50 CFR § 648.140-648.151 - Fisheries of the Northeastern United States — Management Measures for the Black Sea Bass Fishery

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. 962 50 CFR Ch. VI (10–1–22 Edition) § 648.141 (b) Performance review. The Black Sea Bass Monitoring Committee shall con duct a detailed review of fishery per formance 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 Black Sea Bass Monitoring Committee will review fishery perform ance information and make rec ommendations to the MAFMC for changes in measures intended to ensure ACLs are not exceeded as frequently. (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 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 con ducted in conjunction with such re views. [76 FR 60636, Sept. 29, 2011] § 648.141 Black sea bass Annual Catch Target (ACT). (a) The Black Sea Bass Monitoring Committee shall identify and review the relevant sources of management uncertainty to recommend ACTs for the commercial and recreational fish ing sectors as part of the black sea bass specification process. The Black Sea Bass 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 Black Sea Bass Monitoring Committee shall recommend any re duction in catch necessary to address sector-specific management uncer tainty, consistent with paragraph (a) of this section. (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 Black Sea Bass Monitoring Committee shall con duct a detailed review of fishery per formance relative to ACTs in conjunc tion with any ACL performance review, as outlined in § 648.140(b)(1)–(3). [76 FR 60636, Sept. 29, 2011] § 648.142 Black sea bass specifications. (a) Commercial quota, recreational landing limit, research set-aside, and other specification measures. The Black Sea Bass Monitoring Committee will recommend to the Demersal Species Committee of 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-re lated discards, a recreational harvest limit, a commercial quota, along with other measures, as needed, that are projected to ensure the sector-specific ACL for an upcoming year or years will not be exceeded. The following meas ures are to be considered by the Black Sea Bass Monitoring Committee: (1) Research quota set from a range of 0 to 3 percent of the maximum al lowed. (2) A commercial quota, allocated an nually. (3) A commercial possession limit for all moratorium vessels, with the provi sion that these quantities be the max imum allowed to be landed within a 24 hour period (calendar day). (4) Commercial minimum fish size. (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 set after the reduction for research quota. (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 set after reductions for research quota. (11) Restrictions on gear other than otter trawls and pots or traps. 963 Fishery Conservation and Management § 648.142 (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 the existing AM measures and ACT control rules uti lized by the Black Sea Bass Monitoring Committee. (b) Specification fishing measures. The Demersal Species Committee shall re view the recommendations of the Black Sea Bass Monitoring Committee. Based on these recommendations and any public comment, the Demersal Species Committee shall make its rec ommendations to the MAFMC with re spect to the measures necessary to as sure that the sector-specific ACLs for an upcoming fishing year or years will not be exceeded. The MAFMC shall re view these recommendations and, based on the recommendations and public comment, make recommenda tions to the Regional Administrator with respect to the measures necessary to assure that sector ACLs are not ex ceeded. Included in the recommenda tion will be supporting documents, as appropriate, concerning the environ mental 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 Admin istrator will publish a proposed rule in the FEDERAL REGISTER to implement a commercial quota, a recreational har vest 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 Demersal Species Committee shall review the recommendations of the Black Sea Bass Monitoring Committee. Based on these recommendations and any public comment, the Demersal Species Committee shall recommend to the MAFMC and ASMFC measures that are projected to ensure the rec reational ACL for an upcoming fishing year or years will not be exceeded. The MAFMC shall review these rec ommendations and, based on the rec ommendations and any public com ment, recommend to the Regional Ad ministrator measures that are pro jected to ensure the recreational ACL for an upcoming fishing year or years will not be exceeded. The MAFMC’s recommendations must include sup porting documentation, as appropriate, concerning the environmental and eco nomic impacts of the recommenda tions. The MAFMC and the ASMFC will recommend that the Regional Ad ministrator implement either: (1) Coastwide measures. Annual coastwide management measures that constrain the recreational black sea bass fishery to the recreational harvest limit, 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 max imum fish sizes, possession limits, and closed seasons that achieve equivalent conservation as the coastwide meas ures. Each state or multi-state con servation equivalency region may im plement 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 recommenda tions, the Regional Administrator will publish a proposed rule in the FEDERAL REGISTER as soon as possible to imple ment the overall percent adjustment in recreational landings required for the fishing year, and the ASMFC’s rec ommendation concerning conservation equivalency, the precautionary default measures, and coastwide measures. (ii) The ASMFC will review conserva tion equivalency proposals and deter mine whether or not they achieve the necessary adjustment to recreational landings. The ASMFC will provide the Regional Administrator with the indi vidual state and/or multi-state region conservation measures for the ap proved state and/or multi-state region 964 50 CFR Ch. VI (10–1–22 Edition) § 648.143 proposals and, in the case of dis approved state and/or multi-state re gion proposals, the precautionary de fault measures that should be applied to a state or region. At the request of the ASMFC, precautionary default measures would apply to federally per mitted party/charter vessels and other recreational fishing vessels harvesting summer flounder in or from the EEZ when landing in a state that imple ments measures not approved by the ASMFC. (iii) After considering public com ment, the Regional Administrator will publish a final rule in the FEDERAL REGISTER to implement either the state specific conservation equivalency measures or coastwide measures to en sure that the