50 CFR § 648.120-648.131 - Fisheries of the Northeastern United States - Management Measures for the Scup Fishery

952 50 CFR Ch. VI (10–1–22 Edition) § 648.120 charter permit, and recreational fish ing 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 Is land Southeast Light, Block Island, RI. Within this area, possession of summer flounder is permitted regardless of the minimum or maximum size (as applica ble), possession limit, and seasons out lined 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 tran sit. 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 ves sels 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 dur ing years when conservation equiva lency 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) The Scup Monitoring Committee shall recommend to the MAFMC sepa rate ACLs for the commercial and rec reational scup fisheries, the sum total of which shall be equal to the ABC rec ommended by the SSC. (1) Sector allocations. The commercial and recreational fishing sector ACLs will be established consistent with the allocation guidelines contained 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 wheth er the SSC provides single or multiple year ABC recommendations. (b) Performance review. The Scup 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-spe cific ACLs is exceeded with a frequency greater than 25 percent (i.e., more than once in 4 years or any 2 consecutive years), the Scup Monitoring Com mittee will review fishery performance information and make recommenda tions 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 perform ance review criteria as part of a stock rebuilding plan following a determina tion 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 con ducted in conjunction with such re views. [76 FR 60631, Sept. 29, 2011] § 648.121 Scup Annual Catch Target (ACT). (a) The Scup 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 Scup Monitoring Committee rec ommendations shall identify the spe cific sources of management uncer tainty that were considered, technical approaches to mitigating these sources of uncertainty, and any additional rel evant information considered in the ACT recommendation process. (1) Sectors. Commercial and rec reational specific ACTs shall be less than or equal to the sector-specific ACLs. The Scup Monitoring Committee shall recommend any reduction in 953 Fishery Conservation and Management § 648.122 catch necessary to address sector-spe cific management uncertainty, con sistent with paragraph (a) of this sec tion. (2) Periodicity. ACTs may be estab lished 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 Scup Monitoring Committee shall conduct a detailed review of fishery performance relative to ACTs in conjunction with any ACL performance review, as out lined in § 648.120(b)(1) through (3). [76 FR 60631, Sept. 29, 2011] § 648.122 Scup specifications. (a) Commercial quota, recreational landing limits, research set-asides, and other specification measures. The Scup Monitoring Committee shall rec ommend to the Demersal Species Com mittee of 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 dis cards, recreational harvest limit, and commercial quota, along with other measures, as needed, that are projected to ensure the sector-specific ACL for an upcoming fishing year or years will not be exceeded. The measures to be considered by the Scup Monitoring Committee are as follows: (1) Research quota set from a range of 0 to 3 percent of the maximum al lowed to achieve the specified exploi tation 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 posses sion limits that result from potential rollover of quota from Winter I to Win ter II. The possession limit is the max imum 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 ap plied 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 to achieve the recreational harvest limit, set after the reduction for research quota. (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 per formance standard, the means by which discard data are collected/ob tained, fishery stratification, the proc ess for prioritizing observer sea-day al locations, reports, and/or industry funded observers or observer set aside programs. (14) Modification of existing AM measures and ACT control rules uti lized by the Scup Monitoring Com mittee. (b) Specification of fishing measures. The Demersal Species Committee shall review the recommendations of the Scup Monitoring Committee. Based on these recommendations and any public comment, the Demersal Species Com mittee shall recommend to the MAFMC measures necessary to assure that the specified ACLs will not be ex ceeded. The MAFMC’s recommendation must include supporting documenta tion, as appropriate, concerning the en vironmental and economic impacts of the recommendations. The Regional Administrator shall review these rec ommendations and any recommenda tions 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, in cluding 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 fishery. If 954 50 CFR Ch. VI (10–1–22 Edition) § 648.123 the Regional Administrator determines that additional recreational measures are necessary to ensure that the sector ACL will not be exceeded, he or she will publish a proposed rule in the FED ERAL REGISTER to implement addi tional management measures for the recreational fishery. After considering public comment, the Regional Admin istrator will publish a final rule in the FEDERAL REGISTER to implement an nual measures. (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 Ad ministrator will monitor the harvest of commercial quota for the Winter I pe riod based on dealer reports, state data, and other available information and shall determine the total amount of scup landed during the Winter I pe riod. In any year that the Regional Ad ministrator determines that the land ings of scup during Winter I are less than the Winter I quota for that year, he/she shall increase, through publica tion of a notification in the FEDERAL REGISTER, provided such rule complies with the requirements of the Adminis trative Procedure Act, the Winter II quota for that year by the amount of the Winter I under-harvest. The Re gional 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-set ting 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] § 648.123 Scup accountability meas ures. (a) Commercial sector period closures. The Regional Administrator will mon itor 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 pe riod 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 single-year exam ination of total catch (landings and dead discards). Both landings and dead discards will be evaluated in deter mining if the commercial sector ACL has been exceeded. (2) Commercial landings overage repay ment by quota period. (i) All scup landed for sale in any state during a quota pe riod 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 commer cial quota in any quota period will be deducted from that quota period’s an nual quota in the following year as pre scribed 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 fol lowing year in the final rule that es tablishes the annual quota. The over age deduction will be based on landings for the current year through Sep tember 30 and on landings for the pre vious calendar year that were not in cluded when the overage deduction was made in the final rule that established the period quotas for the current year. 955 Fishery Conservation and Management § 648.123 If the Regional Administrator deter mines 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 pe riod 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 notifica tion in the FEDERAL REGISTER during July of the following year. The overage deduction will be based on landings in formation available for the Winter II period as of June 30 of the following year. If the Regional Administrator de termines 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 re store the overage that was deducted in error to the appropriate quota alloca tion. 