67362 Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations 

this alternative limit is greater and thus 

less constraining than a limit of 1,828 

fishing days (as well as the existing 

limit of 2,588 fishing days), the costs of 

complying with this alternative would 

be less than or equal to those of the 

proposed limit of 1,828 fishing days. 

This alternative is rejected because it 

would depart from the way that the 

effort limits established for the period 

2009–2013 were determined. The 

approach used in formulating the limit 

in this final rule is the same as that used 

to establish ELAPS limits in the 2009 

rule, the 2011 rule, and the 2013 rule, 

and affected entities have been exposed 

to the impacts of those limits for the 

past 5 years. Furthermore, as explained 

in NMFS’ response to Comment 3, 

above, CMM 2013–01 does not all allow 

for higher purse seine effort limits in the 

U.S. EEZ than those already notified to 

the Commission. 

The alternative of taking no action at 

all, which would leave the existing 2014 

ELAPS limit of 2,588 fishing days in 

place, is rejected because it would fail 

to accomplish the objective of the 

WCPFC Implementation Act or satisfy 

the obligations of the United States as a 

Contracting Party to the Convention. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a small entity 

compliance guide has been prepared. 

The guide will be sent to permit and 

license holders in the affected fisheries. 

The guide and this final rule will also 

be available at www.fpir.noaa.gov and 

by request from NMFS PIRO (see 

ADDRESSES). 

List of Subjects in 50 CFR Part 300 

Administrative practice and 

procedure, Fish, Fisheries, Fishing, 

Marine resources, Reporting and 

recordkeeping requirements, Treaties. 

Dated: November 6, 2014. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 300 is amended 

as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

■ 1. The authority citation for 50 CFR 

part 300, subpart O, continues to read as 

follows: 

Authority: 16 U.S.C. 6901 et seq. 

■ 2. In § 300.223, paragraph (a)(1) is 

revised to read as follows: 

§ 300.223 Purse seine fishing restrictions. 

* * * * * 

(a) * * * 

(1) For calendar year 2014 there is a 

limit of 1,828 fishing days. 

* * * * * 

[FR Doc. 2014–26830 Filed 11–12–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 141002822–4933–01] 

RIN 0648–BE56 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Groundfish Fishery; Fishing Year 2014; 

Emergency Gulf of Maine Cod 

Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; interim action; 

request for comments. 

SUMMARY: This temporary rule 

implements commercial and 

recreational fishery management 

measure changes for Gulf of Maine cod 

protection in response to a recent 

updated assessment of the status of this 

severely depleted stock. The measures 

of this interim rule are necessary to 

reduce fishing mortality on GOM cod 

and to provide additional stock and 

spawning protection. The intended 

effect of these interim measures are to 

decrease fishing year 2014 catch so that 

overfishing is reduced and protect the 

stock until more permanent measures 

can be developed by the New England 

Fishery Management Council (Council). 

DATES: Effective November 13, 2014, 

until May 12, 2015. Comments must be 

received by December 13, 2014. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2014–0125, 

by any of the following methods: 

• Electronic submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0125, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

John K. Bullard, Regional 

Administrator, National Marine 

Fisheries Service, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope, ‘‘Comments on 

the GOM Cod Interim Action.’’ 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

Copies of an environmental 

assessment (EA) prepared by the Greater 

Atlantic Regional Fisheries Office 

(GARFO) and Northeast Fisheries 

Science Center (Center) for this 

rulemaking are available from John K. 

Bullard, Regional Administrator, 

National Marine Fisheries Service, 55 

Great Republic Drive, Gloucester, MA 

01930. The EA is also accessible via the 

Internet at www.nero.noaa.gov/sfd/

sfdmulti.html. 

FOR FURTHER INFORMATION CONTACT: 

Michael Ruccio, Fishery Policy Analyst, 

phone: 978–281–9104. 

SUPPLEMENTARY INFORMATION: 

Interim Measures 

At the request of the Council, and in 

response to a recent updated assessment 

of Gulf of Maine (GOM) cod indicating 

that this stock is at a historically low 

abundance level, NMFS, on behalf of 

the Secretary of Commerce, is taking 

interim action to implement GOM cod 

fishing mortality reductions and other 

management measures designed to 

reduce overfishing, protect aggregations 

and spawning, and keep GOM cod on a 

rebuilding trajectory. These actions are 

being implemented as interim measures 

under the authority provided in section 

305(c) of the Magnuson-Stevens Fishery 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations 67363 

Conservation and Management Act 

(Magnuson-Stevens Act) with the 

expectation that the Council will 

recommend additional permanent 

measures for fishing year 2015 and 

beyond to end overfishing and rebuild 

this stock. The measures are 

summarized here with additional detail 

provided under specific headings that 

appear below in this rule’s preamble. 

The measures are: 

1. Time and area closures applicable 

to federally permitted vessels using 

commercial and recreational fishing 

gear capable of catching GOM cod; 

2. A 200-lb (90.7-kg) GOM cod trip 

limit both the common pool and sector 

vessels; 

3. Changes to commercial fishing 

declarations prohibiting sector vessels 

declaring into the GOM Broad Stock 

Area from fishing in another broad stock 

area on the same trip; 

4. Prohibition on the possession of 

recreationally caught GOM cod (applies 

to entire GOM Broad Stock Area); and 

5. Revocation of a previously 

authorized GOM exemption that 

allowed sector vessels declared into the 

gillnet fishery to use more gillnets. 

This rule implements these measures 

for an initial 180 days, as authorized by 

section 305(c) of the Magnuson-Stevens 

Act. These measures may be extended, 

or modified, as needed, for an 

additional 186 days pursuant to section 

305(c) of the Magnuson-Stevens Act. 

Any modification or extension will be 

published in the Federal Register. This 

rule is consistent with the requirements 

established under section 305(c) and 

NMFS policy guidance for emergency 

rulemaking. 

Seasonal Interim Closure Areas 

The following areas are closed to 

federally permitted vessels using fishing 

gear (commercial and recreational, 

including party and charter) capable of 

catching GOM cod, which does not 

include ‘‘exempted gear’’ as defined in 

§ 648.2, in the times and areas indicated 

in Figure 1, beginning on the date this 

rule is published in the Federal 

Register. These measures temporarily 

replace and expand on the existing 

GOM rolling closures. Although the 

closures will be in effect upon this 

rule’s publication, we will delay 

implementing the closure areas for 2 

weeks following publication of this rule 

to allow fixed gear (gillnets, longline) 

time to remove fishing gear from the 

November closure areas (i.e., 30-minute 

squares 132, 133, 125, and the northern 

half of 124). The portions of the yearround Western Gulf of Maine (WGOM) 

Closure Area not otherwise closed by 

the 30-minute squares that overlap the 

area in this action will continue remain 

accessible for federally permitted party 

and charter vessels through a Letter of 

Authorization. 


rmajette on DSK2TPTVN1PROD with RULES
Rationale 

Seasonal Interim Closure Area 

Three objectives were used in 

Reducing fishing mortality by reducing 

evaluating areas for interim closures: 

objectives were analyzed in the context 

cod spawning activities. These 

be located; and protecting areas of likely 

remaining GOM cod stock is believed to 

catch; protecting core areas where the 

GOM cod commercial and recreational 

measures for Framework Adjustment 53. 

Council develops more permanent 

mortality and fishing on cod while the 

groundfish stocks but still reducing 

as to allow some harvesting of other 

of not closing down the entire GOM so 


ER13NO14.183</GPH>rmajette on DSK2TPTVN1PROD with RULES

Figure 1. Seasonal Interim Closed Areas, Closed to all Fishing Gear Capable of Catching GOM 

Altem•tlve.2 Se;asonal Closures 0.· • G 
Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations 67365 

Furthermore, it is unnecessary to try 

and prevent all fishing mortality for the 

remainder of fishing year 2014 as the 

stock can rebuild if subject to 

overfishing in 2014 and sufficient 

measures are in place beginning in 

2015. To achieve zero fishing mortality 

would require closing all fisheries in the 

Gulf of Maine, including those that do 

not target groundfish. The impacts of 

such measures would be substantial 

and, as a result, such a closure is 

impracticable and unwarranted to 

ensure effective cod conservation. 

In requesting the emergency action, 

the Council was not specific in 

describing measures it recommended to 

reduce fishing mortality for the 

remainder of fishing year 2014. We 

agree that, based on the updated 

assessment, fishing mortality must be 

greatly reduced for GOM cod as soon as 

possible to help ensure that overfishing 

can be ended and the stock can rebuild. 

To allow fishing on GOM cod for the 

rest of this fishing year without any 

additional measures and under the 

available annual catch limit (ACL), 

would reduce the likelihood of ending 

overfishing and successfully rebuilding 

the stock in subsequent years. We 

contemplated making changes to the 

ACL for the rest of fishing year 2014, 

which would trigger a quota recall. 

However, doing so would be 

administratively complex and a 

challenge to implement quickly. Given 

the stage of the fishing year, it would 

also be challenging to administer a 

quota recall in an equitable fashion. The 

Council is developing specifications for 

the 2015 fishing year (May 1, 2015, to 

April 30, 2016) in Framework 

Adjustment 53 that would reduce the 

GOM cod ACLs based on the 2014 stock 

assessment update for cod. 

We chose time and area closures as 

the best means to reduce catch for the 

remainder of fishing year 2014 in light 

of the objectives stated above. In 

selecting these areas, we analyzed 

where the majority of 2010 to midcalendar year 2014 GOM cod catches 

have occurred. The basis for our 

analysis is that fishermen have fished 

where the stock is located and by 

selectively closing some of these areas, 

catch can be reduced and the standing 

stock protected. These analyses 

indicated several locations where cod 

have consistently been taken in 

commercial and recreational fisheries 

during this time. Our analysis indicates 

that while catches were more inshore 

during 2010–12, a higher proportion of 

catch occurred east of the year-round 

WGOM Closure Area in 2013 and thus 

far in 2014. It is not known if this is a 

shift in fishing behavior, redistribution 

of the GOM cod stock, or some 

combination of both. It is also not 

known if effort and the stock may shift 

back inshore during peak spawning 

periods yet to come for winter and 

spring 2015. This redistribution mirrors 

anecdotal information recently provided 

by the fishing industry. The areas and 

times selected for closure, therefore, 

were informed by these most recent 

trends of fishing but also provide 

protection for areas of high catch earlier 

in the period evaluated. 

We also chose measures to reduce 

fishing mortality on GOM cod based on 

the potential of effort shifting to other 

groundfish stocks. We were particularly 

concerned about potential haddock 

interactions, as we are undertaking 

concurrent action to increase the fishing 

year 2014 commercial haddock catch 

allowance for the remainder of the year. 

We kept open areas where the amount 

of non-cod species catch might be strong 

but the potential cod catch relatively 

low. In cases where co-occurrence of 

cod and other likely target stocks were 

high, the areas were closed to reduce 

cod fishing mortality and to discourage 

intentional targeting of cod or incidental 

take of cod while fishing for other 

stocks. 

