[Code of Federal Regulations]
[Title 50, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR648.2]

[Page 276-283]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 648.2  Definitions.

    In addition to the definitions in the Magnuson Act and in 
Sec. 600.10 of this chapter, the terms used in this part have the 
following meanings:
    Alewife means Alosa pseudoharengus.
    American lobster or lobster means Homarus americanus.
    American shad means Alosa sapidissima.
    Atlantic butterfish or butterfish means Peprilus triacanthus.
    Atlantic croaker means Micropogonias undulatus.
    Atlantic herring means Clupea harengus.
    Atlantic herring carrier means a fishing vessel with an Atlantic 
herring permit that 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.
    Atlantic herring dealer means:
    (1) Any person who purchases or receives for a commercial purpose 
other than solely for transport or pumping operations any herring from a 
vessel issued a Federal Atlantic herring permit, whether offloaded 
directly from the vessel or from a shore-based pump, for any purpose 
other than for the purchaser's own use as bait; or
    (2) Any person owning or operating a processing vessel that receives 
any Atlantic herring from a vessel issued a Federal Atlantic herring 
permit whether at sea or in port.
    Atlantic herring processor means a person who receives unprocessed 
Atlantic herring from a fishing vessel issued a Federal Atlantic herring 
permit or from an Atlantic herring dealer for the purposes of 
processing; or the owner or operator of a fishing vessel that processes 
Atlantic herring; or an Atlantic herring dealer who purchases Atlantic 
herring from a fishing vessel with a Federal Atlantic herring permit for 
resale as bait.
    Atlantic mackerel or mackerel means Scomber scombrus.
    Atlantic Mackerel, Squid, and Butterfish Monitoring Committee means 
the committee made up of staff representatives of the MAFMC and the 
NEFMC, and the Northeast Regional Office and NEFSC of NMFS. The MAFMC 
Executive Director or a designee chairs the Committee.
    Atlantic salmon means Salmo salar.
    Atlantic sea scallop or scallop means Placopecten magellanicus, 
throughout its range.
    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

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bottom. The beam is constructed with sinkers or shoes on either side 
that support the beam above the bottom or any other modification so that 
the beam does not contact the bottom. The beam trawl is designed to 
slide along the bottom rather than dredge the bottom.
    Black sea bass means 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. The Council Executive Director or his designee chairs 
the Committee.
    Black sea bass pot or black sea bass trap means any such gear used 
in catching and retaining black sea bass.
    Blowfish (puffer) means any species in the family Tetraodontidae.
    Bluefish means Pomotomus saltatrix.
    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. The Mid-Atlantic 
Fishery Management Council's Executive Director or a designee chairs the 
committee.
    Bonito means Sarda sarda.
    Border transfer (BT) means the amount of herring specified pursuant 
to Sec.  648.200 that may be transferred to a Canadian transport vessel 
that is permitted under the provisions of Pub. L. 104-297, section 
105(e).
    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.
    Bushel (bu) means a standard unit of volumetric measurement deemed 
to hold 1.88 ft\3\ (53.24 L) of surf clams or ocean quahogs in the 
shell.
    Cage means a container with a standard unit of volumetric 
measurement containing 60 ft\3\ (1,700 L). The outside dimensions of a 
standard cage generally are 3 ft (91 cm) wide, 4 ft (122 cm) long, and 5 
ft (152 cm) high.
    Chafing gear or cookies, with respect to the scallop fishery, means 
steel, rubberized or other types of donut rings, disks, washers, twine, 
or other material attached to or between the steel rings of a sea 
scallop dredge.
    Charter or 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.
    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.
    Commercial fishing or fishing commercially means fishing that is 
intended to, or results in, the barter, trade, transfer, or sale of 
fish.
    Commission means the Atlantic States Marine Fisheries Commission.
    Conger eel means Conger oceanicus.
    Council means the New England Fishery Management Council (NEFMC) for 
the Atlantic herring, Atlantic sea scallop, monkfish, and NE 
multispecies fisheries; or the Mid-Atlantic Fishery Management Council 
(MAFMC) for the Atlantic mackerel, squid, and butterfish; Atlantic surf 
clam and ocean quahog; summer flounder, scup, and black sea bass; spiny 
dogfish; Atlantic bluefish; and tilefish fisheries.
    Councils with respect to the monkfish fishery and spiny dogfish 
fishery means the New England Fishery Management Council (NEFMC) and the 
Mid-Atlantic Fishery Management Council (MAFMC).
    Cunner means Tautogolabrus adspersus.
    Day(s)-at-Sea (DAS), with respect to the NE multispecies and 
monkfish fisheries, and Atlantic sea scallop fishery, except as 
described in Sec. 648.82(k)(1)(iv), means the 24-hour period of time or 
any part thereof during which a fishing vessel is absent from port to 
fish for,

