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, 67362-67376 [2014-26844]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Rules and Regulations]
[Pages 67362-67376]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26844]


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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.

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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

[[Page 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 Sec.  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 year-round 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.

[[Page 67364]]

[GRAPHIC] [TIFF OMITTED] TR13NO14.183

Seasonal Interim Closure Area Rationale

    Three objectives were used in evaluating areas for interim 
closures: Reducing fishing mortality by reducing GOM cod commercial and 
recreational catch; protecting core areas where the remaining GOM cod 
stock is believed to be located; and protecting areas of likely cod 
spawning activities. These objectives were analyzed in the context of 
not closing down the entire GOM so as to allow some harvesting of other 
groundfish stocks but still reducing mortality and fishing on cod while 
the Council develops more permanent measures for Framework Adjustment 
53.

[[Page 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 mid-calendar 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 spawning-related 
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

[[Page 67366]]

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 Sec.  648.2. Trawl 
vessels may use on-net storage provisions in Sec.  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[deg] 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

[[Page 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 long-term 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

[[Page 67368]]

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 Magnuson-Stevens 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 long-term 
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

[[Page 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 notice-and-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

0
1. The authority citation for part 648 continues to read as follows:

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


0
2. Section 648.2 is amended by:
0
a. Suspending from November 13, 2014 until April 30, 2015, the 
definition for ``Gillnet gear capable of catching multispecies''; and
0
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.


Sec.  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 Sec.  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.
* * * * *

0
3. Section 648.10 is amended by adding paragraph (k)(3)(i)(A) and 
reserved paragraph (k)(3)(i)(B) to read as follows:


Sec.  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]
* * * * *

0
4. Section 648.14 is amended by:
0
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);
0
b. Revising paragraphs (k)(12)(i) introductory text, (k)(13)(i) 
introductory text; and
0
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).

[[Page 67370]]

    The revisions and additions read as follows:


Sec.  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 Sec.  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 Sec.  648.81(o)(2)(ii)), in the areas and for the 
times specified in Sec.  648.80(g)(6)(iii) and (iv), except as provided 
in Sec.  648.80(g)(6)(iii) and (iv), and Sec.  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 
Sec.  648.81(o)(1), except as provided in Sec.  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 Sec.  648.81(d)(3) through 
(g)(1), except as provided in Sec.  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 Sec.  648.81(a) through (f) and (o), 
unless otherwise specified in Sec.  648.81(c)(2)(iii), (i), (o)(2), or 
as authorized under Sec.  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 Sec.  
648.85(b)(6), fail to comply with the landing limits specified in Sec.  
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 Sec.  
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 
Sec.  648.85(b)(6)(iv)(K), other groundfish specified under Sec.  
648.86, or monkfish under Sec.  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 Sec.  648.82(b)(7) or 
(8); Sec.  648.86(b)(5), unless the vessel is fishing under the cod 
exemption specified in Sec.  648.86(b)(7); Sec.  648.87(c)(2)(ii)(E); 
or Sec.  648.88(a)(1).
    (6) Fail to declare through VMS an intent to be exempt from the GOM 
cod trip limit under Sec.  648.86(b)(5), as required under Sec.  
648.86(b)(7), or fish north of the exemption line if in possession of 
more than the GOM cod trip limit specified under Sec.  648.86(b)(5).
    (ii) * * *
    (K) Possess or land per trip more than the possession or landing 
limits specified in Sec.  648.86(a), (b), (c), (e), (g), (h), (j), (l), 
(m), (n), and (o); Sec.  648.82(b)(7) and (8); Sec.  648.85; or Sec.  
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 Sec.  648.86 after using up 
the vessel's annual DAS allocation or when not participating in the DAS 
program pursuant to Sec.  648.82, unless otherwise exempted by 
Sec. Sec.  648.82(b)(7), 648.87, or 648.89, or allowed pursuant to 
Sec. Sec.  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 Sec.  648.86(b)(5), unless the vessel is fishing under the cod 
exemption specified in Sec.  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 Sec.  
648.86(b)(6).
    (3) Fail to declare through VMS an intent to be exempt from the GOM 
cod trip limit under Sec.  648.86(b)(5), as required under Sec.  
648.86(b)(7), or fish north of the exemption line if in possession of 
more than the GOM cod trip limit specified under Sec.  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 Sec.  
648.87(b)(1)(i), as prohibited by Sec.  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 Sec.  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 Sec.  648.81(o)(2)(iii) when fishing in the 
areas described in Sec.  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 Sec.  648.89(c)(8).
* * * * *

