§648.86. NE Multispecies commercial possession restrictions.
50 C.F.R. § 648.86
Except as provided in §§ 648.11(l) and 648.17, or elsewhere in this part, the following possession restrictions apply:
NE multispecies common pool vessels—
DAS Permits. A common pool vessel issued a valid Federal NE multispecies DAS permit specified under § 648.4(a)(1) is subject to the following possession limits for regulated multispecies and may not possess or land more than the amounts listed in Table 1 to paragraph (a)(1) for each DAS or part of a DAS fished, up to the amount listed per trip, unless changed by the Regional Administrator through an inseason action, as specified at paragraph (a)(5) of this section. Current possession limits, as adjusted by any inseason actions, are available at: https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/northeast-multispecies-common-pool-fishery.
Small vessel permits. A vessel qualified and electing to fish under the Small Vessel category, as described at § 648.82(b)(5), may retain up to 300 lb (136.1 kg) of cod, haddock, and yellowtail flounder, combined, provided the vessel does not exceed the NE multispecies DAS permit daily possession restrictions for these stocks specified at paragraphs (a)(1) and (b) of this section. Such a vessel may retain, per trip, up to the daily possession limits for other NE multispecies, as specified at paragraphs (a)(1) and (b) of this section. If there is no daily possession limit for a stock, as specified in paragraph (a)(1), such a vessel may retain, per trip, up to the trip limit specified in paragraph (a)(1).
Handgear A permits. A vessel qualified and electing to fish under the Handgear A category, as described at § 648.82(b)(6), may retain, per trip, up to the daily possession limit for NE multispecies, as specified under paragraphs (a)(1) and (b) of this section, provided the vessel complies with the restrictions and conditions specified in § 648.82(b)(6). If there is no daily possession limit for a stock, as specified in paragraph (a)(1) of this section, a Handgear A vessel may retain, per trip, up to the trip limit specified in paragraph (a)(1) of this section. The Handgear A possession limit for cod stocks cannot exceed 300 lb (136.1 kg) per trip. For example, if the GB cod trip limit for NE multispecies DAS vessels was increased to 350 lb (158.8 kg) per DAS, then the GB cod trip limit for a vessel issued a Handgear A category permit would be 300 lb (136.1 kg).
Handgear B permits. A vessel qualified and electing to fish under the Handgear B category, as described in § 648.82(m)(1), may retain, per trip, up to the daily possession limit restrictions for NE multispecies other than cod as specified in paragraphs (a)(1) and (b) of this section, provided the vessel complies with the restrictions and conditions specified in § 648.82(m)(1). If there is no daily possession limit for a stock, as specified in paragraph (a)(1) of this section, a Handgear B vessel may retain, per trip, up to the trip limit specified in paragraph (a)(1) of this section. For cod stocks, a vessel fishing under the Handgear B permit may retain up to 25 lb (11.3 kg) per trip, unless the trip limit applicable to a vessel fishing under a NE multispecies DAS permit has been set to 0 lb (0 kg), in which case the Handgear B possession limit is also 0 lb (0 kg). NMFS may adjust the cod possession limit for Handgear B vessels, as specified under at paragraph (a)(5) of this section, but this possession limit for cod stocks cannot exceed 75 lb (34 kg) per trip.
Regional Administrator authority to implement or modify possession limits—
Possession restrictions to prevent exceeding common pool sub-ACLs. If the Regional Administrator projects that the catch of any NE multispecies stock allocated to common pool vessels pursuant to § 648.90(a)(4) will exceed the pertinent sub-ACL, NMFS may implement or adjust at any time prior to or during the fishing year, in a manner consistent with the Administrative Procedure Act, a per-DAS possession limit and/or a trip limit, as specified in paragraphs (a)(1) through (4) of this section, in order to prevent exceeding the common pool sub-ACL in that fishing year.
Possession restrictions to facilitate harvest of sub-ACLs allocated to the common pool. If the Regional Administrator projects that the sub-ACL of any stock allocated to the common pool pursuant to § 648.90(a)(4) will not be caught during the fishing year, the Regional Administrator may remove or adjust, in a manner consistent with the Administrative Procedure Act, a per-DAS possession limit and/or a trip limit, as specified in paragraphs (a)(1) through (4) of this section, in order to facilitate harvest and enable the total catch to approach, but not exceed, the pertinent sub-ACL allocated to the common pool for that fishing year.