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possess, or land, or fishes for, possesses, or lands, regulated species, 
monkfish, or scallops.
    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.
    Dealer code means a confidential five-digit number assigned to each 
dealer required to submit purchases using the IVR system for the purpose 
of maintaining the integrity of the data reported through the IVR 
system.
    De-hooker, with respect to the NE multispecies hook gear fishery, 
means the fairlead rollers when used in a manner that extracts fish 
hooks from caught fish, also known as ``crucifiers.''
    Dredge or dredge gear, with respect to the scallop fishery, means 
gear consisting of a mouth frame attached to a holding bag constructed 
of metal rings, or any other modification to this design, that can be or 
is used in the harvest of scallops.
    Dredge bottom, with respect to scallops, means the rings and links 
found between the bail of the dredge and the club stick, which, when 
fishing, would be in contact with the sea bed. This includes the 
triangular shaped portions of the ring bag commonly known as 
``diamonds.''
    Dredge top, with respect to the scallop fishery, means the mesh 
panel in the top of a dredge and immediately adjacent rings and links 
found between the bail of the dredge, the club stick, and the two side 
panels. The bail of the dredge is the rigid structure of the forward 
portion of the dredge that connects to the warp and holds the dredge 
open. The club stick is the rigid bar at the tail of the dredge bag that 
is attached to the rings.
    Dredge vessel, with respect to the scallop fishery, means any 
fishing vessel that is equipped for fishing using dredge gear and that 
is capable of catching scallops.
    Exempted gear, with respect to the NE multispecies fishery, means 
gear that is deemed to be not capable of catching NE multispecies and 
includes: Pelagic hook and line, pelagic longline, spears, rakes, diving 
gear, cast nets, tongs, harpoons, weirs, dipnets, stop nets, pound nets, 
pelagic gillnets, pots and traps, purse seines, shrimp trawls (with a 
properly configured grate as defined under this part), surf clam and 
ocean quahog dredges, and midwater trawls.
    Fishing trip or 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.
    Fishing year means:
    (1) For the Atlantic sea scallop fishery, from March 1 through the 
last day of February of the following year.
    (2) For the NE multispecies and monkfish fisheries, from May 1 
through April 30 of the following year.
    (3) For all other fisheries in this part, from January 1 through 
December 31.
    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 (18.90 cm) in length and spaced not 
more than 15 feet (4.57 m) apart.
    FMP means fishery management plan.
    Fourspot flounder means Paralichthys oblongus.
    Gillnet gear capable of catching multispecies means all gillnet gear 
except pelagic gillnet gear specified at Sec. 648.81(g)(2)(ii) and 
pelagic gillnet gear that is designed to fish for and is used to fish 
for or catch tunas, swordfish, and sharks.
    Gross registered tonnage (GRT) means the gross registered tonnage 
specified on the USCG documentation for a vessel.
    Hagfish means 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.
    Handline or 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.