For GOM cod to have a meaningful 

chance to recover, not only must fishing 

mortality be controlled, but the complex 

courtship and spawning process must 

be protected. To this end, we are also 

closing areas important to spawning and 

spawning potential. The spawningrelated closure measures are based on 

information assembled by the Closed 

Area Technical Team for the Council’s 

Omnibus Habitat Amendment 2, 

information from the Industry Based 

Survey, Massachusetts Division of 

Marine Fisheries research, and scientific 

literature. Because of difficulty in 

pinpointing spawning spatially and 

temporally, we used broad, larger areas 

for the spawning-related closures. The 

use of larger areas is expected to provide 

more protection for spawning activities 

than would smaller or disaggregated 

areas. This is because there is strong 

evidence that pre-spawning courtship 

and foraging, spawning activities, and 

post-spawning egress from areas can be 

substantially impacted by fishing 

activities and result in high fishery 

removals. In particular, the focused 

harvest of spawning aggregations in 

Atlantic Canada is often cited as a 

substantial contribution to the cod stock 

collapse there in the early 1990s. More 

information on the analyses we 

performed is available in the EA and not 

repeated here. 

In selecting spawning-related 

closures, we first examined if areas were 

known or likely to be cod spawning or 

spawning activity related areas. When 

areas/times were verified, we designated 

those areas for closure irrespective of 

how much cod catch had historically 

occurred in the time/area. Next, we 

looked for areas that produced a 

proportionately high cod catch relative 

to the total cod caught in a given month 

because there is a strong correlation 

between high cod catch and spawning 

activity. Accordingly, those areas that 

provide high proportional catches, 

particularly in recent years, were 

designated for closure. 

As another basis for selecting the 

closed areas, if an area produced 

moderate catches or had variable catch 

contributions over time, we evaluated 

the tradeoff between closing the area for 

cod mortality reduction and the 

potential foregone access to other, more 

abundant stocks. We attempted to strike 

a balance between ensuring cod 

mortality would, in fact be reduced, 

while providing access to other stocks. 

The analyses we undertook indicate 

that by closing areas identified as 

producing a high proportion of cod 

catch and/or are involved with cod 

spawning activities, it may be possible 

to reduce GOM cod catch by a sizable 

amount—ranging from 68 to 82 percent 

for commercial and 73 to 81 percent for 

recreational catch, depending on which 

of the years from 2010 to 2014 are 

included in the analysis. These 

potential reductions should be viewed 

with the caveat that they are the result 

of evaluating how much catches would 

be reduced had the interim measure 

closures been in place for 12 months, 

fishing behaviors remained unchanged, 

and stock distribution stayed the same. 

This evaluation does not consider the 

catch that has already occurred for 

fishing year 2014, so it is not 

appropriate to conclude that 

approximately 75 percent of the ACL 

will be taken, for example. Any number 

of these assumptions may change and, 

as a result, the reductions should be 

viewed as a potential relative reduction 

in fishing mortality/catch. In particular, 

effort may shift to areas not heavily 

targeted for cod following 

implementation of these seasonal 

closures. In any given year, no more 

than 32 percent of the total commercial 

and 27 percent of the total recreational 

cod catch occurred in the areas being 

left open under this interim action. As 

a result, it is not possible to precisely 

quantify the potential magnitude of 

fishing mortality reduction that will 

result from the area closures; however, 

the analysis indicates closing these 

areas should be effective in reducing 

GOM cod catch and reducing 


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67366 Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations 

overfishing, in lieu of reducing 

commercial ACL inseason. The closure 

areas also provide the added benefit 

protecting fall/winter/spring GOM cod 

spawning activities. 

As previously indicated, 

implementation of these closure areas 

will be delayed for 2 weeks so that fixed 

gear can be removed from the November 

closure areas. However, on and after the 

date of publication of this rule, vessels 

transiting these closed areas must have 

gear stowed in accordance with 

regulations found in § 648.2. Trawl 

vessels may use on-net storage 

provisions in § 648.2 not available for 

immediate use that pertain to transiting 

seasonal closure areas. 

Commercial Fishery Trip Limits 

This action implements a 200-lb 

(90.7-kg) GOM cod trip limit for all 

vessels fishing in fishing year 2014 

sectors. This means that sector vessels 

and common pool vessels are now 

limited to possessing and landing limit 

of 200 lb (90.7 kg) of GOM cod per trip 

regardless of the length of a trip. This 

does not change the current possession 

and landing limit for Handgear A and 

Small Vessel category permitted vessels 

because they were already subject to a 

200-lb (90.7-kg) per trip limit under 

Framework Adjustment 51 measures. 

Commercial Fishery Trip Limit 

Rationale 

The 200-lb (90.7-kg) trip limit is 

necessary to ensure open-area catch 

does not result in excessive GOM cod 

fishing mortality by reducing the 

incentive to target on this stock in areas 

that would remain open. We evaluated 

a trip limit versus reducing the ACL and 

chose the trip limit because reducing 

ACLs would be administratively 

complex and something that could not 

be done quickly. Without a trip limit, 

there would be a possibility that if GOM 

cod occurred in any concentrations not 

expected, then catch reduction 

objectives from closed areas would be 

compromised. 

A 200-lb (90.7-kg) limit was chosen 

based on analysis of trip-level catch data 

from calendar year 2013, the most 

recent calendar year available for 

analysis, which indicates that 

approximately 75 percent of the trips 

taken in areas that will remain open in 

this action caught less than 200 lb (90.7 

kg). While the range of these trips above 

200 lb (90.7 kg) varies from just over 200 

lb (90.7 kg) to upwards of 2,000 lb (90.7 

kg), these data suggest that the 

frequency and magnitude of discards 

would not be excessive even if fishing 

behaviors are unchanged. This is 

particularly true when paired with the 

expected mortality reductions provided 

by the interim measure closed areas. If 

fishing behavior is changed such that 

fishermen actively seek to avoid 

catching GOM cod, the likelihood of 

regulatory discards should be even 

lower. Overall, even if discards of GOM 

cod on individual trips increase 

somewhat as a result of this trip limit, 

the overall reduction of fishing 

mortality of this stock should be greater 

than if no trip limit was in place. 

Approximately 25 percent of sector 

trips are subject to at-sea monitoring or 

observation. The remaining 75 percent 

of GOM sector trips are not monitored 

at sea. Very few fishermen report 

discards on their Vessel Trip Reports. 

However, we are hopeful that fishermen 

will take measures to avoid catching 

GOM cod by either avoiding areas of 

known cod concentration, using 

selective gear, leaving areas where cod 

are unexpectedly captured, and, when 

necessary, reporting cod discards. There 

are several uncertainties about how 

effort may shift in response to the closed 

areas and what GOM cod catch rates 

may be in the remaining open areas. 

Trip limits are an essential component 

to mitigating these uncertainties while 

attempting to ensure the overarching 

objectives for GOM cod are not 

compromised if effort and catches 

would otherwise be high in open areas. 

We expect trip limits to effectively 

dissuade targeting behavior, even with 

concerns about discards and 

monitoring. However, our message is 

clear: Avoid cod, if at all possible. 

We expect the Council will put in 

place 2015 GOM cod catch limits that 

will constrain operations because of low 

common pool sector catch limits. Thus, 

it is likely that sector trip limits will 

only be necessary until May 1, 2015, as 

a way to ensure overfishing is reduced 

for the remainder of the 2014 fishing 

year. The Council’s SSC has 

recommended 485 mt as an acceptable 

biological catch (ABC) for the 2015 

fishing year. 

Commercial Fishery Declaration 

Changes 

This interim rule also prohibits 

commercial fishing vessels in both the 

sector program and common pool that 

declare trips in the GOM Broad Stock 

Area from fishing in other broad stock 

areas (i.e., Georges Bank (GB) or 

Southern New England (SNE)) on the 

same trip. 

Broad Stock Area Declaration Changes 

Rationale 

NMFS, the Council, and Council’s 

Groundfish Oversight Committee have 

expressed concern that there is a strong 

incentive to misreport catch on 

unobserved trips in situations where 

catch limits or available annual catch 

entitlement (ACE) may be constraining. 

There are retrospective patterns in many 

groundfish stock assessments that may 

be the result of unaccounted-for 

mortality, one source of which may be 

misreported or unreported catch. To 

better ensure that accurate 

apportionment of catch, we are 

implementing a requirement that 

restricts trips declared into the GOM 

Broad Stock Area to fishing in that area 

only, irrespective of whether the trip is 

monitored/observed or not. Although 

recognizing that this measure impedes 

flexibility previously provided to fish in 

multiple stock areas on a trip, we have 

determined that the short-term benefits 

of this measure are necessary in the 

context of this interim rule and its 

objectives to ensure the effectiveness of 

all of the other measures in this interim 

rule. 

The Council and Committee 

contemplated a similar requirement 

restricting vessels to fishing in the 

inshore GOM area (defined as west of 

70° W. longitude) unless an at-sea 

monitor or observer was onboard. We 

understood the objective of such a 

measure was to ensure better catch 

reporting accuracy and discard 

estimation for unobserved trips 

occurring in the inshore GOM area 

while allowing multiple area trips when 

the fishing activity was monitored or 

observed. We considered this approach 

but were unable to adopt the specific 

approach discussed by the Committee 

and Council for two reasons: First, the 

existing reporting areas are based on 

broad stock areas (e.g., GOM). We would 

have to create a new inshore reporting 

area which would require changes to 

Vessel Monitoring System (VMS) areas 

and reporting requirements. 

Furthermore, new monitoring strata 

would be required for estimating 

discards inside and outside this area. 

This change would have implications 

for prescribed monitoring coverage 

levels and funding for the year. Such 

changes would also extend the 

development and implementation time 

of an emergency action and, as a result, 

were not implemented because of the 

overarching need to put in place cod 

conservation measures quickly. 

Second, putting in place this type of 

flexibility can create a bias for observed 

trips that are randomly selected for 

observer or at-sea monitoring coverage 

through the pre-trip notification system 

(PTNS). We are concerned that the 

flexibility to fish in multiple areas on a 

trip provides a strong incentive to wait 

and undertake a multiple-area trip if 


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Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations 67367 

selected for monitoring. This could 

mean fewer observers/monitors deploy 

on standard trips which would 

undermine the reliability of discard 

rates for unobserved trips that are 

operating in areas differently than those 

that are observed. 

Because of these concerns, the most 

expeditious way to improve GOM cod 

catch apportionment in the context of 

this interim rule is to restrict fishing 

activity to the GOM for trips declared 

into the broad stock area. Vessels may 

continue to declare into the Inshore and 

Offshore Georges Bank or Southern New 

England Broad Stock Areas and fish in 

both on a trip, provided all other 

existing declaration and reporting 

requirements for so doing are satisfied. 

We will encourage the Council to 

consider the implications of multiple 

stock area trips moving forward as longterm GOM cod recovery measures are 

discussed for Framework Adjustment 53 

implementation. 

Prohibition on Recreationally Caught 

GOM Cod 

This interim rule extends the current 

prohibition on possession or landing 

GOM cod in or from Federal waters by 

recreational anglers and federally 

permitted party and charter vessels to 

the end of the fishing year, April 30, 

2015. The prohibition may be extended 

beyond May 1, 2015, pending further 

Council discussion and/or agency 

evaluation of fishing year 2015 

accountability measures. 

