50 CFR § 648.260-648.264 - Fisheries of the Northeastern United States - Management Measures for the Atlantic Deep-Sea Red Crab Fishery

996 50 CFR Ch. VI (10–1–22 Edition) § 648.260 be in place for an entire harvest/fishing season; (ii) Whether there has been adequate notice and opportunity for participa tion by the public and members of the affected industry in the development of the Councils’ recommended manage ment measures; (iii) Whether there is an immediate need to protect the resource; and (iv) Whether there will be a con tinuing evaluation of management measures adopted following their im plementation as a final rule; (3) NMFS action. If the Councils’ rec ommendation includes adjustments or additions to management measures, then: (i) If NMFS concurs with the Coun cils’ recommended management meas ures and determines that the rec ommended 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 FED ERAL REGISTER. (ii) If NMFS concurs with the Coun cils’ 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 non-concurrence. (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 Meas ures 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] (4) The PDT, after its review of the available information on the status of the stock and the fishery, may rec ommend to the Council any measures necessary to assure that the specifica tions will not be exceeded, as well as changes to the appropriate specifica tions. (5) Taking into account the annual review and/or SAFE Report described in paragraph (b) of this section, the ad vice of the SSC, and any other relevant information, the Red Crab PDT may also recommend to the Red Crab Com mittee and Council changes to stock status determination criteria and asso ciated thresholds based on the best sci entific information available, including information from peer-reviewed stock assessments of red crab. These adjust ments 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 Re gional Administrator on appropriate specifications and any measures nec essary to assure that the specifications will not be exceeded. (ii) The Council’s recommendation must include supporting documenta tion, as appropriate, concerning the en vironmental, economic, and social im pacts of the recommendations. The Re gional Administrator shall consider the recommendations and publish a rule in the FEDERAL REGISTER proposing speci fications and associated measures, con sistent with the Administrative Proce dure Act. (iii) The Regional Administrator may propose specifications different than those recommended by the Council. If the specifications published in the FED ERAL REGISTER differ from those rec ommended by the Council, the reasons 997 Fishery Conservation and Management § 648.261 for any differences must be clearly stated and the revised specifications must satisfy the criteria set forth in this section, the FMP, and other appli cable laws. (iv) If the final specifications are not published in the FEDERAL REGISTER for the start of the fishing year, the pre vious 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 speci fications 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 proc ess. (a) To implement a framework ad justment for the Red Crab FMP, the Council shall develop and analyze pro posed actions over the span of at least two Council meetings and provide ad vance 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 re source by the Red Crab PDT, or at any other time, the Council may rec ommend 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 final Council meeting. After a management action has been initiated, the Council shall develop and analyze appropriate man agement actions within the scope iden tified below. The Council may refer the proposed adjustments to the Red Crab Committee for further deliberation and review. Upon receiving the rec ommendations of the Oversight Com mittee, the Council shall publish no tice 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, dis approve, or table) on the recommenda tion at the Council meeting following the meeting at which it first received the recommendations. Documentation and analyses for the framework adjust ment shall be available at least 2 weeks before the final meeting. (2) After developing management ac tions and receiving public testimony, the Council may make a recommenda tion to the Regional Administrator. The Council’s recommendation shall include supporting rationale, an anal ysis of impacts required under para graph (a)(1) of this section and a rec ommendation to the Regional Adminis trator on whether to issue the manage ment measures as a final rule. If the Council recommends that the manage ment measures should be issued di rectly 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 manage ment 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 participa tion by the public and members of the affected industry in the development of the Council’s recommended manage ment measures; (iii) Whether there is an immediate need to protect the resource or to im pose management measures to resolve gear conflicts; (iv) Whether there will be a con tinuing evaluation of management measures adopted following their im plementation as a final rule. (3) If the Regional Administrator concurs with the Council’s rec ommended management measures, they shall be published in the FEDERAL REGISTER. If the Council’s rec ommendation is first published as a proposed rule and the Regional Admin istrator concurs with the Council’s rec ommendation after receiving addi tional public comment, the measures 998 50 CFR Ch. VI (10–1–22 Edition) § 648.262 shall then be published as a final rule in the FEDERAL REGISTER. (4) If the Regional Administrator ap proves the Council’s recommendations, the Secretary may, for good cause found under the standard of the Admin istrative Procedure Act, waive the re quirement for a proposed rule and op portunity 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 oppor tunity for prior notice and comment in the FEDERAL REGISTER. (5) The Regional Administrator may approve, disapprove, or partially dis approve the Council’s recommendation. If the Regional Administrator does not approve the Council’s specific rec ommendation, the Regional Adminis trator must notify the Council in writ ing of the reasons for the action prior to the first Council meeting following publication of such decision. (b) [Reserved] [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 com mercial vessels for the remainder of the fishing year if the Regional Admin istrator 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 prac ticable, from a subsequent single fish ing 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 sec tion will be deducted, as soon as is practicable, from a subsequent single fishing year’s TAL, through notifica tion consistent with the Administra tive 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 sec tions, with all gills and other detritus still intact, the recovery rate is 64 per cent 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 detri tus removed, the recovery rate is 58 percent of a whole red crab, which is equal to the weight of red crab half sec tions multiplied by 1.72. (3) Female red crab restriction. A vessel may not fish for, catch, possess, trans port, 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 per son 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 bod ies in excess of one standard U.S. fish tote per trip when fishing on a dedi cated red crab trip. (b) Vessels issued red crab incidental catch permits—(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 de fined 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 sec tion, per fishing trip in or from the Red Crab Management Unit. (2) Full-processing prohibition. No per son may fully process at sea, possess, or land, fully-processed red crab. 999 Fishery Conservation and Management § 648.290 (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/restric tions. (a) Limited access red crab permitted vessels. (1) Limited access red crab ves sel 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, catch ing, 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 applica tion. (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 max imum 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, trape zoidal 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 re quired 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 nu merals at least 3 inches (7.62 cm) in height must be painted on the side of each buoy to clearly identify the ves sel. (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. (6) Additional gear requirements. (i) Vessels must comply with the gear reg ulations 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 Meas ures 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 Moni toring Committee shall recommend to the MAFMC an ACL for the commer cial golden tilefish fishery, which shall be equal to the ABC recommended by the SSC. (1) [Reserved] (2) Periodicity. The tilefish commer cial ACL may be established on an an nual 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 Mon itoring Committee shall recommend to the MAFMC separate ACLs for the commercial and recreational blueline tilefish fisheries, the sum total of