77946 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 

exceeding the ICCAT-allocated U.S. BFT 

quota. 

Delays in increasing these retention 

limits would adversely affect those 

General and HMS Charter/Headboat 

category vessels that would otherwise 

have an opportunity to harvest more 

than the default retention limit of one 

BFT per day/trip and may exacerbate 

the problem of low catch rates and 

quota rollovers. Limited opportunities 

to harvest the respective quotas may 

have negative social and economic 

impacts for U.S. fishermen that depend 

upon catching the available quota 

within the designated time periods. 

Adjustment of the retention limit needs 

to be effective January 1, 2015, or as 

soon as possible thereafter, to minimize 

any unnecessary disruption in fishing 

patterns, to allow the impacted sectors 

to benefit from the adjustment, and to 

provide fishing opportunities for 

fishermen in geographic areas with 

access to the fishery only during this 

time period. Therefore, the AA finds 

good cause under 5 U.S.C. 553(b)(B) to 

waive prior notice and the opportunity 

for public comment. For these reasons, 

there is good cause under 5 U.S.C. 

553(d) to waive the 30-day delay in 

effectiveness. 

This action is being taken under 50 

CFR 635.23(a)(4) and 635.27(a)(9), and 

is exempt from review under Executive 

Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: December 22, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–30341 Filed 12–22–14; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 141002822–4999–02] 

RIN 0648–BE56 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Groundfish Fishery; Fishing Year 2014; 

Interim Gulf of Maine Cod Management 

Measures; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule, correction; 

extension of expiration date. 

SUMMARY: This document makes 

corrections to the Gulf of Maine cod 

interim regulations published in the 

Federal Register on November 13, 2014. 

This notice allows gillnet vessels to 

switch their designation as either a Day 

or Trip gillnet vessel, an opportunity 

that was inadvertently not provided in 

the original interim action. This notice 

also makes several corrections and 

clarifications, including where the Gulf 

of Maine cod trip limit applies, to 

ensure consistency with measures 

implemented in the interim action. In 

this document, we extend the expiration 

date of certain temporary amendments. 

DATES: Effective December 29, 2014, 

until May 12, 2015, except for 

amendatory instruction 2 of this rule, 

which expires on April 30, 2015. The 

expiration dates in amendatory 

instructions 2, 4a and c, and 5 through 

12, published in FR Rule Doc. No. 

2014–26844, November 13, 2014, at 79 

FR 67362, for the amendments to 

§§ 648.2, 648.14, 648.80, 648.81, 648.82, 

648.85, 648.86, 648.87, 648.88, and 

648.89, respectively, are extended until 

May 12, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Brett Alger, Fishery Management 

Specialist, phone: 978–675–9315. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 13, 2014, we published 

interim management measures (79 FR 

67362) to increase protection for Gulf of 

Maine (GOM) cod in response to a 

recently updated stock assessment that 

concluded the stock is severely 

depleted. The management measures 

included seasonal interim closure areas 

and a 200-lb (90.7-kg) GOM cod trip 

limit for all limited access commercial 

groundfish vessels. This document 

makes corrections to those measures; 

specifically, we are: 

• Allowing gillnet vessels to change 

their annual declaration for the 

remainder of the 2014 fishing year; 

• Clarifying that the 200-lb (90.7-kg) 

GOM cod trip limit applies specifically 

to the GOM Broad Stock Area (BSA); 

• Correcting several labeling and 

typographical errors pertaining to the 

seasonal interim closure areas; 

• Extending the effective dates noted 

for regulations implemented by the 

interim action consistent with the 

effective date published in the Federal 

Register; and 

• Correcting the prohibitions and 

other regulations to clarify their 

meaning or correct cross-references. 

Gillnet Category Designations 

The Northeast Multispecies Fishery 

Management Plan (FMP) requires 

groundfish vessels fishing with gillnet 

gear to make an annual declaration as 

either a Day gillnet or Trip gillnet 

vessel. There are specific regulations 

and tagging requirements associated 

with each of these categories. For 

example, a Trip gillnet vessel is not 

limited in the number of nets may fish, 

but it must set and retrieve all of its 

gillnet gear in each trip. On the other 

hand, a Day gillnet vessel is limited in 

the number of nets it may fish, but can 

return to port while allowing the gear to 

remain in the water for a period of time, 

and then retrieve the gear on a 

subsequent trip. Once a vessel owner 

has elected one of these designations, 

the owner may not change the 

designation or fish under the other 

gillnet category for the remainder of the 

fishing year. 

