50 CFR 648.81 - NE multispecies closed areas and measures to protect EFH.
Code of Federal Regulations - Title 50: Wildlife and Fisheries (2010)
Linked as:
Text
Title 50: Wildlife and Fisheries
CHAPTER VI: FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
PART 648: FISHERIES OF THE NORTHEASTERN UNITED STATES
Subpart F: Management Measures for the NE Multispecies and Monkfish Fisheries
648.81 - NE multispecies closed areas and measures to protect EFH.
(a) Closed Area I. (1) No fishing vessel or person on a fishing vessel may enter, fish, or be in the area known as Closed Area I (copies of a chart depicting this area are available from the Regional Administrator upon request), as defined by straight lines connecting the following points in the order stated, except as specified in paragraphs (a)(2) and (i) of this section:
| Point | N. lat. | W. long. |
| CI1 | 41?30? | 69?23? |
| CI2 | 40?45? | 68?45? |
| CI3 | 40?45? | 68?30? |
| CI4 | 41?30? | 68?30? |
| CI1 | 41?30? | 69?23? |
(2) Unless otherwise restricted under the EFH Closure(s) specified in paragraph (h) of this section, paragraph (a)(1) of this section does not apply to persons on fishing vessels or fishing vessels:
(i) Fishing with or using pot gear designed and used to take lobsters, or pot gear designed and used to take hagfish, provided that there is no retention of regulated species and no other gear on board capable of catching NE multispecies;
(ii) Fishing with or using pelagic longline gear or pelagic hook-and-line gear, or harpoon gear, provided that there is no retention of regulated species, and provided that there is no other gear on board capable of catching NE multispecies;
(iii) Fishing with pelagic midwater trawl gear, consistent with ? 648.80(d), provided that the Regional Administrator shall review information pertaining to the bycatch of regulated NE multispecies and, if the Regional Administrator determines, on the basis of sea sampling data or other credible information for this fishery, that the bycatch of regulated multispecies exceeds, or is likely to exceed, 1 percent of herring and mackerel harvested, by weight, in the fishery or by any individual fishing operation, the Regional Administrator may place restrictions and conditions in the letter of authorization for any or all individual fishing operations or, after consulting with the Council, suspend or prohibit any or all midwater trawl activities in the closed areas;
(iv) Fishing with tuna purse seine gear, provided that there is no retention of NE multispecies, and provided there is no other gear on board gear capable of catching NE multispecies. If the Regional Administrator determines through credible information, that tuna purse seine vessels are adversely affecting habitat or NE multispecies stocks, the Regional Administrator may, through notice action, consistent with the Administrative Procedure Act, prohibit individual purse seine vessels or all purse seine vessels from the area; or
(v) Fishing in a SAP, in accordance with the provisions of ? 648.85(b).
(vi) Fishing for scallops within the Closed Area I Access Area defined in ? 648.59(b)(3) during the season specified in ? 648.59(b)(4), and pursuant to the provisions specified in ? 648.60.
(b) Closed Area II. (1) No fishing vessel or person on a fishing vessel may enter, fish, or be in the area known as Closed Area II (copies of a chart depicting this area are available from the Regional Administrator upon request), as defined by straight lines connecting the following points in the order stated, except as specified in paragraph (b)(2) of this section:
| Point | N. lat. | W. long. |
| C1I1 | 41?00? | 67?20? |
| C1I2 | 41?00? | 66?35.8? |
| G5 | 41?18.6? | 66?24.8? 1 |
| C1I3 | 42?22? | 67?20? 1 |
| C1I1 | 41?00? | 67?20? 1 |
(2) Unless otherwise restricted under the EFH Closure(s) specified in paragraph (h) of this section, paragraph (b)(1) of this section does not apply to persons on fishing vessels or fishing vessels?
(i) Fishing with gears as described in paragraphs (a)(2)(i) through (iii), and (a)(2)(v) of this section;
(ii) Fishing with tuna purse seine gear outside of the portion of CA II known as the Habitat Area of Particular Concern, as described in paragraph (h)(1)(v) of this section;
(iii) Fishing in the CA II Yellowtail Flounder/Haddock SAP or the Eastern U.S./Canada Haddock SAP Program as specified in ? 648.85(b)(3)(ii) or (b)(8)(ii), respectively; or
(iv) Transiting the area, provided the vessel's fishing gear is stowed in accordance with the provisions of ? 648.23(b); and
(A) The operator has determined, and a preponderance of available evidence indicates, that there is a compelling safety reason; or
(B) The vessel has declared into the Eastern U.S./Canada Area as specified in ? 648.85(a)(3)(ii) and is transiting CA II in accordance with the provisions of ? 648.85(a)(3)(vii).
(v) Fishing for scallops within the Closed Area II Access Area defined in ? 648.59(c)(3), during the season specified in ? 648.59(c)(4), and pursuant to the provisions specified in ? 648.60.
(c) Nantucket Lightship Closed Area. (1) No fishing vessel or person on a fishing vessel may enter, fish, or be in the area known as the Nantucket Lightship Closed Area (copies of a chart depicting this area are available from the Regional Administrator upon request), as defined by straight lines connecting the following points in the order stated, except as specified in paragraphs (c)(2) and (i) of this section:
| Point | N. lat. | W. long. |
| G10 | 40?50? | 69?00? |
| CN1 | 40?20? | 69?00? |
| CN2 | 40?20? | 70?20? |
| CN3 | 40?5O? | 70?20? |
| G10 | 40?50? | 69?00? |
(2) Unless otherwise restricted under the EFH Closure(s) specified in paragraph (h) of this section, paragraph (c)(1) of this section does not apply to persons on fishing vessels or fishing vessels:
(i) Fishing with gears as described in paragraph (a)(2) of this section; or
(ii) Classified as charter, party or recreational vessel, provided that:
(A) If the vessel is a party or charter vessel, it has a letter of authorization issued by the Regional Administrator on board, which is valid from the date of issuance through a minimum duration of 7 days;
(B) With the exception of tuna, fish harvested or possessed by the vessel are not sold or intended for trade, barter or sale, regardless of where the regulated species are caught; and
(C) The vessel has no gear other than rod and reel or handline gear on board.
