.2′ W

58

37°45.15′ N

74°7.24′ W

(*)

59

37°45.88′ N

74°7.44′ W

(*)

60

37°46.7′ N

74°5.98′ W

(*)

61

37°49.62′ N

74°6.03′ W

(*)

62

37°51.25′ N

74°5.48′ W

(*)

63

37°51.99′ N

74°4.51′ W

(*)

64

37°51.37′ N

74°3.3′ W

(*)

65

37°50.63′ N

74°2.69′ W

(*)

66

37°49.62′ N

74°2.28′ W

(*)

67

37°50.28′ N

74°0.67′ W

(*)

68

37°53.68′ N

73°57.41′ W

(*)

69

37°55.07′ N

73°57.27′ W

(*)

70

38°3.29′ N

73°49.1′ W

(*)

71

38°6.19′ N

73°51.59′ W

(*)

72

38°7.67′ N

73°52.19′ W

(*)

73

38°9.04′ N

73°52.39′ W

(*)

74

38°10.1′ N

73°52.32′ W

(*)

75

38°11.98′ N

73°52.65′ W

(*)

76

38°13.74′ N

73°50.73′ W

(*)

77

38°13.15′ N

73°49.77′ W

(*)

78

38°10.92′ N

73°50.37′ W

(*)

79

38°10.2′ N

73°49.63′ W

(*)

80

38°9.26′ N

73°49.68′ W

(*)

81

38°8.38′ N

73°49.51′ W

(*)

50 CFR 648.372(b) (enhanced display)

page 616 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

Latitude

50 CFR 648.372(b)

Longitude

Discrete zone

82

38°7.59′ N

73°47.91′ W

(*)

83

38°6.96′ N

73°47.25′ W

(*)

84

38°6.51′ N

73°46.99′ W

(*)

85

38°5.69′ N

73°45.56′ W

(*)

86

38°6.35′ N

73°44.8′ W

(*)

87

38°7.5′ N

73°45.2′ W

(*)

88

38°9.24′ N

73°42.61′ W

(*)

89

38°9.41′ N

73°41.63′ W

90

38°15.13′ N

73°37.58′ W

91

38°15.25′ N

73°36.2′ W

(*)

92

38°16.19′ N

73°36.91′ W

(*)

93

38°16.89′ N

73°36.66′ W

(*)

94

38°16.91′ N

73°36.35′ W

(*)

95

38°17.63′ N

73°35.35′ W

(*)

96

38°18.55′ N

73°34.44′ W

(*)

97

38°18.38′ N

73°33.4′ W

(*)

98

38°19.04′ N

73°33.02′ W

(*)

99

38°25.08′ N

73°34.99′ W

(*)

100

38°26.32′ N

73°33.44′ W

(*)

101

38°29.72′ N

73°30.65′ W

(*)

102

38°28.65′ N

73°29.37′ W

(*)

103

38°25.53′ N

73°30.94′ W

(*)

104

38°25.26′ N

73°29.97′ W

(*)

105

38°23.75′ N

73°30.16′ W

(*)

106

38°23.47′ N

73°29.7′ W

(*)

107

38°22.76′ N

73°29.34′ W

(*)

108

38°22.5′ N

73°27.63′ W

(*)

109

38°21.59′ N

73°26.87′ W

(*)

110

38°23.07′ N

73°24.11′ W

111

38°25.83′ N

73°22.39′ W

112

38°25.97′ N

73°21.43′ W

113

38°34.14′ N

73°11.14′ W

(*)

114

38°35.1′ N

73°10.43′ W

(*)

115

38°35.94′ N

73°11.25′ W

(*)

116

38°37.57′ N

73°10.49′ W

(*)

117

38°37.21′ N

73°9.41′ W

(*)

118

38°36.72′ N

73°8.85′ W

(*)

119

38°43′ N

73°1.24′ W

(*)

120

38°43.66′ N

73°0.36′ W

(*)

50 CFR 648.372(b) (enhanced display)

page 617 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.372(b)

Latitude

Longitude

Discrete zone

121

38°45′ N

73°0.27′ W

(*)

122

38°46.68′ N

73°1.07′ W

(*)

123

38°47.54′ N

73°2.24′ W

(*)

124

38°47.84′ N

73°2.24′ W

(*)

125

38°49.03′ N

73°1.53′ W

(*)

126

38°48.45′ N

73°1′ W

(*)

127

38°49.15′ N

72°58.98′ W

(*)

128

38°48.03′ N

72°56.7′ W

(*)

129

38°49.84′ N

72°55.54′ W

(*)

130

38°52.4′ N

72°52.5′ W

(*)

131

38°53.87′ N

72°53.36′ W

(*)

132

38°54.17′ N

72°52.58′ W

(*)

133

38°54.7′ N

72°50.26′ W

(*)

134

38°57.2′ N

72°47.74′ W

(*)

135

38°58.64′ N

72°48.35′ W

(*)

136

38°59.3′ N

72°47.86′ W

(*)

137

38°59.22′ N

72°46.69′ W

(*)

138

39°0.13′ N

72°45.47′ W

(*)

139

39°1.69′ N

72°45.74′ W

(*)

140

39°1.49′ N

72°43.67′ W

(*)

141

39°3.9′ N

72°40.83′ W

(*)

142

39°7.35′ N

72°41.26′ W

(*)

143

39°7.16′ N

72°37.21′ W

(*)

144

39°6.52′ N

72°35.78′ W

(*)

145

39°11.73′ N

72°25.4′ W

(*)

146

39°11.76′ N

72°22.33′ W

147

39°19.08′ N

72°9.56′ W

(*)

148

39°25.17′ N

72°13.03′ W

(*)

149

39°28.8′ N

72°17.39′ W

(*)

150

39°30.16′ N

72°20.41′ W

(*)

151

39°31.38′ N

72°23.86′ W

(*)

152

39°32.55′ N

72°25.07′ W

(*)

153

39°34.57′ N

72°25.18′ W

(*)

154

39°34.53′ N

72°24.23′ W

(*)

155

39°33.17′ N

72°24.1′ W

(*)

156

39°32.07′ N

72°22.77′ W

(*)

157

39°32.17′ N

72°22.08′ W

(*)

158

39°30.3′ N

72°15.71′ W

(*)

159

39°29.49′ N

72°14.3′ W

(*)

50 CFR 648.372(b) (enhanced display)

page 618 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

Latitude

50 CFR 648.372(c)

Longitude

Discrete zone

160

39°29.44′ N

72°13.24′ W

(*)

161

39°27.63′ N

72°5.87′ W

(*)

162

39°28.26′ N

72°2.2′ W

(*)

163

39°29.88′ N

72°3.51′ W

(*)

164

39°30.57′ N

72°3.47′ W

(*)

165

39°31.28′ N

72°2.63′ W

(*)

166

39°31.46′ N

72°1.41′ W

(*)

167

39°37.15′ N

71°55.85′ W

(*)

168

39°39.77′ N

71°53.7′ W

(*)

169

39°41.5′ N

71°51.89′ W

170

39°43.84′ N

71°44.85′ W

(*)

171

39°48.01′ N

71°45.19′ W

(*)

172

39°49.97′ N

71°39.29′ W

(*)

173

39°55.08′ N

71°18.62′ W

(*)

174

39°55.99′ N

71°16.07′ W

(*)