The possession of recreationally 

caught GOM cod was already in place 

for September 1, 2014, to April 14, 2015, 

under the measures implemented for 

fishing year 2014 (77 FR 22419; April 

22, 2014). This rule extends that 

prohibition until at least April 30, 2015. 

Recreational Possession Prohibition 

Rationale 

This change is necessary to minimize 

additional recreational catch and 

discard mortality for GOM cod. Marine 

Recreational Information Program 

(MRIP) data for May–August 2014 

indicates that the fishing year 2014 

recreational sub-ACL has already been 

exceeded, prior to the opening of the 

scheduled spring fishery. MRIP data 

through waves 3 and 4 (May–August 

2014) indicate a recreational GOM cod 

catch of approximately 500 mt. The 

recreational GOM cod sub-ACL for the 

2014 fishing year is 486 mt. A 

prohibition on possession does not 

preclude recreational fishing in areas 

not otherwise closed to gear capable of 

catching cod by this interim rule. 

However, similar to commercial trip 

limits, we expect that a prohibition on 

retention will dissuade fishing activity 

in areas where cod are frequently taken 

in recreational fisheries. As with the 

commercial fishery, even if discards 

may increase on some individual trips, 

overall mortality due to recreational 

fishing is expected to decrease, 

particularly since a portion of 

recreationally captured cod are 

estimated to survive. Discard 

survivability may be enhanced further 

by good handling techniques and 

through use of baited hooks that better 

ensure mouth hooking. Preliminary 

work by several New England fisheries 

research institutions shows a higher 

incidence of severe body injury and 

associated mortality for cod taken with 

unbaited jig tackle. 

Additional measures to reduce GOM 

cod recreational mortality are 

anticipated for the May 1, 2015, start 

date of fishing year 2015, given the 2014 

overage and expected reduction in the 

overall catch limit next year. We will 

work with the Council as such measures 

are developed and will either 

implement interim measures, as needed 

for fishing year 2015, or will assist in 

implementing recreational measures 

through Framework Adjustment 53 

rulemaking. 

Sector Day Gillnet Limit on Number of 

Gillnets; Exemption Revocation 

This action rescinds a previously 

issued fishing year 2014 sector 

exemption (79 FR 23278; April 28, 

2014) for the number of gillnets that Day 

gillnet vessels fishing in the GOM can 

use. With this exemption rescinded, Day 

gillnet vessels will be subject to the 

existing regulation restricting them to 

using no more than 100 gillnets of 300 

feet (91.4 m), or 50 fathoms (91.4 m) in 

length in the GOM. Of these 100 

gillnets, no more than 50 gillnets may be 

rigged for roundfish (i.e., gillnets that 

are constructed with floats on the float 

line and that have no tie-down twine 

between the float line and the lead line). 

Number of Gillnets for Day Gillnet 

Vessels Exemption Revocation 

Rationale 

We examined all fishing year 2014 

issued sector exemptions, seeking to 

evaluate their potential impact on GOM 

cod. The Council discussed including 

exemption review in its emergency 

action request. Although ultimately, the 

Council did not ask us to review the 

possibility of rescinding sector 

exemptions, we examined which 

exemptions may be negatively 

impacting cod through high cod 

selectivity or disruption to spawning 

activity. We determined that that the 

closed areas and other management 

measures in this rule provide 

sufficiently robust catch reduction and 

stock protection measures that, other 

than the gillnet exemption, no other 

exemption needed to be modified or 

revoked for the remainder of the 2014 

fishing year. 

Day gillnet fishermen leave their nets 

fishing when they come in and out of 

port. The 2014 sector exemption 

allowed them to fish up to 150 nets, all 

of which could be roundfish nets. In 

both 2013 and 2014, we reduced this 

flexibility by removing the exemption 

when fishing in 30-minute blocks 124 

and 125 in May and blocks 132 and 133 

in June, because of concerns relating to 

mortality to GOM cod caused by 

continuous fishing by gillnets left in the 

water and the potential to disrupt 

spawning when cod are caught. In 

addition to the overall amount of Day 

gillnet gear in the water, we are also 

concerned that continuing the 

exemption could cause barriers of 

gillnets along the boundaries of closed 

areas that would otherwise catch cod 

going into or coming out of the closed 

areas. As a result, we are revoking this 

exemption as a discrete and effective 

measure that could reduce the overall 

mortality of GOM cod. 

We will allow a 2-week window from 

the date of publication of this rule for 

Day gillnet vessels to remove excess 

gear from the GOM Broad Stock Area. 

Other Measures Considered But 

Rejected 

In our consideration of what measures 

would provide catch reduction and 

stock protection in the context of an 

interim rule with the objectives stated 

above, we felt it important that 

measures must be developed, analyzed, 

and implemented quickly to be of 

benefit for the remainder of fishing year 

2014 and to provide stop-gap measures 

while the Council develops Framework 

Adjustment 53 to address on a long-term 

basis the updated assessment. This 

limited the scope and scale of options. 

We considered wholescale closure of 

the GOM; however, we thought that the 

negative socio-economic impacts were 

not justified for the conservation return 

that could be realized for such an 

action. As indicated in current analyses, 

it is not necessary to stop all mortality 

on this stock for it to be rebuilt over 

time as long as appropriate measures are 

implemented in 2015 and onward. 

We considered requiring selective 

trawl gear use in conjunction with 

closed areas. These types of nets have 

demonstrated an ability to reduce cod 

catch when properly outfitted and 

fished. We were concerned that the 

benefits of requiring such gear would be 


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67368 Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations 

diluted due to delays necessary to allow 

fishermen to comply with this action. In 

light of this delay and the difficulty in 

quantifying the amount of reduction in 

overall GOM cod mortality that would 

come from such a measure, we 

determined that costs that fishermen 

would incur for purchasing or rigging 

new gear did not justify imposing this 

requirement as a potentially short-term 

interim measure. 

We constrained our evaluation to 

modifications of existing measures or 

things that could be quickly 

implemented. This was necessary 

because new concepts and measures 

would take more time to develop and 

would potentially delay implementation 

of any action. For example, changes in 

VMS require clearance under the 

Paperwork Reduction Act. Although by 

itself this is not an insurmountable 

issue, it would require additional time 

to complete the required clearances, 

which would be contrary to the purpose 

of this action to reduce overfishing of 

GOM cod as soon as possible. We also 

started our evaluation by considering 

what the Council and Committee 

discussed, including evaluating the 

alternatives that the Council has 

initiated for Framework Adjustment 53 

because these interim measures should 

attempt to complement and bolster the 

potential Council actions. As an interim 

action, the scope, scale and type of the 

measures are necessarily different than 

those the Council may consider and has 

discussed for fishing year 2015. For 

example, the Council may choose to 

make use of catch limits that end 

overfishing in fishing year 2015 whereas 

this interim rule was constricted to 

using closed areas and trip limits as 

explained above. 

We were also concerned about 

concurrently increasing the GOM 

haddock catch limits in response to new 

assessment information for that stock. 

We considered not increasing haddock 

catch limits in the face of this action but 

recognize the desire for fisheries 

flexibility to target healthy stocks and 

the need to further mitigate the negative 

consequences of this action and 

relatively low overall catch limits for 

many stocks including GOM haddock in 

Framework Adjustment 51. We believe 

the combination of closed areas that will 

reduce cod and to some extent haddock 

catch, trip limits, and limitations of 

available sector annual catch 

entitlement (ACE) for other stocks will 

help ensure that cod mortality 

associated with targeting haddock will 

not jeopardize the overall objective of 

this action in reducing cod overfishing 

while the Council develops longer-term 

measures in Framework Adjustment 53. 

6-Month Renewal of Interim Measures 

NMFS’ interim authority is available 

for up to 180 days in an initial action 

and is open to public comments. After 

considering public comments, the 

interim rule may be extended or 

modified up to an additional 186 days 

after the date of publication by a 

subsequent rulemaking, which provides 

for a full year (12 consecutive months) 

of interim measures, if necessary. NMFS 

may renew and modify interim 

measures on or about March 2015 to 

provide cod mortality reduction and 

protection measures for the beginning of 

the 2015 fishing year that begins May 1, 

2015, as needed. Our intent is to work 

with the Council as it develops 

measures for Framework Adjustment 53; 

however, should the Council either not 

take action or not recommend sufficient 

measures for fishing year 2015, we may 

extend these or other interim measures 

for an additional period not to exceed 

an additional 186 total days. As 

examples of measures that could be 

implemented on May 1, it may be 

necessary to implement recreational 

measures for the start of the fishing year 

or modify closure area locations and 

times based on more protracted 

evaluation of spawning information or 

catch distribution. We are accepting 

comment on these initial interim 

measures for consideration on the 

extension, should one be warranted. 

Justification for Interim Action 

The Magnuson-Stevens Act authorizes 

the Secretary to act if (1) the Secretary 

finds that an emergency involving a 

fishery exists; or (2) the Secretary finds 

that interim measures are needed to 

reduce overfishing in any fishery; or (3) 

if the Council finds one of those factors 

exists and requests that the Secretary 

act. See section 305 of the MagnusonStevens Act, 16 U.S.C. 1855(c). Where 

such circumstances exist, the Secretary 

may promulgate emergency rules or 

interim measures ‘‘to address the 

emergency or overfishing’’ 16 U.S.C. 

1855(c)(1) and (2). The Secretary has 

delegated this authority to NMFS. 

Further, NMFS has issued guidance 

defining when ‘‘an emergency’’ 

involving a fishery exists (62 FR 44421; 

August 21, 1997). This guidance defines 

an emergency as a situation that (1) 

arose from recent, unforeseen events, (2) 

presents a serious conservation problem 

in the fishery, and (3) can be addressed 

through interim emergency regulations 

for which the immediate benefits 

outweigh the value of advance notice, 

public comment, and the deliberative 

consideration of the impacts on 

participants to the same extent as would 

be expected under the formal 

rulemaking process. Under the statute 

and guidance, the rationale for issuing 

these emergency and interim regulations 

is as follows: The August 2014 GOM 

cod assessment update indicates that 

the stock is overfished, is subject to 

overfishing, and is at a historically low 

level of abundance. The measures 

currently in place for fishing year 2014 

may result in substantial overfishing of 

the stock and compromise the stock’s 

ability to rebuild over the long term if 

not implemented as soon as possible. 

This action is necessary to reduce 

overfishing, consistent with the stated 

authority in section 305(c) of the 

Magnuson-Stevens Act. 

Both NMFS and the Council agree 

with the stock assessment update’s 

findings and that the stock is in need of 

immediate emergency measures to 

reduce overfishing and protect stock 

aggregations and spawning activities as 

a stop-gap while the Council develops 

longer-term measures necessitated by 

the updated assessment. Stated more 

simply, catch must be reduced and 

when and where cod are caught matters. 

The Council process would not be able 

to develop and recommend a framework 

adjustment, or other management 

measures, until its November 2014 

meeting at earliest and most likely later. 