(D) The vessel does not fish outside the Nantucket Lightship Closed Area during the period specified by the letter of authorization; or
(iii) Fishing with or using dredge gear designed and used to take surfclams or ocean quahogs, provided that there is no retention of regulated species and no other gear on board capable of catching NE multispecies.
(iv) Fishing for scallops within the Nantucket Lightship Access Area defined in ? 648.59(d)(3), during the season specified in ? 648.59(d)(4), and pursuant to the provisions specified in ? 648.60.
(d) Cashes Ledge Closure Area. (1) 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)(2) and (i) of this section (a chart depicting this area is available from the Regional Administrator upon request):
| Point | N. lat. | W. long. |
| CL1 | 43?07? | 69?02? |
| CL2 | 42?49.5? | 68?46? |
| CL3 | 42?46.5? | 68?50.5? |
| CL4 | 42?43.5? | 68?58.5? |
| CL5 | 42?42.5? | 69?17.5? |
| CL6 | 42?49.5? | 69?26? |
| CL1 | 43?07? | 69?02? |
(2) Unless otherwise restricted under the EFH Closure(s) specified in paragraph (h) of this section, paragraph (d)(1) of this section does not apply to persons on fishing vessels or fishing vessels that meet the criteria in paragraphs (f)(2)(ii) and (iii) of this section.
(e) Western GOM Closure Area. (1) 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 (e)(2) and (i) of this section:
| Point | N. lat. | W. long. |
| WGM1 | 42?15? | 70?15? |
| WGM2 | 42?15? | 69?55? |
| WGM3 | 43?15? | 69?55? |
| WGM4 | 43?15? | 70?15? |
| WGM1 | 42?15? | 70?15? |
(2) Unless otherwise restricted under paragraph (h) of this section, paragraph (e)(1) of this section does not apply to persons on fishing vessels or fishing vessels that meet the criteria in paragraphs (f)(2)(ii) and (iii) of this section consistent with the requirements specified under ? 648.80(a)(5).
(f) GOM Rolling Closure Areas. (1) 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 GOM Rolling Closure Areas I through V, as described in paragraphs (f)(1)(i) through (v) of this section, for the times specified in paragraphs (f)(1)(i) through (v) of this section, except as specified in paragraphs (f)(2) and (i) of this section. A chart depicting these areas is available from the Regional Administrator upon request.
(i) Rolling Closure Area I. From March 1 through March 31, the restrictions specified in this paragraph (f)(1) apply to Rolling Closure Area I, which is the area bounded by straight lines connecting the following points in the order stated:
| Point | N. lat. | W. long. |
| GM3 | 42?00? | (1) |
| GM5 | 42?00? | 68?30? |
| GM6 | 42?30? | 68?30? |
| GM23 | 42?30? | 70?00? |
(ii) Rolling Closure Area II. From April 1 through April 30, the restrictions specified in this paragraph (f)(1)(ii) apply to Rolling Closure Area II, which is the area bounded by straight lines connecting the following points in the order stated:
| Point | N. Lat. | W. Long. |
| GM1 | 42?00? | (1) |
| GM2 | 42?00? | (2) |
| GM3 | 42?00? | (3) |
| GM5 | 42?00? | 68?30? |
| GM13 | 43?00? | 68?30? |
| GM10 | 43?00? | (4) |
(iii) Rolling Closure Area III. From May 1 through May 31, the restrictions specified in paragraph (f)(1) of this section apply to Rolling Closure Area III, which is the area bounded by straight lines connecting the following points in the order stated:
| Point | N. Lat. | W. Long. |
| GM1 | 42?00? | (1) |
| GM2 | 42?00? | (2) |
| GM3 | 42?00? | (3) |
| GM4 | 42?00? | 70?00? |
| GM23 | 42?30? | 70?00? |
| GM6 | 42?30? | 68?30? |
| GM14 | 43?30? | 68?30? |
| GM18 | 43?30? | (4) |
(iv) Rolling Closure Area IV. From June 1 through June 30, the restrictions specified in this paragraph (f)(1) apply to Rolling Closure Area IV, which is the area bounded by straight lines connecting the following points in the order stated:
| Point | N. lat. | W. long. |
| GM9 | 42?30? | (1) |
| GM23 | 42?30? | 70?00? |
| GM17 | 43?30? | 70?00? |
| GM19 | 43?30? | 67?32? or (2) |
| GM20 | 44?00? | 67?21? or (2) |
| GM21 | 44?00? | 69?00? |
| GM22 | (3) | 69?00? |
(v) Rolling Closure Area V. From October 1 through November 30, the restrictions specified in this paragraph (f)(1) apply to Rolling Closure Area V, which is the area bounded by straight lines connecting the following points in the order stated:
| Point | N. lat. | W. long. |
| GM1 | 42?00? | (1) |
| GM2 | 42?00? | (2) |
| GM3 | 42?00? | (3) |
| GM4 | 42?00? | 70?00? |
| GM8 | 42?30? | 70?00? |
| GM9 | 42?30? | (1) |
(2) Paragraph (f)(1) of this section does not apply to persons aboard fishing vessels or fishing vessels:
(i) That have not been issued a 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 under charter/party or recreational regulations, provided that:
(A) For vessels fishing under charter/party regulations in a Rolling Closure Area described under paragraph (f)(1) of this section, it has on board a letter of authorization issued by the Regional Administrator, which is valid from the date of enrollment through the duration of the closure or 3 months duration, whichever is greater; 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, which is valid from the date of enrollment until the end of the fishing year;
(B) With the exception of tuna, fish harvested or possessed by the vessel are not sold or intended for trade, barter or sale, regardless of where the regulated species are caught;
(C) The vessel has no gear other than rod and reel or handline on board; and
(D) The vessel does not use any NE multispecies DAS during the entire period for which the letter of authorization is valid;
(iv) That are fishing with or using scallop dredge gear when fishing under a scallop DAS or when lawfully fishing in the Scallop Dredge Fishery Exemption Area as described in ? 648.80(a)(11), provided the vessel does not retain any regulated NE multispecies during a trip, or on any part of a trip; or
(v) That are fishing in the Raised Footrope Trawl Exempted Whiting Fishery, as specified in ? 648.80(a)(15), and in the GOM Rolling Closure Area V, as specified in paragraph (f)(1)(v) of this section.
