50 CFR § 648.200-648.207 - Fisheries of the Northeastern United States - Management Measures for the Atlantic Herring Fishery

978 50 CFR Ch. VI (10–1–22 Edition) § 648.200 or additions to management measures and, after reviewing the MAFMC’s rec ommendation and supporting informa tion: (i) If NMFS concurs with the MAFMC’s recommended management measures and determines that the rec ommended management measures should be issued as a final rule based on the factors specified in paragraph (a)(2) of this section, the measures will be issued as a final rule in the FEDERAL REGISTER. (ii) If NMFS concurs with the MAFMC’s recommendation and deter mines that the recommended manage ment measures should be published first as a proposed rule, the measures will be published as a proposed rule in the FEDERAL REGISTER. After addi tional public comment, if NMFS con curs with the MAFMC’s recommenda tion, the measures will be issued as a final rule in the FEDERAL REGISTER. (iii) If NMFS does not concur, the MAFMC will be notified in writing of the reasons for the non-concurrence. (b) Emergency action. Nothing in this section is meant to derogate from the authority of the Secretary to take emergency action under section 305(e) of the Magnuson-Stevens Act. [76 FR 60641, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37197, June 30, 2015] Subpart K—Management Meas ures for the Atlantic Herring Fishery SOURCE: 72 FR 11277, Mar. 12, 2007, unless otherwise noted. § 648.200 Specifications. (a) The Atlantic Herring Plan Devel opment Team (PDT) shall meet at least every 3 years, but no later than July of the year before new specifications are implemented, with the Atlantic States Marine Fisheries Commission’s (Com mission) Atlantic Herring Technical Committee (TC) to develop and rec ommend the following specifications for a period of 3 years for consideration by the New England Fishery Manage ment Council’s Atlantic Herring Over sight Committee: Overfishing Limit (OFL), Acceptable Biological Catch (ABC), Annual Catch Limit (ACL), Op timum yield (OY), domestic annual harvest (DAH), domestic annual proc essing (DAP), U.S. at-sea processing (USAP), border transfer (BT), the sub ACL for each management area, in cluding seasonal periods as specified at § 648.201(d) and modifications to sub ACLs as specified at § 648.201(f), the amount to be set aside for the RSA (from 0 to 3 percent of the sub-ACL from any management area), and river herring and shad catch caps, as speci fied in § 648.201(a)(4). Recommended specifications shall be presented to the New England Fishery Management Council. (1) The PDT shall meet with the Commission’s TC to review the status of the stock and the fishery and pre pare a Stock Assessment and Fishery Evaluation (SAFE) report at least every 3 years. The Herring PDT will meet at least once during interim years to review the status of the stock relative to the overfishing definition if information is available to do so. When conducting a 3-year review and pre paring a SAFE Report, the PDT/TC will recommend to the Council/Com mission any necessary adjustments to the specifications for the upcoming 3 years. (2) If the Council determines, based on information provided by the PDT/ TC or other stock-related information, that the specifications should be ad justed during the 3-year time period, it can do so through the same process outlined in this section during one or both of the interim years. (b) Guidelines. As the basis for its rec ommendations under paragraph (a) of this section, the PDT shall review available data pertaining to: Commer cial and recreational catch data; cur rent estimates of fishing mortality; discards; stock status; recent estimates of recruitment; virtual population analysis results and other estimates of stock size; sea sampling and trawl sur vey data or, if sea sampling data are unavailable, length frequency informa tion from trawl surveys; impact of other fisheries on herring mortality; and any other relevant information. The specifications recommended pursu ant to paragraph (a) of this section must be consistent with the following: 979 Fishery Conservation and Management § 648.200 (1) OFL must be equal to catch re sulting from applying the maximum fishing mortality threshold to a cur rent or projected estimate of stock size. When the stock is not overfished and overfishing is not occurring, this is the fishing rate supporting maximum sustainable yield (e.g., FMSY or proxy). Catch that exceeds this amount would result in overfishing. The stock is con sidered overfished if stock biomass is less than 1⁄2 the stock biomass associ ated with the MSY level or its proxy (e.g., SSBMSY or proxy). The stock is considered subject to overfishing if the fishing mortality rate exceeds the fish ing mortality rate associated with the MSY level or its proxy (e.g., FMSY or proxy). (2) ABC must be less than the OFL. The Council’s Scientific and Statistical Committee (SSC) shall recommend ABC to the Council by applying the ABC control rule and considering sci entific uncertainty. Scientific uncer tainty, including, but not limited to, uncertainty around stock size esti mates, variability around estimates of recruitment, and consideration of eco system issues, shall be considered when setting ABC. (3) ACL must be equal to or less than the ABC. Management uncertainty, which includes, but is not limited to, expected catch of herring in the New Brunswick weir fishery and the uncer tainty around discard estimates of her ring caught in Federal and state waters, shall be considered when set ting the ACL. Catch in excess of the ACL shall trigger accountability meas ures (AMs), as described in § 648.201(a). (4) OY may not exceed OFL (i.e., MSY) and must take into account the need to prevent overfishing while al lowing the fishery to achieve OY on a continuing basis. OY is prescribed on the basis of MSY, as reduced by social, economic, and ecological factors. OY may equal DAH. (5) DAH is comprised of DAP and BT. (6) River herring and shad catch caps may be allocated to the herring fishery by the following: Species, as defined in § 648.2, either separately or combined; area as specified in paragraph (f)(7) of this section; vessel permit; gear type; or any combination of these. (c) The Atlantic Herring Oversight Committee shall review the rec ommendations of the PDT and shall consult with the Commission’s Herring Board. Based on these recommenda tions and any public comment re ceived, the Herring Oversight Com mittee shall recommend to the Council appropriate specifications for a 3-year period. The Council shall review these recommendations and, after consid ering public comment, shall rec ommend appropriate 3-year specifica tions to NMFS. NMFS shall review the recommendations, consider any com ments received from the Commission, and publish notification in the FED ERAL REGISTER proposing 3-year speci fications. If the proposed specifications differ from those recommended by the Council, the reasons for any differences shall be clearly stated and the revised specifications must satisfy the criteria set forth in paragraph (b) of this sec tion. (d) NMFS shall make a final deter mination concerning the specifications for Atlantic herring. Notification of the final specifications and responses to public comments shall be published in the FEDERAL REGISTER. If the final specification amounts differ from those recommended by the Council, the rea son(s) for the difference(s) must be clearly stated and the revised speci fications must be consistent with the criteria set forth in paragraph (b) of this section. The previous year’s speci fications shall remain effective until they are revised through the specifica tion process. (e) In-season adjustments. The speci fications and sub-ACLs established pur suant to this section may be adjusted by NMFS to achieve conservation and management objectives, after con sulting with the Council, during the fishing year in accordance with the Ad ministrative Procedure Act (APA). Any adjustments must be consistent with the Atlantic Herring FMP objectives and other FMP provisions. (f) Management areas. The specifica tions process establishes sub-ACLs and other management measures for the three management areas, which may have different management measures. Management Area 1 is subdivided into inshore and offshore sub-areas. The 980 50 CFR Ch. VI (10–1–22 Edition) § 648.200 management areas are defined as fol lows: (1) Management Area 1 (Gulf of Maine): All U.S. waters of the Gulf of Maine (GOM) north of a line extending from a point at 41°39′ N. lat, 70°00′ W. long. to 42°53′ 14.32125″ N. lat., 67° 44′ 33.01613″ W. long., thence northerly along the U.S. Canada Maritime Boundary to the U.S.