NMFS would not be able to consider 

and implement any such Council 

recommendations, even if issued 

directly as a final rule without prior 

public comment, until late winter or 

early spring. Based on these 

considerations, the Council voted 14 for, 

3 against, to recommend that NMFS take 

emergency action as expeditiously as 

possible on behalf of the Secretary. 

NMFS stated its support for this request 

during Council deliberations, as the 

agency believes GOM cod is in need of 

immediate and rigorous protection. The 

Council’s request is to use measures to 

reduce fishing mortality in fishing year 

2014 while the Council works on longterm measures for May 1, 2015, 

implementation through Framework 

Adjustment 53. Accordingly, under the 

Magnuson-Stevens Act, NMFS, issues 

these emergency interim measures to 

address the need to reduce overfishing 

and protect the stock of GOM cod more 

expeditiously than the Council process 

or standard Administrative Procedure 

Act (APA) agency rulemaking could 

achieve. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has made a 

determination that this interim rule is 

consistent with the Northeast 


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Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations 67369 

Multispecies Fishery Management plan 

(FMP), section 305(c) and other 

provisions of the Magnuson-Stevens 

Act, the APA, and other applicable law. 

Section 553 of the APA establishes 

procedural requirements applicable to 

rulemaking by Federal agencies. The 

purpose of these requirements is to 

ensure public access to the Federal 

rulemaking process and to give the 

public adequate notice and opportunity 

for comment. Pursuant to 5 U.S.C. 

553(b)(B) and 5 U.S.C. 553(d)(3), the 

Assistant Administrator for Fisheries 

finds good cause to waive the otherwise 

applicable requirements for both notice 

and comment rulemaking and a 30-day 

delay in effectiveness for this temporary 

rule implementing GOM cod 

management measures. 

The availability of information and 

need for expedient action makes it 

impracticable to provide prior noticeand-comment opportunity and a 30-day 

cooling off period. The updated GOM 

cod assessment was initially made 

available in August and peer review was 

conducted late in that same month. The 

assessment indicates the GOM cod stock 

continues to be overfished, subject to 

substantial overfishing, and is estimated 

to be the smallest total size in recorded 

history. Over the course of September, 

the Council’s Plan Development Team 

and Scientific and Statistical Committee 

received the results of the assessment 

and peer-review before providing advice 

to the Council’s Groundfish Oversight 

Committee on September 24, 2014. In 

turn, the Committee recommended to 

the Council that a recommendation for 

emergency action be forwarded to 

NMFS. The Council deliberated on the 

Committee recommendation on October 

1, 2014. The Council overwhelmingly 

agreed that the fishing mortality for 

GOM cod needed to be reduced as 

quickly as possible for the remainder of 

fishing year 2014. The existing catch 

limits, if left in place with no additional 

management changes, have the potential 

to result in fishing at a rate four times 

the desired fishing mortality for the 

year. This is substantial overfishing. The 

temporary rule is designed to 

implement measures that will decrease 

fishing mortality and reduce 

overfishing, shift fishing effort from 

areas of recent high catches where cod 

are believed to be aggregated, and to 

protect cod spawning areas and 

activities. Reducing catch limits, which 

would include recalling previously 

issued sector ACE during the fishing 

year, would be administratively 

complex and time consuming. By taking 

the approach outlined in this temporary 

rule, NMFS can put in place measures 

that have the potential to reduce fishing 

mortality, as requested by the Council. 

In the interim between this action and 

the start of the 2015 fishing year that 

begins May 1, 2015, the Council will 

develop and recommend long-term 

solutions, including potentially lower 

ACLs, designed to protect and rebuild 

GOM cod. 

These timing-related issues paired 

with the need to complete analyses and 

the rulemaking processes as quickly as 

possible to reduce cod catches and end 

overfishing make it impracticable to 

propose GOM cod measures through 

notice-and-comment rulemaking. 

During the delay in which measures 

were developed and implemented, 

additional and potentially excessive 

GOM cod fishing mortality was 

expected to occur. In addition, some 

empirical data indicate that spawning, 

as indicated by ripe and running fish, 

begins in November. To provide 

protection for the 2014 spawning 

activities that begin in fall and continue 

through winter into spring, expediting 

these emergency measures is necessary. 

For the reasons outlined, NMFS finds 

it impracticable and contrary to the 

public interest to provide prior 

opportunity to comment on these GOM 

cod emergency measures and provide a 

30-day delay in implementation. 

Therefore, there exists good cause to 

waive both of those requirements. 

NMFS has consulted with the Office 

of Information and Regulatory Affairs 

(OIRA) and due to the circumstances 

described above this action is exempt 

from review under Executive Order 

12866. 

This interim final rule does not 

contain policies with Federalism or 

‘‘takings’’ implications as those terms 

are defined in E.O. 13132 and E.O. 

12630, respectively. 

This interim final rule is exempt from 

the procedures of the Regulatory 

Flexibility Act because the rule is issued 

without opportunity for prior notice and 

opportunity for public comment. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: November 6, 2014. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

Therefore, NOAA amends 50 CFR part 

648 as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. Section 648.2 is amended by: 

■ a. Suspending from November 13, 

2014 until April 30, 2015, the definition 

for ‘‘Gillnet gear capable of catching 

multispecies’’; and 

■ b. Temporarily add from November 

13, 2014 until April 30, 2015, a 

definition for ‘‘Gillnet gear capable of 

catching multispecies (for purposes of 

the interim action)’’, in alphabetical 

order. 

The addition reads as follows. 

§ 648.2 Definitions. 

* * * * * 

Gillnet gear capable of catching 

multispecies (for purposes of the interim 

action) means all gillnet gear except 

pelagic gillnet gear specified at 

§ 648.81(o)(2)(ii) and pelagic gillnet gear 

that is designed to fish for and is used 

to fish for or catch tunas, swordfish, and 

sharks. 

* * * * * 

■ 3. Section 648.10 is amended by 

adding paragraph (k)(3)(i)(A) and 

reserved paragraph (k)(3)(i)(B) to read as 

follows: 

§ 648.10 VMS and DAS requirements for 

vessel owners/operators. 

* * * * * 

(k) * * * 

(3) * * * 

(i) * * * 

(A) Vessels that notify NMFS of their 

intended fishing activity in accordance 

with paragraphs (g), (h), or (k) of this 

section, must declare one or more NE 

multispecies broad stock areas, as 

defined in paragraphs (k)(3)(i) through 

(iv) of this section, unless otherwise 

specified in this paragraph (k)(3)(i)(A). If 

a vessel declares to fish in the GOM 

Stock Area I as defined in paragraph 

(k)(3)(i), the vessel is prohibited from 

fishing outside of the GOM Stock Area 

I on that trip. 

(B) [Reserved] 

* * * * * 

■ 4. Section 648.14 is amended by: 

■ a. Suspending from November 13, 

2014 until April 30, 2015, paragraphs 

(k)(6)(i)(E), (k)(7)(i)(A) and (B), 

(k)(12)(v)(E) and (F), (k)(13)(i)(D)(1) 

through (4), (k)(13)(ii)(B) through (D), 

(k)(14)(viii), and (k)(16)(iii)(A) through 

(C); 

■ b. Revising paragraphs (k)(12)(i) 

introductory text, (k)(13)(i) introductory 

text; and 

■ c. Temporarily adding from November 

13, 2014 until April 30, 2015, 

paragraphs (k)(6)(i)(H), (k)(7)(i)(H) 

through (J), (k)(12)(v)(K) and (L), 

(k)(13)(i)(D)(5) and (6), (k)(13)(ii)(K) 

through (M), (k)(14)(xii), and 

(k)(16)(iii)(D) through (F). 


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The revisions and additions read as 

follows: 

§ 648.14 Prohibitions. 

* * * * * 

(k) * * * 

(6) * * * 

(i) * * * 

(H) Use, set, haul back, fish with, or 

possess on board a vessel, unless not 

available for immediate use as defined 

in § 648.2, or fail to remove, sink gillnet 

gear and other gillnet gear capable of 

catching NE multispecies, with the 

exception of single pelagic gillnets (as 

described in § 648.81(o)(2)(ii)), in the 

areas and for the times specified in 

§ 648.80(g)(6)(iii) and (iv), except as 

provided in § 648.80(g)(6)(iii) and (iv), 

and § 648.81(o)(2)(ii), or unless 

otherwise authorized in writing by the 

Regional Administrator. 

* * * * * 

(7) * * * 

(i) * * * 

(H) Seasonal Interim Closure Areas. 

Fish for, harvest, possess, or land 

regulated species in or from the closed 

areas specified in in § 648.81(o)(1), 

except as provided in § 648.81(o)(2). 

(I) Enter, be on a fishing vessel in, or 

fail to remove gear from the EEZ portion 

of the areas described in § 648.81(d)(3) 

through (g)(1), except as provided in 

§ 648.81(d)(4), (e)(3), (g)(2), and (i), and 

(o)(2). 

(J) Fish for, harvest, possess, or land 

regulated species in or from the closed 

areas specified in § 648.81(a) through (f) 

and (o), unless otherwise specified in 

§ 648.81(c)(2)(iii), (i), (o)(2), or as 

authorized under § 648.85. 

* * * * * 

(12) SAP restrictions. (i) It is unlawful 

for any person to: 

* * * * * 

(v) * * * 

(K) If fishing in the Regular B DAS 

Program specified in § 648.85(b)(6), fail 

to comply with the landing limits 

specified in § 648.85(b)(6)(iv)(K). 

(L) If fishing under a Regular B DAS 

in the Regular B DAS Program, fail to 

comply with the DAS flip requirements 

of § 648.85(b)(6)(iv)(E) if the vessel 

harvests and brings on board more than 

the landing limit for a groundfish stock 

of concern specified in 

§ 648.85(b)(6)(iv)(K), other groundfish 

specified under § 648.86, or monkfish 

under § 648.94. 

(13) Possession and landing 

restrictions. (i) It is unlawful for all 

persons to: 

* * * * * 

(D) * * * 

(5) Enter port, while on a NE 

multispecies trip, in possession of more 

than the allowable limit of cod specified 

in § 648.82(b)(7) or (8); § 648.86(b)(5), 

unless the vessel is fishing under the 

cod exemption specified in 

§ 648.86(b)(7); § 648.87(c)(2)(ii)(E); or 

§ 648.88(a)(1). 

(6) Fail to declare through VMS an 

intent to be exempt from the GOM cod 

trip limit under § 648.86(b)(5), as 

required under § 648.86(b)(7), or fish 

north of the exemption line if in 

possession of more than the GOM cod 

trip limit specified under § 648.86(b)(5). 

(ii) * * * 

(K) Possess or land per trip more than 

the possession or landing limits 

specified in § 648.86(a), (b), (c), (e), (g), 

(h), (j), (l), (m), (n), and (o); 

§ 648.82(b)(7) and (8); § 648.85; or 

§ 648.88, if the vessel has been issued a 

limited access NE multispecies permit 

or open access NE multispecies permit, 

as applicable. 

(L) Fish for, possess at any time 

during a trip, or land regulated NE 

multispecies or ocean pout specified in 

§ 648.86 after using up the vessel’s 

annual DAS allocation or when not 

participating in the DAS program 

pursuant to § 648.82, unless otherwise 

exempted by §§ 648.82(b)(7), 648.87, or 

648.89, or allowed pursuant to 

§§ 648.85(b)(6) or 648.88. 

