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CFR > 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 (§648.80 to §648.97) > 648.81—NE multispecies closed areas and measures to protect EFH.

CFR

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:
Closed Area I
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:
Closed Area II
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
1 The U.S.-Canada Maritime Boundary.
(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:
Nantucket Lightship Closed Area
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):
Cashes Ledge Closure Area
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′
Code of Federal Regulations 580
(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:
Western GOM Closure Area 1
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′
1 A chart depicting this area is available from the Regional Administrator upon request.
(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:
Rolling Closure Area I
[March 1-March 31]
Point N. lat. W. long.
GM3 42°00′ (1)
GM5 42°00′ 68°30′
GM6 42°30′ 68°30′
GM23 42°30′ 70°00′
1 Cape Cod shoreline on the Atlantic Ocean.
(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:
Rolling Closure Area II
[April 1-April 30]
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)
1 Massachusetts shoreline.
2 Cape Cod shoreline on Cape Cod Bay.
3 Cape Cod shoreline on the Atlantic Ocean.
4 New Hampshire shoreline.
(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:
Rolling Closure Area III
[May 1-May 31]
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)
1 Massachusetts shoreline.
2 Cape Cod shoreline on Cape Cod Bay.
3 Cape Cod shoreline on the Atlantic Ocean.
4 Maine shoreline.
(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:
Rolling Closure Area IV
[June 1-June 30]
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′
1 Massachusetts shoreline.
2 U.S.-Canada maritime boundary.
3 Maine shoreline.
(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:
Rolling Closure Area V
[October 1-November 30]
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)
1 Massachusetts shoreline.
2 Cape Cod shoreline on Cape Cod Bay.
3 Cape Cod shoreline on the Atlantic Ocean.
(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:
Sector Rolling Closure Area II
[April 1-April 30]
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)
1 MA shoreline.
2 Cape Cod, MA shoreline on Cape Cod Bay.
3 Cape Cod, MA shoreline on the Atlantic Ocean.
4 NH shoreline.
(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:
Sector Rolling Closure Area III
[May 1-May 31]
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)
1 MA shoreline.
2 ME shoreline.
(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:
Sector Rolling Closure Area IV
[June 1-June 30]
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′
1 NH shoreline.
2 ME shoreline.
(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:
Georges Bank Seasonal Closure Area
[May 1-May 31]
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′
1 Northward to its intersection with the shoreline of mainland MA.
(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:
Western GOM Habitat Closure Area
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:
Cashes Ledge Habitat Closure Area
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:
Jeffrey's Bank Habitat Closure Area
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:
Closed Area I—North Habitat Closure Area
Point N. lat. W. long.
CI1 41°30′ 69°23′
CI4 41°30′ 68°30′
CIH1 41
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