[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 1998 Edition]
[From the U.S. Government Printing Office]


          50



          Wildlife and Fisheries



[[Page i]]

          PART 600 TO END

                         Revised as of October 1, 1998

          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF OCTOBER 1, 1998
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1998



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 50:
          Chapter VI--Fishery Conservation and Management, 
          National Oceanic and Atmospheric Administration, 
          Department of Commerce                                     3
  Finding Aids:
      Material Approved for Incorporation by Reference........     631
      Table of CFR Titles and Chapters........................     633
      Alphabetical List of Agencies Appearing in the CFR......     651
      List of CFR Sections Affected...........................     661



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                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  50 CFR 600.5 refers 
                       to title 50, part 600, 
                       section 5.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 1998), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.

[[Page vii]]

    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.

SALES

    The Government Printing Office (GPO) processes all sales and 
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ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Weekly Compilation 
of Presidential Documents and the Privacy Act Compilation are available 
in electronic format at www.access.gpo.gov/nara (``GPO Access''). For 
more information, contact Electronic Information Dissemination Services, 
U.S. Government Printing Office. Phone 202-512-1530, or 888-293-6498 
(toll-free). E-mail, gpoaccess@gpo.gov.
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA 
site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

October 1, 1998.



[[Page ix]]



                               THIS TITLE

    Title 50--Fish and Wildlife is composed of three volumes. The parts 
in these volumes are arranged in the following order: Parts 1-199, parts 
200-599 and part 600 to end. The first volume (parts 1-199) contains the 
current regulations issued under chapter I--United States Fish and 
Wildlife Service, Department of the Interior. The second volume (parts 
200-599) contains the current regulations issued under chapter II--
National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce; chapter III--International 
Fishing and Related Activities, chapter IV--Joint Regulations (United 
States Fish and Wildlife Service, Department of the Interior and 
National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce); Endangered Species Committee 
regulations; and chapter V--Marine Mammal Commission. The third volume 
(part 600 to end) contains the current regulations issued under chapter 
VI--Fishery Conservation and Management, National Oceanic and 
Atmospheric Administration, Department of Commerce. The contents of 
these volumes represent all current regulations codified under this 
title of the CFR as of October 1, 1998.

    Alphabetical listings of endangered and threatened wildlife and 
plants appear in part 17.

    The OMB control numbers for the National Oceanic and Atmospheric 
Administration appear in 15 CFR 902.1.

    For this volume, Gregory R. Walton was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page x]]





[[Page 1]]



                    TITLE 50--WILDLIFE AND FISHERIES




                  (This book contains part 600 to end)

  --------------------------------------------------------------------
                                                                    Part

chapter vi--Fishery Conservation and Management, National 
  Oceanic and Atmospheric Administration, Department of 
  Commerce..................................................         600

Cross References: Commercial fishing on Red Lake Indian Reservation, 
  Bureau of Indian Affairs: 25 CFR part 242.

  Disposal of certain wild animals in national parks, National Park 
Service: 36 CFR part 10.

  Exchanges of land for migratory bird or other wildlife refuges, Bureau 
of Land Management: 43 CFR part 2200.0-1--2272.1.

  Fishing, hunting, trapping, and protection of wildlife in national 
forests and wildlife refuges, Forest Service: 36 CFR part 241, 
Secs. 261.8, 261.9.

  Fishing, hunting, trapping, and protection of wildlife in national 
parks, memorials, recreation areas, etc., National Park Service: 36 CFR 
parts 2, 7, 20.

  Fishing and hunting in reservoir areas, Corps of Engineers: 36 CFR 
part 327.8.

  Free entry of animals, birds and products of American fisheries under 
specified conditions, Customs Service: 19 CFR part 10.70--10.83.

  Grazing areas for wildlife maintenance, Bureau of Land Management: 43 
CFR part 4110.

  Making pictures, television production, or sound tracks on areas 
administered by the United States Fish and Wildlife Service or the 
National Park Service: 43 CFR part 5.1.

[[Page 3]]



    CHAPTER VI--FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC
                     AND ATMOSPHERIC ADMINISTRATION,
                         DEPARTMENT OF COMMERCE




  --------------------------------------------------------------------
Part                                                                Page
600             Magnuson-Stevens Act provisions.............           5
622             Fisheries of the Caribbean, Gulf, and South 
                    Atlantic................................          96
630             Atlantic swordfish fishery..................         169
640             Spiny lobster fishery of the Gulf of Mexico 
                    and South Atlantic......................         185
644             Atlantic billfishes.........................         194
648             Fisheries of the Northeastern United States.         199
649             American lobster fishery....................         313
654             Stone crab fishery of the Gulf of Mexico....         338
660             Fisheries off West coast states and in the 
                    Western Pacific.........................         346
678             Atlantic sharks.............................         425
679             Fisheries of the Exclusive Economic Zone off 
                    Alaska..................................         435
697             Atlantic coastal fisheries cooperative 
                    management..............................         626

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PART 600--MAGNUSON-STEVENS ACT PROVISIONS--Table of Contents




                           Subpart A--General

Sec.
600.5  Purpose and scope.
600.10  Definitions.
600.15  Other acronyms.

             Subpart B--Regional Fishery Management Councils

600.105  Intercouncil boundaries.
600.110  Intercouncil fisheries.
600.115  Statement of organization, practices, and procedures (SOPP).
600.120  Employment practices.
600.125  Budgeting, funding, and accounting.
600.130  Protection of confidentiality of statistics.

                      Subpart C--Council Membership

600.205  Principal state officials and their designees.
600.210  Terms of Council members.
600.215  Appointments.
600.220  Oath of office.
600.225  Rules of conduct.
600.230  Removal.
600.235  Financial disclosure.
600.240  Security assurances.
600.245  Council member compensation.

                      Subpart D--National Standards

600.305  General.
600.310  National Standard 1--Optimum Yield.
600.315  National Standard 2--Scientific Information.
600.320  National Standard 3--Management Units.
600.325  National Standard 4--Allocations.
600.330  National Standard 5--Efficiency.
600.335  National Standard 6--Variations and Contingencies.
600.340  National Standard 7--Costs and Benefits.
600.345  National Standard 8--Communities.
600.350  National Standard 9--Bycatch.
600.355  National Standard 10--Safety of Life at Sea.

                Subpart E--Confidentiality of Statistics

600.405  Types of statistics covered.
600.410  Collection and maintenance of statistics.
600.415  Access to statistics.
600.420  Control system.
600.425  Release of statistics.

                       Subpart F--Foreign Fishing

600.501  Vessel permits.
600.502  Vessel reports.
600.503  Vessel and gear identification.
600.504  Facilitation of enforcement.
600.505  Prohibitions.
600.506  Observers.
600.507  Recordkeeping.
600.508  Fishing operations.
600.509  Prohibited species.
600.510  Gear avoidance and disposal.
600.511  Fishery closure procedures.
600.512  Scientific research.
600.513  Recreational fishing.
600.514  Relation to other laws.
600.515  Interpretation of 16 U.S.C. 1857(4).
600.516  Total allowable level of foreign fishing (TALFF).
600.517  Allocations.
600.518  Fee schedule for foreign fishing.
600.520  Northwest Atlantic Ocean fishery.
600.525  Atlantic herring fishery.

      Subpart G--Preemption of State Authority Under Section 306(b)

600.605  General policy.
600.610  Factual findings for Federal preemption.
600.615  Commencement of proceedings.
600.620  Rules pertaining to the hearing.
600.625  Secretary's decision.
600.630  Application for reinstatement of state authority.

          Subpart H--General Provisions for Domestic Fisheries

600.705  Relation to other laws.
600.710  Permits.
600.715  Recordkeeping and reporting.
600.720  Vessel and gear identification.
600.725  General prohibitions.
600.730  Facilitation of enforcement.
600.735  Penalties.
600.740  Enforcement policy.
600.745  Scientific research activity, exempted fishing, and exempted 
          educational activity.
600.746  Observers.

                  Subpart I--Fishery Negotiation Panels

600.750  Definitions.
600.751  Determination of need for a fishery negotiation panel.
600.752  Use of conveners and facilitators.
600.753  Notice of intent to establish a fishery negotiation panel.
600.754  Decision to establish a fishery negotiation panel.
600.755  Establishment of a fishery negotiation panel.
600.756  Conduct and operation of a fishery negotiation panel.
600.757  Operational protocols.
600.758  Preparation of report.
600.759  Use of report.
600.760  Fishery Negotiation Panel lifetime.

[[Page 6]]

                 Subpart J--Essential Fish Habitat (EFH)

600.805  Purpose and scope.
600.810  Definitions and word usage.
600.815  Contents of Fishery Management Plans.

     Subpart K--EFH Coordination, Consultation, and Recommendations

600.905  Purpose, scope, and NMFS/Council cooperation.
600.910  Definitions and word usage.
600.915  Coordination for the conservation and enhancement of EFH.
600.920  Federal agency consultation with the Secretary.
600.925  NMFS EFH conservation recommendations to Federal and state 
          agencies.
600.930  Council comments and recommendations to Federal and state 
          agencies.

    Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.

    Source: 61 FR 32540, June 24, 1996, unless otherwise noted.



                           Subpart A--General



Sec. 600.5  Purpose and scope.

    (a) This part contains general provisions governing the operation of 
the eight Regional Fishery Management Councils established by the 
Magnuson-Stevens Act and describes the Secretary's role and 
responsibilities under the Act. The Councils are institutions created by 
Federal law and must conform to the uniform standards established by the 
Secretary in this part.
    (b) This part also governs all foreign fishing under the Magnuson-
Stevens Act, prescribes procedures for the conduct of preemption 
hearings under section 306(b) of the Magnuson-Stevens Act, and collects 
the general provisions common to all domestic fisheries governed by this 
chapter.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.10  Definitions.

    Unless defined otherwise in other parts of Chapter VI, the terms in 
this chapter have the following meanings:
    Administrator means the Administrator of NOAA (Under Secretary of 
Commerce for Oceans and Atmosphere) or a designee.
    Advisory group means a Scientific and Statistical Committee (SSC), 
Fishing Industry Advisory Committee (FIAC), or Advisory Panel (AP) 
established by a Council under the Magnuson-Stevens Act.
    Agent, for the purpose of foreign fishing (subpart F), means a 
person appointed and maintained within the United States who is 
authorized to receive and respond to any legal process issued in the 
United States to an owner and/or operator of a vessel operating under a 
permit and of any other vessel of that Nation fishing subject to the 
jurisdiction of the United States. Any diplomatic official accepting 
such an appointment as designated agent waives diplomatic or other 
immunity in connection with such process.
    Aggregate or summary form means confidential data structured in such 
a way that the identity of the submitter cannot be determined either 
from the present release of the data or in combination with other 
releases.
    Allocated species means any species or species group allocated to a 
foreign nation under Sec. 600.517 for catching by vessels of that 
Nation.
    Allocation means direct and deliberate distribution of the 
opportunity to participate in a fishery among identifiable, discrete 
user groups or individuals.
    Anadromous species means species of fish that spawn in fresh or 
estuarine waters of the United States and that migrate to ocean waters.
    Area of custody means any vessel, building, vehicle, live car, 
pound, pier or dock facility where fish might be found.
    Assistant Administrator means the Assistant Administrator for 
Fisheries, NOAA, or a designee.
    Authorized officer means:
    (1) Any commissioned, warrant, or petty officer of the USCG;
    (2) Any special agent or fishery enforcement officer of NMFS;
    (3) Any officer designated by the head of any Federal or state 
agency that has entered into an agreement with the Secretary and the 
Commandant of the USCG to enforce the provisions of the Magnuson-Stevens 
Act or any other statute administered by NOAA; or
    (4) Any USCG personnel accompanying and acting under the direction 
of

[[Page 7]]

any person described in paragraph (1) of this definition.
    Authorized species means any species or species group that a foreign 
vessel is authorized to retain in a joint venture by a permit issued 
under Activity Code 4 as described by Sec. 600.501(c).
    Catch, take, or harvest includes, but is not limited to, any 
activity that results in killing any fish or bringing any live fish on 
board a vessel.
    Center means one of the five NMFS Fisheries Science Centers.
    Coast Guard Commander means one of the commanding officers of the 
Coast Guard units specified in Table 1 of Sec. 600.502, or a designee.
    Codend means the terminal, closed end of a trawl net.
    Confidential statistics are those submitted as a requirement of an 
FMP and that reveal the business or identity of the submitter.
    Continental shelf fishery resources means the species listed under 
section 3(7) of the Magnuson-Stevens Act.
    Council means one of the eight Regional Fishery Management Councils 
established by the Magnuson-Stevens Act.
    Data, statistics, and information are used interchangeably.
    Dealer means the person who first receives fish by way of purchase, 
barter, or trade.
    Designated representative means the person appointed by a foreign 
nation and maintained within the United States who is responsible for 
transmitting information to and submitting reports from vessels of that 
Nation and establishing observer transfer arrangements for vessels in 
both directed and joint venture activities.
    Directed fishing, for the purpose of foreign fishing (subpart F), 
means any fishing by the vessels of a foreign nation for allocations of 
fish granted that Nation under Sec. 600.517.
    Director means the Director of the Office of Sustainable Fisheries, 
1315 East-West Highway, Silver Spring, MD 20910.
    Discard means to release or return fish to the sea, whether or not 
such fish are brought fully on board a fishing vessel.
    Drift gillnet means a gillnet that is unattached to the ocean 
bottom, whether or not attached to a vessel.
    Essential fish habitat (EFH) means those waters and substrate 
necessary to fish for spawning, breeding, feeding, or growth to 
maturity. For the purpose of interpreting the definition of essential 
fish habitat: Waters include aquatic areas and their associated 
physical, chemical, and biological properties that are used by fish and 
may include aquatic areas historically used by fish where appropriate; 
substrate includes sediment, hard bottom, structures underlying the 
waters, and associated biological communities; necessary means the 
habitat required to support a sustainable fishery and the managed 
species' contribution to a healthy ecosystem; and ``spawning, breeding, 
feeding, or growth to maturity'' covers a species' full life cycle.
    Exclusive economic zone (EEZ) means the zone established by 
Presidential Proclamation 5030, 3 CFR part 22, dated March 10, 1983, and 
is that area adjacent to the United States which, except where modified 
to accommodate international boundaries, encompasses all waters from the 
seaward boundary of each of the coastal states to a line on which each 
point is 200 nautical miles (370.40 km) from the baseline from which the 
territorial sea of the United States is measured.
    Exempted educational activity means an activity, conducted by an 
educational institution accredited by a recognized national or 
international accreditation body, of limited scope and duration, that is 
otherwise prohibited by part 285 or chapter VI of this title, but that 
is authorized by the appropriate Director or Regional Administrator for 
educational purposes.
    Exempted or experimental fishing means fishing from a vessel of the 
United States that involves activities otherwise prohibited by part 285 
or chapter VI of this title, but that are authorized under an exempted 
fishing permit (EFP). These regulations refer exclusively to exempted 
fishing. References in part 285 of this title and elsewhere in this 
chapter to experimental fishing mean exempted fishing under this part.
    Fish means:
    (1) When used as a noun, means any finfish, mollusk, crustacean, or 
parts thereof, and all other forms of marine

[[Page 8]]

animal and plant life other than marine mammals and birds.
    (2) When used as a verb, means to engage in ``fishing,'' as defined 
below.
    Fishery means:
    (1) One or more stocks of fish that can be treated as a unit for 
purposes of conservation and management and that are identified on the 
basis of geographic, scientific, technical, recreational, or economic 
characteristics, or method of catch; or
    (2) Any fishing for such stocks.
    Fishery management unit (FMU) means a fishery or that portion of a 
fishery identified in an FMP relevant to the FMP's management 
objectives. The choice of an FMU depends on the focus of the FMP's 
objectives, and may be organized around biological, geographic, 
economic, technical, social, or ecological perspectives.
    Fishery resource means any fish, any stock of fish, any species of 
fish, and any habitat of fish.
    Fishing, or to fish means any activity, other than scientific 
research conducted by a scientific research vessel, that involves:
    (1) The catching, taking, or harvesting of fish;
    (2) The attempted catching, taking, or harvesting of fish;
    (3) Any other activity that can reasonably be expected to result in 
the catching, taking, or harvesting of fish; or
    (4) Any operations at sea in support of, or in preparation for, any 
activity described in paragraphs (1), (2), or (3) of this definition.
    Fishing vessel means any vessel, boat, ship, or other craft that is 
used for, equipped to be used for, or of a type that is normally used 
for:
    (1) Fishing; or
    (2) Aiding or assisting one or more vessels at sea in the 
performance of any activity relating to fishing, including, but not 
limited to, preparation, supply, storage, refrigeration, transportation, 
or processing.
    Foreign fishing means fishing by a foreign fishing vessel.
    Foreign fishing vessel (FFV) means any fishing vessel other than a 
vessel of the United States, except those foreign vessels engaged in 
recreational fishing, as defined in this section.
    Gear conflict means any incident at sea involving one or more 
fishing vessels:
    (1) In which one fishing vessel or its gear comes into contact with 
another vessel or the gear of another vessel; and
    (2) That results in the loss of, or damage to, a fishing vessel, 
fishing gear, or catch.
    Gillnet means a panel of netting, suspended vertically in the water 
by floats along the top and weights along the bottom, to entangle fish 
that attempt to pass through it.
    Governing International Fishery Agreement (GIFA) means an agreement 
between the United States and a foreign nation or Nations under section 
201(c) of the Magnuson-Stevens Act.
    Grants Officer means the NOAA official authorized to sign, on behalf 
of the Government, the cooperative agreement providing funds to support 
the Council's operations and functions.
    Greenwich mean time (GMT) means the local mean time at Greenwich, 
England. All times in this part are GMT unless otherwise specified.
    Handgear means handline, harpoon, or rod and reel.
    Harass means to unreasonably interfere with an individual's work 
performance, or to engage in conduct that creates an intimidating, 
hostile, or offensive environment.
    Harpoon or harpoon gear means fishing gear consisting of a pointed 
dart or iron attached to the end of a line several hundred feet in 
length, the other end of which is attached to a floatation device. 
Harpoon gear is attached to a pole or stick that is propelled only by 
hand, and not by mechanical means.
    Industry means both recreational and commercial fishing, and 
includes the harvesting, processing, and marketing sectors.
    International radio call sign (IRCS) means the unique radio 
identifier assigned a vessel by the appropriate authority of the flag 
state.
    Joint venture means any operation by a foreign vessel assisting 
fishing by U.S. fishing vessels, including catching, scouting, 
processing and/or support. (A joint venture generally entails a foreign 
vessel processing fish received from U.S. fishing vessels and

[[Page 9]]

conducting associated support activities.)
    Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation 
and Management Act, as amended (16 U.S.C. 1801 et seq.), formerly known 
as the Magnuson Act.
    Metric ton (mt) means 1,000 kg (2,204.6 lb).
    nm means nautical mile (6,076 ft (1,852 m)).
    Official number means the documentation number issued by the USCG or 
the certificate number issued by a state or by the USCG for an 
undocumented vessel.
    Operator, with respect to any vessel, means the master or other 
individual aboard and in charge of that vessel.
    Optimum yield (OY) means the amount of fish that:
    (1) Will provide the greatest overall benefit to the Nation, 
particularly with respect to food production and recreational 
opportunities, and taking into account the protection of marine 
ecosystems;
    (2) Is prescribed as such on the basis of the maximum sustainable 
yield from the fishery, as reduced by any relevant economic, social, or 
ecological factor; and
    (3) In the case of an overfished fishery, provides for rebuilding to 
a level consistent with producing the maximum sustainable yield in such 
fishery.
    Owner, with respect to any vessel, means:
    (1) Any person who owns that vessel in whole or in part;
    (2) Any charterer of the vessel, whether bareboat, time, or voyage;
    (3) Any person who acts in the capacity of a charterer, including, 
but not limited to, parties to a management agreement, operating 
agreement, or any similar agreement that bestows control over the 
destination, function, or operation of the vessel; or
    (4) Any agent designated as such by a person described in paragraph 
(1), (2), or (3) of this definition.
    Plan Team means a Council working group selected from agencies, 
institutions, and organizations having a role in the research and/or 
management of fisheries, whose primary purpose is to assist the Council 
in the preparation and/or review of FMPs, amendments, and supporting 
documents for the Council, and/or SSC and AP.
    Predominately means, with respect to fishing in a fishery, that more 
fishing on a stock or stocks of fish covered by the FMP occurs, or would 
occur in the absence of regulations, within or beyond the EEZ than 
occurs in the aggregate within the boundaries of all states off the 
coasts of which the fishery is conducted.
    Processing, for the purpose of foreign fishing (subpart F), means 
any operation by an FFV to receive fish from foreign or U.S. fishing 
vessels and/or the preparation of fish, including, but not limited to, 
cleaning, cooking, canning, smoking, salting, drying, or freezing, 
either on the FFV's behalf or to assist other foreign or U.S. fishing 
vessels.
    Product recovery rate (PRR) means a ratio expressed as a percentage 
of the weight of processed product divided by the round weight of fish 
used to produce that amount of product.
    Prohibited species, with respect to a foreign vessel, means any 
species of fish that that vessel is not specifically allocated or 
authorized to retain, including fish caught or received in excess of any 
allocation or authorization.
    Recreational fishing, with respect to a foreign vessel, means any 
fishing from a foreign vessel not operated for profit and not operated 
for the purpose of scientific research. It may not involve the sale, 
barter, or trade of part or all of the catch (see Sec. 600.513).
    Retain on board means to fail to return fish to the sea after a 
reasonable opportunity to sort the catch.
    Region mean one of five NMFS Regional Offices responsible for 
administering the management and development of marine resources in the 
United States in their respective geographical regions.
    Regional Administrator means the Administrator of one of the five 
NMFS Regions described in Table 1 of Sec. 600.502, or a designee. 
Formerly known as Regional Director.
    Regional Program Officer means the NMFS official designated in the 
terms

[[Page 10]]

and conditions of the grant award responsible for monitoring, 
recommending, and reviewing any technical aspects of the application for 
Federal assistance and the award.
    Round weight means the weight of the whole fish before processing or 
removal of any part.
    Secretary means the Secretary of Commerce or a designee.
    Science and Research Director means the Director of one of the five 
NMFS Fisheries Science Centers described in Table 1 of Sec. 600.502 of 
this part, or a designee, also known as Center Director.
    Scientific cruise means the period of time during which a scientific 
research vessel is operated in furtherance of a scientific research 
project, beginning when the vessel leaves port to undertake the project 
and ending when the vessel completes the project as provided for in the 
applicable scientific research plan.
    Scientific research activity is, for the purposes of this part, an 
activity in furtherance of a scientific fishery investigation or study 
that would meet the definition of fishing under the Magnuson-Stevens 
Act, but for the exemption applicable to scientific research activity 
conducted from a scientific research vessel. Scientific research 
activity includes, but is not limited to, sampling, collecting, 
observing, or surveying the fish or fishery resources within the EEZ, at 
sea, on board scientific research vessels, to increase scientific 
knowledge of the fishery resources or their environment, or to test a 
hypothesis as part of a planned, directed investigation or study 
conducted according to methodologies generally accepted as appropriate 
for scientific research. At-sea scientific fishery investigations 
address one or more issues involving taxonomy, biology, physiology, 
behavior, disease, aging, growth, mortality, migration, recruitment, 
distribution, abundance, ecology, stock structure, bycatch, and catch 
estimation of finfish and shellfish (invertebrate) species considered to 
be a component of the fishery resources within the EEZ. Scientific 
research activity does not include the collection and retention of fish 
outside the scope of the applicable research plan, or the testing of 
fishing gear. Data collection designed to capture and land quantities of 
fish or invertebrates for product development, market research, and/or 
public display are not scientific research activities and must be 
permitted under exempted fishing procedures. For foreign vessels, such 
data collection activities are considered scientific research if they 
are carried out in full cooperation with the United States.
    Scientific research plan means a detailed, written formulation, 
prepared in advance of the research, for the accomplishment of a 
scientific research project. At a minimum, a sound scientific research 
plan should include:
    (1) A description of the nature and objectives of the project, 
including the hypothesis or hypotheses to be tested.
    (2) The experimental design of the project, including a description 
of the methods to be used, the type and class of any vessel(s) to be 
used, and a description of sampling equipment.
    (3) The geographical area(s) in which the project is to be 
conducted.
    (4) The expected date of first appearance and final departure of the 
research vessel(s) to be employed, and deployment and removal of 
equipment, as appropriate.
    (5) The expected quantity and species of fish to be taken and their 
intended disposition, and, if significant amounts of a managed species 
or species otherwise restricted by size or sex are needed, an 
explanation of such need.
    (6) The name, address, and telephone/telex/fax number of the 
sponsoring organization and its director.
    (7) The name, address, and telephone/telex/fax number, and 
curriculum vitae of the person in charge of the project and, where 
different, the person in charge of the research project on board the 
vessel.
    (8) The identity of any vessel(s) to be used including, but not 
limited to, the vessel's name, official documentation number and IRCS, 
home port, and name, address, and telephone number of the owner and 
master.
    Scientific research vessel means a vessel owned or chartered by, and 
controlled by, a foreign government agency, U.S. Government agency 
(including NOAA or institutions designated as

[[Page 11]]

federally funded research and development centers), U.S. state or 
territorial agency, university (or other educational institution 
accredited by a recognized national or international accreditation 
body), international treaty organization, or scientific institution. In 
order for a vessel that is owned or chartered and controlled by a 
foreign government to meet this definition, the vessel must have 
scientific research as its exclusive mission during the scientific 
cruise in question and the vessel operations must be conducted in 
accordance with a scientific research plan.
    Scouting means any operation by a vessel exploring (on the behalf of 
an FFV or U.S. fishing vessel) for the presence of fish by visual, 
acoustic, or other means that do not involve the catching of fish.
    State means each of the several states, the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, 
Guam, the Northern Mariana Islands, and any other Commonwealth, 
territory, or possession of the United States.
    State employee means any employee of the state agency responsible 
for developing and monitoring the state's program for marine and/or 
anadromous fisheries.
    Statement of Organization, Practices, and Procedures (SOPP) means a 
statement by each Council describing its organization, practices, and 
procedures as required under section 302(f)(6) of the Magnuson-Stevens 
Act.
    Stock assessment means the process of collecting and analyzing 
biological and statistical information to determine the changes in the 
abundance of fishery stocks in response to fishing, and, to the extent 
possible, to predict future trends of stock abundance. Stock assessments 
are based on resource surveys; knowledge of the habitat requirements, 
life history, and behavior of the species; the use of environmental 
indices to determine impacts on stocks; and catch statistics. Stock 
assessments are used as a basis to ``assess and specify the present and 
probable future condition of a fishery'' (as is required by the 
Magnuson-Stevens Act), and are summarized in the Stock Assessment and 
Fishery Evaluation or similar document.
    Stock Assessment and Fishery Evaluation (SAFE) means a document or 
set of documents that provides Councils with a summary of the most 
recent biological condition of species in an FMU, and the social and 
economic condition of the recreational and commercial fishing industries 
and the fish processing industries. It summarizes, on a periodic basis, 
the best available scientific information concerning the past, present, 
and possible future condition of the stocks and fisheries being managed 
under Federal regulation.
    Substantially (affects) means, for the purpose of subpart G, with 
respect to whether a state's action or omission will substantially 
affect the carrying out of an FMP for a fishery, that those effects are 
important or material, or considerable in degree. The effects of a 
state's action or omission for purposes of this definition include 
effects upon:
    (1) The achievement of the FMP's goals or objectives for the 
fishery;
    (2) The achievement of OY from the fishery on a continuing basis;
    (3) The attainment of the national standards for fishery 
conservation and management (as set forth in section 301(a) of the 
Magnuson-Stevens Act) and compliance with other applicable law; or
    (4) The enforcement of regulations implementing the FMP.
    Support means any operation by a vessel assisting fishing by foreign 
or U.S. vessels, including supplying water, fuel, provisions, fish 
processing equipment, or other supplies to a fishing vessel.
    Total length (TL) means the straight-line distance from the tip of 
the snout to the tip of the tail (caudal fin) while the fish is lying on 
its side, normally extended.
    Transship means offloading and onloading or otherwise transferring 
fish or fish products and/or transporting fish or products made from 
fish.
    Trawl means a cone or funnel-shaped net that is towed through the 
water by one or more vessels.

[[Page 12]]

    U.S. observer or observer means any person serving in the capacity 
of an observer employed by NMFS, either directly or under contract, or 
certified as a supplementary observer by NMFS.
    Vessel of the United States or U.S. vessel means:
    (1) Any vessel documented under chapter 121 of title 46, United 
States Code;
    (2) Any vessel numbered under chapter 123 of title 46, United States 
Code, and measuring less than 5 net tons;
    (3) Any vessel numbered under chapter 123 of title 46, United States 
Code, and used exclusively for pleasure; or
    (4) Any vessel not equipped with propulsion machinery of any kind 
and used exclusively for pleasure.

[61 FR 32540, June 24, 1996, as amended at 62 FR 14646, Mar. 27, 1997; 
62 FR 66551, Dec. 19, 1997; 63 FR 7073, 7075, Feb. 12, 1998 ]



Sec. 600.15  Other acronyms.

    (a) Fishery management terms. (1) ABC--acceptable biological catch
    (2) DAH--estimated domestic annual harvest
    (3) DAP--estimated domestic annual processing
    (4) EIS--environmental impact statement
    (5) EY--equilibrium yield
    (6) FMP--fishery management plan
    (7) JVP--joint venture processing
    (8) MSY--maximum sustainable yield
    (9) PMP--preliminary FMP
    (10) TAC--total allowable catch
    (11) TALFF--total allowable level of foreign fishing
    (b) Legislation. (1) APA--Administrative Procedure Act
    (2) CZMA--Coastal Zone Management Act
    (3) ESA--Endangered Species Act
    (4) FACA--Federal Advisory Committee Act
    (5) FOIA--Freedom of Information Act
    (6) FLSA--Fair Labor Standards Act
    (7) MMPA--Marine Mammal Protection Act
    (8) MPRSA--Marine Protection, Research, and Sanctuaries Act
    (9) NEPA--National Environmental Policy Act
    (10) PA--Privacy Act
    (11) PRA--Paperwork Reduction Act
    (12) RFA--Regulatory Flexibility Act
    (c) Federal agencies. (1) CEQ--Council on Environmental Quality
    (2) DOC--Department of Commerce
    (3) DOI--Department of the Interior
    (4) DOS--Department of State
    (5) EPA--Environmental Protection Agency
    (6) FWS--Fish and Wildlife Service
    (7) GSA--General Services Administration
    (8) NMFS--National Marine Fisheries Service
    (9) NOAA--National Oceanic and Atmospheric Administration
    (10) OMB--Office of Management and Budget
    (11) OPM--Office of Personnel Management
    (12) SBA--Small Business Administration
    (13) USCG--United States Coast Guard

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]



             Subpart B--Regional Fishery Management Councils



Sec. 600.105  Intercouncil boundaries.

    (a) New England and Mid-Atlantic Councils. The boundary begins at 
the intersection point of Connecticut, Rhode Island, and New York at 
41 deg.18'16.249" N. lat. and 71 deg.54'28.477" W. long. and proceeds 
south 37 deg.22'32.75" East to the point of intersection with the 
outward boundary of the EEZ as specified in the Magnuson-Stevens Act.
    (b) Mid-Atlantic and South Atlantic Councils. The boundary begins at 
the seaward boundary between the States of Virginia and North Carolina 
(36 deg.31'00.8" N. lat.), and proceeds due east to the point of 
intersection with the outward boundary of the EEZ as specified in the 
Magnuson-Stevens Act.
    (c) South Atlantic and Gulf of Mexico Councils. The boundary 
coincides with the line of demarcation between the Atlantic Ocean and 
the Gulf of Mexico, which begins at the intersection of the outer 
boundary of the EEZ, as specified in the Magnuson-Stevens Act, and 
83 deg.00' W. long., proceeds northward along that meridian to 
24 deg.35' N. lat., (near the Dry Tortugas Islands), thence eastward 
along that parallel, through Rebecca Shoal and the Quicksand Shoal, to 
the Marquesas Keys, and then

[[Page 13]]

through the Florida Keys to the mainland at the eastern end of Florida 
Bay, the line so running that the narrow waters within the Dry Tortugas 
Islands, the Marquesas Keys and the Florida Keys, and between the 
Florida Keys and the mainland, are within the Gulf of Mexico.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.110  Intercouncil fisheries.

    If any fishery extends beyond the geographical area of authority of 
any one Council, the Secretary may--
    (a) Designate a single Council to prepare the FMP for such fishery 
and any amendments to such FMP, in consultation with the other Councils 
concerned; or
    (b) Require that the FMP and any amendments be prepared jointly by 
all the Councils concerned.
    (1) A jointly prepared FMP or amendment must be adopted by a 
majority of the voting members, present and voting, of each 
participating Council. Different conservation and management measures 
may be developed for specific geographic areas, but the FMP should 
address the entire geographic range of the stock(s).
    (2) In the case of joint FMP or amendment preparation, one Council 
will be designated as the ``administrative lead.'' The ``administrative 
lead'' Council is responsible for the preparation of the FMP or any 
amendments and other required documents for submission to the Secretary.
    (3) None of the Councils involved in joint preparation may withdraw 
without Secretarial approval. If Councils cannot agree on approach or 
management measures within a reasonable period of time, the Secretary 
may designate a single Council to prepare the FMP or may issue the FMP 
under Secretarial authority.



Sec. 600.115  Statement of organization, practices, and procedures (SOPP).

    (a) Councils are required to publish and make available to the 
public a SOPP in accordance with such uniform standards as are 
prescribed by the Secretary (section 302(f)(6)) of the Magnuson-Stevens 
Act. The purpose of the SOPP is to inform the public how the Council 
operates within the framework of the Secretary's uniform standards.
    (b) Amendments to current SOPPs must be consistent with the 
guidelines in this section and the terms and conditions of the 
cooperative agreement, the statutory requirements of the Magnuson-
Stevens Act and other applicable law. Upon approval of a Council's SOPP 
amendment by the Secretary, a Notice of Availability will be published 
in the Federal Register, including an address where the public may write 
to request copies.
    (c) Councils may deviate, where lawful, from the guidelines with 
appropriate supporting rationale, and Secretarial approval of each 
amendment to a SOPP would constitute approval of any such deviations for 
that particular Council.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.120  Employment practices.

    Council members (except for Federal Government officials) and staff 
are not Federal employees subject to OPM regulations. Council staffing 
practices are set forth in each Council's SOPP.



Sec. 600.125  Budgeting, funding, and accounting.

    Each Council's grant activities are governed by OMB Circular A-110 
(Uniform Administrative Requirements for Grants and Agreements with 
Institutions of Higher Education, Hospitals, and other Non-Profit 
Organizations), OMB Circular A-122 (Cost Principles for Non-Profit 
Organizations), 15 CFR Part 29b (Audit Requirements for Institutions of 
Higher Education and Other Nonprofit Organizations), and the terms and 
conditions of the cooperative agreement. (See 5 CFR 1310.3 for 
availability of OMB Circulars.)



Sec. 600.130  Protection of confidentiality of statistics.

    Each Council must establish appropriate procedures for ensuring the 
confidentiality of the statistics that may be submitted to it by Federal 
or state authorities and may be voluntarily submitted to it by private 
persons, including, but not limited to (also see Sec. 600.405):

[[Page 14]]

    (a) Procedures for the restriction of Council member, employee, or 
advisory group access and the prevention of conflicts of interest, 
except that such procedures must be consistent with procedures of the 
Secretary.
    (b) In the case of statistics submitted to the Council by a state, 
the confidentiality laws and regulations of that state.



                      Subpart C--Council Membership



Sec. 600.205  Principal state officials and their designees.

    (a) Only a full-time state employee of the state agency responsible 
for marine and/or anadromous fisheries shall be designated by a 
constituent state Governor as the principal state official for purposes 
of section 302(b) of the Magnuson-Stevens Act. New or revised 
designations by state Governors of principal state officials, and new or 
revised designations by principal state officials of their designees(s), 
must be delivered in writing to the appropriate NMFS Regional 
Administrator at least 48 hours before the individual may vote on any 
issue before the Council. Written designation(s) must indicate the 
employment status of each principal state official and that of his/her 
designee(s), how the official or designee is employed by the state 
fisheries agency, where each individual is employed (business address 
and telephone number), and whether the official's full salary is paid by 
the state.
    (b) A principal state official may name his/her designee(s) to act 
on his/her behalf at Council meetings. Individuals designated to serve 
as designees of a principal state official on a Council, pursuant to 
section 302(b)(1)(A) of the Magnuson-Stevens Act, must be full time 
state employees involved in the development of fisheries management 
policies for that state.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.210  Terms of Council members.

    (a) Voting members (other than principal state officials, the 
Regional Administrators, or their designees) are appointed for a term of 
3 years and, except as discussed in paragraphs (b) and (c) of this 
section, may be reappointed. A voting member's Council service of 18 
months or more during a term of office will be counted as service for 
the entire 3-year term.
    (b) The anniversary date for measuring terms of membership is August 
11. The Secretary may designate a term of appointment shorter than 3 
years, if necessary, to provide for balanced expiration of terms of 
office. Members may not serve more than three consecutive terms.
    (c) A member appointed after January 1, 1986, who has completed 
three consecutive terms will be eligible for appointment to another term 
one full year after completion of the third consecutive term.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]



Sec. 600.215  Appointments.

    (a) Members appointed from Governors' lists. This paragraph applies 
to council members selected by the Secretary from lists submitted by 
Governors pursuant to section 302(b)(2)(C) of the Magnuson-Stevens Act.
    (1) Each year, terms of approximately one-third of the appointed 
members of each Council expire. New members will be appointed, or seated 
members will be reappointed to another term, by the Secretary to fill 
the seats being vacated. The Secretary will select the appointees from 
lists of nominees submitted by March 15 of each year by the Governors of 
the constituent states that are eligible to nominate candidates for that 
vacancy. When an appointed member vacates his/her seat prior to the 
expiration of his/her term, the Secretary will fill the vacancy for the 
remainder of the term by selecting from among the nominees submitted by 
the responsible Governor(s).
    (2) A Governor must submit the names of at least three qualified 
nominees for each applicable vacancy.
    (3) Governors are responsible for ensuring that persons nominated 
for appointment meet the qualification requirements of the Magnuson-
Stevens Act. A Governor must provide a statement explaining how each of 
his or her

[[Page 15]]

nominees meets the qualification requirements; and must provide 
appropriate documentation to the Secretary that each nomination was made 
in consultation with commercial and recreational fishing interests of 
that state, and that each nominee is knowledgeable and experienced, by 
reason of his or her occupational or other experience, scientific 
expertise, or training, in one or more of the following ways related to 
the fishery resources of the geographical area of concern to the 
Council:
    (i) Commercial fishing or the processing or marketing of fish, fish 
products, or fishing equipment;
    (ii) Fishing for pleasure, relaxation, or consumption, or experience 
in any business supporting fishing;
    (iii) Leadership in a state, regional, or national organization 
whose members participate in a fishery in the Council's area of 
authority;
    (iv) The management and conservation of natural resources, including 
related interactions with industry, government bodies, academic 
institutions, and public agencies. This includes experience serving as a 
member of a Council, AP, SSC, or FIAC;
    (v) Representing consumers of fish or fish products through 
participation in local, state, or national organizations, or performing 
other activities specifically related to the education or protection of 
consumers of marine resources; and
    (vi) Teaching, journalism, writing, consulting, legal practice, or 
researching matters related to fisheries, fishery management, and marine 
resource conservation.
    (4) To assist in identifying necessary qualifications, each nominee 
must furnish to the appropriate Governor's office a current resume, or 
equivalent, describing career history--with particular attention to 
experience related to the above criteria. Nominees may provide such 
information in any format they wish. Career and educational history 
information sent to the Governors should also be sent to the NMFS Office 
of Sustainable Fisheries.
    (5) The Secretary will review each list submitted by a Governor to 
ascertain if the individuals on the list are qualified for the vacancy 
on the basis of the criteria prescribed in paragraph (c) of this 
section. If the Secretary determines that any nominee is not qualified, 
the Secretary will notify the appropriate Governor of that 
determination. The Governor shall then submit a revised list or resubmit 
the original list with an additional explanation of the qualifications 
of the nominee in question. The Secretary reserves the right to 
determine whether nominees are qualified.
    (6) There are two categories of seats to which voting members are 
appointed: ``obligatory'' and ``at-large.''
    (i) Each constituent state is entitled to one seat on the Council on 
which it is a member, except that Alaska is entitled to five seats and 
Washington is entitled to two seats on the North Pacific Fishery 
Management Council. When the term of a state's obligatory member is 
expiring, or that seat becomes vacant before the expiration of its term, 
the Governor of that state must submit the names of at least three 
qualified individuals to fill that seat. In order to fill a state's 
obligatory seat, the Secretary may select from any of the nominees for 
such obligatory seat and from the nominees for any at-large seat 
submitted by the Governor of that state. If a Governor fails to provide 
a list of at least three qualified nominees for a seat obligated to that 
Governor's state, then the state's obligatory seat will remain vacant 
until three qualified nominees are submitted by the Governor and acted 
upon by the Secretary.
    (ii) Prior to submitting nominees for appointment to a Council, a 
constituent state Governor must determine if each of his or her nominees 
is a resident of that constituent state. A State Governor may not 
nominate a non-resident of that state for appointment to a Council seat 
obligated to that state. If, at any time during a term, an appointee to 
an obligatory seat changes residency to another state that is not a 
constituent state of that Council, the member may no longer vote as a 
representative of that state and must resign from that obligated seat. 
For purposes of this paragraph (f)(2), a state resident is an individual 
who maintains his/her principal residence within that constituent state 
and, if applicable,

[[Page 16]]

pays income taxes to that state and/or to another appropriate 
jurisdiction within that state.
    (7) When the term of an at-large member is expiring, or that seat 
becomes vacant before the expiration of a term, the Governors of all 
constituent states of that Council must each submit the names of at 
least three qualified individuals to fill that seat.
    (i) In order to fill an at-large seat, the Secretary may select a 
nominee for that seat submitted by any Governor of a constituent state. 
When the terms of both an obligatory member and an at-large member 
expire concurrently, the Governor of the state holding the expiring 
obligatory seat may indicate that the nominees who were not selected for 
appointment to the obligatory seat may be considered for appointment to 
an at-large seat, provided that the resulting total number of nominees 
submitted by that Governor for the expiring at-large seat is no fewer 
than three.
    (ii) If a Governor fails to submit a list of three qualified 
nominees for an available at-large seat within the time allotted, then a 
new at-large member will be appointed from lists of qualified nominees 
submitted by Governors of other constituent states.
    (iii) If a Governor chooses to submit nominations for one or more 
vacant at-large seats on a Council, he or she must submit lists that 
contain at least three different nominees for each vacant seat. In 
making selections to each of the available at-large seats, the Secretary 
will consider all names submitted by the constituent state governors.
    (iv) In filling expiring at-large seats, the Secretary will consider 
only complete slates of nominees submitted by the Governors of the 
Council's constituent states. If nominations are requested to fill more 
than one at-large seat and a Governor elects to nominate a total of four 
candidates, (i.e., a slate of three candidates for one seat and one for 
the other(s)), the set of three candidates will be considered only for 
the first seat, but the two candidates who were not selected will not be 
considered for the other(s). In this case, the only candidates 
considered for the other seat(s) would be derived from the slates 
offered by the Governors of the other states that included three 
different qualified candidates (i.e., candidates who were not considered 
for one of the other seats).
    (v) Governors may nominate residents of another constituent state of 
a Council for appointment to an at-large seat on that Council.
    (vi) The Secretary must, to the extent practicable, ensure a fair 
and balanced apportionment, on a rotating or other basis, of the active 
participants (or their representatives) in the commercial and 
recreational fisheries in the Council's area of authority. Further, the 
Secretary must take action to ensure, to the extent practicable, that 
those persons dependent for their livelihood upon the fisheries in the 
Council's area of authority are fairly represented as voting members.
    (b) Tribal Member. This paragraph applies to the selection of the 
Pacific Fishery Management Council's tribal member as required by 
section 302(b)(5) of the Magnuson-Stevens Act.
    (1) The Secretary shall appoint to the Pacific Fishery Management 
Council one representative of an Indian tribe with federally recognized 
fishing rights from California, Oregon, Washington, or Idaho from a list 
of not less than three individuals submitted by the tribal Governments.
    (2) The Secretary shall solicit nominations of individuals for the 
list referred to in paragraph (b)(1) of this section only from those 
Indian tribes with federally recognized fishing rights from California, 
Oregon, Washington, or Idaho. The Secretary will consult with the Bureau 
of Indian Affairs, Department of the Interior, to determine which Indian 
tribes may submit nominations.
    (3) To assist in assessing the qualifications of each nominee, each 
tribal government must furnish to the NMFS Office of Sustainable 
Fisheries a current resume, or equivalent, describing the nominee's 
qualifications with emphasis on knowledge and experience related to the 
fishery resources affected by recommendations of the Pacific Council. 
Prior service on the Council in a different capacity will not disqualify 
nominees proposed by tribal governments.

[[Page 17]]

    (4) Nominations must be provided to NMFS by March 15 of the year in 
which the term of the current tribal member expires.
    (5) The Secretary shall rotate the appointment among the tribes 
taking into consideration:
    (i) The qualifications of the individuals on the list referred to in 
paragraph (b)(1) of this section.
    (ii) The various rights of the Indian tribes involved and judicial 
cases that set out how those rights are to be exercised.
    (iii) The geographic area in which the tribe of the representative 
is located.
    (iv) No tribal representative shall serve more than three 
consecutive terms in the Indian tribal seat.
    (6) Any vacancy occurring prior to the expiration of any term shall 
be filled in the same manner as described above except that the 
Secretary may use the list referred to in paragraph (b)(1) of this 
section from which the vacating member was chosen.

[61 FR 32540, June 24, 1996, as amended at 62 FR 47586, Sept. 10, 1997; 
63 FR 7073, 7075, Feb. 12, 1998]



Sec. 600.220  Oath of office.

    Each member appointed to a Council must take an oath of office.



Sec. 600.225  Rules of conduct.

    (a) Council members, as Federal office holders, and Council 
employees are subject to most Federal criminal statutes covering 
bribery, conflict-of-interest, disclosure of confidential information, 
and lobbying with appropriated funds.
    (b) The Councils are responsible for maintaining high standards of 
ethical conduct among themselves, their staffs, and their advisory 
groups. In addition to abiding by the applicable Federal conflict of 
interest statutes, both members and employees of the Councils must 
comply with the following standards of conduct:
    (1) No employee of a Council may use his or her official authority 
or influence derived from his or her position with the Council for the 
purpose of interfering with or affecting the result of an election to or 
a nomination for any national, state, county, or municipal elective 
office.
    (2) No employee of a Council may be deprived of employment, 
position, work, compensation, or benefit provided for or made possible 
by the Magnuson-Stevens Act on account of any political activity or lack 
of such activity in support of or in opposition to any candidate or any 
political party in any national, state, county, or municipal election, 
or on account of his or her political affiliation.
    (3) No Council member or employee may pay, offer, promise, solicit, 
or receive from any person, firm, or corporation a contribution of money 
or anything of value in consideration of either support or the use of 
influence or the promise of support or influence in obtaining for any 
person any appointive office, place, or employment under the Council.
    (4) No employee of a Council may have a direct or indirect financial 
interest that conflicts with the fair and impartial conduct of his or 
her Council duties. However, an Executive Director may retain a 
financial interest in harvesting, processing or marketing activities, 
and participate in matters of general public concern on the Council that 
might affect that interest, if that interest has been disclosed in a 
report filed under Sec. 600.235.
    (5) No Council member, employee of a Council, or member of a Council 
advisory group may use or allow the use, for other than official 
purposes, of information obtained through or in connection with his or 
her Council employment that has not been made available to the general 
public.
    (6) No Council member or employee of the Council may engage in 
criminal, infamous, dishonest, notoriously immoral, or disgraceful 
conduct.
    (7) No Council member or employee of the Council may use Council 
property on other than official business. Such property must be 
protected and preserved from improper or deleterious operation or use.
    (8) No Council member may participate--
    (i) Personally and substantially as a member through decision, 
approval, disapproval, recommendation, the rendering of advice, 
investigation, or otherwise in a particular matter primarily

[[Page 18]]

of individual concern, such as a contract, in which he or she has a 
financial interest; or
    (ii) In any matter of general public concern that is likely to have 
a direct and predictable effect on a member's financial interest, unless 
that interest is in harvesting, processing, or marketing activities and 
has been disclosed in a report filed under Sec. 600.235. For purposes of 
this section, the member's financial interest includes that of the 
member's spouse; minor child; partner; organization in which the member 
is serving as officer, director, trustee, partner or employee; or any 
person or organization with whom the member is negotiating or has any 
arrangement concerning prospective employment.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.230  Removal.

    The Secretary may remove for cause any Secretarially appointed 
member of a Council in accordance with section 302(b)(6) of the 
Magnuson-Stevens Act, wherein the Council concerned first recommends 
removal of that member by not less than two-thirds of the voting 
members. A recommendation of a Council to remove a member must be made 
in writing to the Secretary and accompanied by a statement of the 
reasons upon which the recommendation is based.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]



Sec. 600.235  Financial disclosure.

    (a) The Magnuson-Stevens Act requires the disclosure by each Council 
nominee, voting member appointed to the Council by the Secretary, and 
Executive Director, of any financial interest of the reporting 
individual in any harvesting, processing, or marketing activity that is 
being, or will be, undertaken within any fishery under the authority of 
the individual's Council, and of any such financial interest of the 
reporting individual's spouse, minor child, partner, or any organization 
(other than the Council) in which that individual is serving as an 
officer, director, trustee, partner, or employee. The information 
required to be reported must be disclosed on NOAA Form 88-195, 
``Statement of Financial Interests for Use by Voting Members, Nominees, 
and Executive Directors of Regional Fishery Management Councils'' 
(Financial Interest Form), or such other form as the Secretary may 
prescribe. The report must be filed by each nominee for Secretarial 
appointment with the Assistant Administrator by April 15 or, if 
nominated after March 15, 1 month after nomination by the Governor. A 
seated voting member appointed by the Secretary, or an Executive 
Director, must file a Financial Interest Form within 45 days of taking 
office; must update his or her statement within 30 days of acquiring any 
such financial interest, or of substantially changing a financial 
interest; and must update his/her statement annually and file that 
update by February 1 of each year with the Executive Director of the 
appropriate Council, and concurrently provide copies of such documents 
to the NMFS Regional Administrator for the geographic area concerned. 
The completed Financial Interest Forms will be kept on file, and made 
available for public inspection at reasonable hours at the Council 
offices. In addition, the statements will be made available at each 
public Council meeting or hearing.
    (b) The provisions of 18 U.S.C. 208 do not apply to an individual 
who has filed a financial report under this section regarding an 
interest that has been reported.
    (c) By February 1 of each year, Councils must forward copies of the 
completed disclosure from each current Council member and Executive 
Director to the Director, Office of Sustainable Fisheries, NMFS. 
Councils must also include any updates in disclosures, as well as 
revisions required for changes of interests.
    (d) Councils must retain the disclosure forms for each member for at 
least 5 years after the expiration of that member's last term.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, 7075, Feb. 12, 
1998]



Sec. 600.240  Security assurances.

    (a) DOC/OS will issue security assurances to Council nominees and 
members following completion of background checks. Security assurances

[[Page 19]]

will be valid for 5 years from the date of issuance. A security 
assurance will not entitle the member to access classified data. In 
instances in which Council members may need to discuss, at closed 
meetings, materials classified for national security purposes, the 
agency or individual (e.g., DOS, USCG) providing such classified 
information will be responsible for ensuring that Council members and 
other attendees have the appropriate security clearances.
    (b) Each nominee to a Council is required to complete a 
Certification of Status form (``form''). All nominees must certify, 
pursuant to the Foreign Agents Registration Act of 1938, whether they 
serve as an agent of a foreign principal. Each nominee must certify, 
date, sign, and return the form with his or her completed nomination 
kit. Nominees will not be considered for appointment to a Council if 
they have not filed this form. Any nominee who currently is an agent of 
a foreign principal will not be eligible for appointment to a Council, 
and therefore should not be nominated by a Governor for appointment.



Sec. 600.245  Council member compensation.

    (a) The obligatory and at-large voting members of each Council 
appointed under section 302(b)(1)(C) of the Magnuson-Stevens Act who are 
not employed by the Federal Government or any state or local government 
(i.e., any member who does not receive compensation from any such 
government for the period when performing duties as a Council member) 
shall receive compensation at 1.2 times the daily rate for a GS-15 (Step 
1) of the General Schedule (without locality pay) when engaged in actual 
performance of duties as assigned by the Chair of the Council. Actual 
performance of duties, for the purposes of compensation, may include 
travel time.
    (b) All voting Council members whose eligibility for compensation 
has been established in accordance with NOAA guidelines will be paid 
through the cooperative agreement as a direct line item on a contractual 
basis without deductions being made for Social Security or Federal and 
state income taxes. A report of compensation will be furnished each year 
by the member's Council to the proper Regional Program Officer, as 
required by the Internal Revenue Service. Such compensation may be paid 
on a full day's basis, whether in excess of 8 hours a day or less than 8 
hours a day. The time is compensable where the individual member is 
required to expend a significant private effort that substantially 
disrupts the daily routine to the extent that a work day is lost to the 
member. ``Homework'' time in preparation for formal Council meetings is 
not compensable.
    (c) Non-government Council members receive compensation for:
    (1) Days spent in actual attendance at a meeting of the Council or 
jointly with another Council.
    (2) Travel on the day preceding or following a scheduled meeting 
that precluded the member from conducting his normal business on the day 
in question.
    (3) Meetings of standing committees of the Council if approved in 
advance by the Chair.
    (4) Individual member meeting with scientific and technical 
advisors, when approved in advance by the Chair and a substantial 
portion of any day is spent at the meeting.
    (5) Conducting or attending hearings, when authorized in advance by 
the Chair.
    (6) Other meetings involving Council business when approved in 
advance by the Chair.
    (d) The Executive Director of each Council must submit to the 
appropriate Regional Office annually a report, approved by the Council 
Chair, of Council member compensation authorized. This report shall 
identify, for each member, amount paid, dates, and location and purpose 
of meetings attended.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



                      Subpart D--National Standards



Sec. 600.305  General.

    (a) Purpose. (1) This subpart establishes guidelines, based on the 
national standards, to assist in the development and review of FMPs, 
amendments, and

[[Page 20]]

regulations prepared by the Councils and the Secretary.
    (2) In developing FMPs, the Councils have the initial authority to 
ascertain factual circumstances, to establish management objectives, and 
to propose management measures that will achieve the objectives. The 
Secretary will determine whether the proposed management objectives and 
measures are consistent with the national standards, other provisions of 
the Magnuson-Stevens Act, and other applicable law. The Secretary has an 
obligation under section 301(b) of the Magnuson-Stevens Act to inform 
the Councils of the Secretary's interpretation of the national standards 
so that they will have an understanding of the basis on which FMPs will 
be reviewed.
    (3) The national standards are statutory principles that must be 
followed in any FMP. The guidelines summarize Secretarial 
interpretations that have been, and will be, applied under these 
principles. The guidelines are intended as aids to decisionmaking; FMPs 
formulated according to the guidelines will have a better chance for 
expeditious Secretarial review, approval, and implementation. FMPs that 
are in substantial compliance with the guidelines, the Magnuson-Stevens 
Act, and other applicable law must be approved.
    (b) Fishery management objectives. (1) Each FMP, whether prepared by 
a Council or by the Secretary, should identify what the FMP is designed 
to accomplish (i.e., the management objectives to be attained in 
regulating the fishery under consideration). In establishing objectives, 
Councils balance biological constraints with human needs, reconcile 
present and future costs and benefits, and integrate the diversity of 
public and private interests. If objectives are in conflict, priorities 
should be established among them.
    (2) How objectives are defined is important to the management 
process. Objectives should address the problems of a particular fishery. 
The objectives should be clearly stated, practicably attainable, framed 
in terms of definable events and measurable benefits, and based upon a 
comprehensive rather than a fragmentary approach to the problems 
addressed. An FMP should make a clear distinction between objectives and 
the management measures chosen to achieve them. The objectives of each 
FMP provide the context within which the Secretary will judge the 
consistency of an FMP's conservation and management measures with the 
national standards.
    (c) Word usage. The word usage refers to all regulations in this 
subpart.
    (1) Must is used, instead of ``shall'', to denote an obligation to 
act; it is used primarily when referring to requirements of the 
Magnuson-Stevens Act, the logical extension thereof, or of other 
applicable law.
    (2) Shall is used only when quoting statutory language directly, to 
avoid confusion with the future tense.
    (3) Should is used to indicate that an action or consideration is 
strongly recommended to fulfill the Secretary's interpretation of the 
Magnuson-Stevens Act, and is a factor reviewers will look for in 
evaluating a SOPP or FMP.
    (4) May is used in a permissive sense.
    (5) May not is proscriptive; it has the same force as ``must not.''
    (6) Will is used descriptively, as distinguished from denoting an 
obligation to act or the future tense.
    (7) Could is used when giving examples, in a hypothetical, 
permissive sense.
    (8) Can is used to mean ``is able to,'' as distinguished from 
``may.''
    (9) Examples are given by way of illustration and further 
explanation. They are not inclusive lists; they do not limit options.
    (10) Analysis, as a paragraph heading, signals more detailed 
guidance as to the type of discussion and examination an FMP should 
contain to demonstrate compliance with the standard in question.
    (11) Council includes the Secretary, as applicable, when preparing 
FMPs or amendments under section 304(c) and (g) of the Magnuson-Stevens 
Act.
    (12) Stock or stock complex is used as a synonym for ``fishery'' in 
the sense of the Magnuson-Stevens Act's first definition of the term; 
that is, as ``one or more stocks of fish that can be treated as a unit 
for purposes of conservation

[[Page 21]]

and management and that are identified on the basis of geographic, 
scientific, technical, recreational, or economic characteristics,'' as 
distinguished from the Magnuson-Stevens Act's second definition of 
fishery as ``any fishing for such stocks.''

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 24229, May 1, 1998]



Sec. 600.310  National Standard 1--Optimum Yield.

    (a) Standard 1. Conservation and management measures shall prevent 
overfishing while achieving, on a continuing basis, the OY from each 
fishery for the U.S. fishing industry.
    (b) General. The determination of OY is a decisional mechanism for 
resolving the Magnuson-Stevens Act's multiple purposes and policies, 
implementing an FMP's objectives, and balancing the various interests 
that comprise the national welfare. OY is based on MSY, or on MSY as it 
may be reduced under paragraph (f)(3) of this section. The most 
important limitation on the specification of OY is that the choice of OY 
and the conservation and management measures proposed to achieve it must 
prevent overfishing.
    (c) MSY. Each FMP should include an estimate of MSY as explained in 
this section.
    (1) Definitions. (i) ``MSY'' is the largest long-term average catch 
or yield that can be taken from a stock or stock complex under 
prevailing ecological and environmental conditions.
    (ii) ``MSY control rule'' means a harvest strategy which, if 
implemented, would be expected to result in a long-term average catch 
approximating MSY.
    (iii) ``MSY stock size'' means the long-term average size of the 
stock or stock complex, measured in terms of spawning biomass or other 
appropriate units, that would be achieved under an MSY control rule in 
which the fishing mortality rate is constant.
    (2) Options in specifying MSY. (i) Because MSY is a theoretical 
concept, its estimation in practice is conditional on the choice of an 
MSY control rule. In choosing an MSY control rule, Councils should be 
guided by the characteristics of the fishery, the FMP's objectives, and 
the best scientific information available. The simplest MSY control rule 
is to remove a constant catch in each year that the estimated stock size 
exceeds an appropriate lower bound, where this catch is chosen so as to 
maximize the resulting long-term average yield. Other examples include 
the following: Remove a constant fraction of the biomass in each year, 
where this fraction is chosen so as to maximize the resulting long-term 
average yield; allow a constant level of escapement in each year, where 
this level is chosen so as to maximize the resulting long-term average 
yield; vary the fishing mortality rate as a continuous function of stock 
size, where the parameters of this function are constant and chosen so 
as to maximize the resulting long-term average yield. In any MSY control 
rule, a given stock size is associated with a given level of fishing 
mortality and a given level of potential harvest, where the long-term 
average of these potential harvests provides an estimate of MSY.
    (ii) Any MSY values used in determining OY will necessarily be 
estimates, and these will typically be associated with some level of 
uncertainty. Such estimates must be based on the best scientific 
information available (see Sec. 600.315) and must incorporate 
appropriate consideration of risk (see Sec. 600.335). Beyond these 
requirements, however, Councils have a reasonable degree of latitude in 
determining which estimates to use and how these estimates are to be 
expressed. For example, a point estimate of MSY may be expressed by 
itself or together with a confidence interval around that estimate.
    (iii) In the case of a mixed-stock fishery, MSY should be specified 
on a stock-by-stock basis. However, where MSY cannot be specified for 
each stock, then MSY may be specified on the basis of one or more 
species as an indicator for the mixed stock as a whole or for the 
fishery as a whole.
    (iv) Because MSY is a long-term average, it need not be estimated 
annually, but it must be based on the best scientific information 
available, and should be re-estimated as required by changes in 
environmental or ecological

[[Page 22]]

conditions or new scientific information.
    (3) Alternatives to specifying MSY. When data are insufficient to 
estimate MSY directly, Councils should adopt other measures of 
productive capacity that can serve as reasonable proxies for MSY, to the 
extent possible. Examples include various reference points defined in 
terms of relative spawning per recruit. For instance, the fishing 
mortality rate that reduces the long-term average level of spawning per 
recruit to 30-40 percent of the long-term average that would be expected 
in the absence of fishing may be a reasonable proxy for the MSY fishing 
mortality rate. The long-term average stock size obtained by fishing 
year after year at this rate under average recruitment may be a 
reasonable proxy for the MSY stock size, and the long-term average catch 
so obtained may be a reasonable proxy for MSY. The natural mortality 
rate may also be a reasonable proxy for the MSY fishing mortality rate. 
If a reliable estimate of pristine stock size (i.e., the long-term 
average stock size that would be expected in the absence of fishing) is 
available, a stock size approximately 40 percent of this value may be a 
reasonable proxy for the MSY stock size, and the product of this stock 
size and the natural mortality rate may be a reasonable proxy for MSY.
    (d) Overfishing--(1) Definitions. (i) ``To overfish'' means to fish 
at a rate or level that jeopardizes the capacity of a stock or stock 
complex to produce MSY on a continuing basis.
    (ii) ``Overfishing'' occurs whenever a stock or stock complex is 
subjected to a rate or level of fishing mortality that jeopardizes the 
capacity of a stock or stock complex to produce MSY on a continuing 
basis.
    (iii) In the Magnuson-Stevens Act, the term ``overfished'' is used 
in two senses: First, to describe any stock or stock complex that is 
subjected to a rate or level of fishing mortality meeting the criterion 
in paragraph (d)(1)(i) of this section, and second, to describe any 
stock or stock complex whose size is sufficiently small that a change in 
management practices is required in order to achieve an appropriate 
level and rate of rebuilding. To avoid confusion, this section uses 
``overfished'' in the second sense only.
    (2) Specification of status determination criteria. Each FMP must 
specify, to the extent possible, objective and measurable status 
determination criteria for each stock or stock complex covered by that 
FMP and provide an analysis of how the status determination criteria 
were chosen and how they relate to reproductive potential. Status 
determination criteria must be expressed in a way that enables the 
Council and the Secretary to monitor the stock or stock complex and 
determine annually whether overfishing is occurring and whether the 
stock or stock complex is overfished. In all cases, status determination 
criteria must specify both of the following:
    (i) A maximum fishing mortality threshold or reasonable proxy 
thereof. The fishing mortality threshold may be expressed either as a 
single number or as a function of spawning biomass or other measure of 
productive capacity. The fishing mortality threshold must not exceed the 
fishing mortality rate or level associated with the relevant MSY control 
rule. Exceeding the fishing mortality threshold for a period of 1 year 
or more constitutes overfishing.
    (ii) A minimum stock size threshold or reasonable proxy thereof. The 
stock size threshold should be expressed in terms of spawning biomass or 
other measure of productive capacity. To the extent possible, the stock 
size threshold should equal whichever of the following is greater: One-
half the MSY stock size, or the minimum stock size at which rebuilding 
to the MSY level would be expected to occur within 10 years if the stock 
or stock complex were exploited at the maximum fishing mortality 
threshold specified under paragraph (d)(2)(i) of this section. Should 
the actual size of the stock or stock complex in a given year fall below 
this threshold, the stock or stock complex is considered overfished.
    (3) Relationship of status determination criteria to other national 
standards--(i) National standard 2. Status determination criteria must 
be based on the best scientific information available (see 
Sec. 600.315). When data are insufficient to estimate MSY, Councils 
should base

[[Page 23]]

status determination criteria on reasonable proxies thereof to the 
extent possible (also see paragraph (c)(3) of this section). In cases 
where scientific data are severely limited, effort should also be 
directed to identifying and gathering the needed data.
    (ii) National standard 3. The requirement to manage interrelated 
stocks of fish as a unit or in close coordination notwithstanding (see 
Sec. 600.320), status determination criteria should generally be 
specified in terms of the level of stock aggregation for which the best 
scientific information is available (also see paragraph (c)(2)(iii) of 
this section).
    (iii) National standard 6. Councils must build into the status 
determination criteria appropriate consideration of risk, taking into 
account uncertainties in estimating harvest, stock conditions, life 
history parameters, or the effects of environmental factors (see 
Sec. 600.335).
    (4) Relationship of status determination criteria to environmental 
change. Some short-term environmental changes can alter the current size 
of a stock or stock complex without affecting the long-term productive 
capacity of the stock or stock complex. Other environmental changes 
affect both the current size of the stock or stock complex and the long-
term productive capacity of the stock or stock complex.
    (i) If environmental changes cause a stock or stock complex to fall 
below the minimum stock size threshold without affecting the long-term 
productive capacity of the stock or stock complex, fishing mortality 
must be constrained sufficiently to allow rebuilding within an 
acceptable time frame (also see paragraph (e)(4)(ii) of this section). 
Status determination criteria need not be respecified.
    (ii) If environmental changes affect the long-term productive 
capacity of the stock or stock complex, one or more components of the 
status determination criteria must be respecified. Once status 
determination criteria have been respecified, fishing mortality may or 
may not have to be reduced, depending on the status of the stock or 
stock complex with respect to the new criteria.
    (iii) If manmade environmental changes are partially responsible for 
a stock or stock complex being in an overfished condition, in addition 
to controlling effort, Councils should recommend restoration of habitat 
and other ameliorative programs, to the extent possible (see also the 
guidelines issued pursuant to section 305(b) of the Magnuson-Stevens Act 
for Council actions concerning essential fish habitat).
    (5) Secretarial approval of status determination criteria. 
Secretarial approval or disapproval of proposed status determination 
criteria will be based on consideration of whether the proposal:
    (i) Has sufficient scientific merit.
    (ii) Contains the elements described in paragraph (d)(2) of this 
section.
    (iii) Provides a basis for objective measurement of the status of 
the stock or stock complex against the criteria.
    (iv) Is operationally feasible.
    (6) Exceptions. There are certain limited exceptions to the 
requirement to prevent overfishing. Harvesting one species of a mixed-
stock complex at its optimum level may result in the overfishing of 
another stock component in the complex. A Council may decide to permit 
this type of overfishing only if all of the following conditions are 
satisfied:
    (i) It is demonstrated by analysis (paragraph (f)(6) of this 
section) that such action will result in long-term net benefits to the 
Nation.
    (ii) It is demonstrated by analysis that mitigating measures have 
been considered and that a similar level of long-term net benefits 
cannot be achieved by modifying fleet behavior, gear selection/
configuration, or other technical characteristic in a manner such that 
no overfishing would occur.
    (iii) The resulting rate or level of fishing mortality will not 
cause any species or evolutionarily significant unit thereof to require 
protection under the ESA.
    (e) Ending overfishing and rebuilding overfished stocks-- (1) 
Definition. A threshold, either maximum fishing mortality or minimum 
stock size, is being ``approached'' whenever it is projected that the 
threshold will be breached within 2 years, based on trends in fishing 
effort, fishery resource size, and other appropriate factors.

[[Page 24]]

    (2) Notification. The Secretary will immediately notify a Council 
and request that remedial action be taken whenever the Secretary 
determines that:
    (i) Overfishing is occurring;
    (ii) A stock or stock complex is overfished;
    (iii) The rate or level of fishing mortality for a stock or stock 
complex is approaching the maximum fishing mortality threshold;
    (iv) A stock or stock complex is approaching its minimum stock size 
threshold; or
    (v) Existing remedial action taken for the purpose of ending 
previously identified overfishing or rebuilding a previously identified 
overfished stock or stock complex has not resulted in adequate progress.
    (3) Council action. Within 1 year of such time as the Secretary may 
identify that overfishing is occurring, that a stock or stock complex is 
overfished, or that a threshold is being approached, or such time as a 
Council may be notified of the same under paragraph (e)(2) of this 
section, the Council must take remedial action by preparing an FMP, FMP 
amendment, or proposed regulations. This remedial action must be 
designed to accomplish all of the following purposes that apply:
    (i) If overfishing is occurring, the purpose of the action is to end 
overfishing.
    (ii) If the stock or stock complex is overfished, the purpose of the 
action is to rebuild the stock or stock complex to the MSY level within 
an appropriate time frame.
    (iii) If the rate or level of fishing mortality is approaching the 
maximum fishing mortality threshold (from below), the purpose of the 
action is to prevent this threshold from being reached.
    (iv) If the stock or stock complex is approaching the minimum stock 
size threshold (from above), the purpose of the action is to prevent 
this threshold from being reached.
    (4) Constraints on Council action. (i) In cases where overfishing is 
occurring, Council action must be sufficient to end overfishing.
    (ii) In cases where a stock or stock complex is overfished, Council 
action must specify a time period for rebuilding the stock or stock 
complex that satisfies the requirements of section 304(e)(4)(A) of the 
Magnuson-Stevens Act.
    (A) A number of factors enter into the specification of the time 
period for rebuilding:
    (1) The status and biology of the stock or stock complex;
    (2) Interactions between the stock or stock complex and other 
components of the marine ecosystem (also referred to as ``other 
environmental conditions'');
    (3) The needs of fishing communities;
    (4) Recommendations by international organizations in which the 
United States participates; and
    (5) Management measures under an international agreement in which 
the United States participates.
    (B) These factors enter into the specification of the time period 
for rebuilding as follows:
    (1) The lower limit of the specified time period for rebuilding is 
determined by the status and biology of the stock or stock complex and 
its interactions with other components of the marine ecosystem, and is 
defined as the amount of time that would be required for rebuilding if 
fishing mortality were eliminated entirely.
    (2) If the lower limit is less than 10 years, then the specified 
time period for rebuilding may be adjusted upward to the extent 
warranted by the needs of fishing communities and recommendations by 
international organizations in which the United States participates, 
except that no such upward adjustment can result in the specified time 
period exceeding 10 years, unless management measures under an 
international agreement in which the United States participates dictate 
otherwise.
    (3) If the lower limit is 10 years or greater, then the specified 
time period for rebuilding may be adjusted upward to the extent 
warranted by the needs of fishing communities and recommendations by 
international organizations in which the United States participates, 
except that no such upward adjustment can exceed the rebuilding period 
calculated in the absence of fishing mortality, plus one mean generation 
time

[[Page 25]]

or equivalent period based on the species' life-history characteristics. 
For example, suppose a stock could be rebuilt within 12 years in the 
absence of any fishing mortality, and has a mean generation time of 8 
years. The rebuilding period, in this case, could be as long as 20 
years.
    (C) A rebuilding program undertaken after May 1, 1998 commences as 
soon as the first measures to rebuild the stock or stock complex are 
implemented.
    (D) In the case of rebuilding plans that were already in place as of 
May 1, 1998, such rebuilding plans must be reviewed to determine whether 
they are in compliance with all requirements of the Magnuson-Stevens 
Act, as amended by the Sustainable Fisheries Act.
    (iii) For fisheries managed under an international agreement, 
Council action must reflect traditional participation in the fishery, 
relative to other nations, by fishermen of the United States.
    (5) Interim measures. The Secretary, on his/her own initiative or in 
response to a Council request, may implement interim measures to reduce 
overfishing under section 305(c) of the Magnuson-Stevens Act, until such 
measures can be replaced by an FMP, FMP amendment, or regulations taking 
remedial action.
    (i) These measures may remain in effect for no more than 180 days, 
but may be extended for an additional 180 days if the public has had an 
opportunity to comment on the measures and, in the case of Council-
recommended measures, the Council is actively preparing an FMP, FMP 
amendment, or proposed regulations to address overfishing on a permanent 
basis. Such measures, if otherwise in compliance with the provisions of 
the Magnuson-Stevens Act, may be implemented even though they are not 
sufficient by themselves to stop overfishing of a fishery.
    (ii) If interim measures are made effective without prior notice and 
opportunity for comment, they should be reserved for exceptional 
situations, because they affect fishermen without providing the usual 
procedural safeguards. A Council recommendation for interim measures 
without notice-and-comment rulemaking will be considered favorably if 
the short-term benefits of the measures in reducing overfishing outweigh 
the value of advance notice, public comment, and deliberative 
consideration of the impacts on participants in the fishery.
    (f) OY--(1) Definitions. (i) The term ``optimum,'' with respect to 
the yield from a fishery, means the amount of fish that will provide the 
greatest overall benefit to the Nation, particularly with respect to 
food production and recreational opportunities and taking into account 
the protection of marine ecosystems; that is prescribed on the basis of 
the MSY from the fishery, as reduced by any relevant economic, social, 
or ecological factor; and, in the case of an overfished fishery, that 
provides for rebuilding to a level consistent with producing the MSY in 
such fishery.
    (ii) In national standard 1, use of the phrase ``achieving, on a 
continuing basis, the OY from each fishery'' means producing, from each 
fishery, a long-term series of catches such that the average catch is 
equal to the average OY and such that status determination criteria are 
met.
    (2) Values in determination. In determining the greatest benefit to 
the Nation, these values that should be weighed are food production, 
recreational opportunities, and protection afforded to marine 
ecosystems. They should receive serious attention when considering the 
economic, social, or ecological factors used in reducing MSY to obtain 
OY.
    (i) The benefits of food production are derived from providing 
seafood to consumers, maintaining an economically viable fishery 
together with its attendant contributions to the national, regional, and 
local economies, and utilizing the capacity of the Nation's fishery 
resources to meet nutritional needs.
    (ii) The benefits of recreational opportunities reflect the quality 
of both the recreational fishing experience and non-consumptive fishery 
uses such as ecotourism, fish watching, and recreational diving, and the 
contribution of recreational fishing to the national, regional, and 
local economies and food supplies.
    (iii) The benefits of protection afforded to marine ecosystems are 
those

[[Page 26]]

resulting from maintaining viable populations (including those of 
unexploited species), maintaining evolutionary and ecological processes 
(e.g., disturbance regimes, hydrological processes, nutrient cycles), 
maintaining the evolutionary potential of species and ecosystems, and 
accommodating human use.
    (3) Factors relevant to OY. Because fisheries have finite 
capacities, any attempt to maximize the measures of benefit described in 
paragraph (f)(2) of this section will inevitably encounter practical 
constraints. One of these is MSY. Moreover, various factors can 
constrain the optimum level of catch to a value less than MSY. The 
Magnuson-Stevens Act's definition of OY identifies three categories of 
such factors: Social, economic, and ecological. Not every factor will be 
relevant in every fishery. For some fisheries, insufficient information 
may be available with respect to some factors to provide a basis for 
corresponding reductions in MSY.
    (i) Social factors. Examples are enjoyment gained from recreational 
fishing, avoidance of gear conflicts and resulting disputes, 
preservation of a way of life for fishermen and their families, and 
dependence of local communities on a fishery. Other factors that may be 
considered include the cultural place of subsistence fishing, 
obligations under Indian treaties, and worldwide nutritional needs.
    (ii) Economic factors. Examples are prudent consideration of the 
risk of overharvesting when a stock's size or productive capacity is 
uncertain, satisfaction of consumer and recreational needs, and 
encouragement of domestic and export markets for U.S.-harvested fish. 
Other factors that may be considered include the value of fisheries, the 
level of capitalization, the decrease in cost per unit of catch afforded 
by an increase in stock size, and the attendant increase in catch per 
unit of effort, alternate employment opportunities, and economies of 
coastal areas.
    (iii) Ecological factors. Examples are stock size and age 
composition, the vulnerability of incidental or unregulated stocks in a 
mixed-stock fishery, predator-prey or competitive interactions, and 
dependence of marine mammals and birds or endangered species on a stock 
of fish. Also important are ecological or environmental conditions that 
stress marine organisms, such as natural and manmade changes in wetlands 
or nursery grounds, and effects of pollutants on habitat and stocks.
    (4) Specification. (i) The amount of fish that constitutes the OY 
should be expressed in terms of numbers or weight of fish. However, OY 
may be expressed as a formula that converts periodic stock assessments 
into target harvest levels; in terms of an annual harvest of fish or 
shellfish having a minimum weight, length, or other measurement; or as 
an amount of fish taken only in certain areas, in certain seasons, with 
particular gear, or by a specified amount of fishing effort.
    (ii) Either a range or a single value may be specified for OY. 
Specification of a numerical, fixed-value OY does not preclude use of 
annual target harvest levels that vary with stock size. Such target 
harvest levels may be prescribed on the basis of an OY control rule 
similar to the MSY control rule described in paragraph (c)(1)(ii) of 
this section, but designed to achieve OY on average, rather than MSY. 
The annual harvest level obtained under an OY control rule must always 
be less than or equal to the harvest level that would be obtained under 
the MSY control rule.
    (iii) All fishing mortality must be counted against OY, including 
that resulting from bycatch, scientific research, and any other fishing 
activities.
    (iv) The OY specification should be translatable into an annual 
numerical estimate for the purposes of establishing any TALFF and 
analyzing impacts of the management regime. There should be a mechanism 
in the FMP for periodic reassessment of the OY specification, so that it 
is responsive to changing circumstances in the fishery.
    (v) The determination of OY requires a specification of MSY, which 
may not always be possible or meaningful. However, even where sufficient 
scientific data as to the biological characteristics of the stock do not 
exist, or where

[[Page 27]]

the period of exploitation or investigation has not been long enough for 
adequate understanding of stock dynamics, or where frequent large-scale 
fluctuations in stock size diminish the meaningfulness of the MSY 
concept, the OY must still be based on the best scientific information 
available. When data are insufficient to estimate MSY directly, Councils 
should adopt other measures of productive capacity that can serve as 
reasonable proxies for MSY to the extent possible (also see paragraph 
(c)(3) of this section).
    (vi) In a mixed-stock fishery, specification of a fishery-wide OY 
may be accompanied by management measures establishing separate annual 
target harvest levels for the individual stocks. In such cases, the sum 
of the individual target levels should not exceed OY.
    (5) OY and the precautionary approach. In general, Councils should 
adopt a precautionary approach to specification of OY. A precautionary 
approach is characterized by three features:
    (i) Target reference points, such as OY, should be set safely below 
limit reference points, such as the catch level associated with the 
fishing mortality rate or level defined by the status determination 
criteria. Because it is a target reference point, OY does not constitute 
an absolute ceiling, but rather a desired result. An FMP must contain 
conservation and management measures to achieve OY, and provisions for 
information collection that are designed to determine the degree to 
which OY is achieved on a continuing basis--that is, to result in a 
long-term average catch equal to the long-term average OY, while meeting 
the status determination criteria. These measures should allow for 
practical and effective implementation and enforcement of the management 
regime, so that the harvest is allowed to reach OY, but not to exceed OY 
by a substantial amount. The Secretary has an obligation to implement 
and enforce the FMP so that OY is achieved. If management measures prove 
unenforceable--or too restrictive, or not rigorous enough to realize 
OY--they should be modified; an alternative is to reexamine the adequacy 
of the OY specification. Exceeding OY does not necessarily constitute 
overfishing. However, even if no overfishing resulted from exceeding OY, 
continual harvest at a level above OY would violate national standard 1, 
because OY was not achieved on a continuing basis.
    (ii) A stock or stock complex that is below the size that would 
produce MSY should be harvested at a lower rate or level of fishing 
mortality than if the stock or stock complex were above the size that 
would produce MSY.
    (iii) Criteria used to set target catch levels should be explicitly 
risk averse, so that greater uncertainty regarding the status or 
productive capacity of a stock or stock complex corresponds to greater 
caution in setting target catch levels. Part of the OY may be held as a 
reserve to allow for factors such as uncertainties in estimates of stock 
size and DAH. If an OY reserve is established, an adequate mechanism 
should be included in the FMP to permit timely release of the reserve to 
domestic or foreign fishermen, if necessary.
    (6) Analysis. An FMP must contain an assessment of how its OY 
specification was determined (section 303(a)(3) of the Magnuson-Stevens 
Act). It should relate the explanation of overfishing in paragraph (d) 
of this section to conditions in the particular fishery and explain how 
its choice of OY and conservation and management measures will prevent 
overfishing in that fishery. A Council must identify those economic, 
social, and ecological factors relevant to management of a particular 
fishery, then evaluate them to determine the amount, if any, by which 
MSY exceeds OY. The choice of a particular OY must be carefully defined 
and documented to show that the OY selected will produce the greatest 
benefit to the Nation. If overfishing is permitted under paragraph 
(d)(6) of this section, the assessment must contain a justification in 
terms of overall benefits, including a comparison of benefits under 
alternative management measures, and an analysis of the risk of any 
species or ecologically significant unit thereof reaching a threatened 
or endangered status, as well as the risk of any stock or stock complex 
falling below its minimum stock size threshold.
    (7) OY and foreign fishing. Section 201(d) of the Magnuson-Stevens 
Act

[[Page 28]]

provides that fishing by foreign nations is limited to that portion of 
the OY that will not be harvested by vessels of the United States.
    (i) DAH. Councils must consider the capacity of, and the extent to 
which, U.S. vessels will harvest the OY on an annual basis. Estimating 
the amount that U.S. fishing vessels will actually harvest is required 
to determine the surplus.
    (ii) DAP. Each FMP must assess the capacity of U.S. processors. It 
must also assess the amount of DAP, which is the sum of two estimates: 
The estimated amount of U.S. harvest that domestic processors will 
process, which may be based on historical performance or on surveys of 
the expressed intention of manufacturers to process, supported by 
evidence of contracts, plant expansion, or other relevant information; 
and the estimated amount of fish that will be harvested by domestic 
vessels, but not processed (e.g., marketed as fresh whole fish, used for 
private consumption, or used for bait).
    (iii) JVP. When DAH exceeds DAP, the surplus is available for JVP. 
JVP is derived from DAH.