(vi) That are fishing on a sector trip, provided such vessels comply with the following restricted areas referred to as the Sector Rolling Closure Areas:
(A) Sector Rolling Closure Area II. From April 1 through April 30, the restrictions specified in this paragraph (f)(2)(vi) apply to Sector Rolling Closure Area II, which is the area bounded by straight lines connecting the following points in the order stated:
| Point | N. latitude | W. longitude |
| GM1 | 42?00? | (1) |
| GM2 | 42?00? | (2) |
| GM3 | 42?00? | (3) |
| SGM1 | 42?00? | 70?00? |
| SGM2 | 43?00? | 70?00? |
| SGM3 | 43?00? | (4) |
(B) Sector Rolling Closure Area III. From May 1 through May 31, the restrictions specified in this paragraph (f)(2)(vi) apply to Sector Rolling Closure Area III, which is the area bounded by straight lines connecting the following points in the order stated:
| Point | N. latitude | W. longitude |
| SGM4 | 42?30? | (1) |
| SGM5 | 42?30? | 70?00? |
| SGM6 | 43?00? | 70?00? |
| SGM7 | 43?00? | 69?30? |
| SGM8 | 43?30? | 69?30? |
| GM18 | 43?30? | (2) |
(C) Sector Rolling Closure Area IV. From June 1 through June 30, the restrictions specified in this paragraph (f)(2)(vi) apply to Sector Rolling Closure Area IV, which is the area bounded by straight lines connecting the following points in the order stated:
| Point | N. latitude | W. longitude |
| SGM9 | 43?00? | (1) |
| SGM6 | 43?00? | 70?00? |
| SGM10 | 43?30? | 70?00? |
| SGM11 | 43?30? | 69?00? |
| GM22 | (2) | 69?00? |
(g) GB Seasonal Closure Area. (1) From May 1 through May 31, 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 the area known as the GB Seasonal Closure Area, as defined by straight lines connecting the following points in the order stated, except as specified in paragraphs (g)(2) and (i) of this section:
| Point | N. lat. | W. long. |
| GB1 | 42?00? | (1) |
| GB2 | 42?00? | 68?30? |
| GB3 | 42?20? | 68?30? |
| GB4 | 42?20? | 67?20? |
| GB5 | 41?30? | 67?20? |
| CI1 | 41?30? | 69?23? |
| CI2 | 40?45? | 68?45? |
| CI3 | 40?45? | 68?30? |
| GB6 | 40?30? | 68?30? |
| GB7 | 40?30? | 69?00? |
| G10 | 40?50? | 69?00? |
| GB8 | 40?50? | 69?30? |
| GB9 | 41?00? | 69?30? |
| GB10 | 41?00? | 70?00? |
| G12 | (1) | 70? 00? |
(2) Paragraph (g)(1) of this section does not apply to persons on fishing vessels or to fishing vessels:
(i) That meet the criteria in paragraphs (f)(2)(i) or (ii) of this section;
(ii) That are fishing as charter/party or recreational vessels;
(iii) That are fishing with or using scallop dredge gear when fishing under a scallop DAS, and provided that the vessel complies with the NE multispecies possession restrictions for scallop vessels specified at ? 648.80(h); or when lawfully fishing in the Scallop Dredge Fishery Exemption Areas, as described in paragraphs (a)(11) and (18) of this section.
(iv) That are fishing in the CA I Hook Gear Haddock Access Area pursuant to ? 648.85(b)(7).
(v) That are fishing under the restrictions and conditions of an approved sector operations plan, as specified in ? 648.87(c).
(h) Essential Fish Habitat Closure Areas. (1) In addition to the restrictions under paragraphs (a) through (e) of this section, no fishing vessel or person on a fishing vessel with bottom tending mobile gear on board the vessel may enter, fish in, or be in the EFH Closure Areas described in paragraphs (h)(1)(i) through (vi) of this section, unless otherwise specified. A chart depicting these areas is available from the Regional Administrator upon request.