-Canadian border, to include state and Federal waters adjacent to the states of Maine, New Hampshire, and Massachusetts. Management Area 1 is divided into Area 1A (inshore) and Area 1B (offshore). The line dividing these areas is described by the following co ordinates: Point Latitude Longitude Note 1 ........ 41°58′ N 70° 00′ W 2 ........ 42°38′ N 70° 00′ W 3 ........ 42°53′ N 69° 40′ W 4 ........ 43°12′ N 69° 00′ W 5 ........ 43°40′ N 68° 00′ W 6 ........ 43°58′16.0314″ N 67° 21′26.157″ W (1) 1 Point 6 falls on the U.S.-Canada Maritime Boundary. (2) Management Area 2 (South Coastal Area): All state and Federal waters in clusive of sounds and bays, bounded on the east by 70°00′ W. long. and the outer limit of the U.S. Exclusive Economic Zone; bounded on the north and west by the southern coastline of Cape Cod, Massachusetts, and the coastlines of Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Vir ginia, and North Carolina; and bounded on the south by a line following the lateral seaward boundary between North Carolina and South Carolina from the coast to the Submerged Lands Act line, approximately 33°48′46.37″ N. lat., 78°29′46.46″ W. long., and then head ing due east along 33°48′46.37″ N. lat. to the outer limit of the US Exclusive Economic Zone. (3) Management Area 3 (Georges Bank): All U.S. waters east of 70°00′ W. long. and southeast of the line that runs from a point at 41°39′ N. lat. and 70°00′ W. long., northeasterly to U.S.-Canada Maritime Boundary at 42°53′14.32125″ N. lat., 67°44′33.01613″ W. long. (4) River Herring Monitoring/Avoidance Areas—(i) January–February River Her ring Monitoring/Avoidance Areas. The January–February River Herring Moni toring/Avoidance Areas include four sub-areas. Each sub-area includes the waters bounded by the coordinates below, connected in the order listed by straight lines unless otherwise noted. (A) January–February River Herring Monitoring/Avoidance Sub-Area 1. Point Latitude Longitude JF1A ........ 43°00′ N 71°00′ W JF1B ........ 43°00′ N 70°30′ W JF1C ........ 42°30′ N 70°30′ W JF1D ........ 42°30′ N 71°00′ W JF1A ........ 43°00′ N 71°00′ W (B) January–February River Herring Monitoring/Avoidance Sub-Area 2. Point Latitude Longitude JF2A ........ 42°00′ N 70°00′ W JF2B ........ 42°00′ N 69°30′ W JF2C ........ 41°30′ N 69°30′ W JF2D ........ 41°30′ N 70°00′ W JF2A ........ 42°00′ N 70°00′ W (C) January–February River Herring Monitoring/Avoidance Sub-Area 3. Point Latitude Longitude Note JF3A ........ 41°30′ N 72°00′ W JF3B ........ 41°30′ N 71°00′ W JF3C ........ 40°30′ N 71°00′ W JF3D ........ 40°30′ N 72°30′ W JF3E ........ (1) 72°30′ W (3) JF3F ......... (2) 72°00′ W (3) JF3A ........ 41°30′ N 72°00′ W 1 The southernmost shoreline of Long Island, New York. 2 The north-facing shoreline of Long Island, New York. 3 Points JF3E and JF3F are connected following the coast line of the south fork of eastern Long Island, New York. (D) January–February River Herring Monitoring/Avoidance Sub-Area 4. Point Latitude Longitude Note JF4A ........ 40°30′ N 74°00′ W JF4B ........ 40°30′ N 72°30′ W JF4C ........ 40°00′ N 72°30′ W JF4D ........ 40°00′ N 72°00′ W JF4E ........ 39°30′ N 72°00′ W JF4F ......... 39°30′ N 73°30′ W JF4G ........ 40°00′ N 73°30′ W JF4H ........ 40°00′ N 74°00′ W (1) JF4A ........ 40°30′ N 74°00′ W (1) 1 Points JF4H and JF4A are connected following 74 °W lon gitude and the easternmost shoreline of New Jersey, which ever is furthest east. (ii) March–April River Herring Moni toring/Avoidance Areas. The March– April River Herring Monitoring/Avoid ance Areas include five sub-areas. Each sub-area includes the waters bounded by the coordinates below, connected in the order listed by straight lines unless otherwise noted. 981 Fishery Conservation and Management § 648.200 (A) March–April River Herring Moni toring/Avoidance Sub-Area 1. Point Latitude Longitude MA1A ....... 43°00′ N 71°00′ W MA1B ....... 43°00′ N 70°30′ W MA1C ....... 42°30′ N 70°30′ W MA1D ....... 42°30′ N 71°00′ W MA1A ....... 43°00′ N 71°00′ W (B) March–April River Herring Moni toring/Avoidance Sub-Area 2. Point Latitude Longitude MA2A ....... 42°00′ N 70°00′ W MA2B ....... 42°00′ N 69°30′ W MA2C ....... 41°30′ N 69°30′ W MA2D ....... 41°30′ N 70°00′ W MA2A ....... 42°00′ N 70°00′ W (C) March–April River Herring Moni toring/Avoidance Sub-Area 3. Point Latitude Longitude Note MA3A ....... 41°00′ N (1) MA3B ....... 41°00′ N 71°00′ W MA3C ....... 40°30′ N 71°00′ W MA3D ....... 40°30′ N 71°30′ W MA3E ....... 40°00′ N 71°30′ W MA3F ....... 40°00′ N 72°30′ W MA3G ....... (2) 72°30′ W (3) MA3A ....... 41°00′ N (1) (3) 1 The easternmost shoreline of Long Island, New York. 2 The southernmost shoreline of Long Island, New York. 3 Points MA3G and MA3A are connected following the southern shoreline of Long Island, New York. (D) March–April River Herring Moni toring/Avoidance Sub-Area 4. Point Latitude Longitude MA4A ....... 40°00′ N 73°30′ W MA4B ....... 40°00′ N 72°30′ W MA4C ....... 39°00′ N 72°30′ W MA4D ....... 39°00′ N 73°30′ W MA4A ....... 40°00′ N 73°30′ W (E) March–April River Herring Moni toring/Avoidance Sub-Area 5. Point Latitude Longitude Note MA5A ....... 40°30′ N 74°00′ W MA5B ....... 40°30′ N 73°30′ W MA5C ....... 40°00′ N 73°30′ W MA5D ....... 40°00′ N 74°00′ W (1) MA5A ....... 40°30′ N 74°00′ W (1) 1 Points MA5D and MA5A are connected following 74 °W longitude and the easternmost shoreline of New Jersey, whichever is furthest east. (iii) May–June River Herring Moni toring/Avoidance Areas. The May–June River Herring Monitoring/Avoidance Areas include two sub-areas. Each sub area includes the waters bounded by the coordinates below, connected in the order listed by straight lines unless otherwise noted. (A) May–June River Herring Moni toring/Avoidance Sub-Area 1. Point Latitude Longitude MJ1A ........ 44°00′ N 69°30′ W MJ1B ........ 44°00′ N 69°00′ W MJ1C ....... 43°30′ N 69°00′ W MJ1D ....... 43°30′ N 69°30′ W MJ1A ........ 44°00′ N 69°30′ W (B) May–June River Herring Moni toring/Avoidance Sub-Area 2. Point Latitude Longitude MJ2A ........ 42°00′ N 70°00′ W MJ2B ........ 42°00′ N 69°30′ W MJ2C ....... 41°30′ N 69°30′ W MJ2D ....... 41°30′ N 70°00′ W MJ2A ........ 42°00′ N 70°00′ W (iv) July–August River Herring Moni toring/Avoidance Areas. The July–Au gust River Herring Monitoring/Avoid ance Areas include two sub-areas. Each sub-area includes the waters bounded by the coordinates below, connected in the order listed by straight lines unless otherwise noted. (A) July–August River Herring Moni toring/Avoidance Sub-Area 1. Point Latitude Longitude Note JA1A ........ 44°00′ N 70°00′ W JA1B ........ 44°00′ N 69°30′ W JA1C ........ 43°00′ N 69°30′ W JA1D ........ 43°00′ N 70°00′ W (1) JA1A ........ 44°00′ N 70°00′ W (1) 1 The boundary from Points JA1D to JA1A excludes the portions Maquoit Bay and Middle Bay (Brunswick, ME) east of 70°00′ W. (B) July–August River Herring Moni toring/Avoidance Sub-Area 2. Point Latitude Longitude JA2A ........ 