Additional possession restrictions for common pool vessels—
Daily landing restriction. A vessel issued a limited access NE multispecies permit or an open access NE multispecies Handgear B permit may land regulated species or ocean pout only once in any 24-hr period, based upon the time the vessel lands following the end of the previous trip. For example, if a vessel lands 1,600 lb (726 kg) of pollock at 6 p.m. on Tuesday, that vessel cannot land any more regulated species or ocean pout until at least 6 p.m. on the following Wednesday.
Possession limits for vessels fishing in multiple areas. If any NE multispecies permitted vessel fishes in more than one stock area on the same trip, as defined in § 648.88, the most restrictive trip limit for a species applies for the entire trip. For example, if the trip limit for GB winter flounder is 500 lb (227 kg) and the GOM winter flounder trip limit is 2,000 lb (907 kg), a vessel fishing in both the GB and GOM winter flounder stock areas on the same trip cannot possess more than 500 lb (227 kg) of winter flounder on that trip.
Cod. Cod on board a vessel subject to the possession limits in paragraph (a) of this section must be separated from other species of fish and stored so as to be readily available for inspection.
Yellowtail flounder. A vessel fishing in the GB yellowtail stock area defined at § 648.88(a)(7), but exclusively outside of the U.S./Canada Management Area, as defined in § 648.85(a)(1), is subject to the GB yellowtail flounder limit described in paragraph (a) of this section. A vessel fishing in the U.S./Canada Management Area defined in § 648.85(a)(1) is subject to the GB yellowtail flounder limit described in § 648.85(a)(3)(iv)(C). A vessel fishing outside and inside of the U.S./Canada Management Area on the same trip is subject to the most restrictive yellowtail flounder trip limit (i.e., the most restrictive of all the trip limits for all three yellowtail flounder stocks, as specified by paragraph (a) of this section or § 648.85(a)(3)(iv)(C)).
Offloading requirement for vessels possessing species regulated by a daily possession limit. A vessel that has ended a trip as specified in § 648.10(e)(2)(iii) or § 648.10(h)(5) that possesses on board species regulated by a daily possession limit (i.e., pounds per DAS), as specified at § 648.85 or § 648.86, must offload species in excess of the daily possession limit prior to leaving port on a subsequent trip. A vessel may retain on board up to 1 day's worth of such species prior to the start of a subsequent trip. Other species regulated by an overall trip limit may be retained on board for a subsequent trip. For example, a vessel that possesses haddock and winter flounder harvested from Gulf of Maine is subject to a daily possession limit for haddock of 1,000 lb (453 kg)/DAS and an overall trip limit of 2,000 lb (907 kg)/trip for winter flounder (no daily possession limit). In this example, the vessel would be required to offload any haddock harvested in excess of 1,000 lb (453 kg) (i.e., the vessel may retain up to 1,000 lb (453 kg) of GOM haddock, and must offload any additional haddock), but may retain 2,000 lb (907 kg) of winter flounder prior to leaving port and crossing the VMS Demarcation Line to begin a subsequent trip.
NE multispecies vessels—
Atlantic halibut. A vessel issued a NE multispecies permit under § 648.4(a)(1) may land or possess on board no more than one Atlantic halibut per trip, provided the vessel complies with other applicable provisions of this part, unless otherwise specified in the Atlantic halibut accountability measures at § 648.90(a)(5)(i)(F).
Ocean pout, windowpane flounder, and Atlantic wolffish. A vessel issued a limited access NE multispecies permit or an open access NE multispecies Handgear B permit may not fish for, possess, or land ocean pout, windowpane flounder, or Atlantic wolffish.
Calculation of weight of fillets or parts of fish. The possession limits described under this part are based on the weight of whole, whole-gutted, or gilled fish. For purposes of determining compliance with the possession limits specified in this section, the weight of fillets and parts of fish, other than whole-gutted or gilled fish, as allowed under § 648.83(a) and (b), will be multiplied by 3.
Other possession restrictions. Vessels are subject to any other applicable possession limit restrictions of this part, including, but not limited to, the possession limits for other FMPs and special management programs.