[63 FR 24229, May 1, 1998]



Sec. 600.315  National Standard 2--Scientific Information.

    (a) Standard 2. Conservation and management measures shall be based 
upon the best scientific information available.
    (b) FMP development. The fact that scientific information concerning 
a fishery is incomplete does not prevent the preparation and 
implementation of an FMP (see related Secs. 600.320(d)(2) and 
600.340(b).
    (1) Scientific information includes, but is not limited to, 
information of a biological, ecological, economic, or social nature. 
Successful fishery management depends, in part, on the timely 
availability, quality, and quantity of scientific information, as well 
as on the thorough analysis of this information, and the extent to which 
the information is applied. If there are conflicting facts or opinions 
relevant to a particular point, a Council may choose among them, but 
should justify the choice.
    (2) FMPs must take into account the best scientific information 
available at the time of preparation. Between the initial drafting of an 
FMP and its submission for final review, new information often becomes 
available. This new information should be incorporated into the final 
FMP where practicable; but it is unnecessary to start the FMP process 
over again, unless the information indicates that drastic changes have 
occurred in the fishery that might require revision of the management 
objectives or measures.
    (c) FMP implementation. (1) An FMP must specify whatever information 
fishermen and processors will be required or requested to submit to the 
Secretary. Information about harvest within state boundaries, as well as 
in the EEZ, may be collected if it is needed for proper implementation 
of the FMP and cannot be obtained otherwise. The FMP should explain the 
practical utility of the information specified in monitoring the 
fishery, in facilitating inseason management decisions, and in judging 
the performance of the management regime; it should also consider the 
effort, cost, or social impact of obtaining it.
    (2) An FMP should identify scientific information needed from other 
sources to improve understanding and management of the resource, marine 
ecosystem, and the fishery (including fishing communities).
    (3) The information submitted by various data suppliers should be 
comparable and compatible, to the maximum extent possible.
    (d) FMP amendment. FMPs should be amended on a timely basis, as new 
information indicates the necessity for change in objectives or 
management measures.
    (e) SAFE Report. (1) The SAFE report is a document or set of 
documents that provides Councils with a summary of information 
concerning the most recent biological condition of stocks and the marine 
ecosystems in the FMU and the social and economic condition of the 
recreational and commercial fishing interests, fishing communities, and 
the fish processing industries. It summarizes, on a periodic basis, the 
best available scientific information concerning the past, present, and 
possible

[[Page 29]]

future condition of the stocks, marine ecosystems, and fisheries being 
managed under Federal regulation.
    (i) The Secretary has the responsibility to assure that a SAFE 
report or similar document is prepared, reviewed annually, and changed 
as necessary for each FMP. The Secretary or Councils may utilize any 
combination of talent from Council, state, Federal, university, or other 
sources to acquire and analyze data and produce the SAFE report.
    (ii) The SAFE report provides information to the Councils for 
determining annual harvest levels from each stock, documenting 
significant trends or changes in the resource, marine ecosystems, and 
fishery over time, and assessing the relative success of existing state 
and Federal fishery management programs. Information on bycatch and 
safety for each fishery should also be summarized. In addition, the SAFE 
report may be used to update or expand previous environmental and 
regulatory impact documents, and ecosystem and habitat descriptions.
    (iii) Each SAFE report must be scientifically based, and cite data 
sources and interpretations.
    (2) Each SAFE report should contain information on which to base 
harvest specifications.
    (3) Each SAFE report should contain a description of the maximum 
fishing mortality threshold and the minimum stock size threshold for 
each stock or stock complex, along with information by which the Council 
may determine:
    (i) Whether overfishing is occurring with respect to any stock or 
stock complex, whether any stock or stock complex is overfished, whether 
the rate or level of fishing mortality applied to any stock or stock 
complex is approaching the maximum fishing mortality threshold, and 
whether the size of any stock or stock complex is approaching the 
minimum stock size threshold.
    (ii) Any management measures necessary to provide for rebuilding an 
overfished stock or stock complex (if any) to a level consistent with 
producing the MSY in such fishery.
    (4) Each SAFE report may contain additional economic, social, 
community, essential fish habitat, and ecological information pertinent 
to the success of management or the achievement of objectives of each 
FMP.
    (5) Each SAFE report may contain additional economic, social, and 
ecological information pertinent to the success of management or the 
achievement of objectives of each FMP.

[61 FR 32540, June 24, 1996, as amended at 63 FR 24233, May 1, 1998]



Sec. 600.320  National Standard 3--Management Units.

    (a) Standard 3. To the extent practicable, an individual stock of 
fish shall be managed as a unit throughout its range, and interrelated 
stocks of fish shall be managed as a unit or in close coordination.
    (b) General. The purpose of this standard is to induce a 
comprehensive approach to fishery management. The geographic scope of 
the fishery, for planning purposes, should cover the entire range of the 
stocks(s) of fish, and not be overly constrained by political 
boundaries. Wherever practicable, an FMP should seek to manage 
interrelated stocks of fish.
    (c) Unity of management. Cooperation and understanding among 
entities concerned with the fishery (e.g., Councils, states, Federal 
Government, international commissions, foreign nations) are vital to 
effective management. Where management of a fishery involves multiple 
jurisdictions, coordination among the several entities should be sought 
in the development of an FMP. Where a range overlaps Council areas, one 
FMP to cover the entire range is preferred. The Secretary designates 
which Council(s) will prepare the FMP, under section 304(f) of the 
Magnuson-Stevens Act.
    (d) Management unit. The term ``management unit'' means a fishery or 
that portion of a fishery identified in an FMP as relevant to the FMP's 
management objectives.
    (1) Basis. The choice of a management unit depends on the focus of 
the FMP's objectives, and may be organized around biological, 
geographic, economic, technical, social, or ecological perspectives. For 
example:
    (i) Biological--could be based on a stock(s) throughout its range.
    (ii) Geographic--could be an area.

[[Page 30]]

    (iii) Economic--could be based on a fishery supplying specific 
product forms.
    (iv) Technical--could be based on a fishery utilizing a specific 
gear type or similar fishing practices.
    (v) Social--could be based on fishermen as the unifying element, 
such as when the fishermen pursue different species in a regular pattern 
throughout the year.
    (vi) Ecological--could be based on species that are associated in 
the ecosystem or are dependent on a particular habitat.
    (2) Conservation and management measures. FMPs should include 
conservation and management measures for that part of the management 
unit within U.S. waters, although the Secretary can ordinarily implement 
them only within the EEZ. The measures need not be identical for each 
geographic area within the management unit, if the FMP justifies the 
differences. A management unit may contain, in addition to regulated 
species, stocks of fish for which there is not enough information 
available to specify MSY and OY or to establish management measures, so 
that data on these species may be collected under the FMP.
    (e) Analysis. To document that an FMP is as comprehensive as 
practicable, it should include discussions of the following:
    (1) The range and distribution of the stocks, as well as the 
patterns of fishing effort and harvest.
    (2) Alternative management units and reasons for selecting a 
particular one. A less-than-comprehensive management unit may be 
justified if, for example, complementary management exits or is planned 
for a separate geographic area or for a distinct use of the stocks, or 
if the unmanaged portion of the resource is immaterial to proper 
management.
    (3) Management activities and habitat programs of adjacent states 
and their effects on the FMP's objectives and management measures. Where 
state action is necessary to implement measures within state waters to 
achieve FMP objectives, the FMP should identify what state action is 
necessary, discuss the consequences of state inaction or contrary 
action, and make appropriate recommendations. The FMP should also 
discuss the impact that Federal regulations will have on state 
management activities.
    (4) Management activities of other countries having an impact on the 
fishery, and how the FMP's management measures are designed to take into 
account these impacts. International boundaries may be dealt with in 
several ways. For example:
    (i) By limiting the management unit's scope to that portion of the 
stock found in U.S. waters;
    (ii) By estimating MSY for the entire stock and then basing the 
determination of OY for the U.S. fishery on the portion of the stock 
within U.S. waters; or
    (iii) By referring to treaties or cooperative agreements.

[61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998]



Sec. 600.325  National Standard 4--Allocations.

    (a) Standard 4. Conservation and management measures shall not 
discriminate between residents of different states. If it becomes 
necessary to allocate or assign fishing privileges among various U.S. 
fishermen, such allocation shall be:
    (1) Fair and equitable to all such fishermen.
    (2) Reasonably calculated to promote conservation.
    (3) Carried out in such manner that no particular individual, 
corporation, or other entity acquires an excessive share of such 
privileges.
    (b) Discrimination among residents of different states. An FMP may 
not differentiate among U.S. citizens, nationals, resident aliens, or 
corporations on the basis of their state of residence. An FMP may not 
incorporate or rely on a state statute or regulation that discriminates 
against residents of another state. Conservation and management measures 
that have different effects on persons in various geographic locations 
are permissible if they satisfy the other guidelines under Standard 4. 
Examples of these precepts are:
    (1) An FMP that restricted fishing in the EEZ to those holding a 
permit from state X would violate Standard 4 if

[[Page 31]]

state X issued permits only to its own citizens.
    (2) An FMP that closed a spawning ground might disadvantage 
fishermen living in the state closest to it, because they would have to 
travel farther to an open area, but the closure could be justified under 
Standard 4 as a conservation measure with no discriminatory intent.
    (c) Allocation of fishing privileges. An FMP may contain management 
measures that allocate fishing privileges if such measures are necessary 
or helpful in furthering legitimate objectives or in achieving the OY, 
and if the measures conform with paragraphs (c)(3)(i) through 
(c)(3)(iii) of this section.
    (1) Definition. An ``allocation'' or ``assignment'' of fishing 
privileges is a direct and deliberate distribution of the opportunity to 
participate in a fishery among identifiable, discrete user groups or 
individuals. Any management measure (or lack of management) has 
incidental allocative effects, but only those measures that result in 
direct distributions of fishing privileges will be judged against the 
allocation requirements of Standard 4. Adoption of an FMP that merely 
perpetuates existing fishing practices may result in an allocation, if 
those practices directly distribute the opportunity to participate in 
the fishery. Allocations of fishing privileges include, for example, 
per-vessel catch limits, quotas by vessel class and gear type, different 
quotas or fishing seasons for recreational and commercial fishermen, 
assignment of ocean areas to different gear users, and limitation of 
permits to a certain number of vessels or fishermen.
    (2) Analysis of allocations. Each FMP should contain a description 
and analysis of the allocations existing in the fishery and of those 
made in the FMP. The effects of eliminating an existing allocation 
system should be examined. Allocation schemes considered, but rejected 
by the Council, should be included in the discussion. The analysis 
should relate the recommended allocations to the FMP's objectives and OY 
specification, and discuss the factors listed in paragraph (c)(3) of 
this section.
    (3) Factors in making allocations. An allocation of fishing 
privileges must be fair and equitable, must be reasonably calculated to 
promote conservation, and must avoid excessive shares. These tests are 
explained in paragraphs (c)(3)(i) through (c)(3)(iii) of this section:
    (i) Fairness and equity. (A) An allocation of fishing privileges 
should be rationally connected to the achievement of OY or with the 
furtherance of a legitimate FMP objective. Inherent in an allocation is 
the advantaging of one group to the detriment of another. The motive for 
making a particular allocation should be justified in terms of the 
objectives of the FMP; otherwise, the disadvantaged user groups or 
individuals would suffer without cause. For instance, an FMP objective 
to preserve the economic status quo cannot be achieved by excluding a 
group of long-time participants in the fishery. On the other hand, there 
is a rational connection between an objective of harvesting shrimp at 
their maximum size and closing a nursery area to trawling.
    (B) An allocation of fishing privileges may impose a hardship on one 
group if it is outweighed by the total benefits received by another 
group or groups. An allocation need not preserve the status quo in the 
fishery to qualify as ``fair and equitable,'' if a restructuring of 
fishing privileges would maximize overall benefits. The Council should 
make an initial estimate of the relative benefits and hardships imposed 
by the allocation, and compare its consequences with those of 
alternative allocation schemes, including the status quo. Where 
relevant, judicial guidance and government policy concerning the rights 
of treaty Indians and aboriginal Americans must be considered in 
determining whether an allocation is fair and equitable.
    (ii) Promotion of conservation. Numerous methods of allocating 
fishing privileges are considered ``conservation and management'' 
measures under section 303 of the Magnuson-Stevens Act. An allocation 
scheme may promote conservation by encouraging a rational, more easily 
managed use of the resource. Or, it may promote conservation (in the 
sense of wise use) by optimizing the yield in terms of size, value,

[[Page 32]]

market mix, price, or economic or social benefit of the product. To the 
extent that rebuilding plans or other conservation and management 
measures that reduce the overall harvest in a fishery are necessary, any 
harvest restrictions or recovery benefits must be allocated fairly and 
equitably among the commercial, recreational, and charter fishing 
sectors of the fishery.
    (iii) Avoidance of excessive shares. An allocation scheme must be 
designed to deter any person or other entity from acquiring an excessive 
share of fishing privileges, and to avoid creating conditions fostering 
inordinate control, by buyers or sellers, that would not otherwise 
exist.
    (iv) Other factors. In designing an allocation scheme, a Council 
should consider other factors relevant to the FMP's objectives. Examples 
are economic and social consequences of the scheme, food production, 
consumer interest, dependence on the fishery by present participants and 
coastal communities, efficiency of various types of gear used in the 
fishery, transferability of effort to and impact on other fisheries, 
opportunity for new participants to enter the fishery, and enhancement 
of opportunities for recreational fishing.

[61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998]



Sec. 600.330  National Standard 5--Efficiency.

    (a) Standard 5. Conservation and management measures shall, where 
practicable, consider efficiency in the utilization of fishery 
resources; except that no such measure shall have economic allocation as 
its sole purpose.
    (b) Efficiency in the utilization of resources--(1) General. The 
term ``utilization'' encompasses harvesting, processing, marketing, and 
non-consumptive uses of the resource, since management decisions affect 
all sectors of the industry. In considering efficient utilization of 
fishery resources, this standard highlights one way that a fishery can 
contribute to the Nation's benefit with the least cost to society: Given 
a set of objectives for the fishery, an FMP should contain management 
measures that result in as efficient a fishery as is practicable or 
desirable.
    (2) Efficiency. In theory, an efficient fishery would harvest the OY 
with the minimum use of economic inputs such as labor, capital, 
interest, and fuel. Efficiency in terms of aggregate costs then becomes 
a conservation objective, where ``conservation'' constitutes wise use of 
all resources involved in the fishery, not just fish stocks.
    (i) In an FMP, management measures may be proposed that allocate 
fish among different groups of individuals or establish a system of 
property rights. Alternative measures examined in searching for an 
efficient outcome will result in different distributions of gains and 
burdens among identifiable user groups. An FMP should demonstrate that 
management measures aimed at efficiency do not simply redistribute gains 
and burdens without an increase in efficiency.
    (ii) Management regimes that allow a fishery to operate at the 
lowest possible cost (e.g., fishing effort, administration, and 
enforcement) for a particular level of catch and initial stock size are 
considered efficient. Restrictive measures that unnecessarily raise any 
of those costs move the regime toward inefficiency. Unless the use of 
inefficient techniques or the creation of redundant fishing capacity 
contributes to the attainment of other social or biological objectives, 
an FMP may not contain management measures that impede the use of cost-
effective techniques of harvesting, processing, or marketing, and should 
avoid creating strong incentives for excessive investment in private 
sector fishing capital and labor.
    (c) Limited access. A ``system for limiting access,'' which is an 
optional measure under section 303(b) of the Magnuson-Stevens Act, is a 
type of allocation of fishing privileges that may be considered to 
contribute to economic efficiency or conservation. For example, limited 
access may be used to combat overfishing, overcrowding, or 
overcapitalization in a fishery to achieve OY. In an unutilized or 
underutilized fishery, it may be used to reduce the chance that these 
conditions will adversely affect the fishery in the future, or to 
provide adequate economic return to pioneers in a new fishery. In some 
cases, limited entry is a

[[Page 33]]

useful ingredient of a conservation scheme, because it facilitates 
application and enforcement of other management measures.
    (1) Definition. Limited access (or limited entry) is a management 
technique that attempts to limit units of effort in a fishery, usually 
for the purpose of reducing economic waste, improving net economic 
return to the fishermen, or capturing economic rent for the benefit of 
the taxpayer or the consumer. Common forms of limited access are 
licensing of vessels, gear, or fishermen to reduce the number of units 
of effort, and dividing the total allowable catch into fishermen's 
quotas (a stock-certificate system). Two forms (i.e., Federal fees for 
licenses or permits in excess of administrative costs, and taxation) are 
not permitted under the Magnuson-Stevens Act, except for fees allowed 
under section 304(d)(2).
    (2) Factors to consider. The Magnuson-Stevens Act ties the use of 
limited access to the achievement of OY. An FMP that proposes a limited 
access system must consider the factors listed in section 303(b)(6) of 
the Magnuson-Stevens Act and in Sec. 600.325(c)(3). In addition, it 
should consider the criteria for qualifying for a permit, the nature of 
the interest created, whether to make the permit transferable, and the 
Magnuson-Stevens Act's limitations on returning economic rent to the 
public under section 304(d). The FMP should also discuss the costs of 
achieving an appropriate distribution of fishing privileges.
    (d) Analysis. An FMP should discuss the extent to which 
overcapitalization, congestion, economic waste, and inefficient 
techniques in the fishery reduce the net benefits derived from the 
management unit and prevent the attainment and appropriate allocation of 
OY. It should also explain, in terms of the FMP's objectives, any 
restriction placed on the use of efficient techniques of harvesting, 
processing, or marketing. If, during FMP development, the Council 
considered imposing a limited-entry system, the FMP should analyze the 
Council's decision to recommend or reject limited access as a technique 
to achieve efficient utilization of the resources of the fishing 
industry.
    (e) Economic allocation. This standard prohibits only those measures 
that distribute fishery resources among fishermen on the basis of 
economic factors alone, and that have economic allocation as their only 
purpose. Where conservation and management measures are recommended that 
would change the economic structure of the industry or the economic 
conditions under which the industry operates, the need for such measures 
must be justified in light of the biological, ecological, and social 
objectives of the FMP, as well as the economic objectives.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 24234, May 1, 1998]



Sec. 600.335  National Standard 6--Variations and Contingencies.

    (a) Standard 6. Conservation and management measures shall take into 
account and allow for variations among, and contingencies in, fisheries, 
fishery resources, and catches.
    (b) Conservation and management. Each fishery exhibits unique 
uncertainties. The phrase ``conservation and management'' implies the 
wise use of fishery resources through a management regime that includes 
some protection against these uncertainties. The particular regime 
chosen must be flexible enough to allow timely response to resource, 
industry, and other national and regional needs. Continual data 
acquisition and analysis will help the development of management 
measures to compensate for variations and to reduce the need for 
substantial buffers. Flexibility in the management regime and the 
regulatory process will aid in responding to contingencies.
    (c) Variations. (1) In fishery management terms, variations arise 
from biological, social, and economic occurrences, as well as from 
fishing practices. Biological uncertainties and lack of knowledge can 
hamper attempts to estimate stock size and strength, stock location in 
time and space, environmental/habitat changes, and ecological 
interactions. Economic uncertainty may involve changes in foreign or 
domestic market conditions, changes in operating costs, drifts toward 
overcapitalization, and economic perturbations caused by changed fishing 
patterns.

[[Page 34]]

Changes in fishing practices, such as the introduction of new gear, 
rapid increases or decreases in harvest effort, new fishing strategies, 
and the effects of new management techniques, may also create 
uncertainties. Social changes could involve increases or decreases in 
recreational fishing, or the movement of people into or out of fishing 
activities due to such factors as age or educational opportunities.
    (2) Every effort should be made to develop FMPs that discuss and 
take into account these vicissitudes. To the extent practicable, FMPs 
should provide a suitable buffer in favor of conservation. Allowances 
for uncertainties should be factored into the various elements of an 
FMP. Examples are:
    (i) Reduce OY. Lack of scientific knowledge about the condition of a 
stock(s) could be reason to reduce OY.
    (ii) Establish a reserve. Creation of a reserve may compensate for 
uncertainties in estimating domestic harvest, stock conditions, or 
environmental factors.
    (iii) Adjust management techniques. In the absence of adequate data 
to predict the effect of a new regime, and to avoid creating unwanted 
variations, a Council could guard against producing drastic changes in 
fishing patterns, allocations, or practices.
    (iv) Highlight habitat conditions. FMPs may address the impact of 
pollution and the effects of wetland and estuarine degradation on the 
stocks of fish; identify causes of pollution and habitat degradation and 
the authorities having jurisdiction to regulate or influence such 
activities; propose recommendations that the Secretary will convey to 
those authorities to alleviate such problems; and state the views of the 
Council on unresolved or anticipated issues.
    (d) Contingencies. Unpredictable events--such as unexpected resource 
surges or failures, fishing effort greater than anticipated, disruptive 
gear conflicts, climatic conditions, or environmental catastrophes--are 
best handled by establishing a flexible management regime that contains 
a range of management options through which it is possible to act 
quickly without amending the FMP or even its regulations.
    (1) The FMP should describe the management options and their 
consequences in the necessary detail to guide the Secretary in 
responding to changed circumstances, so that the Council preserves its 
role as policy-setter for the fishery. The description should enable the 
public to understand what may happen under the flexible regime, and to 
comment on the options.
    (2) FMPs should include criteria for the selection of management 
measures, directions for their application, and mechanisms for timely 
adjustment of management measures comprising the regime. For example, an 
FMP could include criteria that allow the Secretary to open and close 
seasons, close fishing grounds, or make other adjustments in management 
measures.
    (3) Amendment of a flexible FMP would be necessary when 
circumstances in the fishery change substantially, or when a Council 
adopts a different management philosophy and objectives.



Sec. 600.340  National Standard 7--Costs and Benefits.

    (a) Standard 7. Conservation and management measures shall, where 
practicable, minimize costs and avoid unnecessary duplication.
    (b) Necessity of Federal management--(1) General. The principle that 
not every fishery needs regulation is implicit in this standard. The 
Magnuson-Stevens Act requires Councils to prepare FMPs only for 
overfished fisheries and for other fisheries where regulation would 
serve some useful purpose and where the present or future benefits of 
regulation would justify the costs. For example, the need to collect 
data about a fishery is not, by itself, adequate justification for 
preparation of an FMP, since there are less costly ways to gather the 
data (see Sec. 600.320(d)(2). In some cases, the FMP preparation process 
itself, even if it does not culminate in a document approved by the 
Secretary, can be useful in supplying a basis for management by one or 
more coastal states.
    (2) Criteria. In deciding whether a fishery needs management through 
regulations implementing an FMP, the following general factors should be 
considered, among others:

[[Page 35]]

    (i) The importance of the fishery to the Nation and to the regional 
economy.
    (ii) The condition of the stock or stocks of fish and whether an FMP 
can improve or maintain that condition.
    (iii) The extent to which the fishery could be or is already 
adequately managed by states, by state/Federal programs, by Federal 
regulations pursuant to FMPs or international commissions, or by 
industry self-regulation, consistent with the policies and standards of 
the Magnuson-Stevens Act.
    (iv) The need to resolve competing interests and conflicts among 
user groups and whether an FMP can further that resolution.
    (v) The economic condition of a fishery and whether an FMP can 
produce more efficient utilization.
    (vi) The needs of a developing fishery, and whether an FMP can 
foster orderly growth.
    (vii) The costs associated with an FMP, balanced against the 
benefits (see paragraph (d) of this section as a guide).
    (c) Alternative management measures. Management measures should not 
impose unnecessary burdens on the economy, on individuals, on private or 
public organizations, or on Federal, state, or local governments. 
Factors such as fuel costs, enforcement costs, or the burdens of 
collecting data may well suggest a preferred alternative.
    (d) Analysis. The supporting analyses for FMPs should demonstrate 
that the benefits of fishery regulation are real and substantial 
relative to the added research, administrative, and enforcement costs, 
as well as costs to the industry of compliance. In determining the 
benefits and costs of management measures, each management strategy 
considered and its impacts on different user groups in the fishery 
should be evaluated. This requirement need not produce an elaborate, 
formalistic cost/benefit analysis. Rather, an evaluation of effects and 
costs, especially of differences among workable alternatives, including 
the status quo, is adequate. If quantitative estimates are not possible, 
qualitative estimates will suffice.
    (1) Burdens. Management measures should be designed to give 
fishermen the greatest possible freedom of action in conducting business 
and pursuing recreational opportunities that are consistent with 
ensuring wise use of the resources and reducing conflict in the fishery. 
The type and level of burden placed on user groups by the regulations 
need to be identified. Such an examination should include, for example: 
Capital outlays; operating and maintenance costs; reporting costs; 
administrative, enforcement, and information costs; and prices to 
consumers. Management measures may shift costs from one level of 
government to another, from one part of the private sector to another, 
or from the government to the private sector. Redistribution of costs 
through regulations is likely to generate controversy. A discussion of 
these and any other burdens placed on the public through FMP regulations 
should be a part of the FMP's supporting analyses.
    (2) Gains. The relative distribution of gains may change as a result 
of instituting different sets of alternatives, as may the specific type 
of gain. The analysis of benefits should focus on the specific gains 
produced by each alternative set of management measures, including the 
status quo. The benefits to society that result from the alternative 
management measures should be identified, and the level of gain 
assessed.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 24234, May 1, 1998]



Sec. 600.345  National Standard 8--Communities.

    (a) Standard 8. Conservation and management measures shall, 
consistent with the conservation requirements of the Magnuson-Stevens 
Act (including the prevention of overfishing and rebuilding of 
overfished stocks), take into account the importance of fishery 
resources to fishing communities in order to:
    (1) Provide for the sustained participation of such communities; and
    (2) To the extent practicable, minimize adverse economic impacts on 
such communities.
    (b) General. (1) This standard requires that an FMP take into 
account the importance of fishery resources to fishing

[[Page 36]]

communities. This consideration, however, is within the context of the 
conservation requirements of the Magnuson-Stevens Act. Deliberations 
regarding the importance of fishery resources to affected fishing 
communities, therefore, must not compromise the achievement of 
conservation requirements and goals of the FMP. Where the preferred 
alternative negatively affects the sustained participation of fishing 
communities, the FMP should discuss the rationale for selecting this 
alternative over another with a lesser impact on fishing communities. 
All other things being equal, where two alternatives achieve similar 
conservation goals, the alternative that provides the greater potential 
for sustained participation of such communities and minimizes the 
adverse economic impacts on such communities would be the preferred 
alternative.
    (2) This standard does not constitute a basis for allocating 
resources to a specific fishing community nor for providing preferential 
treatment based on residence in a fishing community.
    (3) The term ``fishing community'' means a community that is 
substantially dependent on or substantially engaged in the harvest or 
processing of fishery resources to meet social and economic needs, and 
includes fishing vessel owners, operators, and crew, and fish processors 
that are based in such communities. A fishing community is a social or 
economic group whose members reside in a specific location and share a 
common dependency on commercial, recreational, or subsistence fishing or 
on directly related fisheries-dependent services and industries (for 
example, boatyards, ice suppliers, tackle shops).
    (4) The term ``sustained participation'' means continued access to 
the fishery within the constraints of the condition of the resource.
    (c) Analysis. (1) FMPs must examine the social and economic 
importance of fisheries to communities potentially affected by 
management measures. For example, severe reductions of harvests for 
conservation purposes may decrease employment opportunities for 
fishermen and processing plant workers, thereby adversely affecting 
their families and communities. Similarly, a management measure that 
results in the allocation of fishery resources among competing sectors 
of a fishery may benefit some communities at the expense of others.
    (2) An appropriate vehicle for the analyses under this standard is 
the fishery impact statement required by section 303(a)(9) of the 
Magnuson-Stevens Act. Qualitative and quantitative data may be used, 
including information provided by fishermen, dealers, processors, and 
fisheries organizations and associations. In cases where data are 
severely limited, effort should be directed to identifying and gathering 
needed data.
    (3) To address the sustained participation of fishing communities 
that will be affected by management measures, the analysis should first 
identify affected fishing communities and then assess their differing 
levels of dependence on and engagement in the fishery being regulated. 
The analysis should also specify how that assessment was made. The best 
available data on the history, extent, and type of participation of 
these fishing communities in the fishery should be incorporated into the 
social and economic information presented in the FMP. The analysis does 
not have to contain an exhaustive listing of all communities that might 
fit the definition; a judgment can be made as to which are primarily 
affected. The analysis should discuss each alternative's likely effect 
on the sustained participation of these fishing communities in the 
fishery.
    (4) The analysis should assess the likely positive and negative 
social and economic impacts of the alternative management measures, over 
both the short and the long term, on fishing communities. Any particular 
management measure may economically benefit some communities while 
adversely affecting others. Economic impacts should be considered both 
for individual communities and for the group of all affected communities 
identified in the FMP. Impacts of both consumptive and non-consumptive 
uses of fishery resources should be considered.
    (5) A discussion of social and economic impacts should identify 
those

[[Page 37]]

alternatives that would minimize adverse impacts on these fishing 
communities within the constraints of conservation and management goals 
of the FMP, other national standards, and other applicable law.

[63 FR 24234, May 1, 1998]



Sec. 600.350  National Standard 9--Bycatch.

    (a) Standard 9. Conservation and management measures shall, to the 
extent practicable:
    (1) Minimize bycatch; and
    (2) To the extent bycatch cannot be avoided, minimize the mortality 
of such bycatch.
    (b) General. This national standard requires Councils to consider 
the bycatch effects of existing and planned conservation and management 
measures. Bycatch can, in two ways, impede efforts to protect marine 
ecosystems and achieve sustainable fisheries and the full benefits they 
can provide to the Nation. First, bycatch can increase substantially the 
uncertainty concerning total fishing-related mortality, which makes it 
more difficult to assess the status of stocks, to set the appropriate OY 
and define overfishing levels, and to ensure that OYs are attained and 
overfishing levels are not exceeded. Second, bycatch may also preclude 
other more productive uses of fishery resources.
    (c) Definition--Bycatch. The term ``bycatch'' means fish that are 
harvested in a fishery, but that are not sold or kept for personal use. 
Bycatch includes the discard of whole fish at sea or elsewhere, 
including economic discards and regulatory discards, and fishing 
mortality due to an encounter with fishing gear that does not result in 
capture of fish (i.e., unobserved fishing mortality). Bycatch does not 
include any fish that legally are retained in a fishery and kept for 
personal, tribal, or cultural use, or that enter commerce through sale, 
barter, or trade. Bycatch does not include fish released alive under a 
recreational catch-and-release fishery management program. A catch-and-
release fishery management program is one in which the retention of a 
particular species is prohibited. In such a program, those fish released 
alive would not be considered bycatch. Bycatch also does not include 
Atlantic highly migratory species harvested in a commercial fishery that 
are not regulatory discards and that are tagged and released alive under 
a scientific tag-and-release program established by the Secretary.
    (d) Minimizing bycatch and bycatch mortality. The priority under 
this standard is first to avoid catching bycatch species where 
practicable. Fish that are bycatch and cannot be avoided must, to the 
extent practicable, be returned to the sea alive. Any proposed 
conservation and management measure that does not give priority to 
avoiding the capture of bycatch species must be supported by appropriate 
analyses. In their evaluation, the Councils must consider the net 
benefits to the Nation, which include, but are not limited to: Negative 
impacts on affected stocks; incomes accruing to participants in directed 
fisheries in both the short and long term; incomes accruing to 
participants in fisheries that target the bycatch species; environmental 
consequences; non-market values of bycatch species, which include non-
consumptive uses of bycatch species and existence values, as well as 
recreational values; and impacts on other marine organisms. To evaluate 
conservation and management measures relative to this and other national 
standards, as well as to evaluate total fishing mortality, Councils 
must--
    (1) Promote development of a database on bycatch and bycatch 
mortality in the fishery to the extent practicable. A review and, where 
necessary, improvement of data collection methods, data sources, and 
applications of data must be initiated for each fishery to determine the 
amount, type, disposition, and other characteristics of bycatch and 
bycatch mortality in each fishery for purposes of this standard and of 
section 303(a)(11) and (12) of the Magnuson-Stevens Act. Bycatch should 
be categorized to focus on management responses necessary to minimize 
bycatch and bycatch mortality to the extent practicable. When 
appropriate, management measures, such as at-sea monitoring programs, 
should be developed to meet these information needs.
    (2) For each management measure, assess the effects on the amount 
and type of

[[Page 38]]

bycatch and bycatch mortality in the fishery. Most conservation and 
management measures can affect the amounts of bycatch or bycatch 
mortality in a fishery, as well as the extent to which further 
reductions in bycatch are practicable. In analyzing measures, including 
the status quo, Councils should assess the impacts of minimizing bycatch 
and bycatch mortality, as well as consistency of the selected measure 
with other national standards and applicable laws. The benefits of 
minimizing bycatch to the extent practicable should be identified and an 
assessment of the impact of the selected measure on bycatch and bycatch 
mortality provided. Due to limitations on the information available, 
fishery managers may not be able to generate precise estimates of 
bycatch and bycatch mortality or other effects for each alternative. In 
the absence of quantitative estimates of the impacts of each 
alternative, Councils may use qualitative measures. Information on the 
amount and type of bycatch should be summarized in the SAFE reports.
    (3) Select measures that, to the extent practicable, will minimize 
bycatch and bycatch mortality. (i) A determination of whether a 
conservation and management measure minimizes bycatch or bycatch 
mortality to the extent practicable, consistent with other national 
standards and maximization of net benefits to the Nation, should 
consider the following factors:
    (A) Population effects for the bycatch species.
    (B) Ecological effects due to changes in the bycatch of that species 
(effects on other species in the ecosystem).
    (C) Changes in the bycatch of other species of fish and the 
resulting population and ecosystem effects.
    (D) Effects on marine mammals and birds.
    (E) Changes in fishing, processing, disposal, and marketing costs.
    (F) Changes in fishing practices and behavior of fishermen.
    (G) Changes in research, administration, and enforcement costs and 
management effectiveness.
    (H) Changes in the economic, social, or cultural value of fishing 
activities and nonconsumptive uses of fishery resources.
    (I) Changes in the distribution of benefits and costs.
    (J) Social effects.
    (ii) The Councils should adhere to the precautionary approach found 
in the Food and Agriculture Organization of the United Nations (FAO) 
Code of Conduct for Responsible Fisheries (Article 6.5), which is 
available from the Director, Publications Division, FAO, Viale delle 
Terme di Caracalla, 00100 Rome, Italy, when faced with uncertainty 
concerning any of the factors listed in this paragraph (d)(3).
    (4) Monitor selected management measures. Effects of implemented 
measures should be evaluated routinely. Monitoring systems should be 
established prior to fishing under the selected management measures. 
Where applicable, plans should be developed and coordinated with 
industry and other concerned organizations to identify opportunities for 
cooperative data collection, coordination of data management for cost 
efficiency, and avoidance of duplicative effort.
    (e) Other considerations. Other applicable laws, such as the MMPA, 
the ESA, and the Migratory Bird Treaty Act, require that Councils 
consider the impact of conservation and management measures on living 
marine resources other than fish; i.e., marine mammals and birds.

[63 FR 24235, May 1, 1998]



Sec. 600.355  National Standard 10--Safety of Life at Sea.

    (a) Standard 10. Conservation and management measures shall, to the 
extent practicable, promote the safety of human life at sea.
    (b) General. (1) Fishing is an inherently dangerous occupation where 
not all hazardous situations can be foreseen or avoided. The standard 
directs Councils to reduce that risk in crafting their management 
measures, so long as they can meet the other national standards and the 
legal and practical requirements of conservation and management. This 
standard is not meant to give preference to one method of managing a 
fishery over another.
    (2) The qualifying phrase ``to the extent practicable'' recognizes 
that regulation necessarily puts constraints on fishing that would not 
otherwise exist.

[[Page 39]]

These constraints may create pressures on fishermen to fish under 
conditions that they would otherwise avoid. This standard instructs the 
Councils to identify and avoid those situations, if they can do so 
consistent with the legal and practical requirements of conservation and 
management of the resource.
    (3) For the purposes of this national standard, the safety of the 
fishing vessel and the protection from injury of persons aboard the 
vessel are considered the same as ``safety of human life at sea. The 
safety of a vessel and the people aboard is ultimately the 
responsibility of the master of that vessel. Each master makes many 
decisions about vessel maintenance and loading and about the 
capabilities of the vessel and crew to operate safely in a variety of 
weather and sea conditions. This national standard does not replace the 
judgment or relieve the responsibility of the vessel master related to 
vessel safety. The Councils, the USCG, and NMFS, through the 
consultation process of paragraph (d) of this section, will review all 
FMPs, amendments, and regulations during their development to ensure 
they recognize any impact on the safety of human life at sea and 
minimize or mitigate that impact where practicable.
    (c) Safety considerations. The following is a non-inclusive list of 
safety considerations that should be considered in evaluating management 
measures under national standard 10.
    (1) Operating environment. Where and when a fishing vessel operates 
is partly a function of the general climate and weather patterns of an 
area. Typically, larger vessels can fish farther offshore and in more 
adverse weather conditions than smaller vessels. An FMP should try to 
avoid creating situations that result in vessels going out farther, 
fishing longer, or fishing in weather worse than they generally would 
have in the absence of management measures. Where these conditions are 
unavoidable, management measures should mitigate these effects, 
consistent with the overall management goals of the fishery.
    (2) Gear and vessel loading requirements. A fishing vessel operates 
in a very dynamic environment that can be an extremely dangerous place 
to work. Moving heavy gear in a seaway creates a dangerous situation on 
a vessel. Carrying extra gear can also significantly reduce the 
stability of a fishing vessel, making it prone to capsizing. An FMP 
should consider the safety and stability of fishing vessels when 
requiring specific gear or requiring the removal of gear from the water. 
Management measures should reflect a sensitivity to these issues and 
provide methods of mitigation of these situations wherever possible.
    (3) Limited season and area fisheries. Fisheries where time 
constraints for harvesting are a significant factor and with no 
flexibility for weather, often called ``derby'' fisheries, can create 
serious safety problems. To participate fully in such a fishery, 
fishermen may fish in bad weather and overload their vessel with catch 
and/or gear. Where these conditions exist, FMPs should attempt to 
mitigate these effects and avoid them in new management regimes, as 
discussed in paragraph (e) of this section.
    (d) Consultation. During preparation of any FMP, FMP amendment, or 
regulation that might affect safety of human life at sea, the Council 
should consult with the USCG and the fishing industry as to the nature 
and extent of any adverse impacts. This consultation may be done through 
a Council advisory panel, committee, or other review of the FMP, FMP 
amendment, or regulations. Mitigation, to the extent practicable, and 
other safety considerations identified in paragraph (c) of this section 
should be included in the FMP.
    (e) Mitigation measures. There are many ways in which an FMP may 
avoid or provide alternative measures to reduce potential impacts on 
safety of human life at sea. The following is a list of some factors 
that could be considered when management measures are developed:
    (1) Setting seasons to avoid hazardous weather.
    (2) Providing for seasonal or trip flexibility to account for bad 
weather (weather days).
    (3) Allowing for pre- and post-season ``soak time'' to deploy and 
pick up fixed gear, so as to avoid overloading vessels with fixed gear.

[[Page 40]]

    (4) Tailoring gear requirements to provide for smaller or lighter 
gear for smaller vessels.
    (5) Avoiding management measures that require hazardous at-sea 
inspections or enforcement if other comparable enforcement could be 
accomplished as effectively.
    (6) Limiting the number of participants in the fishery.
    (7) Spreading effort over time and area to avoid potential gear and/
or vessel conflicts.
    (8) Implementing management measures that reduce the race for fish 
and the resulting incentives for fishermen to take additional risks with 
respect to vessel safety.

[63 FR 24236, May 1, 1998]



                Subpart E--Confidentiality of Statistics



Sec. 600.405  Types of statistics covered.

    NOAA is authorized under the Magnuson-Stevens Act and other statutes 
to collect proprietary or confidential commercial or financial 
information. This part applies to all pertinent data required to be 
submitted to the Secretary with respect to any FMP including, but not 
limited to, information regarding the type and quantity of fishing gear 
used, catch by species in numbers of fish or weight thereof, areas in 
which fishing occurred, time of fishing, number of hauls, and the 
estimated processing capacity of, and the actual processing capacity 
utilized by, U.S. fish processors.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.410  Collection and maintenance of statistics.

    (a) General. (1) All statistics required to be submitted to the 
Secretary are provided to the Assistant Administrator.
    (2) After receipt, the Assistant Administrator will remove all 
identifying particulars from the statistics if doing so is consistent 
with the needs of NMFS and good scientific practice.
    (3) Appropriate safeguards as specified by NOAA Directives, or other 
NOAA or NMFS internal procedures, apply to the collection and 
maintenance of all statistics, whether separated from identifying 
particulars or not, so as to ensure their confidentiality.
    (b) Collection agreements with states. (1) The Assistant 
Administrator may enter into an agreement with a state authorizing the 
state to collect statistics on behalf of the Secretary.
    (2) NMFS will not enter into a cooperative collection agreement with 
a state unless the state has authority to protect the statistics from 
disclosure in a manner at least as protective as these regulations.



Sec. 600.415  Access to statistics.

    (a) General. In determining whether to grant a request for access to 
confidential data, the following information will be taken into 
consideration (also see Sec. 600.130):
    (1) The specific types of data required.
    (2) The relevance of the data to conservation and management issues.
    (3) The duration of time access will be required: continuous, 
infrequent, or one-time.
    (4) An explanation of why the availability of aggregate or non-
confidential summaries of data from other sources would not satisfy the 
requested needs.
    (b) Federal employees. Statistics submitted as a requirement of an 
FMP and that reveal the identity of the submitter will only be 
accessible to the following:
    (1) Personnel within NMFS responsible for the collection, 
processing, and storage of the statistics.
    (2) Federal employees who are responsible for FMP development, 
monitoring, and enforcement.
    (3) Personnel within NMFS performing research that requires 
confidential statistics.
    (4) Other NOAA personnel on a demonstrable need-to-know basis.
    (5) NOAA/NMFS contractors or grantees who require access to 
confidential statistics to perform functions authorized by a Federal 
contract or grant.
    (c) State personnel. Upon written request, confidential statistics 
will only be accessible if:
    (1) State employees demonstrate a need for confidential statistics 
for use

[[Page 41]]

in fishery conservation and management.
    (2) The state has entered into a written agreement between the 
Assistant Administrator and the head of the state's agency that manages 
marine and/or anadromous fisheries. The agreement shall contain a 
finding by the Assistant Administrator that the state has 
confidentiality protection authority comparable to the Magnuson-Stevens 
Act and that the state will exercise this authority to limit subsequent 
access and use of the data to fishery management and monitoring 
purposes.
    (d) Councils. Upon written request by the Council Executive 
Director, access to confidential data will be granted to:
    (1) Council employees who are responsible for FMP development and 
monitoring.
    (2) A Council for use by the Council for conservation and management 
purposes, with the approval of the Assistant Administrator. In addition 
to the information described in paragraph (a) of this section, the 
Assistant Administrator will consider the following in deciding whether 
to grant access:
    (i) The possibility that Council members might gain personal or 
competitive advantage from access to the data.
    (ii) The possibility that the suppliers of the data would be placed 
at a competitive disadvantage by public disclosure of the data at 
Council meetings or hearings.
    (3) A contractor of the Council for use in such analysis or studies 
necessary for conservation and management purposes, with approval of the 
Assistant Administrator and execution of an agreement with NMFS as 
described by NOAA Administrative Order (NAO) 216-100.
    (e) Prohibitions. Persons having access to these data are prohibited 
from unauthorized use or disclosure and are subject to the provisions of 
18 U.S.C. 1905, 16 U.S.C. 1857, and NOAA/NMFS internal procedures, 
including NAO 216-100.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.420  Control system.

    (a) The Assistant Administrator maintains a control system to 
protect the identity of submitters of statistics required by an FMP. The 
control system:
    (1) Identifies those persons who have access to the statistics.
    (2) Contains procedures to limit access to confidential data to 
authorized users.
    (3) Provides for safeguarding the data.
    (b) This system requires that all persons who have authorized access 
to the data be informed of the confidentiality of the data. These 
persons are required to sign a statement that they:
    (1) Have been informed that the data are confidential.
    (2) Have reviewed and are familiar with the procedures to protect 
confidential statistics.



Sec. 600.425  Release of statistics.

    (a) The Assistant Administrator will not release to the public any 
statistics required to be submitted under an FMP in a form that would 
identify the submitter, except as required by law.
    (b) All requests from the public for statistics submitted in 
response to a requirement of an FMP will be processed consistent with 
the NOAA FOIA regulations (15 CFR part 903), NAO 205-14, Department of 
Commerce Administrative Orders 205-12 and 205-14 and 15 CFR part 4.
    (c) NOAA does not release or allow access to confidential 
information in its possession to members of Council advisory groups, 
except as provided by law.



                       Subpart F--Foreign Fishing



Sec. 600.501  Vessel permits.

    (a) General. (1) Each FFV fishing under the Magnuson-Stevens Act 
must have on board a permit issued under this section, unless it is 
engaged only in recreational fishing.
    (2) Permits issued under this section do not authorize FFV's or 
persons to harass, capture, or kill marine mammals. No marine mammals 
may be taken in the course of fishing unless that vessel has on board a 
currently valid Authorization Certificate under the MMPA. Regulations 
governing the taking of marine mammals incidental to commercial fishing 
operations are

[[Page 42]]

contained in 50 CFR part 229 of this title.
    (b) Responsibility of owners and operators. The owners and operators 
of each FFV are jointly and severally responsible for compliance with 
the Magnuson-Stevens Act, the applicable GIFA, this subpart, and any 
permit issued under the Magnuson-Stevens Act and this subpart. The 
owners and operators of each FFV bear civil responsibility for the acts 
of their employees and agents constituting violations, regardless of 
whether the specific acts were authorized or even forbidden by the 
employer or principal, and regardless of knowledge concerning the 
occurrence.
    (c) Activity codes. Permits to fish under a GIFA may be issued by 
the Assistant Administrator for the activities described in this 
paragraph, but the permits may be modified by regulations of this 
subpart, and by the conditions and restrictions attached to the permit 
(see paragraphs (e)(1)(v) and (l) of this section). The Assistant 
Administrator may issue a permit, as appropriate, for one or more of the 
activity codes listed below. The activity codes are described as 
follows:
    (1) Activity Code 1. Catching, scouting, processing, transshipping, 
and supporting foreign vessels. Activity is limited to fish harvested or 
to be harvested by foreign vessels in the EEZ.
    (2) Activity Code 2. Processing, scouting, transshipping, and 
supporting foreign vessels. Activity is limited to fish harvested or to 
be harvested by foreign vessels in the EEZ.
    (3) Activity Code 3. Transshipping, scouting, and supporting foreign 
vessels. Activity is limited to fish harvested or to be harvested by 
foreign vessels in the EEZ.
    (4) Activity Code 4. Processing, scouting, transshipping, and 
supporting U.S. vessels delivering fish to foreign vessels. Activity is 
limited to the receipt of unprocessed fish harvested or to be harvested 
by U.S. vessels.
    (5) Activity Code 5. Transshipping, scouting, and supporting foreign 
vessels. Transshipment limited to fish received or to be received from 
foreign vessels processing fish from U.S. harvesting vessels.
    (6) Activity Code 6. Transshipping, scouting, and supporting U.S. 
vessels. Transshipment limited to U.S.-harvested fish processed on board 
U.S. vessels.
    (7) Activity Code 7. Processing, transshipping, and supporting 
foreign vessels. Activity limited to fish harvested or to be harvested 
by foreign vessels seaward of the EEZ.
    (8) Activity Code 8. Transshipping and supporting foreign vessels. 
Activity is limited to fish harvested or to be harvested seaward of the 
EEZ by foreign vessels or fish duly authorized for processing in the 
internal waters of one of the states.
    (9) Activity Code 9. Supporting U.S. fishing vessels and U.S. fish 
processing vessels and any foreign fishing vessels authorized under any 
activity code under paragraph (c) of this subpart.
    (d) Application. (1) Applications for FFV permits must be submitted 
by each foreign nation to the DOS. Application forms are available from 
OES/OMC, DOS, Washington, DC. The applicant should allow 90 days for 
review and comment by the public, involved governmental agencies, and 
appropriate Councils, and for processing before the anticipated date to 
begin fishing. The permit application fee must be paid at the time of 
application according to Sec. 600.518.
    (2) Applicants must provide complete and accurate information 
requested on the permit application form.
    (3) Applicants for FFV's that will support U.S. vessels in joint 
ventures (Activity Code 4) must provide the additional information 
specified by the permit application form.
    (4) Each foreign nation may substitute one FFV for another by 
submitting a new vessel information form and a short explanation of the 
reason for the substitution to the DOS. Each substitution is considered 
a new application and a new application fee must be paid. NMFS will 
promptly process an application for a vessel replacing a permitted FFV 
that is disabled or decommissioned, once the DOS has notified the 
appropriate Council(s) of the substituted application.
    (e) Issuance. (1) Permits may be issued to an FFV by the Assistant 
Administrator through the DOS after--

[[Page 43]]

    (i) The Assistant Administrator determines that the fishing 
described in the application will meet the requirements of the Magnuson-
Stevens Act and approves the permit application.
    (ii) The foreign nation has paid the fees, including any surcharge 
fees and provided any assurances required by the Secretary in accordance 
with the provisions of Sec. 600.518.
    (iii) The foreign nation has appointed an agent.
    (iv) The foreign nation has identified a designated representative.
    (v) The general ``conditions and restrictions'' of receiving 
permits, as required by section 204(b)(7) of the Magnuson-Stevens Act, 
and any ``additional restrictions'' attached to the permit for the 
conservation and management of fishery resources or to prevent 
significant impairment of the national defense or security interests, 
have been accepted by the nation issuing the FFV's documents.
    (2) NMFS will distribute blank permit forms to the designated 
representative while the application is being processed. The designated 
representative must ensure that each FFV receives a permit form and must 
accurately transmit the permit form and the contents of the permit to 
the FFV when it is issued. NMFS may authorize the modification and use 
of the previous year's permit forms to be used on an interim basis in 
place of the current year's permit forms if the current forms were not 
made available to the designated representatives for timely 
distribution. The FFV owner or operator must accurately complete the 
permit form prior to fishing in the EEZ.
    (3) A completed permit form must contain--
    (i) The name and IRCS of the FFV and its permit number.
    (ii) The permitted fisheries and activity codes.
    (iii) The date of issuance and expiration date, if other than 
December 31.
    (iv) All conditions and restrictions, and any additional 
restrictions and technical modifications appended to the permit.
    (4) Permits are not issued for boats that are launched from larger 
vessels. Any enforcement action that results from the activities of a 
launched boat will be taken against the permitted vessel.
    (f) Duration. A permit is valid from its date of issuance to its 
date of expiration, unless it is revoked or suspended or the nation 
issuing the FFV's documents does not accept amendments to the permit 
made by the Assistant Administrator in accordance with the procedures of 
paragraph (l) of this section. The permit will be valid for no longer 
than the calendar year in which it was issued.
    (g) Transfer. Permits are not transferable or assignable. A permit 
is valid only for the FFV to which it is issued.
    (h) Display. Each FFV operator must have a properly completed permit 
form available on board the FFV when engaged in fishing activities and 
must produce it at the request of an authorized officer or observer.
    (i) Suspension and revocation. NMFS may apply sanctions to an FFV's 
permit by revoking, suspending, or imposing additional permit 
restrictions on the permit under 15 CFR part 904, if the vessel is 
involved in the commission of any violation of the Magnuson-Stevens Act, 
the GIFA, or this subpart; if an agent and a designated representative 
are not maintained in the United States; if a civil penalty or criminal 
fine imposed under the Magnuson-Stevens Act has become overdue; or as 
otherwise specified in the Magnuson-Stevens Act.
    (j) Fees. Permit application fees are described in Sec. 600.518.
    (k) Change in application information. (1) The foreign nation must 
report, in writing, any change in the information supplied under 
paragraph (d) of this section to the Assistant Administrator within 15 
calendar days after the date of the change. Failure to report a change 
in the ownership from that described in the current application within 
the specified time frame voids the permit, and all penalties involved 
will accrue to the previous owner.
    (2) The Assistant Administrator may make technical modifications or 
changes in the permit application requested or reported by a Nation, 
such as a change in radio call sign, processing equipment, or tonnage, 
which will be effective immediately.

[[Page 44]]

    (3) If, in the opinion of the Assistant Administrator, a permit 
change requested by a Nation could significantly affect the status of 
any fishery resource, such request will be processed as an application 
for a new permit under this section.
    (4) The Assistant Administrator will notify the designated 
representative of any revision that must be made on the permit form as 
the result of a permit change.
    (5) The vessel owner or operator must record the modification on the 
permit form.
    (l) Permit amendments. (1) The Assistant Administrator may amend a 
permit by adding ``additional restrictions'' for the conservation and 
management of fishery resources covered by the permit, or for the 
national defense or security if the Assistant Administrator determines 
that such interests would be significantly impaired without such 
restrictions. Compliance with the added additional restrictions is a 
condition of the permit. Violations of added additional restrictions 
will be treated as violations of this subpart.
    (2) The Assistant Administrator may make proposed additional 
restrictions effective immediately, if necessary, to prevent substantial 
harm to a fishery resource of the United States, to allow for the 
continuation of ongoing fishing operations, or to allow for fishing to 
begin at the normal time for opening of the fishery.
    (3) The Assistant Administrator will send proposed additional 
restrictions to each Nation whose vessels are affected (via the 
Secretary of State), to the appropriate Councils, and to the Commandant 
of the Coast Guard. NMFS will, at the same time, publish a document of 
any significant proposed additional restrictions in the Federal 
Register. The document will include a summary of the reasons underlying 
the proposal, and the reasons that any proposed additional restrictions 
are made effective immediately.
    (4) The Nation whose vessels are involved, the owners of the 
affected vessels, their representatives, the agencies specified in 
paragraph (l)(3) of this section, and the public may submit written 
comments on the proposed additional restrictions within 30 days after 
publication in the Federal Register.
    (5) The Assistant Administrator will make a final decision regarding 
the proposed additional restrictions as soon as practicable after the 
end of the comment period. The Assistant Administrator will provide the 
final additional restrictions to the Nation whose vessels are affected 
(via the Secretary of State) according to the procedures of paragraph 
(e) of this section. The Assistant Administrator will include with the 
final additional restrictions to the Nation, a response to comments 
submitted.
    (6) Additional restrictions may be modified by following the 
procedures of paragraphs (l)(2) through (l)(5) of this section.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.502  Vessel reports.

    (a) The operator of each FFV must report the FFV's activities within 
the EEZ to the USCG and NMFS as specified in this section.
    (b) All reports required by this section must be in English and in 
the formats specified in the permit additions and restrictions. Reports 
must be delivered via private or commercial communications facilities, 
facsimile, or other electronic means acceptable to NMFS and the USCG, 
directly to the appropriate NMFS Region or Center and USCG commander. 
Weekly reports must also be delivered directly to the appropriate NMFS 
Region or Center (see tables 1 and 2 of this section). (The required 
reports may be delivered to the closest USCG communication station as 
indicated in table 3 of this section or other USCG communication station 
only if adequate private or commercial communications facilities have 
not been successfully contacted.) Radio reports must be made via 
radiotelegraphy, Telex, or facsimile where available. For the purposes 
of this section, a message is considered ``transmitted'' when its 
receipt is acknowledged by a communications facility and considered 
``delivered'' upon its receipt by the offices of the appropriate USCG 
commander, NMFS Regional Office, or NMFS Center identified in table 2 of 
this section. Reports required

[[Page 45]]

by this section may be submitted by the vessel's designated 
representative; however, the operator of the FFV is responsible for the 
correct and timely filing of all required reports.
    (c) Activity reports. The operator of each FFV must report the FFV's 
movements and activities before or upon the event, as specified in this 
paragraph (c). Appropriate forms, instructions, codes, and examples are 
contained in the conditions and restrictions of the FFV's permit. Each 
FFV report must contain the following information: The message 
identifier ``VESREP'' to indicate it is a vessel activity report, FFV 
name, international radio call sign IRCS, date (month and day based on 
GMT), time (hour and minute GMT), position (latitude and longitude to 
the nearest degree and minute) where required, area (by fishing area 
code) where required, the appropriate action code, confirmation codes 
where required, and the other information specified in paragraphs (c)(1) 
through (c)(11) of this section.
    (1) ``BEGIN''. Each operator must specify the date, time, position, 
and area the FFV will actually ``BEGIN'' fishing in the EEZ and the 
species (by species code), product (by product code), and quantity of 
all fish and fish products (by product weight to the nearest hundredth 
of a metric ton) on board when entering the EEZ (action code ``BEGIN''). 
The message must be delivered at least 24 hours before the vessel begins 
to fish.
    (2) ``DEPART''. Each operator must specify the date, time, position, 
and area the FFV will ``DEPART'' the EEZ to embark or debark an 
observer, to visit a U.S. port, to conduct a joint venture in internal 
waters, or to otherwise temporarily leave an authorized fishing area, 
but not depart the seaward limit of the EEZ (action code ``DEPART''). 
The message must be transmitted before the FFV departs the present 
fishing area and delivered within 24 hours of its transmittal.
    (3) ``RETURN''. Each operator must specify the date, time, position, 
and area the FFV will ``RETURN'' to the EEZ following a temporary 
departure, and the species (by species code), product (by product code), 
and quantity of all fish and fish products (by product weight to the 
nearest hundredth of a metric ton) on board that were received in a 
joint venture in internal waters (action code ``RETURN''). The message 
must be transmitted before returning to the EEZ and delivered within 24 
hours of its transmittal.
    (4) ``SHIFT''. Each operator must report each SHIFT in fishing area 
(as described for each fishery) by specifying the date, time, and 
position the FFV will start fishing, and the new area (action code 
``SHIFT''). The message must be transmitted before leaving the original 
area and delivered within 24 hours of its transmittal. If a foreign 
vessel operates within 20 nautical miles (37.04 km) of a fishing area 
boundary, its operator may submit in one message the shift reports for 
all fishing area shifts occurring during 1 fishing day (0001-2400 GMT). 
This message must be transmitted prior to the last shift expected to be 
made in the day and delivered within 24 hours of its transmittal.
    (5) ``JV OPS''. Each operator must specify the date, time, position, 
and area at which the FFV will ``START'' joint venture operations 
(action code ``START JV OPS'') or ``END'' joint venture operations 
(action code ``END JV OPS''). These reports must be made in addition to 
other activity reports made under this section. Each message must be 
transmitted before the event and delivered within 24 hours of its 
transmittal.
    (6) ``TRANSFER''. The operator of each FFV that anticipates a 
transshipping operation in which the FFV will receive fish or fisheries 
products must specify the date, time, position and area the FFV will 
conduct the ``TRANSFER'' and the name and IRCS of the other FFV or U.S. 
vessel involved (action code ``TRANSFER''). The report must include the 
permit activity code under which the transfer will be made. The message 
must be transmitted prior to the transfer and delivered within 24 hours 
of its transmittal. The movement of raw fish from a permitted foreign 
catching vessel or, under an Activity Code 4, from a U.S. fishing vessel 
to the reporting processing vessel and the return of nets or codends is 
not considered a transfer.
    (7) ``OFFLOADED''. Each operator must specify the date, time, 
position,

[[Page 46]]

and area the FFV ``OFFLOADED'' fish or fisheries products TO another FFV 
or a U.S. vessel in a transfer, the other FFV's or U.S. vessel's name, 
IRCS, Permit Activity Code under which the transfer was made, species 
(by species code) and quantity of fish and fisheries products (by 
product code and by product weight, to the nearest hundredth of a metric 
ton) offloaded (action code ``OFFLOADED TO''). The message must be 
transmitted within 12 hours after the transfer is completed and 
delivered within 24 hours of its transmittal and before the FFV ceases 
fishing in the EEZ.
    (8) ``RECEIVED''. Each operator must specify the date, time, 
position and area the vessel ``RECEIVED'' fish or fisheries products 
FROM another FFV in a transfer, the other FFV's or U.S. vessel's name, 
IRCS, Permit Activity Code under which the receipt was made, species (by 
species code) and quantity of fish and fisheries products (by product 
code and by product weight, to the nearest hundredth of a metric ton) 
received (action code ``RECEIVED FROM''). The message must be 
transmitted within 12 hours after the transfer is completed and 
delivered within 24 hours of its transmittal and before the vessel 
ceases fishing in the EEZ.
    (9) ``CEASE''. Each operator must specify the date, time, position, 
and area the FFV will ``CEASE'' fishing in order to leave the EEZ 
(action code ``CEASE''). The message must be delivered at least 24 hours 
before the FFV's departure.
    (10) ``CHANGE''. Each operator must report any ``CHANGE'' TO the 
FFV's operations if the position or time of an event specified in an 
activity report will vary more than 5 nautical miles (9.26 km) or 4 
hours from that previously reported, by sending a revised message 
inserting the word ``CHANGE'' in front of the previous report, repeating 
the name, IRCS, date, and time of the previous report, adding the word 
``TO'' and the complete revised text of the new report (action code 
``CHANGE TO''). Changes to reports specifying an early beginning of 
fishing by an FFV or other changes to reports contained in paragraphs 
(c)(1) through (c)(9) of this section must be transmitted and delivered 
as if the ``CHANGE'' report were the original message.
    (11) ``CANCEL''. Each operator wanting to ``CANCEL'' a previous 
report may do so by sending a revised message, and inserting the word 
``CANCEL'' in front of the previous report's vessel name, IRCS, date, 
time and action code canceled (action code ``CANCEL''). The message must 
be transmitted and delivered prior to the date and time of the event in 
the original message.
    (d) The operator of an FFV will be in violation of paragraphs (c)(1) 
through (c)(9) of this section if the FFV does not pass within 5 
nautical miles (9.26 km) of the position given in the report within 4 
hours of the time given in the report.
    (e) The notices required by this section may be provided for 
individual or groups of FFV's (on a vessel-by-vessel basis) by 
authorized persons. An FFV operator may retransmit reports on the behalf 
of another FFV, if authorized by that FFV's operator. This does not 
relieve the individual vessel operator of the responsibility of filing 
required reports. In these cases, the message format should be modified 
so that each line of text under ``VESREP'' is a separate vessel report.
    (f) Weekly reports. (1) The operator of each FFV in the EEZ must 
submit appropriate weekly reports through the Nation's designated 
representative. The report must arrive at the address and time specified 
in paragraph (g) of this section. The reports may be sent by facsimile 
or Telex, but a completed copy of the report form must be mailed or hand 
delivered to confirm the Telex. Appropriate forms, instructions, codes, 
and examples are contained in the conditions and restrictions of the 
FFV's permit. Designated representatives may include more than one 
vessel report in a facsimile or Telex message, if the information is 
submitted on a vessel-by-vessel basis. Requests for corrections to 
previous reports must be submitted through the Nation's designated 
representative and mailed or hand-delivered, together with a written 
explanation of the reasons for the errors. The appropriate Regional 
Administrator or Science and Research Director may accept or reject any 
correction

[[Page 47]]

and initiate any appropriate civil penalty actions.
    (2) Weekly catch report (CATREP). The operator of each FFV must 
submit a weekly catch report stating any catch (Activity Code 1) in 
round weight of each species or species group allocated to that Nation 
by area and days fished in each area for the weekly period Sunday 
through Saturday, GMT, as modified by the fishery in which the FFV is 
engaged. Foreign vessels delivering unsorted, unprocessed fish to a 
processing vessel are not required to submit CATREP's, if that 
processing vessel (Activity Code 2) submits consolidated CATREP's for 
all fish received during each weekly period. No report is required for 
FFV's that do not catch or receive foreign-caught fish during the 
reporting period.
    (3) Weekly receipts report (RECREP). The operator of each FFV must 
submit a weekly report stating any receipts of U.S.-harvested fish in a 
joint venture (Activity Code 4) for the weekly period Sunday through 
Saturday, GMT, as modified by the fishery in which the FFV is engaged, 
for each fishing area, by authorized or prohibited species or species 
group; days fish received; round weight retained or returned to the U.S. 
fishing vessel; number of codends received; and number of vessels 
transferring codends. The report must also include the names of U.S. 
fishing vessels transferring codends during the week. No report is 
required for FFV's that do not receive any U.S.-harvested fish during 
the reporting period.
    (4) Marine mammal report (MAMREP). The operator of each FFV must 
submit a weekly report stating any incidental catch or receipt of marine 
mammals (Activity Codes 1 or 2 and/or 4), the geographical position 
caught, the condition of the animal, number caught (if more than one of 
the same species and condition), and nationality of the catching vessel 
for the period Sunday through Saturday, GMT, as modified by the fishery 
in which the vessel is engaged. Foreign catching vessels delivering 
unsorted, unprocessed fish to processing vessel are not required to 
submit MAMREP's, provided that the processing or factory vessel 
(Activity Code 2) submits consolidated MAMREP's for all fish received 
during each weekly period. FFV's receiving U.S.-harvested fish in a 
joint venture (Activity Code 4) must submit consolidated reports for 
U.S. vessels operating in the joint venture. No report is required for 
FFV's that do not catch or receive marine mammals during the reporting 
period.
    (g) Submission instructions for weekly reports. The designated 
representative for each FFV must submit weekly reports in the prescribed 
format to the appropriate Regional Administrator or Science and Research 
Director of NMFS by 1900 GMT on the Wednesday following the end of the 
reporting period. However, by agreement with the appropriate Regional 
Administrator or Science and Research Director, the designated 
representative may submit weekly reports to some other facility of NMFS.

                   Table 1 to Sec.  600.502--Addresses
------------------------------------------------------------------------
                                NMFS science and      U.S. Coast Guard
NMFS regional administrators   research directors        commanders
------------------------------------------------------------------------
Administrator, Northeast      Director, Notheast    Commander, Atlantic
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, NOAA,      Center, National      Guard, 431 Crawford
 One Blackburn Drive,          Marine Fisheries      St., Portsmouth, VA
 Gloucester, MA 01930-2298.    Service, NOAA, 166    23704.
                               Water St., Woods
                               Hole, MA 02543-1097.
Administrator, Southeast      Director, Southeast   Commander, Atlantic
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, 9721       Center, National      Guard, Governor's
 Exec. Center Drive N., St.    Marine Fisheries      Island, New York
 Petersburg, FL 33702.         Service, NOAA, 75     10004.
                               Virginia Beach
                               Drive, Miami, FL
                               33149-1003.
Administrator, Northwest      Director, Northwest   Commander, Pacific
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, NOAA,      Center, National      Guard, Government
 7600 Sand Point Way, NE,      Marine Fisheries      Island, Alameda, CA
 BIN C15700, Bldg. 1,          Service, NOAA, 2725   94501.
 Seattle, WA 98115.            Montlake Blvd.
                               East, Seattle, WA
                               98112-2097.
Administrator, Alaska         Director, Alaska      Commander,
 Region, National Marine       Fisheries Science     Seventeenth Coast
 Fisheries Service, NOAA,      Center, National      Guard District,
 P.O. Box 21668, Juneau, AK    Marine Fisheries      P.O. Box 25517,
 99802-1668.                   Service, NOAA, 7600   Juneau, AK 99802.
                               Sand Point Way, NE,
                               BIN C15700, Bldg.
                               4, Seattle, WA
                               98115-0070.

[[Page 48]]

 
Administrator, Southwest      Director, Southwest   Commander,
 Region, National Marine       Fisheries Science     Fourteenth Coast
 Fisheries Service, NOAA,      Center, National      Guard District, 300
 501 West Ocean Blvd., Suite   Marine Fisheries      Ala Moana Blvd.,
 4200, Long Beach, CA 90802-   Service, NOAA, P.O.   Honolulu, HI 96850.
 4213.                         Box 271, La Jolla,
                               CA 92038-0271.
------------------------------------------------------------------------


Table 2 to Sec.  600.502--Areas of Responsibility of NMFS and U.S. Coast
                              Guard Offices
------------------------------------------------------------------------
   Area of responsibility/       National Marine
           fishery              Fisheries Service     U.S. Coast Guard
------------------------------------------------------------------------
Atlantic Ocean North of Cape  Director, Northeast   Commander, Atlantic
 Hatteras.                     Science Center,       Area.
                               Attn: Observer
                               Program.
Atlantic Ocean South of Cape  Director, Northeast   Commander, Atlantic
 Hatteras.                     Science Center,       Area.
                               Attn: Observer
                               Program.
Atlantic Tunas, Swordfish,    Director, Office of   Commander, Atlantic
 Billfish and Sharks.          Sustainable           Area.
                               Fisheries.
Gulf of Mexico and Caribbean  Administrator,        Commander, Atlantic
 Sea.                          Southeast Region.     Area.
Pacific Ocean off the States  Administrator,        Commander, Pacific
 of California, Oregon, and    Northwest Region.     Area.
 Washington.
North Pacific Ocean and       Administrator,        Commander,
 Bering Sea off Alaska.        Alaska Region.        Seventeenth Coast
                                                     Guard District.
Pacific Ocean off Hawaii and  Administrator,        Commander,
 Other U.S. Insular            Southwest Region.     Fourteenth Coast
 Possessions in the Central                          Guard District.
 and Western Pacific.
------------------------------------------------------------------------


               Table 3 to Sec.  600.502--U.S. Coast Guard Communications Stations and Frequencies
----------------------------------------------------------------------------------------------------------------
                                                                    Radiotelephone
   U.S. Coast Guard communications   ---------------------------------------------------------------------------
               station                         IRCS                 Channel \1\                GMT time
----------------------------------------------------------------------------------------------------------------
Boston..............................  NMF                     A-E                     2330-1100.
                                      ......................  B,C                     All.
                                      ......................  D                       1100-2330.
                                      ......................  E                       (On request).
CAMSLANT Chesapeake (Portsmouth, VA)  NMN                     A                       2330-1100.
                                      ......................  B,C                     All.
                                      ......................  D                       1100-2330.
                                      ......................  E                       (On request).
New Orleans.........................  NMG                     A                       2330-1100.
                                      ......................  B,C                     All.
                                      ......................  D                       1100-2330.
                                      ......................  E                       (On request).
CAMSPAC Point Reyes (San Francisco,   NMC                     A-D                     All.
 CA).
                                      ......................  E                       (On request).
Honolulu............................  NMO                     A-D                     All.
                                      ......................  E                       (On request).
Kodiak..............................  NOJ                     A-D                     All.
                                      ......................  E                       (On request).
----------------------------------------------------------------------------------------------------------------
\1\ Carrier frequencies of duplex, high-frequency single-sideband channels are:


------------------------------------------------------------------------
              Letter                  Shore transmit     Ship transmit
------------------------------------------------------------------------
A.................................             4426.0             4134.0
B.................................             6501.0             6200.0
C.................................             8764.0             8240.0
D.................................            13089.0            12242.0
E.................................            17314.0            16432.0
------------------------------------------------------------------------

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]



Sec. 600.503  Vessel and gear identification.

    (a) Vessel identification. (1) The operator of each FFV assigned an 
IRCS must display that call sign amidships on both the port and 
starboard sides of the deckhouse or hull, so that it is visible from an 
enforcement vessel, and on an appropriate weather deck so it is visible 
from the air.

[[Page 49]]

    (2) The operator of each FFV not assigned an IRCS, such as a small 
trawler associated with a mothership or one of a pair of trawlers, must 
display the IRCS of the associated vessel, followed by a numerical 
suffix. (For example, JCZM-1, JCZM-2, etc., would be displayed on small 
trawlers not assigned an IRCS operating with a mothership whose IRCS is 
JCZM; JANP-1 would be displayed by a pair trawler not assigned an IRCS 
operating with a trawler whose IRCS is JANP.)
    (3) The vessel identification must be in a color in contrast to the 
background and must be permanently affixed to the FFV in block Roman 
alphabet letters and Arabic numerals at least 1 m in height for FFV's 
over 20 m in length, and at least 0.5 m in height for all other FFV's.
    (b) Navigational lights and shapes. Each FFV must display the lights 
and shapes prescribed by the International Regulations for Preventing 
Collisions at Sea, 1972 (TIAS 8587, and 1981 amendment TIAS 10672), for 
the activity in which the FFV is engaged (as described at 33 CFR part 
81).
    (c) Gear identification. (1) The operator of each FFV must ensure 
that all deployed fishing gear that is not physically and continuously 
attached to an FFV:
    (i) Is clearly marked at the surface with a buoy displaying the 
vessel identification of the FFV (see paragraph (a) of this section) to 
which the gear belongs.
    (ii) Has attached a light visible for 2 nautical miles (3.70 km) at 
night in good visibility.
    (iii) Has a radio buoy.
    Trawl codends passed from one vessel to another are considered 
continuously attached gear and are not required to be marked.
    (2) The operator of each FFV must ensure that deployed longlines, 
strings of traps or pots, and gillnets are marked at the surface at each 
terminal end with: (see paragraphs (c)(1)(i) through (c)(1)(iii) of this 
section).
    (3) Additional requirements may be specified for the fishery in 
which the vessel is engaged.
    (4) Unmarked or incorrectly identified fishing gear may be 
considered abandoned and may be disposed of in accordance with 
applicable Federal regulations by any authorized officer.
    (d) Maintenance. The operator of each FFV must--
    (1) Keep the vessel and gear identification clearly legible and in 
good repair.
    (2) Ensure that nothing on the FFV obstructs the view of the 
markings from an enforcement vessel or aircraft.
    (3) Ensure that the proper navigational lights and shapes are 
displayed for the FFV's activity and are properly functioning.



Sec. 600.504  Facilitation of enforcement.