The interim rule modified gillnet 

management measures mid-season by 

reducing the number of nets that may be 

fished by Day gillnet vessels enrolled in 

a sector (see page 67367 of the interim 

rule) and instituting GOM cod trip 

limits. Vessel owners did not have a 

prior opportunity to consider these 

changes when they made their 

designation as a Day or Trip gillnet 

vessel at the beginning of the fishing 

year. This correction provides a onetime opportunity for gillnet vessels to 

change their designation after 

considering management changes made 

by the interim rule. Gillnet vessels can 

change their declaration for the 

remainder of the 2014 fishing year by 

submitting a revised gillnet tag form 

from December 29, 2014, through 

January 28, 2015. 

Clarification on GOM Cod Trip Limits 

The groundfish Regulated Mesh Area 

(RMA) boundaries were historically 

used for gear restrictions, and for setting 

trip limits in the commercial fishery and 

bag limits in the recreational fishery. In 

addition, Broad Stock Areas (BSA) were 

implemented in Amendment 16 to the 

FMP (75 FR 18262; April 9, 2010) to 

better attribute catch to specific 

groundfish stocks. There is a specific 

area northeast of Cape Cod where the 

GOM RMA and GOM BSA boundaries 

do not align (Figure 1), and which 

results in the GOM RMA overlapping 

the Inshore Georges Bank BSA. In this 

case, a vessel may be fishing in the 

Inshore Georges Bank BSA, but under 

the GOM RMA gear and trip regulations. 

The interaction of these overlapping 

areas was not addressed when 

developing the GOM cod interim rule, 

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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77947 

and there is confusion regarding where 

the 200-lb (90.7-kg) GOM cod trip limit 

applies. 

The intent of the interim action was 

to protect GOM cod. Given that the 

GOM BSA aligns with the GOM cod 

stock area, this action clarifies that the 

GOM cod 200-lb (90.7-kg) trip limit is 

applicable to commercial vessels when 

fishing in the GOM BSA. A vessel 

fishing in the area where the Inshore 

Georges Bank BSA and the GOM RMA 

boundaries overlap is not subject to the 

cod possession limit for the GOM BSA 

because the vessel is fishing outside of 

the GOM BSA. As a reminder, the GOM 

cod interim rule measures restrict 

commercial groundfish vessels to 

fishing in only a single BSA when 

declaring into the GOM BSA. 

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ER29DE14.033</GPH>mstockstill on DSK4VPTVN1PROD with RULES

Figure 1- Gulf of Maine RMA and Inshore Georges Bank BSA Overlap. The 200-lb (90.7-kg) trip limit app

Gulf of Maine Broad Stock Area 

70°30'0"W 70°0'0"W 69°30'0 .. W 69°0'0"W 

43°0'0" 

D Regulated Mesh Area 

GOM BSA 

Inshore GB BSA 

42°30'0" 

42°0'011 

70°30'0"W 70°0'0"W 69°30'0"W 69°0'0"W 
Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77949 

Closure Area Corrections 

Several of the seasonal interim 

closure areas published in the GOM cod 

interim rule (79 FR 67362; November 

13, 2014; see page 67363) had nonsubstantive errors, such as missing 

column headings and incorrect labels. 

We are clarifying these typographical 

errors in the regulations that describe 

the locations of the seasonal interim 

closure areas. This notice does not move 

any of the seasonal interim closure 

areas. 

Effective Date Clarification 

The management measures instituted 

in the GOM cod interim rule are 

effective from November 13, 2014, until 

May 12, 2015. The regulatory text 

accompanying the rule mistakenly states 

that the temporary regulations are 

effective through April 30, 2015 (the 

end of the 2014 fishing year). This rule 

clarifies this inconsistency so that all 

temporary regulations implemented in 

the interim rule are effective until May 

12, 2015. 