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Handlines are retrieved only by hand, not by mechanical means.
    Harbor porpoise means 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.
    Herring means Atlantic herring, Clupea harengus, or blueback 
herring, Alosa aestivalis.
    Hickory shad means 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.
    Illex means Illex illecebrosus (short-finned or summer squid).
    IVR System means the Interactive Voice Response reporting system 
established by the Regional Administrator for the purpose of monitoring 
harvest levels for certain species.
    John Dory means 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.
    Land means to begin offloading fish, to offload fish, or to enter 
port with fish.
    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.
    Link, with respect to the sea scallop fishery, means the material, 
usually made of a \3/8\-inch (10-mm) or \7/16\-inch (11-mm) diameter 
metal rod, that joins two adjacent rings within the ring bag of a 
dredge.
    Little tunny means Euthynnus alleteratus.
    Loligo means Loligo pealei (long-finned or bone squid).
    Longhorn sculpin means 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.
    Maine bushel means a standard unit of volumetric measurement equal 
to 1.2445 cubic feet (35.24 L) of ocean quahogs in the shell.
    Maine mahogany quahog zone means the area bounded on the east by the 
U.S.-Canada maritime boundary, on the south by a straight line at 
43 deg.50[min] N. latitude, and on the north and west by the shoreline 
of Maine.
    Menhaden means Atlantic menhaden, Brevoortia tyrannus.
    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.
    Mobile gear means trawls, beam trawls, and dredges that are designed 
to maneuver with that vessel.
    Monkfish, also known as anglerfish or goosefish, means Lophius 
americanus.
    Monkfish gillnets means gillnet gear with mesh size no smaller than 
10-inches (25.4 cm) diamond mesh that is designed and used to fish for 
and catch monkfish while fishing under a monkfish DAS.
    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. The team consists of 
staff from the NEFMC and the MAFMC, NMFS Northeast Regional Office, 
NEFSC, the USCG, two fishing industry representatives selected by their 
respective Council chairman (one from each management area with at least 
one of the two representing either the Atlantic sea scallop or northeast 
multispecies fishery), and staff from affected coastal states, appointed 
by the Atlantic States Marine Fisheries Commission. The Chair is elected 
by the Committee from within its ranks, subject to the approval of the 
Chairs of the NEFMC and MAFMC.
    Mullet means any species in the family Mugilidae.
    Multispecies frames, also known as multispecies racks, means the 
remains of the multispecies finfish after it has been filleted or 
processed, not including the fillet.
    Multispecies Monitoring Committee means a team of scientific and 
technical staff appointed by the NEFMC to

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review, analyze, and recommend adjustments to the measurement measures. 
The team consists of staff from the NEFMC and the MAFMC, NMFS Northeast 
Region Office, NEFSC, the USCG, an industry representative, and no more 
than two representatives, appointed by the Commission, from affected 
states.
    NAFO means Northwest Atlantic Fisheries Organization.
    NAFO Convention Area means the waters of the Northwest Atlantic 
Ocean north of 35 deg.00[min] N. lat. and west of a line extending due 
north from 35 deg.00[min] N. lat. and 42 deg.00[min] W. long. to 
59 deg.00[min] N. lat., thence due west to 44 deg.00[min] W. long., and 
thence due north to the coast of Greenland and the waters of the Gulf of 
St. Lawrence, Davis Strait and Baffin Bay south of 78 deg.10[min] N. 
lat.
    NAFO Regulatory Area means the part of the NAFO Convention Area 
which lies beyond the 200-mile zone of the coastal states.
    NEFSC means the Northeast Fisheries Science Center, NMFS.
    Net tonnage (NT) means the net tonnage specified on the USCG 
documentation for a vessel.
    Non-exempt gillnet fishery means a fishery which uses gillnet gear 
capable of catching multispecies.
    Non-exempt species means species of fish not included under the GOM, 
GB and SNE Regulated Mesh Area exempted fisheries, as specified in 
Sec. 648.80(a)(5); (a)(6); (a)(9) through (14); (b)(3)(i) and (ii); 
(b)(5) through (8); and (d), (e), (h), and (i).
    Northeast (NE) multispecies or multispecies means the following 
species:

American plaice--Hippoglossoides platessoides.
Atlantic cod--Gadus morhua.
Atlantic halibut--Hippoglossus hippoglossus.
Haddock--Melanogrammus aeglefinus.
Ocean Pout--Macrozoarces americanus.
Offshore Hake--Merluccius albidus.
Pollock--Pollachius virens.
Redfish--Sebastes fasciatus.
Red hake--Urophycis chuss.
Silver hake (whiting)--Merluccius bilinearis.
White hake--Urophycis tenuis.
Windowpane flounder--Scophthalmus aquosus.
Winter flounder--Pleuronectes americanus.
Witch flounder--Glyptocephalus cynoglossus.
Yellowtail flounder--Pleuronectes ferruginea.