applicable specified tar get is not exceeded. (iv) The ASMFC may allow states as signed the precautionary default meas ures to resubmit revised management measures. The ASMFC will detail the procedures by which the state can de velop alternate measures. The ASMFC will notify the Regional Administrator of any resubmitted state proposals ap proved subsequent to publication of the final rule and the Regional Adminis trator 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] § 648.143 Black sea bass accountability measures. (a) Commercial sector fishery closure. The Regional Administrator will mon itor 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 ap plied 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 morato rium 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 will have been harvested; 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 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 vessels issued a moratorium per mit land black sea bass during the clo sure. Individual states will have the re sponsibility to close their ports to landings of black sea bass during a clo sure, 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 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. 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 deduc tion will be based on landings for the current year through September 30, and landings for the previous calendar year were not included when the over age 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 er roneous landings data that were in ex cess of actual landings for the period concerned, he/she will restore the over age that was deducted in error to the appropriate quota allocation. The Re gional Administrator will publish noti fication in the FEDERAL REGISTER an nouncing the restoration. (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: 965 Fishery Conservation and Management § 648.143 (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 Evaluation. The recreational sector ACL will be evalu ated based on a 3-year moving average comparison of total catch (landings and dead discards). Both landings and dead discards will be evaluated in de termining if the 3-year average rec reational sector ACL has been exceed ed. The 3-year moving average will be phased in over the first 3 years, begin ning with 2012: Total recreational total catch from 2012 will be compared to the 2012 recreational sector ACL; the aver age total catch from both 2012 and 2013 will be compared to the average of the 2012 and 2013 recreational sector ACLs; the average total catch from 2012, 2013, and 2014 will be compared to the aver age of the 2012, 2013, and 2014 rec reational sector ACLs and, for all sub sequent years, the preceding 3-year av erage recreational total catch will be compared to the preceding 3-year aver age 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 rec reational ACT will be made in the fol lowing fishing year, or as soon as pos sible thereafter, once catch data are available, as described in paragraph 966 50 CFR Ch. VI (10–1–22 Edition) § 648.144 (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 to Federal per mit holders. [76 FR 60636, Sept. 29, 2011, as amended at 78 FR 76764, Dec. 19, 2013; 83 FR 53827, Oct. 25, 2018] § 648.144 Black sea bass gear restric tions. (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 min imum 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 pur suant 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 con strict, 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 ter minus of the codend along the top, bot tom, and each side of the net. ‘‘Top of the regulated portion of the net’’ means the 50 percent of the entire reg ulated portion of the net that (in a hy pothetical situation) will not be in con tact 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. 967 Fishery Conservation and Management § 648.145 (ii) No person on any vessel may pos sess or fish with a net capable of catch ing black sea bass in which the bars en tering or exiting the knots twist around each other. (4) Stowage of nets. Otter trawl vessels subject to the minimum mesh-size re quirement 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 require ment. 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 di ameter. (b) Pot and trap gear restrictions—(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 reg istration 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 re quirements: 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 de gradable 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 ma terials: (A) Untreated hemp, jute, or cotton string of 3⁄16 inches (4.8 mm) diameter or smaller; or (B) Magnesium alloy, timed float re leases (pop-up devices) or similar mag nesium 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-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. [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 per mit, unless otherwise specified in the conservation equivalent measures de scribed in § 648.151. 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 mor atorium permit are subject to the pos session 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 proce dures in § 648.142. However, possession of black sea bass 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 968 50 CFR Ch. VI (10–1–22 Edition) § 648.146 Area provided they follow the provi sions at § 648.150 and abide by state reg ulations. (b) If whole black sea bass are proc essed 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 ves sels 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] § 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 sub ject to the possession limit specified in § 648.145(a), may only possess black sea bass from May 15 through October 8, unless otherwise specified in the con servation equivalent measures de scribed in § 648.151 or unless this time period is adjusted pursuant to the pro cedures 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 pro vided they follow the provisions at § 648.151 and abide by state regulations. [87 FR 35116, June 9, 2022] § 648.147 Black sea bass size require ments. (a) Moratorium (commercially) per mitted 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, north ward 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 14 inches (35.56 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 pas sengers for hire or carrying more than five crew members, and for charter boats holding a black sea bass morato rium permit, if fishing with more than three crew members, unless otherwise specified in the conservation equiva lent measures as described in § 648.151. However, possession of smaller black sea bass harvested from state waters 