175

39°57.04′ N

70°50.01′ W

176

39°55.07′ N

70°32.42′ W

177

39°50.24′ N

70°27.78′ W

178

39°42.18′ N

70°20.09′ W

179

39°34.11′ N

70°12.42′ W

180

39°26.04′ N

70°4.78′ W

181

39°17.96′ N

69°57.18′ W

182

39°9.87′ N

69°49.6′ W

183

39°1.77′ N

69°42.05′ W

184

38°53.66′ N

69°34.53′ W

185

38°45.54′ N

69°27.03′ W

186

38°37.42′ N

69°19.57′ W

187

38°29.29′ N

69°12.13′ W

188

38°21.15′ N

69°4.73′ W

189

38°13′ N

68°57.35′ W

190

38°4.84′ N

68°49.99′ W

191

38°2.21′ N

68°47.62′ W

(c) Discrete Deep-Sea Coral Zones —

50 CFR 648.372(c) (enhanced display)

page 619 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.372(c)(1)

(1) Block Canyon. Block Canyon discrete deep-sea coral zone is defined by straight lines connecting the
following points in the order stated (copies of a chart depicting this area are available from the
Regional Administrator upon request). An asterisk (*) in the Broad Zone column means the point is
shared with the Broad Deep-Sea Coral Zone, as defined in paragraph (b) of this section.

BLOCK CANYON
Point

Latitude

Longitude

Broad zone

1

39°55.08′ N

71°18.62′ W

(*)

2

39°55.99′ N

71°16.07′ W

(*)

3

39°49.51′ N

71°12.12′ W

4

39°38.09′ N

71°9.5′ W

5

39°37.4′ N

71°11.87′ W

6

39°47.26′ N

71°17.38′ W

7

39°52.6′ N

71°17.51′ W

1

39°55.08′ N

71°18.62′ W

(*)

(2) Ryan and McMaster Canyons. Ryan and McMaster Canyons discrete deep-sea coral zone is defined
by straight lines connecting the following points in the order stated (copies of a chart depicting this
area are available from the Regional Administrator upon request). An asterisk (*) in the Broad Zone
column means the point is shared with the Broad Deep-sea Coral Zone, as defined in paragraph (b)
of this section.

RYAN AND MCMASTER CANYONS
Point

Latitude

Longitude

Broad zone

1

39°43.84′ N

71°44.85′ W

(*)

2

39°48.01′ N

71°45.19′ W

(*)

3

39°49.97′ N

71°39.29′ W

(*)

4

39°48.29′ N

71°37.18′ W

5

39°42.96′ N

71°35.01′ W

6

39°33.43′ N

71°27.91′ W

7

39°31.75′ N

71°30.77′ W

8

39°34.46′ N

71°35.68′ W

9

39°40.12′ N

71°42.36′ W

50 CFR 648.372(c)(2) (enhanced display)

page 620 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
1

Latitude
39°43.84′ N

50 CFR 648.372(c)(3)

Longitude
71°44.85′ W

Broad zone
(*)

(3) Emery and Uchupi Canyons. Emery and Uchupi Canyons discrete deep-sea coral zone is defined by
straight lines connecting the following points in the order stated (copies of a chart depicting this
area are available from the Regional Administrator upon request). An asterisk (*) in the Broad Zone
column means the point is shared with the Broad Deep-sea Coral Zone, as defined in paragraph (b)
of this section.

EMERY AND UCHUPI CANYONS
Point

Latitude

Longitude

Broad zone

1

39°37.15′ N

71°55.85′ W

(*)

2

39°39.77′ N

71°53.7′ W

(*)

3

39°39.55′ N

71°47.68′ W

4

39°30.78′ N

71°36.24′ W

5

39°27.26′ N

71°39.13′ W

6

39°28.99′ N

71°45.47′ W

7

39°33.91′ N

71°52.61′ W

1

39°37.15′ N

71°55.85′ W

(*)

(4) Jones and Babylon Canyons. Jones and Babylon Canyons discrete deep-sea coral zone is defined by
straight lines connecting the following points in the order stated (copies of a chart depicting this
area are available from the Regional Administrator upon request). An asterisk (*) in the Broad Zone
column means the point is shared with the Broad Deep-sea Coral Zone, as defined in paragraph (b)
of this section.

JONES AND BABYLON CANYONS
Point

Latitude

Longitude

Broad zone

1

39°28.26′ N

72°2.2′ W

(*)

2

39°29.88′ N

72°3.51′ W

(*)

3

39°30.57′ N

72°3.47′ W

(*)

4

39°31.28′ N

72°2.63′ W

(*)

5

39°31.46′ N

72°1.41′ W

(*)

50 CFR 648.372(c)(4) (enhanced display)

page 621 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

Latitude

50 CFR 648.372(c)(5)

Longitude

6

39°30.37′ N

71°57.72′ W

7

39°30.63′ N

71°55.13′ W

8

39°23.81′ N

71°48.15′ W

9

39°23′ N

71°52.48′ W

1

39°28.26′ N

72°2.2′ W

Broad zone

(*)

(5) Hudson Canyon. Hudson Canyon discrete deep-sea coral zone is defined by straight lines connecting
the following points in the order stated (copies of a chart depicting this area are available from the
Regional Administrator upon request). An asterisk (*) in the Broad Zone column means the point is
shared with the Broad Deep-Sea Coral Zone, as defined in paragraph (b) of this section.

HUDSON CANYON
Point

Latitude

Longitude

Broad zone

1

39°19.08′ N

72°9.56′ W

(*)

2

39°25.17′ N

72°13.03′ W

(*)

3

39°28.8′ N

72°17.39′ W

(*)

4

39°30.16′ N

72°20.41′ W

(*)

5

39°31.38′ N

72°23.86′ W

(*)

6

39°32.55′ N

72°25.07′ W

(*)

7

39°34.57′ N

72°25.18′ W

(*)

8

39°34.53′ N

72°24.23′ W

(*)

9

39°33.17′ N

72°24.1′ W

(*)

10

39°32.07′ N

72°22.77′ W

(*)

11

39°32.17′ N

72°22.08′ W

(*)

12

39°30.3′ N

72°15.71′ W

(*)

13

39°29.49′ N

72°14.3′ W

(*)

14

39°29.44′ N

72°13.24′ W

(*)

15

39°27.63′ N

72°5.87′ W

(*)

16

39°13.93′ N

71°48.44′ W

17

39°10.39′ N

71°52.98′ W

18

39°14.27′ N

72°3.09′ W

50 CFR 648.372(c)(5) (enhanced display)

page 622 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
1

50 CFR 648.372(c)(6)

Latitude
39°19.08′ N

Longitude
72°9.56′ W

Broad zone
(*)

(6) Mey-Lindenkohl Slope. Mey-Lindenkohl Slope discrete deep-sea coral zone is defined by straight lines
connecting the following points in the order stated (copies of a chart depicting this area are
available from the Regional Administrator upon request). An asterisk (*) in the Broad Zone column
means the point is shared with the Broad Deep-Sea Coral Zone, as defined in paragraph (b) of this
section.