Classification 

The Assistant Administrator (AA) for 

Fisheries, NOAA, finds that pursuant to 

5 U.S.C. 553(b)(B), there is good cause 

to waive prior notice and an 

opportunity for public comment on this 

action, as notice and comment would be 

unnecessary, and contrary to the public 

interest. This notice implements a 

measure at § 648.4(c)(2)(iii)(C) allowing 

gillnet vessels to change their Day or 

Trip gillnet vessel status in-season. This 

opportunity was inadvertently left out 

of the GOM cod interim action and does 

not substantively change the 

regulations. This notice corrects and 

clarifies that the 200-lb (90.7-kg) trip 

limit for GOM cod applies when fishing 

in the GOM Broad Stock Area only to 

eliminate confusion and does not create 

any new measures. This notice also 

makes minor clerical changes to the 

seasonal interim closure areas at 

§ 648.81(o)(1). Providing notice and 

comment on these changes is 

unnecessary because all are nonsubstantive and do not change the 

operation of the fishery. Moreover, 

delaying the correction of 

inconsistencies in regulatory text is 

contrary to the public interest, because 

it could affect the enforceability of the 

regulations and because inaccurate 

regulations could lead to public 

confusion and potentially to incorrect 

behavior. For the same reasons above, 

the Assistant Administrator finds good 

cause under 5 U.S.C. 553(d)(3) to waive 

the 30-day delay in effectiveness and 

makes this rule effective immediately 

upon publication. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: December 18, 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 648.4 is amended by: 

■ a. Suspending from December 29, 

2014 until April 30, 2015, paragraph 

(c)(2)(iii)(A), and 

■ b. Temporarily adding from December 

29, 2014 until April 30, 2015, paragraph 

(c)(2)(iii)(C). 

The addition reads as follows: 

§ 648.4 Vessel permits. 

* * * * * 

(c) * * * 

(2) * * * 

(iii) * * * 

(C) For vessels fishing for NE 

multispecies with gillnet gear, with the 

exception of vessels fishing under the 

Small Vessel permit category, an annual 

declaration as either a Day or Trip 

gillnet vessel designation as described 

in § 648.82(j). A vessel owner electing a 

Day gillnet designation must indicate 

the number of gillnet tags that he/she is 

requesting, and must include a check for 

the cost of the tags, unless the vessel 

already possesses valid gillnet tags, as 

identified by the Regional 

Administrator. A permit holder letter 

will be sent to the owner of each eligible 

gillnet vessel, informing him/her of the 

costs associated with this tagging 

requirement and providing directions 

for obtaining valid tags. Unless 

otherwise specified in this paragraph 

(c)(2)(iii)(C) of this section, once a vessel 

owner has elected this designation, he/ 

she may not change the designation or 

fish under the other gillnet category for 

the remainder of the fishing year. From 

December 29, 2014, to January 28, 2015 

owners of vessels that are designated as 

Day or Trip gillnet vessels may elect to 

switch to a different gillnet vessel 

designation for the remainder of the 

2014 fishing year. Incomplete 

applications, as described in paragraph 

(e) of this section, will be considered 

incomplete only for the purposes of 

obtaining authorization to fish in the NE 

multispecies gillnet fishery and 

otherwise will be processed or issued 

without a gillnet authorization. 

* * * * * 

■ 3. Section 648.14 is amended by 

■ a. Suspending from December 29, 

2014 until May 12, 2015, paragraphs 

(k)(12)(v)(K) and (L), (k)(13)(ii)(K) 

through (M), and (k)(16)(iii)(D) and (F); 

and 

■ b. Temporarily adding from December 

29, 2014 until May 12, 2015, paragraphs 

(k)(12)(v)(M) and (N), (k)(13)(ii)(N) 

through (P), and (k)(16)(iii)(G) and (H). 

The additions read as follows: 

§ 648.14 Prohibitions. 

* * * * * 

(k) * * * 

(12) * * * 

(v) * * * 

(M) 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)(L). 

(N) 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)(L), other groundfish 

specified under § 648.86, or monkfish 

under § 648.94. 

* * * * * 

(13) * * * 

(ii) * * * 

(N) 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)(9) and (10); § 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. 

(O) 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)(9), § 648.87, or 

§ 648.89, or allowed pursuant to 

§ 648.85(b)(6) or § 648.88. 

(P) Atlantic cod. (1) Enter port in 

possession of more than the allowable 

limit of cod specified in § 648.86(b)(8), 

unless the vessel is fishing under the 

cod exemption specified in 

§ 648.86(b)(10). 

(2) Enter port in possession of more 

than the allowable limit of cod specified 

in § 648.86(b)(9). 

(3) Fail to declare through VMS an 

intent to be exempt from the GOM cod 

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77950 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 

trip limit under § 648.86(b)(8), as 

required under § 648.86(b)(10), or fish 

north of the exemption line if in 

possession of more than the GOM cod 

trip limit specified under § 648.86(b)(8). 