44°00′ N 69°00′ W JA2B ........ 44°00′ N 68°30′ W JA2C ........ 43°30′ N 68°30′ W JA2D ........ 43°30′ N 69°00′ W JA2A ........ 44°00′ N 69°00′ W (v) September–October River Herring Monitoring/Avoidance Areas. The Sep tember–October River Herring Moni toring/Avoidance Areas include two sub-areas. Each sub-area includes the waters bounded by the coordinates below, connected in the order listed by straight lines unless otherwise noted. (A) September–October River Herring Monitoring/Avoidance Sub-Area 1. 982 50 CFR Ch. VI (10–1–22 Edition) § 648.200 Point Latitude Longitude Note SO1A ....... 44°30′ N 68°00′ W SO1B ....... 44°30′ N (1) (2) SO1C ....... 44°00′ N (3) (2) SO1D ....... 44°00′ N 68°00′ W SO1A ....... 44°30′ N 68°00′ W 1 The intersection of 44°30′ N and the U.S.-Canada Mari time Boundary. 2 Point SO1B and Point SO1C are connected along the U.S.-Canada Maritime Boundary. 3 The intersection of 44°00′ N and the U.S.-Canada Mari time Boundary. (B) September–October River Herring Monitoring/Avoidance Sub-Area 2. Point Latitude Longitude SO2A ....... 43°00′ N 71°00′ W SO2B ....... 43°00′ N 70°30′ W SO2C ....... 42°30′ N 70°30′ W SO2D ....... 42°30′ N 71°00′ W SO2A ....... 43°00′ N 71°00′ W (vi) November–December River Herring Monitoring/Avoidance Areas. The No vember–December River Herring Moni toring/Avoidance Areas include two sub-areas. Each sub-area includes the waters bounded by the coordinates below, connected in the order listed by straight lines unless otherwise noted. (A) November–December River Her ring Monitoring/Avoidance Sub-Area 1. Point Latitude Longitude Note ND1A ....... 43°00′ N 71°00′ W ND1B ....... 43°00′ N 70°00′ W ND1C ....... 42°00′ N 70°00′ W ND1D ....... 42°00′ N 69°30′ W ND1E ....... 41°30′ N 69°30′ W ND1F ....... 41°30′ N 70°00′ W ND1G ....... (1) 70°00′ W (3) ND1H ....... 42°00′ N (2) (3) ND1I ......... 42°00′ N 70°30′ W ND1J ........ 42°30′ N 70°30′ W ND1K ....... 42°30′ N 71°00′ W ND1A ....... 43°00′ N 71°00′ W 1 The south-facing shoreline of Cape Cod, Massachusetts. 2 The west-facing shoreline of Cape Cod, Massachusetts. 3 Point ND1G and ND1H are connected following the coast line of Cape Cod, Massachusetts. (B) November–December River Her ring Monitoring/Avoidance Sub-Area 2. Point Latitude Longitude ND2A ....... 41°30′ N 72°00′ W ND2B ....... 41°30′ N 70°00′ W ND2C ....... 40°30′ N 70°00′ W ND2D ....... 40°30′ N 70°30′ W ND2E ....... 41°00′ N 70°30′ W ND2F ....... 41°00′ N 72°00′ W ND2A ....... 41°30′ N 72°00′ W (5) Gulf of Maine Modified Haddock Stock Area. The Gulf of Maine Modified Haddock Stock Area is composed of the portions of Greater Atlantic Region Statistical Areas #464, #465, #511, #512, #513, #514, and #515 in U.S. waters, and is defined by the following points con nected in the order listed by straight lines unless otherwise noted: Point Latitude Longitude Note A .............. (1) 67°00′ W B .............. (2) 67°00′ W (3) C .............. 42°20′ N (4) (3) D .............. 42°20′ N 70°00′ W E .............. (5) 70°00′ W (6) A .............. (1) 67°00′ W (6) 1 The intersection of 67°00′ W longitude and the southern coast of Maine. 2 The intersection of 67°00′ W longitude and the U.S.-Can ada Maritime Boundary. 3 From POINT B to POINT C along the U.S.-Canada Mari time Boundary. 4 The intersection of 42°20′ N latitude and the U.S.-Canada Maritime Boundary. 5 The intersection of 70°00′ W longitude and the northeast facing shoreline of Cape Cod, Massachusetts. 6 From POINT E back to POINT A along the coastline of the United States. (6) Georges Bank Modified Haddock Stock Area. The Georges Bank Modified Haddock Stock Area is composed of Greater Atlantic Region Statistical Areas #521, #522, #525, #526, #561, and #562, and is defined by the following points connected in the order listed by straight lines unless otherwise noted: Point Latitude Longitude Note A .............. 42°20′ N 70°00′ W B .............. 42°20′ N (1) (2) C .............. 40°30′ N (3) (2) D .............. 40°30′ N 66°40′ W E .............. 39°50′ N 66°40′ W F ............... 39°50′ N 70°00′ W (4) A .............. 42°20′ N 70°00′ W (4) 1 The intersection of 42°20′ N latitude and the U.S.-Canada Maritime Boundary. 2 From POINT B to POINT C following the U.S.-Canada Maritime Boundary. 3 The intersection of 40°30′ N latitude and the U.S.-Canada Maritime Boundary. 4 From POINT F back to POINT A along 70°00′ W longitude and the coastlines of Nantucket Island and mainland Cape Cod, Massachusetts, whichever is further east. (7) River herring and shad catch cap areas—(i) Gulf of Maine Catch Cap Area. The Gulf of Maine Catch Cap Area is composed of the portions of Greater Atlantic Region Statistical Areas #464, #465, #467, #511, #512, #513, #514, and #515 in U.S. waters. The Gulf of Maine Catch Cap Area is bounded on the west by the coastline of the United States, bounded on the east by the U.S.-Can ada Maritime Boundary, and bounded on the south by the following coordi nates connected by straight lines in the order listed: 983 Fishery Conservation and Management § 648.200 Point Latitude Longitude A .............. (1) 70°00′ W B .............. 42°20′ N 70°00′ W C .............. 42°20′ N (2) 1 The intersection of 70°00′ W longitude and the northwest facing shoreline of Cape Cod, Massachusetts 2 The intersection of 42°00′ N latitude and the U.S.-Canada Maritime Boundary. (ii) Cape Cod Catch Cap Area. The Cape Cod Catch Cap Area is composed of Greater Atlantic Region Statistical Area #521, and is defined by the fol lowing points connected in the order listed by straight lines unless other wise noted: Point Latitude Longitude Note A .............. (1) 70°00′ W B .............. 42°20′ N 70°00′ W C .............. 42°20′ N 68°50′ W D .............. 41°00′ N 68°50′ W E .............. 41°00′ N 69°30′ W F ............... 41°10′ N 69°30′ W G .............. 41°10′ N 69°50′ W H .............. 41°20′ N 69°50′ W I ................ 41°20′ N (2) (3) J ............... (4) 70°00′ W (3) K .............. (5) 70°00′ W (6) A .............. (1) 70°00′ W (6) 1 The intersection of 70°00′ W longitude and the northeast facing shoreline of Cape Cod, Massachusetts 2 The intersection of 41°20′ N latitude and the northeast-fac ing shoreline of Nantucket Island. 3 From Point I to Point J along the northeast-facing shore line of Nantucket Island. 4 The intersection of 70°00′ W longitude and the northeast facing shoreline of Nantucket Island. 5 The intersection of 70°00′ W longitude and the south-fac ing shoreline of mainland Cape Cod, Massachusetts. 6 From Point K back to Point A along the east-facing shore line of Cape Cod, Massachusetts. (iii) Georges Bank Catch Cap Area. The Georges Bank Catch Cap Area is com posed of the portions of Greater Atlan tic Region Statistical Areas #522, #525, #526, #541, #542, #543, #561, #562, and #640 in U.S. waters, and is defined by the following points, connected in the order listed by straight lines unless otherwise noted: Point Latitude Longitude Note A .............. (1) 70°00′ W B .............. (2) 70°00′ W (3) C .............. 41°20′ N (4) (3) D .............. 41°20′ N 69°50′ W E .............. 41°10′ N 69°50′ W F ............... 41°10′ N 69°30′ W G .............. 41°00′ N 69°30′ W H .............. 41°00′ N 68°50′ W I ................ 42°20′ N 68°50′ W J ............... 42°20′ N (5) (6) A .............. (1) 70°00′ W (6) 1 The intersection of 70°00′ W longitude and the outer limit of the U.S. Exclusive Economic Zone. 2 The intersection of 70°00′ W longitude and the south-fac ing shoreline of Nantucket Island. 3 From Point B to Point C along the south- and east-facing shorelines of Nantucket Island. 4 The intersection of 41°20′ N latitude and the northeast-fac ing shoreline of Nantucket Island. 5 The intersection of 42°20′ N latitude and the U.S.-Canada Maritime Boundary. 