MEY-LINDENKOHL SLOPE
Point

Latitude

Longitude

Broad zone

1

38°43′ N

73°1.24′ W

(*)

2

38°43.66′ N

73°0.36′ W

(*)

3

38°45′ N

73°0.27′ W

(*)

4

38°46.68′ N

73°1.07′ W

(*)

5

38°47.54′ N

73°2.24′ W

(*)

6

38°47.84′ N

73°2.24′ W

(*)

7

38°49.03′ N

73°1.53′ W

(*)

8

38°48.45′ N

73°1′ W

(*)

9

38°49.15′ N

72°58.98′ W

(*)

10

38°48.03′ N

72°56.7′ W

(*)

11

38°49.84′ N

72°55.54′ W

(*)

12

38°52.4′ N

72°52.5′ W

(*)

13

38°53.87′ N

72°53.36′ W

(*)

14

38°54.17′ N

72°52.58′ W

(*)

15

38°54.7′ N

72°50.26′ W

(*)

16

38°57.2′ N

72°47.74′ W

(*)

17

38°58.64′ N

72°48.35′ W

(*)

18

38°59.3′ N

72°47.86′ W

(*)

19

38°59.22′ N

72°46.69′ W

(*)

20

39°0.13′ N

72°45.47′ W

(*)

21

39°1.69′ N

72°45.74′ W

(*)

22

39°1.49′ N

72°43.67′ W

(*)

23

39°3.9′ N

72°40.83′ W

(*)

24

39°7.35′ N

72°41.26′ W

(*)

25

39°7.16′ N

72°37.21′ W

(*)

50 CFR 648.372(c)(6) (enhanced display)

page 623 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

Latitude

50 CFR 648.372(c)(7)

Longitude

Broad zone

26

39°6.52′ N

72°35.78′ W

(*)

27

39°11.73′ N

72°25.4′ W

(*)

28

38°58.85′ N

72°11.78′ W

29

38°32.39′ N

72°47.69′ W

30

38°34.88′ N

72°53.78′ W

1

38°43′ N

73°1.24′ W

(*)

(7) Spencer Canyon. Spencer Canyon discrete deep-sea coral zone is defined by straight lines
connecting the following points in the order stated (copies of a chart depicting this area are
available from the Regional Administrator upon request). An asterisk (*) in the Broad Zone column
means the point is shared with the Broad Deep-Sea Coral Zone, as defined in paragraph (b) of this
section.

SPENCER CANYON
Point

Latitude

Longitude

Broad zone

1

38°34.14′ N

73°11.14′ W

(*)

2

38°35.1′ N

73°10.43′ W

(*)

3

38°35.94′ N

73°11.25′ W

(*)

4

38°37.57′ N

73°10.49′ W

(*)

5

38°37.21′ N

73°9.41′ W

(*)

6

38°36.72′ N

73°8.85′ W

(*)

7

38°36.59′ N

73°8.25′ W

8

38°28.94′ N

72°58.96′ W

9

38°26.45′ N

73°3.24′ W

50 CFR 648.372(c)(7) (enhanced display)

page 624 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
1

Latitude
38°34.14′ N

50 CFR 648.372(c)(8)

Longitude
73°11.14′ W

Broad zone
(*)

(8) Wilmington Canyon. Wilmington Canyon discrete deep-sea coral zone is defined by straight lines
connecting the following points in the order stated (copies of a chart depicting this area are
available from the Regional Administrator upon request). An asterisk (*) in the Broad Zone column
means the point is shared with the Broad Deep-sea Coral Zone, as defined in paragraph (b) of this
section.

WILMINGTON CANYON
Point

Latitude

Longitude

Broad zone

1

38°19.04′ N

73°33.02′ W

(*)

2

38°25.08′ N

73°34.99′ W

(*)

3

38°26.32′ N

73°33.44′ W

(*)

4

38°29.72′ N

73°30.65′ W

(*)

5

38°28.65′ N

73°29.37′ W

(*)

6

38°25.53′ N

73°30.94′ W

(*)

7

38°25.26′ N

73°29.97′ W

(*)

8

38°23.75′ N

73°30.16′ W

(*)

9

38°23.47′ N

73°29.7′ W

(*)

10

38°22.76′ N

73°29.34′ W

(*)

11

38°22.5′ N

73°27.63′ W

(*)

12

38°21.59′ N

73°26.87′ W

(*)

13

38°18.52′ N

73°22.95′ W

14

38°14.41′ N

73°16.64′ W

15

38°13.23′ N

73°17.32′ W

16

38°15.79′ N

73°26.38′ W

50 CFR 648.372(c)(8) (enhanced display)

page 625 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
1

Latitude
38°19.04′ N

50 CFR 648.372(c)(9)

Longitude

Broad zone

73°33.02′ W

(*)

(9) North Heyes and South Wilmington Canyons. North Heyes and South Wilmington Canyons discrete
deep-sea coral zone is defined by straight lines connecting the following points in the order stated
(copies of a chart depicting this area are available from the Regional Administrator upon request).
An asterisk (*) in the Broad Zone column means the point is shared with the Broad Deep-Sea Coral
Zone, as defined in paragraph (b) of this section.

NORTH HEYES AND SOUTH WILMINGTON CANYONS
Point

Latitude

Longitude

Broad zone

1

38°15.25′ N

73°36.2′ W

(*)

2

38°16.19′ N

73°36.91′ W

(*)

3

38°16.89′ N

73°36.66′ W

(*)

4

38°16.91′ N

73°36.35′ W

(*)

5

38°17.63′ N

73°35.35′ W

(*)

6

38°18.55′ N

73°34.44′ W

(*)

7

38°18.38′ N

73°33.4′ W

(*)

8

38°19.04′ N

73°33.02′ W

(*)

9

38°15.79′ N

73°26.38′ W

10

38°14.98′ N

73°24.73′ W

11

38°12.32′ N

73°21.22′ W

12

38°11.06′ N

73°22.21′ W

13

38°11.13′ N

73°28.72′ W

50 CFR 648.372(c)(9) (enhanced display)

page 626 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
1

Latitude
38°15.25′ N

50 CFR 648.372(c)(10)

Longitude
73°36.2′ W

Broad zone
(*)

(10) South Vries Canyon. South Vries Canyon discrete deep-sea coral zone is defined by straight lines
connecting the following points in the order stated (copies of a chart depicting this area are
available from the Regional Administrator upon request). An asterisk (*) in the Broad Zone column
means the point is shared with the Broad Deep-Sea Coral Zone, as defined in paragraph (b) of this
section.

SOUTH VRIES CANYON
Point

Latitude

Longitude

Broad zone

1

38°6.35′ N

73°44.8′ W

(*)

2

38°7.5′ N

73°45.2′ W

(*)

3

38°9.24′ N

73°42.61′ W

(*)

4

38°3.22′ N

73°29.22′ W

5

38°2.38′ N

73°29.78′ W

6

38°2.54′ N

73°36.73′ W

1

38°6.35′ N

73°44.8′ W

(*)

(11) Baltimore Canyon. Baltimore Canyon discrete deep-sea coral zone is defined by straight lines
connecting the following points in the order stated (copies of a chart depicting this area are
available from the Regional Administrator upon request). An asterisk (*) in the Broad Zone column
means the point is shared with the Broad Deep-Sea Coral Zone, as defined in paragraph (b) of this
section.