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 § 648.151 and abide by state reg ulations. (c) The size limits in this section ap plies to the whole fish or any part of a fish found in possession (e.g., fillets), except that party or charter vessels fishing exclusively in state waters pos sessing valid black sea bass state per mits authorizing filleting at sea may possess fillets smaller than the size specified if skin remains on the fillet 969 Fishery Conservation and Management § 648.148 and all other state requirements are met. [76 FR 60638, Sept. 29, 2011, as amended at ; 84 FR 65705, Nov. 29, 2019; 87 FR 35116, June 9, 2022] § 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 pur poses of fishing may request that an area surrounding and including the site be designated by the MAFMC as a spe cial management zone (SMZ). The MAFMC may prohibit or restrain the use of specific types of fishing gear that are not compatible with the pur pose of the artificial reef or fish attrac tion device or other habitat modifica tion within the SMZ. The establish ment of an SMZ will be effected by a regulatory amendment, pursuant to the following procedure: An SMZ moni toring 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 Floun der, Scup, and Black Sea Bass Fishery Management Plan, the Magnuson-Ste vens Act, and other applicable law; (v) The natural bottom in and sur rounding potential SMZs; and (vi) Impacts on historical uses. (2) The MAFMC Chairman may schedule meetings of MAFMC’s indus try 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 rec ommend to the Regional Administrator that an SMZ be approved. Such a rec ommendation 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 rec ommendations. If the Regional Admin istrator rejects the MAFMC’s rec ommendation, 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 re view of public comments and any infor mation or data not previously avail able, the Regional Administrator will publish a final rule if he or she deter mines 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—(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 Decem ber 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′ 970 50 CFR Ch. VI (10–1–22 Edition) § 648.148 Point Corner N Latitude W Longitude 3 ................ 11NW 38°40.848′ 74°44.502′ 4 ................ 11NE 38°40.752′ 74°42.75′ 5 ................ 11SE 38°39.882′ 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 artifi cial 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′ NE Corner ......... 40°08.22′ 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′ Point N Latitude W Longitude NE Corner ......... 39°29.00′ 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′ NE Corner ......... 39°10.75′ 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′ NE Corner ......... 38°57.85′ 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′ 971 Fishery Conservation and Management § 648.151 (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] § 648.149 Black sea bass framework ad justments to management meas ures. (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 fish ing 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 Is land Southeast Light, Block Island, RI. Within this area, possession of black sea bass is permitted regardless of the minimum and/or maximum (as applica ble) 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 defini tion 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 cool er 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 conserva tion equivalency measures and rec reational 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 fish ing measures proposed to be imple mented by the states of Maine through North Carolina for 2022 are the con servation 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 rec ommendation from the Black Sea Bass Board of the Atlantic States Marine Fisheries Commission. (1) Federally permitted vessels sub ject to the recreational fishing meas ures of this part, and other rec reational 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 man agement measures are determined by the Regional Administrator to be con servation equivalent shall not be sub ject 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 sub ject to the recreational fishing meas ures of this part, and other rec reational fishing vessels registered in states and subject to the recreational fishing measures of this part, whose fishery management measures are not 972 50 CFR Ch. VI (10–1–22 Edition) § 648.160 determined by the Regional Adminis trator to be the conservation equiva lent of the season, size limits and pos session 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 recommenda tion from the Black Sea Bass Board of the Atlantic States Marine Fisheries Commission shall be subject to the fol lowing precautionary default measures: Season—June 24 through December 31; minimum size—16 inches (40.64 cm); and possession limit—3 fish. [87 FR 35117, June 9, 2022] Subpart J—Management Meas ures 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 Com mittee shall recommend to the MAFMC an ACL for the bluefish fish ery, 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, de pendent on whether the SSC provides single or multiple-year ABC rec ommendations. (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 fre quency greater than 25 percent (i.e., more than once in 4 years or any 2 con secutive years), the Bluefish Moni toring Committee 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 perform ance review criteria as part of a stock rebuilding plan following the deter mination 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 con ducted in conjunction with such re views. [76 FR 60639, Sept. 29, 2011] § 648.161 Bluefish Sector ACLs and An nual 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. (1) Sectors. The sum of the commer cial 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 allo cated to the recreational fishery. A total of 14 percent of the fishery-level ACL will be allocated to the commer cial fishery. (2) Management uncertainty. The Blue fish Monitoring Committee shall rec ommend any reduction in catch nec essary to address management uncer tainty 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 Com mittee recommendations shall identify any sector-specific sources of manage ment uncertainty affecting the fishery, technical approaches to mitigating these sources of uncertainty, and any additional relevant information consid ered in the ACT recommendation and adjustment process. (3) 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 Bluefish Monitoring Committee shall conduct a detailed review of fishery performance relative to ACTs in conjunction with