6 From Point J back to Point A along the U.S.-Canada Mari time Boundary and the outer limit of the U.S. Exclusive Eco nomic Zone. (iv) Southern New England/Mid-Atlan tic Catch Cap Area. The coordinates of this area are the same as Management Area 2 (South Coastal Area), as speci fied in paragraph (f)(2) of this section. (8) River herring and shad catch cap closure areas—(i) Gulf of Maine Catch Cap Closure Area. The coordinates of this area are the same as the Gulf of Maine Catch Cap Area, as specified in paragraph (f)(7)(i) of this section. (ii) Cape Cod Catch Cap Closure Area. The coordinates of this area are the same as the Cape Cod Catch Cap Area, as specified in paragraph (f)(7)(ii) of this section. (iii) Georges Bank Catch Cap Closure Area. The coordinates of this area are the same as the Georges Bank Catch Cap Area, as specified in paragraph (f)(7)(iii) of this section. (iv) Southern New England/Mid-Atlan tic Catch Cap Closure Area. The South ern New England/Mid-Atlantic Catch Cap Closure Area is composed of the portions of Greater Atlantic Region Statistical Areas #537, #538, #539, #611, #612, #613, #614, #615, #616, #621, #622, #623, #625, #626, #627, #631, #632, #635, and #636 in US waters, and is defined by the following coordinates, con nected by straight lines in the order listed unless otherwise noted: Point Latitude Longitude Note A .............. 35°00′ N (1) B .............. 35°00′ N 74°00′ W C .............. 37°00′ N 74°00′ W D .............. 37°00′ N 73°00′ W E .............. 38°00′ N 73°00′ W F ............... 38°00′ N 72°00′ W G .............. 39°00′ N 72°00′ W H .............. 39°00′ N 71°40′ W I ................ 39°50′ N 71°40′ W J ............... 39°50′ N 70°00′ W K .............. (2) 70°00′ W (3) A .............. 35°00′ N (1) (3) 1 The intersection of 35°00′ N latitude and the mainland shoreline of North Carolina. 2 The intersection of 70°00′ W longitude and the south-fac ing shoreline of mainland Cape Cod, Massachusetts. 3 From Point K back to Point A along the mainland shore line of the United States. (g) All aspects of the following meas ures can be modified through the speci fications process: (1) AMs; (2) Possession limits; 984 50 CFR Ch. VI (10–1–22 Edition) § 648.201 (3) River Herring Monitoring/Avoid ance Areas; and (4) River herring and shad catch caps. [72 FR 11277, Mar. 12, 2007, as amended at 73 FR 4757, Jan. 28, 2008; 76 FR 11379, Mar. 2, 2011; 76 FR 81850, Dec. 29, 2011; 79 FR 8815, Feb. 13, 2014; 79 FR 71968, Dec. 4, 2014; 80 FR 37197, June 30, 2015; 81 FR 19054, Apr. 4, 2016; 85 FR 26885, May 6, 2020; 86 FR 1825, Jan. 11, 2021] § 648.201 AMs and harvest controls. (a) AMs—(1) Herring sub-ACLs and ACL—(i) Possession Limit Adjustments— (A) Areas 1A and 1B Possession Limit Ad justment. If NMFS projects that catch from Area 1A or 1B will reach 92 per cent of the annual sub-ACL allocated to Area 1A or Area 1B, before the end of the fishing year, or 92 percent of the Area 1A sub-ACL allocated to the sea sonal period as set forth in paragraph (d) of this section, beginning the date the catch is projected to reach 92 per cent of the sub-ACL, vessels may not attempt or do any of the following: Fish for, possess, transfer, receive, land, or sell more than 2,000 lb (907.2 kg) of Atlantic herring per trip in or from the applicable area, and from landing herring more than once per calendar day, except as provided in paragraphs (b) and (c) of this section. NMFS shall implement these restric tions in accordance with the APA. (B) Areas 2 and 3—(1) Possession Limit Adjustment—Phase 1. If NMFS projects that catch from Area 2 or Area 3 will reach 90 percent of the annual sub-ACL allocated to Area 2 or Area 3 before the end of the fishing year, beginning the date the catch is projected to reach 90 percent of the applicable sub-ACL, ves sels may not attempt or do any of the following: Fish for, possess, transfer, receive, land, or sell more than 40,000 lb (18,143.7 kg) of Atlantic herring per trip in or from the applicable area, and from landing herring more than once per calendar day, except as provided in paragraphs (b) and (c) of this section. Based on catch projections in relation to the amount of catch available be tween the applicable 90 percent (Phase 1) and 98 percent (Phase 2) sub-ACL ad justment thresholds, NMFS may by pass implementing this Phase 1, 40,000 lb (18,143.7-kg) possession limit and in stead implement the Phase 2, 2,000-lb (907.2-kg) possession limit described at § 648.201(a)(1)(i)(B)(2) as warranted to avoid impracticable transitions from Phase 1 to Phase 2 thresholds, avoid overages, or reduce the risk of exceed ing the ABC. NMFS shall implement these restrictions in accordance with the APA. (2) Possession Limit Adjustment—Phase 2. If NMFS projects that catch will reach 98 percent of the annual sub-ACL allocated to Area 2 or Area 3 before the end of the fishing year, beginning the date the catch is projected to reach 98 percent of the sub-ACL, vessels may not attempt or do any of the following: Fish for, possess, transfer, receive, land, or sell more than 2,000 lb (907.2 kg) of Atlantic herring per trip in the applicable area, and from landing her ring more than once per calendar day, except as provided in paragraphs (b) and (c) of this section. Based on catch projections, NMFS may implement this Phase 2, 2,000-lb (907.2-kg) posses sion limit without first implementing the Phase 1, 40,000-lb (18,143.7-kg) pos session limit described at § 648.201(a)(1)(i)(B)(1) as warranted to avoid impracticable transitions from Phase 1 to Phase 2 thresholds, avoid overages, or reduce the risk of exceed ing the ABC. NMFS shall implement these restrictions in accordance with the APA. (ii) Herring fishery closure. If NMFS projects that catch will reach 95 per cent of the ACL before the end of the fishing year, beginning the date the catch is projected to reach 95 percent of the ACL, vessels may not attempt or do any of the following: Fish for, pos sess, transfer, receive, land, or sell more than 2,000 lb (907.2 kg) of Atlantic herring per trip in all herring manage ment areas, and from landing herring more than once per calendar day, ex cept as provided in paragraphs (b) and (c) of this section. NMFS shall imple ment these restrictions in accordance with the APA. (2) When the Regional Administrator has determined that the GOM and/or GB incidental catch cap for haddock in § 648.90(a)(4)(iii)(D) has been caught, no vessel issued a Federal Atlantic her ring permit and fishing with midwater trawl gear in the applicable Account ability Measure (AM) Area, i.e., the 985 Fishery Conservation and Management § 648.201 Herring GOM Haddock AM Area or Herring GB Haddock AM Area, as de fined in § 648.86(a)(3)(ii)(A)(2) and (3) of this part, may fish for, possess, trans fer, receive, land, or sell herring in ex cess of 2,000 lb (907.2 kg) per trip in or from the applicable AM Area, and from landing herring more than once per calendar day, unless all herring pos sessed and landed by a vessel were caught outside the applicable AM Area and the vessel’s gear is not available for immediate use as defined in § 648.2 while transiting the applicable AM Area. Upon this determination, the haddock possession limit is reduced to 0 lb (0 kg) in the applicable AM area for a vessel issued a Federal Atlantic her ring permit and fishing with midwater trawl gear or for a vessel issued a Cat egory A or B Herring Permit fishing on a declared herring trip, regardless of area fished or gear used, in the applica ble AM area, unless the vessel also pos sesses a Northeast multispecies permit and is operating on a declared (con sistent with § 648.10(g)) Northeast multispecies trip. (3) ACL and sub-ACL overage deduc tions. (i) If NMFS determines that total catch exceeded an Atlantic herring sub-ACL by 10 percent or less and