(i) Western GOM Habitat Closure Area. The restrictions specified in paragraph (h)(1) of this section apply to the Western GOM Habitat Closure Area, which is the area bound by straight lines connecting the following points in the order stated:
| Point | N. lat. | W. long. |
| WGM4 | 43?15? | 70?15? |
| WGM1 | 42?15? | 70?15? |
| WGM5 | 42?15? | 70?00? |
| WGM6 | 43?15? | 70?00? |
| WGM4 | 43?15? | 70?15? |
(ii) Cashes Ledge Habitat Closure Area. The restrictions specified in paragraph (h)(1) of this section apply to the Cashes Ledge Habitat Closure Area, which is the area defined by straight lines connecting the following points in the order stated:
| Point | N. lat. | W. long. |
| CLH1 | 43?01? | 69?03? |
| CLH2 | 43?01? | 68?52? |
| CLH3 | 42?45? | 68?52? |
| CLH4 | 42?45? | 69?03? |
| CLH1 | 43?01? | 69?03? |
(iii) Jeffrey's Bank Habitat Closure Area. The restrictions specified in paragraph (h)(1) of this section apply to the Jeffrey's Bank Habitat Closure Area, which is the area bound by straight lines connecting the following points in the order stated:
| Point | N. lat. | W. long. |
| JB1 | 43?40? | 68?50? |
| JB2 | 43?40? | 68?40? |
| JB3 | 43?20? | 68?40? |
| JB4 | 43?20? | 68?50? |
| JB1 | 43?40? | 68?50? |
(iv) Closed Area I Habitat Closure Areas. The restrictions specified in paragraph (h)(1) of this section apply to the Closed Area I Habitat Closure Areas, Closed Area I-North and Closed Area I-South, which are the areas bound by straight lines connecting the following points in the order stated:
| Point | N. lat. | W. long. |
| CI1 | 41?30? | 69?23? |
| CI4 | 41?30? | 68?30? |
| CIH1 | 41?26? | 68?30? |
| CIH2 | 41?04? | 69?01? |
| CI1 | 41?30? | 69?23? |
| Point | N. lat. | W. long. |
| CIH3 | 40?55? | 68?53? |
| CIH4 | 40?58? | 68?30? |
| CI3 | 40?45? | 68?30? |
| CI2 | 40?45? | 68?45? |
| CIH3 | 40?55? | 68?53? |
(v) Closed Area II Habitat Closure Area. The restrictions specified in this paragraph (h)(1) apply to the Closed Area II Habitat Closure Area (also referred to as the Habitat Area of Particular Concern), which is the area bound by straight lines connecting the following points in the order stated:
| Point | N. Lat. | W. Long. |
| CIIH1 | 42?10? | 67?20? |
| CIIH2 | 42?10? | 67?9.3? |
| CIIH3 | 42?00? | 67?0.5? |
| CIIH4 | 42?00? | 67?10? |
| CIIH5 | 41?50? | 67?10? |
| CIIH6 | 41?50? | 67?20? |
| CIIH1 | 42?10? | 67?20? |
(vi) Nantucket Lightship Habitat Closure Area. The restrictions specified in paragraph (h)(1) of this section apply to the Nantucket Lightship Habitat Closure Area, which is the area bound by straight lines connecting the following points in the order stated:
| Point | N. lat. | W. long. |
| NLH1 | 41?10? | 70?00? |
| NLH2 | 41?10? | 69?50? |
| NLH3 | 40?50? | 69?30? |
| NLH4 | 40?20? | 69?30? |
| NLH5 | 40?20? | 70?00? |
| NLH1 | 41?10? | 70?00? |
(2) [Reserved]
(i) Transiting. A vessel may transit CA I, the Nantucket Lightship Closed Area, the Cashes Ledge Closed Area, the Western GOM Closure Area, the GOM Rolling Closure Areas, the GB Seasonal Closure Area, and the EFH Closure Areas, as defined in paragraphs (a)(1), (c)(1), (d)(1), (e)(1), (f)(1), (g)(1), and (h)(1), respectively, of this section, unless otherwise restricted, provided that its gear is stowed in accordance with the provisions of ? 648.23(b). A vessel may transit CA II, as defined in paragraph (b)(2) of this section, in accordance with paragraph (b)(2)(iv) of this section.
(j) Restricted Gear Area I. (1) Restricted Gear Area I is defined by straight lines connecting the following points in the order stated:
| Point | N. latitude | W. longitude |
Inshore Boundary | ||
| to 120 | ||
| 69 | 40?07.9? | 68?36.0? |
| 70 | 40?07.2? | 68?38.4? |
| 71 | 40?06.9? | 68?46.5? |
| 72 | 40?08.7? | 68?49.6? |
| 73 | 40?08.1? | 68?51.0? |
| 74 | 40?05.7? | 68?52.4? |
| 75 | 40?03.6? | 68?57.2? |
| 76 | 40?03.65? | 69?00.0? |
| 77 | 40?04.35? | 69?00.5? |
| 78 | 40?05.2? | 69?00.5? |
| 79 | 40?05.3? | 69?01.1? |
| 80 | 40?08.9? | 69?01.75? |
| 81 | 40?11.0? | 69?03.8? |
| 82 | 40?11.6? | 69?05.4? |
| 83 | 40?10.25? | 69?04.4? |
| 84 | 40?09.75? | 69?04.15? |
| 85 | 40?08.45? | 69?03.6? |
| 86 | 40?05.65? | 69?03.55? |
| 87 | 40?04.1? | 69?03.9? |
| 88 | 40?02.65? | 69?05.6? |
| 89 | 40?02.00? | 69?08.35? |
| 90 | 40?02.65? | 69?11.15? |