BALTIMORE CANYON
Point

Latitude

Longitude

Broad zone

1

38°3.29′ N

73°49.1′ W

(*)

2

38°6.19′ N

73°51.59′ W

(*)

3

38°7.67′ N

73°52.19′ W

(*)

4

38°9.04′ N

73°52.39′ W

(*)

5

38°10.1′ N

73°52.32′ W

(*)

6

38°11.98′ N

73°52.65′ W

(*)

50 CFR 648.372(c)(11) (enhanced display)

page 627 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

Latitude

50 CFR 648.372(c)(12)

Longitude

Broad zone

7

38°13.74′ N

73°50.73′ W

(*)

8

38°13.15′ N

73°49.77′ W

(*)

9

38°10.92′ N

73°50.37′ W

(*)

10

38°10.2′ N

73°49.63′ W

(*)

11

38°9.26′ N

73°49.68′ W

(*)

12

38°8.38′ N

73°49.51′ W

(*)

13

38°7.59′ N

73°47.91′ W

(*)

14

38°6.96′ N

73°47.25′ W

(*)

15

38°6.51′ N

73°46.99′ W

(*)

16

38°5.69′ N

73°45.56′ W

(*)

17

38°6.35′ N

73°44.8′ W

(*)

18

38°2.54′ N

73°36.73′ W

19

37°59.19′ N

73°40.67′ W

1

38°3.29′ N

73°49.1′ W

(*)

(12) Warr and Phoenix Canyon Complex. Warr and Phoenix Canyon Complex discrete deep-sea coral zone
is defined by straight lines connecting the following points in the order stated (copies of a chart
depicting this area are available from the Regional Administrator upon request). An asterisk (*) in the
Broad Zone column means the point is shared with the Broad Deep-Sea Coral Zone, as defined in
paragraph (b) of this section.

WARR AND PHOENIX CANYON COMPLEX
Point

Latitude

Longitude

Broad zone

1

37°53.68′ N

73°57.41′ W

(*)

2

37°55.07′ N

73°57.27′ W

(*)

3

38°3.29′ N

73°49.1′ W

(*)

4

37°59.19′ N

73°40.67′ W

5

37°52.5′ N

73°35.28′ W

6

37°50.92′ N

73°36.59′ W

7

37°49.84′ N

73°47.11′ W

50 CFR 648.372(c)(12) (enhanced display)

page 628 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
1

Latitude
37°53.68′ N

50 CFR 648.372(c)(13)

Longitude
73°57.41′ W

Broad zone
(*)

(13) Accomac and Leonard Canyons. Accomac and Leonard Canyons discrete deep-sea coral zone is
defined by straight lines connecting the following points in the order stated (copies of a chart
depicting this area are available from the Regional Administrator upon request). An asterisk (*) in the
Broad Zone column means the point is shared with the Broad Deep-Sea Coral Zone, as defined in
paragraph (b) of this section.

ACCOMAC AND LEONARD CANYONS
Point

Latitude

Longitude

Broad zone

1

37°45.15′ N

74°7.24′ W

(*)

2

37°45.88′ N

74°7.44′ W

(*)

3

37°46.7′ N

74°5.98′ W

(*)

4

37°49.62′ N

74°6.03′ W

(*)

5

37°51.25′ N

74°5.48′ W

(*)

6

37°51.99′ N

74°4.51′ W

(*)

7

37°51.37′ N

74°3.3′ W

(*)

8

37°50.63′ N

74°2.69′ W

(*)

9

37°49.62′ N

74°2.28′ W

(*)

10

37°50.28′ N

74°0.67′ W

(*)

11

37°50.2′ N

74°0.17′ W

12

37°50.52′ N

73°58.59′ W

13

37°50.99′ N

73°57.17′ W

14

37°50.4′ N

73°52.35′ W

15

37°42.76′ N

73°44.86′ W

16

37°39.96′ N

73°48.32′ W

17

37°40.04′ N

73°58.25′ W

18

37°44.14′ N

74°6.96′ W

50 CFR 648.372(c)(13) (enhanced display)

page 629 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
1

Latitude
37°45.15′ N

50 CFR 648.372(c)(14)

Longitude
74°7.24′ W

Broad zone
(*)

(14) Washington Canyon. Washington Canyon discrete deep-sea coral zone is defined by straight lines
connecting the following points in the order stated (copies of a chart depicting this area are
available from the Regional Administrator upon request). An asterisk (*) in the Broad Zone column
means the point is shared with the Broad Deep-Sea Coral Zone, as defined in paragraph (b) of this
section.

WASHINGTON CANYON
Point

Latitude

Longitude

Broad zone

1

37°22.74′ N

74°26.24′ W

(*)

2

37°22.87′ N

74°26.16′ W

(*)

3

37°24.44′ N

74°28.57′ W

(*)

4

37°24.67′ N

74°29.71′ W

(*)

5

37°25.93′ N

74°30.13′ W

(*)

6

37°27.25′ N

74°30.2′ W

(*)

7

37°28.6′ N

74°30.6′ W

(*)

8

37°29.43′ N

74°30.29′ W

(*)

9

37°29.53′ N

74°29.95′ W

(*)

10

37°27.68′ N

74°28.82′ W

(*)

11

37°27.06′ N

74°28.76′ W

(*)

12

37°26.39′ N

74°27.76′ W

(*)

13

37°26.3′ N

74°26.87′ W

(*)

14

37°25.69′ N

74°25.63′ W

(*)

15

37°25.83′ N

74°24.22′ W

(*)

16

37°25.68′ N

74°24.03′ W

(*)

17

37°25.08′ N

74°23.29′ W

18

37°16.81′ N

73°52.13′ W

19

37°11.27′ N

73°54.05′ W

20

37°15.73′ N

74°12.2′ W

50 CFR 648.372(c)(14) (enhanced display)

page 630 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
1

50 CFR 648.372(c)(15)

Latitude
37°22.74′ N

Longitude
74°26.24′ W

Broad zone
(*)

(15) Norfolk Canyon. Norfolk Canyon discrete deep-sea coral zone is defined by straight lines connecting
the following points in the order stated (copies of a chart depicting this area are available from the
Regional Administrator upon request). An asterisk (*) in the Broad Zone column means the point is
shared with the Broad Deep-Sea Coral Zone, as defined in paragraph (b) of this section.

NORFOLK CANYON
Point

Latitude

Longitude

Broad zone

1

36°58.51′ N

74°36.51′ W

(*)

2

36°58.62′ N

74°36.97′ W

(*)

3

37°4.43′ N

74°41.03′ W

(*)

4

37°5.83′ N

74°45.57′ W

(*)

5

37°6.97′ N

74°40.8′ W

(*)

6

37°4.52′ N

74°37.77′ W

(*)

7

37°4.02′ N

74°33.83′ W

(*)

8

37°4.52′ N

74°33.51′ W

(*)

9

37°4.40′ N

74°33.11′ W

(*)

10

37°4.16′ N

74°32.37′ W

11

37°4.40′ N

74°30.58′ W

12

37°3.65′ N

74°3.66′ W

13

36°57.75′ N

74°3.61′ W

14

36°59.77′ N

74°30′ W

15

36°58.23′ N

74°32.95′ W

16

36°57.99′ N

74°34.18′ W

1

36°58.51′ N

74°36.51′ W

(*)

(d) Transiting. Vessels may transit the Broad and Discrete Deep-Sea Coral Zones defined in paragraphs (b)
and (c) of this section, provided bottom-tending trawl nets are out of the water and stowed on the reel and
any other fishing gear that is prohibited in these areas is onboard, out of the water, and not deployed.
Fishing gear is not required to meet the definition of “not available for immediate use” in § 648.2, when a
vessel transits the Broad and Discrete Deep-Sea Coral Zones.

§ 648.373 New England Deep-Sea Coral Protection Areas
(a) Georges Bank Deep-Sea Coral Protection Area.