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 author ization to count scup landed for sale in that state from April 15 through April 30 by state-only permitted vessels fish ing exclusively in waters under the ju risdiction 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 re sponsibility and expertise, or his/her designee, and must be received by the Regional Administrator no later than April 15. Within 10 working days fol lowing receipt of the letter, the Re gional Administrator shall notify the appropriate state official of the dis position of the request. (b) Non-landing accountability meas ure. In the event that the commercial ACL has been exceeded and the overage has not been accommodated through the landings-based AM, then the fol lowing 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 bio logical 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 ex ceeded the most recent year’s commer cial ACL will be deducted, in the fol lowing fishing year from the commer cial 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 es timate 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 fol lowing AMs will apply: (i) If the Commercial ACL has been exceeded, but not the overall ABC, then no single-year AM payback is re quired. (ii) If the Commercial ACL and ABC have been exceeded, then a scaled sin gle-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 dis cards). Both landings and dead discards will be evaluated in determining if the 3-year average recreational sector ACL has been exceeded. The 3-year moving average will be phased in over the first 3 years, beginning with 2012: Total rec reational total catch from 2012 will be 956 50 CFR Ch. VI (10–1–22 Edition) § 648.124 compared to the 2012 recreational sec tor ACL; the average total catch from both 2012 and 2013 will be compared to the average of the 2012 and 2013 rec reational sector ACLs; the average total catch from 2012, 2013, and 2014 will be compared to the average of 2012, 2013, and 2014 recreational sector ACLs; and for all subsequent years, the pre ceding 3-year average recreational total catch will be compared to the preceding 3-year average recreational sector ACL. (d) Recreational AMs. If the rec reational ACL is exceeded, then the following procedure will be followed: (1) If biomass is below the threshold, the stock is under rebuilding, or biological ref erence 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 rec reational ACL has been exceeded, then the exact amount, in pounds, by which the most recent year’s recreational catch estimate exceeded the most re cent 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 rec reational ACT, as a single-year adjust ment. (2) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. If the most recent es timate 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 fol lowing AMs will apply: (i) If the Recreational ACL has been ex ceeded. 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 pre cipitated 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 adjust ment. (ii) If the ABC has been exceeded. If the ABC has been exceeded, then a sin gle year adjustment to the recreational ACT will be made, in the following fishing year, or as soon as possible thereafter, once catch data are avail able, as described in paragraph (d)(2)(ii)(A) of this section. In addition, adjustments to the recreational man agement measures, taking into account the performance of the measures and conditions that precipitated the over age, will be made in the following year. (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 recreational catch and the recreational ACL, and the payback co efficient, as specified in paragraph (d)(2)(ii)(B) of this section. (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 ac count 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 avail able, as a single-year adjustment. (e) State/Federal disconnect AM. If the total catch, allowable landings, com mercial quotas, and/or RHL measures adopted by the ASMFC Summer Floun der, Scup and Black Sea Bass Manage ment Board and the MAFMC differ for a given fishing year, administrative ac tion will be taken as soon as possible to revisit the respective recommenda tions of the two groups. The intent of this action shall be to achieve align ment through consistent state and Federal measures such that no dif ferential effects occur on Federal per mit 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] § 648.124 Scup commercial season and commercial fishery area restric tions. (a) Southern Gear Restricted Area—(1) Restrictions. From January 1 through March 15, all trawl vessels in the 957 Fishery Conservation and Management § 648.124 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 (in cluding 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 bound ed by straight lines connecting the fol lowing points in the order stated (cop ies of a chart depicting the area are available from the Regional Adminis trator 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 other wise 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-ex empt species: Longfin squid; black sea bass; and silver hake (whiting). (b) Northern Gear Restricted Area 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 ter minus 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 con necting the following points in the order stated (copies of a chart depict ing the area are available from the Re gional 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 other wise 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 (whit ing). (c) Transiting. Vessels that are sub ject 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 speci fied 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 ex emptions for fisheries other than scup. A fishery may be restricted or exempt ed 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 ves sel participating in a scup discard miti gation research project to engage in 958 50 CFR Ch. VI (10–1–22 Edition) § 648.125 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. (1) A vessel participating in an ex empted experimental fishery in the Scup Gear Restriction Area(s) must carry an EFP authorizing the activity and any required Federal fishery per mit on board. (2) The Regional Administrator may not issue an EFP unless s/he deter mines that issuance is consistent with the objectives of the FMP, the provi sions 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 ex ceeded; (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 oper ator 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 ter minus 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 pro cedure specified in § 648.104(a)(2). (3) Net modification. The owner or op erator of a fishing vessel subject to the minimum mesh requirements in § 648.124 and paragraph (a)(1) of this sec tion 