(M) Atlantic cod. (1) Enter port, while 

on a NE multispecies DAS trip, in 

possession of more than the allowable 

limit of cod specified in § 648.86(b)(5), 

unless the vessel is fishing under the 

cod exemption specified in 

§ 648.86(b)(7). 

(2) Enter port, while on a NE 

multispecies DAS trip, in possession of 

more than the allowable limit of cod 

specified in § 648.86(b)(6). 

(3) Fail to declare through VMS an 

intent to be exempt from the GOM cod 

trip limit under § 648.86(b)(5), as 

required under § 648.86(b)(7), or fish 

north of the exemption line if in 

possession of more than the GOM cod 

trip limit specified under § 648.86(b)(5). 

(14) * * * 

(xii) With the exception of GOM cod, 

discard legal-sized regulated species or 

ocean pout allocated to sectors pursuant 

to § 648.87(b)(1)(i), as prohibited by 

§ 648.87(b)(1)(v). 

* * * * * 

(16) * * * 

(iii) * * * 

(D) If fishing under the recreational or 

charter/party regulations, fish for or 

possess cod caught in the GOM 

Regulated Mesh Area as specified under 

§ 648.89(c)(8), or fail to abide by the 

appropriate restrictions if transiting 

with cod on board. 

(E) If the vessel has been issued a 

charter/party permit or is fishing under 

charter/party regulations, fail to comply 

with the requirements specified in 

§ 648.81(o)(2)(iii) when fishing in the 

areas described in § 648.81(d)(3) 

through (o)(1) during the time periods 

specified. 

(F) If the vessel is a private 

recreational or charter/party boat fishing 

vessel, fail to comply with the GOM cod 

possession prohibition described in 

§ 648.89(c)(8). 

* * * * * 

■ 5. Section 648.80 is amended by: 

■ a. Suspending from November 13, 

2014 until April 30, 2015, paragraphs 

(a)(3)(vi), (a)(4)(iii), and (g)(6)(i) and (ii); 

and 

■ b. Temporarily adding from November 

13, 2014 until April 30, 2015, 

paragraphs (a)(3)(viii), (a)(4)(ix), and 

(g)(6)(iii) and (iv). 

The additions read as follows: 

§ 648.80 NE multispecies regulated mesh 

areas and restrictions on gear and methods 

of fishing. 

* * * * * 

(a) * * * 

(3) * * * 

(viii) Other restrictions and 

exemptions. A vessel is prohibited from 

fishing in the GOM or GB Exemption 

Area as defined in paragraph (a)(17) of 

this section, except if fishing with 

exempted gear (as defined under this 

part) or under the exemptions specified 

in paragraphs (a)(5) through (7), (a)(9) 

through (16), (a)(18) and (19), (d), (e), 

(h), and (i) of this section; or if fishing 

under a NE multispecies DAS; or if 

fishing on a sector trip; or if fishing 

under the Small Vessel or Handgear A 

permit specified in § 648.82(b)(7) and 

(8), respectively; or if fishing under a 

Handgear B permit specified in 

§ 648.88(a); or if fishing under the 

scallop state waters exemptions 

specified in § 648.54 and paragraph 

(a)(11) of this section; or if fishing under 

a scallop DAS in accordance with 

paragraph (h) of this section; or if 

fishing pursuant to a NE multispecies 

open access Charter/Party or Handgear 

permit specified in § 648.88; or if fishing 

as a charter/party or private recreational 

vessel in compliance with § 648.89. Any 

gear used by a vessel in this area must 

be authorized under one of these 

exemptions. Any gear on a vessel that is 

not authorized under one of these 

exemptions must not be available for 

immediate use as defined in § 648.2. 

(4) * * * 

(ix) Large-mesh vessels. When fishing 

in the GB Regulated Mesh Area, the 

minimum mesh size for any trawl net, 

or sink gillnet, and the minimum mesh 

size for any trawl net, or sink gillnet, 

when fishing in that portion of the GB 


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Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations 67371 

Regulated Mesh Area that lies within 

the SNE Exemption Area, as described 

in paragraph (b)(10) of this section, that 

is not stowed and available for 

immediate use as defined in § 648.2, on 

a vessel or used by a vessel fishing 

under a DAS in the Large-mesh DAS 

program, specified in § 648.82(b)(7), is 

8.5-inch (21.6-cm) diamond or square 

mesh throughout the entire net. This 

restriction does not apply to nets or 

pieces of nets smaller than 3 ft (0.9 m) 

× 3 ft (0.9 m), (9 sq ft (0.81 sq m)), or 

to vessels that have not been issued a 

NE multispecies permit and that are 

fishing exclusively in state waters. 

* * * * * 

(g) * * * 

(6) * * * 

(iii) Requirements for gillnet gear 

capable of catching NE multispecies to 

reduce harbor porpoise takes. In 

addition to the requirements for gillnet 

fishing identified in this section, all 

persons owning or operating vessels in 

the EEZ that fish with sink gillnet gear 

and other gillnet gear capable of 

catching NE multispecies, with the 

exception of single pelagic gillnets (as 

described in § 648.81(o)(2)(ii)), must 

comply with the applicable provisions 

of the Harbor Porpoise Take Reduction 

Plan found in § 229.33 of this title. 

(iv) Requirements for gillnet gear 

capable of catching NE multispecies to 

prevent large whale takes. In addition to 

the requirements for gillnet fishing 

identified in this section, all persons 

owning or operating vessels in the EEZ 

that fish with sink gillnet gear and other 

gillnet gear capable of catching NE 

multispecies, with the exception of 

single pelagic gillnets (as described in 

§ 648.81(o)(2)(ii)), must comply with the 

applicable provisions of the Atlantic 

Large Whale Take Reduction Plan found 

in § 229.32 of this title. 

* * * * * 

■ 6. Section 648.81 is amended as 

follows: 

■ a. Suspend from November 13, 2014 

until April 30, 2015, paragraphs (d)(1) 

and (2), (e)(1) and (2), (f)(1) and (2), and 

(g)(1)(i); and 

■ b. Temporarily add from November 

13, 2014 until April 30, 2015, 

paragraphs (d)(3) and (4), (e)(3) and (4), 

(g)(1)(vii), and (o). 

The additions read as follows: 

§ 648.81 NE multispecies closed area and 

measures to protect EFH. 

* * * * * 

(d) * * * 

(3) No fishing vessel or person on a 

fishing vessel may enter, fish in, or be 

in, and no fishing gear capable of 

catching NE multispecies, unless 

otherwise allowed in this part, may be 

in, or on board a vessel in the area 

known as the Cashes Ledge Closure 

Area, as defined by straight lines 

connecting the following points in the 

order stated, except as specified in 

paragraphs (d)(4) and (i) of this section 

(a chart depicting this area is available 

from the Regional Administrator upon 

request): 

CASHES LEDGE CLOSURE AREA

Point W. 

CL1 ..... 43°07′ 69°02′ 

CL2 ..... 42°49.5′ 68°46′ 

CL3 ..... 42°46.5′ 68°50.5′ 

CL4 ..... 42°43.5′ 68°58.5′ 

CL5 ..... 42°42.5′ 69°17.5′ 

CL6 ..... 42°49.5′ 69°26′ 

CL1 ..... 43°07′ 69°02′ 

(4) Unless otherwise restricted under 

the EFH Closure(s) specified in 

paragraph (h) of this section, paragraph 

(d)(3) of this section does not apply to 

persons aboard fishing vessels or fishing 

vessels: 

(i) That are fishing with or using 

exempted gear as defined under this 

part, or in the Midwater Trawl Gear 

Exempted Fishery as specified under 

648.80(d), and excluding pelagic gillnet 

gear capable of catching NE 

multispecies, except for vessels fishing 

with a single pelagic gillnet not longer 

than 300 ft (91.4 m) and not greater than 

6 ft (1.83 m) deep, with a maximum 

mesh size of 3 inches (7.6 cm), 

provided: 

(A) The net is attached to the boat and 

fished in the upper two-thirds of the 

water column; 

(B) The net is marked with the 

owner’s name and vessel identification 

number; 

(C) There is no retention of regulated 

species; and 

(D) There is no other gear on board 

capable of catching NE multispecies; 

(ii) That are fishing under charter/

party or recreational regulations, 

provided that: 

(A) For vessels fishing under charter/ 

party regulations in the Cashes Ledge 

Closure Area or Western GOM Area 

Closure, as described under paragraph 

(d) and (e) of this section, respectively, 

it has on board a letter of authorization 

issued by the Regional Administrator, as 

specified in § 648.89(e)(6); 

(B) Fish species managed by the 

NEFMC or MAFMC that are harvested 

or possessed by the vessel, are not sold 

or intended for trade, barter or sale, 

regardless of where the fish are caught; 

and 

(C) The vessel has no gear other than 

rod and reel or handline on board and 

is fishing for pelagic recreational 

species; and 

(D) The vessel does not use any NE 

multispecies DAS during the entire 

period for which the letter of 

authorization is valid; 

(iii) That are fishing with or using 

scallop dredge gear when fishing under 

a scallop DAS or when lawfully fishing 

in the Scallop Dredge Fishery 

Exemption Area as described in 

§ 648.80(a)(11), provided the vessel does 

not retain any regulated NE 

multispecies during a trip, or on any 

part of a trip; or 

(iv) That are fishing in the Raised 

Footrope Trawl Exempted Whiting 

Fishery, as specified in § 648.80(a)(15). 

(e) * * * 

(3) No fishing vessel or person on a 

fishing vessel may enter, fish in, or be 

in, and no fishing gear capable of 

catching NE multispecies, unless 

otherwise allowed in this part, may be 

in, or on board a vessel in, the area 

known as the Western GOM Closure 

Area, as defined by straight lines 

connecting the following points in the 

order stated, except as specified in 

paragraphs (d)(4) and (i) of this section: 

WESTERN GOM CLOSURE AREA 1

Point N. lat. W. long. 

WGM1 42°15′ 70°15′ 

WGM2 42°15′ 69°55′ 

WGM3 43°15′ 69°55′ 

WGM4 43°15′ 70°15′ 

WGM1 42°15′ 70°15′ 

1A chart depicting this area is available 

from the Regional Administrator upon request. 

(4) Unless otherwise restricted under 

paragraph (h) of this section, paragraph 

(e)(3) of this section does not apply to 

fishing vessels that meet the criteria in 

paragraphs (e)(4) of this section, or 

consistent with the requirements 

specified under § 648.80(a)(5). 

* * * * * 

(g) * * * 

(1) * * * 

(vii) That meet the criteria in 

paragraphs (o)(2)(i) or (ii) of this section; 

* * * * * 

(o) Seasonal Interim Closure Areas. 

(1) No fishing vessel, recreational or 

commercial, with gear capable of 

catching GOM cod, may enter or fish in, 

the Seasonal Interim Closure Areas, as 

described in paragraphs (o)(1)(i) through 

(x) of this section, except as specified in 

paragraphs (o)(2)(i) through (v) of this 

section. A chart depicting these areas is 

available from the Regional 

Administrator upon request. 