50 CFR 648.373(a) (enhanced display)

page 631 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.373(a)(1)

(1) No vessel may fish with bottom-tending gear within the Georges Bank Deep-Sea Coral Protection
Area described in this section, unless transiting pursuant to paragraph (d) of this section or fishing
red crab trap gear in accordance with § 648.264. Bottom-tending gear includes, but is not limited to,
bottom-tending otter trawls, bottom-tending beam trawls, hydraulic dredges, non-hydraulic dredges,
bottom-tending seines, bottom longlines, pots and traps, and sink or anchored gillnets.
(2) The Georges Bank Deep-Sea Coral Protection Area is bound on the west by the New England/MidAtlantic Inter-council Boundary line (detailed in paragraph (a)(2)(i) of this section); bound on the
north by a simplified line (detailed in paragraph (a)(2)(ii) of this section) following the 600m depth
contour along the southern flank of Georges Bank; and bound on the east and south by the U.S.Canada Maritime Boundary and the outer limit of the U.S. Exclusive Economic Zone (detailed in
paragraph (a)(2)(iii) of this section).
(i)

The western boundary is defined by the following coordinates, connected in the order listed,
south to north, by straight lines:

TABLE 1 TO PARAGRAPH (a)(2)(i)
Point

Longitude

Latitude

Note

1

−68°47.62′

38°2.21′

2

−68°49.99′

38°4.84′

3

−68°57.35′

38°13.00′

4

−69°4.73′

38°21.15′

5

−69°12.13′

38°29.29′

6

−69°19.57′

38°37.42′

7

−69°27.03′

38°45.54′

8

−69°34.53′

38°53.66′

9

−69°42.05′

39°1.77′

10

−69°49.60′

39°9.86′

11

−69°57.18′

39°17.96′

12

−70°4.78′

39°26.04′

13

−70°12.42′

39°34.11′

14

−70°20.09′

39°42.18′

15

−70°27.78′

39°50.24′

16

−70°31.64′

39°54.26′

( 1)

NOTES:
(1) POINT 1 represents the outer limit of the US EEZ.
(2) POINT 17 represents where the western and northern boundaries meet.

50 CFR 648.373(a)(2)(i) (enhanced display)

page 632 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.373(a)(2)(ii)

Longitude

17

Latitude
−70°32.09′

Note
( 2)

39°54.72′

NOTES:
(1) POINT 1 represents the outer limit of the US EEZ.
(2) POINT 17 represents where the western and northern boundaries meet.

(ii) The northern (nearshore) boundary is defined by the following coordinates, connected in the
order listed, west to east, by straight lines.

TABLE 2 TO PARAGRAPH (a)(2)(ii)
Point

Longitude

Latitude

Note

17

−70°32.09′

39°54.72′

18

−70°29.83′

39°59.78′

19

−70°28.72′

39°54.41′

20

−70°27.52′

39°53.44′

21

−70°26.05′

39°53.13′

22

−70°23.81′

39°53.13′

23

−70°22.44′

39°53.72′

24

−70°21.97′

39°54.94′

25

−70°20.12′

39°53.97′

26

−70°16.98′

39°53.60′

27

−70°17.35′

39°54.55′

28

−70°16.99′

39°54.77′

29

−70°17.55′

39°57.01′

30

−70°16.69′

39°57.06′

31

−70°14.54′

39°57.75′

32

−70°13.64′

39°58.44′

33

−70°12.58′

39°58.82′

34

−70°12.16′

39°58.32′

35

−70°13.85′

39°56.68′

36

−70°14.29′

39°56.56′

37

−70°12.51′

39°55.18′

38

−70°11.17′

39°55.2′

( 3)

NOTES:
(3) POINT 17 represents where the western and northern boundaries meet.
(4) POINT 470 represents the U.S.-Canada Maritime Boundary.

50 CFR 648.373(a)(2)(ii) (enhanced display)

page 633 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.373(a)(2)(ii)

Longitude

Latitude

Note

39

−70°11.19′

39°54.34′

40

−70°10.33′

39°53.64′

41

−70°7.98′

39°54.17′

42

−70°6.99′

39°54.94′

43

−70°6.56′

39°53.85′

44

−70°4.99′

39°53.24′

45

−70°02.97′

39°52.62′

46

−70°02.70′

39°53.66′

47

−70°01.24′

39°54.69′

48

−70°00.34′

39°53.26′

49

−69°59.41′

39°52.49′

50

−69°57.88′

39°52.61′

51

−69°57.05′

39°53.05′

52

−69°56.35′

39°53.59′

53

−69°56.11′

39°54.94′

54

−69°55.76′

39°55.08′

55

−69°54.62′

39°53.23′

56

−69°53.02′

39°54.29′

57

−69°52.21′

39°54.39′

58

−69°52.34′

39°53.64′

59

−69°50.97′

39°53.36′

60

−69°50.65′

39°53.73′

61

−69°49.45′

39°52.85′

62

−69°49.63′

39°52.32′

63

−69°48.88′

39°52.96′

64

−69°47.91′

39°52.54′

65

−69°48.06′

39°51.85′

66

−69°42.35′

39°52.03′

67

−69°42.19′

39°52.68′

68

−69°41.32′

39°52.27′

69

−69°39.66′

39°52.33′

70

−69°40.03′

39°53.03′

71

−69°39.34′

39°53.81′

72

−69°38.51′

39°53.04′

73

−69°38.11′

39°53.27′

74

−69°37.59′

39°52.38′

NOTES:
(3) POINT 17 represents where the western and northern boundaries meet.
(4) POINT 470 represents the U.S.-Canada Maritime Boundary.

50 CFR 648.373(a)(2)(ii) (enhanced display)

page 634 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.373(a)(2)(ii)

Longitude

Latitude

Note

75

−69°36.93′

39°51.89′

76

−69°36.99′

39°53.42′

77

−69°37.44′

39°53.85′

78

−69°37.02′

39°54.34′

79

−69°37.52′

39°55.59′

80

−69°37.01′

39°57.70′

81

−69°36.71′

39°56.34′

82

−69°36.27′

39°55.53′

83

−69°34.57′

39°54.60′

84

−69°33.63′

39°52.98′

85

−69°32.47′

39°52.93′

86

−69°31.87′

39°53.95′

87

−69°30.29′

39°53.10′

88

−69°29.48′

39°53.43′

89

−69°28.95′

39°54.14′

90

−69°27.35′

39°54.43′

91

−69°27.56′

39°53.86′

92

−69°26.77′

39°53.38′

93

−69°26.07′

39°53.97′

94

−69°25.88′

39°53.50′

95

−69°24.94′

39°53.79′

96

−69°24.47′

39°53.50′

97

−69°23.95′

39°54.81′

98

−69°23.32′

39°54.05′

99

−69°21.95′

39°54.09′

100

−69°21.07′

39°54.38′

101

−69°20.72′

39°54.97′

102

−69°19.83′

39°54.78′

103

−69°19.16′

39°55.00′

104

−69°18.60′

39°56.03′

105

−69°18.28′

39°55.46′

106

−69°17.12′

39°55.53′

107

−69°16.92′

39°56.20′

108

−69°16.27′

39°55.87′

109

−69°15.58′

39°56.29′

110

−69°14.44′

39°57.54′

NOTES:
(3) POINT 17 represents where the western and northern boundaries meet.
(4) POINT 470 represents the U.S.-Canada Maritime Boundary.

