50 C.F.R. § 648.206 Framework provisions.
Title 50 - Wildlife and Fisheries
(a) Annual review. The Herring PDT, in consultation with the Commission's PRT, shall review the status of the stock and the fishery. The PDT shall review available data pertaining to commercial and recreational catches, current estimates of fishing mortality, stock status, estimates of recruitment, virtual population analysis, and other estimates of stock size, sea sampling and trawl survey data or, if sea sampling data are unavailable, length frequency information from trawl surveys, the impact of other fisheries on herring mortality, and any other relevant information. Based on this review, the PDT shall report to the Council's Herring Oversight Committee no later than July, any necessary adjustments to the management measures and recommendations for the Atlantic herring annual specifications. The PDT, in consultation with the PRT, shall recommend the specifications, as well as an estimated TAC, as required by §648.200, for the following fishing year. (b) Based on these recommendations, the Herring Oversight Committee shall further recommend to the Council any measures necessary to insure that the annual specifications shall not be exceeded. The Council shall review these recommendations and any public comment received and, after consulting with the Commission, shall recommend appropriate specifications to NMFS, as described in §648.200. Any suggested revisions to management measures may be implemented through the framework process or through an amendment to the FMP. (c) Framework adjustment process. In response to the annual review, or at any other time, the Council may initiate action to add or adjust management measures if it finds that action is necessary to meet or be consistent with the goals and objectives of the Atlantic herring FMP, or to address gear conflicts as defined under §600.10 of this chapter. (1) Adjustment process. After a management action has been initiated, the Council shall develop and analyze appropriate management actions over the span of at least two Council meetings. The Council may delegate authority to the Herring Oversight Committee to conduct an initial review of the options being considered. The oversight committee shall review the options and relevant information, consider public comment, and make a recommendation to the Council. (2) After the first framework meeting, the Council may refer the issue back to the Herring Oversight Committee for further consideration, make adjustments to the measures that were proposed, or approve of the measures and begin developing the necessary documents to support the framework adjustments. If the Council approves the proposed framework adjustments, the Council shall identify, at this meeting, a preferred alternative and/or identify the possible alternatives. (3) A framework document shall be prepared that discusses and shows the impacts of the alternatives. It shall be available to the public prior to the second or final framework meeting. (4) After developing management actions and receiving public testimony, the Council shall make a recommendation to NMFS. The Council's recommendation must include supporting rationale and, if changes to the management measures are recommended, an analysis of impacts and a recommendation to NMFS on whether to issue the management measures as a final rule. If the Council recommends that the management measures should be issued as a final rule, the Council must consider at least the following factors and provide support and analysis for each factor considered: (i) Whether the availability of data on which the recommended management measures are based allows for adequate time to publish a proposed rule, and whether regulations have to be in place for an entire harvest/fishing season. (ii) Whether there has been adequate notice and opportunity for participation by the public and members of the affected industry in the development of the Council's recommended management measures. (iii) Whether there is an immediate need to protect the resource or to impose management measures to resolve gear conflicts. (iv) Whether there will be a continuing evaluation of management measures adopted following their implementation as a final rule. (5) If the Council's recommendation to NMFS includes adjustments or additions to management measures, after reviewing the Council's recommendation and supporting information NMFS may: (i) Concur with the Council's recommended management measures and determine that the recommended management measures should be published as a final rule in the (ii) Concur with the Council's recommendation and determine that the recommended management measures should be first published as a proposed rule in the (iii) If NMFS does not concur, the Council shall be notified in writing of the reasons for the non-concurrence. (d) Possible framework adjustment measures. Measures that may be changed or implemented through framework action include: (1) Management area boundaries or additional management areas; (2) Size, timing, or location of new or existing spawning area closures; (3) Closed areas other than spawning closures; (4) Restrictions in the amount of fishing time; (5) A days-at-sea system; (6) Adjustments to specifications; (7) Adjustments to the Canadian catch deducted when determining specifications; (8) Distribution of the TAC; (9) Gear restrictions (such as mesh size, etc.) or requirements (such as bycatch-reduction devices, etc.); (10) Vessel size or horsepower restrictions; (11) Closed seasons; (12) Minimum fish size; (13) Trip limits; (14) Seasonal, area, or industry sector quotas; (15) Measures to describe and identify essential fish habitat (EFH), fishing gear management measures to protect EFH, and designation of habitat areas of particular concern within EFH; (16) Measures to facilitate aquaculture, such as minimum fish sizes, gear restrictions, minimum mesh sizes, possession limits, tagging requirements, monitoring requirements, reporting requirements, permit restrictions, area closures, establishment of special management areas or zones, and any other measures included in the FMP; (17) Changes to the overfishing definition; (18) Vessel monitoring system requirements; (19) Limits or restrictions on the harvest of herring for specific uses; (20) Quota monitoring tools, such as vessel, operator, or dealer reporting requirements; (21) Permit and vessel upgrading restrictions; (22) Implementation of measures to reduce gear conflicts, such as mandatory monitoring of a radio channel by fishing vessels, gear location reporting by fixed gear fishermen, mandatory plotting of gear by mobile fishermen, standards of operation when conflict occurs, fixed gear marking or setting practices; gear restrictions for certain areas, vessel monitoring systems, restrictions on the maximum number of fishing vessels, and special permitting conditions; (23) Limited entry or controlled access system; (24) Specification of the amount of herring to be used for roe; and (25) Any other measure currently included in the FMP. (e) Emergency action. Nothing in this section is meant to derogate from the authority of the Secretary to take emergency action under section 305(e) of the Magnuson-Stevens Act.
Title 50: Wildlife and Fisheries
PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES
Subpart K—Management Measures for the Atlantic Herring Fishery
§ 648.206 Framework provisions.
