Subpart A General Provisions
Subpart B Management Measures for the Mackerel, Squid, and Butterfish Fisheries
Subpart C Management Measures for Atlantic Salmon
Subpart D Management Measures for the Atlantic Sea Scallop Fishery
Subpart E Management Measures for the Atlantic Surf Clam and Ocean Quahog Fisheries
Subpart F Management Measures for the Ne Multispecies and Monkfish Fisheries
Subpart G Management Measures for the Summer Flounder Fisheries
Subpart H Management Measures for the Scup Fishery
Subpart I Management Measures for the Black Sea Bass Fishery
Subpart J Management Measures for the Atlantic Bluefish Fishery
Subpart K Management Measures for the Atlantic Herring Fishery
Subpart L Management Measures for the Spiny Dogfish Fishery
Subpart M Management Measures for the Atlantic Deep-Sea Red Crab Fishery
Subpart N Management Measures for the Golden Tilefish and Blueline Tilefish Fisheries
Subpart O Management Measures for the Ne Skate Complex Fisheries
Subpart P Mid-Atlantic Forage Species
Subpart Q Habitat-Related Management Measures

Terms Used In 50 CFR Part 648

  • Address of Record: means the business address of a person, partnership, or corporation. See 50 CFR 600.1000
  • Alewife: means Alosa pseudoharengus. See 50 CFR 648.2
  • Alosa aestivalis:

    Bluefish means Pomotomus saltatrix. See 50 CFR 648.2

  • Alosa mediocris:

    Hook gear means fishing gear that is comprised of a hook or hooks attached to a line and includes, but is not limited to, longline, setline, jigs, troll line, rod and reel, and line trawl. See 50 CFR 648.2

  • Alosa pseudoharengus:

    American lobster or lobster means Homarus americanus. See 50 CFR 648.2

  • Alosa sapidissima:

    Annual catch entitlement (ACE), with respect to the NE multispecies fishery, means the share of the annual catch limit (ACL) for each NE multispecies stock that is allocated to an individual sector or state-operated permit bank based upon the cumulative fishing history attached to each permit participating in that sector or held by a state-operated permit bank in a given year. See 50 CFR 648.2

  • American shad: means Alosa sapidissima. See 50 CFR 648.2
  • Anadromous species: means the following:

    American shad: Alosa sapidissima

    Blueback herring: Alosa aestivalus

    Alewife: Alosa pseudoharengus

    Hickory shad: Alosa mediocris

    Alabama shad: Alosa alabamae

    Striped bass: Morone saxatilis

    Rainbow smelt: Osmerus mordax

    Atlantic salmon: Salmo salar

    Chinook, or king, salmon:

    Oncorhynchus tshawytscha

    Coho, or silver, salmon: Oncorhynchus kisutch

    Pink salmon: Oncorhynchus gorbuscha

    Sockeye salmon: Oncorhynchus nerka

    Chum salmon: Oncorhynchus keta

    Steelhead: Oncorhynchus mykiss

    Coastal cutthroat trout: Oncorhynchus clarki clarki

    Eulachon or candlefish: Thaleichthys pacificus

    Dolly varden: Salvelinus malma

    Sheefish or inconnu: Stenodus leucichthys

    Atlantic sturgeon: Acipenser oxyrhynchus oxyrhynchus

    Shortnose sturgeon: Acipenser brevirostrum

    Gulf sturgeon: Acipenser oxyrhynchus desotoi

    White sturgeon: Acipenser transmontanus

    Green sturgeon: Acipenser medirostris

    Angler means a person who is angling (see 50 CFR 600. See 50 CFR 600.1400

  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annual report: By January 15, 2001, and by each January 15 thereafter until the loan is fully repaid, each fish buyer shall submit to NMFS a report, on or in the form NMFS specifies, containing the following information for the preceding year for all fee fish each fish buyer purchases from fish sellers:

    (i) Total round weight bought. See 50 CFR 600.1101

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arctica islandica:

    Offload or offloading means to begin to remove, to remove, to pass over the rail, or otherwise take away fish from any vessel. See 50 CFR 648.2