50 CFR 648.373(a)(2)(ii) (enhanced display)

page 635 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.373(a)(2)(ii)

Longitude

Latitude

Note

111

−69°13.82′

39°57.37′

112

−69°13.47′

39°58.01′

113

−69°12.44′

39°56.95′

114

−69°12.06′

39°57.69′

115

−69°11.10′

39°56.69′

116

−69°10.92′

39°57.04′

117

−69°10.86′

39°58.26′

118

−69°10.40′

39°58.14′

119

−69°10.07′

39°59.85′

120

−69°08.70′

39°59.01′

121

−69°07.72′

39°59.00′

122

−69°07.97′

39°58.50′

123

−69°07.00′

39°57.74′

124

−69°06.31′

39°57.59′

125

−69°05.31′

39°58.82′

126

−69°04.61′

39°58.14′

127

−69°04.44′

39°58.88′

128

−69°03.89′

39°58.95′

129

−69°04.27′

40°00.04′

130

−69°03.33′

40°00.15′

131

−69°03.04′

40°00.45′

132

−69°03.43′

40°02.96′

133

−69°02.67′

40°04.10′

134

−69°03.34′

40°05.17′

135

−69°02.91′

40°05.86′

136

−69°02.12′

40°04.15′

137

−69°01.85′

40°02.32′

138

−69°01.28′

40°01.87′

139

−69°00.75′

40°01.92′

140

−68°59.76′

40°00.83′

141

−68°59.08′

40°01.51′

142

−68°58.63′

40°00.89′

143

−68°57.67′

40°00.45′

144

−68°56.65′

40°00.44′

145

−68°56.3′

40°00.92′

146

−68°55.27′

40°00.56′

NOTES:
(3) POINT 17 represents where the western and northern boundaries meet.
(4) POINT 470 represents the U.S.-Canada Maritime Boundary.

50 CFR 648.373(a)(2)(ii) (enhanced display)

page 636 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.373(a)(2)(ii)

Longitude

Latitude

Note

147

−68°55.34′

40°01.22′

148

−68°53.97′

40°01.40′

149

−68°53.58′

40°00.82′

150

−68°53.14′

40°01.24′

151

−68°52.73′

40°00.99′

152

−68°51.53′

40°02.81′

153

−68°50.76′

40°03.08′

154

−68°50.10′

40°03.77′

155

−68°50.40′

40°04.73′

156

−68°48.94′

40°04.35′

157

−68°49.05′

40°05.84′

158

−68°48.11′

40°05.05′

159

−68°47.58′

40°03.99′

160

−68°47.90′

40°03.25′

161

−68°47.71′

40°02.93′

162

−68°46.96′

40°03.36′

163

−68°46.51′

40°04.02′

164

−68°46.21′

40°03.41′

165

−68°45.61′

40°03.36′

166

−68°45.44′

40°03.86′

167

−68°45.08′

40°03.60′

168

−68°45.11′

40°04.24′

169

−68°44.63′

40°04.06′

170

−68°44.12′

40°04.58′

171

−68°43.78′

40°02.68′

172

−68°42.97′

40°03.02′

173

−68°42.28′

40°01.90′

174

−68°41.01′

40°02.72′

175

−68°41.16′

40°03.54′

176

−68°41.50′

40°04.04′

177

−68°41.06′

40°04.02′

178

−68°40.15′

40°05.30′

179

−68°39.31′

40°04.19′

180

−68°38.69′

40°04.57′

181

−68°37.78′

40°03.47′

182

−68°37.07′

40°04.08′

NOTES:
(3) POINT 17 represents where the western and northern boundaries meet.
(4) POINT 470 represents the U.S.-Canada Maritime Boundary.

50 CFR 648.373(a)(2)(ii) (enhanced display)

page 637 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.373(a)(2)(ii)

Longitude

Latitude

Note

183

−68°36.76′

40°03.68′

184

−68°36.36′

40°04.02′

185

−68°36.55′

40°04.82′

186

−68°35.91′

40°05.56′

187

−68°35.16′

40°04.83′

188

−68°33.63′

40°04.04′

189

−68°32.76′

40°04.76′

190

−68°32.44′

40°05.91′

191

−68°31.58′

40°05.48′

192

−68°30.88′

40°05.81′

193

−68°30.89′

40°06.29′

194

−68°30.29′

40°06.40′

195

−68°31.11′

40°06.95′

196

−68°30.46′

40°07.60′

197

−68°30.46′

40°08.19′

198

−68°29.29′

40°08.05′

199

−68°29.48′

40°09.55′

200

−68°30.08′

40°11.48′

201

−68°28.16′

40°10.69′

202

−68°27.41′

40°10.95′

203

−68°27.66′

40°10.26′

204

−68°26.67′

40°09.09′

205

−68°26.81′

40°07.63′

206

−68°25.20′

40°06.46′

207

−68°24.46′

40°06.12′

208

−68°24.07′

40°07.70′

209

−68°23.39′

40°07.29′

210

−68°22.17′

40°07.15′

211

−68°21.86′

40°08.26′

212

−68°22.03′

40°08.77′

213

−68°21.58′

40°08.86′

214

−68°20.52′

40°09.57′

215

−68°19.88′

40°09.36′

216

−68°19.14′

40°10.44′

217

−68°18.51′

40°10.02′

218

−68°17.72′

40°09.64′

NOTES:
(3) POINT 17 represents where the western and northern boundaries meet.
(4) POINT 470 represents the U.S.-Canada Maritime Boundary.

50 CFR 648.373(a)(2)(ii) (enhanced display)

page 638 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.373(a)(2)(ii)

Longitude

Latitude

Note

219

−68°17.76′

40°10.66′

220

−68°16.86′

40°10.68′

221

−68°16.78′

40°11.65′

222

−68°16.70′

40°12.27′

223

−68°16.81′

40°13.24′

224

−68°16.29′

40°14.68′

225

−68°14.75′

40°13.04′

226

−68°14.00′

40°12.79′

227

−68°13.88′

40°12.21′

228

−68°13.14′

40°11.49′

229

−68°13.30′

40°12.07′

230

−68°12.84′

40°12.48′

231

−68°12.54′

40°13.08′

232

−68°12.20′

40°12.80′

233

−68°11.51′

40°13.48′

234

−68°10.65′

40°12.05′

235

−68°10.05′

40°13.00′

236

−68°08.65′

40°12.16′

237

−68°08.33′

40°13.06′

238

−68°08.60′

40°14.17′

239

−68°08.15′

40°15.30′

240

−68°08.33′

40°15.56′

241

−68°09.02′

40°16.17′

242

−68°08.73′

40°16.56′

243

−68°09.02′

40°17.94′

244

−68°08.82′

40°18.63′

245

−68°09.14′

40°21.96′

246

−68°09.19′

40°22.96′

247

−68°07.89′

40°24.16′

248

−68°08.53′

40°22.91′

249

−68°08.36′

40°21.85′

250

−68°07.94′

40°20.88′

251

−68°07.22′

40°19.75′

252

−68°06.28′

40°17.81′

253

−68°05.00′

40°16.41′

254

−68°03.61′

40°17.70′

NOTES:
(3) POINT 17 represents where the western and northern boundaries meet.
(4) POINT 470 represents the U.S.-Canada Maritime Boundary.