    Northern shrimp means Pandalus borealis.
    Ocean quahog means the species 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. For purposes 
of the surf clam and ocean quahog fishery, it means to separate 
physically a cage from a vessel, such as by removing the sling or wire 
used to remove the cage from the harvesting vessel.
    Operator means the master, captain, or other individual on board a 
fishing vessel, who is in charge of that vessel's operations.
    Out of the monkfish fishery means the period of time during which a 
vessel is not fishing for monkfish under the monkfish DAS program.
    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.
    Pair trawl or pair trawling means to tow a single net between two 
vessels.
    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.
    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.
    Personal use, with respect to the surf clam or ocean quahog fishery, 
means harvest of surf clams or ocean quahogs for use as bait, for human 
consumption, or for other purposes (not including sale or barter) in 
amounts not to exceed 2 bu (106.48 L) per person per fishing trip.
    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.
    Postmark means independently verifiable evidence of date of mailing, 
such as U.S. Postal Service postmark, United Parcel Service (U.P.S.) or 
other private carrier postmark, certified

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mail receipt, overnight mail receipt, or receipt received upon hand 
delivery to an authorized representative of NMFS.
    Prior to leaving port, with respect to the call-in notification 
system for NE multispecies, and the call-in notification system for 
monkfish vessels that are fishing under the limited access monkfish 
Category C or D permit provisions, means no more than 1 hour prior to 
the time a vessel leaves the last dock or mooring in port from which 
that vessel departs to engage in fishing, including the transport of 
fish to another port. With respect to the call-in notification system 
for monkfish vessels that are fishing under the limited access monkfish 
Category A or B permit provisions, it means prior to the last dock or 
mooring in port from which a vessel departs to engage in fishing, 
including the transport of fish to another port.
    Private recreational fishing vessel, with respect to the NE 
multispecies fishery, means a vessel engaged in recreational fishing 
that has not been issued a Federal NE multispecies permit, does not sell 
fish, and does not take passengers for hire.
    Processing, or to process, in the Atlantic herring fishery means the 
preparation of Atlantic herring to render it suitable for human 
consumption, bait, commercial uses, industrial uses, or long-term 
storage, including but not limited to cooking, canning, roe extraction, 
smoking, salting, drying, freezing, or rendering into meal or oil.
    Processor means a person who receives surf clams or ocean quahogs 
for a commercial purpose and removes them from a cage.
    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.
    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.
    Recreational fishing means fishing that is not intended to, nor 
results in the barter, trade, or sale of fish.
    Recreational fishing vessel, with respect to the scup fishery, means 
any vessel from which no fishing other than recreational fishing is 
conducted. Charter and party boats are considered recreational fishing 
vessels for purposes of the scup minimum size requirement.
    Regional Administrator means the Administrator, Northeast Region, 
NMFS, or a designee.
    Regulated fishery means any fishery of the United States which is 
regulated under the Magnuson-Stevens Act.
    Regulated species means the subset of NE multispecies that includes 
Atlantic cod, witch flounder, American plaice, yellowtail flounder, 
haddock, pollock, winter flounder, windowpane flounder, redfish, and 
white hake.
    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.
    Reporting week means the period of time beginning at 0001 local time 
on Sunday and ending at 2400 hours local time the following Saturday.
    Re-rig or 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.
    Rigged hooks means hooks that are baited, or only need to be baited, 
in order to be fished. Unsecured, unbaited hooks and gangions are not 
considered to be rigged.
    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.
    Rod and reel means a hand-held (including rod holder) fishing rod 
with a manually operated reel attached.
    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.
    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 1/4 the length of the net or with an opening 
greater than 1/4 the length