Scallop dredge vessels—
Haddock prohibition. No person owning or operating a scallop dredge vessel may land haddock from, or possess haddock on board, a scallop dredge vessel from January 1 through June 30.
Haddock possession. Unless otherwise authorized by the Regional Administrator, scallop dredge vessels or persons owning or operating a scallop dredge vessel that is fishing under a scallop DAS allocated under § 648.53 may land or possess on board up to 300 lb (136.1 kg) of haddock, provided the vessel does not fish for, possess, or land haddock from January 1 through June 30, as specified under paragraph (c)(1) of this section, except as specified in paragraph (c)(3) of this section, provided that the vessel has at least one standard tote on board. This restriction does not apply to vessels also issued limited access NE multispecies permits that are fishing under a multispecies DAS. Haddock on board a vessel subject to this possession limit must be separated from other species of fish and stored so as to be readily available for inspection.
Scallop NE multispecies possession limit permit. With the exception of vessels fishing in the Sea Scallop Access Areas as specified in § 648.59(b) through (d), a vessel that has been issued a valid open access scallop NE multispecies possession limit permit may possess and land up to 300 lb (136.1 kg) of regulated NE multispecies when fishing under a scallop DAS allocated under § 648.53, provided the vessel does not fish for, possess, or land haddock from January 1 through June 30, as specified under paragraph (c)(1) of this section, and provided that the amount of regulated NE multispecies on board the vessel does not exceed any of the pertinent trip limits specified under § 648.86, and provided the vessel has at least one standard tote on board, as defined at § 648.2. A vessel fishing in the Sea Scallop Access Areas as specified in §§ 648.59(b) through (d) is subject to the possession limits specified in § 648.59(b)(5).
Incidental catch allowance for some Atlantic herring vessels. A vessel issued a Category A or B Herring Permit fishing on a declared herring trip, regardless of gear or area fished, or a vessel issued a Category C, D, or E Herring Permit and fishing with midwater trawl gear pursuant to § 648.80(d), may possess and land haddock only in accordance with requirements specified in § 648.80(d) and (e).
Haddock incidental catch cap. When the Regional Administrator has determined that the incidental catch allowance for a given haddock stock, as specified in § 648.90(a)(4)(iii)(E), has been caught, no vessel issued an Atlantic herring permit and fishing with midwater trawl gear in the applicable stock area, i.e., the Herring GOM Haddock Accountability Measure (AM) Area or Herring GB Haddock AM Area, as defined in paragraphs (d)(2) and (3) of this section, may fish for, possess, or land herring in excess of 2,000 lb (907.2 kg) per trip in or from that area, unless all herring possessed and landed by the vessel were caught outside the applicable AM Area and the vessel's gear is stowed and not available for immediate use as defined in § 648.2 while transiting the AM Area. Upon this determination, the haddock possession limit is reduced to 0 lb (0 kg) for a vessel issued a Federal Atlantic herring permit and fishing with midwater trawl gear or for a vessel issued a Category A or B Herring Permit fishing on a declared herring trip, regardless of area fished or gear used, in the applicable AM Area, unless the vessel also possesses a NE multispecies permit and is operating on a declared (consistent with § 648.10(g)) NE multispecies trip. In making this determination, the Regional Administrator shall use haddock catches observed by observers or monitors on herring vessel trips using midwater trawl gear in Management Areas 1A, 1B, and/or 3, as defined in § 648.200(f)(1) and (3), expanded to an estimate of total haddock catch for all such trips in a given haddock stock area.