    (a) General. (1) The owner, operator, or any person aboard any FFV 
subject to this subpart must immediately comply with instructions and 
signals issued by an authorized officer to stop the FFV; to move the FFV 
to a specified location; and to facilitate safe boarding and inspection 
of the vessel, its gear, equipment, records, and fish and fish products 
on board for purposes of enforcing the Magnuson-Stevens Act and this 
subpart.
    (2) The operator of each FFV must provide vessel position or other 
information when requested by an authorized officer within the time 
specified in the request.
    (b) Communications equipment. (1) Each FFV must be equipped with a 
VHF-FM radiotelephone station located so that it may be operated from 
the wheelhouse. Each operator must maintain a continuous listening watch 
on channel 16 (156.8 mHz).
    (2) Each FFV must be equipped with a radiotelephone station capable 
of communicating via 2182 kHz (SSB) radiotelephony and at least one set 
of working frequencies identified in table 3 to Sec. 600.502 appropriate 
to the fishery in which the FFV is operating. Each operator must monitor 
and be ready to communicate via 2182 kHz (SSB) radiotelephone each day 
from 0800 GMT to 0830 GMT and 2000 to 2030 GMT, and in preparation for 
boarding.
    (3) FFV's that are not equipped with processing facilities and that 
deliver all catches to a foreign processing vessel are exempt from the 
requirements of paragraph (b)(2) of this section.
    (4) FFV's with no IRCS that do not catch fish and are used as 
auxiliary

[[Page 50]]

vessels to handle codends, nets, equipment, or passengers for a 
processing vessel are exempt from the requirements of paragraphs (b)(1) 
and (b)(2) of this section.
    (5) The appropriate Regional Administrator, with the agreement of 
the appropriate USCG commander, may, upon request by a foreign nation, 
accept alternatives to the radio requirements of this section to certain 
FFV's or types of FFV's operating in a fishery, provided they are 
adequate for the communications needs of the fishery.
    (c) Communications procedures. (1) Upon being approached by a USCG 
vessel or aircraft, or other vessel or aircraft with an authorized 
officer aboard, the operator of any FFV subject to this subpart must be 
alert for communications conveying enforcement instructions. The 
enforcement unit may communicate by channel 16 VHF-FM radiotelephone, 
2182 kHz (SSB) radiotelephone, message block from an aircraft, flashing 
light or flag signals from the International Code of Signals, hand 
signal, placard, loudhailer, or other appropriate means. The following 
signals, extracted from the International Code of Signals, are among 
those that may be used.
    (i) ``AA, AA, AA, etc.'', which is the call for an unknown station. 
The signaled vessel should respond by identifying itself or by 
illuminating the vessel identification required by Sec. 600.505.
    (ii) ``RY-CY'', meaning ``You should proceed at slow speed, a boat 
is coming to you''.
    (iii) ``SQ3'', meaning ``You should stop or heave to; I am going to 
board you''.
    (iv) ``L'', meaning ``You should stop your vessel instantly.''
    (2) Failure of an FFV's operator to stop the vessel when directed to 
do so by an authorized officer using VHF-FM radiotelephone (channel 16), 
2182 kHz (SSB) radiotelephone (where required), message block from an 
aircraft, flashing light signal, flaghoist, or loudhailer constitutes a 
violation of this subpart.
    (3) The operator of or any person aboard an FFV who does not 
understand a signal from an enforcement unit and who is unable to obtain 
clarification by radiotelephone or other means must consider the signal 
to be a command to stop the FFV instantly.
    (d) Boarding. The operator of an FFV signaled for boarding must--
    (1) Monitor 2182 kHz (SSB) radiotelephone and channel 16 (156.8 mHz) 
VHF-FM radiotelephone.
    (2) Stop immediately and lay to or maneuver in such a way as to 
maintain the safety of the FFV and facilitate boarding by the authorized 
officer and the boarding party or an observer.
    (3) Provide the authorized officer, boarding party, or observer a 
safe pilot ladder. The operator must ensure the pilot ladder is securely 
attached to the FFV and meets the construction requirements of 
Regulation 17, Chapter V of the International Convention for the Safety 
of Life at Sea (SOLAS), 1974 (TIAS 9700 and 1978 Protocol, TIAS 10009), 
or a substantially equivalent national standard approved by letter from 
the Assistant Administrator, with agreement with the USCG. Safe pilot 
ladder standards are summarized below:
    (i) The ladder must be of a single length of not more than 9 m (30 
ft), capable of reaching the water from the point of access to the FFV, 
accounting for all conditions of loading and trim of the FFV and for an 
adverse list of 15 deg.. Whenever the distance from sea level to the 
point of access to the ship is more than 9 m (30 ft), access must be by 
means of an accommodation ladder or other safe and convenient means.
    (ii) The steps of the pilot ladder must be--
    (A) Of hardwood, or other material of equivalent properties, made in 
one piece free of knots, having an efficient non-slip surface; the four 
lowest steps may be made of rubber of sufficient strength and stiffness 
or of other suitable material of equivalent characteristics.
    (B) Not less than 480 mm (19 inches) long, 115 mm (4.5 inches) wide, 
and 25 mm (1 inch) in depth, excluding any non-slip device.
    (C) Equally spaced not less than 300 millimeters (12 inches) nor 
more than 380 mm (15 inches) apart and secured in such a manner that 
they will remain horizontal.
    (iii) No pilot ladder may have more than two replacement steps that 
are

[[Page 51]]

secured in position by a method different from that used in the original 
construction of the ladder.
    (iv) The side ropes of the ladder must consist of two uncovered 
manila ropes not less than 60 mm (2.25 inches) in circumference on each 
side (or synthetic ropes of equivalent size and equivalent or greater 
strength). Each rope must be continuous, with no joints below the top 
step.
    (v) Battens made of hardwood, or other material of equivalent 
properties, in one piece and not less than 1.80 m (5 ft 10 inches) long 
must be provided at such intervals as will prevent the pilot ladder from 
twisting. The lowest batten must be on the fifth step from the bottom of 
the ladder and the interval between any batten and the next must not 
exceed nine steps.
    (vi) Where passage onto or off the ship is by means of a bulwark 
ladder, two handhold stanchions must be fitted at the point of boarding 
or leaving the FFV not less than 0.70 m (2 ft 3 inches) nor more than 
0.80 m (2 ft 7 inches) apart, not less than 40 mm (2.5 inches) in 
diameter, and must extend not less than 1.20 m (3 ft 11 inches) above 
the top of the bulwark.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or observer, provide a manrope, safety line, and 
illumination for the ladder; and
    (5) Take such other actions as necessary to ensure the safety of the 
authorized officer and the boarding party and to facilitate the boarding 
and inspection.
    (e) Access and records. (1) The owner and operator of each FFV must 
provide authorized officers access to all spaces where work is conducted 
or business papers and records are prepared or stored, including but not 
limited to, personal quarters and areas within personal quarters.
    (2) The owner and operator of each FFV must provide to authorized 
officers all records and documents pertaining to the fishing activities 
of the vessel, including but not limited to, production records, fishing 
logs, navigation logs, transfer records, product receipts, cargo stowage 
plans or records, draft or displacement calculations, customs documents 
or records, and an accurate hold plan reflecting the current structure 
of the vessel's storage and factory spaces.
    (f) Product storage. The operator of each permitted FFV storing fish 
or fish products in a storage space must ensure that all non-fish 
product items are neither stowed beneath nor covered by fish products, 
unless required to maintain the stability and safety of the vessel. 
These items include, but are not limited to, portable conveyors, exhaust 
fans, ladders, nets, fuel bladders, extra bin boards, or other movable 
non-product items. These items may be in the space when necessary for 
safety of the vessel or crew or for storage of the product. Lumber, bin 
boards, or other dunnage may be used for shoring or bracing of product 
to ensure safety of crew and to prevent shifting of cargo within the 
space.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.505  Prohibitions.

    (a) It is unlawful for any person to do any of the following:
    (1) Ship, transport, offer for sale, sell, purchase, import, export, 
or have custody, control, or possession of any fish taken or retained in 
violation of the Magnuson-Stevens Act, the applicable GIFA, this 
subpart, or any permit issued under this subpart;
    (2) Refuse to allow an authorized officer to board an FFV for 
purposes of conducting any search or inspection in connection with the 
enforcement of the Magnuson-Stevens Act, the applicable GIFA, this 
subpart, or any other permit issued under this subpart;
    (3) Assault, resist, oppose, impede, intimidate, or interfere with 
any authorized officer in the conduct of any inspection or search 
described in paragraph (a)(2) of this section;
    (4) Resist a lawful arrest for any act prohibited by the Magnuson-
Stevens Act, the applicable GIFA, this subpart, or any permit issued 
under this subpart;
    (5) Interfere with, delay, or prevent by any means the apprehension 
or arrest of another person with the knowledge that such other person 
has committed any act prohibited by the Magnuson-Stevens Act, the 
applicable

[[Page 52]]

GIFA, this subpart, or any permit issued under this subpart;
    (6) Interfere with, obstruct, delay, oppose, impede, intimidate, or 
prevent by any means any boarding, investigation or search, wherever 
conducted, in the process of enforcing the Magnuson-Stevens Act, the 
applicable GIFA, this subpart, or any permit issued under this subpart;
    (7) Engage in any fishing activity for which the FFV does not have a 
permit as required under Sec. 600.501;
    (8) Engage in any fishing activity within the EEZ without a U.S. 
observer aboard the FFV, unless the requirement has been waived by the 
appropriate Regional Administrator;
    (9) Retain or attempt to retain within the EEZ, directly or 
indirectly, any U.S. harvested fish, unless the FFV has a permit for 
Activity Codes 4 or 6.
    (10) Use any fishing vessel to engage in fishing after the 
revocation, or during the period of suspension, of an applicable permit 
issued under this subpart;
    (11) Violate any provision of the applicable GIFA;
    (12) Falsely or incorrectly complete (including by omission) a 
permit application or permit form as specified in Sec. 600.501 (d) and 
(k);
    (13) Fail to report to the Assistant Administrator within 15 days 
any change in the information contained in the permit application for a 
FFV, as specified in Sec. 600.501(k);
    (14) Assault, resist, oppose, impede, intimidate, or interfere with 
an observer placed aboard an FFV under this subpart;
    (15) Interfere with or bias the sampling procedure employed by an 
observer, including sorting or discarding any catch prior to sampling, 
unless the observer has stated that sampling will not occur; or tamper 
with, destroy, or discard an observer's collected samples, equipment, 
records, photographic film, papers, or effects without the express 
consent of the observer;
    (16) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer from collecting samples, 
conducting product recovery rate determinations, making observations, or 
otherwise performing the observer's duties;
    (17) Harass or sexually harass an authorized officer or observer;
    (18) Fail to provide the required assistance to an observer as 
described at Sec. 600.506 (c) and (e);
    (19) Fail to identify, falsely identify, fail to properly maintain, 
or obscure the identification of the FFV or its gear as required by this 
subpart;
    (20) Falsify or fail to make, keep, maintain, or submit any record 
or report required by this subpart;
    (21) Fail to return to the sea or fail to otherwise treat prohibited 
species as required by this subpart;
    (22) Fail to report or falsely report any gear conflict;
    (23) Fail to report or falsely report any loss, jettisoning, or 
abandonment of fishing gear or other article into the EEZ that might 
interfere with fishing, obstruct fishing gear or vessels, or cause 
damage to any fishery resource or marine mammals;
    (24) Continue Activity Codes 1 through 4 after those activity codes 
have been canceled under Sec. 600.511;
    (25) Fail to maintain health and safety standards set forth in 
Sec. 600.506(d);
    (26) Violate any provisions of regulations for specific fisheries of 
this subpart;
    (27) On a scientific research vessel, engage in fishing other than 
recreational fishing authorized by applicable state, territorial, or 
Federal regulations;
    (28) Violate any provision of this subpart, the Magnuson-Stevens 
Act, the applicable GIFA, any notice issued under this subpart or any 
permit issued under this subpart; or
    (29) Attempt to do any of the foregoing.
    (b) It is unlawful for any FFV, and for the owner or operator of any 
FFV except an FFV engaged only in recreational fishing, to fish--
    (1) Within the boundaries of any state, unless the fishing is 
authorized by the Governor of that state as permitted by section 306(c) 
of the Magnuson-Stevens Act to engage in a joint venture for processing 
and support with U.S. fishing vessels in the internal waters of that 
state; or
    (2) Within the EEZ, or for any anadromous species or continental 
shelf

[[Page 53]]

fishery resources beyond the EEZ, unless the fishing is authorized by, 
and conducted in accordance with, a valid permit issued under 
Sec. 600.501.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.506  Observers.

    (a) General. To carry out such scientific, compliance monitoring, 
and other functions as may be necessary or appropriate to carry out the 
purposes of the Magnuson-Stevens Act, the appropriate Regional 
Administrator or Science and Research Director (see table 2 to 
Sec. 600.502) may assign U.S. observers to FFV's. Except as provided for 
in section 201(i)(2) of the Magnuson-Stevens Act, no FFV may conduct 
fishing operations within the EEZ unless a U.S. observer is aboard.
    (b) Effort plan. To ensure the availability of an observer as 
required by this section, the owners and operators of FFV's wanting to 
fish within the EEZ will submit to the appropriate Regional 
Administrator or Science and Research Director; and also to the Chief, 
Office of Enforcement, NMFS, Silver Spring, MD, a schedule of fishing 
effort 30 days prior to the beginning of each quarter. A quarter is a 
time period of 3 consecutive months beginning January 1, April 1, July 
1, and October 1 of each year. The schedule will contain the name and 
IRCS of each FFV intending to fish within the EEZ during the upcoming 
quarter, and each FFV's expected date of arrival and expected date of 
departure.
    (1) The appropriate Regional Administrator or Science and Research 
Director must be notified immediately of any substitution of vessels or 
any cancellation of plans to fish in the EEZ for FFV's listed in the 
effort plan required by this section.
    (2) If an arrival date of an FFV will vary more than 5 days from the 
date listed in the quarterly schedule, the appropriate Regional 
Administrator or Science and Research Director must be notified at least 
10 days in advance of the rescheduled date of arrival. If the notice 
required by this paragraph (b)(2) is not given, the FFV may not engage 
in fishing until an observer is available and has been placed aboard the 
vessel or the requirement has been waived by the appropriate Regional 
Administrator or Science and Research Director.
    (c) Assistance to observers. To assist the observer in the 
accomplishment of his or her assigned duties, the owner and operator of 
an FFV to which an observer is assigned must--
    (1) Provide, at no cost to the observer or the United States, 
accommodations for the observer aboard the FFV that are equivalent to 
those provided to the officers of that vessel.
    (2) Cause the FFV to proceed to such places and at such times as may 
be designated by the appropriate Regional Administrator or Science and 
Research Director for the purpose of embarking and debarking the 
observer.
    (3) Allow the observer to use the FFV's communications equipment and 
personnel upon demand for the transmission and receipt of messages.
    (4) Allow the observer access to and use of the FFV's navigation 
equipment and personnel upon demand to determine the vessel's position.
    (5) Allow the observer free and unobstructed access to the FFV's 
bridge, trawl, or working decks, holding bins, processing areas, freezer 
spaces, weight scales, cargo holds and any other space that may be used 
to hold, process, weigh, or store fish or fish products at any time.
    (6) Allow the observer to inspect and copy the FFV's daily log, 
communications log, transfer log, and any other log, document, notice, 
or record required by these regulations.
    (7) Provide the observer copies of any records required by these 
regulations upon demand.
    (8) Notify the observer at least 15 minutes before fish are brought 
on board or fish or fish products are transferred from the FFV to allow 
sampling the catch or observing the transfer, unless the observer 
specifically requests not to be notified.
    (9) Provide all other reasonable assistance to enable the observer 
to carry out his or her duties.
    (d) Health and safety standards. All foreign fishing vessels to 
which an observer is deployed must maintain, at all times that the 
vessel is in the EEZ, the following:
    (1) At least one working radar.

[[Page 54]]

    (2) Functioning navigation lights as required by international law.
    (3) A watch on the bridge by appropriately trained and experienced 
personnel while the vessel is underway.
    (4) Lifeboats and/or inflatable life rafts with a total carrying 
capacity equal to or greater than the number of people aboard the 
vessel. Lifeboats and inflatable life rafts must be maintained in good 
working order and be readily available.
    (5) Life jackets equal or greater in number to the total number of 
persons aboard the vessel. Life jackets must be stowed in readily 
accessible and plainly marked positions throughout the vessel, and 
maintained in a state of good repair.
    (6) At least one ring life buoy for each 25 ft (7.6 m) of vessel 
length, equipped with automatic water lights. Ring life buoys must have 
an outside diameter of not more than 32 inches (81.3 cm) nor less than 
30 inches (76.2 cm), and must be maintained in a state of good repair. 
Ring life buoys must be readily available, but not positioned so they 
pose a threat of entanglement in work areas. They must be secured in 
such a way that they can be easily cast loose in the event of an 
emergency.
    (7) At least one VHF-FM radio with a functioning channel 16 (156.8 
mHz), International Distress, Safety and Calling Frequency, and one 
functioning AM radio (SSB-Single Side Band) capable of operating at 2182 
kHz (SSB). Radios will be maintained in a radio room, chartroom, or 
other suitable location.
    (8) At least one Emergency Position Indicating Radio Beacon (EPIRB), 
approved by the USCG for offshore commercial use, stowed in a location 
so as to make it readily available in the event of an emergency.
    (9) At least six hand-held, rocket-propelled, parachute, red-flare 
distress signals, and three orange-smoke distress signals stowed in the 
pilothouse or navigation bridge in portable watertight containers.
    (10) All lights, shapes, whistles, foghorns, fog bells and gongs 
required by and maintained in accordance with the International 
Regulations for Preventing Collisions at Sea.
    (11) Clean and sanitary conditions in all living spaces, food 
service and preparation areas and work spaces aboard the vessel.
    (e) Observer transfers. (1) The operator of the FFV must ensure that 
transfers of observers at sea via small boat or raft are carried out 
during daylight hours as weather and sea conditions allow, and with the 
agreement of the observer involved. The FFV operator must provide the 
observer 3 hours advance notice of at-sea transfers, so that the 
observer may collect personal belongings, equipment, and scientific 
samples.
    (2) The FFV's involved must provide a safe pilot ladder and conduct 
the transfer according to the procedures of Sec. 600.504(d) to ensure 
the safety of the during the transfer.
    (3) An experienced crew member must assist the observer in the small 
boat or raft in which the transfer is made.
    (f) Supplementary observers. In the event funds are not available 
from Congressional appropriations of fees collected to assign an 
observer to a foreign fishing vessel, the appropriate Regional 
Administrator or Science and Research Director will assign a 
supplementary observer to that vessel. The costs of supplementary 
observers will be paid for by the owners and operators of foreign 
fishing vessels as provided for in paragraph (h) of this section.
    (g) Supplementary observer authority and duties. (1) A supplementary 
observer aboard a foreign fishing vessel has the same authority and must 
be treated in all respects as an observer who is employed by NMFS, 
either directly or under contract.
    (2) The duties of supplementary observers and their deployment and 
work schedules will be specified by the appropriate Regional 
Administrator or Science and Research Director.
    (3) All data collected by supplementary observers will be under the 
exclusive control of the Assistant Administrator.
    (h) Supplementary observer payment--(1) Method of payment. The 
owners and operators of foreign fishing vessels must pay directly to the 
contractor the costs of supplementary observer coverage. Payment must be 
made to the contractor supplying supplementary observer coverage either 
by letter of

[[Page 55]]

credit or certified check drawn on a federally chartered bank in U.S. 
dollars, or other financial institution acceptable to the contractor. 
The letter of credit used to pay supplementary observer fees to 
contractors must be separate and distinct from the letter of credit 
required by Sec. 600.518(b)(2). Billing schedules will be specified by 
the terms of the contract between NOAA and the contractors. Billings for 
supplementary observer coverage will be approved by the appropriate 
Regional Administrator or Science and Research Director and then 
transmitted to the owners and operators of foreign fishing vessels by 
the appropriate designated representative. Each country will have only 
one designated representative to receive observer bills for all vessels 
of that country, except as provided for by the Assistant Administrator. 
All bills must be paid within 10 working days of the billing date. 
Failure to pay an observer bill will constitute grounds to revoke 
fishing permits. All fees collected under this section will be 
considered interim in nature and subject to reconciliation at the end of 
the fiscal year in accordance with paragraph (h)(4) of this section and 
Sec. 600.518(d).
    (2) Contractor costs. The costs charged for supplementary observer 
coverage to the owners and operators of foreign fishing vessels may not 
exceed the costs charged to NMFS for the same or similar services, 
except that contractors may charge to the owners and operators of 
foreign fishing vessels an additional fee to cover the administrative 
costs of the program not ordinarily part of contract costs charged to 
NMFS. The costs charged foreign fishermen for supplementary observers 
may include, but are not limited to the following:
    (i) Salary and benefits, including overtime, for supplementary 
observers.
    (ii) The costs of post-certification training required by paragraph 
(j)(2) of this section.
    (iii) The costs of travel, transportation, and per diem associated 
with deploying supplementary observers to foreign fishing vessels 
including the cost of travel, transportation, and per diem from the 
supplementary observer's post of duty to the point of embarkation to the 
foreign fishing vessel, and then from the point of disembarkation to the 
post of duty from where the trip began. For the purposes of these 
regulations, the appropriate Regional Administrator or Science and 
Research Director will designate posts of duty for supplementary 
observers.
    (iv) The costs of travel, transportation, and per diem associated 
with the debriefing following deployment of a supplementary observer by 
NMFS officials.
    (v) The administrative and overhead costs incurred by the contractor 
and, if appropriate, a reasonable profit.
    (3) NMFS costs. The owners and operators of foreign fishing vessels 
must also pay to NMFS as part of the surcharge required by section 
201(i)(4) of the Magnuson-Stevens Act, the following costs:
    (i) The costs of certifying applicants for the position of 
supplementary observer.
    (ii) The costs of any equipment, including safety equipment, 
sampling equipment, operations manuals, or other texts necessary to 
perform the duties of a supplementary observer. The equipment will be 
specified by the appropriate Regional Administrator or Science and 
Research Director according to the requirements of the fishery to which 
the supplementary observer will be deployed.
    (iii) The costs associated with communications with supplementary 
observers for transmission of data and routine messages.
    (iv) For the purposes of monitoring the supplementary observer 
program, the costs for the management and analysis of data.
    (v) The costs for data editing and entry.
    (vi) Any costs incurred by NMFS to train, deploy or debrief a 
supplementary observer.
    (vii) The cost for U.S. Customs inspection for supplementary 
observers disembarking after deployment.
    (4) Reconciliation. Fees collected by the contractor in excess of 
the actual costs of supplementary observer coverage will be refunded to 
the owners and operators of foreign fishing vessels, or kept on deposit 
to defray the costs of future supplementary observer coverage. Refunds 
will be made within 60

[[Page 56]]

days after final costs are determined and approved by NMFS.
    (i) Supplementary observer contractors--(1) Contractor eligibility. 
Supplementary observers will be obtained by NMFS from persons or firms 
having established contracts to provide NMFS with observers. In the 
event no such contract is in place, NMFS will use established, 
competitive contracting procedures to select persons or firms to provide 
supplementary observers. The services supplied by the supplementary 
observer contractors will be as described within the contract and as 
specified below.
    (2) Supplementary observer contractors must submit for the approval 
of the Assistant Administrator the following:
    (i) A copy of any contract, including all attachments, amendments, 
and enclosures thereto, between the contractor and the owners and 
operators of foreign fishing vessels for whom the contractor will 
provide supplementary observer services.
    (ii) All application information for persons whom the contractor 
desires to employ as certified supplementary observers.
    (iii) Billing schedules and billings to the owners and operators of 
foreign fishing vessels for further transmission to the designated 
representative of the appropriate foreign nation.
    (iv) All data on costs.
    (j) Supplementary observers--certification, training--(1) 
Certification. The appropriate Regional Administrator or Science and 
Research Director will certify persons as qualified for the position of 
supplementary observer once the following conditions are met:
    (i) The candidate is a citizen or national of the United States.
    (ii) The candidate has education or experience equivalent to the 
education or experience required of persons used as observers by NMFS as 
either Federal personnel or contract employees. The education and 
experience required for certification may vary according to the 
requirements of managing the foreign fishery in which the supplementary 
observer is to be deployed. Documentation of U.S. citizenship or 
nationality, and education or experience will be provided from personal 
qualification statements on file with NMFS contractors who provide 
supplementary observer services, and will not require the submission of 
additional information to NMFS.
    (2) Training. Prior to deployment to foreign fishing vessels, 
certified supplementary observers must also meet the following 
conditions:
    (i) Each certified supplementary observer must satisfactorily 
complete a course of training approved by the appropriate Regional 
Administrator or Science and Research Director as equivalent to that 
received by persons used as observers by NMFS as either Federal 
personnel or contract employees. The course of training may vary 
according to the foreign fishery in which the supplementary observer is 
to be deployed.
    (ii) Each certified supplementary observer must agree in writing to 
abide by standards of conduct as set forth in Department of Commerce 
Administrative Order 202-735 (as provided by the contractor).
    (k) Supplementary observer certification suspension or revocation. 
(1) Certification of a supplementary observer may be suspended or 
revoked by the Assistant Administrator under the following conditions:
    (i) A supplementary observer fails to perform the duties specified 
in paragraph (g)(2) of this section.
    (ii) A supplementary observer fails to abide by the standards of 
conduct described by Department of Commerce Administrative Order 202-
735.
    (2) The suspension or revocation of the certification of a 
supplementary observer by the Assistant Administrator may be based on 
the following:
    (i) Boarding inspection reports by authorized officers of the USCG 
or NMFS, or other credible information, that indicate a supplementary 
observer has failed to abide by the established standards of conduct; or
    (ii) An analysis by NMFS of the data collected by a supplementary 
observer indicating improper or incorrect data collection or recording. 
The failure to properly collect or record data is sufficient to justify 
decertification of supplementary observers; no intent to defraud need be 
demonstrated.

[[Page 57]]

    (3) The Assistant Administrator will notify the supplementary 
observer, in writing, of the Assistant Administrator's intent to suspend 
or revoke certification, and the reasons therefor, and provide the 
supplementary observer a reasonable opportunity to respond. If the 
Assistant Administrator determines that there are disputed questions of 
material fact, then the Assistant Administrator may in this respect 
appoint an examiner to make an informal fact-finding inquiry and prepare 
a report and recommendations.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7074, 7075, Feb. 12, 
1998]



Sec. 600.507  Recordkeeping.

    (a) General. The owner and operator of each FFV must maintain timely 
and accurate records required by this section as modified by the 
regulations for the fishery in which the FFV is engaged.
    (1) The owner and operator of each FFV must maintain all required 
records in English, based on Greenwich mean time (GMT) unless otherwise 
specified in the regulation, and make them immediately available for 
inspection upon the request of an authorized officer or observer.
    (2) The owner and operator of each FFV must retain all required 
records on board the FFV whenever it is in the EEZ, for 3 years after 
the end of the permit period.
    (3) The owner and operator of each FFV must retain the required 
records and make them available for inspection upon the request of an 
authorized officer at any time during the 3 years after the end of the 
permit period, whether or not such records are on board the vessel.
    (4) The owner and operator of each FFV must provide to the Assistant 
Administrator, in the form and at the times prescribed, any other 
information requested that the Assistant Administrator determines is 
necessary to fulfill the fishery conservation, management and 
enforcement purposes of the Magnuson-Stevens Act.
    (b) Communications log. The owner and operator of each FFV must 
record in a separate communications log, at the time of transmittal, the 
time and content of each notification made under Sec. 600.504.
    (c) Transfer log. Except for the transfer of unsorted, unprocessed 
fish via codend from a catching vessel to a processing vessel (Activity 
Code 2 or 4), the owner and operator of each FFV must record, in a 
separate transfer log, each transfer or receipt of any fish or fishery 
product, including quantities transferred or offloaded outside the EEZ. 
The operator must record in the log within 12 hours of the completion of 
the transfer:
    (1) The time and date (GMT) and location (in geographic coordinates) 
the transfer began and was completed.
    (2) The product weight, by species and product (use species and 
product codes), of all fish transferred, to the nearest 0.01 mt.
    (3) The name, IRCS, and permit number of both the FFV offloading the 
fish and the FFV receiving the fish.
    (d) Daily fishing log. (1) The owner or operator of each FFV 
authorized to catch fish (Activity Code 1) must maintain a daily fishing 
log of the effort, catch and production of the FFV, as modified by 
paragraph (d)(2) of this section and the regulations for the fishery in 
which the FFV is engaged. The operator must maintain on a daily and 
cumulative basis for the permit period a separate log for each fishery 
(see table 2 to Sec. 600.502) in which the FFV is engaged according to 
this section and in the format specified in the instructions provided 
with the permit or other format authorized under paragraph (i) of this 
section. Daily effort entries are required for each day the vessel 
conducts fishing operations within the EEZ. Daily entries are not 
required whenever the FFV is in port or engaged in a joint venture in 
the internal waters of a state. Each page of log may contain entries 
pertaining to only one day's fishing operations or one gear set, 
whichever is longer.
    (2) The owner or operator of each FFV authorized to catch fish 
(Activity Code 1) and that delivers all catches to a processing vessel, 
must maintain only ``SECTION ONE-EFFORT'', of the daily fishing log, 
provided the processing vessel maintains a daily consolidated fishing 
log as described in paragraphs (f) and (g) of this section.

[[Page 58]]

    (e) Daily fishing log--contents. The daily fishing log must contain 
the following information, as modified by paragraph (d)(2) of this 
section and the regulations for the fishery in which the FFV is engaged, 
and be completed according to the format and instructions provided with 
the permit or other format authorized under paragraph (i) of this 
section.
    (1) ``SECTION ONE-EFFORT'' must contain on a daily basis--
    (i) A consecutive page number, beginning with the first day the 
vessel started fishing operations within the EEZ and continuing 
throughout the log.
    (ii) The date (based on GMT).
    (iii) The FFV's name.
    (iv) The FFV's IRCS.
    (v) The FFV's U.S. permit number.
    (vi) The FFV's noon (1200 GMT) position in geographic coordinates.
    (vii) The master or operator's signature or title.
    (2) ``SECTION ONE-EFFORT'' must contain, for each trawl or set, as 
appropriate to the gear type employed--
    (i) The consecutive trawl or set number, beginning with the first 
set of the calendar year.
    (ii) The fishing area in which the trawl or set was completed.
    (iii) The gear type.
    (iv) The time the gear was set.
    (v) The position of the set.
    (vi) The course of the set.
    (vii) The sea depth.
    (viii) The depth of the set.
    (ix) The duration of the set.
    (x) The hauling time.
    (xi) The position of the haul.
    (xii) The number of pots or longline units (where applicable).
    (xiii) The average number of hooks per longline unit (where 
applicable).
    (xiv) The trawl speed (where applicable).
    (xv) The mesh size of the trawl's codend (where applicable).
    (xvi) The estimated total weight of the catch for the trawl of set, 
to at least the nearest metric ton round weight.
    (3) ``SECTION TWO-CATCH'' must contain, for each trawl or set--
    (i) The consecutive set or trawl number from ``SECTION ONE''.
    (ii) The catch of each allocated species or species group to at 
least the nearest 0.1 mt round weight.
    (iii) The prohibited species catch to at least the nearest 0.1 mt 
round weight or by number, as required by the regulations for the 
fishery in which the FFV is engaged.
    (iv) The species code of each marine mammal caught and its condition 
when released.
    (4) ``SECTION TWO-CATCH'' must contain, on a daily basis--
    (i) The species codes for all allocated or prohibited species or 
species groups caught.
    (ii) For each allocated species--the amount, to at least the nearest 
0.1 mt, and the daily disposition, either processed for human 
consumption, used for fishmeal, or discarded; the daily catch by fishing 
area; the daily catch for all fishing areas; and the cumulative total 
catch.
    (iii) For the total catch of allocated species--the amount to at 
least the nearest 0.1 mt and the daily disposition, daily total catch by 
fishing area, daily total catch for all fishing areas, and cumulative 
total catch.
    (iv) The catch by fishing area, daily total, and cumulative total of 
each prohibited species.
    (5) ``SECTION THREE--PRODUCTION'' must contain, on a daily basis, 
for each allocated species caught and product produced--
    (i) The product by species code and product type.
    (ii) The daily product recovery rate of each species and product.
    (iii) The daily total product produced by species to at least the 
nearest 0.01 mt.
    (iv) The cumulative total of each product to at least the nearest 
0.01 mt.
    (v) The cumulative amount of product transferred.
    (vi) The balance of product remaining aboard the FFV.
    (vii) The total daily amount, cumulative amount, transferred product 
and balance of frozen product aboard the FFV to the nearest 0.01 mt.
    (viii) Transferred amount and balance of fishmeal and fish oil 
aboard to at least the nearest 0.01 mt.
    (f) Daily consolidated fishing or joint venture log. The operator of 
each FFV

[[Page 59]]

that receives unsorted, unprocessed fish from foreign catching vessels 
(Activity Code 2) for processing or receives U.S.-harvested fish from 
U.S. fishing vessels in a joint venture (Activity Code 4) must maintain 
a daily joint venture log of the effort, catch and production of its 
associated U.S. or foreign fishing vessels and the processing vessel as 
modified by the regulations for the fishery in which the FFV is engaged. 
This log is separate and in addition to the log required by paragraph 
(d) of this section. The operator must maintain a separate log for each 
fishery in which the FFV is engaged, on a daily and cumulative basis, 
according to this section and in the format specified in the 
instructions provided with the permit or other format authorized under 
paragraph (i) of this section. Receipts of fish caught outside the EEZ 
must be included. Each page of the log may contain entries pertaining to 
only one day's fishing operations.
    (g) Daily joint venture log--contents. Daily joint venture logs must 
contain the following information, as modified by the fishery in which 
the vessel is engaged, and be completed according to the format and 
instructions provided with the permit or other format authorized under 
paragraph (i) of this section.
    (1) ``SECTION ONE-EFFORT'' must contain, on a daily basis, that 
information required in paragraph (e)(1) of this section.
    (2) ``SECTION ONE-EFFORT'' must contain for each receipt of a 
codend--
    (i) The consecutive codend number, beginning with the first codend 
received for the calendar year.
    (ii) The name of the U.S. fishing vessel or the name and IRCS of the 
foreign fishing vessel the codend was received from.
    (iii) The fishing area where the codend was received.
    (iv) The time the codend was received.
    (v) The position the codend was received.
    (vi) The estimated weight of the codend to at least the nearest 
metric ton round weight.
    (3) ``SECTION TWO-CATCH'' must contain, for each codend received--
    (i) The consecutive codend number from ``SECTION ONE''.
    (ii) The receipts of each authorized species or species group and 
its disposition, either processed for human consumption, used for 
fishmeal, discarded, or returned to the U.S. fishing vessel, to at least 
the nearest 0.1 mt round weight.
    (iii) The estimated receipts of each prohibited species or species 
group and its disposition, either discarded or returned to the U.S. 
fishing vessel if authorized in the fishery in which the U.S. vessel is 
engaged, to at least the nearest 0.1 mt round weight.
    (iv) The species code of each marine mammal received and its 
condition when released.
    (4) ``SECTION TWO-CATCH'' must contain on a daily basis--
    (i) The species codes of all authorized or prohibited species or 
species groups received.
    (ii) The daily disposition, as described in paragraph (g)(3)(ii) of 
this section, daily total, and cumulative total receipts of each 
authorized species or species groups.
    (iii) The daily disposition, daily total and cumulative total 
receipts of all authorized species or species groups.
    (iv) The daily and cumulative total receipts of prohibited species 
groups and their disposition as described in paragraph (g)(3)(iii) of 
this section.
    (5) ``SECTION THREE--PRODUCTION'' must contain, on a daily basis, 
for each authorized species or species group received and product 
produced, that information required in paragraph (e)(5) of this section.
    (h) Daily log maintenance. The logs required by paragraphs (e) 
through (g) of this section must be maintained separately for each 
fishery (see table 2 to Sec. 600.502).
    (1) The effort section (all of ``SECTION ONE'') of the daily logs 
must be updated within 2 hours of the hauling or receipt time. The catch 
or receipt by trawl or set (``SECTION TWO'') must be entered within 12 
hours of the hauling or receipt time. The daily and cumulative total 
catch or receipts (``SECTION TWO'') and the production portion 
(``SECTION THREE'') of the log must be updated within 12 hours of the 
end of the day on which the catch was

[[Page 60]]

taken. The date of catch is the day and time (GMT) the gear is hauled.
    (2) Entries for total daily and cumulative catch or receipt weights 
(disposition ``C'' or ``M'') must be based on the most accurate method 
available to the vessel, either scale round weights or factory weights 
converted to round weights. Entries for daily and cumulative weights of 
discarded or returned fish (disposition ``D'' or ``R'') must be based on 
the most accurate method available to the vessel, either actual count, 
scale round weight, or estimated deck weights. Entries for product 
weights must be based on the number of production units (pans, boxes, 
blocks, trays, cans, or bags) and the average weight of the production 
unit, with reasonable allowances for water added. Allowances for water 
added cannot exceed 5 percent of the unit weight. Product weights cannot 
be based on the commercial or arbitrary wholesale weight of the product, 
but must be based on the total actual weight of the product as 
determined by representative samples.
    (3) The owner or operator must make all entries in indelible ink, 
with corrections to be accomplished by lining out and rewriting, rather 
than erasure.
    (i) Alternative log formats. As an alternative to the use of the 
specific formats provided, a Nation may submit a proposed log format for 
FFV's of that Nation for a general type of fishery operation in a 
fishery (i.e., joint venture operations) to the appropriate Regional 
Administrator and the USCG commander (see tables 1 and 2 to 
Sec. 600.502). With the agreement of the USCG commander, the Regional 
Administrator may authorize the use of that log format for vessels of 
the requesting Nation.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.508  Fishing operations.

    (a) Catching. Each FFV authorized for activity code 1 may catch 
fish. An FFV may retain its catch of any species or species group for 
which there is an unfilled national allocation. All fish caught will be 
counted against the national allocation, even if the fish are discarded, 
unless exempted by the regulations of the fishery in which the FFV is 
engaged. Catching operations may be conducted as specified by the 
regulations of the fishery in which the FFV is engaged and as modified 
by the FFV's permit.
    (b) Scouting. Each FFV authorized for Activity Codes 1 through 6 may 
scout for fish. Scouting may be conducted only in the fisheries area 
authorized by the scouting vessel's permit and under such other 
circumstances as may be designated in this subpart or the permit.
    (c) Processing. Each FFV with Activity Code 1 or 2 may process fish. 
Processing may only be conducted whenever and wherever catching 
operations for FFV's of that Nation are permitted, whenever and wherever 
joint venture operations are authorized by an FFV's permit under 
Activity Code 4, and under such other circumstances as may be designated 
in this subpart or the permit.
    (d) Support. Each FFV with Activity Codes 1, 2, 3, 5, or 8 may 
support other permitted FFV's. Each FFV with Activity Codes 4 or 6 may 
support U.S. vessels. Support operations may be conducted only in the 
fisheries areas authorized by the supporting vessel's permit, and under 
such other circumstances as may be designated in this subpart or the 
permit.
    (e) Joint ventures. Each FFV with Activity Code 4 in addition to 
Activity Codes 1 or 2 may also conduct operations with U.S. fishing 
vessels. These joint venture operations with U.S. fishing vessels may be 
conducted throughout the EEZ, and under such other circumstances as may 
be designated in these regulations or the permit. FFV's with activity 
code 4 may continue operations assisting U.S. fishing vessels, despite 
closures under Sec. 600.511(a).
    (f) Internal waters. For FFV's authorized under section 306(c) of 
the Magnuson-Stevens Act:
    (1) Each FFV may engage in fish processing and support of U.S. 
fishing vessels within the internal waters of that state in compliance 
with terms and conditions set by the authorizing Governor.
    (2) The owner or operator of each FFV must submit weekly reports on

[[Page 61]]

the amount of fish received from vessels of the United States and the 
location(s) where such fish were harvested.
    (i) Reports must include:
    (A) Vessel identification information for the FFV.
    (B) Date of each receipt of fish.
    (C) Amount of fish received, by species.
    (D) Location(s) from which the fish received were harvested and the 
name and official number of the vessel of the United States that 
harvested the fish.
    (ii) Owners or operators of FFV's processing fish in internal waters 
under the provisions of this paragraph (f) must request, from the 
Regional Administrator, the requirements regarding timing and submission 
of the reports, at least 15 days prior to the first receipt of fish from 
a vessel of the United States. The Regional Administrator shall 
stipulate the timing and submission requirements in writing.

[61 FR 32540, June 24, 1996, as amended at 62 FR 27183, May 19, 1997; 62 
FR 34397, June 26, 1997]



Sec. 600.509  Prohibited species.

    (a) The owner or operator of each FFV must minimize its catch or 
receipt of prohibited species.
    (b) After allowing for sampling by an observer (if any), the owner 
or operator of each FFV must sort its catch of fish received as soon as 
possible and return all prohibited species and species parts to the sea 
immediately with a minimum of injury, regardless of condition, unless a 
different procedure is specified by the regulations for the fishery in 
which the FFV is engaged. All prohibited species must be recorded in the 
daily fishing log and other fishing logs as specified by the regulations 
for the fishery in which the FFV is engaged.
    (c) All species of fish that an FFV has not been specifically 
allocated or authorized under this subpart to retain, including fish 
caught or received in excess of any allocation or authorization, are 
prohibited species.
    (d) It is a rebuttable presumption that any prohibited species or 
species part found on board an FFV was caught and retained in violation 
of this section.



Sec. 600.510  Gear avoidance and disposal.

    (a) Vessel and gear avoidance. (1) FFV's arriving on fishing grounds 
where fishing vessels are already fishing or have set their gear for 
that purpose must ascertain the position and extent of gear already 
placed in the sea and must not place themselves or their fishing gear so 
as to interfere with or obstruct fishing operations already in progress. 
Vessels using mobile gear must avoid fixed fishing gear.
    (2) The operator of each FFV must maintain on its bridge a current 
plot of broadcast fixed-gear locations for the area in which it is 
fishing, as required by the regulations for the fishery in which the FFV 
is engaged.
    (b) Gear conflicts. The operator of each FFV that is involved in a 
conflict or that retrieves the gear of another vessel must immediately 
notify the appropriate USCG commander identified in tables 1 and 2 to 
Sec. 600.502 and request disposal instructions. Each report must 
include:
    (1) The name of the reporting vessel.
    (2) A description of the incident and articles retrieved, including 
the amount, type of gear, condition, and identification markings.
    (3) The location of the incident.
    (4) The date and time of the incident.
    (c) Disposal of fishing gear and other articles. (1) The operator of 
an FFV in the EEZ may not dump overboard, jettison or otherwise discard 
any article or substance that may interfere with other fishing vessels 
or gear, or that may catch fish or cause damage to any marine resource, 
including marine mammals and birds, except in cases of emergency 
involving the safety of the ship or crew, or as specifically authorized 
by communication from the appropriate USCG commander or other authorized 
officer. These articles and substances include, but are not limited to, 
fishing gear, net scraps, bale straps, plastic bags, oil drums, 
petroleum containers, oil, toxic chemicals or any manmade items 
retrieved in an FFV's gear.
    (2) The operator of an FFV may not abandon fishing gear in the EEZ.
    (3) If these articles or substances are encountered, or in the event 
of accidental or emergency placement into the

[[Page 62]]

EEZ, the vessel operator must immediately report the incident to the 
appropriate USCG Commander indicated in tables 1 and 2 to Sec. 600.502, 
and give the information required in paragraph (b) of this section.



Sec. 600.511  Fishery closure procedures.

    (a) Activity Codes 1 and 2 for a fishery are automatically canceled 
in the following cases, unless otherwise specified by regulations 
specific to a fishery, when--
    (1) The OY for any allocated species or species group has been 
reached in that fishery;
    (2) The TALFF or catch allowance for any allocated species or 
species group has been reached in that fishery;
    (3) The foreign nation's allocation for any allocated species or 
species group has been reached; or
    (4) The letter of credit required in Sec. 600.518(b)(2) is not 
established and maintained.
    (b) Activity Code 4 is automatically canceled when--
    (1) The OY for a species with a JVP amount is reached;
    (2) The JVP amount for a species or species group is reached; or
    (3) The letter of credit required in Sec. 600.518(b)(2) is not 
established and maintained.
    (c) Notification. (1) The Regional Administrator is authorized to 
close a fishery on behalf of NMFS. The Regional Administrator will 
notify each FFV's designated representative of closures.
    (2) If possible, notice will be given 48 hours before the closure. 
However, each Nation and the owners and operators of all FFV's of that 
Nation are responsible for ending fishing operations when an allocation 
is reached.
    (d) Catch reconciliation. Vessel activity reports, U.S. surveillance 
observations, observer reports, and foreign catch and effort reports 
will be used to make the determination listed in paragraphs (a) and (b) 
of this section. If NMFS estimates of catch or other values made during 
the season differ from those reported by the foreign fleets, efforts may 
be initiated by the designated representative of each Nation to resolve 
such differences with NMFS. If, however, differences still persist after 
such efforts have been made, NMFS estimates will be the basis for 
decisions and will prevail.
    (e) Duration. Any closure under this section will remain in effect 
until an applicable new or increased allocation or JVP becomes available 
or the letter of credit required by Sec. 600.518(b)(2) is reestablished.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.512  Scientific research.

    (a) Scientific research activity. Persons planning to conduct 
scientific research activities in the EEZ that may be confused with 
fishing are encouraged to submit to the appropriate Regional 
Administrator, Director, or designee, 60 days or as soon as practicable 
prior to its start, a scientific research plan for each scientific 
cruise. The Regional Administrator, Director, or designee will 
acknowledge notification of scientific research activity by issuing to 
the operator or master of that vessel, or to the sponsoring institution, 
a letter of acknowledgment. This letter of acknowledgment is separate 
and distinct from any permit required under any other applicable law. If 
the Regional Administrator, Director, or designee, after review of a 
research plan, determines that it does not constitute scientific 
research activity, but rather fishing, the Regional Administrator, 
Director, or designee will inform the applicant as soon as practicable 
and in writing. The Regional Administrator, Director, or designee may 
also make recommendations to revise the research plan to make the cruise 
acceptable as scientific research activity. In order to facilitate 
identification of activity as scientific research, persons conducting 
scientific research activities are advised to carry a copy of the 
scientific research plan and the letter of acknowledgment on board the 
scientific research vessel. Activities conducted in accordance with a 
scientific research plan acknowledged by such a letter are presumed to 
be scientific research activities. The presumption may be overcome by 
showing that an activity does not fit the definition of scientific 
research activity or is outside the scope of the scientific research 
plan.

[[Page 63]]

    (b) Reports. Persons conducting scientific research are requested to 
submit a copy of any cruise report or other publication created as a 
result of the cruise, including the amount, composition, and disposition 
of their catch, to the appropriate Science and Research Director.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.513  Recreational fishing.

    (a) Foreign vessels conducting recreational fishing must comply only 
with this section, and Secs. 600.10, 600.504(a)(1), and 600.505 (as 
applicable). Such vessels may conduct recreational fishing within the 
EEZ and within the boundaries of a state. Any fish caught may not be 
sold, bartered, or traded.
    (b) The owners or operator and any other person aboard any foreign 
vessel conducting recreational fishing must comply with any Federal laws 
or regulations applicable to the domestic fishery while in the EEZ, and 
any state laws or regulations applicable while in state waters.



Sec. 600.514  Relation to other laws.

    (a) Persons affected by these regulations should be aware that other 
Federal and state statutes may apply to their activities.
    (b) Fishing vessel operators must exercise due care in the conduct 
of fishing activities near submarine cables. Damage to submarine cables 
resulting from intentional acts or from the failure to exercise due care 
in the conduct of fishing operations subjects the fishing vessel 
operator to enforcement action under the International Convention for 
the Protection of Submarine Cables, and to the criminal penalties 
prescribed by the Submarine Cable Act (47 U.S.C. 21) and other laws that 
implement that Convention. Fishing vessel operators also should be aware 
that the Submarine Cable Act prohibits fishing operations at a distance 
of less than 1 nautical mile (1.85 km) from a vessel engaged in laying 
or repairing a submarine cable; or at a distance of less than 0.25 
nautical mile (0.46 km) from a buoy or buoys intended to mark the 
position of a cable when being laid, or when out of order, or broken.



Sec. 600.515  Interpretation of 16 U.S.C. 1857(4).

    Section 307(4) of the Magnuson-Stevens Act prohibits any fishing 
vessel other than a vessel of the United States (foreign fishing vessel) 
from operating in the EEZ if all of the fishing gear on board the vessel 
is not stowed in compliance with that section ``unless such vessel is 
authorized to engage in fishing in the area in which the vessel is 
operating.'' If such a vessel has a permit authorization that is limited 
to fishing activities other than catching, taking or harvesting (such as 
support, scouting or processing activities), it must have all of its 
fishing gear stowed at all times while it is in the EEZ. If such a 
vessel has a permit authorization to engage in catching, taking or 
harvesting activities, but such authorization is limited to a specific 
area within the EEZ, and/or to a specific period of time, the vessel 
must have all of its fishing gear stowed while it is in the EEZ, except 
when it is in the specific area authorized, and/or during the specific 
period of time authorized.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.516  Total allowable level of foreign fishing (TALFF).

    (a) The TALFF, if any, with respect to any fishery subject to the 
exclusive fishery management authority of the United States, is that 
portion of the OY of such fishery that will not be caught by vessels of 
the United States.
    (b) Each specification of OY and each assessment of the anticipated 
U.S. harvest will be reviewed during each fishing season. Adjustments to 
TALFF's will be made based on updated information relating to status of 
stocks, estimated and actual performance of domestic and foreign fleets, 
and other relevant factors.
    (c) Specifications of OY and the initial estimates of U.S. harvests 
and TALFF's at the beginning of the relevant fishing year will be 
published in the Federal Register. Adjustments to those numbers will be 
published in the Federal Register upon occasion or as directed by 
regulations implementing FMPs. For current apportionments,

[[Page 64]]

contact the appropriate Regional Administrator or the Director.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.517  Allocations.

    The Secretary of State, in cooperation with the Secretary, 
determines the allocation among foreign nations of fish species and 
species groups. The Secretary of State officially notifies each foreign 
nation of its allocation. The burden of ascertaining and accurately 
transmitting current allocations and status of harvest of an applicable 
allocation to fishing vessels is upon the foreign nation and the owner 
or operator of the FFV.



Sec. 600.518  Fee schedule for foreign fishing.

    (a) Permit application fees. Each vessel permit application 
submitted under Sec. 600.501 must be accompanied by a fee of $354 per 
vessel, plus the surcharge, if required under paragraph (e) of this 
section, rounded to the nearest dollar. At the time the application is 
submitted to the DOS, a check for the fees, drawn on a U.S. bank, made 
out to ``Department of Commerce, NOAA,'' must be sent to the Director. 
The permit fee payment must be accompanied by a list of the vessels for 
which the payment is made.
    (b) Poundage fees--(1) Rates. If a Nation chooses to accept an 
allocation, poundage fees must be paid at the rate specified in the 
following table, plus the surcharge required by paragraph (c) of this 
section.

                    Table--Species and Poundage Fees
            [Dollars per metric ton, unless otherwise noted]
------------------------------------------------------------------------
                                                                Poundage
                         Species fees                             fees
------------------------------------------------------------------------
Northwest Atlantic Ocean fisheries:
  1. Butterfish..............................................     274.61
  2. Hake, red...............................................     163.97
  3. Hake, silver............................................     174.63
  4. Herring.................................................      61.76
  5. Mackerel, Atlantic......................................      58.33
  6. Other groundfish........................................     119.09
  7. Squid, Illex............................................     103.98
  8. Squid, Loligo...........................................     245.73
------------------------------------------------------------------------

    (2) Method of payment of poundage fees, surcharges and observer 
fees. (i) If a Nation chooses to accept an allocation, a revolving 
letter of credit (L/C) must be established and maintained to cover the 
poundage fees for at least 25 percent of the previous year's total 
allocations at the rate in paragraph (b)(1) of this section, or as 
determined by the Assistant Administrator, plus the surcharges and 
observer fees required by paragraphs (c) and (d) of this section. The L/
C must--
    (A) Be irrevocable.
    (B) Be with a bank subscribing to ICC Pub. 290.
    (C) Designate ``Department of Commerce, NOAA'' as beneficiary;
    (D) Allow partial withdrawals.
    (E) Be confirmed by a U.S. bank.
    (ii) The customer must pay all commissions, transmission, and 
service charges. No fishing will be allowed until the L/C is 
established, and authorized written notice of its issuance is provided 
to the Assistant Administrator.
    (3) Assessment of poundage fees. Poundage fees will be assessed 
quarterly for the actual catch during January through March, April 
through June, July through September, and October through December. The 
appropriate Regional Administrator will reconcile catch figures with 
each country following the procedures of Sec. 600.511(d). When the catch 
figures are agreed upon, NOAA will present a bill for collection as the 
documentary demand for payment to the confirming bank. If, after 45 days 
from the end of the quarter, catches have not been reconciled, the 
estimate of the Regional Administrator will stand and a bill will be 
issued for that amount. If necessary, the catch figures may be refined 
by the Regional Administrator during the next 60 days, and any 
modifications will be reflected in the next quarter's bill.
    (c) Surcharges. The owner or operator of each foreign vessel who 
accepts and pays permit application or poundage fees under paragraph (a) 
or (b) of this section must also pay a surcharge. The Assistant 
Administrator may reduce or waive the surcharge if it is determined that 
the Fishing Vessel and Gear Damage Compensation Fund is capitalized 
sufficiently. The Assistant Administrator also may increase the 
surcharge during the year to a maximum level of

[[Page 65]]

20 percent, if needed, to maintain capitalization of the fund. The 
Assistant Administrator has effectively waived the surcharge until 
further notice.
    (d) Observer fees. The Assistant Administrator will notify the 
owners or operators of FFV's of the estimated annual costs of placing 
observers aboard their vessels. The owners or operators of any such 
vessel must provide for repayment of those costs by including one-fourth 
of the estimated annual observer fee as determined by the Assistant 
Administrator in a L/C as prescribed in Sec. 600.518(b)(2). During the 
fiscal year, payment will be withdrawn from the L/C as required to cover 
anticipated observer coverage for the upcoming fishery. The Assistant 
Administrator will reconcile any differences between the estimated cost 
and actual costs of observer coverage within 90 days after the end of 
the fiscal year.
    (e) Financial assurances. (1) A foreign nation, or the owners and 
operators of certain vessels of that foreign nation, may be required by 
the Assistant Administrator to provide financial assurances. Such 
assurances may be required if--
    (i) Civil and criminal penalties assessed against fishing vessels of 
the Nation have not effectively deterred violations;
    (ii) Vessels of that Nation have engaged in fishing in the EEZ 
without proper authorization to conduct such activities;
    (iii) The Nation's vessel owners have refused to answer 
administrative charges or summons to appear in court; or
    (iv) Enforcement of Magnuson-Stevens Act civil or criminal judgments 
in the courts of a foreign nation is unattainable.
    (2) The level of financial assurances will be guided by the level of 
penalties assessed and costs to the U.S. Government.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.520  Northwest Atlantic Ocean fishery.

    (a) Purpose. Sections 600.520 and 600.525 regulate all foreign 
fishing conducted under a GIFA within the EEZ in the Atlantic Ocean 
north of 35 deg.00' N. lat.
    (b) Authorized fishery--(1) Allocations. Foreign vessels may engage 
in fishing only in accordance with applicable national allocations.
    (2) Time and area restrictions. (i) Fishing, including processing, 
scouting, and support of foreign or U.S. vessels, is prohibited south of 
35 deg.00' N. lat., and north and east of a line beginning at the shore 
at 44 deg.22' N. lat., 67 deg.52' W. long. and intersecting the boundary 
of the EEZ at 44 deg.11'12" N. lat., 67 deg.16'46" W. long.
    (ii) The Regional Administrator will consult with the Council prior 
to giving notice of any area or time restriction. NMFS will also consult 
with the USCG if the restriction is proposed to reduce gear conflicts. 
If NMFS determines after such consultation that the restriction appears 
to be appropriate, NMFS will publish the proposed restriction in the 
Federal Register, together with a summary of the information on which 
the restriction is based. Following a 30-day comment period, NMFS will 
publish a final action.
    (iii) The Regional Administrator may rescind any restriction if he/
she determines that the basis for the restriction no longer exists.
    (iv) Any notice of restriction shall operate as a condition imposed 
on the permit issued to the foreign vessels involved in the fishery.
    (3) TALFF. The TALFFs for the fisheries of the Northwest Atlantic 
Ocean are published in the Federal Register. Current TALFFs are also 
available from the Regional Administrator.
    (4) Species definitions. The category ``other finfish'' used in 
TALFFs and in allocations includes all species except:
    (i) The other allocated species, namely: Short-finned squid, long-
finned squid, Atlantic herring, Atlantic mackerel, river herring 
(includes alewife, blueback herring, and hickory shad), and butterfish.
    (ii) The prohibited species, namely: American plaice, American shad, 
Atlantic cod, Atlantic menhaden, Atlantic redfish, Atlantic salmon, all 
marlin, all spearfish, sailfish, swordfish, black sea bass, bluefish, 
croaker, haddock, ocean pout, pollock, red hake, scup, sea turtles, 
sharks (except

[[Page 66]]

dogfish), silver hake, spot, striped bass, summer flounder, tilefish, 
yellowtail flounder, weakfish, white hake, windowpane flounder, winter 
flounder, witch flounder, Continental Shelf fishery resources, and other 
invertebrates (except nonallocated squids).
    (5) Closures. The taking of any species for which a Nation has an 
allocation is permitted, provided that:
    (i) The vessels of the foreign nation have not caught the allocation 
of that Nation for any species or species group (e.g., ``other 
finfish''). When vessels of a foreign nation have caught an applicable 
allocation of any species, all further fishing other than scouting, 
processing, or support by vessels of that Nation must cease, even if 
other allocations have not been reached. Therefore, it is essential that 
foreign nations plan their fishing strategy to ensure that the reaching 
of an allocation for one species does not result in the premature 
closing of a Nation's fishery for other allocated species.
    (ii) The fishery has not been closed for other reasons under 
Sec. 600.511.
    (6) Allocation utilization. Foreign fishing vessels may elect to 
retain or discard allocated species; however, the computation of 
allocation utilization and fee refunds will be based on the total 
quantity of that species that was caught. Prohibited species must always 
be returned to the sea as required under Sec. 600.509.
    (c) Fishing areas. For the purposes of the Northwest Atlantic Ocean 
fishery, fishing areas are that portion of the EEZ shown inside the 
boundaries of the ``three digit statistical areas'' described in Figure 
1 to this section.

[[Page 67]]

[GRAPHIC] [TIFF OMITTED] TR24JN96.000


[[Page 68]]


[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.525  Atlantic herring fishery.

    (a) Initial specifications. The initial specifications of OY, DAH, 
DAP, JVP, TALFF, and reserve (if any) have been established by the PMP 
for Atlantic herring approved on July 6, 1995. These annual 
specifications will remain in effect unless adjusted pursuant to the 
provisions specified in paragraph (b) of this section.
    (b) Procedures to adjust initial specifications. NMFS may adjust 
these initial specifications upward or downward to produce the greatest 
overall benefit to the United States at any time prior to or during the 
fishing years for which the initial specifications are set by publishing 
notification in the Federal Register with the reasons for such 
adjustments. Any notice of adjustment may provide for public comment. 
Adjustments to the initial specifications may take into account the 
following information:
    (1) The estimated domestic processing capacity and extent to which 
it will be used.;
    (2) Landings and catch statistics.;
    (3) Stock assessments.
    (4) Relevant scientific information.



      Subpart G--Preemption of State Authority Under Section 306(b)



Sec. 600.605  General policy.

    It is the policy of the Secretary that preemption proceedings will 
be conducted expeditiously. The administrative law judge and counsel or 
other representative for each party are encouraged to make every effort 
at each stage of the proceedings to avoid delay.



Sec. 600.610  Factual findings for Federal preemption.

    (a) The two factual findings for Federal preemption of state 
management authority over a fishery are:
    (1) The fishing in a fishery that is covered by an FMP implemented 
under the Magnuson-Stevens Act is engaged in predominately within the 
EEZ and beyond such zone.
    (2) A state has taken any action, or omitted to take any action, the 
results of which will substantially and adversely affect the carrying 
out of such FMP.
    (b) Whether fishing is engaged in ``predominately'' within or beyond 
the EEZ will be determined after consideration of relevant factors, 
including but not limited to, the catch (based on numbers, value, or 
weight of fish caught, or other relevant factors) or fishing effort 
during the appropriate period, and in light of historical patterns of 
the distribution of catch or fishing effort for such stock or stocks of 
fish.
    (c) Whether relevant effects are substantial will be determined 
after consideration of the magnitude of such actual or potential 
effects. Relevant to this determination are various factors, including 
but not limited to, the proportion of the fishery (stock or stocks of 
fish and fishing for such stocks) that is subject to the effects of a 
particular state's action or omission, the characteristics and status 
(including migratory patterns and biological condition) of the stock or 
stocks of fish in the fishery, and the similarity or dissimilarity 
between the goals, objectives, or policies of the state's action or 
omission and the management goals or objectives specified in the FMP for 
the fishery or between the state and Federal conservation and management 
measures of the fishery.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.615  Commencement of proceedings.

    (a) Notice of proposed preemption. (1) If a proceeding under this 
part is deemed necessary, the Administrator must issue a notice of 
proposed preemption to the Attorney General of the State or States 
concerned. The notice will contain:
    (i) A recital of the legal authority and jurisdiction for 
instituting the proceeding.
    (ii) A concise statement of the Sec. 600.610 factual findings for 
Federal preemption upon which the notice is based.
    (iii) The time, place, and date of the hearing.

[[Page 69]]

    (2) The notice of proposed preemption will also be published in the 
Federal Register. This notification may be combined with any notice of 
proposed rulemaking published under paragraph (d)(1) of this section.
    (b) Response. The state will have the opportunity to respond in 
writing to the notice of proposed preemption.
    (c) Amendment. The Administrator may, at any time prior to the 
Secretary's decision, withdraw the notice of proposed preemption. Upon 
motion of either party before the record is closed, the administrative 
law judge may amend the notice of proposed preemption.
    (d) Proposed regulations--(1) In general. If additional regulations 
are required to govern fishing within the boundaries of a state, the 
Administrator may publish proposed regulations in the Federal Register 
concurrently with issuing the notification indicated in paragraph (a) of 
this section.
    (2) Emergency actions. Nothing in this section will prevent the 
Secretary from taking emergency action under section 305(c) of the 
Magnuson-Stevens Act.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.620  Rules pertaining to the hearing.

    (a) The civil procedure rules of the NOAA currently set forth in 15 
CFR part 904, subpart C (or as subsequently amended), apply to the 
proceeding after its commencement by service of notice (pursuant to 
Sec. 600.615) and prior to the Secretary's decision (Sec. 600.625), 
except that the following sections will not apply:
    (1) 15 CFR 904.201 (Definitions);
    (2) 15 CFR 904.206(a)(1) (Duties and powers of Judge); and
    (3) 15 CFR 904.272 (Administrative review of decision).
    (b) Additional duties and powers of judge--(1) Time periods. The 
administrative law judge is authorized to modify all time periods 
pertaining to the course of the hearing (under Secs. 600.615 and 
600.620) to expedite the proceedings, upon application and appropriate 
showing of need or emergency circumstances by a party.
    (2) Intervention. Intervention by persons not parties is not 
allowed.



Sec. 600.625  Secretary's decision.

    (a) The Secretary will, on the basis of the hearing, record the 
administrative law judge's recommended decision:
    (1) Accept or reject any of the findings or conclusions of the 
administrative law judge and decide whether the factual findings exist 
for Federal preemption of a state's authority within its boundaries 
(other than in its internal waters) with respect to the fishery in 
question;
    (2) Reserve decision on the merits or withdraw the notice of 
proposed preemption; or
    (3) Remand the case to the administrative law judge for further 
proceedings as may be appropriate, along with a statement of reasons for 
the remand.
    (b) Notification. (1) If the factual findings for Federal preemption 
are determined to exist, the Secretary will notify in writing the 
Attorney General of that state and the appropriate Council(s) of the 
preemption of that state's authority. The Secretary will also direct the 
Administrator to promulgate appropriate regulations proposed under 
Sec. 600.615(d) and otherwise to begin regulating the fishery within the 
state's boundaries (other than in its internal waters).
    (2) If the factual findings for Federal preemption are determined 
not to exist, the Secretary will notify, in writing, the Attorney 
General of the state and the appropriate Council(s) of that 
determination. The Secretary will also direct the Administrator to issue 
a notice withdrawing any regulations proposed under Sec. 600.615(d).



Sec. 600.630  Application for reinstatement of state authority.

    (a) Application or notice. (1) At any time after the promulgation of 
regulations under Sec. 600.625(b)(1) to regulate a fishery within a 
state's boundaries, the affected state may apply to the Secretary for 
reinstatement of state authority. The Secretary may also serve upon such 
state a notice of intent to terminate such Federal regulation. A state's 
application must include a clear and concise statement of:
    (i) The action taken by the State to correct the action or omission 
found to have substantially and adversely affected the carrying out of 
the FMP; or

[[Page 70]]

    (ii) Any changed circumstances that affect the relationship of the 
state's action or omission to take action to the carrying out of the FMP 
(including any amendment to such plan); and
    (iii) Any laws, regulations, or other materials that the state 
believes support the application.
    (2) Any such application received by the Secretary or notice issued 
to the State will be published in the Federal Register.
    (b) Informal response. The Secretary has sole discretion to accept 
or reject the application or response. If the Secretary accepts the 
application or rejects any responses and finds that the reasons for 
regulation of the fishery within the boundaries of the state no longer 
prevail, the Secretary will promptly terminate such regulation and 
publish in the Federal Register any regulatory amendments necessary to 
accomplish that end.
    (c) Hearing. The Secretary has sole discretion to direct the 
Administrator to schedule hearings for the receipt of evidence by an 
administrative law judge. Hearings before the administrative law judge 
to receive such evidence will be conducted in accordance with 
Sec. 600.620. Upon conclusion of such hearings, the administrative law 
judge will certify the record and a recommended decision to the 
Secretary. If the Secretary, upon consideration of the state's 
application or any response to the notice published under 
Sec. 600.630(a)(2), the hearing record, the recommended decision, and 
any other relevant materials finds that the reasons for regulation of 
the fishery within the boundaries of the state no longer prevail, the 
Secretary will promptly terminate such regulation and publish in the 
Federal Register any regulatory amendments necessary to accomplish that 
end.



          Subpart H--General Provisions for Domestic Fisheries



Sec. 600.705  Relation to other laws.

    (a) General. Persons affected by these regulations should be aware 
that other Federal and state statutes and regulations may apply to their 
activities. Vessel operators may wish to refer to USCG regulations found 
in the Code of Federal Regulations title 33--Navigation and Navigable 
Waters and 46--Shipping; 15 CFR part 904, subpart D--Permit Sanctions 
and Denials; and title 43--Public Lands (in regard to marine 
sanctuaries).
    (b) State responsibilities. Certain responsibilities relating to 
data collection and enforcement may be performed by authorized state 
personnel under a state/Federal agreement for data collection and a 
tripartite agreement among the state, the USCG, and the Secretary for 
enforcement.
    (c) Submarine cables. Fishing vessel operators must exercise due 
care in the conduct of fishing activities near submarine cables. Damage 
to the submarine cables resulting from intentional acts or from the 
failure to exercise due care in the conduct of fishing operations 
subjects the fishing vessel operator to the criminal penalties 
prescribed by the Submarine Cable Act (47 U.S.C. 21) which implements 
the International Convention for the Protection of Submarine Cables. 
Fishing vessel operators also should be aware that the Submarine Cable 
Act prohibits fishing operations at a distance of less than 1 nautical 
mile (1.85 km) from a vessel engaged in laying or repairing a submarine 
cable; or at a distance of less than 0.25 nautical mile (0.46 km) from a 
buoy or buoys intended to mark the position of a cable when being laid 
or when out of order or broken.
    (d) Marine mammals. Regulations governing exemption permits and the 
recordkeeping and reporting of the incidental take of marine mammals are 
set forth in part 229 of this title.
    (e) Halibut fishing. Fishing for halibut is governed by regulations 
of the International Pacific Halibut Commission set forth at part 300 of 
this title.
    (f) Marine sanctuaries. All fishing activity, regardless of species 
sought, is prohibited under 15 CFR part 924 in the U.S.S. Monitor Marine 
Sanctuary, which is located approximately 15 miles southwest of Cape 
Hatteras off the coast of North Carolina.



Sec. 600.710  Permits.

    Regulations pertaining to permits required for certain fisheries are 
set forth in the parts of this chapter governing those fisheries.

[[Page 71]]



Sec. 600.715  Recordkeeping and reporting.

    Regulations pertaining to records and reports required for certain 
fisheries are set forth in the parts of this chapter governing those 
fisheries.



Sec. 600.720  Vessel and gear identification.

    Regulations pertaining to special vessel and gear markings required 
for certain fisheries are set forth in the parts of this chapter 
governing those fisheries.



Sec. 600.725  General prohibitions.

    It is unlawful for any person to do any of the following:
    (a) Possess, have custody or control of, ship, transport, offer for 
sale, sell, purchase, land, import, or export, any fish or parts thereof 
taken or retained in violation of the Magnuson-Stevens Act or any other 
statute administered by NOAA and/or any regulation or permit issued 
under the Magnuson-Stevens Act.
    (b) Transfer or attempt to transfer, directly or indirectly, any 
U.S.-harvested fish to any foreign fishing vessel, while such vessel is 
in the EEZ, unless the foreign fishing vessel has been issued a permit 
under section 204 of the Magnuson-Stevens Act, which authorizes the 
receipt by such vessel of U.S.- harvested fish.
    (c) Fail to comply immediately with enforcement and boarding 
procedures specified in Sec. 600.730.
    (d) Refuse to allow an authorized officer to board a fishing vessel 
or to enter areas of custody for purposes of conducting any search, 
inspection, or seizure in connection with the enforcement of the 
Magnuson-Stevens Act or any other statute administered by NOAA.
    (e) Dispose of fish or parts thereof or other matter in any manner, 
after any communication or signal from an authorized officer, or after 
the approach by an authorized officer or an enforcement vessel or 
aircraft.
    (f) Assault, resist, oppose, impede, intimidate, threaten, or 
interfere with any authorized officer in the conduct of any search, 
inspection, or seizure in connection with enforcement of the Magnuson-
Stevens Act or any other statute administered by NOAA.
    (g) Interfere with, delay, or prevent by any means, the apprehension 
of another person, knowing that such person has committed any act 
prohibited by the Magnuson-Stevens Act or any other statute administered 
by NOAA.
    (h) Resist a lawful arrest for any act prohibited under the 
Magnuson-Stevens Act or any other statute administered by NOAA.
    (i) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, offer of sale, possession, transport, import, export, or transfer 
of any fish, or attempts to do any of the above.
    (j) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson-Stevens Act or any other 
statute administered by NOAA.
    (k) Fish in violation of the terms or conditions of any permit or 
authorization issued under the Magnuson-Stevens Act or any other statute 
administered by NOAA.
    (l) Fail to report catches as required while fishing pursuant to an 
exempted fishing permit.
    (m) On a scientific research vessel, engage in fishing other than 
recreational fishing authorized by applicable state or Federal 
regulations.
    (n) Trade, barter, or sell; or attempt to trade, barter, or sell 
fish possessed or retained while fishing pursuant to an authorization 
for an exempted educational activity.
    (o) Harass or sexually harass an authorized officer or an observer.
    (p) Fail to submit to a USCG safety examination when required by 
NMFS pursuant to Sec. 600.746.
    (q) Fail to display a Commercial Fishing Vessel Safety Examination 
decal or a valid certificate of compliance or inspection pursuant to 
Sec. 600.746.
    (r) Fail to provide to an observer, a NMFS employee, or a designated 
observer provider information that has been requested pursuant to 
Sec. 600.746, or

[[Page 72]]

fail to allow an observer, a NMFS employee, or a designated observer 
provider to inspect any item described at Sec. 600.746.
    (s) Fish without an observer when the vessel is required to carry an 
observer.
    (t) Assault, oppose, impede, intimidate, or interfere with a NMFS-
approved observer aboard a vessel.
    (u) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer from conducting his or her 
duties aboard a vessel.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 27217; May 18, 1998]



Sec. 600.730  Facilitation of enforcement.

    (a) General. The operator of, or any other person aboard, any 
fishing vessel subject to parts 622 through 699 of this chapter must 
immediately comply with instructions and signals issued by an authorized 
officer to stop the vessel and with instructions to facilitate safe 
boarding and inspection of the vessel, its gear, equipment, fishing 
record (where applicable), and catch for purposes of enforcing the 
Magnuson-Stevens Act or any other statute administered by NOAA and this 
chapter.
    (b) Communications. (1) Upon being approached by a USCG vessel or 
aircraft, or other vessel or aircraft with an authorized officer aboard, 
the operator of a fishing vessel must be alert for communications 
conveying enforcement instructions.
    (2) VHF-FM radiotelephone is the preferred method for communicating 
between vessels. If the size of the vessel and the wind, sea, and 
visibility conditions allow, a loudhailer may be used instead of the 
radio. Hand signals, placards, high frequency radiotelephone, or voice 
may be employed by an authorized officer, and message blocks may be 
dropped from an aircraft.
    (3) If other communications are not practicable, visual signals may 
be transmitted by flashing light directed at the vessel signaled. USCG 
units will normally use the flashing light signal ``L'' as the signal to 
stop. In the International Code of Signals, ``L'' (.-..) means ``you 
should stop your vessel instantly.'' (Period (.) means a short flash of 
light; dash (-) means a long flash of light.)
    (4) Failure of a vessel's operator promptly to stop the vessel when 
directed to do so by an authorized officer using loudhailer, 
radiotelephone, flashing light signal, or other means constitutes prima 
facie evidence of the offense of refusal to permit an authorized officer 
to board.
    (5) The operator of a vessel who does not understand a signal from 
an enforcement unit and who is unable to obtain clarification by 
loudhailer or radiotelephone must consider the signal to be a command to 
stop the vessel instantly.
    (c) Boarding. The operator of a vessel directed to stop must:
    (1) Guard Channel 16, VHF-FM, if so equipped.
    (2) Stop immediately and lay to or maneuver in such a way as to 
allow the authorized officer and his/her party to come aboard.
    (3) Except for those vessels with a freeboard of 4 ft (1.2 m) or 
less, provide a safe ladder, if needed, for the authorized officer and 
his/her party to come aboard.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or observer, provide a manrope or safety line, and 
illumination for the ladder.
    (5) Take such other actions as necessary to facilitate boarding and 
to ensure the safety of the authorized officer and the boarding party.
    (d) Signals. The following signals, extracted from the International 
Code of Signals, may be sent by flashing light by an enforcement unit 
when conditions do not allow communications by loudhailer or 
radiotelephone. Knowledge of these signals by vessel operators is not 
required. However, knowledge of these signals and appropriate action by 
a vessel operator may preclude the necessity of sending the signal ``L'' 
and the necessity for the vessel to stop instantly. (Period (.) means a 
short flash of light; dash (-) means a long flash of light.)
    (1) ``AA'' repeated (.-.-) is the call to an unknown station. The 
operator of the signaled vessel should respond by

[[Page 73]]

identifying the vessel by radiotelephone or by illuminating the vessel's 
identification.
    (2) ``RY-CY'' (.-. -.-- -.-. -.--) means ``you should proceed at 
slow speed, a boat is coming to you.'' This signal is normally employed 
when conditions allow an enforcement boarding without the necessity of 
the vessel being boarded coming to a complete stop, or, in some cases, 
without retrieval of fishing gear which may be in the water.
    (3) ``SQ3'' (... --.- ...--) means ``you should stop or heave to; I 
am going to board you.''

[61 FR 32540, June 24, 1996, as amended at 61 FR 37225, July 17, 1996; 
63 FR 7075, Feb. 12, 1998]



Sec. 600.735  Penalties.

    Any person committing, or fishing vessel used in the commission of a 
violation of the Magnuson-Stevens Act or any other statute administered 
by NOAA and/or any regulation issued under the Magnuson-Stevens Act, is 
subject to the civil and criminal penalty provisions and civil 
forfeiture provisions of the Magnuson-Stevens Act, to this section, to 
15 CFR part 904 (Civil Procedures), and to other applicable law.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.740  Enforcement policy.

    (a) The Magnuson-Stevens Act provides four basic enforcement 
remedies for violations, in ascending order of severity, as follows:
    (1) Issuance of a citation (a type of warning), usually at the scene 
of the offense (see 15 CFR part 904, subpart E).
    (2) Assessment by the Administrator of a civil money penalty.
    (3) For certain violations, judicial forfeiture action against the 
vessel and its catch.
    (4) Criminal prosecution of the owner or operator for some offenses. 
It shall be the policy of NMFS to enforce vigorously and equitably the 
provisions of the Magnuson-Stevens Act by utilizing that form or 
combination of authorized remedies best suited in a particular case to 
this end.
    (b) Processing a case under one remedial form usually means that 
other remedies are inappropriate in that case. However, further 
investigation or later review may indicate the case to be either more or 
less serious than initially considered, or may otherwise reveal that the 
penalty first pursued is inadequate to serve the purposes of the 
Magnuson-Stevens Act. Under such circumstances, the Agency may pursue 
other remedies either in lieu of or in addition to the action originally 
taken. Forfeiture of the illegal catch does not fall within this general 
rule and is considered in most cases as only the initial step in 
remedying a violation by removing the ill-gotten gains of the offense.
    (c) If a fishing vessel for which a permit has been issued under the 
Magnuson-Stevens Act is used in the commission of an offense prohibited 
by section 307 of the Magnuson-Stevens Act, NOAA may impose permit 
sanctions, whether or not civil or criminal action has been undertaken 
against the vessel or its owner or operator. In some cases, the 
Magnuson-Stevens Act requires permit sanctions following the assessment 
of a civil penalty or the imposition of a criminal fine. In sum, the 
Magnuson-Stevens Act treats sanctions against the fishing vessel permit 
to be the carrying out of a purpose separate from that accomplished by 
civil and criminal penalties against the vessel or its owner or 
operator.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.745  Scientific research activity, exempted fishing, and exempted educational activity.