50 CFR 648.373(a)(2)(ii) (enhanced display)

page 639 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.373(a)(2)(ii)

Longitude

Latitude

Note

255

−68°03.27′

40°15.88′

256

−68°02.93′

40°15.07′

257

−68°01.95′

40°14.69′

258

−68°00.78′

40°15.22′

259

−68°00.67′

40°15.85′

260

−67°59.14′

40°14.75′

261

−67°58.80′

40°15.83′

262

−67°58.28′

40°15.58′

263

−67°57.85′

40°16.63′

264

−67°57.58′

40°17.38′

265

−67°56.51′

40°16.19′

266

−67°55.99′

40°16.45′

267

−67°55.23′

40°14.90′

268

−67°54.31′

40°16.24′

269

−67°53.88′

40°17.41′

270

−67°52.96′

40°16.95′

271

−67°52.29′

40°17.18′

272

−67°52.46′

40°19.25′

273

−67°52.26′

40°19.59′

274

−67°52.88′

40°20.05′

275

−67°52.54′

40°20.86′

276

−67°53.31′

40°21.24′

277

−67°53.07′

40°22.08′

278

−67°51.62′

40°21.24′

279

−67°51.26′

40°20.48′

280

−67°49.97′

40°18.81′

281

−67°49.29′

40°18.78′

282

−67°49.49′

40°18.49′

283

−67°49.40′

40°18.13′

284

−67°49.12′

40°18.09′

285

−67°47.94′

40°15.79′

286

−67°46.47′

40°16.00′

287

−67°46.23′

40°16.37′

288

−67°45.61′

40°16.18′

289

−67°45.80′

40°16.54′

290

−67°45.66′

40°17.53′

NOTES:
(3) POINT 17 represents where the western and northern boundaries meet.
(4) POINT 470 represents the U.S.-Canada Maritime Boundary.

50 CFR 648.373(a)(2)(ii) (enhanced display)

page 640 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.373(a)(2)(ii)

Longitude

Latitude

Note

291

−67°45.34′

40°18.75′

292

−67°44.52′

40°18.25′

293

−67°44.13′

40°18.39′

294

−67°43.50′

40°18.84′

295

−67°43.42′

40°18.00′

296

−67°42.81′

40°18.27′

297

−67°42.61′

40°17.62′

298

−67°41.69′

40°17.88′

299

−67°41.81′

40°19.20′

300

−67°42.61′

40°20.29′

301

−67°39.96′

40°22.27′

302

−67°40.38′

40°24.07′

303

−67°39.92′

40°25.32′

304

−67°39.77′

40°24.13′

305

−67°39.64′

40°23.12′

306

−67°39.20′

40°21.31′

307

−67°39.88′

40°20.41′

308

−67°39.06′

40°19.39′

309

−67°37.75′

40°18.86′

310

−67°37.54′

40°19.41′

311

−67°36.18′

40°19.12′

312

−67°35.49′

40°20.23′

313

−67°34.74′

40°19.65′

314

−67°34.16′

40°21.13′

315

−67°33.06′

40°20.46′

316

−67°32.36′

40°21.41′

317

−67°31.99′

40°20.77′

318

−67°30.93′

40°20.91′

319

−67°30.69′

40°20.52′

320

−67°30.02′

40°21.66′

321

−67°29.38′

40°21.09′

322

−67°28.94′

40°21.57′

323

−67°28.35′

40°22.81′

324

−67°27.79′

40°22.19′

325

−67°26.75′

40°21.57′

326

−67°25.66′

40°22.31′

NOTES:
(3) POINT 17 represents where the western and northern boundaries meet.
(4) POINT 470 represents the U.S.-Canada Maritime Boundary.

50 CFR 648.373(a)(2)(ii) (enhanced display)

page 641 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.373(a)(2)(ii)

Longitude

Latitude

Note

327

−67°25.43′

40°22.61′

328

−67°25.30′

40°23.42′

329

−67°25.36′

40°24.34′

330

−67°25.16′

40°24.64′

331

−67°25.53′

40°24.93′

332

−67°24.73′

40°25.43′

333

−67°24.13′

40°27.58′

334

−67°23.69′

40°24.23′

335

−67°22.74′

40°23.27′

336

−67°21.70′

40°23.12′

337

−67°21.33′

40°23.77′

338

−67°20.68′

40°23.40′

339

−67°20.05′

40°24.39′

340

−67°19.11′

40°23.85′

341

−67°18.75′

40°25.17′

342

−67°18.09′

40°24.77′

343

−67°17.32′

40°25.14′

344

−67°17.33′

40°25.59′

345

−67°16.37′

40°25.50′

346

−67°15.62′

40°25.40′

347

−67°15.19′

40°25.64′

348

−67°14.76′

40°26.24′

349

−67°14.99′

40°26.93′

350

−67°13.99′

40°26.63′

351

−67°13.29′

40°27.31′

352

−67°12.58′

40°26.87′

353

−67°12.77′

40°27.74′

354

−67°12.23′

40°28.01′

355

−67°12.05′

40°27.56′

356

−67°11.37′

40°27.75′

357

−67°10.84′

40°27.12′

358

−67°10.19′

40°27.14′

359

−67°09.05′

40°28.84′

360

−67°07.83′

40°28.25′

361

−67°07.55′

40°28.65′

362

−67°07.58′

40°29.49′

NOTES:
(3) POINT 17 represents where the western and northern boundaries meet.
(4) POINT 470 represents the U.S.-Canada Maritime Boundary.

50 CFR 648.373(a)(2)(ii) (enhanced display)

page 642 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.373(a)(2)(ii)

Longitude

Latitude

Note

363

−67°05.80′

40°28.71′

364

−67°04.83′

40°29.41′

365

−67°04.52′

40°29.86′

366

−67°03.56′

40°29.83′

367

−67°03.27′

40°31.27′

368

−67°01.67′

40°30.25′

369

−67°00.06′

40°31.03′

370

−66°59.48′

40°31.63′

371

−67°00.01′

40°32.61′

372

−66°59.56′

40°32.78′

373

−67°00.34′

40°34.03′

374

−67°01.15′

40°34.92′

375

−67°01.25′

40°36.83′

376

−66°59.94′

40°35.55′

377

−66°59.40′

40°35.40′

378

−66°58.89′

40°35.52′

379

−66°58.73′

40°34.91′

380

−66°58.44′

40°34.94′

381

−66°58.13′

40°35.50′

382

−66°57.52′

40°34.93′

383

−66°57.43′

40°35.42′

384

−66°56.72′

40°35.16′

385

−66°56.44′

40°35.81′

386

−66°56.09′

40°35.36′

387

−66°55.56′

40°35.65′

388

−66°55.61′

40°34.90′

389

−66°54.85′

40°34.42′

390

−66°54.68′

40°35.40′

391

−66°52.45′

40°36.18′

392

−66°52.51′

40°36.80′

393

−66°51.93′

40°36.82′

394

−66°51.88′

40°37.40′

395

−66°51.38′

40°37.30′

396

−66°51.44′

40°37.81′

397

−66°50.36′

40°37.77′

398

−66°50.78′

40°38.81′

NOTES:
(3) POINT 17 represents where the western and northern boundaries meet.
(4) POINT 470 represents the U.S.-Canada Maritime Boundary.