* * * * * 

(16) * * * 

(iii) * * * 

(G) If fishing from a recreational 

vessel, a vessel with a charter/party 

permit, or a charter or party boat, fish 

for or possess cod in or from the GOM 

Broad Stock Area, or fail to abide by 

§ 648.89(c)(9) if transiting with cod on 

board. 

(H) If fishing from a recreational 

vessel, a vessel with a charter/party 

permit, or a charter or party boat, fail to 

comply with the GOM cod possession 

prohibition described in § 648.89(c)(9). 

* * * * * 

■ 4. Section 648.80 is amended by: 

■ a. Suspending from December 29, 

2014 until May 12, 2015, paragraphs 

(a)(3)(viii) and (a)(4)(ix); and 

■ b. Temporarily adding from December 

29, 2014 until May 12, 2015, paragraphs 

(a)(3)(ix) and (a)(4)(x). 

The additions read as follows: 

§ 648.80 NE Multispecies regulated mesh 

areas and restrictions and methods of 

fishing. 

* * * * * 

(a) * * * 

(3) * * * 

(ix) 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 (a)(16) and (a)(18) through 

(a)(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)(9) and (10), 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) * * * 

(x) 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 

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)(0), 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. 

* * * * * 

■ 5. Section 648.81 is amended by: 

■ a. Suspending from December 29, 

2014 until May 12, 2015, paragraphs 

(d)(3) and (4), (o)(1)(iii), (iv), and (viii) 

through (x); and 

■ b. Temporarily adding from December 

29, 2014 until May 12, 2015, paragraphs 

(d)(5) and (6), and (o)(1)(xi) through 

(xv). 

The additions read as follows: 

§ 648.81 NE multispecies closed area and 

measures to protect EFH. 

* * * * * 

(d) * * * 

(5) 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)(6) and (i) of this section 

(a chart depicting this area is available 

from the Regional Administrator upon 

request): 

CASHES LEDGE CLOSURE AREA

Point N. 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′ 

(6) Unless otherwise restricted under 

the EFH Closure(s) specified in 

paragraph (h) of this section, paragraph 

(d)(5) 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 

(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). 

* * * * * 

(o) * * * 

(1) * * * 

(xi) 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 

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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77951 

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 

MAR1 .................... 43°00′ N (1) 

MAR2 .................... 43°00′ N 70°00′ W 

MAR3 .................... 43°30′ N 70°00′ W 

MAR4 .................... 43°30′ N 69°30′ W 

MAR5 .................... 42°30′ N 69°30′ W 

MAR6 .................... 42°30′ N 70°00′ W 

MAR7 .................... 42°15′ N 70°00′ W 

MAR8 .................... 42°15′ N 70°30′ W 

MAR9 .................... 42°30′ N 70°30′ W 

MAR10 .................. 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. 

(xii) 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 

APR1 .................... 43°00′ N (1) 

APR2 .................... 43°00′ N 70°00′ W 

APR3 .................... 43°30′ N 70°00′ W 

APR4 .................... 43°30′ N 69°30′ W 

APR5 .................... 43°00′ N 69°30′ W 

APR2 .................... 43°00′ N 70°00′ W 

APR7 .................... 42°15′ N 70°00′ W 

APR8 .................... 42°15′ N 70°30′ W 

APR9 .................... 42°00′ N 70°30′ W 

APR10 .................. 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. 

(xiii) 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 

SEP1 ..................... 43°00′ N 70°30′ W 

SEP2 ..................... 43°00′ N 70°00′ W 

SEP3 ..................... 42°15′ N 70°00′ W 

SEP4 ..................... 42°15′ N 70°30′ W 

SEP1 ..................... 43°00′ N 70°30′ W 

(xiv) 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 

coastlines of Massachusetts and New 

Hampshire: 

SEASONAL INTERIM CLOSURE AREA 9 

[November 1–November 30] 

Point Latitude Longitude 

NOV1 .................... 43°00′ N (1) 

NOV2 .................... 43°00′ N 70°00′ W 

NOV3 .................... 42°15′ N 70°00′ W 

NOV4 .................... 42°15′ N 70°30′ W 

NOV5 .................... 42°00′ N 70°30′ W 

NOV6 .................... 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. 