Herring GOM Haddock Accountability Measure Area. The Herring GOM Haddock AM Area is defined by the straight lines connecting the following points in the order stated (copies of a map depicting the area are available from the Regional Administrator upon request):
Herring GB Haddock Accountability Measure Area. The Herring GB Haddock AM Area is defined by the straight lines connecting the following points in the order stated (copies of a map depicting the area are available from the Regional Administrator upon request):
Fishing years. The haddock incidental catch caps specified are for the NE multispecies fishing year (May 1-April 30), which differs from the herring fishing year (January 1-December 31). If the haddock incidental catch allowance is attained by the herring midwater trawl fishery for the GOM or GB, as specified in § 648.90(a)(4)(iii)(E), the 2,000-lb (907.2-kg) limit on herring possession in the applicable AM Area, as described in paragraph (d)(2) or (3) of this section, shall be in effect until the end of the NE multispecies fishing year. For example, the 2011 haddock incidental catch cap is specified for the period May 1, 2011-April 30, 2012, and the 2012 haddock catch cap would be specified for the period May 1, 2012-April 30, 2013. If the catch of haddock by herring midwater trawl vessels reached the 2011 incidental catch cap at any time prior to the end of the NE multispecies fishing year (April 30, 2012), the 2,000-lb (907.2-kg) limit on possession of herring in the applicable AM Area would extend through April 30, 2012. Beginning May 1, 2012, the 2012 catch cap would go into effect.
Other regulated NE multispecies possession restrictions for some Atlantic herring vessels. A vessel issued a Category A or B Herring Permit on a declared herring trip, regardless of area fished or gear used, or a vessel issued a Category C, D, or E Herring Permit and fishing with midwater trawl gear pursuant to § 648.80(d), may possess and land haddock, and up to 100 lb (45 kg), combined, of regulated NE multispecies other than haddock, in accordance with the requirements in § 648.80(d) and (e). Such fish may not be sold for human consumption.
Small-mesh multispecies.
Vessels issued a valid Federal NE multispecies permit specified under § 648.4(a)(1) are subject to the following possession limits for small-mesh multispecies, which are based on the mesh size used by, or on board vessels fishing for, in possession of, or landing small-mesh multispecies.
Vessels possessing on board or using nets of mesh size smaller than 3 in (7.62 cm). Owners or operators of a vessel may possess and land not more than 15,000 lb (6,804 kg) of combined silver hake and offshore hake, if either of the following conditions apply:
The mesh size of any net or any part of a net used by or on board the vessel is smaller than 3 inches (7.62 cm), as applied to the part of the net specified in paragraph (d)(1)(iv) of this section, as measured in accordance with § 648.80(f); or
The mesh size of any net or part of a net on board the vessel not incorporated into a fully constructed net is smaller than 3 inches (7.62 cm), as measured by methods specified in § 648.80(f). “Incorporated into a fully constructed net” means that any mesh smaller than 3 inches (7.62 cm) that is incorporated into a fully constructed net may occur only in the part of the net not subject to the mesh size restrictions specified in paragraph (d)(1)(iv) of this section, and the net into which the mesh is incorporated must be available for immediate use.
[Reserved]
Vessels possessing on board or using nets of mesh size equal to or greater than 3 in (7.62 cm). An owner or operator of a vessel that is not subject to the possession limits specified in paragraphs (d)(1)(i) and (ii) of this section may possess and land not more than 30,000 lb (13,608 kg) of combined silver hake and offshore hake when fishing in the GOM or GB Exemption Areas, as described in § 648.80(a), and not more than 40,000 lb (18,144 kg) of combined silver hake and offshore hake when fishing in the SNE or MA Exemption Areas, as described in § 648.80(b)(10) and (c)(5), respectively, if both of the following conditions apply:
The mesh size of any net or any part of a net used by or on board the vessel is equal to or greater than 3 inches (7.62 cm), as applied to the part of the net specified in paragraph (d)(1)(iv) of this section, as measured by methods specified in § 648.80(f); and
The mesh size of any net or part of a net on board the vessel not incorporated into a fully constructed net is equal to or greater than 3 inches (7.62 cm), as measured by methods specified in § 648.80(f). “Incorporated into a fully constructed net” means that any mesh smaller than 3 inches (7.62 cm) that is incorporated into a fully constructed net may occur only in the part of the net not subject to the mesh size restrictions as specified in paragraph (d)(1)(iv) of this section, and the net into which the mesh is incorporated must be available for immediate use.
Application of mesh size. Counting from the terminus of the net, the mesh size restrictions specified in paragraphs (d)(1)(i) through (iii) of this section are only applicable to the first 100 meshes (200 bars in the case of square mesh) for vessels greater than 60 ft (18.3 m) in length, and to the first 50 meshes (100 bars in the case of square mesh) for vessels 60 ft (18.3 m) or less in length. Notwithstanding any other provision of this section, the restrictions and conditions pertaining to mesh size do not apply to nets or pieces of net smaller than 3 ft by 3 ft (0.9 m by 0.9 m), (9 sq ft (0.81 sq m)).