  • Atlantic Chub Mackerel Management Unit: means an area of the Atlantic Ocean in which the United States exercises exclusive jurisdiction over all Atlantic chub mackerel fished for, possessed, caught, or retained in or from that is bounded on the west and north by the coastline of the United States. See 50 CFR 648.2
  • Atlantic croaker: means Micropogonias undulatus. See 50 CFR 648.2
  • Atlantic hagfish: means Myxine glutinosa. See 50 CFR 648.2
  • Atlantic herring: means Clupea harengus. See 50 CFR 648.2
  • Atlantic herring carrier: means a fishing vessel that may receive and transport herring caught by another fishing vessel, provided the vessel has been issued a herring permit, does not have any gear on board capable of catching or processing herring, and that has on board a letter of authorization from the Regional Administrator to transport herring caught by another fishing vessel or has declared an Atlantic herring carrier trip via VMS consistent with the requirements at §648. See 50 CFR 648.2
  • Atlantic mackerel: means Scomber scombrus. See 50 CFR 648.2
  • Atlantic salmon: means Salmo salar. See 50 CFR 648.2
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Beam trawl: means gear, consisting of a twine bag attached to a beam attached to a towing wire, designed so that the beam does not contact the bottom. See 50 CFR 648.2
  • Bid: means the price a vessel owner or reduction fishery permit holder requests for reduction of his/her fishing capacity. See 50 CFR 600.1000
  • Black sea bass: means Centropristis striata. See 50 CFR 648.2
  • Black Sea Bass Monitoring Committee: means a committee made up of staff representatives of the Mid-Atlantic, New England, and South Atlantic Fishery Management Councils, the Northeast Regional Office of NMFS, the Northeast Fisheries Science Center, and Commission representatives. See 50 CFR 648.2
  • Blueback herring: means Alosa aestivalis. See 50 CFR 648.2
  • Bluefish: means Pomotomus saltatrix. See 50 CFR 648.2
  • Bluefish Monitoring Committee: means a committee made up of staff representatives of the Mid-Atlantic Fishery Management Council, the New England Fishery Management Council, and South Atlantic Fishery Management Council, the NMFS Northeast Regional Office, the NMFS Northeast Fisheries Science Center, and the Commission. See 50 CFR 648.2
  • Blueline tilefish: means Caulolatilus microps. See 50 CFR 648.2
  • Bonito: means Sarda sarda. See 50 CFR 648.2
  • Borrower: means (individually and collectively) all persons who, after January 1, 2000, harvest fee fish from the IC directed fishing allowance. See 50 CFR 600.1101
  • bottom-tending gillnet: means any gillnet, anchored or otherwise, that is designed to be, or is fished on or near, the bottom in the lower third of the water column. See 50 CFR 648.2
  • Brevoortia tyrannus:

    Mid-Atlantic forage species means the following species and species groups:

    (1) Anchovies (family Engraulidae), including but not limited to the following species:

    (i) Striped anchovy-Anchoa hepsetus. See 50 CFR 648.2

  • Brush-sweep trawl gear: means trawl gear consisting of alternating roller discs and bristle brushes that are strung along cables, chains, or footropes, and aligned together to form the sweep of the trawl net, designed to allow the trawl sweep to maintain contact with the ocean floor, or any modification to trawl gear that is substantially similar in design or effect. See 50 CFR 648.2
  • Business plan: means the document containing the information specified in §600. See 50 CFR 600.1000
  • Business week: means a 7-day period, Saturday through Friday. See 50 CFR 600.1000
  • Business week: means a 7-day period, Saturday through Friday. See 50 CFR 600.1101
  • butterfish: means Peprilus triacanthus. See 50 CFR 648.2
  • Cage: means a container with a standard unit of volumetric measurement containing 60 ft3 (1,700 L). See 50 CFR 648.2
  • Centropristis striata:

    Black Sea Bass Monitoring Committee means a committee made up of staff representatives of the Mid-Atlantic, New England, and South Atlantic Fishery Management Councils, the Northeast Regional Office of NMFS, the Northeast Fisheries Science Center, and Commission representatives. See 50 CFR 648.2

  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Combination license: means either:

    (1) A single state fishing license that permits fishing in fresh waters and tidal waters at one price. See 50 CFR 600.1400

  • Combination vessel: means a vessel that has fished in any one calendar year with scallop dredge gear and otter trawl gear during the period 1988 through 1990, and that is eligible for an allocation of individual DAS under the NE Multispecies FMP and has applied for or been issued a limited access scallop permit. See 50 CFR 648.2
  • Commission: means the Atlantic States Marine Fisheries Commission. See 50 CFR 648.2
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conger oceanicus:

    Council means the New England Fishery Management Council (NEFMC) for the Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red crab, NE multispecies, monkfish, and NE skate fisheries. See 50 CFR 648.2

  • Council: means the New England Fishery Management Council (NEFMC) for the Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red crab, NE multispecies, monkfish, and NE skate fisheries. See 50 CFR 648.2
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Cunner: means Tautogolabrus adspersus. See 50 CFR 648.2
  • Cynoscion regalis:

    Whiting means Merluccius bilinearis. See 50 CFR 648.2

  • Dealer: means any person who receives, for a commercial purpose (other than solely for transport on land), from the owner or operator of a vessel issued a valid permit under this part, any species of fish, the harvest of which is managed by this part, unless otherwise exempted in this part. See 50 CFR 648.2
  • Definition: In addition to the definitions in the Magnuson-Stevens Act and in §679. See 50 CFR 600.1101
  • Delivery value: means the gross ex-vessel value of all fee fish at fish delivery. See 50 CFR 600.1101
  • Deposit principal: means all collected fee revenue that a fish buyer deposits in a segregated account maintained at a federally insured financial institution for the sole purpose of aggregating collected fee revenue before sending the fee revenue to NMFS for repaying a reduction loan. See 50 CFR 600.1000
  • Deposit principal: means all collected fee revenue that a fish buyer deposits in a segregated deposit account maintained in a federally chartered national bank for the sole purpose of aggregating collected fee revenue before sending the fee revenue to NMFS for repaying the loan. See 50 CFR 600.1101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Electronic monitoring: means a network of equipment that uses a software operating system connected to one or more technology components, including, but not limited to, cameras and recording devices to collect data on catch and vessel operations. See 50 CFR 648.2
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Exempted state: means a state that has been designated as an exempted state by NMFS pursuant to §600. See 50 CFR 600.1400
  • Fee: means the amount that fish buyers deduct from the delivery value under a financed reduction program. See 50 CFR 600.1000
  • Fee: means the six-tenths (0. See 50 CFR 600.1101
  • Fee collection deposits: Each fish buyer, no less frequently than at the end of each business week, shall deposit, in the deposit account established under paragraph (a) of this section, all fee revenue, not previously deposited, that the fish buyer has collected through a date not more than 2 calendar days before the date of deposit. See 50 CFR 600.1101
  • Fee fish: means all fish harvested from a reduction fishery involving a financed program during the period in which any amount of the reduction loan remains unpaid. See 50 CFR 600.1000
  • Fee fish: means all pollock harvested from the IC directed fishing allowance beginning on February 10, 2000 and ending at such time as the loan's principal and interest are fully repaid. See 50 CFR 600.1101
  • Fin: means any of the fins of a shark (including the tail) or a portion thereof. See 50 CFR 600.1202
  • Final development plan: means the document NMFS prepares, under §600. See 50 CFR 600.1000
  • Financed: means funded, in any part, by a reduction loan. See 50 CFR 600.1000
  • Fish buyer: means the first ex-vessel party who:

    (1) In an arm's--length transaction, purchases fee fish from a fish seller. See 50 CFR 600.1000

  • Fish buyer: means the first ex-vessel fish buyer who purchases fee fish from a fish seller. See 50 CFR 600.1101
  • Fish delivery: means the point at which a fish buyer first purchases fee fish or takes possession of fee fish from a fish seller. See 50 CFR 600.1000
  • Fish delivery: means the point at which a fish buyer first takes delivery or possession of fee fish from a fish seller. See 50 CFR 600.1101
  • Fish seller: means the party who harvests and first sells or otherwise delivers fee fish to a fish buyer. See 50 CFR 600.1000
  • Fish seller: means the harvester who catches and first sells fee fish to a fish buyer. See 50 CFR 600.1101
  • Fishing capacity reduction specifications: means the minimum amount of fishing capacity reduction and the maximum amount of reduction loan principal specified in a business plan. See 50 CFR 600.1000
  • fishing commercially: means fishing that is intended to, or results in, the barter, trade, transfer, or sale of fish. See 50 CFR 648.2
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Flatfish gillnets: means gillnets that are either constructed with no floats on the float line, or that are constructed with floats on the float line and that have tie-down twine between the float line and the lead line not more than 48 inches (18. See 50 CFR 648.2
  • FMP: means fishery management plan. See 50 CFR 648.2
  • For-hire fishing vessel: means a vessel on which passengers are carried to engage in angling or spear fishing, from whom a consideration is contributed as a condition of such carriage, whether directly or indirectly flowing to the owner, charterer, operator, agent or any other person having an interest in the vessel. See 50 CFR 600.1400
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fourspot flounder: means Paralichthys oblongus. See 50 CFR 648.2
  • Fund: means the Fishing Capacity Reduction Fund, and each subaccount for each program, established in the U. See 50 CFR 600.1000
  • Gillnet gear capable of catching multispecies: means all gillnet gear except pelagic gillnet gear specified at §648. See 50 CFR 648.2
  • Golden tilefish: means Lopholatilus chamaeleonticeps. See 50 CFR 648.2
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hagfish: means Myxine glutinosa. See 50 CFR 648.2
  • handline gear: means fishing gear that is released by hand and consists of one main line to which is attached no more than two leaders for a total of no more than three hooks. See 50 CFR 648.2
  • Harbor porpoise: means Phocoena phocoena. See 50 CFR 648.2
  • Hemitripterus americanus:

    Searobin means any species of the family Triglidae. See 50 CFR 648.2

  • Hickory shad: means Alosa mediocris. See 50 CFR 648.2
  • Hook gear: means fishing gear that is comprised of a hook or hooks attached to a line and includes, but is not limited to, longline, setline, jigs, troll line, rod and reel, and line trawl. See 50 CFR 648.2
  • IC directed fishing allowance: means the directed fishing allowance allocated to the inshore component under section 206(b)(1) of the AFA. See 50 CFR 600.1101
  • Illex: means Illex illecebrosus (short-finned or summer squid). See 50 CFR 648.2
  • Implementation plan: means the plan in §600. See 50 CFR 600.1000
  • Indigenous people: means persons who are documented members of a federally recognized tribe or Alaskan Native Corporation or persons who reside in the western Pacific who are descended from the aboriginal people indigenous to the region who conducted commercial or subsistence fishing using traditional fishing methods, including angling. See 50 CFR 600.1400
  • Inshore exempted species: means the following species:

    Bay scallop--Aequipecten irradians. See 50 CFR 648.2

  • Interest: Interest shall, from December 30, 1998, when NMFS disbursed the loan, until the date the borrower fully repays the loan, accrue at a fixed rate of 7. See 50 CFR 600.1101
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • John Dory: means Zenopsis conchifera. See 50 CFR 648.2
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Land: means to begin offloading fish, to offload fish, or to enter port with fish. See 50 CFR 648.2
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Layover: Informal term for a period of delay required by rule. For example, when a bill or other measure is reported from committee, it may be considered on the floor only after it "lies over" for one legislative day and after the written report has been available for two calendar days. Layover periods may be waived by unanimous consent.
  • Leiostomus xanthurus:

    Square mesh, with respect to the NE multispecies fishery, means mesh in which the horizontal bars of the mesh run perpendicular to the long axis of the net so when the net is placed under a strain the mesh remains open to a square-like shape. See 50 CFR 648.2

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited access herring vessel: means a vessel that has been issued a valid permit for any type of limited access herring vessel permit described in §648. See 50 CFR 648.2
  • Limited access scallop vessel: means a vessel that has been issued a limited access full-time, part-time, or occasional scallop permit pursuant to §648. See 50 CFR 648.2
  • Liner: means a piece of mesh or any other material rigged inside or outside the main or outer net or dredge that restricts the mesh or ring size or otherwise reduces escapement. See 50 CFR 648.2
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Little tunny: means Euthynnus alleteratus. See 50 CFR 648.2
  • Loan: means the loan authorized by section 207(a) of the AFA. See 50 CFR 600.1101
  • lobster: means Homarus americanus. See 50 CFR 648.2
  • Longfin squid: means Doryteuthis (Amerigo) pealeii (formerly Loligo pealeii). See 50 CFR 648.2
  • Longhorn sculpin: means Myoxocephalus octodecimspinosus. See 50 CFR 648.2
  • Longline gear: means fishing gear that is or is designed to be set horizontally, either anchored, floating, or attached to a vessel, and that consists of a main or ground line with three or more gangions and hooks. See 50 CFR 648.2
  • Maine bushel: means a standard unit of volumetric measurement equal to 1. See 50 CFR 648.2
  • Maine mahogany quahog zone: means the area bounded on the east by the U. See 50 CFR 648.2
  • MCSP: means a Mobile Communications Service Provider, which is an operator of a mobile communications service used to provide wireless connectivity between mobile platforms and fixed platforms, and enables location transmission and two-way message exchange between the vessel and NMFS, when using a compatible MTU. See 50 CFR 648.2
  • Menhaden: means Atlantic menhaden, Brevoortia tyrannus. See 50 CFR 648.2
  • Mid-Atlantic forage species: means the following species and species groups:

    (1) Anchovies (family Engraulidae), including but not limited to the following species:

    (i) Striped anchovy-Anchoa hepsetus. See 50 CFR 648.2

  • Midwater trawl gear: means trawl gear that is designed to fish for, is capable of fishing for, or is being used to fish for pelagic species, no portion of which is designed to be or is operated in contact with the bottom at any time. See 50 CFR 648.2
  • Mobile gear: means trawls, beam trawls, and dredges that are designed to maneuver with that vessel. See 50 CFR 648.2
  • Monkfish gillnets: means gillnet gear with mesh size no smaller than 10-inches (25. See 50 CFR 648.2
  • Monkfish Monitoring Committee: means a team of scientific and technical staff appointed by the NEFMC and MAFMC to review, analyze, and recommend adjustments to the management measures. See 50 CFR 648.2
  • Monkfish-only DAS: means monkfish DAS allocated to a limited access monkfish Category C, D, F, G, or H permit that are in excess of that permit's initial allocation of Northeast multispecies Category A DAS at the beginning of a fishing year. See 50 CFR 648.2
  • MTU: means a Mobile Transmitting Unit, which is a transceiver or communications device, including antennae, dedicated message terminal and display, and an input device such as a keyboard installed on a fishing vessel participating in the VMS program. See 50 CFR 648.2
  • Mullet: means any species in the family Mugilidae. See 50 CFR 648.2
  • Multispecies Monitoring Committee: means a team of scientific and technical staff appointed by the NEFMC to review, analyze, and recommend adjustments to the measurement measures. See 50 CFR 648.2
  • Mustelis canis:

    Sorting machine, with respect to the Atlantic sea scallop fishery, means any mechanical device that automatically sorts whole scallops by shell height, size, or other physical characteristics. See 50 CFR 648.2

  • Myoxocephalus octodecimspinosus:

    Longline gear means fishing gear that is or is designed to be set horizontally, either anchored, floating, or attached to a vessel, and that consists of a main or ground line with three or more gangions and hooks. See 50 CFR 648.2

  • Myxine glutinosa:

    Hail Weight means a good-faith estimate in pounds (or count of individual fish, if a party or charter vessel), by species, of all species, or parts of species, such as monkfish livers, landed or discarded for each trip. See 50 CFR 648.2