the ACL was not exceeded in a given fish ing year, then NMFS shall not deduct any amount of the overage from the applicable sub-ACL or ACL in the fish ing year following total catch deter mination. (ii) If NMFS determines that total catch exceeded an Atlantic herring sub-ACL by greater than 10 percent and the ACL was not exceeded in a given fishing year, then NMFS shall subtract the amount of the overage above 10 percent from the ACL and applicable sub-ACL in the fishing year following total catch determination. For exam ple, if catch exceeded the Area 1A sub ACL by 15 percent in Year 1 and the ACL was not exceeded, the amount equal to the 5 percent overage would be deducted from the ACL and Area 1A sub-ACL in Year 3. (iii) If NMFS determines that total catch exceeded an Atlantic herring sub-ACL by any amount and the ACL was also exceeded in a given fishing year, then NMFS shall subtract the full amount of the sub-ACL overage from the applicable sub-ACL, and the full amount of the ACL overage from the ACL, in the fishing year following total catch determination. For exam ple, if catch exceeded the Area 1A sub ACL by 15 percent and the ACL by 5 percent in Year 1, the amount equal to the 15-percent overage would be de ducted from the Area 1A sub-ACL and the amount equal to the 5-percent overage would be deducted from the ACL in Year 3. (iv) If NMFS determines that total catch exceeded the Atlantic herring ACL and no herring sub-ACLs were ex ceeded in a given fishing year, then NMFS shall subtract the full amount of the overage from the ACL in the fishing year following total catch de termination. For example, if catch ex ceeded the herring ACL by 2 percent in Year 1, the amount equal to the 2-per cent overage would be deducted from the ACL in Year 3, and no sub-ACLs would be reduced. (v) NMFS shall make overage deter minations and implement any changes to ACLs or sub-ACLs, through notifica tion in the FEDERAL REGISTER, and if possible, prior to the start of the fish ing year during which the reduction would occur. (4) River herring and shad catch cap. (i) The catch from all trips that land more than 6,600 lb (3 mt) of herring shall apply to the river herring and shad catch cap in the herring fishery. Caps by gear and by area shall be es tablished through the specifications process described in § 648.201. (ii) Beginning on the date that NMFS projects that river herring and shad catch will reach 95 percent of a catch cap for specified gear applicable to an area specified in § 648.200(f)(7) for the remainder of the fishing year, vessels may not attempt or do any of the fol lowing: Fish for, possess, transfer, re ceive, land, or sell more than 2,000 lb (907.2 kg) of Atlantic herring per trip using the applicable gear in the appli cable catch cap closure area, specified in § 648.200(f)(8), and from landing her ring more than once per calendar day, except as provided in paragraphs (b) and (c) of this section. NMFS shall im plement these restrictions in accord ance with the APA. 986 50 CFR Ch. VI (10–1–22 Edition) § 648.201 (b) A vessel may transit an area that is limited to the 2,000-lb (907.2-kg) limit or 40,000-lb (18,143.7-kg) limit specified in paragraph (a) of this section with greater than 2,000 lb (907.2 kg) or great er than 40,000 lb (18,143.7 kg) of herring on board, provided such herring were caught in an area or areas not subject to the 2,000-lb (907.2-kg) limit or 40,000 lb (18,143.7-kg) limit specified in para graph (a) of this section, and that all fishing gear is stowed and not available for immediate use as defined in § 648.2, and provided the vessel is issued a ves sel permit appropriate to the amount of herring on board and the area where the herring was harvested. (c) A vessel may land an area that is limited to the 2,000-lb (907.2-kg) limit or 40,000-lb (18,143.7-kg) limit specified in paragraph (a) of this section with greater than 2,000 lb (907.2 kg) or great er than 40,000 lb (18,143.7 kg) of herring on board, provided such herring were caught in an area or areas not subject to the 2,000-lb (907.2-kg) limit or 40,000 lb (18,143.7-kg) limit specified in para graph (a) of this section, and that all fishing gear is stowed and not available for immediate use as defined in § 648.2, and provided the vessel is issued a ves sel permit appropriate to the amount of herring on board and the area where the herring was harvested. (d) Seasonal sub-ACL periods. The sub ACL for each herring management area may be divided into seasonal periods by month. Seasonal sub-ACLs for herring management areas, including the spec ification of the seasonal periods, shall be set through the annual specification process described at § 648.200. The sea sonal allocation of sub-ACLs are as fol lows: (1) Area 1A: Zero percent available for harvest during January–May; 100 per cent available for harvest during June– December. (2) Area 1B: 100 percent available for harvest during January–December. (3) Area 2: 100 percent available for harvest during January–December. (4) Area 3: 100 percent available for harvest during January–December. (e) A vessel may transit an area that has zero percent sub-ACL available for harvest specified in paragraph (d) of this section with herring on board, pro vided such herring were caught in an area or areas with sub-ACL available specified in paragraph (d) of this sec tion, that all fishing gear is stowed and not available for immediate use as de fined in § 648.2, and the vessel is issued a permit that authorizes the amount of herring on board for the area where the herring was harvested. (f) Up to 500 mt of the Area 1A sub ACL shall be allocated for the fixed gear fisheries in Area 1A (weirs and stop seines) that occur west of 67°16.8′ W. long (Cutler, Maine). This set-aside shall be available for harvest by fixed gear within the specified area until No vember 1 of each fishing year. Any por tion of this allocation that has not been utilized by November 1 shall be restored to the sub-ACL allocation for Area 1A. (g) Carryover. (1) Subject to the con ditions described in this paragraph (g), unharvested catch in a herring man agement area in a fishing year (up to 10 percent of that area’s sub-ACL) shall be carried over and added to the sub ACL for that herring management area for the fishing year following the year when total catch is determined. For ex ample, NMFS will determine total catch from Year 1 during Year 2, and will add carryover to the applicable sub-ACL(s) in Year 3. All such carry over shall be based on the herring man agement area’s initial sub-ACL alloca tion for Year 1, not the sub-ACL for Year 1 as increased by carryover or de creased by an overage deduction, as specified in paragraph (a)(3) of this sec tion. All herring caught from a herring management area shall count against that area’s sub-ACL, as increased by carryover. For example, if 100 mt of herring is added as carryover from Year 1 to a 5,000 mt sub-ACL in Year 3, catch in that management area would be tracked against a total sub-ACL of 5,100 mt. NMFS shall add sub-ACL car ryover only if catch does not exceed the Year 1 ACL, specified consistent with § 648.200(b)(3). The ACL, consistent with § 648.200(b)(3), shall not be in creased by carryover specified in this paragraph (g). (2) [Reserved] (h) If NMFS determines that the New Brunswick weir fishery landed less than 3,012 mt of herring through Octo ber 1, NMFS will subtract 1,000 mt 987 Fishery Conservation and Management § 648.202 from management uncertainty and re allocate that 1,000 mt to the ACL and Area 1A sub-ACL. NMFS will notify the Council of this adjustment and publish the adjustment in the FEDERAL REGISTER. [76 FR 11380, Mar. 2, 2011, as amended at 76 FR 56999, Sept. 15, 2011; 78 FR 26169, May 3, 2013; 78 FR 61837, Oct. 4, 2013; 79 FR 52580, Sept. 4, 2014; 79 FR 