50 CFR 648.64 - Yellowtail flounder sub-ACLs and AMs for the scallop fishery.

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§ 648.64 Yellowtail flounder sub-ACLs and AMs for the scallop fishery.
(a) As specified in § 648.55(d), and pursuant to the biennial framework adjustment process specified in § 648.90, the scallop fishery shall be allocated a sub-ACL for the Georges Bank and Southern New England/Mid-Atlantic stocks of yellowtail flounder. Unless otherwise specified in § 648.90(a)(4)(iii)(C) of the NE multispecies regulations, the sub-ACLs for the 2011 through 2013 fishing years are as follows:
(1) 2011. 82 mt for the Southern New England/Mid-Atlantic stock of yellowtail flounder and 200.8 mt for the Georges Bank stock of yellowtail flounder.
(2) 2012. 127 mt for the Southern New England/Mid-Atlantic stock of yellowtail flounder and 307.5 mt for the Georges Bank stock of yellowtail flounder.
(3) 2013. To be determined.
(b) Georges Bank accountability measure.
(1) Unless otherwise specified in § 648.90(a)(5)(iv) of the NE multispecies regulations, if the Georges Bank yellowtail flounder sub-ACL for the scallop fishery is exceeded, the area defined by the following coordinates shall be closed to scallop fishing by vessels issued a limited access scallop permit for the period of time specified in paragraph (b)(2) of this section:
Georges Bank Yellowtail Closure
Point N. lat. W. long.
GBYT AM 1 41°50′ 66°51.94′
GBYT AM 2 40°30.75′ 65°44.96′
GBYT AM 3 40°30′ 66°40′
GBYT AM 4 40°40′ 66°40′
GBYT AM 5 40°40′ 66°50′
GBYT AM 6 40°50′ 66°50′
GBYT AM 7 40°50′ 67°00′
GBYT AM 8 41°00′ 67°00′
GBYT AM 9 41°00′ 67°20′
GBYT AM 10 41°10′ 67°20′
GBYT AM 11 41°10′ 67°40′
GBYT AM 12 41°50′ 67°40′
GBYT AM 1 41°50′ 66°51.94′
(2) Duration of closure. The Georges Bank yellowtail flounder accountability measure closed area shall remain closed for the period of time, not to exceed 1 fishing year, as specified for the corresponding percent overage of the Georges Bank yellowtail flounder sub-ACL, as follows:
(i) For years when the Closed Area II Sea Scallop Access Area is open, the closure duration shall be:
Percent overage of YTF sub-ACL Length of closure
3 or less October through November.
3.1-14 September through November.
14.1-16 September through January.
16.1-39 August through January.
39.1-56 July through January.
Greater than 56 March through February.
(ii) For fishing years when the Closed Area II Sea Scallop Access Area is closed to scallop fishing, the closure duration shall be:
Percent overage of YTF sub-ACL Length of closure
1.9 or less September through November.
2.0-2.9 August through January.
3.0-3.9 March and August through February.
4.0-4.9 March and July through February.
5.0-5.9 March through May and July through February.
6.0 or greater March through February.
(c) Southern New England/Mid-Atlantic accountability measure.
(1) Unless otherwise specified in § 648.90(a)(5)(iv) of the NE multispecies regulations, if the Southern New England/Mid-Atlantic yellowtail flounder sub-ACL for the scallop fishery is exceeded, the area defined by the following coordinates shall be closed to scallop fishing by vessels issued a limited access scallop permit for the period of time specified in paragraph (c)(2) of this section:
Southern New England Yellowtail Closure
Point N. lat. W. long.
SNEYT AM 1 41°28.4′ 71°10.25′
SNEYT AM 2 41°28.57′ 71°10′
SNEYT AM 3 41°20′ 71°10′
SNEYT AM 4 41°20′ 70°50′
SNEYT AM 5 41°20′ 70°30′
SNEYT AM 6 41°18′ 70°15′
SNEYT AM 7 41°17.69′ 70°12.54′
SNEYT AM 8 41°14.73′ 70°00′
SNEYT AM 9 39°50′ 70°00′
SNEYT AM 10 39°50′ 71°00′
SNEYT AM 11 39°50′ 71°40′
SNEYT AM 12 40°00′ 71°40′
SNEYT AM 13 40°00′ 73°00′
SNEYT AM 14 40°41.23′ 73°00′
SNEYT AM 15 41°00′ 71°55′
SNEYT AM 16 41°00′ 71°40′
SNEYT AM 17 41°20′ 71°40′
SNEYT AM 18 41°21.15′ 71°40′
(2) Duration of closure. The Southern New England/Mid-Atlantic yellowtail flounder accountability measure closed area shall remain closed for the period of time, not to exceed 1 fishing year, as specified for the corresponding percent overage of the Southern New England/Mid-Atlantic yellowtail flounder sub-ACL, as follows:
Percent overage of YTF sub-ACL Length of closure
2 or less March through April.
2.1-3 March through April, and February.
3.1-7 March through May, and February.
7.1-9 March through May and January through February.
9.1-12 March through May and December through February.