| 91 | 40?00.05? | 69?14.6? |
| 92 | 39?57.8? | 69?20.35? |
| 93 | 39?56.65? | 69?24.4? |
| 94 | 39?56.1? | 69?26.35? |
| 95 | 39?56.55? | 69?34.1? |
| 96 | 39?57.85? | 69?35.5? |
| 97 | 40?00.65? | 69?36.5? |
| 98 | 40?00.9? | 69?37.3? |
| 99 | 39?59.15? | 69?37.3? |
| 100 | 39?58.8? | 69?38.45? |
| 102 | 39?56.2? | 69?40.2? |
| 103 | 39?55.75? | 69?41.4? |
| 104 | 39?56.7? | 69?53.6? |
| 105 | 39?57.55? | 69?54.05? |
| 106 | 39?57.4? | 69?55.9? |
| 107 | 39?56.9? | 69?57.45? |
| 108 | 39?58.25? | 70?03.0? |
| 110 | 39?59.2? | 70?04.9? |
| 111 | 40?00.7? | 70?08.7? |
| 112 | 40?03.75? | 70?10.15? |
| 115 | 40?05.2? | 70?10.9? |
| 116 | 40?02.45? | 70?14.1? |
| 119 | 40?02.75? | 70?16.1? |
| to 181 | ||
Offshore Boundary | ||
| to 69 | ||
| 120 | 40?06.4? | 68?35.8? |
| 121 | 40?05.25? | 68?39.3? |
| 122 | 40?05.4? | 68?44.5? |
| 123 | 40?06.0? | 68?46.5? |
| 124 | 40?07.4? | 68?49.6? |
| 125 | 40?05.55? | 68?49.8? |
| 126 | 40?03.9? | 68?51.7? |
| 127 | 40?02.25? | 68?55.4? |
| 128 | 40?02.6? | 69?00.0? |
| 129 | 40?02.75? | 69?00.75? |
| 130 | 40?04.2? | 69?01.75? |
| 131 | 40?06.15? | 69?01.95? |
| 132 | 40?07.25? | 69?02.0? |
| 133 | 40?08.5? | 69?02.25? |
| 134 | 40?09.2? | 69?02.95? |
| 135 | 40?09.75? | 69?03.3? |
| 136 | 40?09.55? | 69?03.85? |
| 137 | 40?08.4? | 69?03.4? |
| 138 | 40?07.2? | 69?03.3? |
| 139 | 40?06.0? | 69?03.1? |
| 140 | 40?05.4? | 69?03.05? |
| 141 | 40?04.8? | 69?03.05? |
| 142 | 40?03.55? | 69?03.55? |
| 143 | 40?01.9? | 69?03.95? |
| 144 | 40?01.0? | 69?04.4? |
| 146 | 39?59.9? | 69?06.25? |
| 147 | 40?00.6? | 69?10.05? |
| 148 | 39?59.25? | 69?11.15? |
| 149 | 39?57.45? | 69?16.05? |
| 150 | 39?56.1? | 69?20.1? |
| 151 | 39?54.6? | 69?25.65? |
| 152 | 39?54.65? | 69?26.9? |
| 153 | 39?54.8? | 69?30.95? |
| 154 | 39?54.35? | 69?33.4? |
| 155 | 39?55.0? | 69?34.9? |
| 156 | 39?56.55? | 69?36.0? |
| 157 | 39?57.95? | 69?36.45? |
| 158 | 39?58.75? | 69?36.3? |
| 159 | 39?58.8? | 69?36.95? |
| 160 | 39?57.95? | 69?38.1? |
| 161 | 39?54.5? | 69?38.25? |
| 162 | 39?53.6? | 69?46.5? |
| 163 | 39?54.7? | 69?50.0? |
| 164 | 39?55.25? | 69?51.4? |
| 165 | 39?55.2? | 69?53.1? |
| 166 | 39?54.85? | 69?53.9? |
| 167 | 39?55.7? | 69?54.9? |
| 168 | 39?56.15? | 69?55.35? |
| 169 | 39?56.05? | 69?56.25? |
| 170 | 39?55.3? | 69?57.1? |
| 171 | 39?54.8? | 69?58.6? |
| 172 | 39?56.05? | 70?00.65? |
| 173 | 39?55.3? | 70?02.95? |
| 174 | 39?56.9? | 70?11.3? |
| 175 | 39?58.9? | 70?11.5? |
| 176 | 39?59.6? | 70?11.1? |
| 177 | 40?01.35? | 70?11.2? |
| 178 | 40?02.6? | 70?12.0? |
| 179 | 40?00.4? | 70?12.3? |
| 180 | 39?59.75? | 70?13.05? |
| 181 | 39?59.3? | 70?14.0? |
| to 119 |
(2) Restricted Period?(i) Mobile gear. From October 1 through June 15, no fishing vessel with mobile gear or person on a fishing vessel with mobile gear may fish or be in Restricted Gear Area I, unless transiting. Vessels may transit this area provided that mobile gear is on board the vessel while inside the area, provided that its gear is stowed in accordance with the provisions of ? 648.23(b).
(ii) Lobster pot gear. From June 16 through September 30, no fishing vessel with lobster pot gear aboard, or person on a fishing vessel with lobster pot gear aboard may fish in, and no lobster pot gear may be deployed or remain in, Restricted Gear Area I.
(k) Restricted Gear Area II. (1) Restricted Gear Area II is defined by straight lines connecting the following points in the order stated:
| Point | Latitude | Longitude |
Inshore Boundary | ||
| to 1 | ||
| 49 | 40?02.75? N. | 70?16.1? W. |
| 50 | 40?00.7? N. | 70?18.6? W. |
| 51 | 39?59.8? N. | 70?21.75? W. |
| 52 | 39?59.75? N. | 70?25.5? W. |
| 53 | 40?03.85? N. | 70?28.75? W. |
| 54 | 40?00.55? N. | 70?32.1? W. |
| 55 | 39?59.15? N. | 70?34.45? W. |
| 56 | 39?58.9? N. | 70?38.65? W. |
| 57 | 40?00.1? N. | 70?45.1? W. |
| 58 | 40?00.5? N. | 70?57.6? W. |
| 59 | 40?02.0? N. | 71?01.3? W. |
| 60 | 39?59.3? N. | 71?18.4? W. |
| 61 | 40?00.7? N. | 71?19.8? W. |
| 62 | 39?57.5? N. | 71?20.6? W. |
| 63 | 39?53.1? N. | 71?36.1? W. |
| 64 | 39?52.6? N. | 71?40.35? W. |
| 65 | 39?53.1? N. | 71?42.7? W. |
| 66 | 39?46.95? N. | 71?49.0? W. |
| 67 | 39?41.15? N. | 71?57.1? W. |
| 68 | 39?35.45? N. | 72?02.0? W. |
| 69 | 39?32.65? N. | 72?06.1? W. |
| 70 | 39?29.75? N. | 72?09.8? W. |
| to 48 | ||
Offshore Boundary | ||