71971, Dec. 4, 2014; 81 FR 19054, Apr. 4, 2016; 81 FR 75739, Nov. 1, 2016; 85 FR 26886, May 6, 2020; 86 FR 17085, Apr. 1, 2021; 87 FR 42967, July 19, 2022] § 648.202 Season and area restrictions. (a) Midwater Trawl Restricted Areas. (1) Area 1A. Federally permitted vessels fishing may not use, deploy, or fish with midwater trawl gear in Area 1A from June 1 September 30 of each fish ing year. A vessel with midwater trawl gear on board may transit Area 1A from June 1–September 30, provided such midwater trawl gear is stowed and not available for immediate use as de fined in § 648.2. Vessels may use any au thorized gear type to harvest herring in Area 1A from October 1–May 31. (2) Inshore. Federally permitted ves sels may not use, deploy, or fish with midwater trawl gear within the inshore midwater trawl restricted area. A fed erally permitted vessel with midwater trawl gear on board may transit the inshore midwater trawl restricted area, provided such midwater trawl gear is stowed and not available for immediate use as defined in § 648.2. Vessels on a de clared research set-aside trip are per mitted to use, deploy, or fish with midwater trawl gear within the inshore midwater trawl restricted areas pro vided the vessel is operating as author ized by an exempted fishing permit. The Inshore Midwater Trawl Restricted Area includes all state and Federal waters between the U.S. coastline and the following points, connected in the order listed by straight lines, unless otherwise noted: TABLE 1 TO PARAGRAPH (a)(2) Point Latitude Longitude Note IMT1 .......................................................................................... 44° 17.986′ N 67° 5.503′ W 1 2 IMT2 .......................................................................................... 42° 00.00′ N 69° 43.474′ W 2 3 IMT3 .......................................................................................... 42° 00.00′ N 69° 30.00′ W IMT4 .......................................................................................... 41° 00.00′ N 69° 30.00′ W IMT5 .......................................................................................... 41° 00.00′ N 70° 00.00′ W IMT6 .......................................................................................... 41° 2.339′ N 70° 00.00′ W 4 5 IMT7 .......................................................................................... 40° 50.637′ N 71° 51.00′ W 5 6 IMT8 .......................................................................................... 41° 18.503′ N 71° 51.00′ W 7 1 Point IMT1 represents the intersection of the U.S./Canada Maritime Boundary and the 12 nautical mile (nmi) Territorial Sea boundary. 2 From Point IMT1 to Point IMT2 following the 12 nmi Territorial Sea boundary. 3 Point IMT2 represents the intersection of the 12 nmi Territorial Sea boundary and 42°00′ N lat. 4 Point IMT6 represents the intersection of 70°00′ W long. and the 12 nmi Territorial Sea boundary. 5 From Point IMT6 to Point IMT7 following the 12 nmi Territorial Sea Boundary. 6 Point IMT7 represents the intersection of 71°51′ W long. and the 12 nmi Territorial Sea boundary. 7 Point IMT8 represents the intersection of 71°51′ W long. and the coastline of Watch Hill, RI. (b) Fishing in Northeast Multispecies Closed Areas. (1) No vessel issued an At lantic herring permit and fishing with midwater trawl gear, may fish for, pos sess or land fish in or from the Closed Areas, including Cashes Ledge Closure Area, Western GOM Closure Area, Closed Area I North (February 1–April 15), and Closed Area II, as defined in § 648.81(a)(3), (4), and (5) and (c)(3) and (4), respectively, unless it has declared first its intent to fish in the Closed Areas as required by § 648.11(m)(1), and is carrying onboard a NMFS-certified observer. (2) No vessel issued an Atlantic her ring permit and fishing with midwater trawl gear, when fishing any part of a midwater trawl tow in the Closed Areas, may slip or operationally dis card catch, as defined at § 648.2, except in the following circumstances: (i) The vessel operator has deter mined, and the preponderance of avail able evidence indicates that, there is a compelling safety reason; or (ii) A mechanical failure, including gear damage, precludes bringing some or all of the catch on board the vessel for inspection; or, 988 50 CFR Ch. VI (10–1–22 Edition) § 648.203 (iii) The vessel operator determines that pumping becomes impossible as a result of spiny dogfish clogging the pump intake. The vessel operator shall take reasonable measures, such as strapping and splitting the net, to re move all fish which can be pumped from the net prior to release. (3) Vessels may make test tows with out pumping catch on board if the net is re-set without releasing its contents provided that all catch from test tows is available to the observer to sample when the next tow is brought on board. (4) If catch is slipped or operational discarded by a vessel, the vessel oper ator must: (i) Stop fishing and immediately exit the Closed Areas. Once the vessel has exited the Closed Areas, it may con tinue to fish, but may not fish inside the Closed Areas for the remainder of that trip. (ii) Complete and sign a Released Catch Affidavit detailing: The vessel name and permit number; the VTR se rial number; where, when, and for what reason the catch was released; the esti mated weight of each species brought on board or released on that tow. A completed affidavit must be submitted to NMFS within 48 hr of the end of the trip. (iii) Report slippage events on the Atlantic herring daily VMS catch re port and indicate the reason for slip ping catch if the vessel was issued a limited access herring permit. (iv) Comply with the measures to ad dress slippage specified in § 648.11(m)(4)(iv) and (v) if the vessel was issued a Category A or B Herring Permit. [72 FR 11277, Mar. 12, 2007, as amended at 79 FR 8816, Feb. 13, 2014; 79 FR 52580, Sept. 4, 2014; 81 FR 19054, Apr. 4, 2016; 83 FR 15275, Apr. 9, 2018; 85 FR 7442, Feb. 7, 2020; 85 FR 26886, May 6, 2020; 86 FR 1825, Jan. 11, 2021; 86 FR 17086, Apr. 1, 2021] § 648.203 Gear restrictions. (a) Midwater trawl gear may only be used by a vessel issued a valid herring permit in the GOM/GB Exemption Area as defined in § 648.80(a)(17), provided it complies with the midwater trawl gear exemption requirements specified under the NE multispecies regulations at § 648.80(d), including issuance of a Letter of Authorization. (b) Purse seine gear may only be used by a vessel issued a valid herring per mit in the GOM/GB Exemption Area as defined in § 648.80(a)(17), provided it complies with the purse seine exemp tion requirements specified under the NE multispecies requirements at § 648.80(e), including issuance of a Let ter of Authorization. [72 FR 11277, Mar. 12, 2007, as amended at 83 FR 15275, Apr. 9, 2018] § 648.204 Possession restrictions. (a) A vessel must be issued and pos sess a valid limited access herring per mit (i.e., Category A, B, or C) or Cat egory E Herring Permit (as defined in § 648.4(a)(10)(iv) and (v)) to fish for, pos sess, or land more than 6,600 lb (3 mt) of Atlantic herring from any herring management area in the EEZ. A vessel must abide by any harvest restriction specified in § 648.201 that has been im plemented. (1) A vessel issued a Category A Her ring Permit may fish for, possess, or land Atlantic herring with no posses sion restriction from any of the herring management areas defined in § 648.200(f), provided none of the ac countability measures or harvest re strictions specified in § 648.201 have been implemented. (2) A vessel issued only a Category B Herring Permit may fish for, possess, or land Atlantic herring with no pos session restriction only from Area 2 or Area 3, as defined in § 648.200(f), pro vided none of the accountability meas ures or harvest restrictions specified in § 648.201 have been implemented. Such a vessel may fish in Area 1 only if issued a Category C or D Herring Permit, and only as authorized by the respective permit. (3) A vessel issued a Category C Her ring Permit may fish for, possess, or land up to, but no more than, 55,000 lb (25 mt) of Atlantic herring in any cal endar day, and is limited to one land ing of herring per calendar day, from any management area defined in § 648.200(f), provided none of the ac countability measures or harvest re strictions specified in § 648.201 have been implemented. 