Possession of southern red hake while under a rebuilding plan. When the southern red hake stock, defined as statistical areas 525-526, 533-534, 541-543, 537-539, 562, 611-616, 621-623, 625-628, 631-634, 635-638, is under a rebuilding plan, the year-round possession limit for southern red hake shall be the following:
Vessels possessing on board or using nets of mesh size smaller than 5.5 in (13.97 cm). Owners and operators of vessels may possess and land no more than 600 lb (272 kg) of southern red hake per trip when:
(1) Using trawls with diamond or square mesh size less than 5.5 in (13.97 cm); and/or
(2) A vessel is in possession of a net with mesh size smaller than 5.5 in (13.97 cm), unless it is properly stowed and not available for immediate use in accordance with § 648.2 and not used on that trip.
Vessels using nets of mesh size greater than or equal to 5.5 in (13.97 cm), using small-mesh selective trawls, or gear other than trawl. Owners and operators may possess and land no more than 1,000 lb (453 kg) of southern red hake per trip when:
(1) Using trawls with diamond or square mesh size 5.5 in (13.97 cm) or larger;
(2) Using small-mesh selective gear, including raised-footrope trawls as defined in § 648.80(a)(9)(ii), large-mesh belly panel trawls as defined in § 648.84(f), rope separator trawls as defined in § 648.84(e), and other selective gears deemed by the Regional Administrator to adequately reduce the catch of red hake; or
(3) When using gears other than trawls.
Possession of northern red hake. Vessels participating in the small-mesh multispecies fishery and fishing on the northern red hake stock, defined as statistical areas 464-465, 467, 511-515, 521-522, and 561, may possess and land no more than 3,000 lb 91,361 kg) of red hake when fishing in the GOM/GB Exemption area, as described in § 648.80(a)(17).
Possession limit for vessels participating in the northern shrimp fishery. Owners and operators of vessels participating in the Small-Mesh Northern Shrimp Fishery Exemption Area, as described in § 648.80(a)(3), with a vessel issued a valid Federal NE multispecies permit specified under § 648.4(a)(1), may possess and land silver hake and offshore hake, combined, up to an amount equal to the weight of shrimp on board, not to exceed 3,500 lb (1,588 kg). Silver hake and offshore hake on board a vessel subject to this possession limit must be separated from other species of fish and stored so as to be readily available for inspection.
Possession restriction for vessels electing to transfer small-mesh NE multispecies at sea. Owners and operators of vessels issued a valid Federal NE multispecies permit and issued a letter of authorization to transfer small-mesh NE multispecies at sea according to the provisions specified in § 648.13(b) are subject to a combined silver hake and offshore hake possession limit that is 500 lb (226.8 kg) less than the possession limit the vessel otherwise receives. This deduction shall be noted on the transferring vessel's letter of authorization from the Regional Administrator.
Accountability Measure In-season adjustment of small-mesh multispecies possession limits. If the Regional Administrator projects that an in-season adjustment TAL trigger level for any small-mesh multispecies stock, as specified in § 648.90(b)(5)(iii), has been reached or exceeded, the Regional Administrator shall reduce the possession limit of that stock to the incidental level for that stock, as specified in this paragraph (d)(4), for the remainder of the fishing year through notice consistent with the Administrative Procedure Act, unless such a reduction in the possession limit would be expected to prevent the TAL from being reached.
Red hake. If a possession limit reduction is needed for a stock area, the incidental possession limit for red hake in that stock area will be 400 lb (181.44 kg) for the remainder of the fishing year.
Silver hake and offshore hake. If a possession limit reduction is needed for a stock area, the incidental possession limit for silver hake and offshore hake, combined, in that stock area will be 2,000 lb (907 kg) for the remainder of the fishing year.
Notes, amendments, and revision history
Amendments
[69 FR 22978, Apr. 27, 2004]
Authority
Authority: 16 U.S.C. 1801 et seq.
Source
Source: 61 FR 34968, July 3, 1996, unless otherwise noted.
Amendments
[69 FR 22978, Apr. 27, 2004]