    (a) Scientific research activity. Nothing in this section is 
intended to inhibit or prevent any scientific research activity 
conducted by a scientific research vessel. Persons planning to conduct 
scientific research activities in the EEZ are encouraged to submit to 
the appropriate Regional Administrator, Director, or designee, 60 days 
or as soon as practicable prior to its start, a scientific research plan 
for each scientific cruise. The Regional Administrator, Director, or 
designee will acknowledge notification of scientific research activity 
by issuing to the operator or

[[Page 74]]

master of that vessel, or to the sponsoring institution, a letter of 
acknowledgment. This letter of acknowledgment is separate and distinct 
from any permit required by any other applicable law. If the Regional 
Administrator, Director, or designee, after review of a research plan, 
determines that it does not constitute scientific research but rather 
fishing, the Regional Administrator, Director, or designee will inform 
the applicant as soon as practicable and in writing. The Regional 
Administrator, Director, or designee may also make recommendations to 
revise the research plan to make the cruise acceptable as scientific 
research activity or recommend the applicant request an EFP. In order to 
facilitate identification of activity as scientific research, persons 
conducting scientific research activities are advised to carry a copy of 
the scientific research plan and the letter of acknowledgment on board 
the scientific research vessel. Activities conducted in accordance with 
a scientific research plan acknowledged by such a letter are presumed to 
be scientific research activity. The presumption may be overcome by 
showing that an activity does not fit the definition of scientific 
research activity or is outside the scope of the scientific research 
plan.
    (b) Exempted fishing.--(1) General. A NMFS Regional Administrator or 
Director may authorize, for limited testing, public display, data 
collection, exploratory, health and safety, environmental cleanup, and/
or hazard removal purposes, the target or incidental harvest of species 
managed under an FMP or fishery regulations that would otherwise be 
prohibited. Exempted fishing may not be conducted unless authorized by 
an EFP issued by a Regional Administrator or Director in accordance with 
the criteria and procedures specified in this section. The Regional 
Administrator or Director may charge a fee to recover the administrative 
expenses of issuing an EFP. The amount of the fee will be calculated, at 
least annually, in accordance with procedures of the NOAA Handbook for 
determining administrative costs of each special product or service; the 
fee may not exceed such costs. Persons may contact the appropriate 
Regional Administrator or Director to find out the applicable fee.
    (2) Application. An applicant for an EFP shall submit a completed 
application package to the appropriate Regional Administrator or 
Director, as soon as practicable and at least 60 days before the desired 
effective date of the EFP. Submission of an EFP application less than 60 
days before the desired effective date of the EFP may result in a 
delayed effective date because of review requirements. The application 
package must include payment of any required fee as specified by 
paragraph (b)(1) of this section, and a written application that 
includes, but is not limited to, the following information:
    (i) The date of the application.
    (ii) The applicant's name, mailing address, and telephone number.
    (iii) A statement of the purposes and goals of the exempted fishery 
for which an EFP is needed, including justification for issuance of the 
EFP.
    (iv) For each vessel to be covered by the EFP, as soon as the 
information is available and before operations begin under the EFP:
    (A) A copy of the USCG documentation, state license, or registration 
of each vessel, or the information contained on the appropriate 
document.
    (B) The current name, address, and telephone number of the owner and 
master, if not included on the document provided for the vessel.
    (v) The species (target and incidental) expected to be harvested 
under the EFP, the amount(s) of such harvest necessary to conduct the 
exempted fishing, the arrangements for disposition of all regulated 
species harvested under the EFP, and any anticipated impacts on marine 
mammals or endangered species.
    (vi) For each vessel covered by the EFP, the approximate time(s) and 
place(s) fishing will take place, and the type, size, and amount of gear 
to be used.
    (vii) The signature of the applicant.
    (viii) The Regional Administrator or Director, as appropriate, may 
request from an applicant additional information necessary to make the 
determinations required under this section. An

[[Page 75]]

incomplete application or an application for which the appropriate fee 
has not been paid will not be considered until corrected in writing and 
the fee paid. An applicant for an EFP need not be the owner or operator 
of the vessel(s) for which the EFP is requested.
    (3) Issuance. (i) The Regional Administrator or Director, as 
appropriate, will review each application and will make a preliminary 
determination whether the application contains all of the required 
information and constitutes an activity appropriate for further 
consideration. If the Regional Administrator or Director finds that any 
application does not warrant further consideration, both the applicant 
and the affected Council(s) will be notified in writing of the reasons 
for the decision. If the Regional Administrator or Director determines 
that any application warrants further consideration, notification of 
receipt of the application will be published in the Federal Register 
with a brief description of the proposal, and the intent of NMFS to 
issue an EFP. Interested persons will be given a 15- to 45-day 
opportunity to comment and/or comments will be requested during public 
testimony at a Council meeting. The notification may establish a cut-off 
date for receipt of additional applications to participate in the same, 
or a similar, exempted fishing activity. The Regional Administrator or 
Director also will forward copies of the application to the Council(s), 
the USCG, and the appropriate fishery management agencies of affected 
states, accompanied by the following information:
    (A) The effect of the proposed EFP on the target and incidental 
species, including the effect on any TAC.
    (B) A citation of the regulation or regulations that, without the 
EFP, would prohibit the proposed activity.
    (C) Biological information relevant to the proposal, including 
appropriate statements of environmental impacts, including impacts on 
marine mammals and threatened or endangered species.
    (ii) If the application is complete and warrants additional 
consultation, the Regional Administrator or Director may consult with 
the appropriate Council(s) concerning the permit application during the 
period in which comments have been requested. The Council(s) or the 
Administrator or Regional Administrator shall notify the applicant in 
advance of any meeting at which the application will be considered, and 
offer the applicant the opportunity to appear in support of the 
application.
    (iii) As soon as practicable after receiving responses from the 
agencies identified in paragraph (b)(3)(i) of this section, and/or after 
the consultation, if any, described in paragraph (b)(3)(ii) of this 
section, the Regional Administrator or Director shall notify the 
applicant in writing of the decision to grant or deny the EFP, and, if 
denied, the reasons for the denial. Grounds for denial of an EFP 
include, but are not limited to, the following:
    (A) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his or her application; or
    (B) According to the best scientific information available, the 
harvest to be conducted under the permit would detrimentally affect the 
well-being of the stock of any regulated species of fish, marine mammal, 
or threatened or endangered species in a significant way; or
    (C) Issuance of the EFP would have economic allocation as its sole 
purpose; or
    (D) Activities to be conducted under the EFP would be inconsistent 
with the intent of this section, the management objectives of the FMP, 
or other applicable law; or
    (E) The applicant has failed to demonstrate a valid justification 
for the permit; or
    (F) The activity proposed under the EFP could create a significant 
enforcement problem.
    (iv) The decision of a Regional Administrator or Director to grant 
or deny an EFP is the final action of NMFS. If the permit, as granted, 
is significantly different from the original application, or is denied, 
NMFS may publish notification in the Federal Register describing the 
exempted fishing to be conducted under the EFP or the reasons for 
denial.

[[Page 76]]

    (v) The Regional Administrator or Director may attach terms and 
conditions to the EFP consistent with the purpose of the exempted 
fishing, including, but not limited to:
    (A) The maximum amount of each regulated species that can be 
harvested and landed during the term of the EFP, including trip 
limitations, where appropriate.
    (B) The number, size(s), name(s), and identification number(s) of 
the vessel(s) authorized to conduct fishing activities under the EFP.
    (C) The time(s) and place(s) where exempted fishing may be 
conducted.
    (D) The type, size, and amount of gear that may be used by each 
vessel operated under the EFP.
    (E) The condition that observers, a vessel monitoring system, or 
other electronic equipment be carried on board vessels operated under an 
EFP, and any necessary conditions, such as predeployment notification 
requirements.
    (F) Reasonable data reporting requirements.
    (G) Other conditions as may be necessary to assure compliance with 
the purposes of the EFP, consistent with the objectives of the FMP and 
other applicable law.
    (H) Provisions for public release of data obtained under the EFP 
that are consistent with NOAA confidentiality of statistics procedures 
at set out in subpart E. An applicant may be required to waive the right 
to confidentiality of information gathered while conducting exempted 
fishing as a condition of an EFP.
    (4) Duration. Unless otherwise specified in the EFP or a superseding 
notice or regulation, an EFP is effective for no longer than 1 year, 
unless revoked, suspended, or modified. EFPs may be renewed following 
the application procedures in this section.
    (5) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (6) Transfer. EFPs issued under this section are not transferable or 
assignable. An EFP is valid only for the vessel(s) for which it is 
issued.
    (7) Inspection. Any EFP issued under this section must be carried on 
board the vessel(s) for which it was issued. The EFP must be presented 
for inspection upon request of any authorized officer.
    (8) Sanctions. Failure of a permittee to comply with the terms and 
conditions of an EFP may be grounds for revocation, suspension, or 
modification of the EFP with respect to all persons and vessels 
conducting activities under the EFP. Any action taken to revoke, 
suspend, or modify an EFP for enforcement purposes will be governed by 
15 CFR part 904, subpart D.
    (c) Reports. (1) Persons conducting scientific research activity are 
requested to submit a copy of any cruise report or other publication 
created as a result of the cruise, including the amount, composition, 
and disposition of their catch, to the appropriate Science and Research 
Director.
    (2) Persons fishing under an EFP are required to report their 
catches to the appropriate Regional Administrator or Director, as 
specified in the EFP.
    (d) Exempted educational activities--(1) General. A NMFS Regional 
Administrator or Director may authorize, for educational purposes, the 
target or incidental harvest of species managed under an FMP or fishery 
regulations that would otherwise be prohibited. The decision of a 
Regional Administrator or Director to grant or deny an exempted 
educational activity authorization is the final action of NMFS. Exempted 
educational activities may not be conducted unless authorized in writing 
by a Regional Administrator or Director in accordance with the criteria 
and procedures specified in this section. Such authorization will be 
issued without charge.
    (2) Application. An applicant for an exempted educational activity 
authorization shall submit to the appropriate Regional Administrator or 
Director, at least 15 days before the desired effective date of the 
authorization, a written application that includes, but is not limited 
to, the following information:
    (i) The date of the application.
    (ii) The applicant's name, mailing address, and telephone number.
    (iii) A brief statement of the purposes and goals of the exempted 
educational

[[Page 77]]

activity for which authorization is requested, including a general 
description of the arrangements for disposition of all species 
collected.
    (iv) Evidence that the sponsoring institution is a valid educational 
institution, such as accreditation by a recognized national or 
international accreditation body.
    (v) The scope and duration of the activity.
    (vi) For each vessel to be covered by the authorization:
    (A) A copy of the U.S. Coast Guard documentation, state license, or 
registration of the vessel, or the information contained on the 
appropriate document.
    (B) The current name, address, and telephone number of the owner and 
master, if not included on the document provided for the vessel.
    (vii) The species and amounts expected to be caught during the 
exempted educational activity.
    (viii) For each vessel covered by the authorization, the approximate 
time(s) and place(s) fishing will take place, and the type, size, and 
amount of gear to be used.
    (ix) The signature of the applicant.
    (x) The Regional Administrator or Director may request from an 
applicant additional information necessary to make the determinations 
required under this section. An incomplete application will not be 
considered until corrected in writing.
    (3) Issuance. (i) The Regional Administrator or Director, as 
appropriate, will review each application and will make a determination 
whether the application contains all of the required information, is 
consistent with the goals, objectives, and requirements of the FMP or 
regulations and other applicable law, and constitutes a valid exempted 
educational activity. The applicant will be notified in writing of the 
decision within 5 working days of receipt of the application.
    (ii) The Regional Administrator or Director may attach terms and 
conditions to the authorization, consistent with the purpose of the 
exempted educational activity, including, but not limited to:
    (A) The maximum amount of each regulated species that may be 
harvested.
    (B) The time(s) and place(s) where the exempted educational activity 
may be conducted.
    (C) The type, size, and amount of gear that may be used by each 
vessel operated under the authorization.
    (D) Reasonable data reporting requirements.
    (E) Such other conditions as may be necessary to assure compliance 
with the purposes of the authorization, consistent with the objectives 
of the FMP or regulations.
    (F) Provisions for public release of data obtained under the 
authorization, consistent with NOAA confidentiality of statistics 
procedures in subpart E. An applicant may be required to waive the right 
to confidentiality of information gathered while conducting exempted 
educational activities as a condition of the authorization.
    (iii) The authorization will specify the scope of the authorized 
activity and will include, at a minimum, the duration, vessel(s), 
species and gear involved in the activity, as well as any additional 
terms and conditions specified under paragraph (d)(3)(ii) of this 
section.
    (4) Duration. Unless otherwise specified, authorization for an 
exempted educational activity is effective for no longer than 1 year, 
unless revoked, suspended, or modified. Authorizations may be renewed 
following the application procedures in this section.
    (5) Alteration. Any authorization that has been altered, erased, or 
mutilated is invalid.
    (6) Transfer. Authorizations issued under this paragraph (d) are not 
transferable or assignable.
    (7) Inspection. Any authorization issued under this paragraph (d) 
must be carried on board the vessel(s) for which it was issued or be in 
possession of the applicant to which it was issued while the exempted 
educational activity is being conducted. The authorization must be 
presented for inspection upon request of any authorized officer. 
Activities that meet the definition of fishing, despite an educational 
purpose, are fishing. An authorization may

[[Page 78]]

allow covered fishing activities; however, fishing activities conducted 
outside the scope of an authorization for exempted educational 
activities are illegal.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.746  Observers.

    (a) Applicability. This section applies to any fishing vessel 
required to carry an observer as part of a mandatory observer program or 
carrying an observer as part of a voluntary observer program under the 
Magnuson-Stevens Act, MMPA (16 U.S.C. 1361 et seq.), the ATCA (16 U.S.C. 
971 et seq.), the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 
seq.), or any other U.S. law.
    (b) Observer requirement. An observer is not required to board, or 
stay aboard, a vessel that is unsafe or inadequate as described in 
paragraph (c) of this section.
    (c) Inadequate or unsafe vessels. (1) A vessel is inadequate or 
unsafe for purposes of carrying an observer and allowing operation of 
normal observer functions if it does not comply with the applicable 
regulations regarding observer accommodations (see 50 CFR parts 229, 
285, 300, 600, 622, 648, 660, 678, and 679) or if it has not passed a 
USCG safety examination or inspection. A vessel that has passed a USCG 
safety examination or inspection must display one of the following:
    (i) A current Commercial Fishing Vessel Safety Examination decal, 
issued within the last 2 years, that certifies compliance with 
regulations found in 33 CFR, chapter I and 46 CFR, chapter I;
    (ii) A certificate of compliance issued pursuant to 46 CFR 28.710; 
or
    (iii) A valid certificate of inspection pursuant to 46 U.S.C. 3311.
    (2) Upon request by an observer, a NMFS employee, or a designated 
observer provider, a vessel owner/operator must provide correct 
information concerning any item relating to any safety or accommodation 
requirement prescribed by law or regulation. A vessel owner or operator 
must also allow an observer, a NMFS employee, or a designated observer 
provider to visually examine any such item.
    (3) Pre-trip safety check. Prior to each observed trip, the observer 
is encouraged to briefly walk through the vessel's major spaces to 
ensure that no obviously hazardous conditions exist. In addition, the 
observer is encouraged to spot check the following major items for 
compliance with applicable USCG regulations:
    (i) Personal flotation devices/immersion suits;
    (ii) Ring buoys;
    (iii) Distress signals;
    (iv) Fire extinguishing equipment;
    (v) Emergency position indicating radio beacon (EPIRB), when 
required; and
    (vi) Survival craft, when required.
    (d) Corrective measures. If a vessel is inadequate or unsafe for 
purposes of carrying an observer and allowing operation of normal 
observer functions, NMFS may require the vessel owner or operator either 
to:
    (1) Submit to and pass a USCG safety examination or inspection; or
    (2) Correct the deficiency that is rendering the vessel inadequate 
or unsafe (e.g., if the vessel is missing one personal flotation device, 
the owner or operator could be required to obtain an additional one), 
before the vessel is boarded by the observer.
    (e) Timing. The requirements of this section apply both at the time 
of the observer's boarding, at all times the observer is aboard, and at 
the time the observer is disembarking from the vessel.
    (f) Effect of inadequate or unsafe status. A vessel that would 
otherwise be required to carry an observer, but is inadequate or unsafe 
for purposes of carrying an observer and for allowing operation of 
normal observer functions, is prohibited from fishing without observer 
coverage.

[63 FR 27217, May 18, 1998]



                  Subpart I--Fishery Negotiation Panels

    Source: 62 FR 23669, May 1, 1997, unless otherwise noted.



Sec. 600.750  Definitions.

    Consensus means unanimous concurrence among the members on a Fishery

[[Page 79]]

Negotiation Panel established under this rule, unless such Panel:
    (1) Agrees to define such term to mean a general but not unanimous 
concurrence; or
    (2) agrees upon another specified definition.
    Fishery negotiation panel (FNP) means an advisory committee 
established by one or more Councils or the Secretary in accordance with 
these regulations to assist in the development of fishery conservation 
and management measures.
    Interest means, with respect to an issue or matter, multiple parties 
that have a similar point of view or that are likely to be affected in a 
similar manner.
    Report means a document submitted by an FNP in accordance with the 
Magnuson-Stevens Act.

[62 FR 23669, May 1, 1997, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.751  Determination of need for a fishery negotiation panel.

    A Council or NMFS may establish an FNP to assist in the development 
of specific fishery conservation and management measures. In determining 
whether to establish an FNP, NMFS or the Council, as appropriate, shall 
consider whether:
    (a) There is a need for specific fishery conservation and management 
measures.
    (b) There are a limited number of identifiable interests that will 
be significantly affected by the conservation and management measure.
    (c) There is a reasonable likelihood that an FNP can be convened 
with a balanced representation of persons who:
    (1) Can adequately represent the interests identified under 
paragraph (b) of this section.
    (2) Are willing to negotiate in good faith to reach a consensus on a 
report regarding the issues presented.
    (d) There is a reasonable likelihood that an FNP will reach
    a consensus on a report regarding the issues presented within 1 year 
from date of establishment of the FNP.
    (e) The use of an FNP will not unreasonably delay Council or NMFS 
fishery management plan development or rulemaking procedures.
    (f) The costs of establishment and operation of an FNP are 
reasonable when compared to fishery management plan development or 
rulemaking procedures that do not use FNP procedures.
    (g) The Council or NMFS has adequate resources and is willing to 
commit such resources, including technical assistance, to an FNP.
    (h) The use of an FNP is in the public interest.



Sec. 600.752  Use of conveners and facilitators.

    (a) Purposes of conveners. A Council or NMFS may use the services of 
a trained convener to assist the Council or NMFS in: (1) Conducting 
discussions to identify the issues of concern, and to ascertain whether 
the establishment of an FNP regarding such matter is feasible and 
appropriate.
    (2) Identifying persons who will be significantly affected by the 
issues presented in paragraph (a)(1) of this section.
    (b) Duties of conveners. The convener shall report findings under 
paragraph (a)(2) of this section and shall make recommendations to the 
Council or NMFS. Upon request of the Council or NMFS, the convener shall 
ascertain the names of persons who are willing and qualified to 
represent interests that will be significantly affected by the potential 
conservation and management measures relevant to the issues to be 
negotiated. The report and any recommendations of the convener shall be 
made available to the public upon request.
    (c) Selection of facilitator. Notwithstanding section 10(e) of the 
Federal Advisory Committee Act (FACA), a Council or NMFS may nominate a 
person trained in facilitation either from the Federal Government or 
from outside the Federal Government to serve as an impartial, neutral 
facilitator for the negotiations of the FNP, subject to the approval of 
the FNP, by consensus. The facilitator may be the same person as the 
convener used under paragraph (a) of this section. If the FNP does not 
approve the nominee of the Council or NMFS for facilitator, the FNP 
shall submit a substitute nomination. If an

[[Page 80]]

FNP does not approve any nominee of the Council or NMFS for facilitator, 
the FNP shall select, by consensus, a person to serve as facilitator. A 
person designated to represent the Council or NMFS in substantive issues 
may not serve as facilitator or otherwise chair the FNP.
    (d) Roles and duties of facilitator. A facilitator shall:
    (1) Chair the meetings of the FNP in an impartial manner.
    (2) Impartially assist the members of the FNP in conducting 
discussions and negotiations.
    (3) Manage the keeping of minutes and records as required under 
section 10(b) and (c) of FACA.



Sec. 600.753  Notice of intent to establish a fishery negotiation panel.

    (a) Publication of notice. If, after considering the report of a 
convener or conducting its own assessment, a Council or NMFS decides to 
establish an FNP, NMFS shall publish in the Federal Register and, as 
appropriate, in trade or other specialized publications, a document that 
shall include:
    (1) An announcement that the Council or NMFS intends to establish an 
FNP to negotiate and develop a report concerning specific conservation 
and management measures.
    (2) A description of the subject and scope of the conservation and 
management measure, and the issues to be considered.
    (3) A list of the interests that are likely to be significantly 
affected by the conservation and management measure.
    (4) A list of the persons proposed to represent such interests and 
the person or persons proposed to represent the Council or NMFS.
    (5) A proposed agenda and schedule for completing the work of the 
FNP.
    (6) A description of administrative support for the FNP to be 
provided by the Council or NMFS, including technical assistance.
    (7) A solicitation for comments on the proposal to establish the 
FNP, and the proposed membership of the FNP.
    (8) An explanation of how a person may apply or nominate another 
person for membership on the FNP, as provided under paragraph (b) of 
this section.
    (b) Nomination of members and public comment. Persons who may be 
significantly affected by the development of conservation and management 
measure and who believe that their interests will not be adequately 
represented by any person specified in a document under paragraph (a)(4) 
of this section may apply for, or nominate another person for, 
membership on the FNP to represent such interests. Each application or 
nomination shall include:
    (1) The name of the applicant or nominee and a description of the 
interests such person shall represent.
    (2) Evidence that the applicant or nominee is authorized to 
represent parties related to the interests the person proposes to 
represent.
    (3) A written commitment that the applicant or nominee shall 
actively participate in good faith in the development of the 
conservation and management measure under consideration.
    (4) The reasons that the persons specified in the document under 
paragraph (a)(4) of this section do not adequately represent the 
interests of the person submitting the application or nomination.
    (c) Public comment. The Council or NMFS shall provide at least 30 
calendar days for the submission of comments and applications under this 
section.



Sec. 600.754  Decision to establish a fishery negotiation panel.

    (a) Determination to establish an FNP. If, after considering 
comments and applications submitted under Sec. 600.753, the Council or 
NMFS determines that an FNP can adequately represent the interests that 
will be significantly affected and that it is feasible and appropriate 
in the particular case, the Council or NMFS may establish an FNP.
    (b) Determination not to establish FNP. If, after considering such 
comments and applications, the Council or NMFS decides not to establish 
an FNP, the Council or NMFS shall promptly publish notification of such 
decision and the reasons therefor in the Federal Register and, as 
appropriate, in trade or other specialized publications, a

[[Page 81]]

copy of which shall be sent to any person who applied for, or nominated 
another person for membership on the FNP to represent such interests 
with respect to the issues of concern.



Sec. 600.755  Establishment of a fishery negotiation panel.

    (a) General authority. (1) A Council may establish an FNP to assist 
in the development of specific conservation and management measures for 
a fishery under its authority.
    (2) NMFS may establish an FNP to assist in the development of 
specific conservation and management measures required for:
    (i) A fishery for which the Secretary has authority under section 
304(e)(5) of the Magnuson-Stevens Act, regarding rebuilding of 
overfished fisheries;
    (ii) A fishery for which the Secretary has authority under 16 U.S.C. 
section 304(g), regarding highly migratory species; or
    (iii) Any fishery with the approval of the appropriate Council.
    (b) Federal Advisory Committee Act (FACA) In establishing and 
administering such an FNP, the Council or NMFS shall comply with the 
FACA with respect to such FNP.
    (c) Balance. Each potentially affected organization or individual 
does not necessarily have to have its own representative, but each 
interest must be adequately represented. The intent is to have a group 
that as a whole reflects a proper balance and mix of interests. 
Representatives must agree, in writing, to negotiate in good faith.
    (d) Membership. The Council or NMFS shall limit membership on an FNP 
to no more than 25 members, unless the Council or NMFS determines that a 
greater number of members is necessary for the functioning of the FNP or 
to achieve balanced membership. Each FNP shall include at least one 
person representing the Council in addition to at least one person 
representing NMFS.



Sec. 600.756  Conduct and operation of a fishery negotiation panel.

    (a) Roles and duties of an FNP. Each FNP shall consider the issue 
proposed by the Council or NMFS for consideration and shall attempt to 
reach a consensus concerning a report to assist in the development of a 
conservation and management measure with respect to such matter and any 
other matter the FNP determines is relevant to the development of a 
conservation and management measure. An FNP may adopt procedures for the 
operation of the FNP.
    (b) Roles and duties of representative of the council or NMFS. The 
person or persons representing the Council or NMFS on an FNP shall 
participate in the deliberations and activities of the FNP with the same 
rights and responsibilities as other members of the FNP, and shall be 
authorized to fully represent the Council or NMFS in the discussions and 
negotiations of the FNP.



Sec. 600.757  Operational protocols.

    (a) Services of conveners and facilitators. A Council or NMFS may 
employ or enter into contracts for the services of an individual or 
organization to serve as a convener or facilitator for an FNP 
established under Sec. 600.755, or may use the services of a government 
employee to act as a convener or a facilitator for such an FNP.
    (b) Councils. For an FNP proposed and established by one or more 
Councils approved expenses shall be paid out of the Council's operating 
budget.
    (c) Expenses of FNP members. Members of an FNP shall be responsible 
for their own expenses of participation in such an FNP, except that NMFS 
or the Council may, in accordance with section 7(d) of FACA, pay for a 
member's reasonable travel and per diem expenses, and a reasonable rate 
of compensation, if:
    (1) Such member certifies a lack of adequate financial resources to 
participate in the FNP.
    (2) The Council or NMFS determines that such member's participation 
in the FNP is necessary to assure an adequate representation of the 
member's interest.
    (d) Administrative support. The Council or NMFS shall provide 
appropriate administrative support to an FNP including technical 
assistance.

[[Page 82]]



Sec. 600.758  Preparation of report.

    (a) At the conclusion of the negotiations, an FNP may submit a 
report. Such report shall specify:
    (1) All the areas where consensus was reached by the FNP, including, 
if appropriate, proposed conservation and management measures.
    (2) Any other information submitted by members of the FNP.
    (b) Upon receipt of the report, the Council or NMFS shall publish 
such report in the Federal Register for public comment.



Sec. 600.759  Use of report.

    A Council or NMFS may, at its discretion, use all or a part of a 
report prepared in accordance with Sec. 600.758 in the development of 
conservation and management measures. Neither a Council nor NMFS, 
whichever is appropriate, is required to use such report.



Sec. 600.760  Fishery Negotiation Panel lifetime.

    (a) An FNP shall terminate upon either:
    (1) Submission of a report prepared in accordance with Sec. 600.758; 
or
    (2) Submission of a written statement from the FNP to the Council or 
NMFS that no consensus can be reached.
    (b) In no event shall an FNP exist for longer than 1 year from the 
date of establishment unless granted an extension. Upon written request 
by the FNP to the Council or NMFS, and written authorization from the 
Council or NMFS (whichever is appropriate), the Secretary may authorize 
an extension for a period not to exceed 6 months. No more than one 
extension may be granted per FNP.



                 Subpart J--Essential Fish Habitat (EFH)

    Source: 62 FR 66551, Dec. 19, 1997, unless otherwise noted.



Sec. 600.805  Purpose and scope.

    (a) Purpose. This subpart provides guidelines for Councils and the 
Secretary to use in adding the required provision on EFH to an FMP, 
i.e., description and identification of essential fish habitat (EFH), 
adverse impacts on EFH (including minimizing, to the extent practicable, 
adverse impacts from fishing), and actions to conserve and enhance EFH.
    (b) Scope--(1) Species covered. An EFH provision in an FMP must 
include all fish species in the FMU. A Council may describe, identify, 
and protect the habitat of species not in an FMU; however, such habitat 
may not be considered EFH for the purposes of sections 303(a)(7) and 
305(b) of the Magnuson-Stevens Act.
    (2) Geographic. EFH may be described and identified in waters of the 
United States, as defined in 33 CFR 328.3 and the exclusive economic 
zone, as defined in Sec. 600.10. Councils may describe, identify, and 
protect habitats of managed species beyond the exclusive economic zone; 
however, such habitat may not be considered EFH for the purposes of 
section 303(a)(7) and 305(b) of the Magnuson-Stevens Act. Activities 
that may adversely impact such habitat can be addressed through any 
process conducted in accordance with international agreements between 
the United States and the foreign nation(s) undertaking or authorizing 
the action.



Sec. 600.810  Definitions and word usage.

    (a) Definitions. In addition to the definitions in the Magnuson-
Stevens Act and Sec. 600.10, the terms in this subpart have the 
following meanings:
    Adverse effect means any impact which reduces quality and/or 
quantity of EFH. Adverse effects may include direct (e.g., contamination 
or physical disruption), indirect (e.g., loss of prey, or reduction in 
species' fecundity), site-specific or habitat-wide impacts, including 
individual, cumulative, or synergistic consequences of actions.
    Council includes the Secretary, as applicable, when preparing 
Secretarial FMPs or amendments under sections 304(c) and (g) of the 
Magnuson-Stevens Act.
    Ecosystem means communities of organisms interacting with one 
another and with the chemical and physical factors making up their 
environment.
    Habitat areas of particular concern means those areas of EFH 
identified pursuant to Sec. 600.815(a)(9).

[[Page 83]]

    Healthy ecosystem means an ecosystem where ecological productive 
capacity is maintained, diversity of the flora and fauna is preserved, 
and the ecosystem retains the ability to regulate itself. Such an 
ecosystem should be similar to comparable, undisturbed, ecosystems with 
regard to standing crop, productivity, nutrient dynamics, trophic 
structure, species richness, stability, resilience, contamination 
levels, and the frequency of diseased organisms.
    Overfished means any stock or stock complex, the status of which is 
reported as overfished by the Secretary pursuant to Sec. 304(e)(1) of 
the Magnuson-Stevens Act.
    (b) Word usage. The terms ``must'', ``shall'', ``should'', ``may'', 
``may not'', ``will'', ``could'', and ``can'', are used in the same 
manner as in Sec. 600.305(c).



Sec. 600.815  Contents of Fishery Management Plans.

    (a) Mandatory contents--(1) Habitat requirements by life history 
stage. FMPs must describe EFH in text and with tables that provide 
information on the biological requirements for each life history stage 
of the species. These tables should summarize all available information 
on environmental and habitat variables that control or limit 
distribution, abundance, reproduction, growth, survival, and 
productivity of the managed species. Information in the tables should be 
supported with citations.
    (2) Description and identification of EFH--(i) Information 
requirements. (A) An initial inventory of available environmental and 
fisheries data sources relevant to the managed species should be used in 
describing and identifying EFH. This inventory should also help to 
identify major species-specific habitat data gaps. Deficits in data 
availability (i.e., accessibility and application of the data) and in 
data quality (including considerations of scale and resolution; 
relevance; and potential biases in collection and interpretation) should 
be identified.
    (B) To identify EFH, basic information is needed on current and 
historic stock size, the geographic range of the managed species, the 
habitat requirements by life history stage, and the distribution and 
characteristics of those habitats. Information is also required on the 
temporal and spatial distribution of each major life history stage 
(defined by developmental and functional shifts). Since EFH should be 
identified for each major life history stage, data should be collected 
on, but not limited to, the distribution, density, growth, mortality, 
and production of each stage within all habitats occupied, or formerly 
occupied, by the species. These data should be obtained from the best 
available information, including peer-reviewed literature, data reports 
and ``gray'' literature, data files of government resource agencies, and 
any other sources of quality information.
    (C) The following approach should be used to gather and organize the 
data necessary for identifying EFH. Information from all levels should 
be used to identify EFH. The goal of this procedure is to include as 
many levels of analysis as possible within the constraints of the 
available data. Councils should strive to obtain data sufficient to 
describe habitat at the highest level of detail (i.e., Level 4).
    (1) Level 1: Presence/absence distribution data are available for 
some or all portions of the geographic range of the species. At this 
level, only presence/absence data are available to describe the 
distribution of a species (or life history stage) in relation to 
potential habitats. Care should be taken to ensure that all potential 
habitats have been sampled adequately. In the event that distribution 
data are available for only portions of the geographic area occupied by 
a particular life history stage of a species, EFH can be inferred on the 
basis of distributions among habitats where the species has been found 
and on information about its habitat requirements and behavior.
    (2) Level 2: Habitat-related densities of the species are available. 
At this level, quantitative data (i.e., density or relative abundance) 
are available for the habitats occupied by a species or life history 
stage. Because the efficiency of sampling methods is often affected by 
habitat characteristics, strict quality assurance criteria should be 
used to ensure that density estimates are comparable among methods and 
habitats.

[[Page 84]]

Density data should reflect habitat utilization, and the degree that a 
habitat is utilized is assumed to be indicative of habitat value. When 
assessing habitat value on the basis of fish densities in this manner, 
temporal changes in habitat availability and utilization should be 
considered.
    (3) Level 3: Growth, reproduction, or survival rates within habitats 
are available. At this level, data are available on habitat-related 
growth, reproduction, and/or survival by life history stage. The 
habitats contributing the most to productivity should be those that 
support the highest growth, reproduction, and survival of the species 
(or life history stage).
    (4) Level 4: Production rates by habitat are available. At this 
level, data are available that directly relate the production rates of a 
species or life history stage to habitat type, quantity, quality, and 
location. Essential habitats are those necessary to maintain fish 
production consistent with a sustainable fishery and the managed 
species' contribution to a healthy ecosystem.
    (ii) EFH determination. (A) The information obtained through the 
analysis in paragraph (a)(2)(i) of this section will allow Councils to 
assess the relative value of habitats. Councils should interpret this 
information in a risk-averse fashion, to ensure adequate areas are 
protected as EFH of managed species. Level 1 information, if available, 
should be used to identify the geographic range of the species. Level 2 
through 4 information, if available, should be used to identify the 
habitats valued most highly within the geographic range of the species. 
If only Level 1 information is available, presence/absence data should 
be evaluated (e.g., using a frequency of occurrence or other appropriate 
analysis) to identify those habitat areas most commonly used by the 
species. Areas so identified should be considered essential for the 
species. However, habitats of intermediate and low value may also be 
essential, depending on the health of the fish population and the 
ecosystem. Councils must demonstrate that the best scientific 
information available was used in the identification of EFH, consistent 
with national standard 2, but other data may also be used for the 
identification.
    (B) If a species is overfished, and habitat loss or degradation may 
be contributing to the species being identified as overfished, all 
habitats currently used by the species should be considered essential in 
addition to certain historic habitats that are necessary to support 
rebuilding the fishery and for which restoration is technologically and 
economically feasible. Once the fishery is no longer considered 
overfished, the EFH identification should be reviewed, and the FMP 
amended, if appropriate.
    (C) EFH will always be greater than or equal to aquatic areas that 
have been identified as ``critical habitat'' for any managed species 
listed as threatened or endangered under the Endangered Species Act.
    (D) Where a stock of a species is considered to be healthy, then EFH 
for the species should be a subset of all existing habitat for the 
species.
    (E) Ecological relationships among species and between the species 
and their habitat require, where possible, that an ecosystem approach be 
used in determining the EFH of a managed species or species assemblage. 
The extent of the EFH should be based on the judgment of the Secretary 
and the appropriate Council(s) regarding the quantity and quality of 
habitat that is necessary to maintain a sustainable fishery and the 
managed species' contribution to a healthy ecosystem.
    (F) If degraded or inaccessible aquatic habitat has contributed to 
the reduced yields of a species or assemblage, and in the judgment of 
the Secretary and the appropriate Council(s), the degraded conditions 
can be reversed through such actions as improved fish passage techniques 
(for fish blockages), improved water quality or quantity measures 
(removal of contaminants or increasing flows), and similar measures that 
are technologically and economically feasible, then EFH should include 
those habitats that would be essential to the species to obtain 
increased yields.
    (iii) EFH Mapping Requirements. The general distribution and 
geographic limits of EFH for each life history stage should be presented 
in FMPs in

[[Page 85]]

the form of maps. Ultimately, these data should be incorporated into a 
geographic information system (GIS) to facilitate analysis and 
presentation. These maps may be presented as fixed in time and space, 
but they should encompass all appropriate temporal and spatial 
variability in the distribution of EFH. If the geographic boundaries of 
EFH change seasonally, annually, or decadally, these changing 
distributions need to be represented in the maps. Different types of EFH 
should be identified on maps along with areas used by different life 
history stages of the species. The type of information used to identify 
EFH should be included in map legends, and more detailed and informative 
maps should be produced as more complete information about population 
responses (e.g., growth, survival, or reproductive rates) to habitat 
characteristics becomes available. Where the present distribution or 
stock size of a species or life history stage is different from the 
historical distribution or stock size, then maps of historical habitat 
boundaries should be included in the FMP, if known. The EFH maps are a 
means to visually present the EFH described in the FMP. If the maps 
identifying EFH and the information in the description of EFH differ, 
the description is ultimately determinative of the limits of EFH.
    (3) Fishing activities that may adversely affect EFH. (i) Adverse 
effects from fishing may include physical, chemical, or biological 
alterations of the substrate, and loss of, or injury to, benthic 
organisms, prey species and their habitat, and other components of the 
ecosystem.
    (ii) FMPs must include management measures that minimize adverse 
effects on EFH from fishing, to the extent practicable, and identify 
conservation and enhancement measures. The FMP must contain an 
assessment of the potential adverse effects of all fishing equipment 
types used in waters described as EFH. This assessment should consider 
the relative impacts of all fishing equipment types used in EFH on 
different types of habitat found within EFH. Special consideration 
should be given to equipment types that will affect habitat areas of 
particular concern. In completing this assessment, Councils should use 
the best scientific information available, as well as other appropriate 
information sources, as available. Included in this assessment should be 
consideration of the establishment of research closure areas and other 
measures to evaluate the impact of any fishing activity that physically 
alters EFH.
    (iii) Councils must act to prevent, mitigate, or minimize any 
adverse effects from fishing, to the extent practicable, if there is 
evidence that a fishing practice is having an identifiable adverse 
effect on EFH, based on the assessment conducted pursuant to paragraph 
(a)(3)(ii) of this section and/or the cumulative impacts analysis 
conducted pursuant to paragraph (a)(6)(ii) of this section.
    (iv) In determining whether it is practicable to minimize an adverse 
effect from fishing, Councils should consider whether, and to what 
extent, the fishing activity is adversely impacting EFH, including the 
fishery; the nature and extent of the adverse effect on EFH; and whether 
the management measures are practicable, taking into consideration the 
long and short-term costs as well as benefits to the fishery and its 
EFH, along with other appropriate factors, consistent with national 
standard 7.
    (4) Options for managing adverse effects from fishing. Fishery 
management options may include, but are not limited to:
    (i) Fishing equipment restrictions. These options may include, but 
are not limited to: Seasonal and area restrictions on the use of 
specified equipment; equipment modifications to allow escapement of 
particular species or particular life stages (e.g., juveniles); 
prohibitions on the use of explosives and chemicals; prohibitions on 
anchoring or setting equipment in sensitive areas; and prohibitions on 
fishing activities that cause significant physical damage in EFH.
    (ii) Time/area closures. These actions may include, but are not 
limited to: Closing areas to all fishing or specific equipment types 
during spawning, migration, foraging, and nursery activities; and 
designating zones for use as

[[Page 86]]

marine protected areas to limit adverse effects of fishing practices on 
certain vulnerable or rare areas/species/life history stages, such as 
those areas designated as habitat areas of particular concern.
    (iii) Harvest limits. These actions may include, but are not limited 
to, limits on the take of species that provide structural habitat for 
other species assemblages or communities, and limits on the take of prey 
species.
    (5) Identification of Non-fishing related activities that may 
adversely affect EFH. FMPs must identify activities that have the 
potential to adversely affect EFH quantity or quality, or both. Broad 
categories of activities which can adversely affect EFH include, but are 
not limited to: Dredging, fill, excavation, mining, impoundment, 
discharge, water diversions, thermal additions, actions that contribute 
to non-point source pollution and sedimentation, introduction of 
potentially hazardous materials, introduction of exotic species, and the 
conversion of aquatic habitat that may eliminate, diminish, or disrupt 
the functions of EFH. An FMP should describe the EFH most likely to be 
adversely affected by these or other activities. For each activity, the 
FMP should describe known and potential adverse impacts to EFH. The 
descriptions should explain the mechanisms or processes that may cause 
the adverse effects and how these may affect habitat function. A GIS or 
other mapping system should be used to support analyses of data. Maps 
geographically depicting impacts identified in this paragraph should be 
included in an FMP.
    (6) Cumulative impacts analysis--(i) Analysis. To the extent 
feasible and practicable, FMPs should analyze how fishing and non-
fishing activities influence habitat function on an ecosystem or 
watershed scale. This analysis should describe the ecosystem or 
watershed, the dependence of the managed species on the ecosystem or 
watershed, especially EFH; and how fishing and non-fishing activities, 
individually or in combination, impact EFH and the managed species, and 
how the loss of EFH may affect the ecosystem. An assessment of the 
cumulative and synergistic effects of multiple threats, including the 
effects of natural stresses (such as storm damage or climate-based 
environmental shifts), and an assessment of the ecological risks 
resulting from the impact of those threats on the managed species' 
habitat should also be included. For the purposes of this analysis, 
cumulative impacts are impacts on the environment that result from the 
incremental impact of an action when added to other past, present, and 
reasonably foreseeable future actions, regardless of who undertakes such 
actions. Cumulative impacts can result from individually minor, but 
collectively significant actions taking place over a period of time.
    (ii) Cumulative impacts from fishing. In addressing the impacts of 
fishing on EFH, Councils should also consider the cumulative impacts of 
multiple fishing practices and non-fishing activities on EFH, 
especially, on habitat areas of particular concern. Habitats that are 
particularly vulnerable to specific fishing equipment types should be 
identified for possible designation as habitat areas of particular 
concern.
    (iii) Mapping cumulative impacts. A GIS or other mapping system 
should be used to support analyses of data. Maps depicting data 
documenting cumulative impacts identified in this paragraph should be 
included in an FMP.
    (iv) Research needs. If completion of these analyses is not feasible 
or practicable for every ecosystem or watershed within an area 
identified as EFH, Councils should, in consultation with NMFS, identify 
in the FMP priority research areas to allow these analyses to be 
completed. Councils should include a schedule for completing such 
research. Such schedule of priority research areas should be combined 
with the research needs identified pursuant to paragraph (a)(10) of this 
section.
    (7) Conservation and enhancement--(i) Contents of FMPs. FMPs must 
describe options to avoid, minimize, or compensate for the adverse 
effects identified pursuant to paragraphs (a) (5) and (6) of this 
section and promote the conservation and enhancement of EFH, especially 
in habitat areas of particular concern.
    (ii) General conservation and enhancement recommendations. 
Generally, non-

[[Page 87]]

water dependent actions should not be located in EFH if such actions may 
have adverse impacts on EFH. Activities that may result in significant 
adverse affects on EFH, should be avoided where less environmentally 
harmful alternatives are available. If there are no alternatives, the 
impacts of these actions should be minimized. Environmentally sound 
engineering and management practices should be employed for all actions 
which may adversely affect EFH. Disposal or spillage of any material 
(dredge material, sludge, industrial waste, or other potentially harmful 
materials) which would destroy or degrade EFH should be avoided. If 
avoidance or minimization is not possible, or will not adequately 
protect EFH, compensatory mitigation to conserve and enhance EFH should 
be recommended. FMPs may recommend proactive measures to conserve or 
enhance EFH. When developing proactive measures, Councils may develop a 
priority ranking of the recommendations to assist Federal and state 
agencies undertaking such measures.
    (iii) Conservation and enhancement options. FMPs should provide a 
variety of options to conserve or enhance EFH, which may include, but 
are not limited to:
    (A) Enhancement of rivers, streams, and coastal areas. EFH located 
in, or influenced by, rivers, streams, and coastal areas may be enhanced 
by reestablishing endemic trees or other appropriate native vegetation 
on adjacent riparian areas; restoring natural bottom characteristics; 
removing unsuitable material from areas affected by human activities; or 
adding gravel or substrate to stream areas to promote spawning. Adverse 
effects stemming from upland areas that influence EFH may be avoided or 
minimized by employing measures such as, but not limited to, erosion 
control, road stabilization, upgrading culverts, removal or modification 
of operating procedures of dikes or levees to allow for fish passage, 
structural and operation measures at dams for fish passage and habitat 
protection, or improvement of watershed management. Initiation of 
Federal, state, or local government planning processes to restore 
watersheds associated with such rivers, streams, or coastal areas may 
also be recommended.
    (B) Water quality and quantity. This category of options may include 
use of best land management practices for ensuring compliance with water 
quality standards at state and Federal levels, improved treatment of 
sewage, proper disposal of waste materials, and providing appropriate 
in-stream flow.
    (C) Watershed analysis and planning. This may include encouraging 
local and state efforts to minimize destruction/degradation of wetlands, 
restore and maintain the ecological health of watersheds, and encourage 
restoration of native species. Any analysis of options should consider 
natural variability in weather or climatic conditions.
    (D) Habitat creation. Under appropriate conditions, habitat creation 
(converting non-EFH to EFH) may be considered as a means of replacing 
lost or degraded EFH. However, habitat conversion at the expense of 
other naturally functioning systems must be justified within an 
ecosystem context.
    (8) Prey species. Loss of prey is an adverse effect on EFH and a 
managed species, because one component of EFH is that it be necessary 
for feeding. Therefore, actions that reduce the availability of a major 
prey species, either through direct harm or capture, or through adverse 
impacts to the prey species' habitat that are known to cause a reduction 
in the population of the prey species may be considered adverse effects 
on a managed species and its EFH. FMPs should identify the major prey 
species for the species in the FMU and generally describe the location 
of prey species' habitat. Actions that cause a reduction of the prey 
species population, including where there exists evidence that adverse 
effects to habitat of prey species is causing a decline in the 
availability of the prey species, should also be described and 
identified. Adverse effects on prey species and their habitats may 
result from fishing and non-fishing activities.
    (9) Identification of habitat areas of particular concern. FMPs 
should identify habitat areas of particular concern within EFH. In 
determining whether a type, or area of EFH is a habitat area

[[Page 88]]

of particular concern, one or more of the following criteria must be 
met:
    (i) The importance of the ecological function provided by the 
habitat.
    (ii) The extent to which the habitat is sensitive to human-induced 
environmental degradation.
    (iii) Whether, and to what extent, development activities are, or 
will be, stressing the habitat type.
    (iv) The rarity of the habitat type.
    (10) Research and information needs. Each FMP should contain 
recommendations, preferably in priority order, for research efforts that 
the Councils and NMFS view as necessary for carrying out their EFH 
management mandate. The need for additional research is to make 
available sufficient information to support a higher level of 
description and identification of EFH under paragraph (a)(2)(i) of this 
section. Additional research may also be necessary to identify and 
evaluate actual and potential adverse effects on EFH, including, but not 
limited to, direct physical alteration; impaired habitat quality/
functions; cumulative impacts from fishing; or indirect adverse effects 
such as sea level rise, global warming and climate shifts; and non-
equipment related fishery impacts. The Magnuson-Stevens Act specifically 
identifies the effects of fishing as a concern. The need for additional 
research on the effects of fishing equipment on EFH and a schedule for 
obtaining that information should be included in this section of the 
FMP. If an adverse effect on EFH is identified and determined to be an 
impediment to maintaining a sustainable fishery and the managed species' 
contribution to a healthy ecosystem, then the research needed to 
quantify and mitigate that effect should be identified in this section.
    (11) Review and revision of EFH components of FMPs. Councils and 
NMFS should periodically review the EFH components of FMPs, including an 
update of the equipment assessment originally conducted pursuant to 
paragraph (a)(3)(ii) of this section. Each EFH FMP amendment should 
include a provision requiring review and update of EFH information and 
preparation of a revised FMP amendment if new information becomes 
available. The schedule for this review should be based on an assessment 
of both the existing data and expectations when new data will become 
available. This information should be reviewed as part of the annual 
Stock Assessment and Fishery Evaluation (SAFE) report prepared pursuant 
to Sec. 600.315(e). A complete review of information should be conducted 
as recommended by the Secretary, but at least once every 5 years.
    (b) Optional components. An FMP may include a description and 
identification of the habitat of species under the authority of the 
Council, even if not contained in the FMU. However, such habitat may not 
be EFH. This subpart does not change a Council's ability to implement 
management measures for a managed species for the protection of another 
species.
    (c) Development of EFH recommendations. After reviewing the best 
available scientific information, as well as other appropriate 
information, and in consultation with the Councils, participants in the 
fishery, interstate commissions, Federal agencies, state agencies, and 
other interested parties, NMFS will develop written recommendations for 
the identification of EFH for each FMP. In recognition of the different 
approaches to FMP development taken by each Council, the NMFS EFH 
recommendations may constitute a review of a draft EFH document 
developed by a Council, or may include suggestions for a draft EFH FMP 
amendment and may precede the Council's development of such documents, 
as appropriate. In both cases, prior to submitting a written EFH 
identification recommendation to a Council for an FMP, the draft 
recommendation will be made available for public review and at least one 
public meeting will be held. NMFS will work with the affected Council(s) 
to conduct this review in association with scheduled public Council 
meetings whenever possible. The review may be conducted at a meeting of 
the Council committee responsible for habitat issues or as a part of a 
full Council meeting. After receiving public comment, NMFS will revise 
its draft recommendations, as appropriate, and forward a final written 
recommendation and comments to the Council(s).

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    (d) Relationship to other fishery management authorities. Councils 
are encouraged to coordinate with state and interstate fishery 
management agencies where Federal fisheries affect state and interstate 
managed fisheries or where state or interstate fishery regulations 
affect the management of Federal fisheries. Where a state or interstate 
fishing activity adversely impacts EFH, NMFS will consider that action 
to be an adverse effect on EFH pursuant to paragraph (a)(5) of this 
section and will provide EFH conservation recommendations to the 
appropriate state or interstate fishery management agency on that 
activity.



     Subpart K--EFH Coordination, Consultation, and Recommendations

    Source: 62 FR 66555, Dec. 19, 1997, unless otherwise noted.



Sec. 600.905  Purpose and scope and NMFS/Council cooperation.

    (a) Purpose. These procedures address the coordination, 
consultation, and recommendation requirements of sections 305(b)(1)(D) 
and 305(b)(2-4) of the Magnuson-Stevens Act. The purpose of these 
procedures is to promote the protection of EFH in the review of Federal 
and state actions that may adversely affect EFH.
    (b) Scope. Section 305(b)(1)(D) of the Magnuson-Stevens Act requires 
the Secretary to coordinate with, and provide information to, other 
Federal agencies regarding the conservation and enhancement of EFH. 
Section 305(b)(2) requires all Federal agencies to consult with the 
Secretary on all actions, or proposed actions, authorized, funded, or 
undertaken by the agency, that may adversely affect EFH. Sections 305(b) 
(3) and (4) direct the Secretary and the Councils to provide comments 
and EFH conservation recommendations to Federal or state agencies on 
actions that affect EFH. Such recommendations may include measures to 
avoid, minimize, mitigate, or otherwise offset adverse effects on EFH 
resulting from actions or proposed actions authorized, funded, or 
undertaken by that agency. Section 305(b)(4)(B) requires Federal 
agencies to respond in writing to such comments. The following 
procedures for coordination, consultation, and recommendations allow all 
parties involved to understand and implement the requirements of the 
Magnuson-Stevens Act.
    (c) Cooperation between Councils and NMFS. The Councils and NMFS 
should cooperate as closely as possible to identify actions that may 
adversely affect EFH, to develop comments and EFH conservation 
recommendations to Federal and state agencies, and to provide EFH 
information to Federal or state agencies. The Secretary will seek to 
develop agreements with each Council to facilitate sharing information 
on actions that may adversely affect EFH and in coordinating Council and 
NMFS comments and recommendations on those actions. However, NMFS and 
the Councils also have the authority to act independently.



Sec. 600.910  Definitions and word usage.

    (a) Definitions. In addition to the definitions in the Magnuson-
Stevens Act and Sec. 600.10, the terms in this subpart have the 
following meanings:
    Adverse effect means any impact which reduces quality and/or 
quantity of EFH. Adverse effects may include direct (e.g., contamination 
or physical disruption), indirect (e.g., loss of prey, reduction in 
species' fecundity), site-specific or habitatwide impacts, including 
individual, cumulative, or synergistic consequences of actions.
    Council includes the Secretary, as applicable, when preparing FMPs 
or amendments under section 304 (c) and (g) of the Magnuson-Stevens Act; 
and when commenting and making recommendations under the authority of 
section 305(b)(3) of the Magnuson-Stevens Act to any Federal or state 
agency on actions that may affect the habitat of fishery resources 
managed under such FMPs.
    Federal action means any action authorized, funded, or undertaken, 
or proposed to be authorized, funded, or undertaken by a Federal agency.
    Habitat areas of particular concern means those areas of EFH 
identified pursuant to Sec. 600.815(a)(9).

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    State action means any action authorized, funded, or undertaken, or 
proposed to be authorized, funded, or undertaken by a state agency.
    (b) Word usage. The terms ``must'', ``shall'', ``should'', ``may'', 
``may not'', ``will'', ``could'', and ``can'', are used in the same 
manner as in Sec. 600.305(c).



Sec. 600.915  Coordination for the conservation and enhancement of EFH.

    To further the conservation and enhancement of EFH in accordance 
with section 305(b)(1)(D) of the Magnuson-Stevens Act, NMFS will compile 
and make available to other Federal and state agencies, information on 
the locations of EFH, including maps and/or narrative descriptions. NMFS 
will also provide information on ways to improve ongoing Federal 
operations to promote the conservation and enhancement of EFH. Federal 
and state agencies empowered to authorize, fund, or undertake actions 
that may adversely affect EFH are encouraged to contact NMFS and the 
Councils to become familiar with areas designated as EFH, and potential 
threats to EFH, as well as opportunities to promote the conservation and 
enhancement of such habitat.



Sec. 600.920  Federal agency consultation with the Secretary.

    (a) Consultation generally--(1) Actions requiring consultation. 
Pursuant to section 305(b)(2) of the Magnuson-Stevens Act, Federal 
agencies must consult with NMFS regarding any of their actions 
authorized, funded, or undertaken, or proposed to be authorized, funded, 
or undertaken that may adversely affect EFH. EFH consultation is not 
required for completed actions, e.g., issued permits. Consultation is 
required for renewals, reviews, or substantial revisions of actions. 
Consultation on Federal programs delegated to non-Federal entities is 
required at the time of delegation, review, and renewal of the 
delegation. EFH consultation is required for any Federal funding of 
actions that may adversely affect EFH. NMFS and Federal agencies 
responsible for funding actions that may adversely affect EFH should 
consult on a programmatic level, if appropriate, with respect to these 
actions.
    (2) Appropriate level of consultation. (i) NMFS and other Federal 
agencies may conduct consultation at either a programmatic or project-
specific level. Federal actions may be evaluated at a programmatic level 
if sufficient information is available to develop EFH conservation 
recommendations and address all reasonably foreseeable adverse effects 
to EFH. Project-specific consultations are more appropriate when 
critical decisions are made at the project implementation stage, or when 
sufficiently detailed information for the development of EFH 
conservation recommendations does not exist at the programmatic level.
    (ii) If, after a Federal agency requests programmatic consultation, 
NMFS determines that all concerns about adverse effects on EFH can be 
addressed at a programmatic level, NMFS will develop EFH conservation 
recommendations that cover all projects implemented under that program, 
and no further EFH consultation will be required. Alternatively, NMFS 
may determine that project-specific consultation is needed for part or 
all of the program's activities, in which case NMFS may develop some EFH 
conservation recommendations at a programmatic level, but will also 
recommend that project-specific consultation will be needed to complete 
the EFH consultation requirements. NMFS may also determine that 
programmatic consultation is not appropriate, in which case all EFH 
conservation recommendations will be deferred to project-specific 
consultations.
    (b) Designation of lead agency. If more than one Federal agency is 
responsible for a Federal action, the consultation requirements of 
sections 305(b)(2-4) of the Magnuson-Stevens Act may be fulfilled 
through a lead agency. The lead agency must notify NMFS in writing that 
it is representing one or more additional agencies.
    (c) Designation of non-Federal representative. A Federal agency may 
designate a non-Federal representative to conduct an abbreviated 
consultation or prepare an EFH Assessment by giving written notice of 
such designation to NMFS. If a non-Federal representative

[[Page 91]]

is used, the Federal action agency remains ultimately responsible for 
compliance with sections 305(b)(2) and 305(b)(4) of the Magnuson-Stevens 
Act.
    (d) Best available information. The Federal action agency and NMFS 
must use the best scientific information available regarding the effects 
of the proposed action on EFH. Other appropriate sources of information 
may also be considered.
    (e) Use of existing consultation/environmental review procedures--
(1) Criteria. Consultation and commenting under sections 305(b)(2) and 
305(b)(4) of the Magnuson-Stevens Act should be consolidated, where 
appropriate, with interagency consultation, coordination, and 
environmental review procedures required by other statutes, such as the 
National Environmental Policy Act (NEPA), Fish and Wildlife Coordination 
Act, Clean Water Act, Endangered Species Act (ESA), and Federal Power 
Act. The consultation requirements of section 305(b)(2) of the Magnuson-
Stevens Act can be satisfied using existing or modified procedures 
required by other statutes if such processes meet the following 
criteria:
    (i) The existing process must provide NMFS with timely notification 
of actions that may adversely affect EFH. The Federal action agency 
should notify NMFS according to the same timeframes for notification (or 
for public comment) as in the existing process. However, NMFS should 
have at least 60 days notice prior to a final decision on an action, or 
at least 90 days if the action would result in substantial adverse 
impacts. NMFS and the action agency may agree to use shorter timeframes 
if they allow sufficient time for NMFS to develop EFH conservation 
recommendations.
    (ii) Notification must include an assessment of the impacts of the 
proposed action on EFH that meets the requirements for EFH Assessments 
contained in paragraph (g) of this section. If the EFH Assessment is 
contained in another document, that section of the document must be 
clearly identified as the EFH Assessment.
    (iii) NMFS must have made a finding pursuant to paragraph (e)(3) of 
this section that the existing process satisfies the requirements of 
section 305(b)(2) of the Magnuson-Stevens Act.
    (2) EFH conservation recommendation requirements. If an existing 
consultation process is used to fulfill the EFH consultation 
requirements, then the comment deadline for that process should apply to 
the submittal of NMFS conservation recommendations under section 
305(b)(4)(A) of the Magnuson-Stevens Act, unless a different deadline is 
agreed to by NMFS and the Federal agency. The Federal agency must 
respond to these recommendations within 30 days pursuant to section 
305(b)(4)(B) of the Magnuson-Stevens Act. NMFS may request the further 
review of any Federal agency decision that is inconsistent with a NMFS 
EFH recommendation, in accordance with paragraph (j)(2) of this section. 
If NMFS EFH conservation recommendations are combined with other NMFS or 
NOAA comments on a Federal action, such as NOAA comments on a draft 
Environmental Impact Statement, the EFH conservation recommendations 
shall be clearly identified as such (e.g., a section in the comment 
letter entitled ``EFH conservation recommendations'') and a response 
pursuant to section 305(b)(4)(B) of the Magnuson-Stevens Act is required 
for only the identified portion of the comments.
    (3) NMFS finding. A Federal agency with an existing consultation 
process should contact NMFS at the appropriate level (regional offices 
for regional processes, headquarters office for national processes) to 
discuss how the existing process, with or without modifications, can be 
used to satisfy the EFH consultation requirements. If, at the conclusion 
of these discussions, NMFS determines that the existing process meets 
the criteria of paragraph (e)(1) of this section, NMFS will make a 
finding that the existing or modified process can satisfy the EFH 
consultation requirements of the Magnuson-Stevens Act. If NMFS does not 
make such a finding, or if there are no existing consultation processes 
relevant to the Federal agency's actions, the action agency and NMFS 
should follow the consultation process in the following sections.

[[Page 92]]

    (f) General Concurrence--(1) Purpose. The General Concurrence 
process identifies specific types of Federal actions that may adversely 
affect EFH, but for which no further consultation is generally required 
because NMFS has determined, through an analysis of that type of action, 
that it will likely result in no more than minimal adverse effects 
individually and cumulatively. General Concurrences may be national or 
regional in scope.
    (2) Criteria. (i) For Federal actions to qualify for General 
Concurrence, NMFS must determine, after consultation with the 
appropriate Council(s), that the actions meet all of the following 
criteria:
    (A) The actions must be similar in nature and similar in their 
impact on EFH.
    (B) The actions must not cause greater than minimal adverse effects 
on EFH when implemented individually.
    (C) The actions must not cause greater than minimal cumulative 
adverse effects on EFH.
    (ii) Actions qualifying for General Concurrence must be tracked to 
ensure that their cumulative effects are no more than minimal. In most 
cases, tracking will be the responsibility of the Federal action agency, 
but NMFS also may agree to track actions for which General Concurrence 
has been authorized. Tracking should include numbers of actions, amount 
of habitat adversely affected, type of habitat adversely affected, and 
the baseline against which the action will be tracked. The agency 
responsible for tracking such actions should make the information 
available to NMFS, the Councils, and to the public on an annual basis.
    (iii) Categories of Federal actions may also qualify for General 
Concurrence if they are modified by appropriate conditions that ensure 
the actions will meet the criteria in paragraph (f)(2)(i) of this 
section. For example, NMFS may provide General Concurrence for 
additional actions contingent upon project size limitations, seasonal 
restrictions, or other conditions.
    (iv) If a General Concurrence is developed for actions affecting 
habitat areas of particular concern, the General Concurrence should be 
subject to a higher level of scrutiny than a General Concurrence not 
involving a habitat area of particular concern.
    (3) General Concurrence development. A Federal agency may request a 
General Concurrence for a category of its actions by providing NMFS with 
a written description of the nature and approximate number of the 
proposed actions, an analysis of the effects of the actions on EFH and 
associated species and their life history stages, including cumulative 
effects, and the Federal agency's conclusions regarding the magnitude of 
such effects. If NMFS agrees that the actions fit the criteria in 
paragraph (f)(2) of this section, NMFS, after consultation with the 
appropriate Council(s), will provide the Federal agency with a written 
statement of General Concurrence that further consultation is not 
required, and that preparation of EFH Assessments for individual actions 
subject to the General Concurrence is not necessary. If NMFS does not 
agree that the actions fit the criteria in paragraph (f)(2) of this 
section, NMFS will notify the Federal agency that a General Concurrence 
will not be issued and that abbreviated or expanded consultation will be 
required. If NMFS identifies specific types of Federal actions that may 
meet the requirements for a General Concurrence, NMFS may initiate and 
complete a General Concurrence.
    (4) Notification and further consultation. NMFS may request 
notification for actions covered under a General Concurrence if NMFS 
concludes there are circumstances under which such actions could result 
in more than a minimal impact on EFH, or if it determines that there is 
not a process in place to adequately assess the cumulative impacts of 
actions covered under the General Concurrence. NMFS may require further 
consultation for these actions on a case-by case basis. Each General 
Concurrence should establish specific procedures for further 
consultation, if appropriate.
    (5) Public review. Prior to providing any Federal agency with a 
written statement of General Concurrence for a category of Federal 
actions, NMFS will

[[Page 93]]

provide an opportunity for public review through the appropriate 
Council(s), or other reasonable opportunity for public review.
    (6) Revisions. NMFS will periodically review and revise its findings 
of General Concurrence, as appropriate.
    (g) EFH Assessments--(1) Preparation requirement. For any Federal 
action that may adversely affect EFH, except for those activities 
covered by a General Concurrence, Federal agencies must provide NMFS 
with a written assessment of the effects of that action on EFH. Federal 
agencies may incorporate an EFH Assessment into documents prepared for 
other purposes such as ESA Biological Assessments pursuant to 50 CFR 
part 402 or NEPA documents and public notices pursuant to 40 CFR part 
1500. If an EFH Assessment is contained in another document, it must 
include all of the information required in paragraph (g)(2) of this 
section and be clearly identified as an EFH Assessment. The procedure 
for combining an EFH consultation with other consultation of 
environmental reviews is set forth in paragraph (e) of this section.
    (2) Mandatory contents. The assessment must contain:
    (i) A description of the proposed action.
    (ii) An analysis of the effects, including cumulative effects, of 
the proposed action on EFH, the managed species, and associated species, 
such as major prey species, including affected life history stages.
    (iii) The Federal agency's views regarding the effects of the action 
on EFH.
    (iv) Proposed mitigation, if applicable.
    (3) Additional information. If appropriate, the assessment should 
also include:
    (i) The results of an on-site inspection to evaluate the habitat and 
the site-specific effects of the project.
    (ii) The views of recognized experts on the habitat or species that 
may be affected.
    (iii) A review of pertinent literature and related information.
    (iv) An analysis of alternatives to the proposed action. Such 
analysis should include alternatives that could avoid or minimize 
adverse effects on EFH, particularly when an action is non-water 
dependent.
    (v) Other relevant information.
    (4) Incorporation by reference. The assessment may incorporate by 
reference a completed EFH Assessment prepared for a similar action, 
supplemented with any relevant new project specific information, 
provided the proposed action involves similar impacts to EFH in the same 
geographic area or a similar ecological setting. It may also incorporate 
by reference other relevant environmental assessment documents. These 
documents must be provided to NMFS with an EFH Assessment.
    (h) Abbreviated consultation procedures--(1) Purpose and criteria. 
Abbreviated consultation allows NMFS to quickly determine whether, and 
to what degree, a Federal action may adversely affect EFH. Federal 
actions that may adversely affect EFH should be addressed through the 
abbreviated consultation procedures when those actions do not qualify 
for a General Concurrence, but do not have the potential to cause 
substantial adverse effects on EFH. For example, the abbreviated 
consultation procedures should be used when the adverse effect(s) of an 
action or proposed action could be alleviated through minor 
modifications.
    (2) Notification by agency. The Federal agency should notify NMFS 
and, if NMFS so requests, the appropriate Council(s), in writing as 
early as practicable regarding proposed actions that may adversely 
affect EFH. Notification will facilitate discussion of measures to 
conserve the habitat. Such early consultation should occur during pre-
application planning for projects subject to a Federal permit or 
license, and during preliminary planning for projects to be funded or 
undertaken directly by a Federal agency.
    (3) Submittal of EFH Assessment. The Federal agency must submit a 
completed EFH Assessment, prepared in accordance with paragraph (g) of 
this section, to NMFS for review. Federal agencies will have fulfilled 
their consultation requirement under paragraph (a) of this section after 
notification and submittal of a complete EFH Assessment.

[[Page 94]]

    (4) NMFS response to Federal agency. NMFS must respond in writing as 
to whether it concurs with the findings of the EFH Assessment. If NMFS 
believes that the proposed action may result in substantial adverse 
effects on EFH, or that additional analysis is needed to accurately 
assess the effects of the proposed action, NMFS will request that the 
Federal agency initiate expanded consultation. Such request will explain 
why NMFS believes expanded consultation is needed and will specify any 
new information needed. If additional consultation is not necessary, 
NMFS will respond by commenting and recommending measures that may be 
taken to conserve EFH, pursuant to section 305(b)(4)(A) of the Magnuson-
Stevens Act. NMFS will send a copy of its response to the appropriate 
Council.
    (5) Timing. The Federal action agency must submit its complete EFH 
Assessment to NMFS as soon as practicable, but NMFS must receive it at 
least 60 days prior to a final decision on the action. NMFS must respond 
in writing within 30 days. NMFS and the Federal action agency may agree 
to use a compressed schedule in cases where regulatory approvals or 
emergency situations cannot accommodate 30 days for consultation, or to 
conduct consultation earlier in the planning cycle for proposed actions 
with lengthy approval processes.
    (i) Expanded consultation procedures--(1) Purpose and criteria. 
Expanded consultation allows maximum opportunity for NMFS and the 
Federal agency to work together in the review of the action's impacts on 
EFH and the development of EFH conservation recommendations. Expanded 
consultation procedures must be used for Federal actions that would 
result in substantial adverse effects to EFH. Federal agencies are 
encouraged to contact NMFS at the earliest opportunity to discuss 
whether the adverse effect of a proposed action makes expanded 
consultation appropriate.
    (2) Initiation. Expanded consultation begins when NMFS receives from 
the Federal agency an EFH Assessment completed in accordance with 
paragraph (g) of this section and a written request for expanded 
consultation. Federal action agencies are encouraged to provide in the 
EFH Assessment the additional information identified under paragraph 
(g)(3) of this section. Subject to NMFS's approval, any request for 
expanded consultation may encompass a number of similar individual 
actions within a given geographic area.
    (3) NMFS response to Federal agency. NMFS will:
    (i) Review the EFH Assessment, any additional information furnished 
by the Federal agency, and other relevant information.
    (ii) Conduct a site visit, if appropriate, to assess the quality of 
the habitat and to clarify the impacts of the Federal agency action. 
Such a site visit should be coordinated with the Federal agency and 
appropriate Council(s), if feasible.
    (iii) Coordinate its review of the proposed action with the 
appropriate Council(s).
    (iv) Discuss EFH conservation recommendations with the Federal 
agency and provide recommendations to the Federal action agency, 
pursuant to section 305(b)(4)(A) of the Magnuson-Stevens Act. NMFS will 
also provide a copy of the recommendations to the appropriate 
Council(s).
    (4) Timing. The Federal action agency must submit its complete EFH 
Assessment to NMFS as soon as practicable, but at least 90 days prior to 
a final decision on the action. NMFS must respond within 60 days of 
submittal of a complete EFH Assessment unless consultation is extended 
by agreement between NMFS and the Federal action agency. NMFS and 
Federal action agencies may agree to use a compressed schedule in cases 
where regulatory approvals or emergency situations cannot accommodate a 
60-day consultation period.
    (5) Extension of consultation. If NMFS determines that additional 
data or analysis would provide better information for development of EFH 
conservation recommendations, NMFS may request additional time for 
expanded consultation. If NMFS and the Federal action agency agree to an 
extension, the Federal action agency should provide the additional 
information to NMFS, to the extent practicable. If NMFS and the Federal 
action agency do not agree to extend consultation,

[[Page 95]]

NMFS must provide EFH conservation recommendations to the Federal action 
agency using the best scientific information available to NMFS.
    (j) Responsibilities of Federal action agency following receipt of 
EFH conservation recommendations--(1) Federal action agency response. As 
required by section 305(b)(4)(B) of the Magnuson-Stevens Act, the 
Federal action agency must provide a detailed response in writing to 
NMFS and the appropriate Council within 30 days after receiving an EFH 
conservation recommendation. Such a response must be provided at least 
10 days prior to final approval of the action, if a decision by the 
Federal agency is required in fewer than 30 days. The response must 
include a description of measures proposed by the agency for avoiding, 
mitigating, or offsetting the impact of the activity on EFH. In the case 
of a response that is inconsistent with NMFS conservation 
recommendations, the Federal action agency must explain its reasons for 
not following the recommendations, including the scientific 
justification for any disagreements with NMFS over the anticipated 
effects of the proposed action and the measures needed to avoid, 
minimize, mitigate, or offset such effects.
    (2) Further review of decisions inconsistent with NMFS or Council 
recommendations. If a Federal action agency decision is inconsistent 
with a NMFS EFH conservation recommendation, the Assistant Administrator 
for Fisheries may request a meeting with the head of the Federal action 
agency, as well as any other agencies involved, to discuss the proposed 
action and opportunities for resolving any disagreements. If a Federal 
action agency decision is also inconsistent with a Council 
recommendation made pursuant to section 305(b)(3) of the Magnuson-
Stevens Act, the Council may request that the Assistant Administrator 
initiate further review of the Federal agency's decision and involve the 
Council in any interagency discussion to resolve disagreements with the 
Federal agency. The Assistant Administrator will make every effort to 
accommodate such a request. Memoranda of agreement or other written 
procedures will be developed to further define such review processes 
with Federal action agencies.
    (k) Supplemental consultation. A Federal action agency must 
reinitiate consultation with NMFS if the agency substantially revises 
its plans for an action in a manner that may adversely affect EFH or if 
new information becomes available that affects the basis for NMFS' EFH 
conservation recommendations.



Sec. 600.925  NMFS EFH conservation recommendations to Federal and state agencies.

    (a) General. Under section 305(b)(4) of the Magnuson-Stevens Act, 
NMFS is required to provide EFH conservation recommendations to Federal 
and state agencies for actions that would adversely affect EFH. NMFS EFH 
conservation recommendations will not suggest that state or Federal 
agencies take actions beyond their statutory authority.
    (b) Recommendations to Federal agencies. For Federal actions, EFH 
conservation recommendations will be provided to Federal action agencies 
as part of EFH consultations conducted pursuant to Sec. 600.920. These 
recommendations fulfill the requirements of section 305(b)(4)(A) of the 
Magnuson-Stevens Act. If NMFS becomes aware of a Federal action that 
would adversely affect EFH, but for which a Federal agency has not 
completed an EFH consultation, NMFS may request that the Federal agency 
initiate EFH consultation or NMFS will provide EFH conservation 
recommendations based on the information available. NMFS will provide a 
copy of such recommendation to the appropriate Council(s).
    (c) Recommendations to state agencies--(1) Establishment of 
procedures. Each NMFS Region should use existing coordination procedures 
under statutes such as the Coastal Zone Management Act or establish new 
procedures to identify state actions that may adversely affect EFH, and 
for determining the most appropriate method for providing EFH 
conservation recommendations to the state agency. NMFS will provide a 
copy of such recommendation to the appropriate Council(s).

[[Page 96]]

    (2) Coordination with states on recommendations to Federal agencies. 
When an action that would adversely affect EFH requires authorization or 
funding by both Federal and state agencies, NMFS will provide the 
appropriate state agencies with copies of EFH conservation 
recommendations developed as part of the Federal consultation procedures 
in Sec. 600.920. NMFS will also seek agreements on sharing information 
and copies of recommendations with Federal or state agencies conducting 
similar consultation and recommendation processes to ensure coordination 
of such efforts.



Sec. 600.930  Council comments and recommendations to Federal and state agencies.

    (a) Establishment of procedures. Each Council should establish 
procedures for reviewing Federal or state actions that may adversely 
affect the EFH of a species managed under its authority. Each Council 
may receive information on actions of concern by methods such as: 
Directing Council staff to track proposed actions; recommending that the 
Council's habitat committee identify actions of concern; or entering 
into an agreement with NMFS to have the appropriate Regional 
Administrator notify the Council of actions that may adversely impact 
EFH. Federal and state actions often follow specific timetables which 
may not coincide with Council meetings. Therefore, Councils should 
consider establishing abbreviated procedures for the development of 
Council recommendations.
    (b) Early involvement. Councils should provide comments and 
recommendations on proposed state and Federal actions of concern as 
early as practicable in project planning to ensure thorough 
consideration of Council concerns by the action agency. Copies of 
Council comments and recommendations should be provided to NMFS.
    (c) Anadromous fishery resources. For the purposes of the commenting 
requirement of section 305(b)(3)(B) of the Magnuson-Stevens Act, an 
``anadromous fishery resource under a Council's authority'' is an 
anadromous species that inhabits waters under the Council's authority at 
some time during its life cycle.



PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC--Table of Contents




                      Subpart A--General Provisions

Sec.
622.1  Purpose and scope.
622.2  Definitions and acronyms.
622.3  Relation to other laws and regulations.
622.4  Permits and fees.
622.5  Recordkeeping and reporting.
622.6  Vessel and gear identification.
622.7  Prohibitions.
622.8  At-sea observer coverage.
622.9  Gulf shrimp interim measures.

                      Subpart B--Effort Limitations

622.15  Wreckfish individual transferable quota (ITQ) system.
622.16  Red snapper individual transferable quota (ITQ) system.
622.17  South Atlantic golden crab controlled access.
622.18  South Atlantic snapper-grouper limited access.

                     Subpart C--Management Measures

622.30  Fishing years.
622.31  Prohibited gear and methods.
622.32  Prohibited and limited-harvest species.
622.33  Caribbean EEZ seasonal and/or area closures.
622.34  Gulf EEZ seasonal and/or area closures.
622.35  South Atlantic EEZ seasonal and/or area closures.
622.36  Seasonal harvest limitations.
622.37  Minimum sizes.
622.38  Landing fish intact.
622.39  Bag and possession limits.
622.40  Limitations on traps and pots.
622.41  Species specific limitations.
622.42  Quotas.
622.43  Closures.
622.44  Commercial trip limits.
622.45  Restrictions on sale/purchase.
622.46  Prevention of gear conflicts.
622.47  Gulf groundfish trawl fishery.
622.48  Adjustment of management measures.

Appendix A to Part 622--Species Tables
Appendix B to Part 622--Gulf Areas
Appendix C to Part 622--Fish Length Measurements
Appendix D to Part 622--Specifications for Certified BRDs

    Authority: 16 U.S.C. 1801 et seq.

    Source: 61 FR 34934, July 3, 1996, unless otherwise noted.

[[Page 97]]



                      Subpart A--General Provisions



Sec. 622.1  Purpose and scope.

    (a) The purpose of this part is to implement the FMPs prepared under 
the Magnuson Act by the CFMC, GMFMC, and/or SAFMC listed in Table 1 of 
this section.
    (b) This part governs conservation and management of species 
included in the FMPs in or from the Caribbean, Gulf, Mid-Atlantic, or 
South Atlantic EEZ, as indicated in Table 1 of this section. For the 
FMPs noted in the following table, conservation and management extends 
to adjoining state waters for the purposes of data collection and 
monitoring.

                                    Table 1.--FMPs Implemented Under Part 622
----------------------------------------------------------------------------------------------------------------
                                             Responsible fishery management
               FMP title                               council(s)                        Geographical area
----------------------------------------------------------------------------------------------------------------
Atlantic Coast Red Drum FMP             SAFMC                                     Mid-Atlantic and South
                                                                                   Atlantic.
FMP for Coastal Migratory Pelagic       GMFMC/SAFMC                               Gulf,\1\ Mid-Atlantic 1,2 and
 Resources.                                                                        South Atlantic.1,&thnsp3
FMP for Coral and Coral Reefs of the    GMFMC                                     Gulf.
 Gulf of Mexico.
FMP for Coral, Coral Reefs, and Live/   SAFMC                                     South Atlantic.
 Hard Bottom Habitats of the South
 Atlantic Region.
FMP for Corals and Reef Associated      CFMC                                      Caribbean.
 Plants and Invertebrates of Puerto
 Rico and the U.S. Virgin Islands.
FMP for the Golden Crab Fishery of the  SAFMC                                     South Atlantic
 South Atlantic Region.
FMP for Queen Conch Resources of        CFMC                                      Caribbean.
 Puerto Rico and the U.S. Virgin
 Islands.
FMP for the Red Drum Fishery of the     GMFMC                                     Gulf.1
 Gulf of Mexico.
FMP for the Reef Fish Fishery of        CFMC                                      Caribbean.
 Puerto Rico and the U.S. Virgin
 Islands.
FMP for the Reef Fish Resources of the  GMFMC                                     Gulf.1
 Gulf of Mexico.
FMP for the Shrimp Fishery of the Gulf  GMFMC                                     Gulf.1
 of Mexico.
FMP for the Shrimp Fishery of the       SAFMC                                     South Atlantic.
 South Atlantic Region.
FMP for the Snapper-Grouper Fishery of  SAFMC                                     South Atlantic.1,&thnsp4
FMP for the Spiny Lobster Fishery of    CFMC                                      Caribbean.
 Puerto Rico and the U.S. Virgin
 Islands.
----------------------------------------------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.
\2\ Only king and Spanish mackerel and cobia are managed under the FMP in the Mid-Atlantic.
\3\ Bluefish are not managed under the FMP in the South Atlantic.
\4\ Bank, rock, and black sea bass and scup are not managed by the FMP or regulated by this part north of 35
  deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC.


[61 FR 34934, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 
FR 65483, Dec. 13, 1996; 63 FR 10565, Mar. 4, 1998]



Sec. 622.2  Definitions and acronyms.