989 Fishery Conservation and Management § 648.206 (4) A vessel issued a Category D Her ring Permit may fish for, possess, or land up to, but no more than, 6,600 lb (3 mt) of Atlantic herring from any her ring management area per trip, and is limited to one landing of herring per calendar day, provided none of the ac countability measures or harvest re strictions specified in § 648.201 have been implemented. (5) A vessel issued a Category E Her ring Permit may fish for, possess, or land up to, but no more than, 20,000 lb (9 mt) of Atlantic herring from only Area 2 or Area 3, as defined in § 648.200(f), per trip, and is limited to one landing of herring per calendar day, provided none of the account ability measures or harvest restric tions specified in § 648.201 have been im plemented. (6) A vessel issued a herring permit may possess herring roe provided that the carcasses of the herring from which it came are not discarded at sea. (b) Each vessel working coopera tively in the herring fishery, including vessels pair trawling, purse seining, and transferring herring at-sea, must be issued a valid herring permit to fish for, possess, or land Atlantic herring and are subject to the most restrictive herring possession limit associated with the permits issued to vessels working cooperatively. [72 FR 11277, Mar. 12, 2007, as amended at 76 FR 11380, Mar. 2, 2011; 79 FR 8816, Feb. 13, 2014; 79 FR 71972, Dec. 4, 2014; 85 FR 26886, May 6, 2020] § 648.205 VMS requirements. The owner or operator any vessel issued a limited access herring permit (i.e., Category A, B, or C) or Category E Herring Permit, with the exception of fixed gear fishermen, must install and operate a VMS unit consistent with the requirements of § 648.9. The VMS unit must be installed on board, and must be operable before the vessel may begin fishing. Atlantic herring carrier vessels are not required to have VMS (See § 648.10(m) for VMS notification re quirements.). [85 FR 26886, May 6, 2020] § 648.206 Framework provisions. (a) Framework adjustment process. In response to the triennial review, or at any other time, the Council may ini tiate action to add or adjust manage ment measures if it finds that action is necessary to meet or be consistent with the goals and objectives of the At lantic Herring FMP, or to address gear conflicts as defined under § 600.10 of this chapter. (1) Adjustment process. After a man agement action has been initiated, the Council shall develop and analyze ap propriate management measures over the span of at least two Council meet ings. The Council may delegate author ity to the Herring Oversight Com mittee to conduct an initial review of the options being considered. The Over sight Committee shall review the op tions and relevant information, con sider public comment, and make a rec ommendation to the Council. (2) After the first framework meet ing, the Council may refer the issue back to the Herring Oversight Com mittee for further consideration, make adjustments to the measures that were proposed, or approve of the measures and begin developing the necessary documents to support the framework adjustments. If the Council approves the proposed framework adjustments, the Council shall identify, at this meeting, a preferred alternative and/or identify the possible alternatives. (3) A framework document shall be prepared that discusses and shows the impacts of the alternatives. It shall be available to the public prior to the sec ond or final framework meeting. (4) After developing management ac tions and receiving public testimony, the Council shall make a recommenda tion to NMFS. The Council’s rec ommendation must include supporting rationale and, if changes to the man agement measures are recommended, an analysis of impacts and a rec ommendation to NMFS on whether to issue the management measures as a final rule. If the Council recommends that the management measures should be issued as a final rule, the Council must consider at least the following factors and provide support and anal ysis for each factor considered: 990 50 CFR Ch. VI (10–1–22 Edition) § 648.206 (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. (5) If the Council’s recommendation to NMFS includes adjustments or addi tions to management measures, after reviewing the Council’s recommenda tion and supporting information NMFS may: (i) Concur with the Council’s rec ommended management measures and determine that the recommended man agement measures should be published as a final rule in the FEDERAL REG ISTER based on the factors specified in paragraphs (c)(4)(i)-(iv) of this section. (ii) Concur with the Council’s rec ommendation and determine that the recommended management measures should be first published as a proposed rule in the FEDERAL REGISTER. After additional public comment, if NMFS concurs with the Council’s rec ommendation, the measures shall be issued as a final rule in the FEDERAL REGISTER. (iii) If NMFS does not concur, the Council shall be notified in writing of the reasons for the non-concurrence. (b) Possible framework adjustment measures. Measures that may be changed or implemented through framework action include: (1) Management area boundaries or additional management areas; (2) Size, timing, or location of new or existing spawning area closures; (3) Closed areas, including midwater trawl restricted areas, other than spawning closures; (4) Restrictions in the amount of fishing time; (5) A days-at-sea system; (6) Adjustments to specifications; (7) Adjustments to the Canadian catch deducted when determining spec ifications; (8) Distribution of the ACL; (9) Gear restrictions (such as mesh size, etc.) or requirements (such as by catch-reduction devices, etc.); (10) Vessel size or horsepower restric tions; (11) Closed seasons; (12) Minimum fish size; (13) Trip limits; (14) Seasonal, area, or industry sector quotas; (15) Measures to describe and identify essential fish habitat (EFH), fishing gear management measures to protect EFH, and designation of habitat areas of particular concern within EFH; (16) Measures to facilitate aqua culture, such as minimum fish sizes, gear restrictions, minimum mesh sizes, possession limits, tagging require ments, monitoring requirements, re porting requirements, permit restric tions, area closures, establishment of special management areas or zones, and any other measures included in the FMP; (17) Changes to the overfishing defini tion; (18) Vessel monitoring system re quirements; (19) Limits or restrictions on the har vest of herring for specific uses; (20) Quota monitoring tools, such as vessel, operator, or dealer reporting re quirements; (21) Permit and vessel upgrading re strictions; (22) Implementation of measures to reduce gear conflicts, such as manda tory monitoring of a radio channel by fishing vessels, gear location reporting by fixed gear fishermen, mandatory plotting of gear by mobile fishermen, standards of operation when conflict occurs, fixed gear marking or setting practices; gear restrictions for certain areas, vessel monitoring systems, re strictions on the maximum number of fishing vessels, and special permitting conditions; (23) Limited entry or controlled ac cess system; 991 Fishery Conservation and Management § 