50 CFR 648.373(a)(2)(ii) (enhanced display)

page 643 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.373(a)(2)(ii)

Longitude

Latitude

Note

399

−66°49.27′

40°38.41′

400

−66°48.84′

40°38.70′

401

−66°49.25′

40°39.85′

402

−66°47.92′

40°39.57′

403

−66°47.83′

40°39.82′

404

−66°47.79′

40°40.82′

405

−66°46.91′

40°40.33′

406

−66°46.02′

40°40.07′

407

−66°45.89′

40°41.47′

408

−66°44.79′

40°41.19′

409

−66°44.30′

40°41.37′

410

−66°44.17′

40°42.32′

411

−66°43.43′

40°42.42′

412

−66°42.39′

40°42.67′

413

−66°42.87′

40°44.75′

414

−66°42.49′

40°45.21′

415

−66°42.67′

40°45.83′

416

−66°43.02′

40°46.23′

417

−66°41.12′

40°45.96′

418

−66°40.98′

40°45.61′

419

−66°40.63′

40°45.35′

420

−66°39.37′

40°45.98′

421

−66°39.74′

40°46.65′

422

−66°39.99′

40°46.93′

423

−66°39.23′

40°46.97′

424

−66°38.17′

40°47.99′

425

−66°37.69′

40°47.13′

426

−66°36.94′

40°47.36′

427

−66°37.05′

40°47.83′

428

−66°36.49′

40°47.87′

429

−66°36.12′

40°48.59′

430

−66°35.63′

40°48.13′

431

−66°35.30′

40°48.35′

432

−66°35.35′

40°49.96′

433

−66°34.96′

40°50.30′

434

−66°34.50′

40°50.33′

NOTES:
(3) POINT 17 represents where the western and northern boundaries meet.
(4) POINT 470 represents the U.S.-Canada Maritime Boundary.

50 CFR 648.373(a)(2)(ii) (enhanced display)

page 644 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point

50 CFR 648.373(a)(2)(ii)

Longitude

Latitude

Note

435

−66°34.26′

40°50.91′

436

−66°34.76′

40°51.34′

437

−66°33.57′

40°51.38′

438

−66°34.29′

40°52.10′

439

−66°33.55′

40°52.16′

440

−66°33.32′

40°52.70′

441

−66°32.88′

40°52.69′

442

−66°32.62′

40°51.96′

443

−66°32.01′

40°51.53′

444

−66°30.28′

40°53.07′

445

−66°30.69′

40°53.61′

446

−66°30.15′

40°53.84′

447

−66°30.14′

40°54.17′

448

−66°30.67′

40°54.62′

449

−66°28.81′

40°54.47′

450

−66°28.84′

40°55.04′

451

−66°28.16′

40°55.03′

452

−66°27.30′

40°55.99′

453

−66°25.16′

40°58.14′

454

−66°24.11′

40°59.64′

455

−66°24.37′

41°00.32′

456

−66°23.57′

41°00.33′

457

−66°22.61′

41°01.68′

458

−66°23.05′

41°02.64′

459

−66°24.77′

41°03.86′

460

−66°24.03′

41°04.11′

461

−66°24.60′

41°04.95′

462

−66°22.60′

41°04.23′

463

−66°21.17′

41°04.35′

464

−66°21.11′

41°05.02′

465

−66°19.77′

41°04.45′

466

−66°18.07′

41°06.00′

467

−66°18.24′

41°07.82′

468

−66°17.07′

41°08.68′

469

−66°16.90′

41°08.93′

NOTES:
(3) POINT 17 represents where the western and northern boundaries meet.
(4) POINT 470 represents the U.S.-Canada Maritime Boundary.

50 CFR 648.373(a)(2)(ii) (enhanced display)

page 645 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

Point
470

50 CFR 648.373(a)(2)(iii)

Longitude

Latitude
−66°16.86′

Note
41°08.98′

( 4)

NOTES:
(3) POINT 17 represents where the western and northern boundaries meet.
(4) POINT 470 represents the U.S.-Canada Maritime Boundary.

(iii) The eastern and southern boundary (from Point 470) follows the U.S.-Canada Maritime
Boundary southeasterly to its intersection with the outer limit of the U.S. Exclusive Economic
Zone. The boundary then follows the outer limit of the U.S. Exclusive Economic Zone
southwesterly back to its origin at POINT 01.
(b) Mount Desert Rock Coral Protection Area.
(1) No vessel may fish with bottom-tending mobile gear, as defined in § 648.2, within the Mount Desert
Rock Coral Protection Area described in this section, unless transiting pursuant to paragraph (d) of
this section. Bottom-tending mobile gear includes, but is not limited to, otter trawls, beam trawls,
hydraulic dredges, non-hydraulic dredges, and seines (with the exception of a purse seine).
(2) The Mount Desert Rock Coral Protection Area is defined by the following coordinates, connected in
the order listed by straight lines:

TABLE 3 TO PARAGRAPH (b)(2)
Point

Longitude

Latitude

MDR1

−68°13.16′

43°56.99′

MDR2

−68°12.00′

43°57.00′

MDR3

−68°11.45′

43°56.17′

MDR4

−68°12.21′

43°52.62′

MDR5

−68°14.32′

43°52.11′

MDR1

−68°13.16′

43°56.99′

(c) Outer Schoodic Ridge Coral Protection Area.
(1) No vessel may fish with bottom-tending mobile gear, as defined in § 648.2, within the Outer Schoodic
Ridge Coral Protection Area described in this section, unless transiting pursuant to paragraph (d) of
this section. Bottom-tending mobile gear includes, but is not limited to, otter trawls, beam trawls,
hydraulic dredges, non-hydraulic dredges, and seines (with the exception of a purse seine).

50 CFR 648.373(c)(1) (enhanced display)

page 646 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.373(c)(2)

(2) The Outer Schoodic Ridge Coral Protection Area is defined by the following coordinates, connected
in the order listed by straight lines:

TABLE 4 TO PARAGRAPH (c)(2)
Point

Longitude

Latitude

OSR1

−67°35.60′

44°13.49′

OSR2

−67°33.10′

44°12.56′

OSR3

−67°39.70′

44°02.48′

OSR4

−67°42.29′

44°03.48′

OSR1

−67°35.60′

44°13.49′

(d) Transiting. Vessels may transit the New England Deep-Sea Coral Management Areas defined in this
section, provided bottom-tending trawl nets are out of the water and stowed on the reel and any other
fishing gear that is prohibited in these areas is onboard, out of the water, and not deployed. Fishing gear is
not required to meet the definition of “not available for immediate use” in § 648.2, when a vessel transits
the New England Deep-Sea Coral Management Areas.
(e) Framework adjustments. The Council may at any time initiate a framework adjustment to add or adjust
management measures within the New England Deep-Sea Coral Management Areas if it finds that action
is necessary to meet or be consistent with the goals and objectives of those areas. 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. Measures
that may be changed or implemented through framework action include:
(1) Adding, revising, or removing coral areas;
(2) Changing fishing restrictions in coral areas; and
(3) Developing new, or changing existing, coral area fishery access or exploratory fishing programs.
[86 FR 33558, June 25, 2021]

50 CFR 648.373(e)(3) (enhanced display)

page 647 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.373(e)(3)

Figure 1 to Part 648

50 CFR 648.373(e)(3) (enhanced display)

page 648 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.373(e)(3) (enhanced display)

50 CFR 648.373(e)(3)

page 649 of 650

50 CFR Part 648 (up to date as of 12/04/2025)
Fisheries of the Northeastern United States

50 CFR 648.373(e)(3)

[77 FR 26127, May 2, 2012]

50 CFR 648.373(e)(3) (enhanced display)

page 650 of 650