    In addition to the definitions in the Magnuson Act and in 
Sec. 600.10 of this chapter, and the acronyms in Sec. 600.15 of this 
chapter, the terms and acronyms used in this part have the following 
meanings:
    Allowable chemical means a substance, generally used to immobilize 
marine life so that it can be captured alive, that, when introduced into 
the water, does not take Gulf and South Atlantic prohibited coral and is 
allowed by Florida for the harvest of tropical fish (e.g., quinaldine, 
quinaldine compounds, or similar substances).
    Allowable octocoral means an erect, nonencrusting species of the 
subclass Octocorallia, except the seafans Gorgonia flabellum and G. 
ventalina, plus the attached substrate within 1 inch (2.54 cm) of an 
allowable octocoral.

    Note: An erect, nonencrusting species of the subclass Octocorallia, 
except the seafans Gorgonia flabellum and G. ventalina, with attached 
substrate exceeding 1 inch (2.54 cm) is considered to be live rock and 
not allowable octocoral.


[[Page 98]]


    Aquacultured live rock means live rock that is harvested under a 
Federal aquacultured live rock permit, as required under 
Sec. 622.4(a)(3)(iii).
    Authorized statistical reporting agent means:
    (1) Any person so designated by the SRD; or
    (2) Any person so designated by the head of any Federal or State 
agency that has entered into an agreement with the Assistant 
Administrator to collect fishery data.
    Automatic reel means a reel that remains attached to a vessel when 
in use from which a line and attached hook(s) are deployed. The line is 
payed out from and retrieved on the reel electrically or hydraulically.
    Bandit gear means a rod and reel that remain attached to a vessel 
when in use from which a line and attached hook(s) are deployed. The 
line is payed out from and retrieved on the reel manually, electrically, 
or hydraulically.
    BRD means bycatch reduction device.
    Buoy gear means fishing gear consisting of a float and one or more 
weighted lines suspended therefrom, generally long enough to reach the 
bottom. A hook or hooks (usually 6 to 10) are on the lines at or near 
the end. The float and line(s) drift freely and are retrieved 
periodically to remove catch and rebait hooks.
    Carapace length means the straight-line distance from the orbital 
notch inside the orbital spine, in a line parallel to the lateral 
rostral sulcus, to the posterior margin of the cephalothorax. (See 
Figure 1 in Appendix C of this part.)
    Caribbean means the Caribbean Sea around Puerto Rico and the U.S. 
Virgin Islands.
    Caribbean conch resource means one or more of the following species, 
or a part thereof:
    (1) Atlantic triton's trumpet, Charonia variegata.
    (2) Cameo helmet, Cassis madagascarensis.
    (3) Caribbean helmet, Cassis tuberosa.
    (4) Caribbean vase, Vasum muricatum.
    (5) Flame helmet, Cassis flammea.
    (6) Green star shell, Astrea tuber.
    (7) Hawkwing conch, Strombus raninus.
    (8) Milk conch, Strombus costatus.
    (9) Queen conch, Strombus gigus.
    (10) Roostertail conch, Strombus gallus.
    (11) True tulip, Fasciolaria tulipa.
    (12) West Indian fighting conch, Strombus pugilis.
    (13) Whelk (West Indian top shell), Cittarium pica.
    Caribbean coral reef resource means one or more of the species, or a 
part thereof, listed in Table 1 in Appendix A of this part, whether 
living or dead.
    Caribbean prohibited coral means, in the Caribbean; a gorgonian, 
that is, a Caribbean coral reef resource of the Class Anthozoa, Subclass 
Octocorallia, Order Gorgonacea; a live rock; or a stony coral, that is, 
a Caribbean coral reef resource of the Class Hydrozoa (fire corals and 
hydrocorals) or of the Class Anthozoa, Subclass Hexacorallia, Orders 
Scleractinia (stony corals) and Antipatharia (black corals); or a part 
thereof.
    Caribbean reef fish means one or more of the species, or a part 
thereof, listed in Table 2 in Appendix A of this part.
    Caribbean spiny lobster means the species Panulirus argus, or a part 
thereof.
    CFMC means the Caribbean Fishery Management Council.
    Charter vessel means a vessel less than 100 gross tons (90.8 mt) 
that meets the requirements of the USCG to carry six or fewer passengers 
for hire and that engages in charter fishing at any time during the 
calendar year. A charter vessel with a commercial permit, as required 
under Sec. 622.4(a)(2), is considered to be operating as a charter 
vessel when it carries a passenger who pays a fee or when there are more 
than three persons aboard, including operator and crew.
    Coastal migratory pelagic fish means one or more of the following 
species, or a part thereof:
    (1) Bluefish, Pomatomus saltatrix (Gulf of Mexico only).
    (2) Cero, Scomberomorus regalis.
    (3) Cobia, Rachycentron canadum.
    (4) Dolphin, Coryphaena hippurus
    (5) King mackerel, Scomberomorus cavalla.
    (6) Little tunny, Euthynnus alletteratus.
    (7) Spanish mackerel, Scomberomorus maculatus.

[[Page 99]]

    Coral area means marine habitat in the Gulf or South Atlantic EEZ 
where coral growth abounds, including patch reefs, outer bank reefs, 
deep water banks, and hard bottoms.
    Dealer, in addition to the definition specified in Sec. 600.10 of 
this chapter, means the person who first receives rock shrimp harvested 
from the EEZ upon transfer ashore.
    Drift gillnet, for the purposes of this part, means a gillnet, other 
than a long gillnet or a run-around gillnet, that is unattached to the 
ocean bottom, regardless of whether attached to a vessel.
    Fish trap means--
    (1) In the Caribbean EEZ, a trap and its component parts (including 
the lines and buoys), regardless of the construction material, used for 
or capable of taking finfish.
    (2) In the Gulf EEZ, a trap and its component parts (including the 
lines and buoys), regardless of the construction material, used for or 
capable of taking finfish, except a trap historically used in the 
directed fishery for crustaceans (that is, blue crab, stone crab, and 
spiny lobster).
    (3) In the South Atlantic EEZ, a trap and its component parts 
(including the lines and buoys), regardless of the construction 
material, used for or capable of taking fish, except a sea bass pot, a 
golden crab trap, or a crustacean trap (that is, a type of trap 
historically used in the directed fishery for blue crab, stone crab, red 
crab, jonah crab, or spiny lobster and that contains at any time not 
more than 25 percent, by number, of fish other than blue crab, stone 
crab, red crab, jonah crab, and spiny lobster).
    Fork length means the straight-line distance from the tip of the 
head (snout) to the rear center edge of the tail (caudal fin). (See 
Figure 2 in Appendix C of this part.)
    Golden crab means the species Chaceon fenneri, or a part thereof.
    Golden crab trap means any trap used or possessed in association 
with a directed fishery for golden crab in the South Atlantic EEZ, 
including any trap that contains a golden crab in or from the South 
Atlantic EEZ or any trap on board a vessel that possesses golden crab in 
or from the South Atlantic EEZ.
    GMFMC means the Gulf of Mexico Fishery Management Council.
    Gulf means the Gulf of Mexico. The line of demarcation between the 
Atlantic Ocean and the Gulf of Mexico is specified in Sec. 600.105(c) of 
this chapter.
    Gulf reef fish means one or more of the species, or a part thereof, 
listed in Table 3 in Appendix A of this part.
    Gulf and South Atlantic prohibited coral means, in the Gulf and 
South Atlantic, one or more of the following, or a part thereof:
    (1) Coral belonging to the Class Hydrozoa (fire corals and 
hydrocorals).
    (2) Coral belonging to the Class Anthozoa, Subclass Hexacorallia, 
Orders Scleractinia (stony corals) and Antipatharia (black corals).
    (3) A seafan, Gorgonia flabellum or G. ventalina.
    (4) Coral in a coral reef, except for allowable octocoral.
    (5) Coral in an HAPC, including allowable octocoral.
    Handline means a line with attached hook(s) that is tended directly 
by hand.
    HAPC means habitat area of particular concern.
    Headboat means a vessel that holds a valid Certificate of Inspection 
issued by the USCG to carry passengers for hire. A headboat with a 
commercial vessel permit, as required under Sec. 622.4(a)(2), is 
considered to be operating as a headboat when it carries a passenger who 
pays a fee or--
    (1) In the case of persons aboard fishing for or possessing South 
Atlantic snapper-grouper, when there are more persons aboard than the 
number of crew specified in the vessel's Certificate of Inspection; or
    (2) In the case of persons aboard fishing for or possessing coastal 
migratory pelagic fish or Gulf reef fish, when there are more than three 
persons aboard, including operator and crew.
    Headrope length means the distance, measured along the forwardmost 
webbing of a trawl net, between the points at which the upper lip (top 
edge) of the mouth of the net are attached to sleds, doors, or other 
devices that spread the net.

[[Page 100]]

    Hook-and-line gear means automatic reel, bandit gear, buoy gear, 
handline, longline, and rod and reel.
    Live rock means living marine organisms, or an assemblage thereof, 
attached to a hard substrate, including dead coral or rock (excluding 
individual mollusk shells).
    Long gillnet means a gillnet that has a float line that is more than 
1,000 yd (914 m) in length.
     Longline means a line that is deployed horizontally to which 
gangions and hooks are attached. A longline may be a bottom longline, 
i.e., designed for use on the bottom, or a pelagic longline, i.e., 
designed for use off the bottom. The longline hauler may be manually, 
electrically, or hydraulically operated.
    MAFMC means the Mid-Atlantic Fishery Management Council.
    Mid-Atlantic means the Atlantic Ocean off the Atlantic coastal 
states from the boundary between the New England Fishery Management 
Council and the MAFMC, as specified in Sec. 600.105(a) of this chapter, 
to the boundary between the MAFMC and the SAFMC, as specified in 
Sec. 600.105(b) of this chapter.
    Migratory group, for king and Spanish mackerel, means a group of 
fish that may or may not be a separate genetic stock, but that is 
treated as a separate stock for management purposes. King and Spanish 
mackerel are divided into migratory groups--the Atlantic migratory group 
and the Gulf migratory group. The boundaries between these groups are as 
follows:
    (1) King mackerel--(i) Summer separation. From April 1 through 
October 31, the boundary separating the Gulf and Atlantic migratory 
groups of king mackerel is 25 deg.48' N. lat., which is a line directly 
west from the Monroe/Collier County, FL, boundary to the outer limit of 
the EEZ.
    (ii) Winter separation. From November 1 through March 31, the 
boundary separating the Gulf and Atlantic migratory groups of king 
mackerel is 29 deg.25' N. lat., which is a line directly east from the 
Volusia/Flagler County, FL, boundary to the outer limit of the EEZ.
    (2) Spanish mackerel. The boundary separating the Gulf and Atlantic 
migratory groups of Spanish mackerel is 25 deg.20.4' N. lat., which is a 
line directly east from the Dade/Monroe County, FL, boundary to the 
outer limit of the EEZ.
    Off Florida means the waters in the Gulf and South Atlantic from 
30 deg.42'45.6" N. lat., which is a line directly east from the seaward 
terminus of the Georgia/Florida boundary, to 87 deg.31'06" W. long., 
which is a line directly south from the Alabama/Florida boundary.
    Off Georgia means the waters in the South Atlantic from a line 
extending in a direction of 104 deg. from true north from the seaward 
terminus of the South Carolina/Georgia boundary to 30 deg.42'45.6" N. 
lat., which is a line directly east from the seaward terminus of the 
Georgia/Florida boundary.
    Off Louisiana, Mississippi, and Alabama means the waters in the Gulf 
other than off Florida and off Texas.
    Off North Carolina means the waters in the South Atlantic from 
36 deg.34'55" N. lat., which is a line directly east from the Virginia/
North Carolina boundary, to a line extending in a direction of 
135 deg.34'55" from true north from the North Carolina/South Carolina 
boundary, as marked by the border station on Bird Island at 
33 deg.51'07.9" N. lat., 78 deg.32'32.6" W. long.
    Off South Carolina means the waters in the South Atlantic from a 
line extending in a direction of 135 deg.34'55" from true north from the 
North Carolina/South Carolina boundary, as marked by the border station 
on Bird Island at 33 deg.51'07.9" N. lat., 78'32'32.6" W. long., to a 
line extending in a direction of 104 deg. from true north from the 
seaward terminus of the South Carolina/Georgia boundary.
    Off Texas means the waters in the Gulf west of a rhumb line from 
29 deg.32.1' N. lat., 93 deg.47.7' W. long. to 26 deg.11.4' N. lat., 
92 deg.53' W. long., which line is an extension of the boundary between 
Louisiana and Texas.
    Penaeid shrimp trawler means any vessel that is equipped with one or 
more trawl nets whose on-board or landed catch of brown, pink, or white 
shrimp (penaeid shrimp) is more than 1 percent, by weight, of all fish 
comprising its on-board or landed catch.
    Powerhead means any device with an explosive charge, usually 
attached to a

[[Page 101]]

speargun, spear, pole, or stick, that fires a projectile upon contact.
    Processor means a person who processes fish or fish products, or 
parts thereof, for commercial use or consumption.
    Purchase means the act or activity of buying, trading, or bartering, 
or attempting to buy, trade, or barter.
    Red drum, also called redfish, means Sciaenops ocellatus, or a part 
thereof.
    Red snapper means Lutjanus campechanus, or a part thereof, one of 
the Gulf reef fish species.
    Regional Director (RD), for the purposes of this part, means the 
Director, Southeast Region, NMFS (see Table 1 of Sec. 600.502 of this 
chapter).
    Rod and reel means a rod and reel unit that is not attached to a 
vessel, or, if attached, is readily removable, from which a line and 
attached hook(s) are deployed. The line is payed out from and retrieved 
on the reel manually, electrically, or hydraulically.
     Run-around gillnet means a gillnet, other than a long gillnet, 
that, when used, encloses an area of water.
    SAFMC means the South Atlantic Fishery Management Council.
    Sale or sell means the act or activity of transferring property for 
money or credit, trading, or bartering, or attempting to so transfer, 
trade, or barter.
    Science and Research Director (SRD), for the purposes of this part, 
means the Science and Research Director, Southeast Fisheries Science 
Center, NMFS (see Table 1 of Sec. 600.502 of this chapter).
    Sea bass pot means a trap has six rectangular sides and does not 
exceed 25 inches (63.5 cm) in height, width, or depth.
    Shrimp means one or more of the following species, or a part 
thereof:
    (1) Brown shrimp, Penaeus aztecus.
    (2) Pink shrimp, Penaeus duorarum.
    (3) Rock shrimp, Sicyonia brevirostris.
    (4) Royal red shrimp, Pleoticus robustus.
    (5) Seabob shrimp, Xiphopenaeus kroyeri.
    (6) White shrimp, Penaeus setiferus.
    Shrimp trawler means any vessel that is equipped with one or more 
trawl nets whose on-board or landed catch of shrimp is more than 1 
percent, by weight, of all fish comprising its on-board or landed catch.
    SMZ means special management zone.
    South Atlantic means the Atlantic Ocean off the Atlantic coastal 
states from the boundary between the MAFMC and the SAFMC, as specified 
in Sec. 600.105(b) of this chapter, to the line of demarcation between 
the Atlantic Ocean and the Gulf of Mexico, as specified in 
Sec. 600.105(c) of this chapter.
    South Atlantic snapper-grouper means one or more of the species, or 
a part thereof, listed in Table 4 in Appendix A of this part.
    Stab net means a gillnet, other than a long gillnet, or trammel net 
whose weight line sinks to the bottom and submerges the float line.
    Total length (TL), for the purposes of this part, means the 
straight-line distance from the tip of the snout to the tip of the tail 
(caudal fin), excluding any caudal filament, while the fish is lying on 
its side. The mouth of the fish may be closed and/or the tail may be 
squeezed together to give the greatest overall measurement. (See Figure 
2 in Appendix C of this part.)
    Toxic chemical means any substance, other than an allowable 
chemical, that, when introduced into the water, can stun, immobilize, or 
take marine life.
    Trammel net means two or more panels of netting, suspended 
vertically in the water by a common float line and a common weight line, 
with one panel having a larger mesh size than the other(s), to entrap 
fish in a pocket of netting.
    Trip means a fishing trip, regardless of number of days duration, 
that begins with departure from a dock, berth, beach, seawall, or ramp 
and that terminates with return to a dock, berth, beach, seawall, or 
ramp.
    Try net, also called test net, means a net pulled for brief periods 
by a shrimp trawler to test for shrimp concentrations or determine 
fishing conditions (e.g., presence or absence of bottom debris, 
jellyfish, bycatch, seagrasses).
    Wild live rock means live rock other than aquacultured live rock.
    Wreckfish means the species Polyprion americanus, or a part thereof, 
one of the

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South Atlantic snapper-grouper species.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 
FR 47448, Sept. 9, 1996; 61 FR 65483, Dec. 13, 1996; 62 FR 18539, Apr. 
16, 1997; 63 FR 10565, Mar. 4, 1998; 63 FR 18144, Apr. 14, 1998]



Sec. 622.3  Relation to other laws and regulations.

    (a) The relation of this part to other laws is set forth in 
Sec. 600.705 of this chapter and paragraphs (b) and (c) of this section.
    (b) Except for regulations on allowable octocoral, Gulf and South 
Atlantic prohibited coral, and live rock, this part is intended to apply 
within the EEZ portions of applicable National Marine Sanctuaries and 
National Parks, unless the regulations governing such Sanctuaries or 
Parks prohibit their application. Regulations on allowable octocoral, 
Gulf and South Atlantic prohibited coral, and live rock do not apply 
within the EEZ portions of the following National Marine Sanctuaries and 
National Parks:
    (1) Everglades National Park (36 CFR 7.45).
    (2) Looe Key National Marine Sanctuary (15 CFR part 937).
    (3) Fort Jefferson National Monument (36 CFR 7.27).
    (4) Key Largo Coral Reef National Marine Sanctuary (15 CFR part 
929).
    (5) Biscayne National Park (16 U.S.C. 410gg).
    (6) Gray's Reef National Marine Sanctuary (15 CFR Part 938).
    (7) Monitor Marine Sanctuary (15 CFR part 924).
    (c) For allowable octocoral, if a state has a catch, landing, or 
gear regulation that is more restrictive than a catch, landing, or gear 
regulation in this part, a person landing in such state allowable 
octocoral taken from the Gulf or South Atlantic EEZ must comply with the 
more restrictive state regulation.
    (d) General provisions on facilitation of enforcement, penalties, 
and enforcement policy applicable to all domestic fisheries are set 
forth in Secs. 600.730, 600.735, and 600.740 of this chapter, 
respectively.
    (e) An activity that is otherwise prohibited by this part may be 
conducted if authorized as scientific research activity, exempted 
fishing, or exempted educational activity, as specified in Sec. 600.745 
of this chapter.



Sec. 622.4  Permits and fees.

    (a) Permits required. To conduct activities in fisheries governed in 
this part, valid permits, licenses, and endorsements are required as 
follows:
    (1) Charter vessel/headboat permits. For a person aboard a vessel 
that is operating as a charter vessel or headboat to fish for or possess 
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic 
snapper-grouper in or from the EEZ, a charter vessel/headboat permit for 
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic 
snapper-grouper, respectively, must have been issued to the vessel and 
must be on board. A charter vessel or headboat may have both a charter 
vessel/headboat permit and a commercial vessel permit. However, when a 
vessel is operating as a charter vessel or headboat, a person aboard 
must adhere to the bag limits.
    (2) Commercial vessel permits, licenses, and endorsements--(i) Fish 
traps in the Gulf. For a person to possess or use a fish trap in the EEZ 
in the Gulf of Mexico, a commercial vessel permit for Gulf reef fish 
with a fish trap endorsement must have been issued to the vessel and 
must be on board. See paragraph (n) of this section regarding fish trap 
endorsements.
    (ii) Gillnets for king mackerel in the Florida west coast subzone. 
For a person aboard a vessel to use a run-around gillnet for king 
mackerel in the Florida west coast subzone (see 
Sec. 622.42(c)(1)(i)(A)(3)), a commercial vessel permit for king and 
mackerel with a gillnet endorsement must have been issued to the vessel 
and must be on board. See paragraph (o) of this section for restrictions 
on addition or deletion of a gillnet endorsement.
    (iii) King mackerel. For a person aboard a vessel to be eligible for 
exemption from the bag limits and to fish under a quota for king 
mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a 
commercial vessel permit for king mackerel must have been issued to the 
vessel and must be on board. To obtain or renew a commercial vessel 
permit for king mackerel

[[Page 103]]

valid through April 30, 1999, at least 10 percent of the applicant's 
earned income must have been derived from commercial fishing (i.e., 
harvest and first sale of fish) during one of the 3 calendar years 
preceding the application. To obtain or renew a commercial vessel permit 
for king mackerel valid after April 30, 1999, at least 25 percent of the 
applicant's earned income, or at least $10,000, must have been derived 
from commercial fishing (i.e., harvest and first sale of fish) or from 
charter fishing during one of the 3 calendar years preceding the 
application. See paragraph (q) of this section regarding a moratorium on 
commercial vessel permits for king mackerel, initial permits under the 
moratorium, transfers of permits during the moratorium, and limited 
exceptions to the earned income or gross sales requirement for a permit.
    (iv) Spanish mackerel. For a person aboard a vessel to be eligible 
for exemption from the bag limits and to fish under a quota for Spanish 
mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a 
commercial vessel permit for Spanish mackerel must have been issued to 
the vessel and must be on board. To obtain or renew a commercial vessel 
permit for Spanish mackerel valid through April 30, 1999, at least 10 
percent of the applicant's earned income must have been derived from 
commercial fishing (i.e., harvest and first sale of fish) during one of 
the 3 calendar years preceding the application. To obtain or renew a 
commercial vessel permit for Spanish mackerel valid after April 30, 
1999, at least 25 percent of the applicant's earned income, or at least 
$10,000, must have been derived from commercial fishing (i.e., harvest 
and first sale of fish) or from charter fishing during one of the 3 
calendar years preceding the application.
    (v) Gulf reef fish. For a person aboard a vessel to be eligible for 
exemption from the bag limits, to fish under a quota, or to sell Gulf 
reef fish in or from the Gulf EEZ, a commercial vessel permit for Gulf 
reef fish must have been issued to the vessel and must be on board. To 
obtain or renew a commercial vessel permit for Gulf reef fish, more than 
50 percent of the applicant's earned income must have been derived from 
commercial fishing (i.e., harvest and first sale of fish) or from 
charter fishing during either of the 2 calendar years preceding the 
application. See paragraph (m) of this section regarding a moratorium on 
commercial vessel permits for Gulf reef fish and limited exceptions to 
the earned income requirement for a permit.
    (vi) South Atlantic snapper-grouper. For a person aboard a vessel to 
be eligible for exemption from the bag limits for South Atlantic 
snapper-grouper in or from the South Atlantic EEZ, to engage in the 
directed fishery for tilefish in the South Atlantic EEZ, to use a 
longline to fish for South Atlantic snapper-grouper in the South 
Atlantic EEZ, or to use a sea bass pot in the South Atlantic EEZ between 
35 deg.15.3' N. lat. (due east of Cape Hatteras Light, NC) and 
28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly Building, 
Cape Canaveral, FL), a commercial vessel permit for South Atlantic 
snapper-grouper must have been issued to the vessel and must be on 
board. A vessel with longline gear and more than 200 lb (90.7 kg) of 
tilefish on board is considered to be in the directed fishery for 
tilefish. It is a rebuttable presumption that a fishing vessel with more 
than 200 lb (90.7 kg) of tilefish on board harvested such tilefish in 
the EEZ. See Sec. 622.18 for limitations on the use, transfer, and 
renewal of a commercial vessel permit for South Atlantic snapper-
grouper.
    (vii) Wreckfish. For a person aboard a vessel to fish for wreckfish 
in the South Atlantic EEZ, possess wreckfish in or from the South 
Atlantic EEZ, offload wreckfish from the South Atlantic EEZ, or sell 
wreckfish in or from the South Atlantic EEZ, a commercial vessel permit 
for wreckfish must have been issued to the vessel and must be on board. 
To obtain a commercial vessel permit for wreckfish, the applicant must 
be a wreckfish shareholder; and either the shareholder must be the 
vessel owner or the owner or operator must be an employee, contractor, 
or agent of the shareholder. (See Sec. 622.15 for information on 
wreckfish shareholders.)
    (viii) South Atlantic rock shrimp. For a person aboard a vessel to 
fish for rock

[[Page 104]]

shrimp in the South Atlantic EEZ or possess rock shrimp in or from the 
South Atlantic EEZ, a commercial vessel permit for rock shrimp must be 
issued to the vessel and must be on board.
    (ix) Gulf red snapper. For a person aboard a vessel for which a 
commercial vessel permit for Gulf reef fish has been issued to retain 
red snapper under the trip limits specified in Sec. 622.44(e)(1) or (2), 
a Class 1 or Class 2 Gulf red snapper license must have been issued to 
the vessel and must be on board. See paragraph (p) of this section 
regarding initial issue of red snapper licenses.
    (3) Coral permits--(i) Allowable chemical. For an individual to take 
or possess fish or other marine organisms with an allowable chemical in 
a coral area, other than fish or other marine organisms that are landed 
in Florida, a Federal allowable chemical permit must have been issued to 
the individual. Such permit must be available when the permitted 
activity is being conducted and when such fish or other marine organisms 
are possessed, through landing ashore.
    (ii) Allowable octocoral. For an individual to take or possess 
allowable octocoral in the Gulf or South Atlantic EEZ, other than 
allowable octocoral that is landed in Florida, a Federal allowable 
octocoral permit must have been issued to the individual. Such permit 
must be available for inspection when the permitted activity is being 
conducted and when allowable octocoral is possessed, through landing 
ashore.
    (iii) Aquacultured live rock. For a person to take or possess 
aquacultured live rock in the Gulf or South Atlantic EEZ, a Federal 
aquacultured live rock permit must have been issued for the specific 
harvest site. Such permit, or a copy, must be on board a vessel 
depositing or possessing material on an aquacultured live rock site or 
harvesting or possessing live rock from an aquacultured live rock site.
    (iv) Prohibited coral. A Federal permit may be issued to take or 
possess Gulf and South Atlantic prohibited coral or Caribbean prohibited 
coral only as scientific research activity, exempted fishing, or 
exempted educational activity. See Sec. 600.745 of this chapter for the 
procedures and limitations for such activities and fishing.
    (v) Florida permits. Appropriate Florida permits and endorsements 
are required for the following activities, without regard to whether 
they involve activities in the EEZ or Florida's waters:
    (A) Landing in Florida fish or other marine organisms taken with an 
allowable chemical in a coral area.
    (B) Landing allowable octocoral in Florida.
    (C) Landing live rock in Florida.
    (vi) Wild live rock permits. A Federal permit is required for a 
vessel to take or possess wild live rock in or from the Gulf EEZ. To be 
eligible for a wild live rock vessel permit, the current owner of the 
vessel for which the permit is requested must have had the required 
Florida permit and endorsements for live rock on or before February 3, 
1994, and a record of landings of live rock on or before February 3, 
1994, as documented on trip tickets received by the Florida Department 
of Environmental Protection before March 15, 1994. For landings other 
than in Florida, equivalent state permits/endorsements, if required, and 
landing records may be substituted for the Florida permits/endorsements 
and trip tickets. An owner will not be issued permits in numbers 
exceeding the number of vessels for which the owning entity had the 
requisite reported landings. An owner of a permitted vessel may transfer 
the vessel permit to another vessel owned by the same person by 
returning the existing permit with an application for a vessel permit 
for the replacement vessel. No wild live rock vessel permits will be 
issued after the quota for wild live rock in the Gulf, as specified in 
Sec. 622.42(b)(2), is reached or after December 31, 1996.
    (4) Dealer permits. For a dealer to receive Gulf reef fish, golden 
crab harvested from the South Atlantic EEZ, South Atlantic snapper-
grouper, rock shrimp harvested from the South Atlantic EEZ, or 
wreckfish, a dealer permit for Gulf reef fish, golden crab, South 
Atlantic snapper-grouper, rock shrimp, or wreckfish, respectively, must 
be issued to the dealer. To obtain a dealer permit, the applicant must 
have a valid state wholesaler's license

[[Page 105]]

in the state(s) where the dealer operates, if required by such state(s), 
and must have a physical facility at a fixed location in such state(s).
    (b) Applications for permits. Application forms for all permits are 
available from the RD. Completed application forms and all required 
supporting documents must be submitted to the RD at least 30 days prior 
to the date on which the applicant desires to have the permit made 
effective. All vessel permits are mailed to owners, whether the 
applicant is an owner or an operator.
    (1) Coral permits. (i) The applicant for a coral permit must be the 
individual who will be conducting the activity that requires the permit. 
In the case of a corporation or partnership that will be conducting live 
rock aquaculture activity, the applicant must be the principal 
shareholder or a general partner.
    (ii) An applicant must provide the following:
    (A) Name, address, telephone number, and other identifying 
information of the applicant.
    (B) Name and address of any affiliated company, institution, or 
organization.
    (C) Information concerning vessels, harvesting gear/methods, or 
fishing areas, as specified on the application form.
    (D) Any other information that may be necessary for the issuance or 
administration of the permit.
    (E) If applying for an aquacultured live rock permit, identification 
of each vessel that will be depositing material on or harvesting 
aquacultured live rock from the proposed aquacultured live rock site, 
specification of the port of landing of aquacultured live rock, and a 
site evaluation report prepared pursuant to generally accepted industry 
standards that--
    (1) Provides accurate coordinates of the proposed harvesting site so 
that it can be located using LORAN or Global Positioning System 
equipment;
    (2) Shows the site on a chart in sufficient detail to determine its 
size and allow for site inspection;
    (3) Discusses possible hazards to safe navigation or hindrance to 
vessel traffic, traditional fishing operations, or other public access 
that may result from aquacultured live rock at the site;
    (4) Describes the naturally occurring bottom habitat at the site; 
and
    (5) Specifies the type and origin of material to be deposited on the 
site and how it will be distinguishable from the naturally occurring 
substrate.
    (2) Dealer permits. (i) The application for a dealer permit must be 
submitted by the owner (in the case of a corporation, an officer or 
shareholder; in the case of a partnership, a general partner).
    (ii) An applicant must provide the following:
    (A) A copy of each state wholesaler's license held by the dealer.
    (B) Name, address, telephone number, date the business was formed, 
and other identifying information of the business.
    (C) The address of each physical facility at a fixed location where 
the business receives fish.
    (D) Name, address, telephone number, other identifying information, 
and official capacity in the business of the applicant.
    (E) Any other information that may be necessary for the issuance or 
administration of the permit, as specified on the application form.
    (3) Vessel permits. (i) The application for a commercial vessel 
permit, other than for wreckfish, or for a charter vessel/headboat 
permit must be submitted by the owner (in the case of a corporation, an 
officer or shareholder; in the case of a partnership, a general partner) 
or operator of the vessel. A commercial vessel permit that is issued 
based on the earned income qualification of an operator is valid only 
when that person is the operator of the vessel. The applicant for a 
commercial vessel permit for wreckfish must be a wreckfish shareholder.
    (ii) An applicant must provide the following:
    (A) A copy of the vessel's valid USCG certificate of documentation 
or, if not documented, a copy of its valid state registration 
certificate.
    (B) Vessel name and official number.
    (C) Name, address, telephone number, and other identifying 
information of the vessel owner and of the applicant, if other than the 
owner.

[[Page 106]]

    (D) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas, as 
specified on the application form.
    (E) Any other information that may be necessary for the issuance or 
administration of the permit, as specified on the application form.
    (F) If applying for a commercial vessel permit, documentation, as 
specified in the instructions accompanying each application form, 
showing that applicable eligibility requirements of paragraph (a)(2) of 
this section have been met.
    (G) If a fish trap or sea bass pot will be used, the number, 
dimensions, and estimated cubic volume of the traps/pots that will be 
used and the applicant's desired color code for use in identifying his 
or her vessel and buoys (white is not an acceptable color code).
    (c) Change in application information. The owner or operator of a 
vessel with a permit or a dealer with a permit must notify the RD within 
30 days after any change in the application information specified in 
paragraph (b) of this section. The permit is void if any change in the 
information is not reported within 30 days.
    (d) Fees. A fee is charged for each application for a permit, 
license, or endorsement submitted under this section, for each request 
for transfer or replacement of such permit, license, or endorsement, and 
for each fish trap or sea bass pot identification tag required under 
Sec. 622.6(b)(1)(i)(B). The amount of each fee is calculated in 
accordance with the procedures of the NOAA Finance Handbook, available 
from the RD, for determining the administrative costs of each special 
product or service. The fee may not exceed such costs and is specified 
with each application form. The appropriate fee must accompany each 
application, request for transfer or replacement, or request for fish 
trap/sea bass pot identification tags.
    (e) Initial issuance. (1) The RD will issue an initial permit at any 
time to an applicant if the application is complete and the specific 
requirements for the requested permit have been met. An application is 
complete when all requested forms, information, and documentation have 
been received.
    (2) Upon receipt of an incomplete application, the RD will notify 
the applicant of the deficiency. If the applicant fails to correct the 
deficiency within 30 days of the date of the RD's letter of 
notification, the application will be considered abandoned.
    (f) Duration. A permit remains valid for the period specified on it 
unless it is revoked, suspended, or modified pursuant to subpart D of 15 
CFR part 904 or the vessel or dealership is sold.
    (g) Transfer. A vessel permit, license, or endorsement or dealer 
permit issued under this section is not transferable or assignable, 
except as provided in paragraph (m) of this section for a commercial 
vessel permit for Gulf reef fish, in paragraph (n) of this section for a 
fish trap endorsement, in paragraph (p) of this section for a red 
snapper license, in paragraph (q) of this section for a king mackerel 
permit, in Sec. 622.17(i) for a commercial vessel permit for golden 
crab, or in Sec. 622.18(e) for a commercial vessel permit for South 
Atlantic snapper-grouper. A person who acquires a vessel or dealership 
who desires to conduct activities for which a permit or endorsement is 
required must apply for a permit or endorsement in accordance with the 
provisions of this section. If the acquired vessel or dealership is 
currently permitted, the application must be accompanied by the original 
permit and a copy of a signed bill of sale or equivalent acquisition 
papers.
    (h) Renewal. Although a permit required by this section is issued on 
an annual basis, an application for permit renewal is required only 
every 2 years. In the interim years, a permit is renewed automatically 
(without application) for a vessel owner or dealer who has met the 
specific requirements for the requested permit, who has submitted all 
reports required under the Magnuson Act, and who is not subject to a 
permit sanction or denial under paragraph (j) of this section. An owner 
or dealer whose permit is expiring will be mailed a notification by the 
RD approximately 2 months prior to expiration of the current permit. 
That notification will advise the status of the renewal of the permit. 
That is, the notification will advise that the renewed permit will be 
issued without further

[[Page 107]]

action by the owner or dealer, that the permit is not eligible for 
automatic renewal, or that a new application is required. A notification 
that a permit is not eligible for automatic renewal will specify the 
reasons and will provide an opportunity for correction of any 
deficiencies. A notification that a new application is required will 
include a preprinted renewal application. An automatically renewed 
permit will be mailed by the RD approximately 1 month prior to 
expiration of the old permit. A vessel owner or dealer who does not 
receive a notification of status of renewal of a permit by 45 days prior 
to expiration of the current permit must contact the RD.
    (i) Display. A vessel permit, license, or endorsement issued under 
this section must be carried on board the vessel. A dealer permit issued 
under this section, or a copy thereof, must be available on the dealer's 
premises. In addition, a copy of the dealer's permit must accompany each 
vehicle that is used to pick up from a fishing vessel reef fish 
harvested from the Gulf EEZ. The operator of a vessel must present the 
permit, license, or endorsement for inspection upon the request of an 
authorized officer. A dealer or a vehicle operator must present the 
permit or a copy for inspection upon the request of an authorized 
officer.
    (j) Sanctions and denials. A permit, license, or endorsement issued 
pursuant to this section may be revoked, suspended, or modified, and a 
permit, license, or endorsement application may be denied, in accordance 
with the procedures governing enforcement-related permit sanctions and 
denials found at subpart D of 15 CFR part 904.
    (k) Alteration. A permit, license, or endorsement that is altered, 
erased, or mutilated is invalid.
    (l) Replacement. A replacement permit, license, or endorsement may 
be issued. An application for a replacement permit, license, or 
endorsement is not considered a new application.
    (m) Moratorium on commercial vessel permits for Gulf reef fish. The 
provisions of this paragraph (m) are applicable through December 31, 
2000.
    (1) No applications for additional commercial vessel permits for 
Gulf reef fish will be accepted. Existing vessel permits may be renewed, 
are subject to the restrictions on transfer or change in paragraphs 
(m)(2) through (5) of this section, and are subject to the requirement 
for timely renewal in paragraph (m)(6) of this section.
    (2) An owner of a permitted vessel may transfer the commercial 
vessel permit for Gulf reef fish to another vessel owned by the same 
entity.
    (3) An owner whose earned income qualified for the commercial vessel 
permit for Gulf reef fish may transfer the permit to the owner of 
another vessel, or to the new owner when he or she transfers ownership 
of the permitted vessel. Such owner of another vessel, or new owner, may 
receive a commercial vessel permit for Gulf reef fish for his or her 
vessel, and renew it through April 15 following the first full calendar 
year after obtaining it, without meeting the earned income requirement 
of paragraph (a)(2)(v) of this section. However, to further renew the 
commercial vessel permit, the owner of the other vessel, or new owner, 
must meet the earned income requirement not later than the first full 
calendar year after the permit transfer takes place.
    (4) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may transfer the permit to the income 
qualifying operator when such operator becomes an owner of a vessel.
    (5) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may have the operator qualification on the 
permit removed, and renew it without such qualification through April 15 
following the first full calendar year after removing it, without 
meeting the earned income requirement of paragraph (a)(2)(v) of this 
section. However, to further renew the commercial vessel permit, the 
owner must meet the earned income requirement not later than the first 
full

[[Page 108]]

calendar year after the operator qualification is removed. To have an 
operator qualification removed from a permit, the owner must return the 
original permit to the RD with an application for the changed permit.
    (6) A commercial vessel permit for Gulf reef fish that is not 
renewed or that is revoked will not be reissued. A permit is considered 
to be not renewed when an application for renewal is not received by the 
RD within 1 year of the expiration date of the permit.
    (n) Endorsements for fish traps in the Gulf. The provisions of this 
paragraph (n) are applicable through February 7, 2007. After February 7, 
2007, no fish trap endorsements are valid.
    (1) Only those fish trap endorsements that are valid on February 7, 
1997, may be renewed. Such endorsements are subject to the restrictions 
on transfer in paragraphs (n)(2) and (3) of this section and are subject 
to the requirement for timely renewal in paragraph (n)(5) of this 
section.
    (2) Through February 7, 1999, a fish trap endorsement may be 
transferred only to a vessel that has a commercial permit for reef fish.
    (3) After February 7, 1999, a fish trap endorsement is not 
transferable except as follows:
    (i) An owner of a vessel with a fish trap endorsement may transfer 
the endorsement to another vessel owned by the same entity.
    (ii) A fish trap endorsement is transferable upon a change of 
ownership of a permitted vessel with such endorsement from one to 
another of the following: Husband, wife, son, daughter, brother, sister, 
mother, or father.
    (iii) When a change of ownership of a vessel with a fish trap 
endorsement is directly related to the disability or death of the owner, 
the RD may issue such endorsement, temporarily or permanently, with the 
commercial vessel permit for Gulf reef fish that is issued for the 
vessel under the new owner. Such new owner will be the person specified 
by the owner or his/her legal guardian, in the case of a disabled owner, 
or by the will or executor/administrator of the estate, in the case of a 
deceased owner. (Paragraphs (m)(3) and (4) of this section apply for the 
transfer of a commercial vessel permit for Gulf reef fish upon 
disability or death of an owner.)
    (iv) A fish trap endorsement may be transferred to a vessel with a 
commercial vessel permit for Gulf reef fish whose owner has a record of 
landings of reef fish from fish traps in the Gulf EEZ, as reported on 
fishing vessel logbooks received by the SRD, from November 20, 1992, 
through February 6, 1994, and who was unable to obtain a fish trap 
endorsement for the vessel with the reported landings.
    (4) The owner of a vessel that is to receive a transferred 
endorsement must return the originals of the endorsed commercial vessel 
permit for Gulf reef fish and the unendorsed permit to the RD with an 
application for a fish trap endorsement for his or her vessel.
    (5) A fish trap endorsement that is not renewed or that is revoked 
will not be reissued. Such endorsement is considered to be not renewed 
when an application for renewal is not received by the RD within 1 year 
of the expiration date of the permit.
    (o) Endorsements for the use of gillnets for king mackerel in the 
Florida west coast subzone. Other paragraphs of this section 
notwithstanding--
    (1) An owner of a vessel that has a commercial vessel permit for 
king mackerel may add or delete a gillnet endorsement on a permit by 
returning to the RD the vessel's existing permit with a written request 
for addition or deletion of the gillnet endorsement. Such request must 
be postmarked or hand delivered during June, each year.
    (2) A gillnet endorsement may not be added or deleted from July 1 
through May 31 each year, any renewal of the permit during that period 
notwithstanding. From July 1 through May 31, a permitted vessel that is 
sold, if permitted by the new owner for king mackerel, will receive a 
permit with or without the gillnet endorsement as was the case for the 
vessel under the previous owner. From July 1 through May 31, the initial 
commercial vessel permit for king mackerel issued for a vessel new to 
the fishery will be issued without a gillnet endorsement.
    (p) Gulf red snapper licenses--(1) Class 1 licenses. To be eligible 
for the 2,000-lb (907-kg) trip limit for Gulf red snapper specified in 
Sec. 622.44(e)(1), a vessel must

[[Page 109]]

have been issued both a valid commercial vessel permit for Gulf reef 
fish and a valid Class 1 Gulf red snapper license, and such permit and 
license must be on board.
    (2) Class 2 licenses. To be eligible for the 200-lb (91-kg) trip 
limit for Gulf red snapper specified in Sec. 622.44(e)(2), a vessel must 
have been issued both a valid commercial vessel permit for Gulf reef 
fish and a valid Class 2 Gulf red snapper license, and such permit and 
license must be on board.
    (3) Operator restriction. An initial Gulf red snapper license that 
is issued for a vessel based on the qualification of an operator or 
historical captain is valid only when that operator or historical 
captain is the operator of the vessel. When applicable, this operator 
restriction is shown on the license.
    (4) Transfer of Gulf red snapper licenses. A red snapper license may 
be transferred independently of a commercial vessel permit for Gulf reef 
fish. To request the transfer of a red snapper license, complete the 
transfer information on the reverse of the license and return it to the 
RD.
    (5) Initial issue of Gulf red snapper licenses--(i) Class 1 
licenses. (A) An initial Class 1 license will be issued for the vessel 
specified by the holder of a valid red snapper endorsement on March 1, 
1997, and to a historical captain. In the event of death or disability 
of such holder between March 1, 1997, and the date Class 1 licenses are 
issued, a Class 1 license will be issued for the vessel specified by the 
person to whom the red snapper endorsement was transferred.
    (B) Status as a historical captain is based on information collected 
under Amendment 9 to the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP) (59 FR 39301, August 2, 1994). A 
historical captain is an operator who--
    (1) From November 6, 1989, through 1993, fished solely under verbal 
or written share agreements with an owner, and such agreements provided 
for the operator to be responsible for hiring the crew, who was paid 
from the share under his or her control;
    (2) Landed from that vessel at least 5,000 lb (2,268 kg) of red 
snapper per year in 2 of the 3 years 1990, 1991, and 1992;
    (3) Derived more than 50 percent of his or her earned income from 
commercial fishing, that is, sale of the catch, in each of the years 
1989 through 1993; and
    (4) Landed red snapper prior to November 7, 1989.
    (ii) Class 2 licenses. (A) An initial Class 2 license will be issued 
for the vessel specified by an owner or operator whose income qualified 
for a commercial vessel permit for reef fish that was valid on March 1, 
1997, and such owner or operator was the person whose earned income 
qualified for a commercial vessel permit for reef fish that had a 
landing of red snapper during the period from January 1, 1990, through 
February 28, 1997.
    (B) For the purpose of paragraph (p)(5)(ii)(A) of this section, 
landings of red snapper are as recorded in the information collected 
under Amendment 9 to the FMP (59 FR 39301, August 2, 1994) for the 
period 1990 through 1992 and in fishing vessel logbooks, as required 
under Sec. 622.5(a)(1)(ii), received by the SRD not later than March 31, 
1997, for the period from January 1, 1993, through February 28, 1997.
    (C) A vessel's red snapper landings record during the period from 
January 1, 1990, through February 28, 1997, is retained by the owner at 
the time of the landings if the vessel's permit was transferred to 
another vessel owned by him or her. When a vessel has had a change of 
ownership and concurrent transfer of its permit, the vessel's red 
snapper landings record is credited to the owner of that vessel on March 
1, 1997, unless there is a legally binding agreement under which a 
previous owner retained the landings record. An owner who claims such 
retention of a landings record must submit a copy of the agreement to 
the RD postmarked or hand delivered not later than January 30, 1998. 
However, an owner who submits a copy of such agreement after January 6, 
1998, is not assured that a red snapper license will be issued before 
the opening of the commercial fishery for red snapper on February 1, 
1998.
    (6) Implementation procedures--(i) Initial notification. The RD will 
notify

[[Page 110]]

each owner of a vessel that had a valid permit for Gulf reef fish on 
March 1, 1997, each operator whose earned income qualified for a valid 
permit on that date, and each potential historical captain of his or her 
eligibility for a Class 1 or Class 2 red snapper license. Initial 
determinations of eligibility will be based on NMFS' records of red 
snapper endorsements, red snapper landings during the period from 
January 1, 1990, through February 28, 1997, and applications for 
historical captain status under Amendment 9 to the FMP (59 FR 39301, 
August 2, 1994). An owner, operator, or potential historical captain who 
concurs with NMFS' initial determination of eligibility need take no 
further action. Each owner, operator, and historical captain who is 
initially determined to be eligible will be issued an appropriate 
license not later than January 23, 1998.
    (ii) Reconsideration. (A) An owner, operator, or potential 
historical captain who does not concur with NMFS' initial determination 
of eligibility for historical captain status or for a Class 2 red 
snapper license may request reconsideration of that initial 
determination by the RD.
    (B) A written request for reconsideration must be submitted to the 
RD postmarked or hand delivered not later than February 10, 1998, and 
must provide written documentation supporting the basis for 
reconsideration. However, an owner who submits such request after 
January 13, 1998, is not assured that a red snapper license will be 
issued before the opening of the commercial fishery for red snapper on 
February 1, 1998. Upon request by the owner, operator, or potential 
historical captain, the RD will forward the initial determination, the 
request for reconsideration, and pertinent records to a committee 
consisting of the principal state officials who are members of the 
GMFMC, or their designees. An owner, operator, or potential historical 
captain may request to make a personal appearance before the committee 
in his or her request for reconsideration. If an owner, operator, or 
potential historical captain requests that his or her request be 
forwarded to the committee, such a request constitutes the applicant's 
written authorization under section 402(b)(1)(F) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) for the 
RD to make available to the committee members such confidential catch 
and other records as are pertinent to the matter under reconsideration.
    (C) Members of the committee will provide their individual 
recommendations for each application for reconsideration referred to the 
committee to the RD. The committee may only deliberate whether the 
eligibility criteria specified in paragraph (p)(5) of this section were 
applied correctly in the applicant's case, based solely on the available 
record, including documentation submitted by the applicant. Neither the 
committee nor the RD may consider whether a person should have been 
eligible for historical captain status or a Class 2 license because of 
hardship or other factors. The RD will make a final decision based on 
the initial eligibility criteria in paragraph (p)(5) of this section and 
the available record, including documentation submitted by the 
applicant, and, if the request is considered by the committee, the 
recommendations and comments from each member of the committee. The RD 
will notify the applicant of the decision and the reason therefore, in 
writing, within 15 days of receiving the recommendations of the 
committee members. If the application is not considered by the 
committee, the RD will provide such notification within 15 days of the 
RD's receipt of the request for reconsideration. The RD's decision will 
constitute the final administrative action by NMFS on an application for 
reconsideration.
    (q) Moratorium on commercial vessel permits for king mackerel. This 
paragraph (q) is effective through October 15, 2000.
    (1) Effective March 4, 1998, an initial commercial vessel permit for 
king mackerel will be issued only if the vessel owner was the owner of a 
vessel with a commercial vessel permit for king mackerel on or before 
October 16, 1995. A king mackerel permit for a vessel whose owner does 
not meet this moratorium criterion may be renewed only through April 30, 
1999.
    (2) To obtain a commercial vessel permit for king mackerel under the

[[Page 111]]

moratorium, an owner or operator of a vessel that does not have a valid 
king mackerel permit on March 4, 1998, must submit an application to the 
RD postmarked or hand delivered not later than June 2, 1998. Other than 
applications for renewals of commercial vessel permits for king 
mackerel, no applications for commercial vessel permits for king 
mackerel will be accepted after June 2, 1998. Application forms are 
available from the RD.
    (3) An owner will not be issued initial commercial vessel permits 
for king mackerel under the moratorium in numbers exceeding the number 
of vessels permitted in the king mackerel fishery that he/she owned 
simultaneously on or before October 16, 1995. If a vessel with a 
commercial vessel permit for king mackerel on or before October 16, 
1995, has been sold since that date, the owner on or before that date 
retains the right to the commercial vessel permit for king mackerel 
unless there is a written agreement that such right transfers to the new 
owner.
    (4) An owner of a permitted vessel may transfer the commercial 
vessel permit for king mackerel issued under this moratorium to another 
vessel owned by the same entity.
    (5) An owner whose percentage of earned income or gross sales 
qualified him/her for the commercial vessel permit for king mackerel 
issued under the moratorium may request that NMFS transfer that permit 
to the owner of another vessel, or to the new owner when he or she 
transfers ownership of the permitted vessel. Such owner of another 
vessel, or new owner, may receive a commercial vessel permit for king 
mackerel for his or her vessel, and renew it through April 15 following 
the first full calendar year after obtaining it, without meeting the 
percentage of earned income or gross sales requirement of paragraph 
(a)(2)(iii) of this section. However, to further renew the commercial 
vessel permit, the owner of the other vessel, or new owner, must meet 
the earned income or gross sales requirement not later than the first 
full calendar year after the permit transfer takes place.
    (6) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may request that NMFS transfer the permit to 
the income-qualifying operator when such operator becomes an owner of a 
vessel.
    (7) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may have the operator qualification on the 
permit removed, and renew it without such qualification through April 15 
following the first full calendar year after removing it, without 
meeting the earned income or gross sales requirement of paragraph 
(a)(2)(iii) of this section. However, to further renew the commercial 
vessel permit, the owner must meet the earned income or gross sales 
requirement not later than the first full calendar year after the 
operator qualification is removed. To have an operator qualification 
removed from a permit, the owner must return the original permit to the 
RD with an application for the changed permit.
    (8) NMFS will not reissue a commercial vessel permit for king 
mackerel if the permit is revoked or if the RD does not receive an 
application for renewal within 1 year of the permit's expiration date.

[61 FR 34937, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 
FR 47448, Sept 9, 1996; 61 FR 48414, Sept. 13, 1996; 62 FR 13986, Mar. 
25, 1997; 62 FR 67721, 67722, Dec. 30, 1997; 63 FR 10565, 10569, Mar. 4, 
1998; 63 FR 38301, July 16, 1998]

    Effective Date Note: At 63 FR 38301, July 16, 1998, Sec. 622.4 was 
amended by revising the last sentence of paragraph (a)(2)(vi), effective 
Dec. 14, 1998. For the convenience of the user, the superseded text is 
set forth as follows:

Sec. 622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (vi) * * * To obtain or renew a commercial vessel permit for South 
Atlantic snapper-grouper, more than 50 percent of the applicant's earned 
income must have been derived from commercial fishing (i.e., harvest and 
first sale of fish) or from charter fishing, or gross sales of fish 
harvested from the owner's, operator's, corporation's, or partnership's 
vessels must have been greater than $20,000, during one of the 3 
calendar years preceding the application.

                                * * * * *

[[Page 112]]



Sec. 622.5  Recordkeeping and reporting.

    Participants in fisheries governed in this part are required to keep 
records and report as follows.
    (a) Commercial vessel owners and operators--(1) Requirements by 
species--(i) Coastal migratory pelagic fish. The owner or operator of a 
vessel that fishes for or lands coastal migratory pelagic fish for sale 
in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ or adjoining 
state waters, or whose vessel is issued a commercial permit for king or 
Spanish mackerel, as required under Sec. 622.4(a)(2)(iii) or (iv), who 
is selected to report by the SRD, must maintain a fishing record on a 
form available from the SRD and must submit such record as specified in 
paragraph (a)(2) of this section.
    (ii) Gulf reef fish. The owner or operator of a vessel for which a 
commercial permit for Gulf reef fish has been issued, as required under 
Sec. 622.4(a)(2)(v), or whose vessel fishes for or lands reef fish in or 
from state waters adjoining the Gulf EEZ, who is selected to report by 
the SRD must maintain a fishing record on a form available from the SRD 
and must submit such record as specified in paragraph (a)(2) of this 
section.
    (iii) Gulf shrimp. The owner or operator of a vessel that fishes for 
shrimp in the Gulf EEZ or in adjoining state waters, or that lands 
shrimp in an adjoining state, must provide information for any fishing 
trip, as requested by the SRD, including, but not limited to, vessel 
identification, gear, effort, amount of shrimp caught by species, shrimp 
condition (heads on/heads off), fishing areas and depths, and person to 
whom sold.
    (iv) South Atlantic snapper-grouper. (A) The owner or operator of a 
vessel for which a commercial permit for South Atlantic snapper-grouper 
has been issued, as required under Sec. 622.4(a)(2)(vi), or whose vessel 
fishes for or lands South Atlantic snapper-grouper in or from state 
waters adjoining the South Atlantic EEZ, who is selected to report by 
the SRD must maintain a fishing record on a form available from the SRD 
and must submit such record as specified in paragraph (a)(2) of this 
section.
    (B) The wreckfish shareholder under Sec. 622.15, or operator of a 
vessel for which a commercial permit for wreckfish has been issued, as 
required under Sec. 622.4(a)(2)(vii), must maintain a fishing record on 
a form available from the SRD and must submit such record as specified 
in paragraph (a)(2) of this section.
    (C) The wreckfish shareholder under Sec. 622.15, or operator of a 
vessel for which a commercial permit for wreckfish has been issued, as 
required under Sec. 622.4(a)(2)(vii), must make available to an 
authorized officer upon request all records of offloadings, purchases, 
or sales of wreckfish.
    (v) South Atlantic golden crab. The owner or operator of a vessel 
for which a commercial permit for golden crab has been issued, as 
required under Sec. 622.17(a), who is selected to report by the SRD must 
maintain a fishing record on a form available from the SRD.
    (2) Reporting deadlines. (i) Completed fishing records required by 
paragraphs (a)(1)(i), (ii), and (iv) of this section must be submitted 
to the SRD postmarked not later than 7 days after the end of each 
fishing trip. If no fishing occurred during a calendar month, a report 
so stating must be submitted on one of the forms postmarked not later 
than 7 days after the end of that month. Information to be reported is 
indicated on the form and its accompanying instructions.
    (ii) Reporting forms required in paragraph (a)(1)(v) of this section 
must be submitted to the SRD postmarked not later than 30 days after 
sale of the golden crab offloaded from a trip. If no fishing occurred 
during a calendar month, a report so stating must be submitted on one of 
the forms postmarked not later than 7 days after the end of that month. 
Information to be reported is indicated on the form and its accompanying 
instructions.
    (b) Charter vessel/headboat owners and operators--(1) Coastal 
migratory pelagic fish, reef fish, and snapper-grouper. The owner or 
operator of a vessel for which a charter vessel/headboat permit for 
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic 
snapper-grouper has been issued, as required under Sec. 622.4(a)(1), or 
whose vessel

[[Page 113]]

fishes for or lands such coastal migratory pelagic fish, reef fish, or 
snapper-grouper in or from state waters adjoining the Gulf or South 
Atlantic EEZ, who is selected to report by the SRD must maintain a 
fishing record for each trip, or a portion of such trips as specified by 
the SRD, on forms provided by the SRD and must submit such record as 
specified in paragraph (b)(2) of this section.
    (2) Reporting deadlines--(i) Charter vessels. Completed fishing 
records required by paragraph (b)(1) of this section for charter vessels 
must be submitted to the SRD weekly, postmarked not later than 7 days 
after the end of each week (Sunday). Information to be reported is 
indicated on the form and its accompanying instructions.
    (ii) Headboats. Completed fishing records required by paragraph 
(b)(1) of this section for headboats must be submitted to the SRD 
monthly and must either be made available to an authorized statistical 
reporting agent or be postmarked not later than 7 days after the end of 
each month. Information to be reported is indicated on the form and its 
accompanying instructions.
    (c) Dealers--(1) Coastal migratory pelagic fish. (i) A person who 
purchases coastal migratory pelagic fish from a fishing vessel, or 
person, that fishes for or lands such fish in or from the EEZ or 
adjoining state waters who is selected to report by the SRD must submit 
information on forms provided by the SRD. This information must be 
submitted to the SRD at monthly intervals, postmarked not later than 5 
days after the end of each month. Reporting frequency and reporting 
deadlines may be modified upon notification by the SRD. If no coastal 
migratory pelagic fish were received during a calendar month, a report 
so stating must be submitted on one of the forms, in accordance with the 
instructions on the form, and must be postmarked not later than 5 days 
after the end of the month. The information to be reported is as 
follows:
    (A) Dealer's or processor's name and address.
    (B) County where fish were landed.
    (C) Total poundage of each species received during that month, or 
other requested interval.
    (D) Average monthly price paid for each species.
    (E) Proportion of total poundage landed by each gear type.
    (ii) Alternate SRD. For the purposes of paragraph (c)(1)(i) of this 
section, in the states from New York through Virginia, or in the waters 
off those states, ``SRD'' means the Science and Research Director, 
Northeast Fisheries Science Center, NMFS (see Table 1 of Sec. 600.502 of 
this chapter), or a designee.
    (2) Gulf red drum. A dealers or processor who purchases red drum 
harvested from the Gulf who is selected to report by the SRD must report 
to the SRD such information as the SRD may request and in the form and 
manner as the SRD may require. The information required to be submitted 
must include, but is not limited to, the following:
    (i) Dealer's or processor's name and address.
    (ii) State and county where red drum were landed.
    (iii) Total poundage of red drum received during the reporting 
period, by each type of gear used for harvest.
    (3) Gulf reef fish. A person who purchases Gulf reef fish from a 
fishing vessel, or person, that fishes for or lands such fish in or from 
the EEZ or adjoining state waters must maintain records and submit 
information as follows:
    (i) A dealer must maintain at his/her principal place of business a 
record of Gulf reef fish that he/she receives. The record must contain 
the name of each fishing vessel from which reef fish were received and 
the date, species, and quantity of each receipt. A dealer must retain 
such record for at least 1 year after receipt date and must provide such 
record for inspection upon the request of an authorized officer or the 
SRD.
    (ii) When requested by the SRD, a dealer must provide information 
from his/her record of Gulf reef fish received the total poundage of 
each species received during the month, average monthly price paid for 
each species by market size, and proportion of total poundage landed by 
each gear type. This information must be provided on forms available 
from the SRD and must be submitted to the SRD at monthly intervals, 
postmarked not later than 5 days after the end of the

[[Page 114]]

month. Reporting frequency and reporting deadlines may be modified upon 
notification by the SRD. If no reef fish were received during a calendar 
month, a report so stating must be submitted on one of the forms, 
postmarked not later than 5 days after the end of the month.
    (iii) The operator of a car or truck that is used to pick up from a 
fishing vessel reef fish harvested from the Gulf must maintain a record 
containing the name of each fishing vessel from which reef fish on the 
car or truck have been received. The vehicle operator must provide such 
record for inspection upon the request of an authorized officer.
    (4) Gulf shrimp. A person who purchases shrimp from a vessel, or 
person, that fishes for shrimp in the Gulf EEZ or in adjoining state 
waters, or that lands shrimp in an adjoining state, must provide the 
following information when requested by the SRD:
    (i) Name and official number of the vessel from which shrimp were 
received or the name of the person from whom shrimp were received, if 
received from other than a vessel.
    (ii) Amount of shrimp received by species and size category for each 
receipt.
    (iii) Exvessel value, by species and size category, for each 
receipt.
    (5) South Atlantic snapper-grouper. (i) A person who purchases South 
Atlantic snapper-grouper that were harvested from the EEZ or from 
adjoining state waters and who is selected to report by the SRD and a 
dealer who has been issued a dealer permit for wreckfish, as required 
under Sec. 622.4(a)(4), must provide information on receipts of South 
Atlantic snapper-grouper and prices paid, by species, on forms available 
from the SRD. The required information must be submitted to the SRD at 
monthly intervals, postmarked not later than 5 days after the end of the 
month. Reporting frequency and reporting deadlines may be modified upon 
notification by the SRD. If no South Atlantic snapper-grouper were 
received during a calendar month, a report so stating must be submitted 
on one of the forms, postmarked not later than 5 days after the end of 
the month. However, during complete months encompassed by the wreckfish 
spawning-season closure (that is, February and March), a wreckfish 
dealer is not required to submit a report stating that no wreckfish were 
received.
    (ii) A dealer reporting South Atlantic snapper-grouper other than 
wreckfish may submit the information required in paragraph (c)(5)(i) of 
this section via facsimile (fax).
    (iii) A dealer who has been issued a dealer permit for wreckfish, as 
required under Sec. 622.4(a)(4), must make available to an authorized 
officer upon request all records of offloadings, purchases, or sales of 
wreckfish.
    (6) South Atlantic golden crab. A dealer who receives from a fishing 
vessel golden crab harvested from the South Atlantic EEZ and who is 
selected by the SRD must provide information on receipts of, and prices 
paid for, South Atlantic golden crab to the SRD at monthly intervals, 
postmarked not later than 5 days after the end of each month. Reporting 
frequency and reporting deadlines may be modified upon notification by 
the SRD.
    (7) South Atlantic rock shrimp. (i) A dealer who has been issued a 
permit for rock shrimp, as required under Sec. 622.4(a)(4), and who is 
selected by the SRD must provide information on receipts of rock shrimp 
and prices paid on forms available from the SRD. The required 
information must be submitted to the SRD at monthly intervals postmarked 
not later than 5 days after the end of each month. Reporting frequencies 
and reporting deadlines may be modified upon notification by the SRD.
    (ii) On demand, a dealer who has been issued a dealer permit for 
rock shrimp, as required under Sec. 622.4(a)(4), must make available to 
an authorized officer all records of offloadings, purchases, or sales of 
rock shrimp.
    (d) Individuals with coral or live rock permits. (1) An individual 
with a Federal allowable octocoral permit must submit a report of 
harvest to the SRD. Specific reporting requirements will be provided 
with the permit.
    (2) A person with a Federal aquacultured live rock permit must 
report to the RD each deposition of material on a site. Such reports 
must be postmarked not later than 7 days after

[[Page 115]]

deposition and must contain the following information:
    (i) Permit number of site and date of deposit.
    (ii) Geological origin of material deposited.
    (iii) Amount of material deposited.
    (iv) Source of material deposited, that is, where obtained, if 
removed from another habitat, or from whom purchased.
    (3) A person who takes aquacultured live rock must submit a report 
of harvest to the RD. Specific reporting requirements will be provided 
with the permit. This reporting requirement is waived for aquacultured 
live rock that is landed in Florida.
    (e) Additional data and inspection. Additional data will be 
collected by authorized statistical reporting agents and by authorized 
officers. A person who fishes for or possesses species in or from the 
EEZ governed in this part is required to make the applicable fish or 
parts thereof available for inspection by the SRD or an authorized 
officer upon request.
    (f) Commercial vessel, charter vessel, and headboat inventory. The 
owner or operator of a commercial vessel, charter vessel, or headboat 
operating in a fishery governed in this part who is not selected to 
report by the SRD under paragraph (a) or (b) of this section must 
provide the following information when interviewed by the SRD:
    (1) Name and official number of vessel and permit number, if 
applicable.
    (2) Length and tonnage.
    (3) Current home port.
    (4) Fishing areas.
    (5) Ports where fish were offloaded during the last year.
    (6) Type and quantity of gear.
    (7) Number of full- and part-time fishermen or crew members.

[61 FR 34940, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 
FR 47448, Sept. 9, 1996; 63 FR 10567, Mar. 4, 1998]



Sec. 622.6  Vessel and gear identification.

    (a) Vessel identification--(1) Applicability--(i) Official number. A 
vessel for which a permit has been issued under Sec. 622.4 or 
Sec. 622.17, and a vessel that fishes for or possesses shrimp in the 
Gulf EEZ, must display its official number--
    (A) On the port and starboard sides of the deckhouse or hull and, 
for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so 
as to be clearly visible from an enforcement vessel or aircraft.
    (B) In block arabic numerals permanently affixed to or painted on 
the vessel in contrasting color to the background.
    (C) At least 18 inches (45.7 cm) in height for vessels over 65 ft 
(19.8 m) long; at least 10 inches (25.4 cm) in height for vessels over 
25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in height for vessels 
25 ft (7.6 m) long or less.
    (ii) Official number and color code. The following vessels must 
display their official number as specified in paragraph (a)(1)(i) of 
this section and, in addition, must display their assigned color code: A 
vessel for which a fish trap endorsement has been issued, as required 
under Sec. 622.4(a)(2)(i); a vessel for which a permit has been issued 
to fish with a sea bass pot, as required under Sec. 622.4(a)(2)(vi); a 
vessel in the commercial Caribbean reef fish fishery fishing with traps; 
and a vessel in the Caribbean spiny lobster fishery. Color codes 
required for the Caribbean reef fish fishery and Caribbean spiny lobster 
fishery are assigned by Puerto Rico or the U.S. Virgin Islands, 
whichever is applicable; color codes required in all other fisheries are 
assigned by the RD. The color code must be displayed--
    (A) On the port and starboard sides of the deckhouse or hull and, 
for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so 
as to be clearly visible from an enforcement vessel or aircraft.
    (B) In the form of a circle permanently affixed to or painted on the 
vessel.
    (C) At least 18 inches (45.7 cm) in diameter for vessels over 65 ft 
(19.8 m) long; at least 10 inches (25.4 cm) in diameter for vessels over 
25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in diameter for 
vessels 25 ft (7.6 m) long or less.
    (2) Duties of operator. The operator of a vessel specified in 
paragraph (a)(1) of this section must keep the official number and the 
color code, if applicable, clearly legible and in good repair

[[Page 116]]

and must ensure that no part of the fishing vessel, its rigging, fishing 
gear, or any other material on board obstructs the view of the official 
number or the color code, if applicable, from an enforcement vessel or 
aircraft.
    (b) Gear identification--(1) Traps/pots and associated buoys--(i) 
Traps or pots--(A) Caribbean EEZ. A fish trap or spiny lobster trap used 
or possessed in the Caribbean EEZ must display the official number 
specified for the vessel by Puerto Rico or the U.S. Virgin Islands so as 
to be easily identified.
    (B) Gulf and South Atlantic EEZ. A fish trap used or possessed in 
the Gulf EEZ and a sea bass pot used or possessed in the South Atlantic 
EEZ between 35 deg.15.3' N. lat. (due east of Cape Hatteras Light, NC) 
and 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly 
Building, Cape Canaveral, FL), or a fish trap or sea bass pot on board a 
vessel with a commercial permit for Gulf reef fish or South Atlantic 
snapper-grouper, must have a valid identification tag issued by the RD 
attached. A golden crab trap used or possessed in the South Atlantic EEZ 
or on board a vessel with a commercial permit for golden crab must have 
the commercial vessel permit number permanently affixed so as to be 
easily distinguished, located, and identified; an identification tag 
issued by the RD may be used for this purpose but is not required.
    (ii) Associated buoys. A buoy that is attached to a trap or pot must 
display the official number and assigned color code so as to be easily 
distinguished, located, and identified as follows:
    (A) Caribbean EEZ. Each buoy must display the official number and 
color code assigned to the vessel by Puerto Rico or the U.S. Virgin 
Islands, whichever is applicable.
    (B) Gulf and South Atlantic EEZ. Each buoy must display the official 
number and color code assigned by the RD. In the Gulf EEZ, a buoy must 
be attached to each trap, or each end trap if traps are connected by a 
line. In the South Atlantic EEZ, buoys are not required to be used, but, 
if used, each buoy must display the official number and color code. 
However, no color code is required on a buoy attached to a golden crab 
trap.
    (iii) Presumption of ownership. A Caribbean spiny lobster trap, a 
fish trap, a golden crab trap, or a sea bass pot in the EEZ will be 
presumed to be the property of the most recently documented owner. This 
presumption will not apply with respect to such traps and pots that are 
lost or sold if the owner reports the loss or sale within 15 days to the 
RD.
    (iv) Unmarked traps, pots, or buoys. An unmarked Caribbean spiny 
lobster trap, a fish trap, a golden crab trap, a sea bass pot, or a buoy 
deployed in the EEZ where such trap, pot, or buoy is required to be 
marked is illegal and may be disposed of in any appropriate manner by 
the Assistant Administrator or an authorized officer.
    (2) Gillnet buoys. On board a vessel with a valid Spanish mackerel 
permit that is fishing for Spanish mackerel in, or that possesses 
Spanish mackerel in or from, the South Atlantic EEZ off Florida north of 
25 deg.20.4' N. lat., which is a line directly east from the Dade/Monroe 
County, FL, boundary, the float line of each gillnet possessed, 
including any net in use, must have a maximum of nine distinctive 
floats, i.e., different from the usual net buoys, spaced uniformly at a 
distance of 100 yd (91.4 m) or less. Each such distinctive float must 
display the official number of the vessel.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43957, Aug. 27, 1996; 63 
FR 10567, Mar. 4, 1998]



Sec. 622.7  Prohibitions.

    In addition to the general prohibitions in Sec. 600.725 of this 
chapter, it is unlawful for any person to do any of the following:
    (a) Engage in an activity for which a valid Federal permit, license, 
or endorsement is required under Sec. 622.4 or Sec. 622.17 without such 
permit, license, or endorsement.
    (b) Falsify information on an application for a permit, license, or 
endorsement or submitted in support of such application, as specified in 
Sec. 622.4(b), (g), (p), or (q), or in Sec. 622.17, or in Sec. 622.18.
    (c) Fail to display a permit, license, or endorsement, as specified 
in Sec. 622.4(i) or Sec. 622.17(g).

[[Page 117]]

    (d) Falsify or fail to maintain, submit, or provide information 
required to be maintained, submitted, or provided, as specified in 
Sec. 622.5 (a) through (f).
    (e) Fail to make a fish, or parts thereof, available for inspection, 
as specified in Sec. 622.5(e).
    (f) Falsify or fail to display and maintain vessel and gear 
identification, as specified in Sec. 622.6 (a) and (b).
    (g) Fail to comply with any requirement or restriction regarding ITQ 
coupons, as specified in Sec. 622.15(c)(3), (c)(5), (c)(6), or (c)(7).
    (h) Possess wreckfish as specified in Sec. 622.15(c)(4), receive 
wreckfish except as specified in Sec. 622.15(c)(7), or offload a 
wreckfish except as specified in Sec. 622.15 (d)(3) and (d)(4).
    (i) Transfer--
    (1) A wreckfish, as specified in Sec. 622.15(d)(1);
    (2) A limited-harvest species, as specified in Sec. 622.32(c) 
introductory text;
    (3) A species/species group subject to a bag limit, as specified 
Sec. 622.39(a)(1);
    (4) South Atlantic snapper-grouper from a vessel with unauthorized 
gear on board, as specified in Sec. 622.41(d)(2)(iii); or
    (5) A species subject to a commercial trip limit, as specified in 
Sec. 622.44.
    (j) Use or possess prohibited gear or methods or possess fish in 
association with possession or use of prohibited gear, as specified in 
Sec. 622.31.
    (k) Fish for, harvest, or possess a prohibited species, or a 
limited-harvest species in excess of its limitation, sell or purchase 
such species, fail to comply with release requirements, or molest or 
strip eggs from a Caribbean spiny lobster, as specified in Sec. 622.32.
    (l) Fish in violation of the prohibitions, restrictions, and 
requirements applicable to seasonal and/or area closures, including but 
not limited to: Prohibition of all fishing, gear restrictions, 
restrictions on take or retention of fish, fish release requirements, 
and restrictions on use of an anchor or grapple, as specified in 
Sec. 622.33, Sec. 622.34, or Sec. 622.35, or as may be specified under 
Sec. 622.46 (b) or (c).
    (m) Harvest, possess, offload, sell, or purchase fish in excess of 
the seasonal harvest limitations, as specified in Sec. 622.36.
    (n) Except as allowed under Sec. 622.37(c) (2) and (3) for king and 
Spanish mackerel, possess undersized fish, fail to release undersized 
fish, or sell or purchase undersized fish, as specified in Sec. 622.37.
    (o) Fail to maintain a fish intact through offloading ashore, as 
specified in Sec. 622.38.
    (p) Exceed a bag or possession limit, as specified in Sec. 622.39.
    (q) Fail to comply with the limitations on traps and pots, including 
but not limited to: Tending requirements, constructions requirements, 
and area specific restrictions, as specified in Sec. 622.40.
    (r) Fail to comply with the species-specific limitations, as 
specified in Sec. 622.41.
    (s) Fail to comply with the restrictions that apply after closure of 
a fishery, as specified in Sec. 622.43.
    (t) Possess on board a vessel or land, purchase, or sell fish in 
excess of the commercial trip limits, as specified in Sec. 622.44.
    (u) Fail to comply with the restrictions on sale/purchase, as 
specified in Sec. 622.45.
    (v) Interfere with fishing or obstruct or damage fishing gear or the 
fishing vessel of another, as specified in Sec. 622.46(a).
    (w) Fail to comply with the requirements for observer coverage as 
specified in Sec. 622.10.
    (x) Assault, resist, oppose, impede, intimidate, or interfere with a 
NMFS-approved observer aboard a vessel.
    (y) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer from conducting his or her 
duties aboard a vessel.
    (z) Fish for or possess golden crab in or from a designated fishing 
zone of the South Atlantic EEZ other than the zone for which the vessel 
is permitted, as specified in Sec. 622.17(h).

[61 FR 34934, July 3, 1996, as amended at 61 FR 43957, Aug. 27, 1996; 61 
FR 48415, Sept. 13, 1996; 62 FR 67722, Dec. 30, 1997; 63 FR 38301, July 
16, 1998]

    Effective Date Note: At 63 FR 27488, May 19, 1998, Sec. 622.7 was 
amended by adding paragraph (aa), effective May 14, 1998, through Nov. 
11, 1998.

[[Page 118]]



Sec. 622.7  Prohibitions.

                                * * * * *

    (aa) Fail to comply with the Gulf shrimp interim measures specified 
in Sec. 622.9.



Sec. 622.8  At-sea observer coverage.

    (a) If a vessel's trip is selected by the SRD for observer coverage, 
the owner or operator of a vessel for which a commercial permit for 
golden crab has been issued, as required under Sec. 622.17(a), must 
carry a NMFS-approved observer.
    (b) When notified in writing by the SRD that his or her vessel has 
been selected to carry an NMFS-approved observer, an owner or operator 
must advise the SRD in writing not less than 5 days in advance of each 
trip of the following:
    (1) Departure information (port, dock, date, and time).
    (2) Expected landing information (port, dock, and date).
    (c) An owner or operator of a vessel on which a NMFS approved 
observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties.
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store golden crab.
    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of golden crab for that trip.

[61 FR 43957, Aug. 27, 1996]

    Effective Date Note: At 63 FR 27488, May 19, 1998, Sec. 622.9 was 
added, effective May 14, 1998, through Nov. 11, 1998. For the 
convenience of the user, the added text follows:



Sec. 622.9  Gulf shrimp interim measures.

    (a) Vessel logbooks. In addition to the requirements of 
Sec. 622.5(a)(1)(iii), the owner or operator of a vessel that fishes for 
shrimp in the Gulf EEZ who is selected to report by the SRD must 
maintain fishing records on forms available from the SRD. The owner or 
operator must submit completed fishing records to the SRD postmarked not 
later than 7 days after the end of each fishing trip. If no fishing 
occurred during a calendar month, the owner or operator must submit a 
report so stating on one of the forms postmarked not later than 7 days 
after the end of that month. Information to be reported is indicated on 
the form and its accompanying instructions.
    (b) Observer coverage. (1) If a vessel is selected by the SRD for 
observer coverage, the owner or operator of the vessel that fishes for 
shrimp in the Gulf EEZ must carry a NMFS-approved observer aboard the 
vessel.
    (2) When notified in writing by the SRD that his or her vessel has 
been selected to carry a NMFS-approved observer, the owner or operator 
must advise the SRD in writing not less than 5 days in advance of each 
trip of the port, dock, date, and time of departure and the port, dock, 
date, and time of landing.
    (3) An owner or operator of a vessel on which a NMFS-approved 
observer is embarked must:
    (i) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (ii) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties.
    (iii) Allow the observer access to and use of the vessel's 
navigation equipment and personnel upon request to determine the 
vessel's position.
    (iv) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store fish.
    (v) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with

[[Page 119]]

the catch and distribution of fish for that trip.
    (vi) On or after May 14, 1998, comply with the observer's 
instructions to make an installed bycatch reduction device (BRD) 
inoperative; use of a trawl net with an inoperative BRD in accordance 
with the observer's instructions while the observer is aboard is not a 
violation of Sec. 622.41(h)(1).
    (c) Vessel monitoring. (1) If a vessel is selected by the SRD for 
monitoring, the owner or operator of the vessel that fishes for shrimp 
in the Gulf EEZ must carry a NMFS-supplied vessel monitoring system 
(VMS) unit on board the vessel.
    (2) Upon selection by the SRD for monitoring, the vessel owner or 
operator must advise the Special Agent-in-Charge, NMFS, Office of 
Enforcement, Southeast Region, St. Petersburg, FL (SAC) or his designee 
by telephone (813-570-5344) as to when the vessel will next be in port 
so that NMFS may arrange for installation of the VMS unit. During 
installation of the VMS unit, the owner or operator must provide NMFS 
access to the vessel's on-board power supply.
    (3) After the VMS unit is installed, the vessel owner or operator 
must maintain power to the VMS unit when the vessel is at sea. When the 
vessel is in port, the owner or operator must provide access to the VMS 
unit for maintenance, repair, inspection, or removal.
    (4) No person may interfere with, impede, delay, or prevent the 
installation, maintenance, repair, inspection, or removal of a VMS unit 
or interfere with, tamper with, alter, damage, disable, or impede the 
operation of a VMS unit, or attempt any of the same.

[63 FR 27488, May 19, 1998]



                      Subpart B--Effort Limitations



Sec. 622.15  Wreckfish individual transferable quota (ITQ) system.