(xv) From December 1–December 31, 

the restrictions specified in this 

paragraph (o)(1) apply to Seasonal 

Interim Closure Area 10, 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 

DEC1 .................... 42°30′ N (1) 

DEC2 .................... 42°30′ N 70°00′ W 

DEC3 .................... 42°00′ N 70°00′ W 

DEC4 .................... 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. 

* * * * * 

■ 6. Section 648.82 is amended by: 

■ a. Suspending from December 29, 

2014 until May 12, 2015, paragraphs 

(b)(7) and (b)(8); and 

■ b. Temporarily adding from December 

29, 2014 until May 12, 2015, paragraphs 

(b)(9) and (b)(10). 

The additions read as follows: 

§ 648.82 Effort-control program for NE 

multispecies limited access vessels. 

* * * * * 

(b) * * * 

(9) 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)(9). If the 

vessel elects to fish in the GOM Broad 

Stock Area, as specified in 

§ 648.10(k)(3)(i), 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 Broad 

Stock Area, as specified in 

§ 648.10(k)(3)(i), 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] 

(10) 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)(10). If the vessel elects to fish in the 

GOM Broad Stock Area, as specified in 

§ 648.10(k)(3)(i), 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 Broad 

Stock Area, as specified in 

§ 648.10(k)(3)(i), the vessel may retain 

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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)(9) is 

reduced below 300 lb (135 kg) per DAS 

by NMFS, the cod trip limit specified in 

this paragraph (b)(10) 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 Broad 

Stock 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. 

(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 Broad Stock Area, 

as specified in § 648.10(k)(3)(i), 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 

Broad Stock 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 Broad 

Stock Area, as specified in 

§ 648.10(k)(3)(i), a vessel owner or 

operator must declare an intent to fish 

south of the GOM Broad Stock 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 Broad Stock Area, as specified 

in § 648.10(k)(3)(i), provided that their 

gear is not available for immediate use 

as defined in § 648.2. 

* * * * * 

■ 7. Section 648.85 is amended by: 

■ a. Suspending from December 29, 

2014 until May 12, 2015, paragraph 

(b)(6)(iv)(K); and 

■ b. Temporarily adding from December 

29, 2014 until May 12, 2015, paragraph 

(b)(6)(iv)(L). 

The addition reads as follows: 

§ 648.85 Special management programs. 

* * * * * 

(b) * * * 

(6) * * * 

(iv) * * * 

(L) Landing limits. Unless otherwise 

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

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 Broad Stock Area, as 

specified in § 648.10(k)(3)(i), 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. 

* * * * * 

■ 8. Section 648.86 is amended by: 

■ a. Suspending from December 29, 

2014 until May 12, 2015, paragraphs 

(b)(5) through (b)(7); and 

■ b. Temporarily adding from December 

29, 2014 until May 12, 2015, paragraphs 

(b)(8) through (b)(10). 

The additions read as follows: 

§ 648.86 NE Multispecies possession 

restrictions. 

* * * * * 

(b) * * * 

(8) GOM cod landing and possession 

limit. Except as provided in paragraph 

(b)(10) 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 

not possess or land more than 200 lb 

(90.7 kg) of cod in or from the GOM 

Broad Stock Area described in 

§ 648.10(k)(3)(i). Cod on board a vessel 

subject to this landing and possession 

limit must be separated from other 

species of fish and stored so as to be 

readily available for inspection. 

(i) Declaration. A vessel with a 

limited access NE multispecies permit 

that fishes or intends to fish on a NE 

multispecies trip in the GOM Broad 

Stock Area, as specified in 

§ 648.10(k)(3)(i), 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. 

(ii) [Reserved] 

(9) 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)(10) of this section. 

(10) Exemption. A vessel with a NE 

multispecies limited access permit 

fishing under a NE multispecies trip is 

exempt from the landing limit described 

in paragraph (b)(8) of this section when 

fishing south of the GOM Broad Stock 

Area, as specified in § 648.10(k)(3)(i), 

provided that the vessel complies with 

the requirement of this paragraph 

(b)(10). 

(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 is declared 

into the NE multispecies fishery and 

fishes or intends to fish south of the 

GOM Broad Stock Area, specified in 

§ 648.10(k)(3)(i), 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 vessel with a limited access NE 

multispecies permit that is exempt from 

the GOM cod landing limit pursuant to 

paragraph (b)(10)(i) of this section may 

not fish in the GOM Broad Stock Area, 

as specified in § 648.10(k)(3)(i), but may 

transit the GOM Broad Stock Area, 

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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77953 

provided that its gear is not available for 

immediate use as defined in § 648.2. 