0
5. Section 648.80 is amended by:
0
a. Suspending from November 13, 2014 until April 30, 2015, paragraphs 
(a)(3)(vi), (a)(4)(iii), and (g)(6)(i) and (ii); and
0
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:


Sec.  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 Sec.  648.82(b)(7) 
and (8), respectively; or if fishing under a Handgear B permit 
specified in Sec.  648.88(a); or if fishing under the scallop state 
waters exemptions specified in Sec.  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 
Sec.  648.88; or if fishing as a charter/party or private recreational 
vessel in compliance with Sec.  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 Sec.  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

[[Page 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 Sec.  648.2, on a vessel or 
used by a vessel fishing under a DAS in the Large-mesh DAS program, 
specified in Sec.  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) x 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 Sec.  648.81(o)(2)(ii)), must comply with the applicable 
provisions of the Harbor Porpoise Take Reduction Plan found in Sec.  
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 Sec.  648.81(o)(2)(ii)), must comply with the applicable 
provisions of the Atlantic Large Whale Take Reduction Plan found in 
Sec.  229.32 of this title.
* * * * *


0
6. Section 648.81 is amended as follows:
0
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
0
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:


Sec.  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[deg]07'            69[deg]02'
CL2.........................  42[deg]49.5'          68[deg]46'
CL3.........................  42[deg]46.5'          68[deg]50.5'
CL4.........................  42[deg]43.5'          68[deg]58.5'
CL5.........................  42[deg]42.5'          69[deg]17.5'
CL6.........................  42[deg]49.5'          69[deg]26'
CL1.........................  43[deg]07'            69[deg]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 Sec.  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 Sec.  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 Sec.  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[deg]15'            70[deg]15'
WGM2........................  42[deg]15'            69[deg]55'
WGM3........................  43[deg]15'            69[deg]55'
WGM4........................  43[deg]15'            70[deg]15'
WGM1........................  42[deg]15'            70[deg]15'
------------------------------------------------------------------------
\1\ A 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 Sec.  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

[[Page 67372]]