    The provisions of this section apply to wreckfish in or from the 
South Atlantic EEZ.
    (a) Percentage shares. (1) In accordance with the procedure 
specified in the Fishery Management Plan for the Snapper-Grouper Fishery 
of the South Atlantic Region, percentage shares of the quota for 
wreckfish have been assigned. Each person has been notified by the RD of 
his or her percentage share and shareholder certificate number.
    (2) All or a portion of a person's percentage shares may be 
transferred to another person. Transfer of shares must be reported on a 
form available from the RD. The RD will confirm, in writing, each 
transfer of shares. The effective date of each transfer is the 
confirmation date provided by the RD. The confirmation date will 
normally be not later than 3 working days after receipt of a properly 
completed transfer form. A fee is charged for each transfer of shares. 
The amount of the fee is calculated in accordance with the procedures of 
the NOAA Finance Handbook, available from the RD, for determining the 
administrative costs of each special product or service provided by NOAA 
to non-Federal recipients. The fee may not exceed such costs and is 
specified with each transfer form. The appropriate fee must accompany 
each transfer form.
    (b) Lists of wreckfish shareholders and permitted vessels. Annually, 
on or about March 1, the RD will provide each wreckfish shareholder with 
a list of all wreckfish shareholders and their percentage shares, 
reflecting share transactions on forms received through February 15. 
Annually by April 15, the RD will provide each dealer who holds a dealer 
permit for wreckfish, as required under Sec. 622.4(a)(4), with a list of 
vessels for which wreckfish permits have been issued, as required under 
Sec. 622.4(a)(2)(vii). Annually, by April 15, the RD will provide each 
wreckfish shareholder with a list of dealers who have been issued dealer 
permits for wreckfish. From April 16 through January 14, updated lists 
will be provided when required. Updated lists may be obtained at other 
times or by a person who is not a wreckfish shareholder or wreckfish 
dealer permit holder by written request to the RD.
    (c) ITQs. (1) Annually, as soon after March 1 as the TAC for 
wreckfish for the fishing year that commences April 16 is known, the RD 
will calculate each wreckfish shareholder's ITQ. Each ITQ is the product 
of the wreckfish TAC, in round weight, for the ensuing fishing

[[Page 120]]

year, the factor for converting round weight to eviscerated weight, and 
each wreckfish shareholder's percentage share, reflecting share 
transactions reported on forms received by the RD through February 15. 
Thus, the ITQs will be in terms of eviscerated weight of wreckfish.
    (2) The RD will provide each wreckfish shareholder with ITQ coupons 
in various denominations, the total of which equals his or her ITQ, and 
a copy of the calculations used in determining his or her ITQ. Each 
coupon will be coded to indicate the initial recipient.
    (3) An ITQ coupon may be transferred from one wreckfish shareholder 
to another by completing the sale endorsement thereon (that is, the 
signature and shareholder certificate number of the buyer). An ITQ 
coupon may be possessed only by the shareholder to whom it has been 
issued, or by the shareholder's employee, contractor, or agent, unless 
the ITQ coupon has been transferred to another shareholder. An ITQ 
coupon that has been transferred to another shareholder may be possessed 
only by the shareholder whose signature appears on the coupon as the 
buyer, or by the shareholder's employee, contractor, or agent, and with 
all required sale endorsements properly completed.
    (4) Wreckfish may not be possessed on board a fishing vessel--
    (i) In an amount exceeding the total of the ITQ coupons on board the 
vessel;
    (ii) That does not have on board a commercial vessel permit for 
wreckfish, as required under Sec. 622.4(a)(2)(vii); or
    (iii) That does not have on board logbook forms for that fishing 
trip, as required under Sec. 622.5(a)(1)(iv)(B).
    (5) Prior to termination of a trip, a signature and date signed must 
be affixed in ink to the ``Fisherman'' part of ITQ coupons in 
denominations equal to the eviscerated weight of the wreckfish on board. 
The ``Fisherman'' part of each such coupon must be separated from the 
coupon and submitted with the logbook forms required by 
Sec. 622.5(a)(1)(iv)(B) for that fishing trip.
    (6) The ``Fish House'' part of each such coupon must be given to the 
dealer to whom the wreckfish are transferred in amounts totaling the 
eviscerated weight of the wreckfish transferred to that dealer. A 
wreckfish may be transferred only to a dealer who holds a dealer permit 
for wreckfish, as required under Sec. 622.4(a)(4).
    (7) A dealer may receive a wreckfish only from a vessel for which a 
commercial permit for wreckfish has been issued, as required under 
Sec. 622.4(a)(2)(vii). A dealer must receive the ``Fish House'' part of 
ITQ coupons in amounts totaling the eviscerated weight of the wreckfish 
received; enter the permit number of the vessel from which the wreckfish 
were received, enter the date the wreckfish were received, enter the 
dealer's permit number, and sign each such ``Fish House'' part; and 
submit all such parts with the dealer reports required by 
Sec. 622.5(c)(5)(i).
    (8) An owner or operator of a vessel and a dealer must make 
available to an authorized officer all ITQ coupons in his or her 
possession upon request.
    (d) Wreckfish limitations. (1) A wreckfish taken in the South 
Atlantic EEZ may not be transferred at sea, regardless of where the 
transfer takes place; and a wreckfish may not be transferred in the 
South Atlantic EEZ.
    (2) A wreckfish possessed by a fisherman or dealer shoreward of the 
outer boundary of the South Atlantic EEZ or in a South Atlantic coastal 
state will be presumed to have been harvested from the South Atlantic 
EEZ unless accompanied by documentation that it was harvested from other 
than the South Atlantic EEZ.
    (3) A wreckfish may be offloaded from a fishing vessel only between 
8 a.m. and 5 p.m., local time.
    (4) If a wreckfish is to be offloaded at a location other than a 
fixed facility of a dealer who holds a dealer permit for wreckfish, as 
required under Sec. 622.4(a)(4), the wreckfish shareholder or the vessel 
operator must advise the NMFS, Office of Enforcement, Southeast Region, 
St. Petersburg, FL, by telephone (1-800-853-1964), of the location not 
less than 24 hours prior to offloading.

[[Page 121]]



Sec. 622.16  Red snapper individual transferable quota (ITQ) system.

    The ITQ system established by this section will remain in effect 
through March 31, 2000, during which time NMFS and the GMFMC will 
evaluate the effectiveness of the system. Based on the evaluation, the 
system may be modified, extended, or terminated.
    (a) Percentage shares. (1) Initial percentage shares of the annual 
quota of red snapper are assigned to persons in accordance with the 
procedure specified in Amendment 8 to the Fishery Management Plan for 
the Reef Fish Fishery of the Gulf of Mexico (FMP) and in paragraphs 
(c)(1) through (c)(4) of this section. Each person is notified by the RD 
of his or her initial percentage shares. If additional shares become 
available to NMFS, such as by forfeiture pursuant to subpart F of 15 CFR 
part 904 for rule violations, such shares will be proportionately 
reissued to shareholders based on their shares as of November 1, after 
the additional shares become available. If NMFS is required to issue 
additional shares, such as may be required in the resolution of 
disputes, existing shares will be proportionately reduced. This 
reduction of shares will be based on shares as of November 1 after the 
required addition of shares.
    (2) All or a portion of a person's percentage shares may be 
transferred to another person who is a U.S. citizen or permanent 
resident alien. (See paragraph (c)(5) of this section for restrictions 
on the transfer of shares in the initial months under the ITQ system.) 
Transfer of shares must be reported on a form available from the RD. The 
RD will confirm, in writing, the registration of each transfer. The 
effective date of each transfer is the confirmation date provided by the 
RD. The confirmation of registration date will normally be not later 
than 3 working days after receipt of a properly completed transfer form. 
However, reports of share transfers received by the RD from November 1 
through December 31 will not be recorded or confirmed until after 
January 1. A fee is charged for each transfer of percentage shares. The 
amount of the fee is calculated in accordance with the procedures of the 
NOAA Finance Handbook for determining the administrative costs of each 
special product or service provided by NOAA to non-Federal recipients. 
The fee may not exceed such costs and is specified with each transfer 
form. The appropriate fee must accompany each transfer form.
    (3) On or about January 1 each year, the RD will provide each red 
snapper shareholder with a list of all red snapper shareholders and 
their percentage shares, reflecting share transfers as indicated on 
properly completed transfer forms received through October 31. Updated 
lists may be obtained at other times, and by persons who are not red 
snapper shareholders, by written request to the RD.
    (b) ITQs. (1) Annually, as soon after November 15 as the following 
year's red snapper quota is established, the RD will calculate each red 
snapper shareholder's ITQ in terms of eviscerated weight. Each ITQ is 
the product of the red snapper quota, in round weight, for the ensuing 
fishing year, the factor for converting round weight to eviscerated 
weight, and each red snapper shareholder's percentage share, reflecting 
share transfers reported on forms received by the RD through October 31.
    (2) The RD will provide each red snapper shareholder with ITQ 
coupons in various denominations, the total of which equals his or her 
ITQ, and a copy of the calculations used in determining his or her ITQ. 
Each coupon will be coded to indicate the initial recipient.
    (3) An ITQ coupon may be transferred. If the transfer is by sale, 
the seller must enter the sale price on the coupon.
    (4) Except when the red snapper bag limit applies, red snapper in or 
from the EEZ or on board a vessel that has been issued a commercial 
permit for Gulf reef fish, as required under Sec. 622.4(a)(2)(v), may 
not be possessed in an amount, in eviscerated weight, exceeding the 
total of ITQ coupons on board. (See Sec. 622.39(a) for applicability of 
the bag limit.)
    (5) Prior to termination of a trip, the operator's signature and the 
date signed must be written in ink on the ``Vessel'' part of ITQ coupons 
totaling at least the eviscerated weight of the red snapper on board. An 
owner or operator of a vessel must separate the

[[Page 122]]

``Vessel'' part of each such coupon, enter thereon the permit number of 
the dealer to whom the red snapper are transferred, and submit the 
``Vessel'' parts with the logbook forms for that fishing trip. An owner 
or operator of a vessel must make available to an authorized officer all 
ITQ coupons in his or her possession upon request.
    (6) Red snapper harvested from the EEZ or possessed by a vessel with 
a commercial permit for Gulf reef fish, as required under 
Sec. 622.4(a)(2)(v), may be transferred only to a dealer with a Gulf 
reef fish permit, as required under Sec. 622.4(a)(4). The ``Fish House'' 
part of each ITQ coupon must be given to such dealer, or the agent or 
employee of such dealer, in amounts totaling at least the eviscerated 
weight of the red snapper transferred to that dealer.
    (7) A dealer with a Gulf reef fish permit may receive red snapper 
only from a vessel that has on board a commercial permit for Gulf reef 
fish. A dealer, or the agent or employee of a dealer, must receive the 
``Fish House'' part of ITQ coupons totaling at least the eviscerated 
weight of the red snapper received. Immediately upon receipt of red 
snapper, the dealer, or the agent or employee of the dealer, must enter 
the permit number of the vessel received from and date and sign each 
such ``Fish House'' part. The dealer must submit all such parts as 
required by paragraph (d)(6) of this section. A dealer, agent, or 
employee must make available to an authorized officer all ITQ coupons in 
his or her possession upon request.
    (c) Procedures for implementation--(1) Initial shareholders. The 
following persons are initial shareholders in the red snapper ITQ 
system:
    (i) Either the owner or operator of a vessel with a valid permit on 
August 29, 1995, provided such owner or operator had a landing of red 
snapper during the period 1990 through 1992. If the earned income of an 
operator was used to qualify for the permit that is valid on August 29, 
1995, such operator is the initial shareholder rather than the owner. In 
the case of an owner, the term ``person'' includes a corporation or 
other legal entity; and
    (ii) A historical captain. A historical captain means an operator 
who meets all of the following qualifications:
    (A) From November 6, 1989, through 1993, fished solely under verbal 
or written share agreements with an owner, and such agreements provided 
for the operator to be responsible for hiring the crew, who was paid 
from the share under his or her control.
    (B) Landed from that vessel at least 5,000 lb (2,268 kg) of red 
snapper per year in 2 of the 3 years 1990, 1991, and 1992.
    (C) Derived more than 50 percent of his or her earned income from 
commercial fishing, that is, sale of the catch, in each of the years 
1989 through 1993.
    (D) Landed red snapper prior to November 7, 1989.
    (2) Initial shares. (i) Initial shares are apportioned to initial 
shareholders based on each shareholder's average of the top 2 years' 
landings in 1990, 1991, and 1992. However, no person who is an initial 
shareholder under paragraph (c)(1) of this section will receive an 
initial percentage share that will amount to less than 100 lb (45.36 
kg), round weight, of red snapper (90 lb (41 kg), eviscerated weight).
    (ii) The percentage shares remaining after the minimum shares have 
been calculated under paragraph (c)(2)(i) of this section are 
apportioned based on each remaining shareholder's average of the top 2 
years' landings in 1990, 1991, and 1992. In a case where a landing is 
associated with an owner and a historical captain, such landing is 
apportioned between the owner and historical captain in accordance with 
the share agreement in effect at the time of the landing.
    (iii) The determinations of landings of red snapper during the 
period 1990 through 1992 and historical captain status are made in 
accordance with the data collected under Amendment 9 to the FMP. Those 
data identify each red snapper landing during the period 1990 through 
1992. Each landing is associated with an owner and, when an operator's 
earned income was used to qualify for the vessel permit at the time of 
the landing, with such operator. Where appropriate, a landing is also 
associated with a historical captain. However, a red snapper landings 
record during that period that is associated solely with an owner may be 
retained by that owner or transferred as follows:

[[Page 123]]

    (A) An owner of a vessel with a valid commercial permit for Gulf 
reef fish on August 29, 1995, who transferred a vessel permit to another 
vessel owned by him or her will retain the red snapper landings record 
for the previous vessel.
    (B) An owner of a vessel with a valid commercial permit for Gulf 
reef fish on August 29, 1995, will retain the landings record of a 
permitted vessel if the vessel had a change of ownership to another 
entity without a substantive change in control of the vessel. It will be 
presumed that there was no substantive change in control of a vessel if 
a successor in interest received at least a 50 percent interest in the 
vessel as a result of the change of ownership whether the change of 
ownership was--
    (1) From a closely held corporation to its majority shareholder;
    (2) From an individual who became the majority shareholder of a 
closely held corporation receiving the vessel;
    (3) Between closely held corporations with a common majority 
shareholder; or
    (4) From one to another of the following: Husband, wife, son, 
daughter, brother, sister, mother, or father.
    (C) In other cases of transfer of a permit through change of 
ownership of a vessel, an owner of a vessel with a valid commercial 
permit for Gulf reef fish on August 29, 1995, will receive credit for 
the landings record of the vessel before his or her ownership only if 
there is a legally binding agreement for transfer of the landings 
record.
    (iv) Requests for transfers of landings records must be submitted to 
the RD and must be postmarked not later than December 14, 1995. The RD 
may require documentation supporting such request. After considering 
requests for transfers of landings records, the RD will advise each 
initial shareholder or applicant of his or her tentative allocation of 
shares.
    (3) Notification of status. The RD will advise each owner, operator, 
and historical captain for whom NMFS has a record of a red snapper 
landing during the period 1990 through 1992, including those who 
submitted such record under Amendment 9 to the FMP, of his or her 
tentative status as an initial shareholder and the tentative landings 
record that will be used to calculate his or her initial share.
    (4) Appeals. (i) A special advisory panel, appointed by the GMFMC to 
function as an appeals board, will consider written requests from 
persons who contest their tentative status as an initial shareholder, 
including historical captain status, or tentative landings record. In 
addition to considering written requests, the board may allow personal 
appearances by such persons before the board.
    (ii) The panel is only empowered to consider disputed calculations 
or determinations based on documentation submitted under Amendment 9 to 
the FMP regarding landings of red snapper during the period 1990 through 
1992, including transfers of such landings records, or regarding 
historical captain status. In addition, the panel may consider 
applications and documentation of landings not submitted under Amendment 
9 if, in the board's opinion, there is justification for the late 
application and documentation. The board is not empowered to consider an 
application from a person who believes he or she should be eligible 
because of hardship or other factors.
    (iii) A written request for consideration by the board must be 
submitted to the RD, postmarked not later than December 27, 1995, and 
must contain documentation supporting the allegations that form the 
basis for the request.
    (iv) The board will meet as necessary to consider each request that 
is submitted in a timely manner. Members of the appeals board will 
provide their individual recommendations for each appeal to the GMFMC, 
which will in turn submit its recommendation to the RD. The board and 
the GMFMC will recommend whether the eligibility criteria, specified in 
Amendment 8 to the FMP and paragraphs (c)(1) and (c)(2) of this section, 
were correctly applied in each case, based solely on the available 
record including documentation submitted by the applicant. The GMFMC 
will also base its recommendation on the recommendations of the board. 
The RD will decide the appeal based on the above criteria and the 
available record, including documentation submitted by the applicant and 
the recommendation

[[Page 124]]

of the GMFMC. The RD will notify the appellant of his decision and the 
reason therefor, in writing, normally within 45 days of receiving the 
GMFMC's recommendation. The RD's decision will constitute the final 
administrative action by NMFS on an appeal.
    (v) Upon completion of the appeal process, the RD will issue share 
certificates to initial shareholders.
    (5) Transfers of shares. The following restrictions apply to the 
transfer of shares:
    (i) The transfer of shares is prohibited through September 30, 1996.
    (ii) From October 1, 1996, through September 30, 1997, shares may be 
transferred only to other persons who are initial shareholders and are 
U.S. citizens or permanent resident aliens.
    (d) Exceptions/additions to general measures. Other provisions of 
this part notwithstanding--
    (1) Management of the red snapper ITQ system extends to adjoining 
state waters in the manner stated in paragraphs (d)(2) and (d)(3) of 
this section.
    (2) For a dealer to receive red snapper harvested from state waters 
adjoining the Gulf EEZ by or possessed on board a vessel with a 
commercial permit for Gulf reef fish, the dealer permit for Gulf reef 
fish specified in Sec. 622.4(a)(4) must have been issued to the dealer.
    (3) A copy of the dealer's permit must accompany each vehicle that 
is used to pick up from a fishing vessel red snapper from adjoining 
state waters harvested by or possessed on board a vessel with a 
commercial permit for Gulf reef fish.
    (4) As a condition of a commercial vessel permit for Gulf reef fish, 
without regard to where red snapper are harvested or possessed, a vessel 
with such permit must comply with the red snapper ITQ requirements of 
paragraph (b) of this section; may not transfer or receive red snapper 
at sea; and must maintain red snapper with head and fins intact through 
landing, and the exceptions to that requirement contained in 
Sec. 622.38(d) do not apply to red snapper. Red snapper may be 
eviscerated, gilled, and scaled but must otherwise be maintained in a 
whole condition.
    (5) As a condition of a dealer permit for Gulf reef fish, as 
required under Sec. 622.4(a)(4) or under paragraph (d)(2) of this 
section, without regard to where red snapper are harvested or possessed, 
a permitted dealer must comply with the red snapper ITQ requirements of 
paragraph (b) of this section.
    (6) In any month that a red snapper is received, a dealer must 
submit the report required under Sec. 622.5(c)(3)(ii). The ``Fish 
House'' parts of red snapper individual transferable coupons, received 
during the month in accordance with paragraph (b) of this section, must 
be submitted to the SRD with the report.
    (7) It is unlawful for a person to do any of the following:
    (i) Receive red snapper from a fishing vessel without a dealer 
permit for Gulf reef fish.
    (ii) Fail to carry a copy of the dealer's permit, as specified in 
paragraph (d)(3) of this section.
    (iii) Fail to comply with a condition of a permit, as specified in 
paragraph (d)(4) or (d)(5) of this section.
    (iv) Fail to report red snapper received, as specified in paragraph 
(d)(6) of this section.

    Effective Date Note: At 61 FR 48415, Sept. 13, 1996, Sec. 622.16 was 
stayed indefinitely.



Sec. 622.17  South Atlantic golden crab controlled access.

    (a) Applicability. For a person aboard a vessel to fish for golden 
crab in the South Atlantic EEZ, possess golden crab in or from the South 
Atlantic EEZ, off-load golden crab from the South Atlantic EEZ, or sell 
golden crab in or from the South Atlantic EEZ, a commercial vessel 
permit for golden crab must be issued to the vessel and must be on 
board. It is a rebuttable presumption that a golden crab on board or 
off-loaded from a vessel in the South Atlantic was harvested from the 
South Atlantic EEZ.
    (b) Initial eligibility. A vessel is eligible for an initial 
commercial vessel permit for golden crab if the owner meets the 
documentation requirements described in paragraph (c) of this section 
substantiating his or her landings of golden crab harvested from the 
South Atlantic EEZ in quantities of at least 600 lb (272 kg) by April 7, 
1995, or at least 2,500 lb (1,134 kg) by September 1, 1995. Only the 
owner of a vessel at the time landings occurred may use those landings 
to meet the eligibility

[[Page 125]]

requirements described in this paragraph, except if that owner 
transferred the right to use those landings to a subsequent owner in 
writing as part of the vessel's sales agreement. If evidence of such 
agreement is provided to the RD, the subsequent owner may use those 
landings to meet the eligibility requirements instead of the owner of 
the vessel at the time the landings occurred.
    (c) Documentation of eligibility. The documentation requirements 
described in this paragraph are the only acceptable means for an owner 
to establish a vessel's eligibility for an initial permit. Failure to 
meet the documentation requirements, including submission of data as 
required, will result in failure to qualify for an initial commercial 
vessel permit. Acceptable sources of documentation include: Landings 
documented by the trip ticket systems of Florida or South Carolina as 
described in paragraph (c)(1) of this section and data substantiating 
landings that occurred prior to establishment of the respective trip 
ticket systems or landings that occurred in North Carolina or Georgia as 
described in paragraph (c)(2) of this section.
    (1) Trip ticket data. NMFS has access to records of golden crab 
landings reported under the trip ticket systems in Florida and South 
Carolina. No further documentation or submission of these records is 
required if the applicant was the owner of the harvesting vessel at the 
time of the landings documented by these records. An applicant will be 
given printouts of trip ticket records for landings made when the 
applicant owned the harvesting vessel, and an applicant will have an 
opportunity to submit records of landings he or she believes should have 
been included on such printouts or to clarify allocation of landings 
shown on such printouts. Landings reported under these trip ticket 
systems and received by the respective states prior to December 31, 
1995, with such adjustments/clarifications for landings for which there 
is adequate documentation that they should have been included on the 
printouts, are conclusive as to landings in the respective states during 
the period that landing reports were required or voluntarily submitted 
by a vessel. For such time periods, landings data from other sources 
will not be considered for landings in these states.
    (2) Additional landings data. (i) An owner of a vessel that does not 
meet the criteria for initial eligibility for a commercial vessel permit 
based on landings documented by the trip ticket systems of Florida or 
South Carolina may submit documentation of required landings that either 
occurred prior to the implementation of the respective trip ticket 
systems or occurred in North Carolina or Georgia. Acceptable 
documentation of such landings consists of trip receipts or dealer 
records that definitively show the species known as golden crab; the 
vessel's name, official number, or other reference that clearly 
identifies the vessel; and dates and amounts of South Atlantic golden 
crab landings. In addition, a sworn affidavit may be submitted to 
document landings. A sworn affidavit is a notarized written statement 
wherein the individual signing the affidavit affirms under penalty of 
perjury that the information presented is accurate to the best of his or 
her knowledge, information, and belief.
    (ii) Documentation by a combination of trip receipts and dealer 
records is acceptable, but duplicate records for the same landings will 
not result in additional credit.
    (iii) Additional data submitted under paragraph (c)(2) of this 
section must be attached to a Golden Crab Landings Data form, which is 
available from the RD.
    (3) Verification. Documentation of golden crab landings from the 
South Atlantic EEZ and other information submitted under this section 
are subject to verification by comparison with state, Federal, and other 
records and information. Submission of false documentation or 
information may disqualify a person from initial participation under the 
South Atlantic golden crab controlled access program.
    (d) Application procedure. Permit application forms are available 
from the RD. An application for an initial commercial vessel permit that 
is postmarked or hand-delivered after September 26, 1996, will not be 
accepted.
    (1) An application for a commercial vessel permit must be submitted 
and

[[Page 126]]

signed by the vessel owner (in the case of a corporate-owned vessel, an 
officer or shareholder who meets the requirements of paragraph (b) of 
this section; in the case of a partnership-owned vessel, a general 
partner who meets these requirements).
    (2) An owner must provide the following:
    (i) A copy of the vessel's valid U.S. Coast Guard certificate of 
documentation or, if not documented, a copy of its valid state 
registration certificate.
    (ii) Vessel name and official number.
    (iii) Name, address, telephone number, and other identifying 
information of the vessel owner.
    (iv) Documentation of initial eligibility, as specified in 
paragraphs (b) and (c) of this section.
    (v) The fishing zone in which the vessel will fish, as specified in 
paragraph (h) of this section.
    (vi) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas, as 
specified on the application form.
    (vii) Any other information that may be necessary for the issuance 
or administration of the permit, as specified on the application form.
    (e) Issuance. (1) The RD will mail an initial commercial vessel 
permit to an applicant no later than October 28, 1996, if the 
application is complete and the eligibility requirements specified in 
paragraph (b) of this section are met.
    (2) Upon receipt of an incomplete application that is postmarked or 
hand-delivered on or before September 26, 1996, the RD will notify the 
applicant of the deficiency. If the applicant fails to correct the 
deficiency within 30 days of the date of the RD's notification, the 
application will be considered abandoned.
    (3) The RD will notify an applicant, in writing, no later than 
October 28, 1996, if the RD determines that the applicant fails to meet 
the eligibility requirements specified in paragraph (b) of this section.
    (f) Appeals. (1) An appeal of the RD's decision regarding initial 
permit eligibility may be submitted to an ad hoc appeals committee 
appointed by the SAFMC.
    (2) The appeals committee is empowered only to deliberate whether 
the eligibility criteria specified in paragraph (b) of this section were 
applied correctly to the appellant's application. In making that 
determination, the appeals committee members will consider only disputed 
calculations and determinations based on documentation provided as 
specified in paragraph (c) of this section, including transfers of 
landings records. The appeals committee is not empowered to consider 
whether a person should have been eligible for a commercial vessel 
permit because of hardship or other factors.
    (3) A written request for consideration of an appeal must be 
submitted within 30 days of the date of the RD's notification denying 
permit issuance and must provide written documentation supporting the 
basis for the appeal. Such a request must contain the appellant's 
acknowledgment that the confidentiality provisions of the Magnuson Act 
at 16 U.S.C. 1853(d) and subpart E of part 600 of this chapter are 
waived with respect to any information supplied by the RD to the SAFMC 
and its advisory bodies for purposes of receiving the recommendations of 
the appeals committee members on the appeal. An appellant may also make 
a personal appearance before the appeals committee.
    (4) The appeals committee will meet only once to consider appeals 
submitted within the time period specified in paragraph (f)(3) of this 
section. Members of the appeals committee will provide their individual 
recommendations for each appeal to the RD. Members of the appeals 
committee may comment upon whether the eligibility criteria, specified 
in the FMP and in paragraph (b) of this section, were correctly applied 
in each case, based solely on the available record, including 
documentation submitted by the appellant. The RD will decide the appeal 
based on the initial eligibility criteria in paragraph (b) of this 
section and the available record, including documentation submitted by 
the appellant and the recommendations and comments from members of the 
appeals committee. The RD will notify the appellant of the decision and 
the reason therefore, in

[[Page 127]]

writing, normally within 30 days of receiving the recommendation from 
the appeals committee members. The RD's decision will constitute the 
final administrative action by NMFS on an appeal.
    (g) Display. A commercial vessel permit issued under this section 
must be carried on board the vessel. The operator of a vessel must 
present the permit for inspection upon the request of an authorized 
officer.
    (h) Fishing zones. (1) The South Atlantic EEZ is divided into three 
fishing zones for golden crab. A vessel owner must indicate on the 
initial application for a commercial vessel permit the zone in which the 
vessel will fish. A permitted vessel may fish for golden crab only in 
the zone shown on its permit. A vessel may possess golden crab only in 
that zone, except that other zones may be transited if the vessel 
notifies NMFS, Office of Enforcement, Southeast Region, St. Petersburg, 
FL, by telephone (813-570-5344) in advance and does not fish in an 
unpermitted zone. The designated fishing zones are as follows:
    (i) Northern zone--the South Atlantic EEZ north of 28 deg. N. lat.
    (ii) Middle zone--the South Atlantic EEZ from 25 deg. N. lat. to 
28 deg. N. lat.
    (iii) Southern zone--the South Atlantic EEZ south of 25 deg. N. lat.
    (2) An owner of a permitted vessel may have the zone specified on a 
permit changed only when the change is from the middle or southern zone 
to the northern zone. A request for such change must be submitted to the 
RD with the existing permit.
    (i) Transfer. (1) A valid golden crab permit may be transferred for 
use by another vessel by returning the existing permit(s) to the RD 
along with an application for a permit for the replacement vessel.
    (2) To obtain a commercial vessel permit via transfer, the owner of 
the replacement vessel must submit to the RD a valid permit for a vessel 
with a documented length overall, or permits for vessels with documented 
aggregate lengths overall, of at least 90 percent of the documented 
length overall of the replacement vessel.
    (j) Renewal. (1) In addition to the procedures and requirements of 
Sec. 622.4(h) for commercial vessel permit renewals, for a golden crab 
permit to be renewed, the SRD must have received reports for the 
permitted vessel, as required by Sec. 622.5(a)(1)(v), documenting that 
at least 5,000 lb (2,268 kg) of golden crab were landed from the South 
Atlantic EEZ by the permitted vessel during at least one of the two 12-
month periods immediately prior to the expiration date of the vessel 
permit.
    (2) An existing permit for a vessel meeting the minimum golden crab 
landing requirement specified in paragraph (j)(1) of this section may be 
renewed by following the procedure specified in paragraph (d) of this 
section. However, documentation of the vessel's initial eligibility need 
not be resubmitted.

[61 FR 43957, 43959, Aug. 27, 1996]



Sec. 622.18  South Atlantic snapper-grouper limited access.

    (a) Applicability. Beginning December 14, 1998, the only valid 
commercial vessel permits for South Atlantic snapper-grouper are those 
that have been issued under the limited access criteria in this section. 
A vessel may have either a transferable commercial permit or a trip-
limited commercial permit for South Atlantic snapper-grouper.
    (b) Initial eligibility. A vessel is eligible for an initial limited 
access commercial permit for South Atlantic snapper-grouper if the owner 
owned a vessel with a commercial vessel permit for South Atlantic 
snapper-grouper at any time from February 11, 1996, through February 11, 
1997, and owned a permitted vessel that had at least one landing of 
snapper-grouper from the South Atlantic from January 1, 1993, through 
August 20, 1996, as reported on fishing vessel logbooks received by the 
SRD on or before August 20, 1996. An owner whose permitted vessels had 
landings of snapper-grouper from the South Atlantic of at least 1,000 lb 
(453.6 kg), whole weight, in any one of the years 1993, 1994, or 1995, 
or in 1996 through August 20, as reported on fishing vessel logbooks 
received by the SRD on or before August 20, 1996, is eligible for an 
initial transferable permit. All other qualifying owners are eligible 
for an initial trip-limited permit.

[[Page 128]]

    (c) Determinations of eligibility--(1) Permit history. The sole 
basis for determining whether a vessel had a commercial vessel permit 
for South Atlantic snapper-grouper at any time from February 11, 1996, 
through February 11, 1997, is NMFS' permit records. An owner of a 
currently permitted vessel who believes he/she meets the February 11, 
1996, through February 11, 1997, permit history criterion based on 
ownership of a vessel under a different name, as may have occurred when 
ownership has changed from individual to corporate or vice versa, must 
document his/her continuity of ownership. No more than one owner of a 
currently permitted vessel will be credited with meeting the permit 
history criterion based on a vessel's permit history.
    (2) Landings. (i) Landings of snapper-grouper from the South 
Atlantic during the qualifying period are determined from fishing vessel 
logbooks received by the SRD on or before August 20, 1996. State trip 
ticket data may be considered in support of claimed landings provided 
such trip ticket data were received by the state on or before September 
20, 1996.
    (ii) Only landings when a vessel had a valid commercial permit for 
snapper-grouper and only landings that were harvested, landed, and sold 
in compliance with state and Federal regulations may be used to 
establish eligibility.
    (iii) For the purpose of eligibility for a limited access commercial 
permit for snapper-grouper, the owner of a vessel that had a commercial 
snapper-grouper permit during the qualifying period retains the snapper-
grouper landings record of that vessel during the time of his/her 
ownership unless a sale of the vessel included a written agreement that 
credit for such landings was transferred to the new owner. Such transfer 
of credit must be for the vessel's entire record of landings of snapper-
grouper from the South Atlantic.
    (d) Implementation procedures--(1) Notification of status. On or 
about July 27, 1998, the RD will notify each owner of a vessel that had 
a commercial permit for South Atlantic snapper-grouper at any time from 
February 11, 1996, through February 11, 1997, and each owner of a vessel 
that has a commercial permit for South Atlantic snapper-grouper on July 
16, 1998, of NMFS' initial determination of eligibility for either a 
transferable or a trip-limited, limited access commercial permit for 
South Atlantic snapper-grouper. Each notification will include an 
application for such permit. Addresses for such notifications will be 
based on NMFS' permit records. A vessel owner who believes he/she 
qualifies for a limited access commercial permit for South Atlantic 
snapper-grouper and who does not receive such notification must obtain 
an application from the RD.
    (2) Applications. (i) An owner of a vessel who desires a limited 
access commercial permit for South Atlantic snapper-grouper must submit 
an application for such permit postmarked or hand-delivered not later 
than October 14, 1998. Failure to apply in a timely manner will preclude 
permit issuance even when the vessel owner meets the eligibility 
criteria for such permit.
    (ii) A vessel owner who agrees with NMFS' initial determination of 
eligibility, including type of permit (transferable or trip-limited), 
need provide no documentation of eligibility with his/her application.
    (iii) A vessel owner who disagrees with the initial determination of 
eligibility or type of permit must specify the type of permit applied 
for and provide documentation of eligibility. Documentation and other 
information submitted on or with an application are subject to 
verification by comparison with state, Federal, and other records and 
information. Submission of false documentation or information may 
disqualify an owner from initial participation in the limited access 
commercial South Atlantic snapper-grouper fishery and is a violation of 
the regulations in this part.
    (iv) If an application that is postmarked or hand delivered in a 
timely manner is incomplete, the RD will notify the vessel owner of the 
deficiency. If the owner fails to correct the deficiency within 20 days 
of the date of the RD's notification, the application will be considered 
abandoned.
    (3) Issuance. (i) If a complete application is submitted in a timely 
manner and the eligibility requirements specified in paragraph (b) of 
this section are

[[Page 129]]

met, the RD will issue an initial commercial vessel permit, transferable 
or trip-limited, as appropriate, and mail it to the vessel owner not 
later than December 3, 1998.
    (ii) If the eligibility requirements specified in paragraph (b) of 
this section are not met, the RD will notify the vessel owner, in 
writing, not later than November 13, 1998 of such determination and the 
reasons for it.
    (4) Reconsideration. (i) A vessel owner may request reconsideration 
of the RD's determination regarding initial permit eligibility by 
submitting a written request for reconsideration to the RD. Such request 
must be postmarked or hand delivered within 20 days of the date of the 
RD's notification denying initial permit issuance and must provide 
written documentation supporting permit eligibility.
    (ii) Upon receipt of a request for reconsideration, the RD will 
forward the initial application, the RD's response to that application, 
the request for reconsideration, and pertinent records to an Application 
Oversight Board consisting of state directors (or their designees) from 
each state in the Council's area of jurisdiction. Upon request, a vessel 
owner may make a personal appearance before the Application Oversight 
Board.
    (iii) If reconsideration by the Application Oversight Board is 
requested, such request constitutes the vessel owner's written 
authorization under section 402(b)(1)(F) of the Magnuson-Stevens Act for 
the RD to make available to the Application Oversight Board members such 
confidential catch and other records as are pertinent to the matter 
under reconsideration.
    (iv) The Application Oversight Board may only deliberate whether the 
eligibility criteria specified in paragraph (b) of this section were 
applied correctly in the vessel owner's case, based solely on the 
available record, including documentation submitted by the owner. The 
Application Oversight Board may not consider whether an owner should 
have been eligible for a commercial vessel permit because of hardship or 
other factors. The Application Oversight Board members will provide 
individual recommendations for each application for reconsideration to 
the RD.
    (v) The RD will make a final decision based on the eligibility 
criteria specified in paragraph (b) of this section and the available 
record, including documentation submitted by the vessel owner, and the 
recommendations and comments from members of the Application Oversight 
Board. The RD may not consider whether a vessel owner should have been 
eligible for a commercial vessel permit because of hardship or other 
factors. The RD will notify the owner of the decision and the reason for 
it, in writing, within 15 days of receiving the recommendations from the 
Application Oversight Board members. The RD's decision will constitute 
the final administrative action by NMFS.
    (e) Transfers of permits. A snapper-grouper limited access permit is 
valid only for the vessel and owner named on the permit. To change 
either the vessel or the owner, an application for transfer must be 
submitted to the RD.
    (1) Transferable permits. (i) An owner of a vessel with a 
transferable permit may request that the RD transfer the permit to 
another vessel owned by the same entity.
    (ii) A transferable permit may be transferred upon a change of 
ownership of a permitted vessel with such permit from one to another of 
the following: Husband, wife, son, daughter, brother, sister, mother, or 
father.
    (iii) A transferable permit may be transferred to a vessel whose 
owner had, as of August 20, 1996, a written contract for the purchase of 
a vessel that included a provision transferring to the new owner the 
rights to any limited access permit to which the former owner might 
become entitled under the provisions for initial issue of limited access 
permits. To be considered, any such written contract must be submitted 
to the RD postmarked or hand-delivered on or before December 14, 1998.
    (iv) Except as provided in paragraphs (e)(1)(i), (ii), and (iii) of 
this section, a person desiring to acquire a limited access, 
transferable permit for South Atlantic snapper-grouper must obtain and 
exchange two such permits for one new permit.

[[Page 130]]

    (v) A transfer of a permit that is undertaken under paragraph 
(e)(1)(ii), (e)(1)(iii), or (e)(1)(iv) of this section will constitute a 
transfer of the vessel's entire catch history to the new owner.
    (2) Trip-limited permits. An owner of a vessel with a trip-limited 
permit may request that the RD transfer the permit to another vessel 
owned by the same entity provided the length and gross tonnage of the 
replacement vessel are equal to or less than the length and gross 
tonnage of the replaced vessel.
    (f) Renewal. NMFS will not reissue a commercial vessel permit for 
South Atlantic snapper-grouper if the permit is revoked or if the RD 
does not receive an application for renewal within 60 days of the 
permit's expiration date.

[63 FR 38301, July 16, 1998]



                     Subpart C--Management Measures



Sec. 622.30  Fishing years.

    The fishing year for species or species groups governed in this part 
is January 1 through December 31 except for the following:
    (a) Allowable octocoral-- October 1 through September 30.
    (b) King and Spanish mackerel. The fishing year for the king and 
Spanish mackerel bag limits specified in Sec. 622.39(c)(1) is January 1 
through December 31. The following fishing years apply only for the king 
and Spanish mackerel quotas specified in Sec. 622.42(c):
    (1) Gulf migratory group king mackerel-- July 1 through June 30.
    (2) All other migratory groups of king and Spanish mackerel-- April 
1 through March 31.
    (c) Wreckfish-- April 16 through April 15.



Sec. 622.31  Prohibited gear and methods.

    In addition to the prohibited gear/methods specified in this 
section, see Secs. 622.33, 622.34, and 622.35 for seasonal/area 
prohibited gear/methods and Sec. 622.41 for species specific authorized 
and unauthorized gear/methods.
    (a) Explosives. An explosive (except an explosive in a powerhead) 
may not be used to fish in the Caribbean, Gulf, or South Atlantic EEZ. A 
vessel fishing in the EEZ for a species governed in this part, or a 
vessel for which a permit has been issued under Sec. 622.4 or 
Sec. 622.17, may not have on board any dynamite or similar explosive 
substance.
    (b) Chemicals and plants. A toxic chemical may not be used or 
possessed in a coral area, and a chemical, plant, or plant-derived toxin 
may not be used to harvest a Caribbean coral reef resource in the 
Caribbean EEZ.
    (c) Fish traps. (1) A fish trap may not be used in the South 
Atlantic EEZ.
    (2) A fish trap may not be used or possessed in the Gulf EEZ west of 
85 deg.30' W. long. and, after February 7, 2007, may not be used or 
possessed in the Gulf EEZ.
    (3) A fish trap used other than where authorized in paragraph (c) 
(1) or (2) of this section may be disposed of in any appropriate manner 
by the Assistant Administrator or an authorized officer.
    (d) Longlines for wreckfish. A bottom longline may not be used to 
fish for wreckfish in the South Atlantic EEZ. A person aboard a vessel 
that has a longline on board may not retain a wreckfish in or from the 
South Atlantic EEZ. For the purposes of this paragraph, a vessel is 
considered to have a longline on board when a power-operated longline 
hauler, a cable of diameter suitable for use in the longline fishery 
longer than 1.5 mi (2.4 km) on any reel, and gangions are on board. 
Removal of any one of these three elements constitutes removal of a 
longline.
    (e) Poisons. (1) A poison, drug, or other chemical may not be used 
to fish for Caribbean reef fish in the Caribbean EEZ.
    (2) A poison may not be used to take Gulf reef fish in the Gulf EEZ.
    (3) A poison may not be used to fish for South Atlantic snapper-
grouper in the South Atlantic EEZ.
    (f) Power-assisted tools. A power-assisted tool may not be used in 
the Caribbean EEZ to take a Caribbean coral reef resource or in the Gulf 
or South Atlantic EEZ to take allowable octocoral, prohibited coral, or 
live rock.
    (g) Powerheads. A powerhead may not be used in the Caribbean EEZ to 
harvest Caribbean reef fish or in the EEZ

[[Page 131]]

off South Carolina to harvest South Atlantic snapper-grouper. The 
possession of a mutilated Caribbean reef fish in or from the Caribbean 
EEZ, or a mutilated South Atlantic snapper-grouper in or from the EEZ 
off South Carolina, and a powerhead is prima facie evidence that such 
fish was harvested by a powerhead.
    (h) Rebreathers and spearfishing gear. In the South Atlantic EEZ, a 
person using a rebreather may not harvest South Atlantic snapper-grouper 
with spearfishing gear. The possession of such snapper-grouper while in 
the water with a rebreather is prima facie evidence that such fish was 
harvested with spearfishing gear while using a rebreather.
    (i) Sea bass pots. A sea bass pot may not be used in the South 
Atlantic EEZ south of 28 deg.35.1' N. lat. (due east of the NASA Vehicle 
Assembly Building, Cape Canaveral, FL). A sea bass pot deployed in the 
EEZ south of 28 deg.35.1' N. lat. may be disposed of in any appropriate 
manner by the Assistant Administrator or an authorized officer.
    (j) Spears and hooks. A spear, hook, or similar device may not be 
used in the Caribbean EEZ to harvest a Caribbean spiny lobster. The 
possession of a speared, pierced, or punctured Caribbean spiny lobster 
in or from the Caribbean EEZ is prima facie evidence of violation of 
this section.

[61 FR 34934, July 3, 1996, as amended at 62 FR 13987, Mar. 25, 1997; 63 
FR 10567, Mar. 4, 1998]



Sec. 622.32  Prohibited and limited-harvest species.

    (a) General. The harvest and possession restrictions of this section 
apply without regard to whether the species is harvested by a vessel 
operating under a commercial vessel permit. The operator of a vessel 
that fishes in the EEZ is responsible for the limit applicable to that 
vessel.
    (b) Prohibited species. Prohibited species, by geographical area, 
are as follows:
    (1) Caribbean. (i) Caribbean prohibited coral may not be fished for 
or possessed in or from the Caribbean EEZ. The taking of Caribbean 
prohibited coral in the Caribbean EEZ is not considered unlawful 
possession provided it is returned immediately to the sea in the general 
area of fishing.
    (ii) Foureye, banded, and longsnout butterflyfish; jewfish; Nassau 
grouper; and seahorses may not be harvested or possessed in or from the 
Caribbean EEZ. Such fish caught in the Caribbean EEZ must be released 
immediately with a minimum of harm.
    (iii) Egg-bearing spiny lobster in the Caribbean EEZ must be 
returned to the water unharmed. An egg-bearing spiny lobster may be 
retained in a trap, provided the trap is returned immediately to the 
water. An egg-bearing spiny lobster may not be stripped, scraped, 
shaved, clipped, or in any other manner molested, in order to remove the 
eggs.
    (2) Gulf. (i) Gulf and South Atlantic prohibited coral taken as 
incidental catch in the Gulf EEZ must be returned immediately to the sea 
in the general area of fishing. In fisheries where the entire catch is 
landed unsorted, such as the scallop and groundfish fisheries, unsorted 
prohibited coral may be landed ashore; however, no person may sell or 
purchase such prohibited coral.
    (ii) Jewfish may not be harvested or possessed in or from the Gulf 
EEZ.
    (iii) Red drum and Nassau grouper may not be harvested or possessed 
in or from the Gulf EEZ. Such fish caught in the Gulf EEZ must be 
released immediately with a minimum of harm.
    (3) Mid-Atlantic. Red drum may not be harvested or possessed in or 
from the Mid-Atlantic EEZ south of a line extending in a direction of 
115 deg. from true north commencing at a point at 40 deg.29.6' N. lat., 
73 deg.54.1' W. long., such point being the intersection of the New 
Jersey/New York boundary with the 3- nm line denoting the seaward limit 
of state waters. Red drum caught in such portion of the Mid-Atlantic EEZ 
must be released immediately with a minimum of harm.
    (4) South Atlantic. (i) Gulf and South Atlantic prohibited coral 
taken as incidental catch in the South Atlantic EEZ must be returned 
immediately to the sea in the general area of fishing. In fisheries 
where the entire catch is landed unsorted, such as the scallop and

[[Page 132]]

groundfish fisheries, unsorted prohibited coral may be landed ashore; 
however, no person may sell or purchase such prohibited coral.
    (ii) Jewfish and Nassau grouper may not be harvested or possessed in 
or from the South Atlantic EEZ. Jewfish and Nassau grouper taken in the 
South Atlantic EEZ incidentally by hook-and-line must be released 
immediately by cutting the line without removing the fish from the 
water.
    (iii) Red drum may not be harvested or possessed in or from the 
South Atlantic EEZ. Red drum caught in the South Atlantic EEZ must be 
released immediately with a minimum of harm.
    (iv) Wild live rock may not be harvested or possessed in the South 
Atlantic EEZ.
    (v) It is intended that no female golden crabs in or from the South 
Atlantic EEZ be retained on board a vessel and that any female golden 
crab in or from the South Atlantic EEZ be released in a manner that will 
ensure maximum probability of survival. However, to accommodate 
legitimate incidental catch and retention, the number of female golden 
crabs in or from the South Atlantic EEZ retained on board a vessel may 
not exceed 0.5 percent, by number, of all golden crabs on board. See 
Sec. 622.45(f)(1) regarding the prohibition of sale of female golden 
crabs.
    (vi) South Atlantic snapper-grouper may not be possessed in whole, 
gutted, or filleted form by a person aboard a vessel fishing for or 
possessing golden crab in or from the South Atlantic EEZ or possessing a 
golden crab trap in the South Atlantic. Only the head, fins, and 
backbone (collectively the ``rack'') of South Atlantic snapper-grouper 
may be possessed for use as bait.
    (c) Limited-harvest species. A person who fishes in the EEZ may not 
combine a harvest limitation specified in this paragraph (c) with a 
harvest limitation applicable to state waters. A species subject to a 
harvest limitation specified in this paragraph (c) taken in the EEZ may 
not be transferred at sea, regardless of where such transfer takes 
place, and such species may not be transferred in the EEZ.
    (1) Cobia. No person may possess more than two cobia per day in or 
from the Gulf, Mid-Atlantic, or South Atlantic EEZ, regardless of the 
number of trips or duration of a trip.
    (2) Cubera snapper. No person may harvest more than two cubera 
snapper measuring 30 inches (76.2 cm), TL, or larger, per day in the 
South Atlantic EEZ off Florida and no more than two such cubera snapper 
in or from the South Atlantic EEZ off Florida may be possessed on board 
a vessel at any time.
    (3) Speckled hind and warsaw grouper. The possession of speckled 
hind and warsaw grouper in or from the South Atlantic EEZ is limited to 
one of each per vessel per trip.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 62 
FR 13988, Mar. 25, 1997; 63 FR 10567, Mar. 4, 1998]



Sec. 622.33  Caribbean EEZ seasonal and/or area closures.

    (a) Mutton snapper spawning aggregation area. From March 1 through 
June 30, each year, fishing is prohibited in that part of the following 
area that is in the EEZ. The area is bounded by rhumb lines connecting, 
in order, the points listed:

------------------------------------------------------------------------
              Point                   North lat.          West long.
------------------------------------------------------------------------
A...............................  17 deg.37.8'        64 deg.53.0'
B...............................  17 deg.39.0'        64 deg.53.0'
C...............................  17 deg.39.0'        64 deg.50.5'
D...............................  17 deg.38.1'        64 deg.50.5'
E...............................  17 deg.37.8'        64 deg.52.5'
A...............................  17 deg.37.8'        64 deg.53.0'
------------------------------------------------------------------------

    (b) Red hind spawning aggregation areas. From December 1 through 
February 28, each year, fishing is prohibited in those parts of the 
following areas that are in the EEZ. Each area is bounded by rhumb lines 
connecting, in order, the points listed:
    (1) East of St. Croix.

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  17 deg.50.2'  64 deg.27.9'
B...........................................  17 deg.50.1'  64 deg.26.1'
C...........................................  17 deg.49.2'  64 deg.25.8'
D...........................................  17 deg.48.6'  64 deg.25.8'
E...........................................  17 deg.48.1'  64 deg.26.1'
F...........................................  17 deg.47.5'  64 deg.26.9'
A...........................................  17 deg.50.2'  64 deg.27.9'
------------------------------------------------------------------------

    (2) South of St. Thomas.

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  18 deg.13.2'  65 deg.06.0'
B...........................................  18 deg.13.2'  64 deg.59.0'
C...........................................  18 deg.11.8'  64 deg.59.0'

[[Page 133]]

 
D...........................................  18 deg.10.7'  65 deg.06.0'
A...........................................  18 deg.13.2'  65 deg.06.0'
------------------------------------------------------------------------

    (3) West of Puerto Rico--(i) Bajo de Cico.

------------------------------------------------------------------------
              Point                   North lat.          West long.
------------------------------------------------------------------------
A...............................  18 deg.15.7'        67 deg.26.4'
B...............................  18 deg.15.7'        67 deg.23.2'
C...............................  18 deg.12.7'        67 deg.23.4'
D...............................  18 deg.12.7'        67 deg.26.4'
A...............................  18 deg.15.7'        67 deg.26.4'
------------------------------------------------------------------------

    (ii) Tourmaline Bank.

------------------------------------------------------------------------
              Point                   North lat.          West long.
------------------------------------------------------------------------
A...............................  18 deg.11.2'        67 deg.22.4'
B...............................  18 deg.11.2'        67 deg.19.2'
C...............................  18 deg.08.2'        67 deg.19.2'
D...............................  18 deg.08.2'        67 deg.22.4'
A...............................  18 deg.11.2'        67 deg.22.4'
------------------------------------------------------------------------

    (iii) Abrir La Sierra Bank.

------------------------------------------------------------------------
              Point                   North lat.          West long.
------------------------------------------------------------------------
A...............................  18 deg.06.5'        67 deg.26.9'
B...............................  18 deg.06.5'        67 deg.23.9'
C...............................  18 deg.03.5'        67 deg.23.9'
D...............................  18 deg.03.5'        67 deg.26.9'
A...............................  18 deg.06.5'        67 deg.26.9'
------------------------------------------------------------------------

    (c) Queen conch closure. From July 1 through September 30, each 
year, no person may fish for queen conch in the Caribbean EEZ and no 
person may possess on board a fishing vessel a queen conch in or from 
the Caribbean EEZ.

[61 FR 34934, July 3, 1996, as amended at 61 FR 64486, Dec. 5, 1996; 61 
FR 65483, Dec. 13, 1996]



Sec. 622.34  Gulf EEZ seasonal and/or area closures.

    (a) Alabama SMZ. The Alabama SMZ consists of artificial reefs and 
surrounding areas. In the Alabama SMZ, fishing by a vessel that is 
operating as a charter vessel or headboat, a vessel that does not have a 
commercial permit for Gulf reef fish, as required under 
Sec. 622.4(a)(2), or a vessel with such a permit fishing for Gulf reef 
fish is limited to hook-and-line gear with three or fewer hooks per line 
and spearfishing gear. A person aboard a vessel that uses on any trip 
gear other than hook-and-line gear with three or fewer hooks per line 
and spearfishing gear in the Alabama SMZ is limited on that trip to the 
bag limits for Gulf reef fish specified in Sec. 622.39(b) and, for Gulf 
reef fish for which no bag limit is specified in Sec. 622.39(b), the 
vessel is limited to 5 percent, by weight, of all fish on board or 
landed. The Alabama SMZ is bounded by rhumb lines connecting, in order, 
the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  30 deg.02.5'  88 deg.07.7'
B...........................................  30 deg.02.6'  87 deg.59.3'
C...........................................  29 deg.55.0'  87 deg.55.5'
D...........................................  29 deg.54.5'  88 deg.07.5'
A...........................................  30 deg.02.5'  88 deg.07.7'
------------------------------------------------------------------------

    (b) Florida middle grounds HAPC. Fishing with a bottom longline, 
bottom trawl, dredge, pot, or trap is prohibited year round in the area 
bounded by rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  28 deg.42.5'  84 deg.24.8'
B...........................................  28 deg.42.5'  84 deg.16.3'
C...........................................  28 deg.11.0'  84 deg.00.0'
D...........................................  28 deg.11.0'  84 deg.07.0'
E...........................................  28 deg.26.6'  84 deg.24.8'
A...........................................  28 deg.42.5'  84 deg.24.8'
------------------------------------------------------------------------

    (c) Reef fish longline and buoy gear restricted area. A person 
aboard a vessel that uses, on any trip, longline or buoy gear in the 
longline and buoy gear restricted area is limited on that trip to the 
bag limits for Gulf reef fish specified in Sec. 622.39(b)(1) and, for 
Gulf reef fish for which no bag limit is specified in Sec. 622.39(b)(1), 
the vessel is limited to 5 percent, by weight, of all fish on board or 
landed. The longline and buoy gear restricted area is that part of the 
Gulf EEZ shoreward of rhumb lines connecting, in order, the points 
listed in Table 1, in Appendix B of this part.
    (d) Riley's Hump seasonal closure. From May 1 through June 30, each 
year, fishing is prohibited in the following area bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  24 deg.32.2'  83 deg.08.7'
B...........................................  24 deg.32.2'  83 deg.05.2'
C...........................................  24 deg.28.7'  83 deg.05.2'
D...........................................  24 deg.28.7'  83 deg.08.7'
A...........................................  24 deg.32.2'  83 deg.08.7'
------------------------------------------------------------------------

    (e) Shrimp/stone crab separation zones. Five zones are established 
in the Gulf EEZ and Florida's waters off Citrus

[[Page 134]]

and Hernando Counties for the separation of shrimp trawling and stone 
crab trapping. Although Zone II is entirely within Florida's waters, it 
is included in this paragraph (e) for the convenience of fishermen. 
Restrictions that apply to Zone II and those parts of the other zones 
that are in Florida's waters are contained in Rule 46-38.001, Florida 
Administrative Code. Geographical coordinates of the points referred to 
in this paragraph (e) are as follows:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  28 deg.59'30  82 deg.45'36
                                                         "             "
B...........................................  28 deg.59'30  83 deg.00'10
                                                         "             "
C...........................................  28 deg.26'01  82 deg.59'47
                                                         "             "
D...........................................  28 deg.26'01  82 deg.56'54
                                                         "             "
E...........................................  28 deg.41'39  82 deg.55'25
                                                         "             "
F...........................................  28 deg.41'39  82 deg.56'09
                                                         "             "
G...........................................  28 deg.48'56  82 deg.56'19
                                                         "             "
H...........................................  28 deg.53'51  82 deg.51'19
                                                         "             "
I \1\.......................................  28 deg.54'43  82 deg.44'52
                                                         "             "
J \2\.......................................  28 deg.51'09  82 deg.44'00
                                                         "             "
K...........................................  28 deg.50'59  82 deg.54'16
                                                         "             "
L...........................................  28 deg.41'39  82 deg.53'56
                                                         "             "
M \3\.......................................  28 deg.41'39  82 deg.38'46
                                                         "             "
N...........................................  28 deg.41'39  82 deg.53'12
                                                         "             "
O...........................................  28 deg.30'51  82 deg.55'11
                                                         "             "
P...........................................  28 deg.40'00  82 deg.53'08
                                                         "             "
Q...........................................  28 deg.40'00  82 deg.47'58
                                                         "             "
R...........................................  28 deg.35'14  82 deg.47'47
                                                         "             "
S...........................................  28 deg.30'51  82 deg.52'55
                                                         "             "
T...........................................  28 deg.27'46  82 deg.55'09
                                                         "             "
U...........................................  28 deg.30'51  82 deg.52'09
                                                         "            "
------------------------------------------------------------------------
\1\ Crystal River Entrance Light 1A.
\2\ Long Pt. (southwest tip).
\3\ Shoreline.

    (1) Zone I is enclosed by rhumb lines connecting, in order, points 
A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points A 
and J. It is unlawful to trawl in that part of Zone I that is in the EEZ 
from October 5 through May 20, each year.
    (2) Zone II is enclosed by rhumb lines connecting, in order, points 
J, I, H, K, L, and M, plus the shoreline between points J and M.
    (3) Zone III is enclosed by rhumb lines connecting, in order, points 
P, Q, R, U, S, and P. It is unlawful to trawl in that part of Zone III 
that is in the EEZ from October 5 through May 20, each year.
    (4) Zone IV is enclosed by rhumb lines connecting, in order, points 
E, N, S, O, and E.
    (i) It is unlawful to place a stone crab trap in that part of Zone 
IV that is in the EEZ from October 5 through December 1 and from April 2 
through May 20, each year.
    (ii) It is unlawful to trawl in that part of Zone IV that is in the 
EEZ from December 2 through April 1, each year.
    (5) Zone V is enclosed by rhumb lines connecting, in order, points 
F, G, K, L, and F.
    (i) It is unlawful to place a stone crab trap in that part of Zone V 
that is in the EEZ from October 5 through November 30 and from March 16 
through May 20, each year.
    (ii) It is unlawful to trawl in that part of Zone V that is in the 
EEZ from December 1 through March 15, each year.
    (f) Southwest Florida seasonal trawl closure. From January 1 to 1 
hour after sunset on May 20, each year, trawling, including trawling for 
live bait, is prohibited in that part of the Gulf EEZ shoreward of rhumb 
lines connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
B \1\.......................................  26 deg.16.0'  81 deg.58.5'
C...........................................  26 deg.00.0'  82 deg.04.0'
D...........................................  25 deg.09.0'  81 deg.47.6'
E...........................................  24 deg.54.5'  81 deg.50.5'
M \1\.......................................  24 deg.49.3'  81 deg.46.4'
 
------------------------------------------------------------------------
\1\ On the seaward limit of Florida's waters.

    (g) Reef fish stressed area. The stressed area is that part of the 
Gulf EEZ shoreward of rhumb lines connecting, in order, the points 
listed in Table 2, in Appendix B of this part.
    (1) A powerhead may not be used in the stressed area to take Gulf 
reef fish. Possession of a powerhead and a mutilated Gulf reef fish in 
the stressed area or after having fished in the stressed area 
constitutes prima facie evidence that such reef fish was taken with a 
powerhead in the stressed area. The provisions of this paragraph do not 
apply to the following species: dwarf sand perch, hogfish, queen 
triggerfish, and sand perch.
    (2) A roller trawl may not be used in the stressed area. Roller 
trawl means a trawl net equipped with a series of large, solid rollers 
separated by several smaller spacer rollers on a separate cable or line 
(sweep) connected to the footrope, which makes it possible to fish the 
gear over rough bottom, that is, in areas unsuitable for fishing 
conventional shrimp trawls. Rigid framed trawls adapted for shrimping 
over uneven bottom, in wide use along the

[[Page 135]]

west coast of Florida, and shrimp trawls with hollow plastic rollers for 
fishing on soft bottoms, are not considered roller trawls.
    (3) A fish trap may not be used in the stressed area. A fish trap 
used in the stressed area will be considered unclaimed or abandoned 
property and may be disposed of in any appropriate manner by the 
Assistant Administrator (including an authorized officer).
    (h) Texas closure. (1) From 30 minutes after sunset on May 15 to 30 
minutes after sunset on July 15, trawling, except trawling for royal red 
shrimp beyond the 100-fathom (183-m) depth contour, is prohibited in the 
Gulf EEZ off Texas.
    (2) In accordance with the procedures and restrictions of the 
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico, 
the RD may adjust the closing and/or opening date of the Texas closure 
to provide an earlier, later, shorter, or longer closure, but the 
duration of the closure may not exceed 90 days or be less than 45 days. 
Notification of the adjustment of the closing or opening date will be 
published in the Federal Register.
    (i) Tortugas shrimp sanctuary. (1) The Tortugas shrimp sanctuary is 
closed to trawling. The Tortugas shrimp sanctuary is that part of the 
EEZ off Florida shoreward of rhumb lines connecting, in order, the 
following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
N \1\.......................................  25 deg.52.9'  81 deg.37.9'
F...........................................  24 deg.50.7'  81 deg.51.3'
G \2\.......................................  24 deg.40.1'  82 deg.26.7'
H \3\.......................................  24 deg.34.7'  82 deg.35.2'
P \4\.......................................  24 deg.35.0'  82 deg.08.0'
 
------------------------------------------------------------------------
\1\ Coon Key Light.
\2\ New Ground Rocks Light.
\3\ Rebecca Shoal Light.
\4\ Marquessas Keys.

    (2) The provisions of paragraph (i)(1) of this section 
notwithstanding--
    (i) Effective from April 11 through September 30, each year, that 
part of the Tortugas shrimp sanctuary seaward of rhumb lines connecting 
the following points is open to trawling: From point T at 24 deg.47.8' 
N. lat., 82 deg.01.0' W. long. to point U at 24 deg.43.83' N. lat., 
82 deg.01.0' W. long. (on the line denoting the seaward limit of 
Florida's waters); thence along the seaward limit of Florida's waters, 
as shown on the current edition of NOAA chart 11439, to point V at 
24 deg.42.55' N. lat., 82 deg.15.0' W. long.; thence north to point W at 
24 deg.43.6' N. lat., 82 deg.15.0' W. long.
    (ii) Effective from April 11 through July 31, each year, that part 
of the Tortugas shrimp sanctuary seaward of rhumb lines connecting the 
following points is open to trawling: From point W to point V, both 
points as specified in paragraph (i)(2)(i) of this section, to point G, 
as specified in paragraph (i)(1) of this section.
    (iii) Effective from May 26 through July 31, each year, that part of 
the Tortugas shrimp sanctuary seaward of rhumb lines connecting the 
following points is open to trawling: From point F, as specified in 
paragraph (i)(1) of this section, to point Q at 24 deg.46.7' N. lat., 
81 deg.52.2' W. long. (on the line denoting the seaward limit of 
Florida's waters); thence along the seaward limit of Florida's waters, 
as shown on the current edition of NOAA chart 11439, to point U and 
north to point T, both points as specified in paragraph (i)(2)(i) of 
this section.
    (j) West and East Flower Garden Banks HAPC. Fishing with a bottom 
longline, bottom trawl, dredge, pot, or trap is prohibited year-round in 
the HAPC. The West and East Flower Garden Banks are geographically 
centered at 27 deg.52'14.21" N. lat., 93 deg.48'54.79" W. long. and 
27 deg.55'07.44" N. lat., 93 deg.36'08.49" W. long., respectively. The 
HAPC extends from these centers to the 50-fathom (300-ft) (91.4-m) 
isobath.
    (k) Wild live rock area closures. No person may harvest or possess 
wild live rock in the Gulf EEZ--
    (1) North and west of a line extending in a direction of 235 deg. 
from true north from a point at the mouth of the Suwannee River at 
29 deg.17.25' N. lat., 83 deg.09.9' W. long. (the Levy/Dixie County, FL, 
boundary); or
    (2) South of 25 deg.20.4' N. lat. (due west from the Monroe/Collier 
County, FL, boundary).
    (l) Closures of the commercial fishery for red snapper. The 
commercial fishery for red snapper in or from the Gulf EEZ is closed 
from January 1 to noon on February 1 and thereafter from noon on the 
15th of each month to noon on the first of each succeeding month. All

[[Page 136]]

times are local times. During these closed periods, the possession of 
red snapper in or from the Gulf EEZ and in the Gulf on board a vessel 
for which a commercial permit for Gulf reef fish has been issued, as 
required under Sec. 622.4(a)(2)(v), without regard to where such red 
snapper were harvested, is limited to the bag and possession limits, as 
specified in Sec. 622.39(b)(1)(iii) and (b)(2), respectively, and such 
red snapper are subject to the prohibition on sale or purchase of red 
snapper possessed under the bag limit, as specified in 
Sec. 622.45(c)(1). However, when the recreational quota for red snapper 
has been reached and the bag and possession limit has been reduced to 
zero, such possession during a closed period is zero.

[61 FR 34934, July 3, 1996, as amended at 61 FR 48642, Sept. 16, 1996; 
62 FR 46679, Sept. 4, 1997; 62 FR 47767, Sept. 11, 1997; 62 FR 67722, 
Dec. 30, 1997]

    Effective Date Note: At 63 FR 18146, Apr. 14, 1998, in Sec. 622.34, 
paragraph (l) was suspended and paragraph (m) was added, effective Apr. 
29, 1998, through Oct. 13, 1998. For the convenience of the user, the 
added text follows:



Sec. 622.34  Gulf EEZ seasonal and/or area closures.

                                * * * * *

    (m) Closures of the commercial fishery for red snapper. The 
commercial fishery for red snapper in or from the Gulf EEZ is closed 
from January 1 to noon on February 1 and thereafter from noon on the 
15th of each month to noon on the first of each succeeding month. All 
times are local times. During these closed periods, the possession of 
red snapper in or from the Gulf EEZ and in the Gulf on board a vessel 
for which a commercial permit for Gulf reef fish has been issued, as 
required under Sec. 622.4(a)(2)(v), without regard to where such red 
snapper were harvested, is limited to the bag and possession limits, as 
specified in Sec. 622.39(b)(1)(vi) and (b)(2), respectively, and such 
red snapper are subject to the prohibition on sale or purchase of red 
snapper possessed under the bag limit, as specified in 
Sec. 622.45(c)(1). However, when the recreational quota for red snapper 
has been reached and the bag and possession limit has been reduced to 
zero, such possession during a closed period is zero.



Sec. 622.35  South Atlantic EEZ seasonal and/or area closures.

    (a) Allowable octocoral closed area. No person may harvest or 
possess allowable octocoral in the South Atlantic EEZ north of 
28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly Building, 
Cape Canaveral, FL).
    (b) Longline closed areas. A longline may not be used to fish in the 
EEZ for South Atlantic snapper-grouper south of 27 deg.10' N. lat. (due 
east of the entrance to St. Lucie Inlet, FL); or north of 27 deg.10' N. 
lat. where the charted depth is less than 50 fathoms (91.4 m), as shown 
on the latest edition of the largest scale NOAA chart of the location. A 
person aboard a vessel with a longline on board that fishes on a trip in 
the South Atlantic EEZ south of 27 deg.10' N. lat., or north of 
27 deg.10' N. lat. where the charted depth is less than 50 fathoms (91.4 
m), is limited on that trip to the bag limit for South Atlantic snapper-
grouper for which a bag limit is specified in Sec. 622.39(d)(1), and to 
zero for all other South Atlantic snapper-grouper. For the purpose of 
this paragraph, a vessel is considered to have a longline on board when 
a power-operated longline hauler, a cable or monofilament of diameter 
and length suitable for use in the longline fishery, and gangions are on 
board. Removal of any one of these three elements constitutes removal of 
a longline.
    (c) Oculina Bank HAPC. The Oculina Bank HAPC is bounded on the north 
by 27 deg.53' N. lat., on the south by 27 deg.30' N. lat., on the east 
by 79 deg.56' W. long., and on the west by 80 deg.00' W. long. In the 
Oculina Bank HAPC:
    (1) Fishing with a bottom longline, bottom trawl, dredge, pot, or 
trap is prohibited.
    (2) A fishing vessel may not anchor, use an anchor and chain, or use 
a grapple and chain.
    (3) No fishing for South Atlantic snapper-grouper is allowed, and 
South Atlantic snapper-grouper may not be retained, in or from the HAPC. 
South Atlantic snapper-grouper taken incidentally in the HAPC by hook-
and-line gear must be released immediately by

[[Page 137]]

cutting the line without removing the fish from the water.
    (d) South Atlantic shrimp cold weather closure. (1) Pursuant to the 
procedures and criteria established in the FMP for the Shrimp Fishery of 
the South Atlantic Region, when Florida, Georgia, North Carolina, or 
South Carolina closes all or a portion of its waters of the South 
Atlantic to the harvest of brown, pink, and white shrimp, the Assistant 
Administrator may concurrently close the South Atlantic EEZ adjacent to 
the closed state waters by filing a notification of closure with the 
Office of the Federal Register. Closure of the adjacent EEZ will be 
effective until the ending date of the closure in state waters, but may 
be ended earlier based on the state's request. In the latter case, the 
Assistant Administrator will terminate a closure of the EEZ by filing a 
notification to that effect with the Office of the Federal Register.
    (2) During a closure, as specified in paragraph (d)(1) of this 
section--
    (i) No person may trawl for brown shrimp, pink shrimp, or white 
shrimp in the closed portion of the EEZ (closed area); and no person may 
possess on board a fishing vessel brown shrimp, pink shrimp, or white 
shrimp in or from a closed area, except as authorized in paragraph 
(d)(2)(iii) of this section.
    (ii) No person aboard a vessel trawling in that part of a closed 
area that is within 25 nm of the baseline from which the territorial sea 
is measured may use or have on board a trawl net with a mesh size less 
than 4 inches (10.2 cm), as measured between the centers of opposite 
knots when pulled taut.
    (iii) Brown shrimp, pink shrimp, or white shrimp may be possessed on 
board a fishing vessel in a closed area, provided the vessel is in 
transit and all trawl nets with a mesh size less than 4 inches (10.2 
cm), as measured between the centers of opposite knots when pulled taut, 
are stowed below deck while transiting the closed area. For the purpose 
of this paragraph, a vessel is in transit when it is on a direct and 
continuous course through a closed area.
    (e) SMZs. (1) The SMZs consist of artificial reefs and surrounding 
areas as follows:
    (i) Paradise Reef is bounded on the north by 33 deg.31.59' N. lat.; 
on the south by 33 deg.30.51' N. lat.; on the east by 78 deg.57.55' W. 
long.; and on the west by 78 deg.58.85' W. long.
    (ii) Ten Mile Reef is bounded on the north by 33 deg.26.65' N. lat.; 
on the south by 33 deg.24.80' N. lat.; on the east by 78 deg.51.08' W. 
long.; and on the west by 78 deg.52.97' W. long.
    (iii) Pawleys Island Reef is bounded on the north by 33 deg.26.58' 
N. lat.; on the south by 33 deg.25.76' N. lat.; on the east by 
79 deg.00.29' W. long.; and on the west by 79 deg.01.24' W. long.
    (iv) Georgetown Reef is bounded on the north by 33 deg.14.90' N. 
lat.; on the south by 33 deg.13.85' N. lat.; on the east by 
78 deg.59.45' W. long.; and on the west by 79 deg.00.65' W. long.
    (v) Capers Reef is bounded on the north by 32 deg.45.45' N. lat.; on 
the south by 32 deg.43.91' N. lat.; on the east by 79 deg.33.81' W. 
long.; and on the west by 79 deg.35.10' W. long.
    (vi) Kiawah Reef is bounded on the north by 32 deg.29.78' N. lat.; 
on the south by 32 deg.28.25' N. lat.; on the east by 79 deg.59.00' W. 
long.; and on the west by 80 deg.00.95' W. long.
    (vii) Edisto Offshore Reef is bounded on the north by 32 deg.15.30' 
N. lat.; on the south by 32 deg.13.90' N. lat.; on the east by 
79 deg.50.25' W. long.; and on the west by 79 deg.51.45' W. long.
    (viii) Hunting Island Reef is bounded on the north by 32 deg.13.72' 
N. lat.; on the south by 32 deg.12.30' N. lat.; on the east by 
80 deg.19.23' W. long.; and on the west by 80 deg.21.00' W. long.
    (ix) Fripp Island Reef is bounded on the north by 32 deg.15.92' N. 
lat.; on the south by 32 deg.14.75' N. lat.; on the east by 
80 deg.21.62' W. long.; and on the west by 80 deg.22.90' W. long.
    (x) Betsy Ross Reef is bounded on the north by 32 deg.03.60' N. 
lat.; on the south by 32 deg.02.88' N. lat.; on the east by 
80 deg.24.57' W. long.; and on the west by 80 deg.25.50' W. long.
    (xi) Hilton Head Reef/Artificial Reef--T is bounded on the north by 
32 deg.00.71' N. lat.; on the south by 31 deg.59.42' N. lat.; on the 
east by 80 deg.35.23' W. long.; and on the west by 80 deg.36.37' W. 
long.
    (xii) Artificial Reef--A is bounded on the north by 30 deg.56.4' N. 
lat.; on the south by 30 deg.55.2' N. lat.; on the east by

[[Page 138]]

81 deg.15.4' W. long.; and on the west by 81 deg.16.5' W. long.
    (xiii) Artificial Reef--C is bounded on the north by 30 deg.51.4' N. 
lat.; on the south by 30 deg.50.1' N. lat.; on the east by 81 deg.09.1' 
W. long.; and on the west by 81 deg.10.4' W. long.
    (xiv) Artificial Reef--G is bounded on the north by 30 deg.59.1' N. 
lat.; on the south by 30 deg.57.8' N. lat.; on the east by 80 deg.57.7' 
W. long.; and on the west by 80 deg.59.2' W. long.
    (xv) Artificial Reef--F is bounded on the north by 31 deg.06.6' N. 
lat.; on the south by 31 deg.05.6' N. lat.; on the east by 81 deg.11.4' 
W. long.; and on the west by 81 deg.13.3' W. long.
    (xvi) Artificial Reef--J is bounded on the north by 31 deg.36.7' N. 
lat.; on the south by 31 deg.35.7' N. lat.; on the east by 80 deg.47.0' 
W. long.; and on the west by 80 deg.48.1' W. long.
    (xvii) Artificial Reef--L is bounded on the north by 31 deg.46.2' N. 
lat.; on the south by 31 deg.45.1' N. lat.; on the east by 80 deg.35.8' 
W. long.; and on the west by 80 deg.37.1' W. long.
    (xviii) Artificial Reef--KC is bounded on the north by 31 deg.51.2' 
N. lat.; on the south by 31 deg.50.3' N. lat.; on the east by 
80 deg.46.0' W. long.; and on the west by 80 deg.47.2' W. long.
    (xix) Ft. Pierce Inshore Reef is bounded on the north by 
27 deg.26.8' N. lat.; on the south by 27 deg.25.8' N. lat.; on the east 
by 80 deg.09.24' W. long.; and on the west by 80 deg.10.36' W. long.
    (xx) Ft. Pierce Offshore Reef is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A...........................................  27 deg.23.68  80 deg.03.95
                                                         '             '
B...........................................  27 deg.22.80  80 deg.03.60
                                                         '             '
C...........................................  27 deg.23.94  80 deg.00.02
                                                         '             '
D...........................................  27 deg.24.85  80 deg.00.33
                                                         '             '
A...........................................  27 deg.23.68  80 deg.03.95
                                                         '             '
------------------------------------------------------------------------

    (xxi) Key Biscayne/Artificial Reef--H is bounded on the north by 
25 deg.42.82' N. lat.; on the south by 25 deg.41.32' N. lat.; on the 
east by 80 deg.04.22' W. long.; and on the west by 80 deg.05.53' W. 
long.
    (xxii) Little River Offshore Reef is bounded on the north by 
33 deg.42.10' N. lat.; on the south by 33 deg.41.10' N. lat.; on the 
east by 78 deg.26.40' W. long.; and on the west by 78 deg.27.10' W. 
long.
    (xxiii) BP-25 Reef is bounded on the north by 33 deg.21.70' N. lat.; 
on the south by 33 deg.20.70' N. lat.; on the east by 78 deg.24.80' W. 
long.; and on the west by 78 deg.25.60' W. long.
    (xxiv) Vermilion Reef is bounded on the north by 32 deg.57.80' N. 
lat.; on the south by 32 deg.57.30' N. lat.; on the east by 
78 deg.39.30' W. long.; and on the west by 78 deg.40.10' W. long.
    (xxv) Cape Romaine Reef is bounded on the north by 33 deg.00.00' N. 
lat.; on the south by 32 deg.59.50' N. lat.; on the east by 
79 deg.02.01' W. long.; and on the west by 79 deg.02.62' W. long.
    (xxvi) Y-73 Reef is bounded on the north by 32 deg.33.20' N. lat.; 
on the south by 32 deg.32.70' N. lat.; on the east by 79 deg.19.10' W. 
long.; and on the west by 79 deg.19.70' W. long.
    (xxvii) Eagles Nest Reef is bounded on the north by 32 deg.01.48' N. 
lat.; on the south by 32 deg.00.98' N. lat.; on the east by 
80 deg.30.00' W. long.; and on the west by 80 deg.30.65' W. long.
    (xxviii) Bill Perry Jr. Reef is bounded on the north by 
33 deg.26.20' N. lat.; on the south by 33 deg.25.20' N. lat.; on the 
east by 78 deg.32.70' W. long.; and on the west by 78 deg.33.80' W. 
long.
    (xxix) Comanche Reef is bounded on the north by 32 deg.27.40' N. 
lat.; on the south by 32 deg.26.90' N. lat.; on the east by 
79 deg.18.80' W. long.; and on the west by 79 deg.19.60' W. long.
    (2) The use of a sea bass pot or a bottom longline is prohibited in 
each of the SMZs. The following additional restrictions apply in the 
indicated SMZs:
    (i) In SMZs specified in paragraphs (e)(1) (i) through (xviii) and 
(e)(1) (xxii) through (xxix) of this section, the use of a gillnet or a 
trawl is prohibited, and fishing may be conducted only with handline, 
rod and reel, and spearfishing gear.
    (ii) In SMZs specified in paragraphs (e)(1) (xix) and (xx) of this 
section, a hydraulic or electric reel that is permanently affixed to the 
vessel is prohibited when fishing for South Atlantic snapper-grouper.
    (iii) In the SMZs specified in paragraphs (e)(1) (xix) and (xxi) of 
this section, the use of spearfishing gear is prohibited.
    (iv) In the SMZs specified in paragraphs (e)(1)(i) through (x) and 
(e)(1) (xxii) through (xxix) of this section, a powerhead may not be 
used to take

[[Page 139]]

South Atlantic snapper-grouper. Possession of a powerhead and a 
mutilated South Atlantic snapper-grouper in one of the specified SMZs, 
or after having fished in one of the SMZs, constitutes prima facie 
evidence that such fish was taken with a powerhead in the SMZ.
    (f) Golden crab trap closed areas. In the golden crab northern zone, 
a golden crab trap may not be deployed in waters less than 900 ft (274 
m) deep. In the golden crab middle and southern zones, a golden crab 
trap may not be deployed in waters less than 700 ft (213 m) deep. See 
Sec. 622.17(h) for specification of the golden crab zones.
    (g) Rock shrimp closed area. No person may trawl for rock shrimp in 
the area east of 80 deg.00' W. long. between 27 deg.30' N. lat. and 
28 deg.30' N. lat. shoreward of the 100-fathom (183-m) contour, as shown 
on the latest edition of NOAA chart 11460; and no person may possess 
rock shrimp in or from this area on board a fishing vessel.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 61 
FR 47449, Sept. 9, 1996; 63 FR 10567, Mar. 4, 1998]



Sec. 622.36  Seasonal harvest limitations.