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 regu lated 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 diame ter, 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 di ameter 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 per cent of the entire regulated portion of the net that (in a hypothetical situa tion) will not be in contact with the ocean bottom during a tow if the regu lated 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 ves sel subject to the minimum mesh re strictions in § 648.124 and in paragraph (a)(1) of this section shall not use any mesh construction, mesh configura tion, 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 con stricts the meshes of the net in any manner. (ii) The owner or operator of a fishing vessel subject to the minimum mesh requirements in § 648.124 and in para graph (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 oper ator 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 Sep tember 30, and subject to the minimum mesh requirements in paragraph (a)(1) 959 Fishery Conservation and Management § 648.126 of this section, and the owner or oper ator of a midwater trawl or other trawl vessel subject to the minimum size re quirement in § 648.126, may not have available for immediate use any net, or any piece of net, not meeting the min imum mesh size requirement, or mesh that is rigged in a manner that is in consistent with the minimum mesh size. A net that is stowed and not avail able 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 mora torium 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 min imum 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 proce dures in § 648.122. (b) Pot and trap gear restrictions. Own ers 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 re leases (pop-up devices) or similar mag nesium 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-degrad able retention device designed to pre vent loss of the ghost panel after the degradable materials have failed is per mitted 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 de gradable fasteners have completely de teriorated. (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 rectan gular 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. [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] § 648.126 Scup minimum fish sizes. (a) Moratorium (commercially) per mitted vessels. The minimum size for scup is 9 inches (22.9 cm) TL for all ves sels 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 mem bers if a charter boat, or more than five crew members if a party boat, then the minimum size specified in para graph (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 mem bers 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 pro vided 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 960 50 CFR Ch. VI (10–1–22 Edition) § 648.127 possession, e.g., fillets. These min imum 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 sea son. Fishermen and vessels that are not eligible for a scup moratorium permit under § 648.4(a)(6), may possess scup year-round, subject to the possession limit specified in § 648.128(a). The rec reational fishing season may be ad justed pursuant to the procedures in § 648.122. Should the recreational fish ing season be modified, non-federally scup permitted vessels abiding by state regulations may transit with scup har vested from state waters on board through the Block Island Sound Tran sit Area following the provisions out lined in § 648.131. [84 FR 65703, Nov. 29, 2019] § 648.128 Scup possession restrictions. (a) Party/Charter and recreational pos session limits. No person shall possess more than 50 scup in, or harvested from, per trip the EEZ unless that per son is the owner or operator of a fish ing vessel issued a scup moratorium permit, or is issued a scup dealer per mit. Persons aboard a commercial ves sel that is not eligible for a scup mora torium permit are subject to this pos session 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 pos session 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 ves sels when transiting Federal waters within the Block Island Sound Transit Area provided they follow the provi sions at § 648.131 and abide by state reg ulations. (b) If whole scup are processed into fillets, an authorized officer will con vert the number of fillets to whole scup at the place of landing by dividing fil let number by 2. If scup are filleted into a single (butterfly) fillet, such fil let 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 re moved. [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] § 648.129 Protection of threatened and endangered sea turtles. This section supplements existing regulations issued to regulate inci dental take of sea turtles under au thority of the Endangered Species Act under 50 CFR parts 222 and 223. In addi tion to the measures required under those parts, NMFS will investigate the extent of sea turtle takes in flynet gear and, if deemed appropriate, may de velop and certify a Turtle Excluder De vice 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 bio logical analyses, and the opportunity to comment on the proposed adjust ment(s) at the first meeting and prior 961 Fishery Conservation and Management § 648.140 to and at the second MAFMC meeting. The MAFMC’s recommendations on ad justments or additions to management measures must come from one or more of the following categories: Adjust ments within existing ABC control rules; adjustments to the existing MAFMC risk policy; introduction of new AMs, including sub-ACTs; min imum fish size; maximum fish size; gear restrictions; gear restricted areas; gear requirements or prohibitions; per mitting restrictions; recreational pos session limits; recreational seasons; closed areas; commercial seasons; com mercial trip limits; commercial quota system including commercial quota al location procedure and possible quota set asides to mitigate bycatch; rec reational harvest limits; annual speci fication quota setting process; FMP Monitoring Committee composition and process; description and identifica tion of EFH (and fishing gear manage ment measures that impact EFH); de scription and identification of habitat areas of particular concern; regional gear restrictions; regional season re strictions (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 per formance standard, the means by which discard data are collected/ob tained, fishery stratification, the proc ess for prioritizing observer sea-day al locations, reports, and/or industry funded observers or observer set aside programs; any other commercial or recreational management measures; any other management measures cur rently 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] § 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, posses sion 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, com mercial gear must be stowed in accord ance with the definition of ‘‘not avail able 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 Meas ures 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) The Black Sea Bass Monitoring Committee shall recommend to the MAFMC separate ACLs for the com mercial 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 established consistent with the allocation guidelines contained 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, de pendent on whether the SSC provides single or multiple year ABC rec ommendations.