12.1-15 March through June and December through February.
15.1-16 March through June and November through February.
16.1-18 March through July and November through February.
18.1-19 March through August and October through February.
19.1 or more March through February.
(d) Exemption for LAGC IFQ vessels. Vessels issued an LAGC IFQ permit and fishing under the LAGC IFQ scallop fishery shall be exempt from the closure(s) specified in paragraphs (b) and (c) of this section. Yellowtail bycatch by such vessels shall be counted against the applicable yellowtail flounder sub-ACL specified in paragraph (a) of this section.
(e) Process for implementing the AM. On or about January 15 of each year, based upon catch and other information available to NMFS, the Regional Administrator shall determine whether a yellowtail flounder sub-ACL was exceeded, or is projected to be exceeded, by scallop vessels prior to the end of the scallop fishing year ending on February 28/29. The determination shall include the amount of the overage or projected amount of the overage, specified as a percentage of the overall sub-ACL for the applicable yellowtail flounder stock, in accordance with the values specified in paragraph (a) of this section. Based on this initial projection in mid-January, the Regional Administrator shall implement the AM in accordance with the APA and notify owners of limited access scallop vessels by letter identifying the length of the closure and a summary of the yellowtail flounder catch, overage, and projection that resulted in the closure. The initial projected estimate shall be updated after the end of each scallop fishing year once complete fishing year information becomes available. An AM implemented at the start of the fishing year will be reevaluated and adjusted proportionately, if necessary, once updated information is obtained. For example, if in January 2013, the preliminary estimate of 2012 Southern New England/Mid-Atlantic yellowtail flounder catch is estimated to be 5 percent over the 2012 sub-ACL, the Regional Administrator shall implement AMs for the 2013 scallop fishing year in that stock area. Based on the schedule in paragraph (c)(2) of this section, limited access vessels would be prohibited from fishing in the area specified in paragraph (c)(1) of this section for 4 months (i.e., March through May 2013, and February 2014). Continuing the example, after the 2012 fishing year is completed, if the final estimate of Southern New England/Mid-Atlantic yellowtail flounder catch indicates the scallop fishery caught 1.5 percent of the sub-ACL, rather than 5 percent, the Regional Administrator, in accordance with the APA, would adjust the AM for the 2014 fishing year based on the overage schedule in paragraph (c)(2) of this section. As a result, limited access vessels would be subject to a 2-month seasonal closure in March and April 2013. In this example, due to the availability of final fishing year data, it is possible that the original AM closure was already in effect during the month of May. However, the unnecessary AM closure in February 2014 would be avoided. If the Regional Administrator determines that a final estimate is higher than the original projection, the Regional Administrator, if necessary, shall make adjustments to the current fishing year's respective AM closure schedules in accordance with the overage schedule in paragraphs (b)(2)(i), (b)(2)(ii), and (c)(2) of this section.
(f) [Reserved]
[76 FR 43770, July 21, 2011, as amended at 77 FR 20742, Apr. 6, 2012; 77 FR 26122, May 2, 2012]

Title 50 published on 2013-10-01

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  • 2014-09-04; vol. 79 # 171 - Thursday, September 4, 2014
    1. 79 FR 52578 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States
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      DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration
      Final rule.
      This rule is effective September 4, 2014.
      50 CFR Part 648

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United States Code

Title 50 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 50 CFR 648 after this date.

  • 2014-09-04; vol. 79 # 171 - Thursday, September 4, 2014
    1. 79 FR 52578 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration
      Final rule.
      This rule is effective September 4, 2014.
      50 CFR Part 648