(i) From January 1 through January 31, 

the restrictions specified in this 


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paragraph (o)(1) apply to Seasonal 

Interim Closure Area 1, which is 

defined by the following points, 

connected in the order listed by straight 

lines, and bounded on the west by the 

coastline of Massachusetts: 

SEASONAL INTERIM CLOSURE AREA 1 

[January 1–January 31] 

Point Latitude Longitude 

JAN 1 .. 42°30′ N (1) 

JAN 2 .. 42°30′ N 70°30′ W 

JAN 3 .. 43°00′ N 70°30′ W 

JAN 4 .. 43°00′ N 70°00′ W 

JAN 5 .. 42°15′ N 70°00′ W 

JAN 6 .. 42°15′ N 70°30′ W 

JAN 7 .. 42°00′ N 70°30′ W 

JAN 8 .. 42°00′ N (2) 

1The intersection of 42°30′ N latitude and 

the Massachusetts coastline. 2The intersection of 42°00′ N latitude and 

the Massachusetts coastline. 

(ii) From February 1 through February 

28, the restrictions specified in this 

paragraph (o)(1) apply to Seasonal 

Interim Closure Area 2, which is 

defined by the following points, 

connected in the order listed by straight 

lines, and bounded on the west by the 

coastline of Massachusetts: 

SEASONAL INTERIM CLOSURE AREA 2 

[February 1–February 28] 

Point Latitude Longitude 

FEB 1 .. 42°30′ N (1) 

FEB 2 .. 42°30′ N 70°00′ W 

FEB 3 .. 43°00′ N 70°00′ W 

FEB 4 .. 43°00′ N 69°30′ W 

FEB 5 .. 42°30′ N 69°30′ W 

FEB 2 .. 42°30′ N 70°00′ W 

FEB 7 .. 42°15′ N 70°00′ W 

FEB 8 .. 42°15′ N 70°30′ W 

FEB 9 .. 42°00′ N 70°30′ W 

FEB 10 42°00′ N (2) 

1The intersection of 42°30′ N latitude and 

the Massachusetts coastline. 2The intersection of 42°00′ N latitude and 

the Massachusetts coastline. 

(iii) From March 1–March 31, the 

restrictions specified in this paragraph 

(o)(1) apply to Seasonal Interim Closure 

Area 3, which is defined by the 

following points, connected in the order 

listed by straight lines, and bounded on 

the west by the coastline of 

Massachusetts and New Hampshire: 

SEASONAL INTERIM CLOSURE AREA 3 

[March 1–March 31] 

Point Latitude Longitude 

MAR 1 43°00′ N (1) 

MAR 2 43°00′ N 70°00′ W 

MAR 3 43°30′ N 70°00′ W 

MAR 4 43°30′ N 69°30′ W 

SEASONAL INTERIM CLOSURE AREA

3—Continued 

[March 1–March 31] 

Point Latitude Longitude 

MAR 5 42°30′ N 69°30′ W 

MAR 6 42°30′ W 70°00′ W 

MAR 7 42°15′ N 70°00′ W 

MAR 8 42°15′ N 70°30′ W 

MAR 9 42°30′ N 70°30′ W 

MAR 10 42°30′ N (2) 

1The intersection of 43°00′ N latitude and 

the New Hampshire coastline. 2The intersection of 42°30′ N latitude and 

the Massachusetts coastline. 

(iv) From April 1–April 30, the 

restrictions specified in this paragraph 

(o)(1) apply to Seasonal Interim Closure 

Area 4, which is defined by the 

following points, connected in the order 

listed by straight lines, and bounded on 

the west by the coastline of 

Massachusetts and New Hampshire: 

SEASONAL INTERIM CLOSURE AREA 4 

[April 1–April 30] 

Point Latitude Longitude 

MAR 1 43°00′ N (1) 

MAR 2 43°00′ N 70°00′ W 

MAR 3 43°30′ N 70°00′ W 

MAR 4 43°30′ N 69°30′ W 

MAR 5 43°00′ N 69°30′ W 

MAR 2 43°00′ N 70°00′ W 

MAR 7 42°15′ N 70°00′ W 

MAR 8 42°15′ N 70°30′ W 

MAR 9 42°00′ N 70°30′ W 

MAR 10 42°00′ N (2) 

1The intersection of 43°00′ N latitude and 

the New Hampshire coastline. 2The intersection of 42°00′ N latitude and 

the Massachusetts coastline. 

(v) From May 1–May 30, the 

restrictions specified in this paragraph 

(o)(1) apply to Seasonal Interim Closure 

Area 5, which is defined by the 

following points, connected in the order 

listed by straight lines, and bounded on 

the west by the coastline of the United 

States: 

SEASONAL INTERIM CLOSURE AREA 5 

[May 1–May 30] 

Point Latitude Longitude 

MAY 1 43°30′ N (1) 

MAY 2 43°30′ N 70°00′ W 

MAY 3 42°15′ N 70°00′ W 

MAY 4 42°15′ N 70°30′ W 

MAY 5 42°00′ N 70°30′ W 

MAY 6 42°00′ N (2) 

1 The intersection of 43°30′ N latitude and 

the Maine coastline. 2 The intersection of 42°00′ N latitude and 

the Massachusetts coastline. 

(vi) From June 1–June 30, the 

restrictions specified in this paragraph 

(o)(1) apply to Seasonal Interim Closure 

Area 6, which is defined by the 

following points, connected in the order 

listed by straight lines, and bounded on 

the west by the coastline of the United 

States: 

SEASONAL INTERIM CLOSURE AREA 6 

[June 1–June 30] 

Point Latitude Longitude 

JUN 1 .. (1) 70°30′ W 

JUN 2 .. 43°00′ N 70°30′ W 

JUN 3 .. 43°00′ N 70°00′ W 

JUN 4 .. 42°15′ N 70°00′ W 

JUN 5 .. 42°15′ N 70°30′ W 

JUN 6 .. 42°30′ N 70°30′ W 

JUN 7 .. 42°30′ N (2) 

1The intersection of 70°00′ W longitude and 

the Maine coastline. 2The intersection of 42°30′ N latitude and 

the Massachusetts coastline. 

(vii) From July 1–August 30, the 

restrictions specified in this paragraph 

(o)(1) apply to Seasonal Interim Closure 

Area 7, which is defined by the 

following points, connected in the order 

listed by straight lines: 

SEASONAL INTERIM CLOSURE AREA 7 

[July 1–August 30] 

Point Latitude Longitude 

JUL 1 .. 43°00′ N 70°30′ W 

JUL 2 .. 43°00′ N 70°00′ W 

JUL 3 .. 43°30′ N 70°00′ W 

JUL 4 .. 43°30′ N 69°30′ W 

JUL 5 .. 43°00′ N 69°30′ W 

JUL 2 .. 43°00′ N 70°00′ W 

JUL 7 .. 42°15′ N 70°00′ W 

JUL 8 .. 42°15′ N 70°30′ W 

JUL 1 .. 43°00′ N 70°30′ W 

(viii) From September 1–October 31, 

the restrictions specified in this 

paragraph (o)(1) apply to Seasonal 

Interim Closure Area 8, which is 

defined by the following points, 

connected in the order listed by straight 

lines: 

SEASONAL INTERIM CLOSURE AREA 8 

[September 1–October 31] 

Point Latitude Longitude 

JUL 1 .. 43°00′ N 70°30′ W 

JUL 2 .. 43°00′ N 70°00′ W 

JUL 3 .. 42°15′ N 70°00′ W 

JUL 4 .. 42°15′ N 70°30′ W 

JUL 1 .. 43°00′ N 70°30′ W 

(ix) From November 1–November 30, 

the restrictions specified in this 

paragraph (o)(1) apply to Seasonal 

Interim Closure Area 9, which is 

defined by the following points, 

connected in the order listed by straight 

lines, and bounded on the west by the 


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coastlines of Massachusetts and New 

Hampshire: 

SEASONAL INTERIM CLOSURE AREA 9 

[November 1–November 30] 

Point Latitude Longitude 

NOV 1 43°00′ N (1) 

NOV 2 43°00′ N 70°00′ W 

NOV 3 42°15′ N 70°00′ W 

NOV 4 42°15′ N 70°30′ W 

NOV 5 42°00′ N 70°30′ W 

NOV 6 42°00′ N MA coast 

1The intersection of 43°00′ N latitude and 

the New Hampshire coastline. 2The intersection of 42°00′ N latitude and 

the Massachusetts coastline. 

(x) From December 1–December 31, 

the restrictions specified in this 

paragraph (o)(1) apply to Seasonal 

Interim Closure Area 9, which is 

defined by the following points, 

connected in the order listed by straight 

lines, and bounded on the west by the 

coastline of Massachusetts: 

SEASONAL INTERIM CLOSURE AREA 10 

[December 1–December 31] 

Point Latitude Longitude 

DEC 1 42°30′ N (1) 

DEC 2 42°30′ N 70°00′ W 

DEC 3 42°00′ N 70°00′ W 

DEC 4 42°00′ N (2) 

1The intersection of 42°30′ N latitude and 

the Massachusetts coastline. 2The intersection of 42°00′ N latitude and 

the Kingston, Massachusetts (mainland) 

coastline. 

(2) Paragraph (o)(1) of this section 

does not apply to persons aboard fishing 

vessels or fishing vessels: 

(i) That have not been issued a 

Federal multispecies permit and that are 

fishing exclusively in state waters; 

(ii) That are fishing with or using 

exempted gear as defined under this 

part, or in the Midwater Trawl Gear 

Exempted Fishery as specified under 

648.80(d), and excluding pelagic gillnet 

gear capable of catching NE 

multispecies, except for vessels fishing 

with a single pelagic gillnet not longer 

than 300 ft (91.4 m) and not greater than 

6 ft (1.83 m) deep, with a maximum 

mesh size of 3 inches (7.6 cm), 

provided: 

(A) The net is attached to the boat and 

fished in the upper two-thirds of the 

water column; 

(B) The net is marked with the 

owner’s name and vessel identification 

number; 

(C) There is no retention of regulated 

species; and 

(D) There is no other gear on board 

capable of catching NE multispecies; 

(iii) That are fishing with or using 

scallop dredge gear when fishing under 

a scallop DAS or when lawfully fishing 

in the Scallop Dredge Fishery 

Exemption Area as described in 

§ 648.80(a)(11), provided the vessel does 

not retain any regulated NE 

multispecies during a trip, or on any 

part of a trip; or 

(iv) That are fishing in the Raised 

Footrope Trawl Exempted Whiting 

Fishery, as specified in § 648.80(a)(15). 

(v) That are transiting through the 

Seasonal Interim Closure Areas 

described in paragraph (o)(1) of this 

section, provided that gear is not 

available for immediate use as defined 

in § 648.2. 

■ 7. Section 648.82 is amended as 

follows: 

■ a. Suspend from November 13, 2014 

until April 30, 2015, paragraphs (b)(5) 

and (6); and 

■ b. Temporarily add from November 

13, 2014 until April 30, 2015, 

paragraphs (b)(7) and (8) 

The additions read as follows: 

§ 648.82 Effort-control program for NE 

multispecies limited access vessels. 