| to 49 | ||
| 1 | 39?59.3? N. | 70?14.0? W. |
| 2 | 39?58.85? N. | 70?15.2? W. |
| 3 | 39?59.3? N. | 70?18.4? W. |
| 4 | 39?58.1? N. | 70?19.4? W. |
| 5 | 39?57.0? N. | 70?19.85? W. |
| 6 | 39?57.55? N. | 70?21.25? W. |
| 7 | 39?57.5? N. | 70?22.8? W. |
| 8 | 39?57.1? N. | 70?25.4? W. |
| 9 | 39?57.65? N. | 70?27.05? W. |
| 10 | 39?58.58? N. | 70?27.7? W. |
| 11 | 40?00.65? N. | 70?28.8? W. |
| 12 | 40?02.2? N. | 70?29.15? W. |
| 13 | 40?01.0? N. | 70?30.2? W. |
| 14 | 39?58.58? N. | 70?31.85? W. |
| 15 | 39?57.05? N. | 70?34.35? W. |
| 16 | 39?56.42? N. | 70?36.8? W. |
| 21 | 39?58.15? N. | 70?48.0? W. |
| 24 | 39?58.3? N. | 70?51.1? W. |
| 25 | 39?58.1? N. | 70?52.25? W. |
| 26 | 39?58.05? N. | 70?53.55? W. |
| 27 | 39?58.4? N. | 70?59.6? W. |
| 28 | 39?59.8? N. | 71?01.05? W. |
| 29 | 39?58.2? N. | 71?05.85? W. |
| 30 | 39?57.45? N. | 71?12.15? W. |
| 31 | 39?57.2? N. | 71?15.0? W. |
| 32 | 39?56.3? N. | 71?18.95? W. |
| 33 | 39?51.4? N. | 71?36.1? W. |
| 34 | 39?51.75? N. | 71?41.5? W. |
| 35 | 39?50.05? N. | 71?42.5? W. |
| 36 | 39?50.0? N. | 71?45.0? W. |
| 37 | 39?48.95? N. | 71?46.05? W. |
| 38 | 39?46.6? N. | 71?46.1? W. |
| 39 | 39?43.5? N. | 71?49.4? W. |
| 40 | 39?41.3? N. | 71?55.0? W. |
| 41 | 39?39.0? N. | 71?55.6? W. |
| 42 | 39?36.72? N. | 71?58.25? W. |
| 43 | 39?35.15? N. | 71?58.55? W. |
| 44 | 39?34.5? N. | 72?00.75? W. |
| 45 | 39?32.2? N. | 72?02.25? W. |
| 46 | 39?32.15? N. | 72?04.1? W. |
| 47 | 39?28.5? N. | 72?06.5? W. |
| 48 | 39?29.0? N. | 72?09.25? W. |
| to 70 |
(2) Restricted period?(i) Mobile gear. From November 27 through June 15, no fishing vessel with mobile gear aboard, or person on a fishing vessel with mobile gear aboard, may fish or be in Restricted Gear Area II, unless transiting. Vessels may transit this area, provided that all mobile gear is on board the vessel while inside the area, and stowed in accordance with the provisions of ? 648.23(b).
(ii) Lobster pot gear. From June 16 through November 26, no fishing vessel with lobster pot gear aboard, or person on a fishing vessel with lobster pot gear aboard, may fish in, and no lobster pot gear may be deployed or remain in, Restricted Gear Area II.
(l) Restricted Gear Area III. (1) Restricted Gear Area III is defined by straight lines connecting the following points in the order stated:
| Point | Latitude | Longitude |
Inshore Boundary | ||
| to 49 | ||
| 182 | 40?05.6? N. | 70?17.7? W. |
| 183 | 40?06.5? N. | 70?40.05? W. |
| 184 | 40?11.05? N. | 70?45.8? W. |
| 185 | 40?12.75? N. | 70?55.05? W. |
| 186 | 40?10.7? N. | 71?10.25? W. |
| 187 | 39?57.9? N. | 71?28.7? W. |
| 188 | 39?55.6? N. | 71?41.2? W. |
| 189 | 39?55.85? N. | 71?45.0? W. |
| 190 | 39?53.75? N. | 71?52.25? W. |
| 191 | 39?47.2? N. | 72?01.6? W. |
| 192 | 39?33.65? N. | 72?15.0? W. |
| to 70 | ||
Offshore Boundary | ||
| to 182 | ||
| 49 | 40?02.75? N. | 70?16.1? W. |
| 50 | 40?00.7? N. | 70?18.6? W. |
| 51 | 39?59.8? N. | 70?21.75? W. |
| 52 | 39?59.75? N. | 70?25.5? W. |
| 53 | 40?03.85? N. | 70?28.75? W. |
| 54 | 40?00.55? N. | 70?32.1? W. |
| 55 | 39?59.15? N. | 70?34.45? W. |
| 56 | 39?58.9? N. | 70?38.65? W. |
| 57 | 40?00.1? N. | 70?45.1? W. |
| 58 | 40?00.5? N. | 70?57.6? W. |
| 59 | 40?02.0? N. | 71?01.3? W. |
| 60 | 39?59.3? N. | 71?18.4? W. |
| 61 | 40?00.7? N. | 71?19.8? W. |
| 62 | 39?57.5? N. | 71?20.6? W. |
| 63 | 39?53.1? N. | 71?36.1? W. |
| 64 | 39?52.6? N. | 71?40.35? W. |
| 65 | 39?53.1? N. | 71?42.7? W. |
| 66 | 39?46.95? N. | 71?49.0? W. |
| 67 | 39?41.15? N. | 71?57.1? W. |
| 68 | 39?35.45? N. | 72?02.0? W. |
| 69 | 39?32.65? N. | 72?06.1? W. |
| 70 | 39?29.75? N. | 72?09.8? W. |
| to 192 |
(2) Restricted period?(i) Mobile gear. From June 16 through November 26, no fishing vessel with mobile gear aboard, or person on a fishing vessel with mobile gear aboard, may fish or be in Restricted Gear Area III, unless transiting. Vessels may transit this area provided that all mobile gear is on board the vessel while inside the area, and is stowed in accordance with the provisions of ? 648.23(b).
(ii) Lobster pot gear. From January 1 through April 30, no fishing vessel with lobster pot gear aboard, or person on a fishing vessel with lobster pot gear aboard, may fish in, and no lobster pot gear may be deployed or remain in, Restricted Gear Area III.