    (a) During March, April, and May, each year, the possession of 
greater amberjack in or from the Gulf EEZ and in the Gulf on board a 
vessel for which a commercial permit for Gulf reef fish has been issued, 
as required under Sec. 622.4(a)(2)(v), without regard to where such 
greater amberjack were harvested, is limited to the bag and possession 
limits, as specified in Sec. 622.39(b)(1)(i) and (b)(2), respectively, 
and such greater amberjack are subject to the prohibition on sale or 
purchase of greater amberjack possessed under the bag limit, as 
specified in Sec. 622.45(c)(1).
    (b) The following limitations apply in the South Atlantic EEZ:
    (1) Greater amberjack spawning season. During April, each year, 
south of 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly 
Building, Cape Canaveral, FL), the possession of greater amberjack in or 
from the EEZ on board a vessel that has a commercial permit for South 
Atlantic snapper-grouper is limited to three per person during a single 
day, regardless of the number of trips or the duration of a trip.
    (2) Mutton snapper spawning season. During May and June, each year, 
the possession of mutton snapper in or from the EEZ on board a vessel 
that has a commercial permit for South Atlantic snapper-grouper is 
limited to 10 per person during a single day, regardless of the number 
of trips or the duration of a trip.
    (3) Wreckfish spawning-season closure. From January 15 through April 
15, each year, no person may harvest or possess on a fishing vessel 
wreckfish in or from the EEZ; offload wreckfish from the EEZ; or sell or 
purchase wreckfish in or from the EEZ. The prohibition on sale or 
purchase of wreckfish does not apply to trade in wreckfish that were 
harvested, offloaded, and sold or purchased prior to January 15 and were 
held in cold storage by a dealer or processor.

[61 FR 34934, July 3, 1996, as amended at 62 FR 67723, Dec. 30, 1997]



Sec. 622.37  Minimum sizes.

    Except for undersized king and Spanish mackerel allowed in 
paragraphs (c)(2) and (3) of this section, a fish smaller than its 
minimum size, as specified in this section, in or from the Caribbean, 
Gulf, South Atlantic, and/or Mid-Atlantic EEZ, as appropriate, may not 
be possessed, sold, or purchased. An undersized fish must be released 
immediately with a minimum of harm. The operator of a vessel that fishes 
in the EEZ is responsible for ensuring that fish on board are no smaller 
than the minimum size limits specified in this section.
    (a) Caribbean reef fish: Yellowtail snapper--12 inches (30.5 cm), 
TL.
    (b) Caribbean spiny lobster--3.5 inches (8.9 cm), carapace length.
    (c) Coastal migratory pelagic fish. (1) Cobia in the Gulf, Mid-
Atlantic, or South Atlantic--33 inches (83.8 cm), fork length.
    (2) King mackerel in the Gulf, South Atlantic, or Mid-Atlantic--20 
inches (30.5 cm), fork length, except that a vessel fishing under a 
quota for king mackerel specified in Sec. 622.42(c)(1) may possess 
undersized king mackerel in quantities not exceeding 5 percent, by 
weight, of the king mackerel on board.
    (3) Spanish mackerel in the Gulf, South Atlantic, or Mid-Atlantic--
12

[[Page 140]]

inches (30.5 cm), fork length, except that a vessel fishing under a 
quota for Spanish mackerel specified in Sec. 622.42(c)(2) may possess 
undersized Spanish mackerel in quantities not exceeding 5 percent, by 
weight, of the Spanish mackerel on board.
    (d) Gulf reef fish. (1) Black sea bass and lane and vermillion 
snapper--8 inches (20.3 cm), TL.
    (2) Gray, mutton, and yellowtail snappers--12 inches (30.5 cm), TL.
    (3) Red snapper--15 inches (38.1 cm), TL.
    (4) Black, red, and yellowfin groupers and gag--20 inches, (50.8 
cm), TL.
    (5) Greater amberjack--28 inches (71.1 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in 
Sec. 622.39(b)(1)(i) and 36 inches (91.4 cm), fork length, for a fish 
taken by a person not subject to the bag limit.
    (e) South Atlantic snapper-grouper. (1) Black sea bass and lane 
snapper--8 inches (20.3 cm), TL.
    (2) Vermilion snapper--10 inches (25.4 cm), TL, for a fish taken by 
a person subject to the bag limit specified in Sec. 622.39(d)(1)(v) and 
12 inches (30.5 cm), TL, for a fish taken by a person not subject to the 
bag limit.
    (3) Blackfin, cubera, dog, gray, mahogany, queen, silk, and 
yellowtail snappers; schoolmaster; and red porgy--12 inches (30.5 cm), 
TL.
    (4) Gray triggerfish in the South Atlantic EEZ off Florida--12 
inches (30.5 cm), TL.
    (5) Hogfish--12 inches (30.5 cm), fork length.
    (6) Mutton snapper--16 inches (40.6 cm), TL.
    (7) Black, red, yellowfin, and yellowmouth grouper; scamp; gag; and 
red snapper--20 inches (50.8 cm), TL.
    (8) Greater amberjack--28 inches (71.1 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in 
Sec. 622.39(d)(1)(i) and 36 inches (91.4 cm), fork length, or, if the 
head is removed, 28 inches (71.1 cm), measured from the center edge at 
the deheaded end to the fork of the tail, for a fish taken by a person 
not subject to the bag limit. (See Figure 2 in Appendix C of this part 
for deheaded fish length measurement.)
    (f) Gulf shrimp. White shrimp harvested in the EEZ are subject to 
the minimum-size landing and possession limits of Louisiana when 
possessed within the jurisdiction of that State.
    (g) Caribbean queen conch--9 inches (22.9 cm) in length, that is, 
from the tip of the spire to the distal end of the shell, and \3/8\ inch 
(9.5 mm) in lip width at its widest point. A queen conch with a length 
of at least 9 inches (22.9 cm) or a lip width of at least \3/8\ inch 
(9.5 mm) is not undersized.

[61 FR 34934, July 3, 1996, as amended at 61 FR 65483, Dec. 13, 1996; 62 
FR 13988, Mar. 25, 1997; 63 FR 444, Jan. 6, 1998; 63 FR 10567, Mar. 4, 
1998]

    Effective Date Note: At 62 FR 47766, Sept. 11, 1997, Sec. 622.37 was 
amended by revising paragraph (d)(1) and adding paragraph (d)(6), 
effective Sept. 14, 1997 through Mar. 10, 1998. At 63 FR 67715, Dec. 30, 
1997, this amendment was continued indefinitely. For the convenience of 
the user, the revised text is set forth as follows:



Sec. 622.37  Minimum sizes.

                                * * * * *

    (d) Gulf reef fish. (1) Black sea bass and lane snapper--8 inches 
(20.3 cm), TL.

                                * * * * *

    (6) Vermillion snapper--10 inches (25.4 cm), TL.

                                * * * * *



Sec. 622.38  Landing fish intact.

    The operator of a vessel that fishes in the EEZ is responsible for 
ensuring that fish on that vessel in the EEZ are maintained intact and, 
if taken from the EEZ, are maintained intact through offloading ashore, 
as specified in this section.
    (a) The following must be maintained with head and fins intact: 
Cobia, king mackerel, and Spanish mackerel in or from the Gulf, Mid-
Atlantic, or South Atlantic EEZ, except as specified for king mackerel 
in paragraph (h) of this section; South Atlantic snapper-grouper in or 
from the South Atlantic EEZ, except as specified in paragraphs (e) and 
(i) of this section; yellowtail snapper in or from the Caribbean EEZ; 
and finfish in or from the Gulf EEZ, except as specified in paragraphs 
(c) and (d) of

[[Page 141]]

this section. Such fish may be eviscerated, gilled, and scaled, but must 
otherwise be maintained in a whole condition.
    (b) A Caribbean spiny lobster in or from the Caribbean EEZ must be 
maintained with head and carapace intact.
    (c) Shark, swordfish, and tuna species are exempt from the 
requirements of paragraph (a) of this section.
    (d) In the Gulf EEZ:
    (1) Bait is exempt from the requirement to be maintained with head 
and fins intact.
    (i) For the purpose of this paragraph (d)(1), bait means--
    (A) Packaged, headless fish fillets that have the skin attached and 
are frozen or refrigerated;
    (B) Headless fish fillets that have the skin attached and are held 
in brine; or
    (C) Small pieces no larger than 3 in\3\ (7.6 cm\3\) or strips no 
larger than 3 inches by 9 inches (7.6 cm by 22.9 cm) that have the skin 
attached and are frozen, refrigerated, or held in brine.
    (ii) Paragraph (d)(1)(i) of this section notwithstanding, a finfish 
or part thereof possessed in or landed from the Gulf EEZ that is 
subsequently sold or purchased as a finfish species, rather than as 
bait, is not bait.
    (2) Legal-sized finfish possessed for consumption at sea on the 
harvesting vessel are exempt from the requirement to have head and fins 
intact, provided--
    (i) Such finfish do not exceed any applicable bag limit;
    (ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per 
person aboard; and
    (iii) The vessel is equipped to cook such finfish on board.
    (e) In the South Atlantic EEZ, a greater amberjack on or offloaded 
ashore from a vessel that has a permit specified in Sec. 622.4(a)(2)(vi) 
may be deheaded and eviscerated, but must otherwise be maintained in a 
whole condition through offloading ashore.
    (f) A golden crab in or from the South Atlantic EEZ must be 
maintained in whole condition through landing ashore. For the purposes 
of this paragraph, whole means a crab that is in its natural condition 
and that has not been gutted or separated into component pieces, e.g., 
clusters.
    (g) A Caribbean conch resource in or from the Caribbean EEZ must be 
maintained with meat and shell intact.
    (h) A maximum of five cut-off (damaged) king mackerel may be 
possessed in the Gulf, Mid-Atlantic, or South Atlantic EEZ on, and 
offloaded ashore from, a vessel that is operating under a trip limit for 
king mackerel specified in Sec. 622.44(a). Such cut-off (damaged) king 
mackerel are not counted against the trip limit and may not be sold or 
purchased.
    (i) In the South Atlantic EEZ, snapper-grouper lawfully harvested in 
Bahamian waters are exempt from the requirement that they be maintained 
with head and fins intact, provided valid Bahamian fishing and cruising 
permits are on board the vessel and the vessel is in transit through the 
South Atlantic EEZ. For the purpose of this paragraph (i), a vessel is 
in transit through the South Atlantic EEZ when it is on a direct and 
continuous course through the South Atlantic EEZ and no one aboard the 
vessel fishes in the EEZ.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 61 
FR 65483, Dec. 13, 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 38303, July 
16, 1998]



Sec. 622.39  Bag and possession limits.

    (a) Applicability. (1) The bag and possession limits apply for 
species/species groups listed in this section in or from the EEZ. Bag 
limits apply to a person on a daily basis, regardless of the number of 
trips in a day. Possession limits apply to a person on a trip after the 
first 24 hours of that trip. The bag and possession limits apply to a 
person who fishes in the EEZ in any manner, except a person aboard a 
vessel in the EEZ that has on board the commercial vessel permit 
required under Sec. 622.4(a)(2) for the appropriate species/species 
group. However, see Sec. 622.32 for limitations on taking prohibited and 
limited-harvest species. The limitations in Sec. 622.32 apply without 
regard to whether the species is harvested by a vessel operating under a 
commercial vessel permit or by a person subject to the bag limits. The 
possession of a commercial vessel permit notwithstanding, the bag and 
possession limits apply when the vessel is operating as a

[[Page 142]]

charter vessel or headboat. A person who fishes in the EEZ may not 
combine a bag limit specified in this section with a bag or possession 
limit applicable to state waters. A species/species group subject to a 
bag limit specified in this section taken in the EEZ by a person subject 
to the bag limits may not be transferred at sea, regardless of where 
such transfer takes place, and such fish may not be transferred in the 
EEZ.
    (2) Paragraph (a)(1) of this section notwithstanding, bag and 
possession limits also apply for Gulf reef fish in or from the EEZ to a 
person aboard a vessel that has on board a commercial permit for Gulf 
reef fish--
    (i) When trawl gear or entangling net gear is on board. A vessel is 
considered to have trawl gear on board when trawl doors and a net are on 
board. Removal from the vessel of all trawl doors or all nets 
constitutes removal of trawl gear.
    (ii) When a longline or buoy gear is on board and the vessel is 
fishing or has fished on a trip in the reef fish longline and buoy gear 
restricted area specified in Sec. 622.34(c). A vessel is considered to 
have a longline on board when a power-operated longline hauler, a cable 
of diameter and length suitable for use in the longline fishery, and 
gangions are on board. Removal of any one of these three elements, in 
its entirety, constitutes removal of a longline.
    (iii) For a species/species group when its quota has been reached 
and closure has been effected.
    (iv) When the vessel has on board or is tending any trap other than 
a fish trap authorized under Sec. 622.40(a)(2), a stone crab trap, or a 
spiny lobster trap.
    (3) Paragraph (a)(1) of this section notwithstanding, the bag and 
other limits specified in Sec. 622.35(b) apply for South Atlantic 
snapper-grouper in or from the EEZ to a person aboard a vessel for which 
a commercial permit for South Atlantic snapper-grouper has been issued 
that has on board a longline in the longline closed area.
    (b) Gulf reef fish--(1) Bag limits. (i) Greater amberjack--1.
    (ii) Groupers, combined, excluding jewfish and Nassau grouper--5.
    (iii) Red snapper--5.
    (iv) Snappers, combined, excluding red, lane, and vermilion 
snapper--10.
    (v) Gulf reef fish, combined, excluding those specified in 
paragraphs (b)(1) (i) through (iv) of this section and excluding dwarf 
sand perch and sand perch--20.
    (2) Possession limits. A person who is on a trip that spans more 
than 24 hours may possess no more than two daily bag limits, provided 
such trip is on a vessel that is operating as a charter vessel or 
headboat, the vessel has two licensed operators aboard, and each 
passenger is issued and has in possession a receipt issued on behalf of 
the vessel that verifies the length of the trip.
    (c) King and Spanish mackerel--(1) Bag limits. (i) Atlantic 
migratory group king mackerel--
    (A) Mid-Atlantic and South Atlantic, other than off Florida--3.
    (B) Off Florida--2, which is the daily bag limit specified by 
Florida for its waters (Rule 46-12.004(1), Florida Administrative Code). 
If Florida changes its limit, the bag limit specified in this paragraph 
(c)(1)(i)(B) will be changed to conform to Florida's limit, provided 
such limit does not exceed 5.
    (ii) Gulf migratory group king mackerel--2.
    (iii) Atlantic migratory group Spanish mackerel--10.
    (iv) Gulf migratory group Spanish mackerel--
    (A) Off Louisiana, Mississippi, and Alabama--10.
    (B) Off Florida--10, which is the daily bag limit specified by 
Florida for its waters (Rule 46-23.005(1), Florida Administrative Code). 
If Florida changes its limit, the bag limit specified in this paragraph 
(c)(1)(iv)(B) will be changed to conform to Florida's limit, provided 
such limit does not exceed 10.
    (C) Off Texas--7, which is the daily bag limit specified by Texas 
for its waters (Rule 31-65.72(c)(4)(A), Texas Administrative Code). If 
Texas changes its limit, the bag limit specified in this paragraph 
(c)(1)(iv)(C) will be changed to conform to Texas' limit, provided such 
limit does not exceed 10.
    (2) Possession limits. A person who is on a trip that spans more 
than 24 hours may possess no more than two daily bag limits, provided 
such trip is on a

[[Page 143]]

vessel that is operating as a charter vessel or headboat, the vessel has 
two licensed operators aboard, and each passenger is issued and has in 
possession a receipt issued on behalf of the vessel that verifies the 
length of the trip.
    (d) South Atlantic snapper-grouper--(1) Bag limits. (i) Greater 
amberjack--3.
    (ii) Groupers, combined, excluding jewfish and Nassau grouper, and 
tilefishes--5.
    (iii) Hogfish in the South Atlantic off Florida--5.
    (iv) Snappers, combined, excluding cubera snapper measuring 30 
inches (76.2 cm), TL, or larger, in the South Atlantic off Florida, and 
excluding vermilion snapper--10, of which no more than 2 may be red 
snapper. (See Sec. 622.32(c)(2) for limitations on cubera snapper 
measuring 30 inches (76.2 cm), TL, or larger, in or from the South 
Atlantic EEZ off Florida.)
    (v) Vermilion snapper--10.
    (2) Possession limits. Provided each passenger is issued and has in 
possession a receipt issued on behalf of the vessel that verifies the 
duration of the trip--
    (i) A person aboard a charter vessel or headboat on a trip that 
spans more than 24 hours may possess no more than two daily bag limits.
    (ii) A person aboard a headboat on a trip that spans more than 48 
hours and who can document that fishing was conducted on at least 3 days 
may possess no more than three daily bag limits.
    (3) Longline bag limits. Other provisions of this paragraph (d) 
notwithstanding, a person on a trip aboard a vessel for which the bag 
limits apply that has a longline on board is limited on that trip to the 
bag limit for South Atlantic snapper-grouper for which a bag limit is 
specified in paragraph (d)(1) of this section, and to zero for all other 
South Atlantic snapper-grouper. For the purpose of this paragraph 
(d)(3), a vessel is considered to have a longline on board when a power-
operated longline hauler, a cable or monofilament of diameter and length 
suitable for use in the longline fishery, and gangions are on board. 
Removal of any one of these three elements constitutes removal of a 
longline.
    (e) Caribbean queen conch--(1) Applicability. Paragraph (a)(1) of 
this section notwithstanding, the bag limit of paragraph (e)(2) of this 
section does not apply to a fisherman who has a valid commercial fishing 
license issued by Puerto Rico or the U.S. Virgin Islands. See 
Sec. 622.44 for the commercial daily trip limit.
    (2) Bag limit. The bag limit for queen conch in or from the 
Caribbean EEZ is 3 per person or, if more than 4 persons are aboard, 12 
per boat.

[61 FR 34934, July 3, 1996, as amended at 61 FR 65483, Dec. 13, 1996; 61 
FR 65985, Dec. 16, 1996; 62 FR 23674, May 1, 1997; 62 FR 67723, Dec. 30, 
1997; 63 FR 8356, Feb. 19, 1998; 63 FR 38303, July 16, 1998]

    Effective Date Note: At 63 FR 18147, Apr. 14, 1998, in Sec. 622.39, 
paragraph (b)(1)(iii) was suspended and paragraph (b)(1)(vi) was added, 
effective Apr. 29, 1998, through Oct. 13, 1998.



Sec. 622.39  Bag and possession limits.

                                * * * * *

    (b) * * *
    (1) * * *
    (vi) Redsnapper--4.



Sec. 622.40  Limitations on traps and pots.

    (a) Tending--(1) Caribbean EEZ. A fish trap or Caribbean spiny 
lobster trap in the Caribbean EEZ may be pulled or tended only by a 
person (other than an authorized officer) aboard the fish trap or spiny 
lobster trap owner's vessel, or aboard another vessel if such vessel has 
on board written consent of the trap owner, or if the trap owner is 
aboard and has documentation verifying his identification number and 
color code. An owner's written consent must specify the time period such 
consent is effective and the trap owner's gear identification number and 
color code.
    (2) Gulf EEZ. A fish trap in the Gulf EEZ may be pulled or tended 
only by a person (other than an authorized officer) aboard the vessel 
with the fish trap endorsement to fish such trap. If such vessel has a 
breakdown that prevents it from retrieving its traps, the owner or 
operator must immediately notify the nearest NMFS Office of Enforcement 
and must obtain authorization for another vessel to retrieve and land 
its traps. The request for such authorization must include the requested

[[Page 144]]

effective period for the retrieval and landing, the persons and vessel 
to be authorized to retrieve the traps, and the point of landing of the 
traps. Such authorization will be specific as to the effective period, 
authorized persons and vessel, and point of landing. Such authorization 
is valid solely for the removal of fish traps from the EEZ and for 
harvest of fish incidental to such removal.
    (3) South Atlantic EEZ. A sea bass pot or golden crab trap in the 
South Atlantic EEZ may be pulled or tended only by a person (other than 
an authorized officer) aboard the vessel permitted to fish such pot or 
trap or aboard another vessel if such vessel has on board written 
consent of the owner or operator of the vessel so permitted. For golden 
crab only, a vessel with written consent on board must also possess a 
valid commercial vessel permit for golden crab.
    (b) Escape mechanisms--(1) Caribbean EEZ. (i) A fish trap used or 
possessed in the Caribbean EEZ must have a panel located on each of two 
sides of the trap, excluding the top, bottom, and side containing the 
trap entrance. The opening covered by a panel must measure not less than 
8 by 8 inches (20.3 by 20.3 cm). The mesh size of a panel may not be 
smaller than the mesh size of the trap. A panel must be attached to the 
trap with untreated jute twine with a diameter not exceeding \1/8\ inch 
(3.2 mm). An access door may serve as one of the panels, provided it is 
on an appropriate side, it is hinged only at its bottom, its only other 
fastening is untreated jute twine with a diameter not exceeding \1/8\ 
inch (3.2 mm), and such fastening is at the top of the door so that the 
door will fall open when such twine degrades. Jute twine used to secure 
a panel may not be wrapped or overlapped.
    (ii) A spiny lobster trap used or possessed in the Caribbean EEZ 
must contain on any vertical side or on the top a panel no smaller in 
diameter than the throat or entrance of the trap. The panel must be made 
of or attached to the trap by one of the following degradable materials:
    (A) Untreated fiber of biological origin with a diameter not 
exceeding \1/8\ inch (3.2 mm). This includes, but is not limited to tyre 
palm, hemp, jute, cotton, wool, or silk.
    (B) Ungalvanized or uncoated iron wire with a diameter not exceeding 
\1/16\ inch (1.6 mm), that is, 16 gauge wire.
    (2) Gulf EEZ. A fish trap used or possessed in the Gulf EEZ must 
have at least two escape windows on each of two sides, excluding the 
bottom (a total of four escape windows), that are 2 by 2 inches (5.1 by 
5.1 cm) or larger. In addition, a fish trap must have a panel or access 
door located opposite each side of the trap that has a funnel. The 
opening covered by each panel or access door must be 144 in2 
(929 cm2) or larger, with one dimension of the area equal to 
or larger than the largest interior axis of the trap's throat (funnel) 
with no other dimension less than 6 inches (15.2 cm). The hinges and 
fasteners of each panel or access door must be constructed of one of the 
following degradable materials:
    (i) Untreated jute string with a diameter not exceeding \3/16\ inch 
(4.8 mm) that is not wrapped or overlapped.
    (ii) Magnesium alloy, time float releases (pop-up devices) or 
similar magnesium alloy fasteners.
    (3) South Atlantic EEZ. (i) A sea bass pot that is used or possessed 
in the South Atlantic EEZ between 35 deg.15.3' N. lat. (due east of Cape 
Hatteras Light, NC) and 28 deg.35.1' N. lat. (due east of the NASA 
Vehicle Assembly Building, Cape Canaveral, FL) is required to have on at 
least one side, excluding top and bottom, a panel or door with an 
opening equal to or larger than the interior end of the trap's throat 
(funnel). The hinges and fasteners of each panel or door must be made of 
one of the following degradable materials:
    (A) Untreated hemp, jute, or cotton string with a diameter not 
exceeding \3/16\ inch (4.8 mm).
    (B) Magnesium alloy, timed float releases (pop-up devices) or 
similar magnesium alloy fasteners.
    (C) Ungalvanized or uncoated iron wire with a diameter not exceeding 
\1/16\ inch (1.6 mm), that is, 16 gauge wire.
    (ii) A golden crab trap that is used or possessed in the South 
Atlantic EEZ must have at least one escape gap or escape ring on each of 
two opposite vertical sides. The minimum allowable inside dimensions of 
an escape gap are

[[Page 145]]

2.75 by 3.75 inches (7.0 by 9.5 cm); the minimum allowable inside 
diameter of an escape ring is 4.5 inches (11.4 cm). In addition to the 
escape gaps--
    (A) A golden crab trap constructed of webbing must have an opening 
(slit) at least 1 ft (30.5 cm) long that may be closed (relaced) only 
with untreated cotton string no larger than \3/16\ inch (0.48 cm) in 
diameter.
    (B) A golden crab trap constructed of material other than webbing 
must have an escape panel or door measuring at least 12 by 12 inches 
(30.5 by 30.5 cm), located on at least one side, excluding top and 
bottom. The hinges or fasteners of such door or panel must be made of 
either ungalvanized or uncoated iron wire no larger than 19 gauge (0.04 
inch (1.0 mm) in diameter) or untreated cotton string no larger than \3/
16\ inch (4.8 mm) in diameter.
    (c) Construction requirements and mesh sizes--(1) Caribbean EEZ. A 
bare-wire fish trap used or possessed in the EEZ that has hexagonal mesh 
openings must have a minimum mesh size of 1.5 inches (3.8 cm) in the 
smallest dimension measured between centers of opposite strands. A bare-
wire fish trap used or possessed in the EEZ that has other than 
hexagonal mesh openings or a fish trap of other than bare wire, such as 
coated wire or plastic, used or possessed in the EEZ, must have a 
minimum mesh size of 2.0 inches (5.1 cm) in the smallest dimension 
measured between centers of opposite strands.
    (2) Gulf EEZ. A fish trap used or possessed in the Gulf EEZ must 
meet all of the following mesh size requirements (based on centerline 
measurements between opposite wires or netting strands):
    (i) A minimum of 2 in2 (12.9 cm2) opening for 
each mesh.
    (ii) One-inch (2.5-cm) minimum length for the shortest side.
    (iii) Minimum distance of 1 inch (2.5 cm) between parallel sides of 
rectangular openings, and 1.5 inches (3.8 cm) between parallel sides of 
square openings and of mesh openings with more than four sides.
    (iv) One and nine-tenths inches (4.8 cm) minimum distance for 
diagonal measures of mesh.
    (3) South Atlantic EEZ. (i) A sea bass pot used or possessed in the 
South Atlantic EEZ must have mesh sizes as follows (based on centerline 
measurements between opposite, parallel wires or netting strands):
    (A) Hexagonal mesh (chicken wire)--at least 1.5 inches (3.8 cm) 
between the wrapped sides;
    (B) Square mesh--at least 1.5 inches (3.8 cm) between sides; or
    (C) Rectangular mesh--at least 1 inch (2.5 cm) between the longer 
sides and 2 inches (5.1 cm) between the shorter sides.
    (ii) A golden crab trap deployed or possessed in the South Atlantic 
EEZ may not exceed 64 ft3 (1.8 m3) in volume in 
the northern zone or 48 ft3 (1.4 m3) in volume in 
the middle and southern zones. See Sec. 622.17(h) for specification of 
the golden crab zones.
    (d) Area-specific restrictions--(1) Gulf EEZ. In the Gulf EEZ, a 
fish trap may be pulled or tended only from official sunrise to official 
sunset. The operator of a vessel from which a fish trap is deployed in 
the Gulf EEZ must retrieve all the vessel's fish traps and return them 
to port on each trip. A fish trap that is not returned to port on a 
trip, and its attached line and buoy, may be disposed of in any 
appropriate manner by the Assistant Administrator or an authorized 
officer. The owner of such trap and/or the operator of the responsible 
vessel is subject to appropriate civil penalties. A buoy that floats on 
the surface must be attached to each fish trap, or to each end trap of 
traps that are connected by a line, used in the Gulf EEZ. The maximum 
allowable size for a fish trap fished in the Gulf EEZ shoreward of the 
50-fathom (91.4-m) isobath is 33 ft3 (0.9 m3) in 
volume. Fish trap volume is determined by measuring the external 
dimensions of the trap, and includes both the enclosed holding capacity 
of the trap and the volume of the funnel(s) within those dimensions. 
There is no size limitation for fish traps fished seaward of the 50-
fathom (91.4-m) isobath. The maximum number of traps that may be 
assigned to, possessed, or fished in the Gulf EEZ by a vessel is 100.
    (2) South Atlantic EEZ. (i) In the South Atlantic EEZ, sea bass pots 
may not be used or possessed in multiple configurations, that is, two or 
more

[[Page 146]]

pots may not be attached one to another so that their overall dimensions 
exceed those allowed for an individual sea bass pot. This does not 
preclude connecting individual pots to a line, such as a ``trawl'' or 
trot line.
    (ii) Rope is the only material allowed to be used for a mainline or 
buoy line attached to a golden crab trap, except that wire cable is 
allowed for these purposes through January 31, 1998.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 62 
FR 13988, Mar. 25, 1997; 63 FR 10568, Mar. 4, 1998; 63 FR 38303, July 
16, 1998]



Sec. 622.41  Species specific limitations.

    (a) Aquacultured live rock. In the Gulf or South Atlantic EEZ:
    (1) Aquacultured live rock may be harvested only under a permit, as 
required under Sec. 622.4(a)(3)(iii), and aquacultured live rock on a 
site may be harvested only by the person, or his or her employee, 
contractor, or agent, who has been issued the aquacultured live rock 
permit for the site. A person harvesting aquacultured live rock is 
exempt from the prohibition on taking prohibited coral for such 
prohibited coral as attaches to aquacultured live rock.
    (2) The following restrictions apply to individual aquaculture 
activities:
    (i) No aquaculture site may exceed 1 acre (0.4 ha) in size.
    (ii) Material deposited on the aquaculture site--
    (A) May not be placed over naturally occurring reef outcrops, 
limestone ledges, coral reefs, or vegetated areas.
    (B) Must be free of contaminants.
    (C) Must be nontoxic.
    (D) Must be placed on the site by hand or lowered completely to the 
bottom under restraint, that is, not allowed to fall freely.
    (E) Must be placed from a vessel that is anchored.
    (F) In the Gulf EEZ, must be distinguishable, geologically or 
otherwise (for example, be indelibly marked or tagged), from the 
naturally occurring substrate.
    (G) In the South Atlantic EEZ, must be geologically distinguishable 
from the naturally occurring substrate and, in addition, may be 
indelibly marked or tagged.
    (iii) A minimum setback of at least 50 ft (15.2 m) must be 
maintained from natural vegetated or hard bottom habitats.
    (3) Mechanically dredging or drilling, or otherwise disturbing, 
aquacultured live rock is prohibited, and aquacultured live rock may be 
harvested only by hand. In addition, the following activities are 
prohibited in the South Atlantic: Chipping of aquacultured live rock in 
the EEZ, possession of chipped aquacultured live rock in or from the 
EEZ, removal of allowable octocoral or prohibited coral from 
aquacultured live rock in or from the EEZ, and possession of prohibited 
coral not attached to aquacultured live rock or allowable octocoral, 
while aquacultured live rock is in possession. See the definition of 
``Allowable octocoral'' for clarification of the distinction between 
allowable octocoral and live rock. For the purposes of this paragraph 
(a)(3), chipping means breaking up reefs, ledges, or rocks into 
fragments, usually by means of a chisel and hammer.
    (4) Not less than 24 hours prior to harvest of aquacultured live 
rock, the owner or operator of the harvesting vessel must provide the 
following information to the NMFS Law Enforcement Office, Southeast 
Area, St. Petersburg, FL, telephone (813) 570-5344:
    (i) Permit number of site to be harvested and date of harvest.
    (ii) Name and official number of the vessel to be used in 
harvesting.
    (iii) Date, port, and facility at which aquacultured live rock will 
be landed.
    (b) Caribbean reef fish. A marine aquarium fish may be harvested in 
the Caribbean EEZ only by a hand-held dip net or by a hand-held slurp 
gun. For the purposes of this paragraph, a hand-held slurp gun is a 
device that rapidly draws seawater containing fish into a self-contained 
chamber, and a marine aquarium fish is a Caribbean reef fish that is 
smaller than 5.5 inches (14.0 cm), TL.
    (c) Coastal migratory pelagic fish--(1) Authorized gear. Subject to 
the prohibitions on gear/methods specified in Sec. 622.31, the following 
are the only fishing gears that may be used in the Gulf, Mid-Atlantic, 
and South Atlantic EEZ

[[Page 147]]

in directed fisheries for coastal migratory pelagic fish:
    (i) King mackerel, Atlantic migratory group--
    (A) North of 34 deg.37.3' N. lat., the latitude of Cape Lookout 
Light, NC--all gear except drift gillnet and long gillnet.
    (B) South of 34 deg.37.3' N. lat.--automatic reel, bandit gear, 
handline, and rod and reel.
    (ii) King mackerel, Gulf migratory group--hook-and-line gear and 
run-around gillnet.
    (iii) Spanish mackerel, Atlantic migratory group--automatic reel, 
bandit gear, handline, rod and reel, cast net, run-around gillnet, and 
stab net.
    (iv) Spanish mackerel, Gulf migratory group--all gear except drift 
gillnet, long gillnet, and purse seine.
    (v) Cobia in the Mid-Atlantic and South Atlantic EEZ, dolphin in the 
South Atlantic EEZ, and little tunny in the South Atlantic EEZ south of 
34 deg.37.3' N. lat.--automatic reel, bandit gear, handline, rod and 
reel, and pelagic longline.
    (vi) Cero in the South Atlantic EEZ and little tunny in the South 
Atlantic EEZ north of 34 deg.37.3' N. lat.--all gear except drift 
gillnet and long gillnet.
    (vii) Bluefish, cero, cobia, dolphin, and little tunny in the Gulf 
EEZ--all gear except drift gillnet and long gillnet.
    (2) Unauthorized gear. Gear types other than those specified in 
paragraph (c)(1) of this section are unauthorized gear and the following 
possession limitations apply:
    (i) Long gillnets. A vessel with a long gillnet on board in, or that 
has fished on a trip in, the Gulf, Mid-Atlantic, or South Atlantic EEZ 
may not have on board on that trip a coastal migratory pelagic fish.
    (ii) Drift gillnets. A vessel with a drift gillnet on board in, or 
that has fished on a trip in, the Gulf EEZ may not have on board on that 
trip a coastal migratory pelagic fish.
    (iii) Other unauthorized gear. Except as specified in paragraph 
(c)(2)(iv) of this section, a person aboard a vessel with unauthorized 
gear other than a drift gillnet in the Gulf EEZ or a long gillnet on 
board in, or that has fished in, the EEZ where such gear is not 
authorized in paragraph (c)(1) of this section, is subject to the bag 
limit for king and Spanish mackerel specified in Sec. 622.39(c)(1)(ii) 
and to the limit on cobia specified in Sec. 622.32(c)(1).
    (iv) Exception for king mackerel in the Gulf EEZ. The provisions of 
this paragraph (c)(2)(iv) apply to king mackerel taken in the Gulf EEZ 
and to such king mackerel possessed in the Gulf. Paragraph (c)(2)(iii) 
of this section notwithstanding, a person aboard a vessel that has a 
valid commercial permit for king mackerel is not subject to the bag 
limit for king mackerel when the vessel has on board on a trip 
unauthorized gear other than a drift gillnet in the Gulf EEZ or a long 
gillnet. Thus, the following applies to a vessel that has a commercial 
permit for king mackerel:
    (A) Such vessel may use in the Gulf EEZ no unauthorized gear in a 
directed fishery for king mackerel.
    (B) If such a vessel has a drift gillnet or a long gillnet on board, 
no king mackerel may be possessed.
    (C) If such a vessel has unauthorized gear on board other than a 
drift gillnet in the Gulf EEZ or a long gillnet, the possession of king 
mackerel taken incidentally is restricted only by the closure provisions 
of Sec. 622.43(a)(3) and the trip limits specified in Sec. 622.44(a). 
See also paragraph (c)(4) of this section regarding the purse seine 
incidental catch allowance of king mackerel.
    (3) Gillnets--(i) King mackerel. The minimum allowable mesh size for 
a gillnet used to fish in the Gulf, Mid-Atlantic, or South Atlantic EEZ 
for king mackerel is 4.75 inches (12.1 cm), stretched mesh. A vessel in 
such EEZ, or having fished on a trip in such EEZ, with a gillnet on 
board that has a mesh size less than 4.75 (12.1 cm) inches, stretched 
mesh, may not possess on that trip an incidental catch of king mackerel 
that exceeds 10 percent, by number, of the total lawfully possessed 
Spanish mackerel on board.
    (ii) Spanish mackerel. (A) The minimum allowable mesh size for a 
gillnet used to fish in the Gulf, Mid-Atlantic, or South Atlantic EEZ 
for Spanish mackerel is 3.5 inches (8.9 cm), stretched mesh. A vessel in 
such EEZ, or having fished on a trip in such EEZ, with a gillnet on 
board that has a mesh size less than 3.5 inches (8.9 cm),

[[Page 148]]

stretched mesh, may not possess on that trip any Spanish mackerel.
    (B) On board a vessel with a valid Spanish mackerel permit that is 
fishing for Spanish mackerel in, or that possesses Spanish mackerel in 
or from, the South Atlantic EEZ off Florida north of 25 deg.20.4' N. 
lat., which is a line directly east from the Dade/Monroe County, FL, 
boundary--
    (1) No person may fish with, set, place in the water, or have on 
board a gillnet with a float line longer than 800 yd (732 m).
    (2) No person may fish with, set, or place in the water more than 
one gillnet at any one time.
    (3) No more than two gillnets, including any net in use, may be 
possessed at any one time; provided, however, that if two gillnets, 
including any net in use, are possessed at any one time, they must have 
stretched mesh sizes (as allowed under the regulations) that differ by 
at least .25 inch (.64 cm).
    (4) No person may soak a gillnet for more than 1 hour. The soak 
period begins when the first mesh is placed in the water and ends either 
when the first mesh is retrieved back on board the vessel or the 
gathering of the gillnet is begun to facilitate retrieval on board the 
vessel, whichever occurs first; providing that, once the first mesh is 
retrieved or the gathering is begun, the retrieval is continuous until 
the gillnet is completely removed from the water.
    (5) The float line of each gillnet possessed, including any net in 
use, must have the distinctive floats specified in Sec. 622.6(b)(2).
    (4) Purse seine incidental catch allowance. A vessel in the EEZ, or 
having fished in the EEZ, with a purse seine on board will not be 
considered as fishing, or having fished, for king or Spanish mackerel in 
violation of a prohibition of purse seines under paragraph (c)(2) of 
this section, in violation of the possession limits under paragraph 
(c)(2)(iii) of this section, or, in the case of king mackerel from the 
Atlantic migratory group, in violation of a closure effected in 
accordance with Sec. 622.43(a), provided the king mackerel on board does 
not exceed 1 percent, or the Spanish mackerel on board does not exceed 
10 percent, of all fish on board the vessel. Incidental catch will be 
calculated by number and/or weight of fish. Neither calculation may 
exceed the allowable percentage. Incidentally caught king or Spanish 
mackerel are counted toward the quotas provided for under Sec. 622.42(c) 
and are subject to the prohibition of sale under Sec. 622.43(a)(3)(iii).
    (d) South Atlantic snapper-grouper--(1) Authorized gear. Subject to 
the gear restrictions specified in Sec. 622.31, the following are the 
only gear types authorized in a directed fishery for snapper-grouper in 
the South Atlantic EEZ: Bandit gear, bottom longline, buoy gear, 
handline, rod and reel, sea bass pot, and spearfishing gear.
    (2) Unauthorized gear. All gear types other than those specified in 
paragraph (d)(1) of this section are unauthorized gear and the following 
possession and transfer limitations apply.
    (i) A vessel with trawl gear on board that fishes in the EEZ on a 
trip may possess no more than 200 lb (90.7 kg) of South Atlantic 
snapper-grouper, excluding wreckfish, in or from the EEZ on that trip. 
It is a rebuttable presumption that a vessel with more than 200 lb (90.7 
kg) of South Atlantic snapper-grouper, excluding wreckfish, on board 
harvested such fish in the EEZ.
    (ii) Except as specified in paragraphs (d)(3) through (d)(5) of this 
section, a person aboard a vessel with unauthorized gear on board, other 
than trawl gear, that fishes in the EEZ on a trip is limited on that 
trip to:
    (A) South Atlantic snapper-grouper species for which a bag limit is 
specified in Sec. 622.39(d)(1)--the bag limit.
    (B) All other South Atlantic snapper-grouper--zero.
    (iii) South Atlantic snapper-grouper on board a vessel with 
unauthorized gear on board may not be transferred at sea, regardless of 
where such transfer takes place, and such snapper-grouper may not be 
transferred in the EEZ.
    (iv) No vessel may receive at sea any South Atlantic snapper-grouper 
from a vessel with unauthorized gear on board, as specified in paragraph 
(d)(2)(iii) of this section.
    (3) Possession allowance regarding sink nets off North Carolina. A 
vessel that has on board a commercial permit for

[[Page 149]]

South Atlantic snapper-grouper, excluding wreckfish, that fishes in the 
EEZ off North Carolina with a sink net on board, may retain, without 
regard to the limits specified in paragraph (d)(2)(ii) of this section, 
otherwise legal South Atlantic snapper-grouper taken with bandit gear, 
buoy gear, handline, rod and reel, or sea bass pot. For the purpose of 
this paragraph (d)(3), a sink net is a gillnet with stretched mesh 
measurements of 3 to 4.75 inches (7.6 to 12.1 cm) that is attached to 
the vessel when deployed.
    (4) Possession allowance regarding bait nets. A vessel that has on 
board a commercial permit for South Atlantic snapper-grouper, excluding 
wreckfish, that fishes in the South Atlantic EEZ with no more than one 
bait net on board, may retain, without regard to the limits specified in 
paragraph (d)(2)(ii) of this section, otherwise legal South Atlantic 
snapper-grouper taken with bandit gear, buoy gear, handline, rod and 
reel, or sea bass pot. For the purpose of this paragraph (d)(4), a bait 
net is a gillnet not exceeding 50 ft (15.2 m) in length or 10 ft (3.1 m) 
in height with stretched mesh measurements of 1.5 inches (3.8 cm) or 
smaller that is attached to the vessel when deployed.
    (5) Possession allowance regarding cast nets. A vessel that has on 
board a commercial permit for South Atlantic snapper-grouper, excluding 
wreckfish, that fishes in the South Atlantic EEZ with a cast net on 
board, may retain, without regard to the limits specified in paragraph 
(d)(2)(ii) of this section, otherwise legal South Atlantic snapper-
grouper taken with bandit gear, buoy gear, handline, rod and reel, or 
sea bass pot. For the purpose of this paragraph (d)(5), a cast net is a 
cone-shaped net thrown by hand and designed to spread out and capture 
fish as the weighted circumference sinks to the bottom and comes 
together when pulled by a line.
    (e) South Atlantic golden crab. Traps are the only fishing gear 
authorized in directed fishing for golden crab in the South Atlantic 
EEZ. Golden crab in or from the South Atlantic EEZ may not be retained 
on board a vessel possessing or using unauthorized gear.
    (f) Caribbean queen conch. In the Caribbean EEZ, no person may 
harvest queen conch by diving while using a device that provides a 
continuous air supply from the surface.
    (g) Shrimp in the South Atlantic--(1) BRD requirement. On a penaeid 
shrimp trawler in the South Atlantic EEZ, each trawl net that is rigged 
for fishing and has a mesh size less than 2.50 inches (6.35 cm), as 
measured between the centers of opposite knots when pulled taut, and 
each try net that is rigged for fishing and has a headrope length longer 
than 16.0 ft (4.9 m), must have a certified BRD installed. A trawl net, 
or try net, is rigged for fishing if it is in the water, or if it is 
shackled, tied, or otherwise connected to a sled, door, or other device 
that spreads the net, or to a tow rope, cable, pole, or extension, 
either on board or attached to a shrimp trawler.
    (2) Certified BRDs. The following BRDs are certified for use by 
penaeid shrimp trawlers in the South Atlantic EEZ. Specifications of 
these certified BRDs are contained in Appendix D of this part.
    (i) Extended funnel.
    (ii) Expanded mesh.
    (iii) Fisheye.
    (h) Shrimp in the Gulf--(1) BRD requirement. (i) Except as exempted 
in paragraphs (h)(1)(ii) through (iv) of this section, on a shrimp 
trawler in the Gulf EEZ shoreward of the 100-fathom (183-m) depth 
contour west of 85 deg.30' W. long., each net that is rigged for fishing 
must have a certified BRD installed. A trawl net is rigged for fishing 
if it is in the water, or if it is shackled, tied, or otherwise 
connected to a sled, door, or other device that spreads the net, or to a 
tow rope, cable, pole, or extension, either on board or attached to a 
shrimp trawler.
    (ii) A shrimp trawler is exempt from the requirement to have a 
certified BRD installed in each net provided that at least 90 percent 
(by weight) of all shrimp on board or offloaded from such trawler are 
royal red shrimp.
    (iii) A shrimp trawler is exempt from the requirement to have a BRD 
installed in a single try net with a headrope length of 16 ft (4.9 m) or 
less provided the single try net is either pulled immediately in front 
of another net or is not connected to another net.

[[Page 150]]

    (iv) A shrimp trawler is exempt from the requirement to have a 
certified BRD installed in up to two rigid-frame roller trawls that are 
16 ft (4.9 m) or less in length used or possessed on board. A rigid-
frame roller trawl is a trawl that has a mouth formed by a rigid frame 
and a grid of rigid vertical bars; has rollers on the lower horizontal 
part of the frame to allow the trawl to roll over the bottom and any 
obstruction while being towed; and has no doors, boards, or similar 
devices attached to keep the mouth of the trawl open.
    (2) Certified BRDs. The fisheye BRD is certified for use by shrimp 
trawlers in the Gulf EEZ. Specifications of the fisheye BRD are 
contained in Appendix D of this part.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 61 
FR 65484, Dec. 13, 1996; 62 FR 18539, Apr. 16, 1997; 63 FR 10568, Mar. 
4, 1998; 63 FR 18144, Apr. 14, 1998; 63 FR 38303, July 16, 1998]

    Effective Date Note: At 63 FR 27500, May 19, 1998, in Sec. 622.41, 
paragraph (h)(2) was suspended and paragraph (h)(3) was added, effective 
May 14, 1998, through Nov. 16, 1998. For the convenience of the user, 
the revised text is set forth as follows:



Sec. 622.41  Species specific limitations.

                                * * * * *

    (h) * * *
    (3) Certified BRDs. The following BRDs are certified for use by 
shrimp trawlers in the Gulf EEZ. Specifications of these certified BRDs 
are contained in Appendix D to this part.
    (i) Fisheye
    (ii) Gulf fisheye.
    (iii) Jones-Davis.



Sec. 622.42  Quotas.

    Quotas apply for the fishing year for each species or species group. 
Except for the quotas for Gulf and South Atlantic coral, the quotas 
include species harvested from state waters adjoining the EEZ. Quotas 
for species managed under this part are as follows. (See Sec. 622.32 for 
limitations on taking prohibited and limited-harvest species. The 
limitations in Sec. 622.32 apply without regard to whether the species 
is harvested by a vessel operating under a commercial vessel permit or 
by a person subject to the bag limits.)
    (a) Gulf reef fish--(1) Commercial quotas. The following quotas 
apply to persons who fish under commercial vessel permits for Gulf reef 
fish, as required under Sec. 622.4(a)(2)(v).
    (i) Red snapper--4.65 million lb (2.11 million kg), round weight, 
apportioned as follows:
    (A) 3.06 million lb (1.39 million kg) available at noon on February 
1 each year, subject to the closure provisions of Secs. 622.34(l) and 
622.43(a)(1)(i).
    (B) The remainder available at noon on September 1 each year, 
subject to the closure provisions of Secs. 622.34(l) and 
622.43(a)(1)(i).
    (ii) Deep-water groupers (i.e., yellowedge grouper, misty grouper, 
warsaw grouper, snowy grouper, and speckled hind), and, after the quota 
for shallow-water grouper is reached, scamp, combined--1.60 million lb 
(0.73 million kg), round weight.
    (iii) Shallow-water groupers (i.e., all groupers other than deep-
water groupers, jewfish, and Nassau grouper), including scamp before the 
quota for shallow-water groupers is reached, combined--9.80 million lb 
(4.45 million kg), round weight.
    (2) Recreational quota for red snapper. The following quota applies 
to persons who harvest red snapper other than under commercial vessel 
permits for Gulf reef fish and the commercial quota specified in 
paragraph (a)(1)(i) of this section--4.47 million lb (2.03 million kg), 
round weight.
    (3) Shallow-water groupers, that is, all groupers other than deep-
water groupers, jewfish, and Nassau grouper, including scamp before the 
quota for shallow-water groupers is reached, combined--9.8 million lb 
(4.4 million kg), round weight.
    (b) Gulf and South Atlantic coral--(1) Allowable octocoral. The 
quota for all persons who harvest allowable octocoral in the Gulf and 
South Atlantic EEZ is 50,000 colonies. A colony is a continuous group of 
coral polyps forming a single unit.
    (2) Wild live rock in the Gulf. The quota for all persons who 
harvest wild live rock in the Gulf EEZ is 500,000 lb

[[Page 151]]

(226,796 kg). Commencing with the fishing year that begins January 1, 
1997, the quota is zero.
    (c) King and Spanish mackerel. King and Spanish mackerel quotas 
apply to persons who fish under commercial vessel permits for king or 
Spanish mackerel, as required under Sec. 622.4(a)(2)(iii) or (iv). A 
fish is counted against the quota for the area where it is caught when 
it is first sold.
    (1) Migratory groups of king mackerel--(i) Gulf migratory group. The 
quota for the Gulf migratory group of king mackerel is 3.39 million lb 
(1.54 million kg). The Gulf migratory group is divided into eastern and 
western zones separated by 87 deg.31'06'' W. long., which is a line 
directly south from the Alabama/Florida boundary. Quotas for the eastern 
and western zones are as follows:
    (A) Eastern zone--2.34 million lb (1.06 million kg), which is 
further divided into quotas as follows:
    (1) Florida east coast subzone--1.17 million lb (0.53 million kg).
    (2) Florida west coast subzone--1.17 million lb (0.53 million kg), 
which is further divided into quotas by gear types as follows:
    (i) 585,000 lb (265,352 kg) for vessels fishing with hook-and-line 
gear.
    (ii) 585,000 lb (265,352 kg) for vessels fishing with run-around 
gillnets.
    (3) The Florida east coast subzone is that part of the eastern zone 
north of 25 deg.20.4' N. lat., which is a line directly east from the 
Dade/Monroe County, FL, boundary, and the Florida west coast subzone is 
that part of the eastern zone south and west of 25 deg.20.4' N. lat.
    (B) Western zone--1.05 million lb (0.48 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of king mackerel is 2.52 million lb (1.14 million kg). No more 
than 0.4 million lb (0.18 million kg) may be harvested by purse seines.
    (2) Migratory groups of Spanish mackerel--(i) Gulf migratory group. 
The quota for the Gulf migratory group of Spanish mackerel is 3.99 
million lb (1.81 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of Spanish mackerel is 4.00 million lb (1.81 million kg).
    (d) Royal red shrimp in the Gulf. The quota for all persons who 
harvest royal red shrimp in the Gulf is 392,000 lb (177.8 mt), tail 
weight.
    (e) South Atlantic snapper-grouper, excluding wreckfish. The quotas 
apply to persons who are not subject to the bag limits. (See 
Sec. 622.39(a)(1) for applicability of the bag limits.)
    (1) Snowy grouper--344,508 lb (156,266 kg), gutted weight, that is, 
eviscerated but otherwise whole.
    (2) Golden tilefish--1,001,663 lb (454,347 kg), gutted weight, that 
is, eviscerated but otherwise whole.
    (f) Wreckfish. The quota for wreckfish applies to wreckfish 
shareholders, or their employees, contractors, or agents, and is 2 
million lb (907,185 kg), round weight. See Sec. 622.15 for information 
on the wreckfish shareholder under the ITQ system.

[61 FR 34934, July 3, 1996, as amended at 61 FR 48643, Sept. 16, 1996; 
62 FR 13988, Mar. 25, 1997; 62 FR 23674, May 1, 1997; 62 FR 46679, Sept. 
4, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 8356, Feb. 19, 1998; 63 FR 
10569, Mar. 4, 1998]

    Effective Date Notes: 1. At 63 FR 18147, Apr. 14, 1998, in 
Sec. 622.42, paragraph (a) was suspended and paragraph (g) was added, 
effective May 14, 1998, through Oct. 13, 1998; except for the suspension 
of paragraph (a)(2) and the addition of paragraph (g)(2), which are 
effective Apr. 14, 1998 through Oct. 13, 1998.
    2. At 63 FR 45763, Aug. 27, 1998, in Sec. 622.42, the suspension of 
paragraph (a) was lifted, paragraph (g) was removed, and paragraphs 
(a)(1)(i) (A) and (B) were amended by revising the respective references 
to ``Sec. 622.34(l)'' to read ``Sec. 622.34(m)'', effective Aug. 27, 
1998, through Feb. 24, 1999. For the convenience of the user, paragraph 
(g) is set forth as follows:



Sec. 622.42  Quotas.

                                * * * * *

    (g) Gulf reef fish--(1) Commercial quotas. The following quotas 
apply to persons who fish under commercial vessel permits for Gulf reef 
fish, as required under Sec. 622.4(a)(2)(v).
    (i) Red snapper--4.65 million lb (2.11 million kg), round weight, 
apportioned as follows:
    (A) 3.06 million lb (1.39 million kg) available at noon on February 
1 each

[[Page 152]]

year, subject to the closure provisions of Secs. 622.34(m) and 
622.43(a)(1)(i).
    (B) The remainder is held in reserve.
    (C) The Assistant Administrator may release all or any portion of 
the reserve specified in paragraph (g)(1)(i)(B) of this section 
effective September 1 by filing for publication a notification to that 
effect with the Office of the Federal Register. Determination of what 
portion, if any, of the reserve will be released will be based on the 
results of NMFS research regarding the effectiveness of BRDs in reducing 
shrimp trawl- induced mortality of juvenile red snapper. Release of 
reserve amounts will be determined as follows:
    (1) If BRDs reduce shrimp trawl-induced mortality of juvenile red 
snapper by 50 percent or less, none of the reserve specified in 
paragraph (g)(1)(i)(B) of this section will be released.
    (2) If BRDs reduce shrimp trawl-induced mortality of juvenile red 
snapper by 60 percent or greater, the entire reserve specified in 
paragraph (g)(1)(i)(B) of this section will be released, subject to the 
closure provisions of Secs. 622.34(m) and 622.43(a)(1)(i).
    (3) If BRDs reduce shrimp trawl-induced mortality of juvenile red 
snapper by more than 50 percent but less than 60 percent, for each one 
percentage point increase in bycatch mortality reduction within the 50 
to 60 percent range, an additional 0.159 million lb (0.072 million kg) 
of the reserve specified in paragraph (g)(1)(i)(B) of this section will 
be released, subject to the closure provisions of Secs. 622.34(m) and 
622.43(a)(1)(i). Fractional percentage point increases in bycatch 
mortality reduction will be prorated accordingly.
    (ii) Deep-water groupers (i.e., yellowedge grouper, misty grouper, 
warsaw grouper, snowy grouper, and speckled hind), and, after the quota 
for shallow-water grouper is reached, scamp, combined--1.60 million lb 
(0.73 million kg), round weight.
    (iii) Shallow-water groupers (i.e., all groupers other than deep-
water groupers, jewfish, and Nassau grouper), including scamp before the 
quota for shallow-water groupers is reached, combined--9.80 million lb 
(4.45 million kg), round weight.
    (2) Recreational quota for red snapper. The following quota applies 
to persons who harvest red snapper other than under commercial vessel 
permits for Gulf reef fish and the commercial quota specified in 
paragraph (a)(1)(i) of this section--4.47 million lb (2.03 million kg), 
round weight, apportioned as follows:
    (i) 2.94 million lb (1.33 million kg) available January 1 each year, 
subject to the closure provisions of Sec. 622.43(a)(1)(ii).
    (ii) The remainder is held in reserve.
    (iii) The Assistant Administrator may release all or any portion of 
the reserve specified in paragraph (g)(2)(ii) of this section effective 
September 1 by filing a notification for publication to that effect with 
the Office of the Federal Register. Determination of what portion, if 
any, of the reserve will be released will be based on the results of 
NMFS research regarding the effectiveness of BRDs in reducing shrimp 
trawl- induced mortality of juvenile red snapper. Release of reserve 
amounts will be determined as follows:
    (A) If BRDs reduce shrimp trawl-induced mortality of juvenile red 
snapper by 50 percent or less, none of the reserve specified in 
paragraph (g)(2)(ii) of this section will be released.
    (B) If BRDs reduce shrimp trawl-induced mortality of juvenile red 
snapper by 60 percent or greater, the entire reserve specified in 
paragraph (g)(2)(ii) of this section will be released, subject to the 
closure provisions of Sec. 622.43(a)(1)(ii).
    (C) If BRDs reduce shrimp trawl-induced mortality of juvenile red 
snapper by more than 50 percent but less than 60 percent, for each one 
percentage point increase in bycatch mortality reduction within the 50 
to 60 percent range, an additional 0.153 million lb (0.069 million kg) 
of the reserve specified in paragraph (g)(2)(ii) of this section will be 
released, subject to the closure provisions of Sec. 622.43(a)(1)(ii). 
Fractional percentage point increases in bycatch mortality reduction 
will be prorated accordingly.



Sec. 622.43  Closures.

    (a) General. When a quota specified in Sec. 622.42 is reached, or is 
projected to be reached, the Assistant Administrator will file a 
notification to that effect with the Office of the Federal Register.

[[Page 153]]

On and after the effective date of such notification, for the remainder 
of the fishing year, the following closure restrictions apply:
    (1) Gulf reef fish--(i) Commercial quotas. The bag and possession 
limits specified in Sec. 622.39(b) apply to all harvest or possession in 
or from the Gulf EEZ of the indicated species, and the sale or purchase 
of the indicated species taken from the Gulf EEZ is prohibited. In 
addition, the bag and possession limits for red snapper apply on board a 
vessel for which a commercial permit for Gulf reef fish has been issued, 
as required under Sec. 622.4(a)(2)(v), without regard to where such red 
snapper were harvested. However, the bag and possession limits for red 
snapper apply only when the recreational quota for red snapper has not 
been reached and the bag and possession limit has not been reduced to 
zero under paragraph (a)(1)(ii) of this section.
    (ii) Recreational quota for red snapper. The bag and possession 
limit for red snapper in or from the Gulf EEZ is zero.
    (2) Gulf and South Atlantic coral--(i) Allowable octocoral. 
Allowable octocoral may not be harvested or possessed in the Gulf or 
South Atlantic EEZ and the sale or purchase of allowable octocoral in or 
from the Gulf or South Atlantic EEZ is prohibited.
    (ii) Wild live rock in the Gulf. Wild live rock may not be harvested 
or possessed in the Gulf EEZ and the sale or purchase of wild live rock 
in or from the Gulf EEZ is prohibited.
    (3) King and Spanish mackerel. The closure provisions of this 
paragraph (a)(3) do not apply to Atlantic migratory group Spanish 
mackerel, which are managed under the commercial trip limits specified 
in Sec. 622.44(b) in lieu of the closure provisions of this section.
    (i) A person aboard a vessel for which a commercial permit for king 
or Spanish mackerel has been issued, as required under 
Sec. 622.4(a)(2)(iii) or (iv), may not fish for king or Spanish mackerel 
in the EEZ or retain king or Spanish mackerel in or from the EEZ under a 
bag or possession limit specified in Sec. 622.39(c) for the closed 
species, migratory group, zone, subzone, or gear, except as provided for 
under paragraph (a)(3)(ii) of this section.
    (ii) A person aboard a vessel for which the permit indicates both 
charter vessel/headboat for coastal migratory pelagic fish and 
commercial king or Spanish mackerel may continue to retain fish under a 
bag and possession limit specified in Sec. 622.39(c), provided the 
vessel is operating as a charter vessel or headboat.
    (iii) The sale or purchase of king or Spanish mackerel of the closed 
species, migratory group, zone, subzone, or gear type is prohibited, 
including such king or Spanish mackerel taken under the bag limits.
    (4) Royal red shrimp in the Gulf. Royal red shrimp in or from the 
Gulf EEZ may not be retained, and the sale or purchase of royal red 
shrimp taken from the Gulf EEZ is prohibited.
    (5) South Atlantic snapper-grouper, excluding wreckfish. There are 
no closure provisions for South Atlantic snapper grouper, other than for 
wreckfish. Golden tilefish and snowy grouper, for which there are 
quotas, are managed under the commercial trip limits specified in 
Sec. 622.44(c) in lieu of the closure provisions of this section.
    (6) Wreckfish. Wreckfish in or from the South Atlantic EEZ may not 
be retained, and the sale or purchase of wreckfish taken from the South 
Atlantic EEZ is prohibited.
    (b) Exception to prohibition on sale/purchase. (1) The prohibition 
on sale/purchase during a closure for Gulf reef fish, king and Spanish 
mackerel, royal red shrimp, or wreckfish in paragraph (a)(1), 
(a)(3)(iii), (a)(4), or (a)(6) of this section does not apply to the 
indicated species that were harvested, landed ashore, and sold prior to 
the effective date of the closure and were held in cold storage by a 
dealer or processor.
    (2) The prohibition on sale/purchase during a closure for allowable 
octocoral or wild live rock in paragraph (a)(2)(i) or (a)(2)(ii) of this 
section does not apply to allowable octocoral or wild live rock that was 
harvested and landed ashore prior to the effective date of the closure.
    (c) Reopening. When a fishery has been closed based on a projection 
of the quota specified in Sec. 622.42 being reached and subsequent data 
indicate that the

[[Page 154]]

quota was not reached, the Assistant Administrator may file a 
notification to that effect with the Office of the Federal Register. 
Such notification may reopen the fishery to provide an opportunity for 
the quota to be reached.

[61 FR 34934, July 3, 1996, as amended at 62 FR 13988, Mar. 25, 1997; 62 
FR 46679, Sept. 4, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 10569, Mar. 
4, 1998]



Sec. 622.44  Commercial trip limits.

    Commercial trip limits are limits on the amount of the applicable 
species that may be possessed on board or landed, purchased, or sold 
from a vessel per day. A person who fishes in the EEZ may not combine a 
trip limit specified in this section with any trip or possession limit 
applicable to state waters. A species subject to a trip limit specified 
in this section taken in the EEZ may not be transferred at sea, 
regardless of where such transfer takes place, and such species may not 
be transferred in the EEZ. For fisheries governed by this part, 
commercial trip limits apply as follows (all weights are round or 
eviscerated weights):
    (a) King mackerel--(1) Atlantic group. The following trip limits 
apply to vessels for which commercial permits for king mackerel have 
been issued, as required under Sec. 622.4(a)(2)(iii):
    (i) North of 29 deg.25' N. lat., which is a line directly east from 
the Flagler/Volusia County, FL, boundary, king mackerel in or from the 
EEZ may not be possessed on board or landed from a vessel in a day in 
amounts exceeding 3,500 lb (1,588 kg).
    (ii) In the area between 29 deg.25' N. lat. and 28 deg.47.8' N. 
lat., which is a line directly east from the Volusia/Brevard County, FL, 
boundary, king mackerel in or from the EEZ may not be possessed on board 
or landed from a vessel in a day in amounts exceeding 3,500 lb (1,588 
kg) from April 1 through October 31.
    (iii) In the area between 28 deg.47.8' N. lat. and 25 deg.20.4' N. 
lat., which is a line directly east from the Dade/Monroe County, FL, 
boundary, king mackerel in or from the EEZ may not be possessed on board 
or landed from a vessel in a day in amounts exceeding 50 fish from April 
1 through October 31.
    (iv) In the area between 25 deg.20.4' N. lat. and 25 deg.48' N. 
lat., which is a line directly west from the Monroe/Collier County, FL, 
boundary, king mackerel in or from the EEZ may not be possessed on board 
or landed from a vessel in a day in amounts exceeding 1,250 lb (567 kg) 
from April 1 through October 31.
    (2) Gulf group. Commercial trip limits are established in the 
eastern zone as follows. (See Sec. 622.42(c)(1)(i) for specification of 
the eastern zone and Sec. 622.42(c)(1)(i)(A)(3) for specifications of 
the subzones in the eastern zone.)
    (i) Florida east coast subzone. In the Florida east coast subzone, 
king mackerel in or from the EEZ may be possessed on board or landed 
from a vessel for which a commercial permit for king mackerel has been 
issued, as required under Sec. 622.4(a)(2)(iii), from November 1 each 
fishing year until the subzone's fishing year quota of king mackerel has 
been harvested or until March 31, whichever occurs first, in amounts not 
exceeding 50 fish per day.
    (ii) Florida west coast subzone--(A) Gillnet gear. (1) In the 
Florida west coast subzone, king mackerel in or from the EEZ may be 
possessed on board or landed from a vessel for which a commercial permit 
with a gillnet endorsement has been issued, as required under 
Sec. 622.4(a)(2)(ii), from July 1, each fishing year, until a closure of 
the Florida west coast subzone's fishery for vessels fishing with run-
around gillnets has been effected under Sec. 622.43(a)--in amounts not 
exceeding 25,000 lb (11,340 kg) per day.
    (2) In the Florida west coast subzone:
    (i) King mackerel in or from the EEZ may be possessed on board or 
landed from a vessel that uses or has on board a run-around gillnet on a 
trip only when such vessel has on board a commercial permit for king 
mackerel with a gillnet endorsement.
    (ii) King mackerel from the west coast subzone landed by a vessel 
for which such commercial permit with endorsement has been issued will 
be counted against the run-around gillnet quota of 
Sec. 622.42(c)(1)(i)(A)(2)(ii).
    (iii) King mackerel in or from the EEZ harvested with gear other 
than run-around gillnet may not be retained

[[Page 155]]

on board a vessel for which such commercial permit with endorsement has 
been issued.
    (B) Hook-and-line gear. In the Florida west coast subzone, king 
mackerel in or from the EEZ may be possessed on board or landed from a 
vessel with a commercial permit for king mackerel, as required by 
Sec. 622.4(a)(2)(iii), and operating under the hook-and-line gear quota 
in Sec. 622.42(c)(1)(i)(A)(2)(i):
    (1) From July 1 each fishing year, until 75 percent of the subzone's 
hook-and-line gear quota has been harvested--in amounts not exceeding 
1,250 lb (567 kg) per day.
    (2) From the date that 75 percent of the subzone's hook-and-line 
gear quota has been harvested, until a closure of the west coast 
subzone's fishery for vessels fishing with hook-and-line gear has been 
effected under Sec. 622.43(a)--in amounts not exceeding 500 lb (227 kg) 
per day.
    (iii) Notice of trip limit changes. The Assistant Administrator, by 
filing a notification of trip limit change with the Office of the 
Federal Register, will effect the trip limit changes specified in 
paragraphs (a)(2)(i) and (a)(2)(ii)(B) of this section when the 
requisite harvest level has been reached or is projected to be reached.
    (b) Spanish mackerel. (1) Commercial trip limits are established for 
Atlantic migratory group Spanish mackerel as follows:
    (i) North of 30 deg.42'45.6" N. lat., which is a line directly east 
from the Georgia/Florida boundary, Spanish mackerel in or from the EEZ 
may not be possessed on board or landed in a day from a vessel for which 
a permit for Spanish mackerel has been issued, as required under 
Sec. 622.4(a)(2)(iv), in amounts exceeding 3,500 lb (1,588 kg).
    (ii) South of 30 deg.42'45.6" N. lat., Spanish mackerel in or from 
the EEZ may not be possessed on board or landed in a day from a vessel 
for which a permit for Spanish mackerel has been issued, as required 
under Sec. 622.4(a)(2)(iv)--
    (A) From April 1 through October 31, in amounts exceeding 1,500 lb 
(680 kg).
    (B) From November 1 until 75 percent of the adjusted quota is taken, 
in amounts as follows:
    (1) Mondays, Wednesdays, and Fridays--unlimited.
    (2) Tuesdays, Thursdays, Saturdays, and Sundays--not exceeding 1,500 
lb (680 kg).
    (C) After 75 percent of the adjusted quota is taken until 100 
percent of the adjusted quota is taken, in amounts not exceeding 1,500 
lb (680 kg).
    (D) After 100 percent of the adjusted quota is taken through the end 
of the fishing year, in amounts not exceeding 500 lb (227kg).
    (2) For the purpose of paragraph (b)(1)(ii) of this section, the 
adjusted quota is 3.75 million lb (1.70 million kg). The adjusted quota 
is the quota for Atlantic migratory group Spanish mackerel reduced by an 
amount calculated to allow continued harvests of Atlantic migratory 
group Spanish mackerel at the rate of 500 lb (227 kg) per vessel per day 
for the remainder of the fishing year after the adjusted quota is 
reached. By filing a notification with the Office of the Federal 
Register, the Assistant Administrator will announce when 75 percent and 
100 percent of the adjusted quota is reached or is projected to be 
reached.
    (3) For the purpose of paragraph (b)(1)(ii) of this section, a day 
starts at 6 a.m., local time, and extends for 24 hours. If a vessel 
terminates a trip prior to 6 a.m., but retains Spanish mackerel on board 
after that time, the Spanish mackerel retained on board will not be 
considered in possession during the succeeding day, provided the vessel 
is not underway between 6 a.m. and the time such Spanish mackerel are 
unloaded, and provided such Spanish mackerel are unloaded prior to 6 
p.m.
    (c) South Atlantic snapper-grouper. When a vessel fishes on a trip 
in the South Atlantic EEZ, the vessel trip limits specified in this 
paragraph (c) apply, provided persons aboard the vessel are not subject 
to the bag limits. See Sec. 622.39(a) for applicability of the bag 
limits.
    (1) Trip-limited permits. A vessel for which a trip-limited permit 
for South Atlantic snapper-grouper has been issued is limited to 225 lb 
(102.1 kg) of snapper-grouper.
    (2) Golden tilefish. (i) Until the fishing year quota specified in 
Sec. 622.42(e)(2) is reached, 5,000 lb (2,268 kg).

[[Page 156]]

    (ii) After the fishing year quota specified in Sec. 622.42(e)(2) is 
reached, 300 lb (136 kg).
    (3) Snowy grouper. (i) Until the fishing year quota specified in 
Sec. 622.42(e)(1) is reached, 2,500 lb (1,134 kg).
    (ii) After the fishing year quota specified in Sec. 622.42(e)(1) is 
reached, 300 lb (136 kg).
    (d) Gulf wild live rock. Until the quota for wild live rock from the 
Gulf EEZ is reached in 1996, a daily vessel limit of twenty-five 5-
gallon (19-L) buckets, or volume equivalent (16.88 ft\3\ (478.0 L)), 
applies to the harvest or possession of wild live rock in or from the 
Gulf EEZ, regardless of the number or duration of trips.
    (e) Gulf red snapper. (1) The trip limit for red snapper in or from 
the Gulf for a vessel that has on board a valid commercial permit for 
Gulf reef fish and a valid Class 1 red snapper license is 2,000 lb (907 
kg), round or eviscerated weight.
    (2) The trip limit for red snapper in or from the Gulf for a vessel 
that has on board a valid commercial permit for Gulf reef fish and a 
valid Class 2 red snapper license is 200 lb (91 kg), round or 
eviscerated weight.
    (3) The trip limit for red snapper in or from the Gulf for any other 
vessel for which a commercial permit for Gulf reef fish has been issued 
is zero.
    (4) As a condition of a commercial vessel permit for Gulf reef fish, 
as required under Sec. 622.4(a)(2)(v), without regard to where red 
snapper are harvested or possessed, a vessel that has been issued such 
permit--
    (i) May not possess red snapper in or from the Gulf in excess of the 
appropriate vessel trip limit, as specified in paragraphs (e)(1) through 
(3) of this section.
    (ii) May not transfer or receive at sea red snapper in or from the 
Gulf.
    (f) Caribbean queen conch. A person who fishes in the Caribbean EEZ 
and is not subject to the bag limit may not possess in or from the 
Caribbean EEZ more than 150 queen conch per day.

[61 FR 34934, July 3, 1996, as amended at 61 FR 48415, Sept. 13, 1996; 
61 FR 48851, Sept. 17, 1996; 61 FR 65484, Dec. 13, 1996; 62 FR 23674, 
May 1, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 8356, Feb. 19, 1998; 63 
FR 10569, Mar. 4, 1998; 63 FR 38303, July 16, 1998]

    Effective Date Note: At 63 FR 38303, July 16, 1998, Sec. 622.44 was 
amended by revising the last sentence of the introductory text and 
paragraph (c), effective Dec. 14, 1998. For the convenience of the user, 
the superseded text is set forth as follows:

Sec. 622.44  Commercial trip limits.

    * * * For fisheries governed by this part, commercial trip limits 
apply as follows:

                                * * * * *

    (c) Golden tilefish and snowy grouper. A person who fishes in the 
South Atlantic EEZ on a trip and who is not subject to the bag limits 
may not exceed the following trip limits. (See Sec. 622.39(a) for 
applicability of the bag limits.)
    (1) Golden tilefish (round weight or gutted weight, that is, 
eviscerated but otherwise whole):
    (i) Until the fishing year quota specified in Sec. 622.42(e)(2) is 
reached, 5,000 lb (2,268 kg).
    (ii) After the fishing year quota specified in Sec. 622.42(e)(2) is 
reached, 300 lb (136 kg).
    (2) Snowy grouper (round weight or gutted weight, that is, 
eviscerated but otherwise whole):
    (i) Until the fishing year quota specified in Sec. 622.42(e)(1) is 
reached, 2,500 lb (1,134 kg).
    (ii) After the fishing year quota specified in Sec. 622.42(e)(1) is 
reached, 300 lb (136 kg).

                                * * * * *



Sec. 622.45  Restrictions on sale/purchase.

    In addition to restrictions on sale/purchase related to closures, as 
specified in Sec. 622.43 (a) and (b), restrictions on sale and/or 
purchase apply as follows.
    (a) Caribbean coral reef resource. (1) No person may sell or 
purchase a Caribbean prohibited coral harvested in the Caribbean EEZ.
    (2) A Caribbean prohibited coral that is sold in Puerto Rico or the 
U.S. Virgin Islands will be presumed to have been harvested in the 
Caribbean EEZ, unless it is accompanied by documentation showing that it 
was harvested elsewhere. Such documentation must contain:
    (i) The information specified in subpart K of part 300 of this title 
for marking containers or packages of fish or wildlife that are 
imported, exported, or transported in interstate commerce.
    (ii) The name and home port of the vessel, or the name and address 
of the individual, harvesting the Caribbean prohibited coral.

[[Page 157]]

    (iii) The port and date of landing the Caribbean prohibited coral.
    (iv) A statement signed by the person selling the Caribbean 
prohibited coral attesting that, to the best of his or her knowledge, 
information, and belief, such Caribbean prohibited coral was harvested 
other than in the Caribbean EEZ or the waters of Puerto Rico or the U.S. 
Virgin Islands.
    (b) Caribbean reef fish. A live red hind or live mutton snapper in 
or from the Caribbean EEZ may not be sold or purchased and used in the 
marine aquarium trade.
    (c) Gulf reef fish. (1) A Gulf reef fish harvested in the EEZ on 
board a vessel that does not have a valid commercial permit for Gulf 
reef fish, as required under Sec. 622.4(a)(2)(v), or a Gulf reef fish 
possessed under the bag limits specified in Sec. 622.39(b), may not be 
sold or purchased.
    (2) A Gulf reef fish harvested on board a vessel that has a valid 
commercial permit for Gulf reef fish may be sold only to a dealer who 
has a valid permit for Gulf reef fish, as required under 
Sec. 622.4(a)(4).
    (3) A Gulf reef fish harvested in the EEZ may be purchased by a 
dealer who has a valid permit for Gulf reef fish, as required under 
Sec. 622.4(a)(4), only from a vessel that has a valid commercial permit 
for Gulf reef fish.
    (d) South Atlantic snapper-grouper. (1) A person may sell South 
Atlantic snapper-grouper harvested in the EEZ only to a dealer who has a 
valid permit for South Atlantic snapper-grouper, as required under 
Sec. 622.4(a)(4).
    (2) A person may purchase South Atlantic snapper-grouper harvested 
in the EEZ only from a vessel that has a valid commercial permit for 
South Atlantic snapper-grouper, as required under Sec. 622.4(a)(2)(vi), 
or from a person who has a valid commercial license to sell fish in the 
state where the purchase occurs.
    (3) Except for the sale or purchase of South Atlantic snapper-
grouper harvested by a vessel that has a valid commercial permit for 
South Atlantic snapper-grouper, the sale or purchase of such fish is 
limited to the bag limits specified in Sec. 622.39(d)(1).
    (4) A warsaw grouper or speckled hind in or from the South Atlantic 
EEZ may not be sold or purchased.
    (e) South Atlantic wild live rock. Wild live rock in or from the 
South Atlantic EEZ may not be sold or purchased. The prohibition on sale 
or purchase does not apply to wild live rock that was harvested and 
landed prior to January 1, 1996.
    (f) South Atlantic golden crab. (1) A female golden crab in or from 
the South Atlantic EEZ may not be sold or purchased.
    (2) A golden crab harvested in the South Atlantic EEZ on board a 
vessel that does not have a valid commercial permit for golden crab, as 
required under Sec. 622.17(a), may not be sold or purchased.
    (3) A golden crab harvested on board a vessel that has a valid 
commercial permit for golden crab may be sold only to a dealer who has a 
valid permit for golden crab, as required under Sec. 622.4(a)(4).
    (4) A golden crab harvested in the South Atlantic EEZ may be 
purchased by a dealer who has a valid permit for golden crab, as 
required under Sec. 622.4(a)(4), only from a vessel that has a valid 
commercial permit for golden crab.
    (g) South Atlantic rock shrimp. (1) Rock shrimp harvested in the 
South Atlantic EEZ on board a vessel that does not have a valid 
commercial permit for rock shrimp, as required under 
Sec. 622.4(a)(2)(viii), may not be transferred, received, sold, or 
purchased.
    (2) Rock shrimp harvested on board a vessel that has a valid 
commercial permit for rock shrimp may be transferred or sold only to a 
dealer who has a valid permit for rock shrimp, as required under 
Sec. 622.4(a)(4).
    (3) Rock shrimp harvested in the South Atlantic EEZ may be received 
or purchased by a dealer who has a valid permit for rock shrimp, as 
required under Sec. 622.4(a)(4), only from a vessel that has a valid 
commercial permit for rock shrimp.
    (h) Cut-off (damaged) king mackerel. A cut-off (damaged) king 
mackerel lawfully possessed or offloaded ashore, as

[[Page 158]]

specified in Sec. 622.38(h), may not be sold or purchased.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43960, Aug. 27, 1996; 61 
FR 47449, Sept. 9, 1996; 63 FR 10569, Mar. 4, 1998]



Sec. 622.46  Prevention of gear conflicts.