* * * * * 

(b) * * * 

(7) Small Vessel category—(i) DAS 

allocation. A vessel qualified and 

electing to fish under the Small Vessel 

category may retain up to 300 lb (136.1 

kg) of cod, haddock, and yellowtail 

flounder, combined, and one Atlantic 

halibut per trip, without being subject to 

DAS restrictions, and the daily 

possession limits specified for other 

regulated species and ocean pout, as 

specified at § 648.86, unless otherwise 

specified in this paragraph (b)(7). If the 

vessel elects to fish in the GOM 

Regulated Mesh Area, as defined at 

§ 648.80(a)(1), the vessel may not 

possess or retain more than 200 lb (90.7 

kg) of cod for the entire trip. If the vessel 

elects to fish south of the GOM 

Regulated Mesh Area, as defined at 

§ 648.80(a)(1), the vessel may retain up 

300 lb (136.1 kg) of cod. Any vessel may 

elect to switch into the Small Vessel 

category, as provided in 

§ 648.4(a)(1)(i)(I)(2), if the vessel meets 

or complies with the following: 

(A) The vessel is 30 ft (9.1 m) or less 

in length overall, as determined by 

measuring along a horizontal line drawn 

from a perpendicular raised from the 

outside of the most forward portion of 

the stem of the vessel to a perpendicular 

raised from the after most portion of the 

stern. 

(B) If construction of the vessel was 

begun after May 1, 1994, the vessel must 

be constructed such that the quotient of 

the length overall divided by the beam 

is not less than 2.5. 

(C) Acceptable verification for vessels 

20 ft (6.1 m) or less in length shall be 

USCG documentation or state 

registration papers. For vessels over 20 

ft (6.1 m) in length overall, the 

measurement of length must be verified 

in writing by a qualified marine 

surveyor, or the builder, based on the 

vessel’s construction plans, or by other 

means determined acceptable by the 

Regional Administrator. A copy of the 

verification must accompany an 

application for a NE multispecies 

permit. 

(D) Adjustments to the Small Vessel 

category requirements, including 

changes to the length requirement, if 

required to meet fishing mortality goals, 

may be made by the Regional 

Administrator following framework 

procedures of § 648.90. 

(ii) [Reserved] 

(8) Handgear A category. A vessel 

qualified and electing to fish under the 

Handgear A category, as described in 

§ 648.4(a)(1)(i)(A), may retain up to 300 

lb (135 kg) of cod, per trip, one Atlantic 

halibut and the daily possession limit 

for other regulated species and ocean 

pout, as specified under § 648.86, unless 

otherwise specified in this paragraph 

(b)(8). If the vessel elects to fish in the 

GOM Regulated Mesh Area, as defined 

at § 648.80(a)(1), the vessel may not 

possess or retain more than 200 lb (90.7 

kg) of cod for the entire trip. If the vessel 

elects to fish south of the GOM 

Regulated Mesh Area, as defined at 

§ 648.80(a)(1), the vessel may retain up 

300 lb (136.1 kg) of cod. If the GB cod 

trip limit applicable to a vessel fishing 

under a NE multispecies DAS permit, as 

specified in § 648.86(b)(6) is reduced 

below 300 lb (135 kg) per DAS by 

NMFS, the cod trip limit specified in 

this paragraph (b)(8) shall be adjusted to 

be the same as the applicable cod trip 

limit specified for NE multispecies DAS 

permits. For example, if the GB cod trip 

limit for NE multispecies DAS vessels 

was reduced to 250 lb (113.4 kg) per 

DAS, then the cod trip limit for a vessel 

issued a Handgear A category permit 

that is fishing outside of the GOM 

Regulated Mesh Area would also be 

reduced to 250 lb (113.4 kg). Qualified 

vessels electing to fish under the 

Handgear A category are subject to the 

following restrictions: 

(i) The vessel must not use or possess 

on board gear other than handgear while 

in possession of, fishing for, or landing 

NE multispecies, and must have at least 

one standard tote on board. 

(ii) A vessel may not fish for, possess, 

or land regulated species from March 1 

through March 20 of each year. 


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(iii) Tub-trawls must be hand-hauled 

only, with a maximum of 250 hooks. 

(iv) Declaration. For any such vessel 

that is not required to use VMS 

pursuant to § 648.10(b)(4), to fish for GB 

cod south of the GOM Regulated Mesh 

Area, as defined at § 648.80(a)(1), a 

vessel owner or operator must obtain, 

and retain on board, a letter of 

authorization from the Regional 

Administrator stating an intent to fish 

south of the GOM Regulated Mesh Area 

and may not fish in any other area for 

a minimum of 7 consecutive days from 

the effective date of the letter of 

authorization. For any such vessel that 

is required, or elects, to use VMS 

pursuant to § 648.10(b)(4), to fish for GB 

cod south of the GOM Regulated Mesh 

Area, as defined at § 648.80(a)(1), a 

vessel owner or operator must declare 

an intent to fish south of the GOM 

Regulated Mesh Area on each trip 

through the VMS prior to leaving port, 

in accordance with instructions 

provided by the Regional Administrator. 

Such vessels may transit the GOM 

Regulated Mesh Area, as defined at 

§ 648.80(a)(1), provided that their gear is 

not available for immediate use as 

defined in § 648.2. 

* * * * * 

■ 8. Section 648.85 is amended as 

follows: 

■ a. Suspend from November 13, 2014 

until April 30, 2015, paragraph 

(b)(6)(iv)(D); and 

■ b. Temporarily add from November 

13, 2014 until April 30, 2015, paragraph 

(b)(6)(iv)(K). 

The addition reads as follows: 

§ 648.85 Special Management Programs. 

* * * * * 

(b) * * * 

(6) * * * 

(iv) * * * 

(K) Landing limits. Unless otherwise 

specified in this paragraph (b)(6)(iv)(K), 

or restricted pursuant to § 648.86, a NE 

multispecies vessel fishing in the 

Regular B DAS Program described in 

this paragraph (b)(6), and fishing under 

a Regular B DAS, may not land more 

than 100 lb (45.5 kg) per DAS, or any 

part of a DAS, up to a maximum of 

1,000 lb (454 kg) per trip, of any of the 

following species/stocks from the areas 

specified in paragraph (b)(6)(v) of this 

section: Cod, American plaice, witch 

flounder, SNE/MA winter flounder, and 

GB yellowtail flounder; and may not 

land more than 25 lb (11.3 kg) per DAS, 

or any part of a DAS, up to a maximum 

of 250 lb (113 kg) per trip of CC/GOM 

yellowtail flounder. If the vessel elects 

to fish in the GOM Regulated Mesh 

Area, as defined at § 648.80(a)(1), the 

vessel may not possess or retain more 

than 200 lb (90.7 kg) of cod for the 

entire trip. In addition, trawl vessels, 

which are required to fish with a 

haddock separator trawl, as specified in 

paragraph (a)(3)(iii)(A) of this section, or 

a Ruhle trawl, as specified in paragraph 

(b)(6)(iv)(J) of this section, and other 

gear that may be required in order to 

reduce catches of stocks of concern as 

described in paragraph (b)(6)(iv)(J) of 

this section, are restricted to the trip 

limits specified in paragraph (e) of this 

section. 

■ 9. Section 648.86 is amended as 

follows: 

■ a. Suspend from November 13, 2014 

until April 30, 2015, paragraphs (b)(1) 

through (4); and 

■ b. Temporarily add from November 

13, 2014 until April 30, 2015, 

paragraphs (b)(5) through (7). 

The additions read as follows: 

§ 648.86 NE Multispecies possession 

restrictions. 

* * * * * 

(b) * * * 

(5) GOM cod landing and possession 

limit. Except as provided in paragraph 

(b)(7) of this section, or unless otherwise 

restricted under § 648.85, a vessel 

fishing under a NE multispecies limited 

access permit, including a vessel issued 

a monkfish limited access permit and 

fishing under the monkfish Category C 

or D permit provisions, may possess or 

land up to 200 lb (90.7 kg) of GOM cod 

per trip, provided that it complies with 

this paragraph (b)(5). Cod on board a 

vessel subject to this landing limit must 

be separated from other species of fish 

and stored so as to be readily available 

for inspection. 

(i) Declaration. A limited access 

multispecies vessel that fishes or 

intends to fish on a NE multispecies trip 

in the GOM Regulated Mesh Area, 

defined in § 648.80(a)(1), must declare 

its intention to do so through the VMS 

or IVR, and is prohibited from fishing 

outside of this area for the remainder of 

the trip, as specified in 

§ 648.10(k)(3)(i)(1). 

(ii) [Reserved] 

(6) GB cod landing and maximum 

possession limits. Unless otherwise 

restricted under § 648.85, a vessel 

fishing under a NE multispecies DAS 

permit, including a vessel issued a 

monkfish limited access permit and 

fishing under the monkfish Category C 

or D permit provisions, may land up to 

2,000 lb (907.2 kg) of cod per DAS, or 

part of a DAS, up to 20,000 lb (9,072 kg) 

provided it complies with the 

requirements specified in paragraph 

(b)(7) of this section). 

(7) Exemption. A NE multispecies 

limited access vessel fishing under a NE 

multispecies DAS is exempt from the 

landing limit described in paragraph 

(b)(5) of this section when fishing south 

of the GOM Regulated Mesh Area, 

defined in § 648.80(a)(1), provided that, 

when fishing under the common pool 

fishery, the vessel complies with the 

requirement of this paragraph (b)(7). 

(i) Declaration. With the exception of 

a vessel declared into the U.S./Canada 

Management Area, as described in 

§ 648.85(a)(3)(ii), a sector vessel, or a 

common pool vessel that fishes or 

intends to fish under a NE multispecies 

DAS south of the line described in 

paragraph (b)(7) of this section under 

the cod trip limits described in 

paragraph (b)(6) of this section, must, 

prior to leaving port, declare its 

intention to do so through the VMS, in 

accordance with instructions to be 

provided by the Regional Administrator. 

In lieu of a VMS declaration, the 

Regional Administrator may authorize 

such vessels to obtain a letter of 

authorization. If a letter of authorization 

is required, such vessel may not fish 

north of the exemption area for a 

minimum of 7 consecutive days (when 

fishing under the multispecies DAS 

program), and must carry the letter of 

authorization on board. 

(ii) A NE multispecies limited access 

vessel exempt from the GOM cod 

landing limit pursuant to paragraph 

(b)(7)(i) of this section may not fish 

north of the line specified in paragraph 

(b)(7) of this section for the duration of 

the trip, but may transit the GOM 

Regulated Mesh Area, provided that its 

gear is unless not available for 

immediate use as defined in § 648.2. 

* * * * * 

■ 10. Section 648.87 is amended as 

follows: 

■ a. Suspend from November 13, 2014 

until April 30, 2015, paragraphs 

(b)(1)(v)(A), (b)(1)(ix), (c)(2)(i), and 

(c)(2)(ii)(A) and (B); and 

■ b. Temporarily add from November 

13, 2014 until April 30, 2015, 

paragraphs (b)(1)(v)(C), (b)(1)(x), 

(c)(2)(ii)(E) and (F), and (c)(2)(iii). 