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of the net, if the opening is obstructed in any fashion.
    Scallop dredge vessel means any fishing vessel, other than a 
combination vessel, that uses or is equipped to use scallop dredge gear.
    Scup means 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. The MAFMC Executive Director or a designee chairs the 
committee.
    Scup pot or trap means a pot or trap used in catching and retaining 
scup.
    Sea Scallop Plan Development Team (PDT) means a team of technical 
experts appointed by the NEFMC.
    Sea raven means Hemitripterus americanus.
    Searobin means any species of the family Triglidae.
    Shucking or to shuck means opening or to open a scallop, surf clam, 
or ocean quahog and removing the meat or the adductor muscle from the 
shell.
    Shucking machine means any mechanical device that automatically 
removes the meat or the adductor muscle from a scallop, surf clam, or 
ocean quahog shell.
    Sink gillnet or 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.
    Skate means any species of the family Rajidae.
    Small-mesh multispecies means the subset of Northeast multispecies 
that includes silver hake, offshore hake, and red hake.
    Smooth dogfish means Mustelis canis.
    Sorting machine means any mechanical device that automatically sorts 
whole scallops by shell height, size, or other physical characteristics.
    Spiny dogfish means 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). 
The MAFMC Executive Director or a designee chairs the committee.
    Spot means 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. Square mesh can be formed by 
hanging diamond mesh ``on the square,'' if the resulting mesh conforms 
with the above description of square mesh.
    Squid means Loligo pealei or Illex illecebrosus.
    Standard tote means a box typically constructed of plastic, designed 
to hold 100 lb (45.3 kg) of fish plus ice, and that has a liquid 
capacity of 70 L, or a volume of not more than 4,320 cubic in (2.5 cubic 
ft or 70.79 cubic cm).
    Substantially similar harvesting capacity means the same or less GRT 
and vessel length.
    Summer flounder means 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. The MAFMC Executive Director or a designee chairs the 
committee.
    Surf clams means Atlantic surf clams of the species Spisula 
solidissima.
    Swordfish means Xiphias gladius.
    Target total allowable catch (TAC) means the annual domestic harvest 
targets for regulated species.
    Tautog (blackfish) means 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.
    Tilefish means Lopholatilus chamaeleonticeps.
    Tilefish FMP Monitoring Committee means a committee made up of staff 
representatives of the MAFMC, the NMFS Northeast Regional 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. The

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MAFMC Executive Director or his designee chairs the committee.
    Tilefish Management Unitmeans an area of the Atlantic Ocean from the 
latitude of the VA and NC border (36 deg.33.36[min] N. Lat.), extending 
eastward from the shore to the outer boundary of the exclusive economic 
zone and northward to the United States-Canada border in which the 
United States exercises exclusive jurisdiction over all golden tilefish 
(Lopholatilus chamaeleonticeps) fished for, possessed, caught or 
retained in or from such area.
    Total Length (TL) means the straight-line distance from the tip of 
the snout to the end of the tail (caudal fin) while the fish is lying on 
its side.
    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.
    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.
    Trawl sweep means the total length of the footrope on a trawl net 
that is directly attached to the webbing of a net.
    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.
    Upon returning to port, means, for purposes of the call-in 
notification system for the NE multispecies and monkfish fisheries, upon 
first tying up at a dock at the end of a fishing trip.
    U.S. at-sea processing (USAP), with respect to the Atlantic herring 
fishery, means the specification, pursuant to Sec.  648.200, of the 
amount of herring available for processing by U.S. vessels issued an 
Atlantic herring processing permit as described in Sec.  
648.4(a)(10)(ii).
    Used DAS baseline, with respect to the NE multispecies fishery, 
means the number of DAS that represent the historic level of DAS use 
associated with a particular limited access permit, as described in 
Sec. 648.82(l).
    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.S.C., if the state length is verified by 
an authorized officer or NMFS official.
    Vessel Monitoring System (VMS) means a vessel monitoring system or 
VMS unit as set forth in Sec.  648.9 and approved by NMFS for use on 
Atlantic sea scallop, NE multispecies, monkfish, and Atlantic herring 
vessels, as required by this part.
    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.
    Weakfish means Cynoscion regalis.
    Whiting means Merluccius bilinearis.
    Whiting Monitoring Committee (WMC) means a team appointed by the 
NEFMC to review, analyze, and recommend adjustments to the management 
measures addressing small-mesh multispecies. The team consists of staff 
from the NEFMC and MAFMC, NMFS Northeast Regional Office, the NEFSC, the 
USCG, at least one industry representative from each geographical area 
(northern New England, southern New England, and the Mid-Atlantic), and 
no more than two representatives, appointed by the Commission, from 
affected states.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 648.2, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.