648.207 (24) Specification of the amount of herring to be used for roe (25) In-season adjustments to ACLs; (26) Measures to address bycatch and bycatch monitoring; (27) Requirements for a herring proc essor survey; (28) ACL set-aside amounts, provi sions, adjustments; (29) 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; (30) AMs; (31) Changes to vessel trip notifica tion and declaration requirements; (32) Adjustments to measures to ad dress slippage, including sampling re quirements; (33) River Herring Monitoring/Avoid ance Areas; (34) Provisions for river herring catch avoidance program, including adjust ments to the mechanism and process for tracking fleet activity, reporting catch events, compiling data, and noti fying the fleet of changes to the area(s); the definition/duration of ‘test tows,’ if test tows would be utilized to determine the extent of river herring catch in a particular area(s); the threshold for river herring catch that would trigger the need for vessels to be alerted and move out of the area(s); the distance that vessels would be required to move from the area(s); and the time that vessels would be required to re main out of the area(s). (35) Changes to criteria/provisions for access to Northeast Multispecies Closed Areas; (36) River herring and shad catch caps, including species-specific caps, and vessels, permits, trips, gears, and areas to which caps apply; (37) River herring and shad Catch Cap Areas and Catch Cap Closure Areas; (38) Modifications to the ABC control rule, including, but not limited to, con trol rule parameters, if a quantitative stock assessment is not available, if the projections are producing ABCs that are not justified or consistent with available information, or if the stock requires a rebuilding program; and (39) Any other measure currently in cluded in the FMP. (c) Emergency action. Nothing in this section is meant to derogate from the authority of the Secretary to take emergency action under section 305(e) of the Magnuson-Stevens Act. [72 FR 11277, Mar. 12, 2007, as amended at 73 FR 4757, Jan. 28, 2008; 76 FR 11380, Mar. 2, 2011; 76 FR 81850, Dec. 29, 2011; 79 FR 8817, Feb. 13, 2014; 79 FR 71972, Dec. 4, 2014; 80 FR 37197, June 30, 2015; 86 FR 1825, Jan. 11, 2021] § 648.207 Herring Research Set-Aside (RSA). (a) NMFS shall publish a Request for Proposals (RFP) in the FEDERAL REG ISTER, consistent with procedures and requirements established by NMFS, to solicit proposals from industry for the upcoming 3 fishing years, based on re search priorities identified by the Council. (b) Proposals submitted in response to the RFP must include the following information, as well as any other spe cific information required within the RFP: A project summary that includes the project goals and objectives, the re lationship of the proposed research to herring research priorities and/or man agement needs, project design, partici pants other than the applicant, funding needs, breakdown of costs, and the ves sel(s) for which authorization is re quested to conduct research activities. (c) NMFS shall convene a review panel, including technical experts, to review proposals submitted in response to the RFP. Each panel member shall recommend which research proposals should be authorized to utilize RSA, based on the selection criteria de scribed in the RFP. (d) NMFS shall consider each panel member’s recommendation, provide final approval of the projects and the Regional Administrator may, when ap propriate, exempt selected vessel(s) from regulations specified in each of the respective FMPs through written notification to the project proponent. (e) The grant awards approved under the RFPs shall be for the upcoming 3 fishing years, unless the Council iden tifies new/different research priorities during the interim years and decides to 992 50 CFR Ch. VI (10–1–22 Edition) § 648.230 publish a second RFP. Proposals to fund research that would start prior to, or that would end after the fishing year, are not eligible for consideration. The RSA must be utilized in the same fishing year in which it was distributed (i.e., RSA and compensation trips can not be rolled over into future years). However, the money generated from the RSA may be rolled over into, or used to fund research in future years, consistent with the multi-year pro posal. (f) Whenever possible, research pro posals shall be reviewed and approved prior to the publication of final quota specifications for the upcoming fishing years. In the event that the approved proposals do not make use of any or all of the set-asides, the unutilized portion of the set-aside shall be reallocated back to its respective management area(s) when the final specifications are published. If there is unutilized set aside available, NMFS, at the request of the Council, could publish another RFP for either the second or third years of the 3-year specifications. In this case, NMFS shall release the un utilized portion of the RSA back to its respective management area(s) for the first year of the specifications and any other year that yields unutilized set aside after an additional RFP is pub lished. The Council also may decide not to publish another RFP, in which case NMFS may release the unutilized portion of the set-aside back to its re spective management area(s) for all 3 fishing years covered by the specifica tions. (g) If a proposal is approved, but a final award is not made by NMFS, or if NMFS determines that the allocated RSA cannot be utilized by a project, NMFS shall reallocate the unallocated or unused amount of the RSA to the re spective sub-ACL, in accordance with the APA, provided that the RSA can be available for harvest before the end of the fishing year for which the RSA is specified. (h) Any RSA reallocated under para graphs (f) and (g) of this section may not be used solely as compensation for research. (i) Researchers may apply for the use of more than one herring RAS alloca tion for individual research projects, and may request that the set-aside be collected separately from the research trip or as part of the research trip. The research compensation trips do not necessarily have to be conducted by the same vessel, but must be conducted in the management area from which the set-aside was derived. (j) No more than 50 percent of the al located set-aside may be taken before the research begins. If a research project is terminated for any reason prior to completion, any funds col lected from the catch sold to pay for research expenses must be refunded to U.S. Treasury. (k) NMFS shall provide authorization of the research activities to specific vessels by letter of acknowledgement, letter of authorization, or Exempted Fishing Permit issued by the Regional Administrator, which must be kept on board the vessel. (l) Upon completion of herring re search projects approved under this part, researchers must provide the Council and NMFS with a report of re search findings, which must include: A detailed description of methods of data collection and analysis; a discussion of results and any relevant conclusions presented in a format that is under standable to a non-technical audience; and a detailed final accounting of all funds used to conduct the herring re search. [72 FR 11277, Mar. 12, 2007, as amended at 76 FR 11381, Mar. 2, 2011] Subpart L—Management Meas ures for the Spiny Dogfish Fish ery SOURCE: 65 FR 1570, Jan. 11, 2000, unless otherwise noted. § 648.230 Spiny dogfish Annual Catch Limits (ACLs). (a) The Spiny Dogfish Monitoring Committee shall recommend to the Joint Spiny Dogfish Committee, an ACL for the commercial spiny dogfish fishery, which shall equal to the do mestic ABC (i.e., the ABC minus Cana dian catch) recommended by the SSC as specified in § 648.20. (1) Periodicity. The spiny dogfish ACL may be established on an annual basis