The additions read as follows: 

§ 648.87 Sector allocation. 

* * * * * 

(b) * * * 

(1) * * * 

(v) * * * 

(C) Discards. Except for GOM cod, a 

sector vessel may not discard any legalsized regulated species or ocean pout 

allocated to sectors pursuant to 

paragraph (b)(1)(i) of this section, unless 

otherwise required pursuant to 


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§ 648.86(l). For GOM cod, a sector vessel 

must discard all GOM cod that is in 

excess of 200 lb (90.7 kg) when fishing 

on a groundfish trip. Discards of 

undersized regulated species or ocean 

pout, as well as discards of GOM cod 

that exceed the 200 lb (90.7 kg) trip 

limit, by a sector vessel must be 

reported to NMFS consistent with the 

reporting requirements specified in 

paragraph (b)(1)(vi) of this section. 

Discards shall not be included in the 

information used to calculate a vessel’s 

PSC, as described in § 648.87(b)(1)(i)(E), 

but shall be counted against a sector’s 

ACE for each NE multispecies stock 

allocated to a sector. 

* * * * * 

(x) Trip limits. With the exception of 

the GOM cod trip limit at § 648.86(b)(5), 

the Atlantic halibut trip limit at 

§ 648.86(c), and the stocks listed in 

§ 648.86(1), a sector vessel is not limited 

in the amount of allocated NE 

multispecies stocks that can be 

harvested on a particular fishing trip, 

unless otherwise specified in the 

operations plan. 

(c) * * * 

(2) * * * 

(ii) * * * 

(E) Trip limits on NE multispecies 

stocks for which a sector receives an 

allocation of ACE pursuant to paragraph 

(b)(1)(i) of this section (i.e., all stocks 

except Atlantic halibut, ocean pout, 

windowpane flounder, and Atlantic 

wolffish), unless otherwise specified 

§ 648.86(b)(5) and paragraph (b)(1)(x) of 

this section. 

(F) The GB Seasonal Closed Area 

specified in § 648.81(g). 

(iii) Regulations that may not be 

exempted for sector participants. The 

Regional Administrator may not exempt 

participants in a sector from the 

following Federal fishing regulations: 

Specific time and areas within the NE 

multispecies year-round closure areas; 

permitting restrictions (e.g., vessel 

upgrades, etc.); gear restrictions 

designed to minimize habitat impacts 

(e.g., roller gear restrictions, etc.); 

reporting requirements; and AMs 

specified at § 648.90(a)(5)(i)(D). For the 

purposes of paragraph (c)(2)(i) of this 

section, the DAS reporting requirements 

specified at § 648.82; the SAP-specific 

reporting requirements specified at 

§ 648.85; and the reporting requirements 

associated with a dockside monitoring 

program are not considered reporting 

requirements, and the Regional 

Administrator may exempt sector 

participants from these requirements as 

part of the approval of yearly operations 

plans. For the purpose of paragraph 

(c)(2)(i) of this section, the Regional 

Administrator may not grant sector 

participants exemptions from the NE 

multispecies year-round closures areas 

defined as Essential Fish Habitat 

Closure Areas as defined at § 648.81(h); 

the Fippennies Ledge Area as defined in 

paragraph (c)(2)(i)(A) of this section; 

Closed Area I and Closed Area II, as 

defined at § 648.81(a) and (b), 

respectively, during the period February 

16 through April 30; and the Western 

GOM Closure Area, as defined at 

§ 648.81(e), where it overlaps with any 

Sector Rolling Closure Areas, as defined 

at § 648.81(o)(2)(vi). This list may be 

modified through a framework 

adjustment, as specified in § 648.90. 

(A) Fippennies Ledge Area. The 

Fippennies Ledge Area is bounded by 

the following coordinates, connected by 

straight lines in the order listed: 

FIPPENNIES LEDGE AREA

Point N. Latitude W. Longitude 

1 .......... 42°50.0′ 69°17.0′ 

2 .......... 42°44.0′ 69°14.0′ 

3 .......... 42°44.0′ 69°18.0′ 

4 .......... 42°50.0′ 69°21.0′ 

(B) [Reserved] 

* * * * * 

■ 11. Section 648.88 is amended as 

follows: 

■ a. Suspend from November 13, 2014 

until April 30, 2015, paragraph (a)(1); 

and 

■ b. Temporarily add from November 

13, 2014 until April 30, 2015, paragraph 

(a)(3). 

The addition reads as follows: 

§ 648.88 Multispecies open access permit 

restrictions. 

(a) * * * 

(3) The vessel may possess and land 

up to 75 lb (90.7 kg) of cod, and up to 

the landing and possession limit 

restrictions for other NE multispecies 

specified in § 648.86, provided the 

vessel complies with the restrictions 

specified in paragraph (a)(2) of this 

section. If either the GOM or GB cod trip 

limit applicable to a vessel fishing 

under a NE multispecies DAS permit, as 

specified in § 648.86(b)(5) and (6), 

respectively, is adjusted by NMFS, the 

cod trip limit specified in this paragraph 

(a)(1) shall be adjusted proportionally 

(rounded up to the nearest 25 lb (11.3 

kg)). For example, if the GOM cod trip 

limit specified at § 648.86(b)(5) doubled, 

then the cod trip limit for the Handgear 

B category fishing in the GOM 

Regulated Mesh Area would also double 

to 150 lb (68 kg). 

* * * * * 

■ 12. Section 648.89 is amended as 

follows: 

■ a. Suspend from November 13, 2014 

until April 30, 2015, paragraphs (b)(3), 

(c)(1) and (2), and (e)(1) through (3); and 

■ b. Temporarily add from November 

13, 2014 until April 30, 2015, 

paragraphs (c)(8) and (e)(4) through (6). 

The additions as follows: 

§ 648.89 Recreational and charter/party 

vessel restrictions. 

* * * * * 

(c) * * * 

(8) Private recreational and charter/

party vessels. (i) Unless otherwise 

restricted in this paragraph (c)(2), each 

person on a private recreational vessel 

may possess no more than 10 cod per 

day in, or harvested from, the EEZ, and 

no person on a charter/party vessel man 

possess more than 10 cod per day. 

When fishing in the GOM Regulated 

Mesh Area defined in § 648.80(a)(1), 

unless otherwise restricted by the GOM 

Seasonal Interim Closure Areas 

specified under § 648.81(o), charter and 

party vessels fishing under this part, 

and recreational vessels fishing in the 

EEZ, may not fish for or possess GOM 

cod. 

(ii) For purposes of counting fish, 

fillets will be converted to whole fish at 

the place of landing by dividing the 

number of fillets by two. If fish are 

filleted into a single (butterfly) fillet, 

such fillet shall be deemed to be from 

one whole fish. 

(iii) Cod harvested by charter/party 

vessels, or recreational fishing vessels in 

or from the EEZ, with more than one 

person aboard may be pooled in one or 

more containers. 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 or operator of 

the vessel. 

(iv) Private recreational, and charter 

and party vessels in possession of cod 

caught outside the GOM Regulated 

Mesh Area may transit the GOM area, 

provided all bait and hooks are removed 

from fishing rods and any cod on board 

has been gutted and stored. 

* * * * * 

(e) * * * 

(4) GOM Closed Areas. Unless 

otherwise specified in this paragraph 

(e)(3), a vessel fishing under charter/

party regulations may not fish in the 

GOM closed areas specified at 

§ 648.81(d)(3), (e)(3), and (o)(1) during 

the time periods specified in those 

paragraphs, unless the vessel has on 

board a valid letter of authorization 

issued by the Regional Administrator 

pursuant to § 648.81(d)(4) of this 

section. The conditions and restrictions 


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67376 Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations 

of the letter of authorization must be 

complied with for the rest of the fishing 

year, beginning with the start of the 

participation period of the letter of 

authorization. A vessel fishing under 

charter/party regulations may not fish in 

the GOM Cod Spawning Protection Area 

specified at § 648.81(n)(1) or the GOM 

Seasonal Interim Closure Areas at 

§ 648.81(o)(1)(i) through (x) during the 

time periods specified in that paragraph, 

unless the vessel complies with the 

requirements specified at 

§ 648.81(n)(2)(iii). 

(5) Nantucket Lightship Closed Area. 

A vessel fishing under the charter/party 

regulations may not fish in the 

Nantucket Lightship Closed Area 

specified in § 648.81(c)(1) unless the 

vessel has on board a letter of 

authorization issued by the Regional 

Administrator pursuant to paragraph 

(e)(6) of this section. 

(6) Letters of authorization. To obtain 

either of the letters of authorization 

specified in paragraphs (e)(4) and (5) of 

this section, a vessel owner must 

request a letter from the Greater Atlantic 

Regional Fisheries Office of NMFS, 

either in writing or by phone (see Table 

1 to 50 CFR 600.502). As a condition of 

these letters of authorization, the vessel 

owner must agree to the following: 

(i) The letter of authorization must be 

carried on board the vessel during the 

period of participation; 

(ii) Fish species managed by the 

NEFMC or MAFMC that are harvested 

or possessed by the vessel, are not sold 

or intended for trade, barter or sale, 

regardless of where the fish are caught; 

(iii) The vessel has no gear other than 

rod and reel or handline gear on board; 

and 

(iv) For the GOM charter/party closed 

area exemption only, the vessel may not 

fish on a sector trip, under a NE 

multispecies DAS, or under the 

provisions of the NE multispecies Small 

Vessel Category or Handgear A or 

Handgear B permit categories, as 

specified at § 648.82, during the period 

of participation. 

* * * * * 

[FR Doc. 2014–26844 Filed 11–10–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 130925836–4174–02] 

RIN 0648–XD610 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Using Pot Gear in the Central 

Regulatory Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by vessels using 

pot gear in the Central Regulatory Area 

of the Gulf of Alaska (GOA). This action 

is necessary to prevent exceeding the 

2014 Pacific cod total allowable catch 

(TAC) apportioned to vessels using pot 

gear in the Central Regulatory Area of 

the GOA. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), November 10, 2014, 

through 2400 hours, A.l.t., December 31, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The 2014 Pacific cod TAC 

apportioned to vessels using pot gear in 

the Central Regulatory Area of the GOA 

is 11,352 metric tons (mt), as established 

by the final 2014 and 2015 harvest 

specifications for groundfish of the GOA 

(79 FR 12890, March 6, 2014) and one 

reallocation (79 FR 64334, October 29, 

2014). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator) has 

determined that the 2014 Pacific cod 

TAC apportioned to vessels using pot 

gear in the Central Regulatory Area of 

the GOA will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 11,832 mt and is setting 

aside the remaining 10 mt as bycatch to 

support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

vessels using pot gear in the Central 

Regulatory Area of the GOA. After the 

effective date of this closure the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the directed fishing closure of 

Pacific cod for vessels using pot gear in 

the Central Regulatory Area of the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of November 6, 

2014. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 7, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–26865 Filed 11–7–14; 4:15 pm] 

BILLING CODE 3510–22–P 


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