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[deg]30' N          (\1\)
JAN 2.......................  42[deg]30' N          70[deg]30' W
JAN 3.......................  43[deg]00' N          70[deg]30' W
JAN 4.......................  43[deg]00' N          70[deg]00' W
JAN 5.......................  42[deg]15' N          70[deg]00' W
JAN 6.......................  42[deg]15' N          70[deg]30' W
JAN 7.......................  42[deg]00' N          70[deg]30' W
JAN 8.......................  42[deg]00' N          (\2\)
------------------------------------------------------------------------
\1\ The intersection of 42[deg]30' N latitude and the Massachusetts
  coastline.
\2\ The intersection of 42[deg]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[deg]30' N          (\1\)
FEB 2.......................  42[deg]30' N          70[deg]00' W
FEB 3.......................  43[deg]00' N          70[deg]00' W
FEB 4.......................  43[deg]00' N          69[deg]30' W
FEB 5.......................  42[deg]30' N          69[deg]30' W
FEB 2.......................  42[deg]30' N          70[deg]00' W
FEB 7.......................  42[deg]15' N          70[deg]00' W
FEB 8.......................  42[deg]15' N          70[deg]30' W
FEB 9.......................  42[deg]00' N          70[deg]30' W
FEB 10......................  42[deg]00' N          (\2\)
------------------------------------------------------------------------
\1\ The intersection of 42[deg]30' N latitude and the Massachusetts
  coastline.
\2\ The intersection of 42[deg]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[deg]00' N          (\1\)
MAR 2.......................  43[deg]00' N          70[deg]00' W
MAR 3.......................  43[deg]30' N          70[deg]00' W
MAR 4.......................  43[deg]30' N          69[deg]30' W
MAR 5.......................  42[deg]30' N          69[deg]30' W
MAR 6.......................  42[deg]30' W          70[deg]00' W
MAR 7.......................  42[deg]15' N          70[deg]00' W
MAR 8.......................  42[deg]15' N          70[deg]30' W
MAR 9.......................  42[deg]30' N          70[deg]30' W
MAR 10......................  42[deg]30' N          (\2\)
------------------------------------------------------------------------
\1\ The intersection of 43[deg]00' N latitude and the New Hampshire
  coastline.
\2\ The intersection of 42[deg]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[deg]00' N          (\1\)
MAR 2.......................  43[deg]00' N          70[deg]00' W
MAR 3.......................  43[deg]30' N          70[deg]00' W
MAR 4.......................  43[deg]30' N          69[deg]30' W
MAR 5.......................  43[deg]00' N          69[deg]30' W
MAR 2.......................  43[deg]00' N          70[deg]00' W
MAR 7.......................  42[deg]15' N          70[deg]00' W
MAR 8.......................  42[deg]15' N          70[deg]30' W
MAR 9.......................  42[deg]00' N          70[deg]30' W
MAR 10......................  42[deg]00' N          (\2\)
------------------------------------------------------------------------
\1\ The intersection of 43[deg]00' N latitude and the New Hampshire
  coastline.
\2\ The intersection of 42[deg]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[deg]30' N          (\1\)
MAY 2.......................  43[deg]30' N          70[deg]00' W
MAY 3.......................  42[deg]15' N          70[deg]00' W
MAY 4.......................  42[deg]15' N          70[deg]30' W
MAY 5.......................  42[deg]00' N          70[deg]30' W
MAY 6.......................  42[deg]00' N          (\2\)
------------------------------------------------------------------------
\1\ The intersection of 43[deg]30' N latitude and the Maine coastline.
\2\ The intersection of 42[deg]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[deg]30' W
JUN 2.......................  43[deg]00' N          70[deg]30' W
JUN 3.......................  43[deg]00' N          70[deg]00' W
JUN 4.......................  42[deg]15' N          70[deg]00' W
JUN 5.......................  42[deg]15' N          70[deg]30' W
JUN 6.......................  42[deg]30' N          70[deg]30' W
JUN 7.......................  42[deg]30' N          (\2\)
------------------------------------------------------------------------
\1\ The intersection of 70[deg]00' W longitude and the Maine coastline.
\2\ The intersection of 42[deg]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[deg]00' N          70[deg]30' W
JUL 2.......................  43[deg]00' N          70[deg]00' W
JUL 3.......................  43[deg]30' N          70[deg]00' W
JUL 4.......................  43[deg]30' N          69[deg]30' W
JUL 5.......................  43[deg]00' N          69[deg]30' W
JUL 2.......................  43[deg]00' N          70[deg]00' W
JUL 7.......................  42[deg]15' N          70[deg]00' W
JUL 8.......................  42[deg]15' N          70[deg]30' W
JUL 1.......................  43[deg]00' N          70[deg]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[deg]00' N          70[deg]30' W
JUL 2.......................  43[deg]00' N          70[deg]00' W
JUL 3.......................  42[deg]15' N          70[deg]00' W
JUL 4.......................  42[deg]15' N          70[deg]30' W
JUL 1.......................  43[deg]00' N          70[deg]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

[[Page 67373]]

coastlines of Massachusetts and New Hampshire:

                     Seasonal Interim Closure Area 9
                        [November 1-November 30]
------------------------------------------------------------------------
            Point                   Latitude              Longitude
------------------------------------------------------------------------
NOV 1.......................  43[deg]00' N          (\1\)
NOV 2.......................  43[deg]00' N          70[deg]00' W
NOV 3.......................  42[deg]15' N          70[deg]00' W
NOV 4.......................  42[deg]15' N          70[deg]30' W
NOV 5.......................  42[deg]00' N          70[deg]30' W
NOV 6.......................  42[deg]00' N          MA coast
------------------------------------------------------------------------
\1\ The intersection of 43[deg]00' N latitude and the New Hampshire
  coastline.
\2\ The intersection of 42[deg]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[deg]30' N          (\1\)
DEC 2.......................  42[deg]30' N          70[deg]00' W
DEC 3.......................  42[deg]00' N          70[deg]00' W
DEC 4.......................  42[deg]00' N          (\2\)
------------------------------------------------------------------------
\1\ The intersection of 42[deg]30' N latitude and the Massachusetts
  coastline.
\2\ The intersection of 42[deg]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 Sec.  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 Sec.  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 Sec.  648.2.


0
7. Section 648.82 is amended as follows:
0
a. Suspend from November 13, 2014 until April 30, 2015, paragraphs 
(b)(5) and (6); and
0
b. Temporarily add from November 13, 2014 until April 30, 2015, 
paragraphs (b)(7) and (8)
    The additions read as follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  648.90.
    (ii) [Reserved]
    (8) Handgear A category. A vessel qualified and electing to fish 
under the Handgear A category, as described in Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  
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.