(m) Restricted Gear Area IV. (1) Restricted Gear Area IV is defined by straight lines connecting the following points in the order stated:
| Point | Latitude | Longitude |
Inshore Boundary | ||
| 193 | 40?13.60? N. | 68?40.60? W. |
| 194 | 40?11.60? N. | 68?53.00? W. |
| 195 | 40?14.00? N. | 69?04.70? W. |
| 196 | 40?14.30? N. | 69?05.80? W. |
| 197 | 40?05.50? N. | 69?09.00? W. |
| 198 | 39?57.30? N. | 69?25.10? W. |
| 199 | 40?00.40? N. | 69?35.20? W. |
| 200 | 40?01.70? N. | 69?35.40? W. |
| 201 | 40?01.70? N. | 69?37.40? W. |
| 202 | 40?00.50? N. | 69?38.80? W. |
| 203 | 40?01.30? N. | 69?45.00? W. |
| 204 | 40?02.10? N. | 69?45.00? W. |
| 205 | 40?07.60? N. | 70?04.50? W. |
| 206 | 40?07.80? N. | 70?09.20? W. |
| to 119 | ||
Offshore Boundary | ||
| 69 | 40?07.90? N. | 68?36.00? W. |
| 70 | 40?07.20? N. | 68?38.40? W. |
| 71 | 40?06.90? N. | 68?46.50? W. |
| 72 | 40?08.70? N. | 68?49.60? W. |
| 73 | 40?08.10? N. | 68?51.00? W. |
| 74 | 40?05.70? N. | 68?52.40? W. |
| 75 | 40?03.60? N. | 68?57.20? W. |
| 76 | 40?03.65? N. | 69?00.00? W. |
| 77 | 40?04.35? N. | 69?00.50? W. |
| 78 | 40?05.20? N. | 69?00.50? W. |
| 79 | 40?05.30? N. | 69?01.10? W. |
| 80 | 40?08.90? N. | 69?01.75? W. |
| 81 | 40?11.00? N. | 69?03.80? W. |
| 82 | 40?11.60? N. | 69?05.40? W. |
| 83 | 40?10.25? N. | 69?04.40? W. |
| 84 | 40?09.75? N. | 69?04.15? W. |
| 85 | 40?08.45? N. | 69?03.60? W. |
| 86 | 40?05.65? N. | 69?03.55? W. |
| 87 | 40?04.10? N. | 69?03.90? W. |
| 88 | 40?02.65? N. | 69?05.60? W. |
| 89 | 40?02.00? N. | 69?08.35? W. |
| 90 | 40?02.65? N. | 69?11.15? W. |
| 91 | 40?00.05? N. | 69?14.60? W. |
| 92 | 39?57.8? N. | 69?20.35? W. |
| 93 | 39?56.75? N. | 69?24.40? W. |
| 94 | 39?56.50? N. | 69?26.35? W. |
| 95 | 39?56.80? N. | 69?34.10? W. |
| 96 | 39?57.85? N. | 69?35.05? W. |
| 97 | 40?00.65? N. | 69?36.50? W. |
| 98 | 40?00.90? N. | 69?37.30? W. |
| 99 | 39?59.15? N. | 69?37.30? W. |
| 100 | 39?58.80? N. | 69?38.45? W. |
| 102 | 39?56.20? N. | 69?40.20? W. |
| 103 | 39?55.75? N. | 69?41.40? W. |
| 104 | 39?56.70? N. | 69?53.60? W. |
| 105 | 39?57.55? N. | 69?54.05? W. |
| 106 | 39?57.40? N. | 69?55.90? W. |
| 107 | 39?56.90? N. | 69?57.45? W. |
| 108 | 39?58.25? N. | 70?03.00? W. |
| 110 | 39?59.20? N. | 70?04.90? W. |
| 111 | 40?00.70? N. | 70?08.70? W. |
| 112 | 40?03.75? N. | 70?10.15? W. |
| 115 | 40?05.20? N. | 70?10.90? W. |
| 116 | 40?02.45? N. | 70?14.1? W. |
| 119 | 40?02.75? N. | 70?16.1? W. |
| to 206 |
(2) Restricted period?(i) Mobile gear. From June 16 through September 30, no fishing vessel with mobile gear aboard, or person on a fishing vessel with mobile gear aboard may fish or be in Restricted Gear Area IV, unless transiting. Vessels may transit this area, provided that all mobile gear is on board the vessel while inside the area, and is stowed in accordance with the provisions of ? 648.23(b).
(ii) [Reserved]
(n) NE Multispecies Restricted Gear Areas. With the exception of a vessel on a sector trip, any vessel issued a limited access NE multispecies permit that is fishing any part of a trip in one or both of the NE Multispecies Restricted Gear Areas specified in paragraphs (n)(1) and (2) of this section must comply with all applicable restrictions specified in this paragraph (n). If such a vessel fishes inside/outside of these areas on the same trip, the most restrictive measures for the areas fished apply, including, but not limited to, gear restrictions and trip limits.
(1) Western GB Multispecies Restricted Gear Area. The Western GB Multispecies Restricted Gear Area is defined as the area bounded by straight lines connecting the following points in the order stated:
| Point | N. latitude | W. longitude |
| G8 | 42?00? | 69?30? |
| GM5 | 42?00? | 68?30? |
| MRGA1 | 41?00? | 68?30? |
| YTA5 | 41?00? | 69?30? |
| G8 | 42?00? | 69?30? |
(2) SNE Multispecies Restricted Gear Area. The SNE Multispecies Restricted Gear Area is defined as the area bounded by straight lines connecting the following points in the order stated:
| Point | N. latitude | W. longitude |
| MRAG1 | 41?30? | (1) |
| MRGA2 | 41?30? | 70?30? |
| MRGA3 | (2) | 70?30? |
| MRGA4 | (3) | 70?30? |
| MRGA5 | 40?00? | 70?30? |
| MRGA6 | 40?00? | 71?30? |
| MRGA7 | 40?30? | 71?30? |
| SNEMA3 | 40?30? | 72?00? |
| MRGA8 | (4) | 72?00? |
| MRGA9 | (5) | 72?00? |
| MRGA10 | (6) | 72?00? |
(3) Gear restrictions. Unless otherwise authorized pursuant to paragraph (n)(3)(iv) of this section, a limited access NE multispecies vessel subject to the restrictions of paragraph (n) of this section may only use one or more of the gear types listed in paragraphs (n)(3)(i) through (iii) of this section. No other type of fishing gear may be on board the vessel when fishing in the NE Multispecies Restricted Gear Areas specified in paragraphs (n)(1) and (2) of this section.
