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Electronic Code of Federal Regulations

e-CFR data is current as of April 2, 2020

Title 50Chapter VIPart 648 → Subpart P


Title 50: Wildlife and Fisheries
PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES


Subpart P—Mid-Atlantic Forage Species and Atlantic Chub Mackerel


Contents
§648.350   Mid-Atlantic forage species and Atlantic chub mackerel annual landing limits.
§648.351   Mid-Atlantic forage species and Atlantic chub mackerel possession limits.
§648.352   Mid-Atlantic forage species and Atlantic chub mackerel framework measures.

Source: 82 FR 40733, Aug. 28, 2017, unless otherwise noted.

§648.350   Mid-Atlantic forage species and Atlantic chub mackerel annual landing limits.

(a) Mid-Atlantic forage species. There is no annual landing limit for Mid-Atlantic forage species, as defined at §648.2.

(b) Atlantic chub mackerel. Effective through December 31, 2020, the annual landings limit for Atlantic chub mackerel is set at 2.86 million lb (1,297 mt). All landings of Atlantic chub mackerel by vessels issued a Federal commercial permit in accordance with §648.4 in ports from Maine through North Carolina shall count against the annual landings limit. NMFS shall close the directed fishery for Atlantic chub mackerel in the EEZ portion of the Mid-Atlantic Forage Species Management Unit in a manner consistent with the Administrative Procedure Act when the Regional Administrator determines that 100 percent of the Atlantic chub mackerel annual landings limit has been harvested. Following closure of the directed Atlantic chub mackerel fishery, a vessel must adhere to the possession limit specified in §648.351(b).

§648.351   Mid-Atlantic forage species and Atlantic chub mackerel possession limits.

(a) Mid-Atlantic forage species. Unless otherwise prohibited in §648.80, a vessel issued a valid commercial permit in accordance with §648.4 may fish for, possess, and land up to 1,700 lb (771.11 kg) of all Mid-Atlantic forage species combined per trip in or from the EEZ portion of the Mid-Atlantic Forage Species Management Unit, as defined in paragraph (c) of this section. A vessel not issued a permit in accordance with §648.4 that is fishing exclusively in state waters is exempt from the possession limits specified in this section.

(b) Atlantic chub mackerel. Effective through December 31, 2020, a vessel issued a valid commercial permit in accordance with §648.4 may fish for, possess, and land an unlimited amount of Atlantic chub mackerel from the Mid-Atlantic Forage Species Management Unit, as defined in paragraph (c) of this section, provided the Atlantic chub mackerel annual landing limit has not been harvested. Once the Atlantic chub mackerel annual landing limit has been harvested, as specified in §648.350, a vessel may fish for, possess, and land up to 40,000 lb (18.14 mt) of Atlantic chub mackerel per trip in or from the Mid-Atlantic Forage Species Management Unit for the remainder of the fishing year (until December 31). A vessel not issued a permit in accordance with §648.4 that is fishing exclusively in state waters is exempt from the possession limits specified in this section.

(c) Mid-Atlantic Forage Species Management Unit. The Mid-Atlantic Forage Species Management Unit is the area of the Atlantic Ocean that is bounded on the southeast by the outer limit of the U.S. EEZ; bounded on the south by 35°15.3 N. lat. (the approximate latitude of Cape Hatteras, NC); bounded on the west and north by the coastline of the United States; and bounded on the northeast by the following points, connected in the order listed by straight lines:

PointLatitudeLongitude
140°59.32 N.73°39.62 W.
240°59.02 N.73°39.41 W.
340°57.05 N.73°36.78 W.
440°57.87 N.73°32.85 W.
540°59.78 N.73°23.70 W.
641°1.57 N.73°15.00 W.
741°3.40 N.73°6.10 W.
841°4.65 N.73°0.00 W.
941°6.67 N.72°50.00 W.
1041°8.69 N.72°40.00 W.
1141°10.79 N.72°29.45 W.
1241°12.22 N.72°22.25 W.
1341°13.57 N.72°15.38 W.
1441°14.94 N.72°8.35 W.
1541°15.52 N.72°5.41 W.
1641°17.43 N.72°1.18 W.
1741°18.62 N.71°55.80 W.
1841°18.27 N.71°54.47 W.
1941°10.31 N.71°46.44 W.
2041°2.35 N.71°38.43 W.
2140°54.37 N.71°30.45 W.
2240°46.39 N.71°22.51 W.
2340°38.39 N.71°14.60 W.
2440°30.39 N.71°6.72 W.
2540°22.38 N.70°58.87 W.
2640°14.36 N.70°51.05 W.
2740°6.33 N.70°43.27 W.
2839°58.29 N.70°35.51 W.
2939°50.24 N.70°27.78 W.
3039°42.18 N.70°20.09 W.
3139°34.11 N.70°12.42 W.
3239°26.04 N.70°4.78 W.
3339°17.96 N.69°57.18 W.
3439°9.86 N.69°49.6 W.
3539°1.77 N.69°42.05 W.
3638°53.66 N.69°34.53 W.
3738°45.54 N.69°27.03 W.
3838°37.42 N.69°19.57 W.
3938°29.29 N.69°12.13 W.
4038°21.15 N.69°4.73 W.
4138°13.00 N.68°57.35 W.
4238°4.84 N.68°49.99 W.
43*38°2.21 N.68°47.62 W.

*Point 43 falls on the U.S. EEZ.

(d) Transiting. Any vessel issued a valid permit in accordance with §648.4 may transit the Mid-Atlantic Forage Species Management Unit, as defined in paragraph (c) of this section, with an amount of Mid-Atlantic forage species or Atlantic chub mackerel on board that exceeds the possession limits specified in paragraphs (a) and (b) of this section, respectively, to land in a port in a state that is outside of the Mid-Atlantic Forage Species Management Unit, provided that those species were harvested outside of the Mid-Atlantic Forage Species Management Unit and that all gear is stowed and not available for immediate use as defined in §648.2. The transitting provisions specified in this paragraph (d) for a vessel possessing Atlantic chub mackerel are effective through December 31, 2020.

§648.352   Mid-Atlantic forage species and Atlantic chub mackerel framework measures.

(a) General. The MAFMC may, at any time, initiate action to add or revise management measures if it finds that action is necessary to meet or be consistent with the goals and objectives of the Atlantic Mackerel, Squid, and Butterfish FMP; the Atlantic Surfclam and Ocean Quahog FMP; the Summer Flounder, Scup, and Black Sea Bass FMP; the Atlantic Bluefish FMP; the Spiny Dogfish FMP; and Tilefish FMPs.

(b) Adjustment process. The MAFMC shall develop and analyze appropriate management actions over the span of at least two MAFMC meetings. The MAFMC must provide the public with advance notice of the availability of the recommendation(s), appropriate justification(s) and economic and biological analyses, and the opportunity to comment on the proposed adjustment(s) at its first meeting, prior to its second meeting, and at its second meeting. The MAFMC's recommendations on adjustments or additions to management measures must come from one or more of the following categories: The list of Mid-Atlantic forage species, possession limits, annual landing limits, and any other measure currently included in the applicable FMPs specified in paragraph (a) of this section. Issues that require significant departures from previously contemplated measures or that are otherwise introducing new concepts may require an amendment of the FMPs instead of a framework adjustment.

(c) MAFMC recommendation. See §648.110(a)(2).

(d) NMFS action. See §648.110(a)(3).

(e) Emergency actions. See §648.110(a)(4).

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