  • NAFO: means Northwest Atlantic Fisheries Organization. See 50 CFR 648.2
  • NAFO Convention Area: means the waters of the Northwest Atlantic Ocean north of 35°00? N. See 50 CFR 648.2
  • NAFO Regulatory Area: means the part of the NAFO Convention Area which lies beyond the 200-mile zone of the coastal states. See 50 CFR 648.2
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • NEFSC: means the Northeast Fisheries Science Center, NMFS. See 50 CFR 648.2
  • Net delivery value: means the delivery value minus the fee. See 50 CFR 600.1000
  • Net delivery value: means the delivery value minus the fee. See 50 CFR 600.1101
  • Non-exempt gillnet fishery: means a fishery which uses gillnet gear capable of catching multispecies. See 50 CFR 648.2
  • Non-exempt species: means species of fish not included under the GOM, GB and SNE Regulated Mesh Area exempted fisheries, as specified in §648. See 50 CFR 648.2
  • Northern shrimp: means Pandalus borealis. See 50 CFR 648.2
  • Not available for immediate use: means that the gear is not being used for fishing and is stowed in conformance with one of the following methods:

    (1) Nets--(i) Below-deck stowage. See 50 CFR 648.2

  • Notification: (i) NMFS will send an appropriate fee payment and collection commencement notification to each affected fish seller and fish buyer of whom NMFS has knowledge. See 50 CFR 600.1101
  • Obligation: The borrower shall repay the loan in accordance with the AFA and this subpart. See 50 CFR 600.1101
  • Observer or monitor: means any person certified by NMFS to collect operational fishing data, biological data, or economic data through direct observation and interaction with operators of commercial fishing vessels as part of NMFS' Northeast Fisheries Observer Program. See 50 CFR 648.2
  • Ocean quahog: means the species Arctica islandica. See 50 CFR 648.2
  • offloading: means to begin to remove, to remove, to pass over the rail, or otherwise take away fish from any vessel. See 50 CFR 648.2
  • On-deck stowage: (A) The net is fan-folded (flaked) and bound around its circumference. See 50 CFR 648.2
  • On-reel stowage: (A) The net is on the net reel. See 50 CFR 648.2
  • On-reel stowage for vessels transiting the Gulf of Maine Rolling Closure Areas and the Georges Bank Seasonal Closure Area: (A) If a vessel is transiting the Gulf of Maine Rolling Closure Areas and the Georges Bank Seasonal Closure Area, not available for immediate use also means, the net is on the net reel. See 50 CFR 648.2
  • Operational discards in the Atlantic herring fishery: means small amounts of fish that cannot be pumped on board and remain in the codend or seine at the end of pumping operations. See 50 CFR 648.2
  • Operator: means the master, captain, or other individual on board a fishing vessel, who is in charge of that vessel's operations. See 50 CFR 648.2
  • Other methods of stowage: Any other method of stowage authorized in writing by the Regional Administrator and subsequently published in the 50 CFR 648.2
  • Out of the monkfish fishery: means the period of time during which a vessel is not fishing for monkfish under the monkfish DAS program. See 50 CFR 648.2
  • Out of the multispecies fishery: means the period of time during which a vessel is not fishing for regulated species under the NE multispecies DAS program. See 50 CFR 648.2
  • Pair trawl or pair trawling: means to tow a single net between two vessels. See 50 CFR 648.2
  • Pandalus borealis:

    Not available for immediate use means that the gear is not being used for fishing and is stowed in conformance with one of the following methods:

    (1) Nets--(i) Below-deck stowage. See 50 CFR 648.2

  • Paralichthys dentatus:

    Summer Flounder Monitoring Committee means a committee made up of staff representatives of the MAFMC, NEFMC, and SAFMC, the NMFS Northeast Regional Office, the NEFSC, the Southeast Science Center, and the Commission. See 50 CFR 648.2

  • Paralichthys oblongus:

    Full-processing (fully process or fully processed), with respect to the Atlantic deep-sea red crab fishery, means any activity that removes meat from any part of a red crab. See 50 CFR 648.2

  • party boat: means any vessel that carries passengers for hire to engage in recreational fishing and, with respect to multispecies, that is not fishing under a DAS. See 50 CFR 648.2
  • Payment and collection: (i) The fee is due and payable at the time of fish delivery. See 50 CFR 600.1101
  • Pelagic hook and line gear: means handline or rod and reel gear that is designed to fish for, or that is being used to fish for, pelagic species, no portion of which is designed to be or is operated in contact with the bottom at any time. See 50 CFR 648.2
  • Pelagic longline gear: means fishing gear that is not fixed, nor designed to be fixed, nor anchored to the bottom and that consists of monofilament main line (as opposed to a cable main line) to which gangions are attached. See 50 CFR 648.2
  • Peprilus triacanthus:

    Atlantic Chub Mackerel Management Unit means an area of the Atlantic Ocean in which the United States exercises exclusive jurisdiction over all Atlantic chub mackerel fished for, possessed, caught, or retained in or from that is bounded on the west and north by the coastline of the United States. See 50 CFR 648.2