(i) Trawl gear. A limited access NE multispecies vessel subject to the restrictions of paragraph (n) of this section using trawl gear may only use a haddock separator trawl, as specified in ? 648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in ? 648.85(b)(6)(iv)(J)(3); or a rope separator trawl, as specified in paragraph (n)(3)(i)(A) of this section.
(A) Rope separator trawl. A rope separator trawl is defined as a four-seam bottom trawl net (i.e., a net with a top and bottom panel and two side panels) modified to include both a horizontal separator panel and an escape opening in the bottom belly of the net below the separator panel, as further specified in paragraphs (n)(3)(i)(A)(1) through (3) of this section.
(1) Mesh size. Unless otherwise specified in this paragraph (n)(3)(i)(A)(1), the minimum mesh size applied throughout the body and extension of a rope separator trawl must be 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh, or any combination thereof. Mesh in the bottom belly of the net must be 13-inch (33-cm) diamond mesh. Unless otherwise specified in this part, the codend mesh size must be consistent with mesh size requirements specified in ? 648.80. The mesh size of a particular section of the rope separator trawl is measured in accordance with ? 648.80(f)(2), unless insufficient numbers of mesh exist, in which case the maximum total number of meshes in the section will be measured (between 2 and 20 meshes).
(2) Separator panel. The separator panel must consist of parallel lines made of fiber rope, the ends of which are attached to each side of the net starting at the forward edge of the square of the net and running aft toward the extension of the net. The leading rope must be attached to the side panel at a point at least 1/3 of the number of meshes of the side panel above the lower gore, and the panel of ropes shall slope downward toward the extension of the net. For example, if the side panel of the net is 42 meshes tall, the leading rope must be attached at least 14 meshes above the lower gore. The forward 2/3 of the separator ropes that comprise the separator panel must be no farther than 26 inches (66 cm) apart, with the after 1/3 of the separator ropes that comprise the separator panel being no farther than 13 inches (33 cm) apart. The ends of the aftermost rope shall be attached to the bottom belly at a point 1/6 of the number of meshes of the after end of the bottom belly below the lower gore. The separator ropes should be of sufficient length not to impinge upon the overall shape of the net without being too long to compromise the selectivity of the net. The separator ropes may not be manipulated in any way that would inhibit the selectivity of the net by causing the separator ropes to dip toward the bottom belly of the net and obscure the escape opening, as defined in paragraph (n)(3)(i)(A)(3) of this section.
(3) Escape opening. The escape opening must be positioned in the bottom belly of the net behind the sweep and terminate under the separator panel, as described in paragraph (n)(3)(i)(A)(2) of this section. Longitudinal lines may be used to maintain the shape of the escape opening, as necessary. The escape opening shall be at least 18 meshes in both length and width.
(B) [Reserved]
(ii) Gillnet gear. A limited access NE multispecies vessel subject to the restrictions of paragraph (n) of this section using gillnet gear may only use roundfish gillnets or flatfish gillnets consistent with the gear requirements in ? 648.80, provided the mesh size of the flatfish gillnet gear is greater than or equal to 10 inches (25.4 cm) throughout the entire net.
(iii) Hook gear. A limited access NE multispecies vessel subject to the restrictions of paragraph (n) of this section using hook gear may only use longline gear, tub trawls, or handgear.
(iv) Approval of additional gear. The Regional Administrator may authorize additional gear for use in the NE Multispecies Restricted Gear Areas in accordance with the standards and requirements specified in ? 648.85(b)(6)(iv)(J)(2).
(4) VMS declaration. In addition to any other declaration requirements specified in this part, the operator of a limited access NE multispecies vessel intending to fish, or fishing, in one or both of the NE Multispecies Restricted Gear Areas, as specified in paragraphs (n)(1) and (2) of this section must declare into one or both of these areas via VMS, as instructed by the Regional Administrator, prior to departure from port. 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 outside of the NE Multispecies Restricted Gear Areas for a minimum of 7 consecutive days (when fishing under the multispecies DAS program), and must carry the authorization letter on board.
(5) Trip limits. A limited access NE multispecies vessel subject to the restrictions of paragraph (n) of this section must comply with the trip limits specified in ? 648.86, unless further restricted by the following trip limits:
(i) If fishing exclusively under a NE multispecies DAS or under both a NE multispecies DAS and a monkfish DAS with gear other than gillnet gear, 500 lb (227 kg) of all flatfish species (American plaice, witch flounder, winter flounder, windowpane flounder, yellowtail flounder, and Atlantic halibut), combined; 500 lb (227 kg) of monkfish (whole weight), unless also subject to the monkfish possession restrictions in ? 648.94(b)(3); 500 lb (227 kg) of skates (whole weight); and zero possession of lobsters.
(ii) If fishing under both a NE multispecies DAS and a monkfish DAS with gillnet gear, 500 lb (227 kg) of all flatfish species (American plaice, witch flounder, winter flounder, windowpane flounder, yellowtail flounder, and Atlantic halibut), combined; the applicable monkfish possession limits specified in ? 648.94(b); 500 lb (227 kg) of skates (whole weight); and zero possession of lobsters.
(6) Transiting. A limited access NE multispecies vessel that is not subject to the restrictions of this paragraph (n) may transit the NE Multispecies Restricted Gear Areas specified in paragraphs (n)(1) and (2) of this section, provided any gear that is not authorized under paragraph (n)(3) of this section is stowed and not available for immediate use in accordance with ? 648.23(b).
[69 FR 22964, Apr. 27, 2004, as amended at 69 FR 35223, June 23, 2004; 69 FR 63480, Nov. 2, 2004; 69 FR 67798, Nov. 19, 2004; 70 FR 76426, Dec. 27, 2005; 71 FR 51784, Aug. 31, 2006; 72 FR 73279, Dec. 27, 2007; 75 FR 18317, Apr. 9, 2010]