[[Page 67374]]

    (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 Sec.  648.10(b)(4), to fish for GB cod south of the GOM 
Regulated Mesh Area, as defined at Sec.  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 Sec.  648.10(b)(4), to fish for GB cod south of the GOM 
Regulated Mesh Area, as defined at Sec.  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 
Sec.  648.80(a)(1), provided that their gear is not available for 
immediate use as defined in Sec.  648.2.
* * * * *

0
8. Section 648.85 is amended as follows:
0
a. Suspend from November 13, 2014 until April 30, 2015, paragraph 
(b)(6)(iv)(D); and
0
b. Temporarily add from November 13, 2014 until April 30, 2015, 
paragraph (b)(6)(iv)(K).
    The addition reads as follows:


Sec.  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 Sec.  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 Sec.  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.


0
9. Section 648.86 is amended as follows:
0
a. Suspend from November 13, 2014 until April 30, 2015, paragraphs 
(b)(1) through (4); and
0
b. Temporarily add from November 13, 2014 until April 30, 2015, 
paragraphs (b)(5) through (7).
    The additions read as follows:


Sec.  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 
Sec.  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 Sec.  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 Sec.  
648.10(k)(3)(i)(1).
    (ii) [Reserved]
    (6) GB cod landing and maximum possession limits. Unless otherwise 
restricted under Sec.  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 Sec.  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 Sec.  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 Sec.  648.2.
* * * * *


0
10. Section 648.87 is amended as follows:
0
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
0
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:


Sec.  648.87  Sector allocation.

* * * * *
    (b) * * *
    (1) * * *
    (v) * * *
    (C) Discards. Except for GOM cod, a sector vessel may not discard 
any legal-sized regulated species or ocean pout allocated to sectors 
pursuant to paragraph (b)(1)(i) of this section, unless otherwise 
required pursuant to

[[Page 67375]]

Sec.  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 Sec.  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 
Sec.  648.86(b)(5), the Atlantic halibut trip limit at Sec.  648.86(c), 
and the stocks listed in Sec.  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 
Sec.  648.86(b)(5) and paragraph (b)(1)(x) of this section.
    (F) The GB Seasonal Closed Area specified in Sec.  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 Sec.  648.90(a)(5)(i)(D). 
For the purposes of paragraph (c)(2)(i) of this section, the DAS 
reporting requirements specified at Sec.  648.82; the SAP-specific 
reporting requirements specified at Sec.  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 Sec.  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 Sec.  648.81(a) and (b), respectively, during the 
period February 16 through April 30; and the Western GOM Closure Area, 
as defined at Sec.  648.81(e), where it overlaps with any Sector 
Rolling Closure Areas, as defined at Sec.  648.81(o)(2)(vi). This list 
may be modified through a framework adjustment, as specified in Sec.  
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[deg]50.0'          69[deg]17.0'
2...........................  42[deg]44.0'          69[deg]14.0'
3...........................  42[deg]44.0'          69[deg]18.0'
4...........................  42[deg]50.0'          69[deg]21.0'
------------------------------------------------------------------------

    (B) [Reserved]
* * * * *


0
11. Section 648.88 is amended as follows:
0
a. Suspend from November 13, 2014 until April 30, 2015, paragraph 
(a)(1); and
0
b. Temporarily add from November 13, 2014 until April 30, 2015, 
paragraph (a)(3).
    The addition reads as follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  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).
* * * * *


0
12. Section 648.89 is amended as follows:
0
a. Suspend from November 13, 2014 until April 30, 2015, paragraphs 
(b)(3), (c)(1) and (2), and (e)(1) through (3); and
0
b. Temporarily add from November 13, 2014 until April 30, 2015, 
paragraphs (c)(8) and (e)(4) through (6).
    The additions as follows:


Sec.  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 Sec.  648.80(a)(1), unless otherwise restricted by 
the GOM Seasonal Interim Closure Areas specified under Sec.  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 Sec.  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 Sec.  648.81(d)(4) of this section. 
The conditions and restrictions

[[Page 67376]]

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 Sec.  648.81(n)(1) or the GOM Seasonal Interim Closure 
Areas at Sec.  648.81(o)(1)(i) through (x) during the time periods 
specified in that paragraph, unless the vessel complies with the 
requirements specified at Sec.  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 Sec.  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 Sec.  
648.82, during the period of participation.
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[FR Doc. 2014-26844 Filed 11-10-14; 8:45 am]
BILLING CODE 3510-22-P