  • Person who receives bluefish for commercial purposes: means any person (excluding representatives of governmental agencies) engaged in the sale, barter, or trade of bluefish received from a fisherman, or one who transports bluefish from a fisherman. See 50 CFR 648.2
  • Phocoena phocoena:

    Harbor Porpoise Review Team (HPRT) means a team of scientific and technical experts appointed by the NEFMC to review, analyze, and propose harbor porpoise take mitigation alternatives. See 50 CFR 648.2

  • Post-bidding referendum: means a referendum that follows bidding under §600. See 50 CFR 600.1000
  • Post-reduction: means after a program reduces fishing capacity in a reduction fishery. See 50 CFR 600.1000
  • Postmark: means independently verifiable evidence of date of mailing, such as U. See 50 CFR 648.2
  • Pre-bidding referendum: means a referendum that occurs at any time after a request for a financed program but before a proposal under §600. See 50 CFR 600.1000
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary development plan: means the document specified in §600. See 50 CFR 600.1000
  • Principal amount: The loan's principal amount is $75,000,000 (seventy five million dollars). See 50 CFR 600.1101
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Processed fish: means fish in any form different from the form in which the fish existed at the time the fish was first harvested, unless any such difference in form represents, in the reduction fishery involved, the standard ex-vessel form upon which fish sellers and fish buyers characteristically base the delivery value of unprocessed fish. See 50 CFR 600.1000
  • Program: means each instance of reduction under this subpart, in each reduction fishery--starting with a request and ending, for a financed program, with full reduction loan repayment. See 50 CFR 600.1000
  • Purse seine gear: means an encircling net with floats on the top edge, weights and a purse line on the bottom edge, and associated gear, or any net designed to be, or capable of being, used in such fashion. See 50 CFR 648.2
  • Quota-managed species: means any species of finfish managed under this part by an annual or seasonal quota, by annual target or actual TAC, or by DAH limits. See 50 CFR 648.2
  • re-rigged: means physical alteration of the vessel or its gear in order to transform the vessel into one capable of fishing commercially for a species in the applicable fishery. See 50 CFR 648.2
  • Recreational fishing: means fishing that is not intended to, nor results in the barter, trade, or sale of fish. See 50 CFR 648.2
  • Red Crab Management Unit: means an area of the Atlantic Ocean from 35° 15. See 50 CFR 648.2
  • Reduction: means the act of reducing fishing capacity under any program. See 50 CFR 600.1000
  • Reduction amendment: means any amendment, or, where appropriate, framework adjustment, to a CFMP that may be necessary for a program to meet the requirements of this subpart. See 50 CFR 600.1000
  • Reduction contract: means the invitation to bid under §600. See 50 CFR 600.1000
  • Reduction cost: means the total dollar amount of all reduction payments to fishing permit owners, fishing vessel owners, or both, in a reduction fishery. See 50 CFR 600.1000
  • Reduction fishery: means the fishery or portion of a fishery to which a program applies. See 50 CFR 600.1000
  • Reduction loan: means a loan, under section 1111 and section 1112 of Title XI of the Merchant Marine Act, 1936, as amended (46 U. See 50 CFR 600.1000
  • Reduction payment: means the Federal Government's fishing capacity reduction payment to a fishing permit owner, fishing vessel owner, or both, under a reduction contract. See 50 CFR 600.1000
  • Reduction permit: means any fishing permit revoked in a program in exchange for a reduction payment under a reduction contract. See 50 CFR 600.1000
  • Reduction vessel: means any fishing vessel withdrawn from fishing either by scrapping or title restriction in exchange for a reduction payment under a reduction contract. See 50 CFR 600.1000
  • Referendum: means the voting process under §600. See 50 CFR 600.1000
  • Refunds: When NMFS determines that the loan is fully repaid, NMFS will refund any excess fee receipts, on a last-in/first-out basis, to the fish buyers. See 50 CFR 600.1101
  • Regional Administrator: means the Administrator, Northeast Region, NMFS, or a designee. See 50 CFR 648.2
  • Regulated fishery: means any fishery of the United States which is regulated under the Magnuson-Stevens Act. See 50 CFR 648.2
  • Repayment: The fee shall be the exclusive source of loan repayment. See 50 CFR 600.1101
  • Reporting month: means the period of time beginning at 0001 hours local time on the first day of each calendar month and ending at 2400 hours local time on the last day of each calendar month. See 50 CFR 648.2
  • Reporting week: means the period of time beginning at 0001 local time on Sunday and ending at 2400 hours local time the following Saturday. See 50 CFR 648.2
  • Request: means a request, under §600. See 50 CFR 600.1000
  • Requester: means a Council for a fishery identified in §600. See 50 CFR 600.1000
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Rigged hooks: means hooks that are baited, or only need to be baited, in order to be fished. See 50 CFR 648.2
  • River herring: means alewife (Alosa pseudoharengus) and blueback herring (Alosa aestivalis). See 50 CFR 648.2
  • Rockhopper and roller gear: means trawl gear configured with disks, rollers, or other similar shaped devices that are attached to the bottom belly of the trawl, contact the sea bottom, and that are designed to raise the bottom panel of the trawl off the ocean bottom so as to enable the gear to be fished on hard bottom. See 50 CFR 648.2
  • Rod and reel: means a hand-held (including rod holder) fishing rod with a manually operated reel attached. See 50 CFR 648.2
  • Roundfish gillnets: means gillnets that are constructed with floats on the float line and that have no tie-down twine between the float line and the lead line. See 50 CFR 648.2
  • Runaround gillnet or encircling gillnet: means a rectangular net placed upright in the water column in a circular fashion with an opening equal to or less than 50 CFR 648.2
  • Salmo salar:

    Atlantic sea scallop or scallop means Placopecten magellanicus, throughout its range. See 50 CFR 648.2

  • scallop: means Placopecten magellanicus, throughout its range. See 50 CFR 648.2
  • Scallop dredge vessel: means any fishing vessel, other than a combination vessel, that uses or is equipped to use scallop dredge gear. See 50 CFR 648.2
  • Scallop dredges: (i) The towing wire is detached from the scallop dredge, the towing wire is completely reeled up onto the winch, the dredge is secured, and the dredge or the winch is covered so that it is rendered unusable for fishing. See 50 CFR 648.2
  • Scrap: means to completely and permanently reduce a fishing vessel's hull, superstructures, and other fixed structural components to fragments having value, if any, only as raw materials for reprocessing or for other non-fisheries use. See 50 CFR 600.1000
  • Scup: means Stenotomus chrysops. See 50 CFR 648.2
  • Scup Monitoring Committee: means a committee made up of staff representative of the MAFMC, NEFMC, South Atlantic Fishery Management Council, the NMFS Northeast Regional Office, the NEFSC, and the Commission. See 50 CFR 648.2
  • Scup pot or trap: means a pot or trap used in catching and retaining scup. See 50 CFR 648.2
  • Sea raven: means Hemitripterus americanus. See 50 CFR 648.2
  • Searobin: means any species of the family Triglidae. See 50 CFR 648.2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Set-only trip: means a fishing trip on which any federally permitted vessel deploys gear with the intention of retrieving it on a separate trip and does not haul-back or retrieve any gear capable of catching fish on the set-only trip. See 50 CFR 648.2
  • Shad: means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). See 50 CFR 648.2
  • Shucking machine: means any mechanical device that automatically removes the meat or the adductor muscle from a scallop, surfclam, or ocean quahog shell. See 50 CFR 648.2
  • Sink gillnet gear: All nets are covered with canvas or other similar material and lashed or otherwise securely fastened to the deck or rail, and all buoys larger than 6 inches (15. See 50 CFR 648.2
  • Skate: means members of the Family Rajidae, including: Leucoraja ocellata (winter skate). See 50 CFR 648.2
  • Skate Management Unit: means an area of the Atlantic Ocean from 35°15. See 50 CFR 648.2
  • Small-mesh multispecies: means the subset of Northeast multispecies that includes silver hake, offshore hake, and red hake. See 50 CFR 648.2
  • Smooth dogfish: means Mustelis canis. See 50 CFR 648.2
  • Spearfishing: means fishing for, attempting to fish for, catching or attempting to catch fish in tidal waters by any person with a spear or a powerhead (see 50 CFR 600. See 50 CFR 600.1400
  • Spiny dogfish: means Squalus acanthias. See 50 CFR 648.2
  • Spiny Dogfish Monitoring Committee: means a committee made up of staff representatives of the MAFMC, NEFMC, the NMFS Northeast Regional Office, the Northeast Fisheries Science Center, and the states, as well as two ex-officio industry members (one from each Council jurisdiction). See 50 CFR 648.2
  • Spisula solidissima:

    Sweep, with respect to the NE multispecies limited access fishery, means the part of a bottom trawl that, during normal use, is in contact with the sea floor along the outer edges of the lower webbing of the net. See 50 CFR 648.2

  • Spot: means Leiostomus xanthurus. See 50 CFR 648.2
  • Squalus acanthias:

    Spiny Dogfish Monitoring Committee means a committee made up of staff representatives of the MAFMC, NEFMC, the NMFS Northeast Regional Office, the Northeast Fisheries Science Center, and the states, as well as two ex-officio industry members (one from each Council jurisdiction). See 50 CFR 648.2

  • Squid: means longfin squid (Doryteuthis (Amerigo) pealeii, formerly Loligo pealeii) or Illex illecebrosus. See 50 CFR 648.2
  • Standard tote: means a box typically constructed of plastic, designed to hold 100 lb (45. See 50 CFR 648.2
  • State records: If landing records that a state requires from fish sellers contain some or all of the data that this section requires and state confidentiality laws or regulations do not prevent NMFS' access to the records maintained for the state, then fish buyers can use such records to meet appropriate portions of this section's recordkeeping requirements. See 50 CFR 600.1101
  • State-operated permit bank: means a depository established and operated by a state through an agreement between NMFS and a state in which Federal grant funds have been used by the state to obtain Federal fishing vessel permits so that the fishing access privileges associated with those permits may be allocated to qualified persons and that meets the requirement of §648. See 50 CFR 648.2
  • Stenotomus chrysops:

    Scup Monitoring Committee means a committee made up of staff representative of the MAFMC, NEFMC, South Atlantic Fishery Management Council, the NMFS Northeast Regional Office, the NEFSC, and the Commission. See 50 CFR 648.2

  • Subaccount: means the Inshore Component Pollock Subaccount of the Fishing Capacity Reduction Fund in the U. See 50 CFR 600.1101
  • Subsidized: means wholly funded by anything other than a reduction loan. See 50 CFR 600.1000
  • Summer flounder: means Paralichthys dentatus. See 50 CFR 648.2
  • Summer Flounder Monitoring Committee: means a committee made up of staff representatives of the MAFMC, NEFMC, and SAFMC, the NMFS Northeast Regional Office, the NEFSC, the Southeast Science Center, and the Commission. See 50 CFR 648.2
  • Surfclams: means Atlantic surfclams of the species Spisula solidissima. See 50 CFR 648.2
  • Swordfish: means Xiphias gladius. See 50 CFR 648.2
  • Tautoga onitas:

    Tied up to the dock or tying up at a dock means tied up at a dock, on a mooring, or elsewhere in a harbor. See 50 CFR 648.2

  • Tautogolabrus adspersus:

    DAS flip, with respect to the NE multispecies fishery, means ending fishing under a Regular B DAS and beginning fishing under a Category A DAS. See 50 CFR 648.2

  • Tidal waters: means waters that lie below mean high water and seaward of the first upstream obstruction or barrier to tidal action and that are subject to the ebb and flow of the astronomical tides under ordinary conditions. See 50 CFR 600.1400
  • Tilefish: means golden tilefish and blueline tilefish, collectively, unless otherwise noted. See 50 CFR 648.2
  • Tilefish FMP Monitoring Committee: means a committee made up of staff representatives of the MAFMC, the NMFS Greater Atlantic Regional Fisheries Office, the Northeast Fisheries Science Center, up to three state representatives (the New England states having one representative and the Mid-Atlantic states having a maximum of two representatives) and one non-voting industry member. See 50 CFR 648.2
  • Tilefish Management Unit: means an area of the Atlantic Ocean from the latitude of the VA and NC border (36°33. See 50 CFR 648.2
  • to shuck: means opening or to open a scallop, surfclam, or ocean quahog and removing the meat or the adductor muscle from the shell. See 50 CFR 648.2
  • Transfer: means to begin to remove, to remove, to pass over the rail, or to otherwise take away fish from any vessel and move them to another vessel. See 50 CFR 648.2
  • Transferee: means a vessel owner who receives permanently transferred NE multispecies DAS and potentially other permits from another vessel through the DAS Transfer Program specified at §648. See 50 CFR 648.2
  • Transferor: means a vessel owner who permanently transfers NE multispecies DAS and potentially other permits to another vessel through the DAS Transfer Program specified at §648. See 50 CFR 648.2
  • Trawl: means gear consisting of a net that is towed, including but not limited to beam trawls, pair trawls, otter trawls, and Danish and Scottish seine gear. See 50 CFR 648.2
  • Trawl sweep: means the total length of the footrope on a trawl net that is directly attached to the webbing of a net. See 50 CFR 648.2
  • Treasury percentage: means the annual percentage rate at which NMFS must pay interest to the U. See 50 CFR 600.1000
  • trip: means a period of time during which fishing is conducted, beginning when the vessel leaves port and ending when the vessel returns to port. See 50 CFR 648.2
  • Trip Identifier: means the complete serial number of the vessel logbook page completed for that trip. See 50 CFR 648.2
  • tying up at a dock: means tied up at a dock, on a mooring, or elsewhere in a harbor. See 50 CFR 648.2
  • Under construction: means that the keel had been laid or the vessel was under written agreement for construction or the vessel was under written contract for purchase. See 50 CFR 648.2
  • Unprocessed fish: means fish in the same form as the fish existed at the time the fish was harvested, unless any difference in form represents, in the reduction fishery involved, the standard ex-vessel form upon which fish sellers and fish buyers characteristically base the delivery value of unprocessed fish. See 50 CFR 600.1000
  • Vessel length: means the length specified on the USCG documentation for a vessel or on the state registration for a vessel not required to be documented under title 46 U. See 50 CFR 648.2
  • VMS unit: means a device installed on board a vessel used for vessel monitoring and transmitting the vessel's position as required by this part. See 50 CFR 648.2
  • Vote: means a vote in a referendum. See 50 CFR 600.1000
  • Weakfish: means Cynoscion regalis. See 50 CFR 648.2
  • Whiting: means Merluccius bilinearis. See 50 CFR 648.2
  • Xiphias gladius:

    Target total allowable catch (TAC) means the annual domestic harvest targets for regulated species. See 50 CFR 648.2

  • Zenopsis conchifera:

    JVPt, with respect to the Atlantic herring fishery, means the specification of the total amount of herring available for joint venture processing by foreign vessels in the EEZ and state waters. See 50 CFR 648.2