* * * * * 

■ 9. Section 648.87 is amended by: 

■ a. Suspending from December 29, 

2014 until May 12, 2015, paragraphs 

(b)(1)(x), (c)(2)(ii)(E), and (c)(2)(iii); and 

■ b. Temporarily adding from December 

29, 2014 until May 12, 2015, paragraph 

(b)(1)(xi), (c)(2)(ii)(G), and (c)(2)(iv). 

The additions read as follows: 

§ 648.87 Sector Allocation. 

* * * * * 

(b) * * * 

(1) * * * 

(xi) Trip limits. With the exception of 

the GOM cod trip limit at § 648.86(b)(8), 

the Atlantic halibut trip limit at 

§ 648.86(c), and the stocks listed in 

§ 648.86(l), 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) * * * 

(G) 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)(8) and paragraph (b)(1)(xi) of 

this section. 

(iv) 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 

Seasonal Interim Closure Areas, as 

defined at § 648.81(o)(1). 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] 

* * * * * 

■ 10. Section 648.88 is amended by: 

■ a. Suspending from December 29, 

2014 until May 12, 2015, paragraph 

(a)(3); and 

■ b. Temporarily adding from December 

29, 2014 until May 12, 2015, paragraph 

(a)(4). 

The addition reads as follows: 

§ 648.88 Multispecies open access permit 

restrictions. 

(a) * * * 

(4) 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)(8) and (9), 

respectively, is adjusted by NMFS, the 

cod trip limit specified in this paragraph 

(a)(4) 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)(8) doubled, 

then the cod trip limit for the Handgear 

B category fishing in the GOM Broad 

Stock Area would also double to 150 lb 

(68 kg). 

* * * * * 

■ 11. Section 648.89 is amended by: 

■ a. Suspending from December 29, 

2014 until May 12, 2015, paragraphs 

(c)(8) and (e)(4); and 

■ b. Temporarily adding from December 

29, 2014 until May 12, 2015, paragraph 

(c)(9) and (e)(7). 

The additions read as follows: 

§ 648.89 Recreational and charter/party 

vessel restrictions. 

* * * * * 

(c) * * * 

(9) Private recreational and charter/

party vessels. (i) Unless otherwise 

restricted in paragraph (c)(2) of this 

section, each person on a private 

recreational vessel or a charter party 

boat may possess no more than 10 cod 

per day in, or harvested from, the EEZ, 

and no person on a vessel with a 

charter/party permit may possess more 

than 10 cod per day. Unless further 

restricted by the GOM Seasonal Interim 

Closure Areas specified under 

§ 648.81(o)(1), charter or party boats and 

recreational vessels fishing in the EEZ, 

and vessels issued charter/party permits 

may not fish for or possess cod in or 

from the GOM Broad Stock Area as 

specified in § 648.10(k)(3)(i). 

(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 caught by more than one 

person aboard a vessel fishing pursuant 

to § 648.89 may be pooled in one or 

more containers. Compliance with the 

possession limits will be determined by 

dividing the number of fish on board by 

the number of persons on board. If there 

is a violation of the possession limit on 

board a vessel carrying more than one 

person, and cod is pooled together, the 

violation shall be deemed to have been 

committed by the owner or operator of 

the vessel. 

(iv) Private recreational vessels, 

charter or party boats, and vessels 

issued charter/party permits in 

possession of cod caught lawfully 

outside the GOM Broad Stock Area may 

transit the GOM Broad Stock Area, 

provided all bait and hooks are removed 

from fishing rods and any cod on board 

has been gutted and stored. 

* * * * * 

(e) * * * 

(7) GOM Closed Areas. Unless 

otherwise specified in this paragraph 

(e)(7), a vessel fishing under charter/

party regulations may not fish in the 

GOM closed areas specified at 

§ 648.81(d)(5), (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)(6). The 

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77954 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 

conditions and restrictions 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) 

during the time periods specified in that 

paragraph, unless the vessel complies 

with the requirements specified at 

§ 648.81(n)(2)(iii). 

* * * * * 

[FR Doc. 2014–30106 Filed 12–24–14; 8:45 am] 

BILLING CODE 3510–22–P 

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