    (a) No person may knowingly place in the Gulf EEZ any article, 
including fishing gear, that interferes with fishing or obstructs or 
damages fishing gear or the fishing vessel of another; or knowingly use 
fishing gear in such a fashion that it obstructs or damages the fishing 
gear or fishing vessel of another.
    (b) In accordance with the procedures and restrictions of the FMP 
for the Shrimp Fishery of the Gulf of Mexico, the RD may modify or 
establish separation zones for shrimp trawling and the use of fixed gear 
to prevent gear conflicts. Necessary prohibitions or restrictions will 
be published in the Federal Register.
    (c) In accordance with the procedures and restrictions of the FMP 
for Coastal Migratory Pelagic Resources, when the RD determines that a 
conflict exists in the king mackerel fishery between hook-and-line and 
gillnet fishermen in the South Atlantic EEZ off the east coast of 
Florida between 27 deg.00.6' N. lat. and 27 deg.50.0' N. lat., the RD 
may prohibit or restrict the use of hook-and-line and/or gillnets in all 
or a portion of that area. Necessary prohibitions or restrictions will 
be published in the Federal Register.



Sec. 622.47  Gulf groundfish trawl fishery.

    Gulf groundfish trawl fishery means fishing in the Gulf EEZ by a 
vessel that uses a bottom trawl, the unsorted catch of which is ground 
up for animal feed or industrial products.
    (a) Other provisions of this part notwithstanding, the owner or 
operator of a vessel in the Gulf groundfish trawl fishery is exempt from 
the following requirements and limitations for the vessel's unsorted 
catch of Gulf reef fish:
    (1) The requirement for a valid commercial vessel permit for Gulf 
reef fish in order to sell Gulf reef fish.
    (2) Minimum size limits for Gulf reef fish.
    (3) Bag limits for Gulf reef fish.
    (4) The prohibition on sale of Gulf reef fish after a quota closure.
    (b) Other provisions of this part notwithstanding, a dealer in a 
Gulf state is exempt from the requirement for a dealer permit for Gulf 
reef fish to receive Gulf reef fish harvested from the Gulf EEZ by a 
vessel in the Gulf groundfish trawl fishery.



Sec. 622.48  Adjustment of management measures.

    In accordance with the framework procedures of the applicable FMPs, 
the RD may establish or modify the following management measures:
    (a) Caribbean coral reef resources. Species for which management 
measures may be specified; prohibited species; harvest limitations, 
including quotas, trip, or daily landing limits; gear restrictions; 
closed seasons or areas; and marine conservation districts.
    (b) Caribbean reef fish. Size limits, closed seasons or areas, fish 
trap mesh size, and the threshold level for overfishing.
    (c) Coastal migratory pelagic fish. For cobia or for a migratory 
group of king or Spanish mackerel: MSY, overfishing level, TAC, quota 
(including a quota of zero), bag limit (including a bag limit of zero), 
minimum size limit, vessel trip limits, closed seasons or areas, gear 
restrictions (ranging from regulation to complete prohibition), 
reallocation of the commercial/recreational allocation of Atlantic group 
Spanish mackerel, and permit requirements.
    (d) Gulf reef fish. (1) For a species or species group: Target date 
for rebuilding an overfished species, TAC, bag limits, size limits, 
vessel trip limits, closed seasons or areas, gear restrictions, and 
quotas.
    (2) SMZs and the gear restrictions applicable in each.
    (e) Gulf royal red shrimp. MSY, OY, and TAC.
    (f) South Atlantic snapper-grouper and wreckfish. For species or 
species groups: Target dates for rebuilding overfished species, MSY, 
ABC, TAC, quotas, trip limits, bag limits, minimum sizes, gear 
restrictions (ranging from regulation to complete prohibition), and 
seasonal or area closures.
    (g) South Atlantic golden crab. MSY, ABC, TAC, quotas (including 
quotas

[[Page 159]]

equal to zero), trip limits, minimum sizes, gear regulations and 
restrictions, permit requirements, seasonal or area closures, time frame 
for recovery of golden crab if overfished, fishing year (adjustment not 
to exceed 2 months), observer requirements, and authority for the RD to 
close the fishery when a quota is reached or is projected to be reached.
    (h) South Atlantic shrimp. Certified BRDs and BRD specifications.
    (i) Gulf shrimp. Bycatch reduction criteria, BRD certification and 
decertification criteria, BRD testing protocol, certified BRDs, and BRD 
specifications.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43960, Aug. 27, 1996; 62 
FR 13988, Mar. 25, 1997; 62 FR 18539, Apr. 16, 1997; 63 FR 10569, Mar. 
4, 1998; 63 FR 18144, Apr. 14, 1998]

                 Appendix A to Part 622--Species Tables

    Table 1 of Appendix A to Part 622--Caribbean Coral Reef Resources

I. Sponges--Phylum Porifera
    A. Demosponges--Class Demospongiae
    Aphimedon compressa, Erect rope sponge
    Chondrilla nucula, Chicken liver sponge
    Cynachirella alloclada
    Geodia neptuni, Potato sponge
    Haliclona sp., Finger sponge
    Myriastra sp.
    Niphates digitalis, Pink vase sponge
    N. erecta, Lavender rope sponge
    Spinosella policifera
    S. vaginalis
    Tethya crypta
II. Coelenterates--Phylum Coelenterata
    A. Hydrocorals--Class Hydrozoa
    1. Hydroids--Order Athecatae
    Family Milleporidae
    Millepora spp., Fire corals
    Family Stylasteridae
    Stylaster roseus, Rose lace corals
    B. Anthozoans--Class Anthozoa
    1. Soft corals--Order Alcyonacea
    Family Anthothelidae
    Erythropodium caribaeorum, Encrusting gorgonian
    Iciligorgia schrammi, Deepwater sea fan
    Family Briaridae
    Briareum asbestinum, Corky sea finger
    Family Clavulariidae
    Carijoa riisei
    Telesto spp.
    2. Gorgonian corals--Order Gorgonacea
    Family Ellisellidae
    Ellisella spp., Sea whips
    Family Gorgoniidae
    Gorgonia flabellum, Venus sea fan
    G. mariae, Wide-mesh sea fan
    G. ventalina, Common sea fan
    Pseudopterogorgia acerosa, Sea plume
    P. albatrossae
    P. americana, Slimy sea plume
    P. bipinnata, Bipinnate plume
    P. rigida
    Pterogorgia anceps, Angular sea whip
    P. citrina, Yellow sea whip
    Family Plexauridae
    Eunicea calyculata, Warty sea rod
    E. clavigera
    E. fusca, Doughnut sea rod
    E. knighti
    E. laciniata
    E. laxispica
    E. mammosa, Swollen-knob
    E. succinea, Shelf-knob sea rod
    E. touneforti
    Muricea atlantica
    M. elongata, Orange spiny rod
    M. laxa, Delicate spiny rod
    M. muricata, Spiny sea fan
    M. pinnata, Long spine sea fan
    Muriceopsis sp.
    M. flavida, Rough sea plume
    M. sulphurea
    Plexaura flexuosa, Bent sea rod
    P. homomalla, Black sea rod
    Plexaurella dichotoma, Slit-pore sea rod
    P. fusifera
    P. grandiflora
    P. grisea
    P. nutans, Giant slit-pore
    Pseudoplexaura crucis
    P. flagellosa
    P. porosa, Porous sea rod
    P. wagenaari
    3. Hard Corals--Order Scleractinia
    Family Acroporidae
    Acropora cervicornis, Staghorn coral
    A. palmata, Elkhorn coral
    A. prolifera, Fused staghorn
    Family Agaricidae
    Agaricia agaricities, Lettuce leaf coral
    A. fragilis, Fragile saucer
    A. lamarcki, Lamarck's sheet
    A. tenuifolia, Thin leaf lettuce
    Leptoseris cucullata, Sunray lettuce
    Family Astrocoeniidae
    Stephanocoenia michelinii, Blushing star
    Family Caryophyllidae
    Eusmilia fastigiata, Flower coral
    Tubastrea aurea, Cup coral
    Family Faviidae
    Cladocora arbuscula, Tube coral
    Colpophyllia natans, Boulder coral
    Diploria clivosa, Knobby brain coral
    D. labyrinthiformis, Grooved brain
    D. strigosa, Symmetrical brain
    Favia fragum, Golfball coral
    Manicina areolata, Rose coral
    M. mayori, Tortugas rose coral
    Montastrea annularis, Boulder star coral
    M. cavernosa, Great star coral
    Solenastrea bournoni, Smooth star coral
    Family Meandrinidae
    Dendrogyra cylindrus, Pillar coral

[[Page 160]]

    Dichocoenia stellaris, Pancake star
    D. stokesi, Elliptical star
    Meandrina meandrites, Maze coral
    Family Mussidae
    Isophyllastrea rigida, Rough star coral
    Isophyllia sinuosa, Sinuous cactus
    Mussa angulosa, Large flower coral
    Mycetophyllia aliciae, Thin fungus coral
    M. danae, Fat fungus coral
    M. ferox, Grooved fungus
    M. lamarckiana, Fungus coral
    Scolymia cubensis, Artichoke coral
    S. lacera, Solitary disk
    Family Oculinidae
    Oculina diffusa, Ivory bush coral
    Family Pocilloporidae
    Madracis decactis, Ten-ray star coral
    M. mirabilis, Yellow pencil
    Family Poritidae
    Porites astreoides, Mustard hill coral
    P. branneri, Blue crust coral
    P. divaricata, Small finger coral
    P. porites, Finger coral
    Family Rhizangiidae
    Astrangia solitaria, Dwarf cup coral
    Phyllangia americana, Hidden cup coral
    Family Siderastreidae
    Siderastrea radians, Lesser starlet
    S. siderea, Massive starlet
    4. Black Corals--Order Antipatharia
    Antipathes spp., Bushy black coral
    Stichopathes spp., Wire coral
    5. Anemones--Order Actiniaria
    Aiptasia tagetes, Pale anemone
    Bartholomea annulata, Corkscrew anemone
    Condylactis gigantea, Giant pink-tipped anemone
    Hereractis lucida, Knobby anemone
    Lebrunia spp., Staghorn anemone
    Stichodactyla helianthus, Sun anemone
    6. Colonial Anemones--Order Zoanthidea
    Zoanthus spp., Sea mat
    7. False Corals--Order Corallimorpharia
    Discosoma spp. (formerly Rhodactis), False coral
    Ricordia florida, Florida false coral
III. Annelid Worms--Phylum Annelida
    A. Polychaetes--Class Polychaeta
    Family Sabellidae, Feather duster worms
    Sabellastarte spp., Tube worms
    S. magnifica, Magnificent duster
    Family Serpulidae
    Spirobranchus giganteus, Christmas tree worm
IV. Mollusks--Phylum Mollusca
    A. Gastropods--Class Gastropoda
    Family Elysiidae
    Tridachia crispata, Lettuce sea slug
    Family Olividae
    Oliva reticularis, Netted olive
    Family Ovulidae
    Cyphoma gibbosum, Flamingo tongue
    Family Ranellidae
    Charonia tritonis, Atlantic triton trumpet
    Family Strombidae, Winged conchs
    Strombus spp. (except Queen conch, S. gigas)
    B. Bivalves--Class Bivalvia
    Family Limidae
    Lima spp., Fileclams
    L. scabra, Rough fileclam
    Family Spondylidae
    Spondylus americanus, Atlantic thorny oyster
    C. Cephalopods--Class Cephalopoda
    1. Octopuses--Order Octopoda
    Family Octopodidae
    Octopus spp. (except the Common octopus, O. vulgaris)
V. Arthropods--Phylum Arthropoda
    A. Crustaceans--Subphylum Crustacea
    1. Decapods--Order Decapoda
    Family Alpheidae
    Alpheaus armatus, Snapping shrimp
    Family Diogenidae
    Paguristes spp., Hermit crabs
    P. cadenati, Red reef hermit
    Family Grapsidae
    Percnon gibbesi, Nimble spray crab
    Family Hippolytidae
    Lysmata spp., Peppermint shrimp
    Thor amboinensis, Anemone shrimp
    Family Majidae, Coral crabs
    Mithrax spp., Clinging crabs
    M. cinctimanus, Banded clinging
    M. sculptus, Green clinging
    Stenorhynchus seticornis, Yellowline arrow
    Family Palaemonida
    Periclimenes spp., Cleaner shrimp
    Family Squillidae, Mantis crabs
    Gonodactylus spp.
    Lysiosquilla spp.
    Family Stenopodidae, Coral shrimp
    Stenopus hispidus, Banded shrimp
    S. scutellatus, Golden shrimp
VI. Bryozoans--Phylum Bryozoa
VII. Echinoderms--Phylum Echinodermata
    A. Feather stars--Class Crinoidea
    Analcidometra armata, Swimming crinoid
    Davidaster spp., Crinoids
    Nemaster spp., Crinoids
    B. Sea stars--Class Asteroidea
    Astropecten spp., Sand stars
    Linckia guildingii, Common comet star
    Ophidiaster guildingii, Comet star
    Oreaster reticulatus, Cushion sea star
    C. Brittle and basket stars--Class Ophiuroidea
    Astrophyton muricatum, Giant basket star
    Ophiocoma spp., Brittlestars
    Ophioderma spp., Brittlestars
    O. rubicundum, Ruby brittlestar
    D. Sea Urchins--Class Echinoidea
    Diadema antillarum, Long-spined urchin
    Echinometra spp., Purple urchin
    Eucidaris tribuloides, Pencil urchin
    Lytechinus spp., Pin cushion urchin
    Tripneustes ventricosus, Sea egg
    E. Sea Cucumbers--Class Holothuroidea
    Holothuria spp., Sea cucumbers
VIII. Chordates--Phylum Chordata
    A. Tunicates--Subphylum Urochordata
IX. Green Algae--Phylum Chlorophyta
    Caulerpa spp., Green grape algae
    Halimeda spp., Watercress algae

[[Page 161]]

    Penicillus spp., Neptune's brush
    Udotea spp., Mermaid's fan
    Ventricaria ventricosa, Sea pearls
X. Red Algae--Phylum Rhodophyta
XI. Sea grasses--Phylum Angiospermae
    Halodule wrightii, Shoal grass
    Halophila spp., Sea vines
    Ruppia maritima, Widgeon grass
    Syringodium filiforme, Manatee grass
    Thalassia testudium, Turtle grass

         Table 2 of Appendix A to Part 622-- Caribbean Reef Fish

Acanthuridae--Surgeonfishes
    Ocean surgeonfish, Acanthurus bahianus
    Doctorfish, Acanthurus chirurgus
    Blue tang, Acanthurus coeruleus
Antennariidae--Frogfishes
    Frogfish, Antennarius spp.
Apogonidae--Cardinalfishes
    Flamefish, Apogon maculatus
    Conchfish, Astrapogen stellatus
Aulostomidae--Trumpetfishes
    Trumpetfish, Aulostomus maculatus
    Balistidae--Leatherjackets
    Scrawled filefish, Aluterus scriptus
    Queen triggerfish, Balistes vetula
    Whitespotted filefish, Cantherhines macrocerus
    Ocean triggerfish, Canthidermis sufflamen
    Black durgon, Melichthys niger
    Sargassum triggerfish, Xanthichthys rigens
Blenniidae--Combtooth blennies
    Redlip blenny, Ophioblennius atlanticus
Bothidae--Lefteye flounders
    Peacock flounder, Bothus lunatus
Carangidae--Jacks
    Yellow jack, Caranx bartholomaei
    Blue runner, Caranx crysos
    Horse-eye jack, Caranx latus
    Black jack, Caranx lugubris
    Bar jack, Caranx ruber
    Greater amberjack, Seriola dumerili
    Almaco jack, Seriola rivoliana
Chaetodontidae--Butterflyfishes
    Longsnout butterflyfish, Chaetodon aculeatus
    Foureye butterflyfish, Chaetodon capistratus
    Spotfin butterflyfish, Chaetodon ocellatus
    Banded butterflyfish, Chaetodon striatus
Cirrhitidae--Hawkfishes
    Redspotted hawkfish, Amblycirrhitus pinos
Dactylopteridae--Flying gurnards
    Flying gurnard, Dactylopterus volitans
Ephippidae--Spadefishes
    Atlantic spadefish, Chaetodipterus faber
Gobiidae--Gobies
    Neon goby, Gobiosoma oceanops
    Rusty goby, Priolepis hipoliti
Grammatidae--Basslets
    Royal gramma, Gramma loreto
Haemulidae--Grunts
    Porkfish, Anisotremus virginicus
    Margate, Haemulon album
    Tomtate, Haemulon aurolineatum
    French grunt, Haemulon flavolineatum
    White grunt, Haemulon plumieri
    Bluestriped grunt, Haemulon sciurus
Holocentridae--Squirrelfishes
    Squirrelfish, Holocentrus adscensionis
    Longspine squirrelfish, Holocentrus rufus
    Blackbar soldierfish, Myripristis jacobus
    Cardinal soldierfish, Plectrypops retrospinis
Labridae--Wrasses
    Spanish hogfish, Bodianus rufus
    Creole wrasse, Clepticus parrae
    Yellowcheek wrasse, Halichoeres cyanocephalus
    Yellowhead wrasse, Halichoeres garnoti
    Clown wrasse, Halichoeres maculipinna
    Puddingwife, Halichoeres radiatus
    Pearly razorfish, Hemipteronotus novacula
    Green razorfish, Hemipteronotus splendens
    Hogfish, Lachnolaimus maximus
    Bluehead wrasse, Thalassoma bifasciatum
Lutjanidae--Snappers
    Black snapper, Apsilus dentatus
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Schoolmaster, Lutjanus apodus
    Blackfin snapper, Lutjanus buccanella
    Gray snapper, Lutjanus griseus
    Dog snapper, Lutjanus jocu
    Mahogany snapper, Lutjanus mahogani
    Lane snapper, Lutjanus synagris
    Silk snapper, Lutjanus vivanus
    Yellowtail snapper, Ocyurus chrysurus
    Wenchman, Pristipomoides aquilonaris
    Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
    Blackline tilefish, Caulolatilus cyanops
    Sand tilefish, Malacanthus plumieri
Mullidae--Goatfishes
    Yellow goatfish, Mulloidichthys martinicus
    Spotted goatfish, Pseudupeneus maculatus
Muraenidae--Morays
    Chain moray, Echidna catenata
    Green moray, Gymnothorax funebris
    Goldentail moray, Gymnothorax miliaris
Ogcocephalidae--Batfishes
    Batfish, Ogcocepahalus spp.
Ophichthidae--Snake eels
    Goldspotted eel, Myrichthys ocellatus
Opistognathidae--Jawfishes
    Yellowhead jawfish, Opistognathus aurifrons
    Dusky jawfish, Opistognathus whitehursti
Ostraciidae--Boxfishes
    Spotted trunkfish, Lactophrys bicaudalis
    Honeycomb cowfish, Lactophrys polygonia
    Scrawled cowfish, Lactophrys quadricornis
    Trunkfish, Lactophrys trigonus
    Smooth trunkfish, Lactophrys triqueter
Pomacanthidae--Angelfishes
    Cherubfish, Centropyge argi
    Queen angelfish, Holacanthus ciliaris
    Rock beauty, Holacanthus tricolor
    Gray angelfish, Pomacanthus arcuatus
    French angelfish, Pomacanthus paru
Pomacentridae--Damselfishes
    Sergeant major, Abudefduf saxatilis
    Blue chromis, Chromis cyanea
    Sunshinefish, Chromis insolata

[[Page 162]]

    Yellowtail damselfish, Microspathodon chrysurus
    Dusky damselfish, Pomacentrus fuscus
    Beaugregory, Pomacentrus leucostictus
    Bicolor damselfish, Pomacentrus partitus
    Threespot damselfish, Pomacentrus planifrons
Priacanthidae--Bigeyes
    Bigeye, Priacanthus arenatus
    Glasseye snapper, Priacanthus cruentatus
Scaridae--Parrotfishes
    Midnight parrotfish, Scarus coelestinus
    Blue parrotfish, Scarus coeruleus
    Striped parrotfish, Scarus croicensis
    Rainbow parrotfish, Scarus guacamaia
    Princess parrotfish, Scarus taeniopterus
    Queen parrotfish, Scarus vetula
    Redband parrotfish, Sparisoma aurofrenatum
    Redtail parrotfish, Sparisoma chrysopterum
    Redfin parrotfish, Sparisoma rubripinne
    Stoplight parrotfish, Sparisoma viride
Sciaenidae--Drums
    High-hat, Equetus acuminatus
    Jackknife-fish, Equetus lanceolatus
    Spotted drum, Equetus punctatus
Scorpaenidae--Scorpionfishes
Serranidae--Sea basses
    Rock hind, Epinephelus adscensionis
    Graysby, Epinephelus cruentatus
    Yellowedge grouper, Epinephelus flavolimbatus
    Coney, Epinephelus fulvus
    Red hind, Epinephelus guttatus
    Jewfish, Epinephelus itajara
    Red grouper, Epinephelus morio
    Misty grouper, Epinephelus mystacinus
    Nassau Grouper, Epinephelus striatus
    Butter hamlet, Hypoplectrus unicolor
    Swissguard basslet, Liopropoma rubre
    Yellowfin grouper, Mycteroperca venenosa
    Tiger grouper, Mycteroperca tigris
    Creole-fish, Paranthias furcifer
    Greater soapfish, Rypticus saponaceus
    Orangeback bass, Serranus annularis
    Lantern bass, Serranus baldwini
    Tobaccofish, Serranus tabacarius
    Harlequin bass, Serranus tigrinus
    Chalk bass, Serranus tortugarum
Soleidae--Soles
    Caribbean tonguefish, Symphurus arawak
Sparidae--Porgies
    Sea bream, Archosargus rhomboidalis
    Jolthead porgy, Calamus bajonado
    Sheepshead porgy, Calamus penna
    Pluma, Calamus pennatula
Syngnathidae--Pipefishes
    Seahorses, Hippocampus spp.
    Pipefishes, Syngnathus spp.
Synodontidae--Lizardfishes
    Sand diver, Synodus intermedius
Tetraodontidae--Puffers
    Sharpnose puffer, Canthigaster rostrata
    Porcupinefish, Diodon hystrix

            Table 3 of Appendix A to Part 622--Gulf Reef Fish

Balistidae--Triggerfishes
    Gray triggerfish, Balistes capriscus
    Queen triggerfish, Balistes vetula
Carangidae--Jacks
    Greater amberjack, Seriola dumerili
    Lesser amberjack, Seriola fasciata
    Almaco jack, Seriola rivoliana
    Banded rudderfish, Seriola zonata
Labridae--Wrasses
    Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Schoolmaster, Lutjanus apodus
    Blackfin snapper, Lutjanus buccanella
    Red snapper, Lutjanus campechanus
    Cubera snapper, Lutjanus cyanopterus
    Gray (mangrove) snapper, Lutjanus griseus
    Dog snapper, Lutjanus jocu
    Mahogany snapper, Lutjanus mahogoni
    Lane snapper, Lutjanus synagris
    Silk snapper, Lutjanus vivanus
    Yellowtail snapper, Ocyurus chrysurus
    Wenchman, Pristipomoides aquilonaris
    Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
    Goldface tilefish, Caulolatilus chrysops
    Blackline tilefish, Caulolatilus cyanops
    Anchor tilefish, Caulolatilus intermedius
    Blueline tilefish, Caulolatilus microps
    Tilefish, Lopholatilus chamaeleonticeps
Serranidae--Groupers
    Dwarf sand perch, Diplectrum bivittatum
    Sand perch, Diplectrum formosum
    Rock hind, Epinephelus adscensionis
    Speckled hind, Epinephelus drummondhayi
    Yellowedge grouper, Epinephelus flavolimbatus
    Red hind, Epinephelus guttatus
    Jewfish, Epinephelus itajara
    Red grouper, Epinephelus morio
    Misty grouper, Epinephelus mystacinus
    Warsaw grouper, Epinephelus nigritus
    Snowy grouper, Epinephelus niveatus
    Nassau grouper, Epinephelus striatus
    Black grouper, Mycteroperca bonaci
    Yellowmouth grouper, Mycteroperca interstitialis
    Gag, Mycteroperca microlepis
    Scamp, Mycteroperca phenax
    Yellowfin grouper, Mycteroperca venenosa

    Table 4 of Appendix A to Part 622--South Atlantic Snapper-Grouper

Balistidae--Triggerfishes
    Gray triggerfish, Balistes capriscus
    Queen triggerfish, Balistes vetula
    Ocean triggerfish, Canthidermis sufflamen
Carangidae--Jacks
    Yellow jack, Caranx bartholomaei
    Blue runner, Caranx crysos
    Crevalle jack, Caranx hippos
    Bar jack, Caranx ruber
    Greater amberjack, Seriola dumerili

[[Page 163]]

    Lesser amberjack, Seriola fasciata
    Almaco jack, Seriola rivoliana
    Banded rudderfish, Seriola zonata
Ephippidae--Spadefishes
    Spadefish, Chaetodipterus faber
Haemulidae--Grunts
    Black margate, Anisotremus surinamensis
    Porkfish, Anisotremus virginicus
    Margate, Haemulon album
    Tomtate, Haemulon aurolineatum
    Smallmouth grunt, Haemulon chrysargyreum
    French grunt, Haemulon flavolineatum
    Spanish grunt, Haemulon macrostomum
    Cottonwick, Haemulon melanurum
    Sailors choice, Haemulon parrai
    White grunt, Haemulon plumieri
    Blue stripe grunt, Haemulon sciurus
Labridae--Wrasses
    Hogfish, Lachnolaimus maximus
    Puddingwife, Halichoeres radiatus
Lutjanidae--Snappers
    Black snapper, Apsilus dentatus
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Schoolmaster, Lutjanus apodus
    Blackfin snapper, Lutjanus buccanella
    Red snapper, Lutjanus campechanus
    Cubera snapper, Lutjanus cyanopterus
    Gray snapper, Lutjanus griseus
    Mahogany snapper, Lutjanus mahogoni
    Dog snapper, Lutjanus jocu
    Lane snapper, Lutjanus synagris
    Silk snapper, Lutjanus vivanus
    Yellowtail snapper, Ocyurus chrysurus
    Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
    Blueline tilefish, Caulolatilus microps
    Golden tilefish, Lopholatilus chamaeleonticeps
    Sand tilefish, Malacanthus plumieri
Percichthyidae--Temperate basses
    Wreckfish, Polyprion americanus
Serranidae--Sea Basses and Groupers
    Bank sea bass, Centropristis ocyurus
    Rock sea bass, Centropristis philadelphica
    Black sea bass, Centropristis striata
    Rock hind, Epinephelus adscensionis
    Graysby, Epinephelus cruentatus
    Speckled hind, Epinephelus drummondhayi
    Yellowedge grouper, Epinephelus flavolimbatus
    Coney, Epinephelus fulvus
    Red hind, Epinephelus guttatus
    Jewfish, Epinephelus itajara
    Red grouper, Epinephelus morio
    Misty grouper, Epinephelus mystacinus
    Warsaw grouper, Epinephelus nigritus
    Snowy grouper, Epinephelus niveatus
    Nassau grouper, Epinephelus striatus
    Black grouper, Mycteroperca bonaci
    Yellowmouth grouper, Mycteroperca interstitialis
    Gag, Mycteroperca microlepis
    Scamp, Mycteroperca phenax
    Tiger grouper, Mycteroperca tigris
    Yellowfin grouper, Mycteroperca venenosa
Sparidae--Porgies
    Sheepshead, Archosargus probatocephalus
    Grass porgy, Calamus arctifrons
    Jolthead porgy, Calamus bajonado
    Saucereye porgy, Calamus calamus
    Whitebone porgy, Calamus leucosteus
    Knobbed porgy, Calamus nodosus
    Red porgy, Pagrus pagrus
    Longspine porgy, Stenotomus caprinus
    Scup, Stenotomus chrysops

[61 FR 34934, July 3, 1996, as amended at 62 FR 13988, Mar. 25, 1997; 62 
FR 67723, Dec. 30, 1997]

                   Appendix B to Part 622--Gulf Areas

 Table 1 of Appendix B to Part 622.--Seaward Coordinates of the Longline
                      and Buoy Gear Restricted Area
------------------------------------------------------------------------
 Point No. and reference location
                \1\                     North lat.         West long.
------------------------------------------------------------------------
 1  Seaward limit of Florida's           24 deg.48.0'       82 deg.48.0'
 waters north of Dry Tortugas.....
 2  North of Rebecca Shoal........       25 deg.07.5'       82 deg.34.0'
 3  Off Sanibel Island--Offshore..       26 deg.26.0'       82 deg.59.0'
 4  West of Egmont Key............       27 deg.30.0'       83 deg.21.5'
 5  Off Anclote Keys--Offshore....       28 deg.10.0'       83 deg.45.0'
 6  Southeast corner of Florida          28 deg.11.0'       84 deg.00.0'
 Middle Ground....................
 7  Southwest corner of Florida          28 deg.11.0'       84 deg.07.0'
 Middle Ground....................
 8  West corner of Florida Middle        28 deg.26.6'       84 deg.24.8'
 Ground...........................
 9  Northwest corner of Florida          28 deg.42.5'       84 deg.24.8'
 Middle Ground....................
10  South of Carrabelle...........       29 deg.05.0'       84 deg.47.0'
11  South of Cape St. George......       29 deg.02.5'       85 deg.09.0'
12  South of Cape San Blas lighted       29 deg.21.0'       85 deg.30.0'
 bell buoy--20 fathoms............
13  South of Cape San Blas lighted       28 deg.58.7'       85 deg.30.0'
 bell buoy--50 fathoms............
14  De Soto Canyon................       30 deg.06.0'       86 deg.55.0'
15  South of Pensacola............       29 deg.46.0'       87 deg.19.0'
16  South of Perdido Bay..........       29 deg.29.0'       87 deg.27.5'
17  East of North Pass of the            29 deg.14.5'       88 deg.28.0'
 Mississippi River................
18  South of Southwest Pass of the       28 deg.46.5'       89 deg.26.0'
 Mississippi River................
19  Northwest tip of Mississippi         28 deg.38.5'       90 deg.08.5'
 Canyon...........................
20  West side of Mississippi             28 deg.34.5'       89 deg.59.5'
 Canyon...........................
21  South of Timbalier Bay........       28 deg.22.5'       90 deg.02.5'
22  South of Terrebonne Bay.......       28 deg.10.5'       90 deg.31.5'
23  South of Freeport.............       27 deg.58.0'       95 deg.00.0'

[[Page 164]]

 
24  Off Matagorda Island..........       27 deg.43.0'       96 deg.02.0'
25  Off Aransas Pass..............       27 deg.30.0'       96 deg.23.5'
26  Northeast of Port Mansfield...       27 deg.00.0'       96 deg.39.0'
27  East of Port Mansfield........       26 deg.44.0'       96 deg.37.5'
28  Northeast of Port Isabel......       26 deg.22.0'       96 deg.21.0'
29  U.S./Mexico EEZ boundary......       26 deg.00.5'      96 deg.24.5'
Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of
 Texas' waters.
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
  submarine area.


 Table 2 of Appendix B to Part 622.--Seaward Coordinates of the Stressed
                                  Area
------------------------------------------------------------------------
 Point No. and reference location
                \1\                     North lat.         West long.
------------------------------------------------------------------------
1  Seaward limit of Florida's            24 deg.45.5'       82 deg.41.5'
 waters northeast of Dry Tortugas.
2  North of Marquesas Keys........       24 deg.48.0'       82 deg.06.5'
3  Off Cape Sable.................       25 deg.15.0'       82 deg.02.0'
4  Off Sanibel Island--Inshore....       26 deg.26.0'       82 deg.29.0'
5  Off Sanibel Island--Offshore...       26 deg.26.0'       82 deg.59.0'
6  West of Egmont Key.............       27 deg.30.0'       83 deg.21.5'
7  Off Anclote Keys--Offshore.....       28 deg.10.0'       83 deg.45.0'
8  Off Anclote Keys--Inshore......       28 deg.10.0'       83 deg.14.0'
9  Off Deadman Bay................       29 deg.38.0'       84 deg.00.0'
10  Seaward limit of Florida's           29 deg.35.5'       84 deg.38.6'
 waters east of Cape St. George...
Thence westerly along the seaward
 limit of Florida's waters to:
11  Seaward limit of Florida's           29 deg.32.2'       85 deg.27.1'
 waters south of Cape San Blas....
12  Southwest of Cape San Blas....       29 deg.30.5'       85 deg.52.0'
13  Off St. Andrew Bay............       29 deg.53.0'       86 deg.10.0'
14  De Soto Canyon................       30 deg.06.0'       86 deg.55.0'
15  South of Florida/Alabama             29 deg.34.5'       87 deg.38.0'
 border...........................
16  Off Mobile Bay................       29 deg.41.0'       88 deg.00.0'
17  South of Alabama/Mississippi         30 deg.01.5'       88 deg.23.7'
 border...........................
18  Horn/Chandeleur Islands.......       30 deg.01.5'       88 deg.40.5'
19  Chandeleur Islands............       29 deg.35.5'       88 deg.37.0'
20  Seaward limit of Louisiana's         29 deg.16.3'       89 deg.00.0'
 waters off North Pass of the
 Mississippi River................
Thence southerly and westerly
 along the seaward limit of
 Louisiana's waters to:
21  Seaward limit of Louisiana's         28 deg.57.3'       89 deg.28.2'
 waters off Southwest Pass of the
 Mississippi River................
22  Southeast of Grand Isle.......       29 deg.09.0'       89 deg.47.0'
23  Quick flashing horn buoy south       28 deg.32.5'       90 deg.42.0'
 of Isles Dernieres...............
24  Southeast of Calcasieu Pass...       29 deg.10.0'       92 deg.37.0'
25  South of Sabine Pass--10             29 deg.09.0'       93 deg.41.0'
 fathoms..........................
26  South of Sabine Pass--30             28 deg.21.5'       93 deg.28.0'
 fathoms..........................
27  East of Aransas Pass..........       27 deg.49.0'       96 deg.19.5'
28  East of Baffin Bay............       27 deg.12.0'       96 deg.51.0'
29  Northeast of Port Mansfield...       26 deg.46.5'       96 deg.52.0'
30  Northeast of Port Isabel......       26 deg.21.5'       96 deg.35.0'
31  U.S./Mexico EEZ boundary......       26 deg.00.5'       96 deg.36.0'
Thence westerly along U.S./Mexico
 EEZ boundary to the seaward limit
 of Texas' waters ................
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
  submarine area.

            Appendix C to Part 622--Fish Length Measurements

[[Page 165]]

[GRAPHIC] [TIFF OMITTED] TR03JY96.000

           Figure 1 of Appendix C to Part 622--Carapace Length

[[Page 166]]

[GRAPHIC] [TIFF OMITTED] TR03JY96.001

   Figure 2 of Appendix C to Part 622--Fork Length, Total Length, and 
                  Length for Deheaded Greater Amberjack

[[Page 167]]

        Appendix D to Part 622--Specifications for Certified BRDs

    A. Extended Funnel.
    1. Description. The extended funnel BRD consists of an extension 
with large-mesh webbing in the center (the large-mesh escape section) 
and small-mesh webbing on each end held open by a semi-rigid hoop. A 
funnel of small-mesh webbing is placed inside the extension to form a 
passage for shrimp to the codend. It also creates an area of reduced 
water flow to allow for fish escapement through the large mesh. One side 
of the funnel is extended vertically to form a lead panel and area of 
reduced water flow. There are two sizes of extended funnel BRDs, a 
standard size and an inshore size for small trawls.
    2. Minimum Construction and Installation Requirements for Standard 
Size.
    (a) Extension Material. The small-mesh sections used on both sides 
of the large-mesh escape section are constructed of 1\5/8\ inch (4.13 
cm), No. 30 stretched mesh, nylon webbing. The front section is 120 
meshes around by 6\1/2\ meshes deep. The back section is 120 meshes 
around by 23 meshes deep.
    (b) Large-Mesh Escape Section. The large-mesh escape section is 
constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, webbing. 
This section is cut on the bar to form a section that is 15 inches (38.1 
cm) in length by 95 inches (241.3 cm) in circumference. The leading edge 
is attached to the 6\1/2\-mesh extension section and the rear edge is 
attached to the 23-mesh extension section.
    (c) Funnel. The funnel is constructed of 1\1/2\ inch (3.81 cm), 
stretched mesh, No. 30 depth-stretched and heat-set polyethylene 
webbing. The circumference of the leading edge is 120 meshes and the 
back edge is 78 meshes. The short side of the funnel is 34 to 36 inches 
(86.4 to 91.4 cm) long and the opposite side of the funnel extends an 
additional 22 to 24 inches (55.9 to 61.0 cm). The circumference of the 
leading edge of the funnel is attached to the forward small-mesh section 
three meshes forward of the large-mesh escape section and is evenly 
sewn, mesh for mesh, to the small-mesh section. The after edge of the 
funnel is attached to the after small-mesh section at its top and bottom 
eight meshes back from the large-mesh escape panel. Seven meshes of the 
top and seven meshes of the bottom of the funnel are attached to eight 
meshes at the top and bottom of the small-mesh section, such eight 
meshes being located immediately adjacent to the top and bottom centers 
of the small-mesh section on the side of the funnel's extended side. The 
extended side of the funnel is sewn at its top and bottom to the top and 
bottom of the small-mesh section, extending at an angle toward the top 
and bottom centers of the small-mesh section.
    (d) Semi-Rigid Hoop. A 30-inch (76.2-cm) diameter hoop constructed 
of plastic-coated trawl cable, swaged together with a \3/8\-inch (9.53-
mm) micropress sleeve, is installed five meshes behind the trailing edge 
of the large-mesh escape section. The extension webbing must be laced to 
the ring around the entire circumference and must be equally distributed 
on the hoop, that is, 30 meshes must be evenly attached to each 
quadrant.
    (e) Installation. The extended funnel BRD is attached 8 inches (20.3 
cm) behind the posterior edge of the TED. If it is attached behind a 
soft TED, a second semi-rigid hoop, as prescribed in paragraph A.2.(d), 
must be installed in the front section of the BRD extension webbing at 
the leading edge of the funnel. The codend of the trawl net is attached 
to the trailing edge of the BRD.
    3. Minimum Construction and Installation Requirements for Inshore 
Size.
    (a) Extension Material. The small-mesh sections used on both sides 
of the large-mesh escape section are constructed of 1\3/8\ inch (3.5 
cm), No. 18 stretched mesh, nylon webbing. The front section is 120 
meshes around by 6\1/2\ meshes deep. The back section is 120 meshes 
around by 23 meshes deep.
    (b) Large-Mesh Escape Section. The large-mesh escape section is 
constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, webbing. 
This section is cut on the bar to form a section that is 15 inches (38.1 
cm) by 75 inches (190.5 cm) in circumference. The leading edge is 
attached to the 6\1/2\-mesh extension section and the rear edge is 
attached to the 23-mesh extension section.
    (c) Funnel. The funnel is constructed of 1\3/8\ inch (3.5 cm), 
stretched mesh, No. 18 depth-stretched and heat-set polyethylene 
webbing. The circumference of the leading edge is 120 meshes and the 
back edge is 78 meshes. The short side of the funnel is 30 to 32 inches 
(76.2 to 81.3 cm) long and the opposite side of the funnel extends an 
additional 20 to 22 inches (50.8 to 55.9 cm). The circumference of the 
leading edge of the funnel is attached to the forward small-mesh section 
three meshes forward of the large-mesh escape section and is evenly 
sewn, mesh for mesh, to the small-mesh section. The after edge of the 
funnel is attached to the after small-mesh section at its top and bottom 
eight meshes back from the large-mesh escape panel. Seven meshes of the 
top and seven meshes of the bottom of the funnel are attached to eight 
meshes at the top and bottom of the small-mesh section, such eight 
meshes being located immediately adjacent to the top and bottom centers 
of the small-mesh section on the side of the funnel's extended side. The 
extended side of the funnel is sewn at its top and bottom to the top and 
bottom of the small-mesh section, extending at an angle toward the top 
and bottom centers of the small-mesh section.

[[Page 168]]

    (d) Semi-Rigid Hoop. A 24-inch (61.0-cm) diameter hoop constructed 
of plastic-coated trawl cable, swaged together with a \3/8\-inch (9.53-
mm) micropress sleeve, is installed five meshes behind the trailing edge 
of the large mesh section. The extension webbing must be laced to the 
ring around the entire circumference and must be equally distributed on 
the hoop, that is, 30 meshes must be evenly attached to each quadrant.
    (e) Installation. The extended funnel BRD is attached 8 inches (20.3 
cm) behind the posterior edge of the TED. If it is attached behind a 
soft TED, a second semi-rigid hoop, as prescribed in paragraph A.3.(d), 
must be installed in the front section of the BRD extension webbing at 
the leading edge of the funnel. The codend of the trawl net is attached 
to the trailing edge of the BRD.
    B. Expanded Mesh. The expanded mesh BRD is constructed and installed 
exactly the same as the standard size extended funnel BRD, except that 
one side of the funnel is not extended to form a lead panel.
    C. Fisheye.
    1. Description. The fisheye BRD is a cone-shaped rigid frame 
constructed from aluminum or steel rod of at least \1/4\ inch diameter, 
which is inserted into the codend to form an escape opening. Fisheyes of 
several different shapes and sizes have been tested in different 
positions in the codend.
    2. Minimum Construction and Installation Requirements. The fisheye 
has a minimum opening dimension of 5 inches (12.7 cm) and a minimum 
total opening area of 36 square inches (91.4 square cm). The fisheye 
must be installed at the top center of the codend of the trawl to create 
an opening in the trawl facing in the direction of the mouth of the 
trawl no further forward than 11 ft (3.4 m) from the codend drawstring 
(tie-off rings) or 70 percent of the distance between the codend 
drawstring and the forward edge of the codend, excluding any extension, 
whichever is the shorter distance.

[62 FR 18539, Apr. 16, 1997]

    Effective Date Note: At 63 FR 27500, May 19, 1998, Appendix D to 
part 622 was amended by adding paragraphs D and E, effective May 14, 
1998, through Nov. 16, 1998. For the convenience of the user, paragraphs 
D and E are set forth as follows:

        Appendix D to Part 622--Specifications for Certified BRDs

                                * * * * *

    D. Gulf fisheye.
    1. Description. The Gulf fisheye BRD is a cone-shaped rigid frame 
constructed from aluminum or steel that is inserted into the top center 
of the codend, or is offset not more than 15 meshes perpendicular to the 
top center of the codend, to form an escape opening.
    2. Minimum Construction and Installation Requirements. The Gulf 
fisheye is a cone-shaped rigid frame constructed of aluminum or steel 
rods. The rods must be at least 1/4-inch (6.35-mm) diameter. Any 
dimension of the escape opening must be at least 5.0 inches (12.7 cm), 
and the total escape opening area must be at least 36.0 in2 
(232.3 cm2). The Gulf fisheye must be installed in the codend 
of the trawl to create an escape opening in the trawl, facing in the 
direction of the mouth of the trawl, no further forward than 12.5 ft 
(3.81 m) and no less than 8.5 ft (2.59 m) from the codend tie-off rings. 
The Gulf fisheye may not be offset more than 15 meshes perpendicular to 
the top center of the codend.
    E. Jones-Davis.
    1. Description. The Jones-Davis BRD is similar to the expanded mesh 
and the extended funnel BRDs except that the fish escape openings are 
windows cut around the funnel rather than large-mesh sections. In 
addition, a webbing cone fish deflector is installed behind the funnel.
    2. Minimum Construction and Installation Requirements. The Jones-
Davis BRD must contain all of the following.
    (a) Webbing extension. The webbing extension must be constructed 
from a single piece of 1 5/8-inch (3.5-cm) stretch mesh number 30 nylon 
42 meshes by 120 meshes. A tube is formed from the extension webbing by 
sewing the 42-mesh side together.
    (b) 28-inch (71.1-cm) cable hoop. A single hoop must be constructed 
of \1/2\-inch (1.3-cm) steel cable 88 inches (223.5 cm) in length. The 
cable must be joined at its ends by a 3-inch (7.6-cm) piece of \1/2\-
inch (1.3-cm) aluminum pipe and pressed with a 3/8-inch (0.95-cm) die to 
form a hoop. The inside diameter of this hoop must be between 27 and 29 
inches (68.6 and 73.7 cm). The hoop must be attached to the extension 
webbing 17 \1/2\ meshes behind the leading edge. The extension webbing 
must be quartered and attached in four places around the hoop, and every 
other mesh must be attached all the way around the hoop using number 24 
twine or larger. The hoop must be laced with 3/8-inch (0.95-cm) 
polypropylene or polyethylene rope for chaffing.
    (c) 24-inch (61.0-cm) cable hoop. A single hoop must be constructed 
of 3/8-inch (0.95-cm) steel cable 75 \1/2\ inches (191.8 cm) in length. 
The cable must be joined at its ends by a 3-inch (7.6-cm) piece of 3/8-
inch (0.95-cm) aluminum pipe and pressed together with a 1/4-inch (0.64-
cm) die to form a hoop. The inside diameter of this hoop must be between 
23 and 25 inches (58.4 and 63.4 cm). The hoop must be attached to the 
extension webbing 39 meshes behind the leading edge. The extension 
webbing must be quartered and attached in four places around the hoop, 
and every other mesh must be attached all the

[[Page 169]]

way around the hoop using number 24 twine or larger. The hoop must be 
laced with 3/8-inch (0.95-cm) polypropylene or polyethylene rope for 
chaffing.
    (d) Funnel. The funnel must be constructed from four sections of 1 
\1/2\-inch (3.8-cm) heat-set and depth-stretched polypropylene or 
polyethylene webbing. The two side sections must be rectangular in 
shape, 29 \1/2\ meshes on the leading edge by 23 meshes deep. The top 
and bottom sections are 29 \1/2\ meshes on the leading edge by 23 meshes 
deep and tapered 1 point 2 bars on both sides down to 8 meshes across 
the back. The four sections must be sewn together down the 23-mesh edge 
to form the funnel.
    (e) Attachment of the funnel in the webbing extension. The funnel 
must be installed two meshes behind the leading edge of the extension 
starting at the center seam of the extension and the center mesh of the 
funnel's top section leading edge. On the same row of meshes, the funnel 
must be sewn evenly all the way around the inside of the extension. The 
funnel's top and bottom back edges must be attached one mesh behind the 
28-inch (71.1-cm) cable hoop (front hoop). Starting at the top center 
seam, the back edge of the top funnel section must be attached four 
meshes each side of the center. Counting around 60 meshes from the top 
center, the back edge of the bottom section must be attached 4 meshes on 
each side of the bottom center. Clearance between the side of the funnel 
and the 28-inch (71.1-cm) cable hoop (front hoop) must be at least 6 
inches (15.2 cm) when measured in the hanging position.
    (f) Cutting the escape openings. The leading edge of the escape 
opening must be located within 18 inches (45.7 cm) of the posterior edge 
of the turtle excluder device (TED) grid. The area of the escape opening 
must total at least 864 in2 (5,574.2 cm2). Two 
escape openings 10 meshes wide by 13 meshes deep must be cut 6 meshes 
apart in the extension webbing, starting at the top center extension 
seam, 3 meshes back from the leading edge and 16 meshes to the left and 
to the right (total of four openings). The four escape openings must be 
double selvaged for strength.
    (g) Cone fish deflector. The cone fish deflector is constructed of 2 
pieces of 1 5/8-inch (4.13-cm) polypropylene or polyethylene webbing, 40 
meshes wide by 20 meshes in length and cut on the bar on each side 
forming a triangle. Starting at the apex of the two triangles, the two 
pieces must be sewn together to form a cone of webbing. The apex of the 
cone fish deflector must be positioned within 10-14 inches (25.4-35.6 
cm) of the posterior edge of the funnel.
    (h) 11-inch (27.9-cm) cable hoop for cone deflector. A single hoop 
must be constructed of 5/16-inch (0.79-cm)or 3/8-inch (0.95-cm) cable 34 
\1/2\ inches (87.6 cm) in length. The ends must be joined by a 3-inch 
(7.6-cm) piece of 3/8-inch (0.95-cm) aluminum pipe pressed together with 
a 1/4-inch (0.64-cm) die. The hoop must be inserted in the webbing cone, 
attached 10 meshes from the apex and laced all the way around with heavy 
twine.
    (i) Installation of the cone in the extension. The cone must be 
installed in the extension 12 inches (30.5 cm) behind the back edge of 
the funnel and attached in four places. The midpoint of a piece of 
number 60 twine 4 ft (1.22 m) in length must be attached to the apex of 
the cone. This piece of twine must be attached to the 28-inch (71.1-cm) 
cable hoop at the center of each of its sides; the points of attachment 
for the two pieces of twine must be measured 20 inches (50.8 cm) from 
the midpoint attachment. Two 8-inch (20.3-cm) pieces of number 60 twine 
must be attached to the top and bottom of the 11-inch (27.9-cm) cone 
hoop. The opposite ends of these two pieces of twine must be attached to 
the top and bottom center of the 24-inch (61-cm) cable hoop; the points 
of attachment for the two pieces of twine must be measured 4 inches 
(10.2 cm) from the points where they are tied to the 11-inch (27.9-cm) 
cone hoop.



PART 630--ATLANTIC SWORDFISH FISHERY--Table of Contents




                      Subpart A--General Provisions

Sec.
630.1  Purpose and scope.
630.2  Definitions.
630.3  Relation to other laws.
630.4  Permits and fees.
630.5  Recordkeeping and reporting.
630.6  Vessel identification.
630.7  Prohibitions.
630.8  Facilitation of enforcement.
630.9  Penalties.
630.10  At-sea observer coverage.

                     Subpart B--Management Measures

630.20  Fishing year.
630.21  Restrictions on transfer, offloading, and sale.
630.22  Gear restrictions.
630.23  Harvest limitations.
630.24  Quotas.
630.25  Closures and incidental limits.
630.26  Specifically authorized activities.

              Subpart C--Restrictions on Swordfish Imports

630.40  Applicability.

                       Subpart D--Donation Program

630.50  Purpose.
630.51  Participation.
630.52  Termination.

[[Page 170]]

                            Figures--Part 630

Figure 1--Cleithrum to keel (CK) measurement of swordfish.

    Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 971 et seq.

    Source: 50 FR 33956, Aug. 22, 1985, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 630.1  Purpose and scope.

    (a) The purpose of this part is to implement--
    (1) The Fishery Management Plan for the Atlantic Swordfish Fishery 
under the Magnuson Act; and
    (2) The recommendations of the International Commission for the 
Conservation of Atlantic Tunas, as they relate to conservation and 
management of swordfish, under the Atlantic Tunas Convention Act.
    (b) This part governs the conservation and management of the North 
Atlantic and South Atlantic swordfish stocks.
    (c) Regulations governing fishing by vessels other than vessels of 
the United States shoreward of the outer boundary of the EEZ are 
published at 50 CFR part 611 subpart A, and Secs. 611.60 and 611.61.

[56 FR 65016, Dec. 13, 1991, as amended at 62 FR 55361, Oct. 24, 1997]



Sec. 630.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 620.2 
of this chapter, the terms used in this part have the following 
meanings:
    Carcass or dressed means a fish that has been gutted and the head 
and fins have been removed, but is otherwise in whole condition.
    Dealer means the person who first receives from a fishing vessel, by 
way of purchase, barter, or trade, swordfish harvested from the Atlantic 
Ocean.
    Drift gillnet, sometimes called a drift entanglement net or drift 
net, means a flat net, unattached to the ocean bottom, whether or not it 
is attached to a vessel, designed to be suspended vertically in the 
water to entangle the head or other body parts of fish that attempt to 
pass through the meshes.
    Gangion means one of the lines that bear hooks and which is attached 
at intervals along the main line of a longline. (Synonymous with 
leader.)
    Handline gear means a fishing line set and pulled by hand that 
remains attached to a fishing vessel during fishing.
    Land or landed means to arrive in port or at a dock, berth, beach, 
seawall, or ramp.
    North Atlantic swordfish stock means those swordfish in the Atlantic 
Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5 deg. 
N. lat.
    Pelagic longline means a type of fishing gear consisting of a length 
of line suspended horizontally in the water above the bottom from lines 
attached to surface floats and to which gangions and hooks are attached.
    Recreational fishery means the harvest of swordfish from a vessel 
with only rod and reel fishing gear aboard.
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive North, St. Petersburg, FL 33702-2432; telephone 
813-570-5301, or a designee.
    Rod and reel means a hand-held (including rod-holder) fishing rod 
with a manually or electrically operated reel attached.
    Science and Research Director means the Science and Research 
Director, Southeast Fisheries Science Center, NMFS, 75 Virginia Beach 
Drive, Miami, FL 33149, telephone 305-361-5761, or a designee.
    South Atlantic swordfish stock means those swordfish in the Atlantic 
Ocean, south of 5 deg. N. lat.
    Swordfish means a fish of the species Xiphias gladius.
    Trip means a fishing trip, regardless of number of days duration, 
that begins with departure from a port, dock, berth, beach, seawall, or 
ramp and that terminates with return to a port, dock, berth, beach, 
seawall, or ramp.
    Trip limit means the total allowable take from a single trip as 
defined in this section.
    Whole, when referring to swordfish, means a fish that is not gutted 
and the head and fins are intact.

[50 FR 33956, Aug. 22, 1985; 50 FR 35563, Sept. 3, 1985, as amended at 
53 FR 24655, June 29, 1988; 53 FR 27694, July 22, 1988; 55 FR 35645, 
Aug. 31, 1990; 56 FR 65016, Dec. 13, 1991; 60 FR 46778, Sept. 8, 1995; 
62 FR 55361, Oct. 24, 1997]

[[Page 171]]



Sec. 630.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 620.3 of this chapter and paragraph (b) of this section.
    (b) In accordance with regulations issued under the Marine Mammal 
Protection Act of 1972, as amended, it is unlawful for a commercial 
fishing vessel, a vessel owner, or a master or operator of a vessel to 
engage in a longline or gillnet swordfish fishery in the Atlantic Ocean 
(including the Gulf of Mexico and Caribbean Sea) unless the vessel owner 
or authorized representative has complied with specified requirements 
including, but not limited to, registration, exemption certificates, 
decals, and reports, as contained in 50 CFR part 229.

[56 FR 59222, Nov. 25, 1991]



Sec. 630.4  Permits and fees.

    (a) Applicability--(1) Annual vessel permit. The owner of a vessel 
of the United States that fishes for or possesses swordfish from the 
north or south Atlantic swordfish stocks, or takes such swordfish as 
incidental catch, regardless of whether retained, must have been issued 
a valid swordfish vessel permit under paragraph (e) of this section 
unless such vessel fishes exclusively in the recreational fishery and/or 
fishes exclusively shoreward of the outer boundary of the EEZ around 
Puerto Rico and the Virgin Islands with only handline gear on board.
    (2) Annual dealer permit. A dealer in the United States who first 
receives from a vessel of the United States swordfish harvested from the 
north or south Atlantic swordfish stocks must have been issued a valid 
dealer permit under paragraph (e) of this section.
    (b) Application for an annual vessel permit. (1) An application for 
an annual vessel permit under this section must be signed by the owner 
and submitted to the Regional Director. The application must be 
submitted at least 30 days prior to the date on which the applicant 
desires to have the permit made effective. An application form is 
available from the Regional Director and must contain the following 
information:
    (i) Vessel owner's name, mailing address, and telephone number;
    (ii) If the vessel owner is a corporation or a partnership, the 
names, addresses, and dates of birth of the two principal shareholders 
or partners;
    (iii) Vessel's name, official number, home port, net tonnage, 
length, and type and amount of gear used;
    (iv) Any other information concerning vessel and gear 
characteristics requested by the Regional Director; and
    (v) Any other information requested by the Regional Director that 
may be necessary for the issuance or administration of the permit.
    (2) The application must be accompanied by a copy of the vessel's 
U.S. Coast Guard certificate of documentation or, if not documented, a 
copy of its state registration certificate.
    (c) Application for an annual dealer permit. (1) An application for 
a dealer permit must be submitted and signed by the dealer or an officer 
of a corporation acting as a dealer. The application must be submitted 
to the Regional Director at least 30 days prior to the date on which the 
applicant desires to have the permit made effective.
    (2) A permit applicant must provide the following information:
    (i) A copy of each state wholesaler's license held by the dealer;
    (ii) Business name, mailing address including zip code of the 
principal office of the business, and employer identification number, if 
one has been assigned by the Internal Revenue Service;
    (iii) The address of each physical facility at a fixed location 
where the business receives fish;
    (iv) Name, official capacity in the business, mailing address 
including zip code, telephone number, social security number, and date 
of birth of the applicant; and
    (v) If the applicant is a corporation or partnership, the names, 
addresses, and dates of birth of the two principal shareholders or 
partners.
    (d) Fees. A fee is charged for each annual vessel permit issued 
under paragraph (b) of this section and for each annual dealer permit 
issued under paragraph (c) of this section. The amount of the fees is 
calculated, at least annually, in accordance with the

[[Page 172]]

procedures of the NOAA Finance Handbook for determining the 
administrative costs of each special product or service, and may not 
exceed such costs. Applicable fees are specified with the application 
form and must be remitted with each application.
    (e) Issuance. (1) The Regional Director will issue a permit at any 
time to an applicant if the application is complete. An application is 
complete when all requested forms, information, and documentation have 
been received and the applicant has submitted all applicable reports 
specified at Sec. 630.5.
    (2) Upon receipt of an incomplete application, the Regional Director 
will notify the applicant of the deficiency. If the applicant fails to 
correct the deficiency within 90 days of the date of the Regional 
Director's letter of notification, the application will be considered 
abandoned.
    (f) Duration. A permit remains valid for the remainder of the period 
for which it is issued unless revoked, suspended, or modified pursuant 
to subpart D of 15 CFR part 904.
    (g) Transfer. (1) A vessel permit issued under paragraph (b) of this 
section is not transferable or assignable. A person purchasing a 
permitted vessel who desires to conduct activities for which a permit is 
required must apply for a permit in accordance with the provisions of 
paragraph (b) of this section. The application must be accompanied by a 
copy of a signed bill of sale.
    (2) A dealer permit issued under paragraph (c) of this section may 
be transferred upon sale of the dealer's business. However, such 
transferred permit remains valid for a period not exceeding 30 days 
after sale of the dealer's business. A person purchasing a permitted 
dealership who desires to conduct activities for which a permit is 
required after that 30 day period must apply promptly for a permit in 
accordance with the provisions of paragraph (c) of this section.
    (h) Display. A vessel permit issued under paragraph (b) of this 
section must be carried on board the fishing vessel and such vessel must 
be identified as provided for in Sec. 630.6. A dealer permit issued 
under paragraph (c) of this section must be available on the dealer's 
premises. The operator of a fishing vessel or a dealer must present the 
permit for inspection upon request of an authorized officer.
    (i) Sanctions and denials. A permit issued pursuant to this section 
may be revoked, suspended, or modified, and a permit application may be 
denied, in accordance with the procedures governing enforcement-related 
permit sanctions and denials found at subpart D of 15 CFR part 904.
    (j) Alteration. A permit that is altered, erased, or mutilated is 
invalid.
    (k) Replacement. A replacement permit may be issued. An application 
for a replacement permit will not be considered a new application. A 
fee, the amount of which is stated with the application form, must 
accompany each request for a replacement permit.
    (l) Change in application information. The owner of a vessel with a 
permit or a dealer with a permit must notify the Regional Director 
within 30 days after any change in the application information required 
by paragraph (b) or (c) of this section. The permit is void if any 
change in the information is not reported within 30 days.

[56 FR 65016, Dec. 13, 1991, as amended at 62 FR 55361, Oct. 24, 1997]



Sec. 630.5  Recordkeeping and reporting.

    (a) Fishing vessel reports. (1) The owner and operator of a vessel 
for which a vessel permit has been issued under Sec. 630.4 must ensure 
that a daily logbook form is maintained of the vessel's swordfishing 
effort, catch, and disposition on logbook forms available from the 
Science and Research Director. Such forms must be submitted to the 
Science and Research Director postmarked not later than the 7th day 
after sale of the swordfish off-loaded from a trip. If no fishing 
occurred during a month, a report so stating must be submitted in 
accordance with instructions provided with the logbook forms. Logbooks 
must be kept on board the vessel at all times.
    (2) The owner or operator of a vessel for which a vessel permit has 
been issued under Sec. 630.4 must insure that copies of tally sheets are 
submitted for all swordfish off-loaded and for other species off-loaded 
with the swordfish, including, but not limited to, shark,

[[Page 173]]

yellowfin tuna, bigeye tuna, and albacore. Each tally sheet must show 
the dealer to whom swordfish and other species were transferred, the 
date transferred, and the carcass weight of each swordfish transferred 
and of each of the other species for which individual carcass weights 
are normally recorded, including, but not limited to, shark, yellowfin 
tuna, bigeye tuna, and albacore. For species not individually weighed, 
tally sheets must record total weights by market category. Copies of 
tally sheets must be submitted with the logbook forms required under 
paragraph (a)(1) of this section.
    (b) Dealer reports. (1) A dealer who has been issued a dealer permit 
under Sec. 630.4 must submit a report to the Science and Research 
Director twice each month. A report form is available from the Science 
and Research Director. The following information must be included in 
each report:
    (i) Name, address, and permit number of the dealer;
    (ii) Names and official numbers of fishing vessels from which 
swordfish were received;
    (iii) Dates of receipt of swordfish; and
    (iv) Listed by each port and county where swordfish were off-loaded 
from fishing vessels:
    (A) Total weight (pounds) by market category for swordfish, and for 
other species received with the swordfish, including, but not limited 
to, shark, yellowfin tuna, bigeye tuna, and albacore; and
    (B) Price per pound or total value paid by market category for 
swordfish and other species, to the extent that such price information 
is known at the time of reporting.
    (2) A report of swordfish and other applicable species received by a 
dealer on the 1st through the 15th days of each month must be submitted 
to the Science and Research Director postmarked not later than the 20th 
day of that month. A report of swordfish received by a dealer on the 
16th through the last day of each month must be submitted to the Science 
and Research Director postmarked not later than the 5th day of the 
following month. If no swordfish were received during a reporting 
period, a report so stating must be submitted postmarked as specified 
for that respective reporting period.
    (3) The reporting requirement of paragraph (b)(1) of this section 
may be satisfied by providing a copy of each appropriate weigh-out sheet 
and/or sales record, provided such weigh-out sheet and/or sales record, 
by itself or combined with the form available from the Science and 
Research Director, includes all of the required information.
    (4) For the purposes of paragraph (b) of this section, for a 
swordfish off-loaded from a fishing vessel in an Atlantic coastal state 
from Maine through Virginia, Science and Research Director means the 
Science and Research Director, Northeast Fisheries Science Center, NMFS, 
Woods Hole, MA 02543, telephone 617-548-5123, or a designee. For a 
swordfish off-loaded from a fishing vessel in an Atlantic coastal state 
from Maine through Virginia, in lieu of providing a required report to 
the Science and Director by mail, as specified in paragraph (b)(2) of 
this section, a dealer may provide a report to a state or Federal 
fishery port agent designated by the Science and Research Director. 
Reports so provided must be delivered to such port agent not later than 
the prescribed post mark date for submitting each such report.

[56 FR 65017, Dec. 13, 1991, as amended at 61 FR 27307, May 31, 1996]



Sec. 630.6  Vessel identification.

    (a) Official number. A vessel for which a permit is required by 
Sec. 630.4 must display its official number--
    (1) On the port and starboard sides of the deckhouse or hull and on 
an appropriate weather deck so as to be clearly visible from an 
enforcement vessel or aircraft;
    (2) In block arabic numerals in contrasting color to the background;
    (3) At least 18 inches in height for vessels over 65 feet in length 
and at least 10 inches in height for all other vessels; and
    (4) Permanently affixed to or painted on the vessel.
    (b) Duties of operator. The operator of each fishing vessel must--
    (1) Keep the official number clearly legible and in good repair, and
    (2) Ensure that no part of the fishing vessel, its rigging, its 
fishing gear, or

[[Page 174]]

anything carried aboard obstructs the view of the official number from 
any enforcement vessel or aircraft.

[50 FR 33956, Aug. 22, 1985, as amended at 53 FR 27694, July 22, 1988]



Sec. 630.7  Prohibitions.

    In addition to the general prohibitions specified in Sec. 620.7 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Fish for, possess, retain, or land swordfish without a valid 
permit aboard a vessel when such permit is required under 
Sec. 630.4(a)(1).
    (b) Purchase, sell, barter, or trade or attempt to purchase, sell, 
barter, or trade a swordfish taken by a vessel that does not have a 
valid permit when such permit is required under Sec. 630.4(a)(1) and as 
specified in Sec. 630.21(b).
    (c) Sell, barter or trade or attempt to sell, barter, or trade a 
swordfish harvested from or possessed in the North Atlantic Ocean north 
of 5 deg. N. latitude, including the Gulf of Mexico and Caribbean Sea, 
to a dealer without a valid dealer permit issued under Sec. 630.4(e).
    (d) As a dealer, purchase, barter, or trade or attempt to purchase, 
barter, or trade a swordfish without an annual dealer permit, as 
specified in Sec. Sec. 630.4(a)(2) and 630.21(c).
    (e) Falsify information required on an application for a permit 
submitted under Sec. 630.4 (b) or (c).
    (f) Fail to display a permit, as required by Sec. 630.4(h).
    (g) Falsify or fail to maintain or submit information required to be 
maintained or submitted, as specified in Sec. 630.5 (a) or (b).
    (h) Falsify or fail to affix and maintain vessel markings, as 
specified in Sec. 630.6.
    (i) Fail to embark an observer on a trip when selected, as specified 
in Sec. 630.10(a).
    (j) Falsify or fail to provide requested information regarding a 
vessel's trip, as specified in Sec. 630.10(b).
    (k) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with an NMFS-approved observer aboard a vessel.
    (l) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer conducting his or her 
duties aboard a vessel.
    (m) Fail to provide an observer with the required food, 
accommodations, access, and assistance, as specified in Sec. 630.10(c).
    (n) Transfer a swordfish at sea from or to a fishing vessel, as 
specified in Sec. 630.21(a).
    (o) Sell, purchase, trade, or barter or attempt to sell, purchase, 
trade, or barter a swordfish harvested in the recreational fishery, as 
specified in Sec. 630.21(d).
    (p) Fish for swordfish with a drift gillnet that is 2.5 kilometers 
or more in length or possess a swordfish aboard a vessel possessing such 
drift gillnet, as specified in Sec. 630.22.
    (q) Possess on board a vessel a swordfish that is smaller than the 
minimum size specified in Sec. 630.23(a).
    (r) Possess or land a swordfish in other than whole or dressed form, 
as specified in Sec. 630.23(c).
    (s) During a closure of the drift gillnet, longline, or harpoon 
fisheries under Sec. 630.25(a)(1) or (b), aboard a vessel using or 
having aboard the specified gear, fish for swordfish, or possess or land 
swordfish in excess of the bycatch limits, as specified in 
Sec. 630.25(c).
    (t) Aboard a vessel using or having aboard gear other than drift 
gillnet, longline, or harpoon, fish for swordfish, or possess or land 
swordfish in excess of the bycatch limit, as specified in 
Sec. 630.25(d).
    (u) During a closure of the bycatch fishery under Sec. 630.25(a)(2), 
fish for, possess, or land swordfish, as specified in Sec. 630.25(e).
    (v) Interfere with, obstruct, delay, or prevent by any means, a 
lawful investigation or search in the process of enforcing this part.
    (w) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of a swordfish.
    (x) Violate any provision of this part, the Magnuson Act, the 
Atlantic Tunas Convention Act, or any regulations or permits issued 
under the Magnuson Act or the Atlantic Tunas Convention Act.
    (y) Purchase, sell, trade, or barter, or attempt to purchase, sell, 
trade, or barter, any swordfish or part thereof that

[[Page 175]]

is subject to the donation program in subpart D of this part, as 
specified at Sec. 630.51(b)(9), Sec. 630.51(c)(4), or Sec. 630.51(d)(5).
    (z) Exceed the vessel trip limits specified in Sec. 630.23.
    (aa) [Reserved]
    (bb) Fish for swordfish from the south Atlantic swordfish stock 
using any gear other than pelagic longline, or possess swordfish while 
carrying drift gillnet gear on board south of 5 deg. N. latitude.
    (cc) Fish for, or retain, a swordfish from the south Atlantic 
swordfish stock or to sell, barter or trade or attempt to sell, barter, 
or trade a swordfish harvested from or possessed in the Atlantic Ocean 
south of 5 deg. N. latitude during a closure of the South Atlantic 
swordfish fishery under Sec. 630.25(a)(1).

[56 FR 65018, Dec. 13, 1991, as amended at 57 FR 34265, Aug. 4, 1992; 59 
FR 55064, Nov. 3, 1994; 60 FR 46778, Sept. 8, 1995; 61 FR 27307, May 31, 
1996; 62 FR 30776, June 5, 1997; 62 FR 55361, Oct. 24, 1997]



Sec. 630.8  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.

[53 FR 24656, June 29, 1988]



Sec. 630.9  Penalties.

    See Sec. 620.9 of this chapter.

[53 FR 24656, June 29, 1988]



Sec. 630.10  At-sea observer coverage.

    (a) If a vessel's trip is selected by the Science and Research 
Director for observer coverage, the owner or operator of such vessel 
must accommodate an NMFS-approved observer.
    (b) When notified in writing by the Science and Research Director 
that his vessel has been selected to carry an NMFS-approved observer, an 
owner or operator of a vessel for which a vessel permit has been issued 
under Sec. 630.4 must advise the Science and Research Director in 
writing not less than 5 days in advance of each trip of the following:
    (1) Departure information (port, dock, date, and time); and
    (2) Expected landing information (port, dock, and date).
    (c) An owner or operator of a vessel on which an NMFS-approved 
observer is embarked must--
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew;
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties;
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position;
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store fish; and
    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of fish for that trip.

[56 FR 65018, Dec. 13, 1991]



                     Subpart B--Management Measures

    Source: 56 FR 65019, Dec. 13, 1991, unless otherwise noted.



Sec. 630.20  Fishing Year.

    The fishing year is June 1 through July 31.

[61 FR 27307, May 31, 1996]



Sec. 630.21  Restrictions on transfer, offloading, and sale.

    (a) A swordfish harvested from the north or south Atlantic swordfish 
stocks may not be transferred at sea, regardless of where the transfer 
takes place or where the swordfish was harvested.
    (b) A swordfish harvested from the north Atlantic Swordfish stock 
may be initially sold, traded, or bartered or attempted to be sold, 
traded, or bartered only by an owner or operator of a vessel that has 
been issued a swordfish vessel permit under Sec. 630.4(e), except if the 
swordfish is off-loaded in Puerto Rico or the U.S. Virgin Islands from a 
non-permitted vessel that fished exclusively shoreward of the outer 
boundary of the EEZ around Puerto Rico and the

[[Page 176]]

U.S. Virgin Islands with only handline gear on board.
    (c) A swordfish harvested from the south Atlantic swordfish stock, 
may be initially sold, traded, or bartered or attempted to be sold, 
traded, or bartered only by an owner or operator of a vessel that has 
been issued a vessel permit under Sec. 630.4(e).
    (d) A swordfish harvested from the north Atlantic swordfish stock 
may be initially purchased, traded, or bartered or attempted to be 
purchased, traded, or bartered only by a dealer with a valid dealer 
permit issued under Sec. 630.4(e).
    (e) A swordfish harvested from the north Atlantic swordfish stock by 
persons aboard a vessel in the recreational fishery may not be sold, 
purchased, traded, or bartered or attempted to be sold, purchased, 
traded, or bartered.

[62 FR 55361, Oct. 24, 1997]



Sec. 630.22  Gear restrictions.

    A drift gillnet with a total length of 2.5 kilometers or more may 
not be used to fish for swordfish. A vessel using or having aboard a 
drift gillnet with a total length of 2.5 kilometers or more may not 
possess a swordfish.



Sec. 630.23  Harvest limitations.

    (a) Minimum size. The minimum allowable size for possession on board 
a fishing vessel for a swordfish taken from the north or south Atlantic 
swordfish stocks is 29 inches (73 cm) carcass length, measured along the 
body contour (i.e., a curved measurement) from the cleithrum to the 
anterior portion of the caudal keel (CK measurement) or, if swordfish 
are weighed, 33 lb (15 kg) dressed weight. The cleithrum is the 
semicircular bony structure that forms the posterior edge of the gill 
opening. Measurement must be made at the point on the cleithrum that 
provides the shortest possible CK measurement (Figure 1 to part 630).
    (b) Carcass condition. A swordfish possessed on board a fishing 
vessel of the United States in the Atlantic Ocean, including the Gulf of 
Mexico and the Caribbean Sea, must be in whole or dressed form, and a 
swordfish landed from a fishing vessel of the United States in an 
Atlantic coastal port, including the Gulf of Mexico or Caribbean Sea, 
must be maintained in whole or dressed form through offloading, except 
such swordfish as are damaged by shark bites. A shark-bit swordfish for 
which the remainder of the carcass is less than the minimum size limit 
specified in paragraph (a) of this section may not be landed.
    (c) Vessel trip limits. In 1996, vessels issued a swordfish permit 
under Sec. 630.4 may not land from, or possess during, a single trip 
more than 31,600 lb (14,334 kg) dressed weight of swordfish, unless a 
closure has been effected under Sec. 630.25.

[57 FR 57369, Dec. 4, 1992, as amended at 60 FR 46778, Sept. 8, 1995; 61 
FR 27307, May 31, 1996; 62 FR 55362, Oct. 24, 1997]



Sec. 630.24  Quotas.

    (a) Applicability. (1) A swordfish harvested from the North Atlantic 
swordfish stock by a vessel of the United States in other than the 
recreational fishery is counted against the directed-fishery gear quota 
or the by catch quota. A swordfish harvested by drift gillnet, longline, 
or harpoon and landed before the effective date of a closure for that 
gear, done pursuant to Sec. 630.25(a)(1), is counted against the 
applicable directed-fishery gear quota. After a gear closure, a 
swordfish landed by a vessel using or possessing gear for which a 
bycatch is allowed under Sec. 630.25(c) is counted against the bycatch 
allocation specified in paragraph (c) of this section. Notwithstanding 
the above, a swordfish harvested by a vessel using or possessing gear 
other than drift gillnet, longline, harpoon, or rod and reel is counted 
against the bycatch quota specified in paragraph (c) of this section at 
all times.
    (2) A swordfish harvested from the south Atlantic swordfish stock by 
a vessel subject to the jurisdiction of the United States is counted 
against the directed-fishery quota for the south Atlantic.
    (3) A swordfish possessed on board or offloaded from a vessel that 
used or had on board a driftnet during its current or most recent 
fishing trip in waters of the North and/or South Atlantic Oceans 
(including the Gulf of Mexico and Caribbean Sea) will be deemed to have 
been harvested by a driftnet.

[[Page 177]]

    (b) Directed-fishery quotas. (1) The annual directed fishery quota 
for the North Atlantic swordfish stock for the period June 1, 1998, 
through May 31, 1999, is 2,098.6 mt dw, of which 2,057 mt dw is 
allocated for the longline/harpoon fishery and 41.6 mt dw is allocated 
for the driftnet fishery. The allocation for the longline/harpoon 
fishery is divided into two equal semiannual quotas of 1,028.5 mt dw, 
one for the period June 1 through November 30, 1998, and the other for 
the period December 1, 1998, through May 31, 1999.
    (2) The annual directed fishery quota for the North Atlantic 
swordfish stock for the period June 1, 1999, through May 31, 2000, is 
2,033.2 mt dw, of which 1,993 mt dw is allocated for the longline/
harpoon fishery and of which 40.2 mt dw is allocated for the drift 
gillnet fishery. The allocation for the longline/harpoon fishery is 
divided into two equal semiannualquotas of 996.5 mt dw, one for the 
period June 1 through November 30, 1999, and the other for the period 
December 1, 1999, through May 31, 2000.
    (3) The annual directed fishery quota for the South Atlantic 
swordfish stock for the period June 1, 1998, through May 31, 1999, is 
289 mt dw.
    (4) The annual directed fishery quota for the South Atlantic 
swordfish stock for the period June 1, 1999, through May 31, 2000, is 
289 mt dw.
    (5) The annual directed fishery quota for the South Atlantic 
swordfish stock for the period June 1, 2000, through May 31, 2001, is 
289 mt dw.
    (c) Incidental catch quota. The annual bycatch quota for the north 
Atlantic swordfish stock is 300 mt dw; no incidental harvest is 
authorized for the south Atlantic swordfish stock.
    (d) Annual adjustments. (1) As necessary, NMFS will reevaluate the 
annual directed fishery quotas for the North and South Atlantic 
swordfish stocks and the annual incidental catch quota for the North 
Atlantic swordfish stock. NMFS will consider the best available 
scientific information regarding the following factors:
    (i) Swordfish stock abundance assessments;
    (ii) Swordfish stock age and size composition;
    (iii) Catch and effort in the swordfish fishery; and
    (iv) Consistency with ICCAT recommendations.
    (2) Except for the carryover provisions of paragraph (d)(3), of this 
section, NMFS will announce any adjustments to the annual quotas by 
publication of a notice in the Federal Register, providing for a 30-day 
minimum comment period. NMFS will prepare a report of its evaluations, a 
regulatory impact review, and an environmental assessment; and such 
documents will be made available to the public. NMFS will take into 
consideration all information received during this comment period and 
will publish a final rule in the Federal Register.
    (3) If consistent with applicable ICCAT recommendations, total 
landings above or below the specific North Atlantic or South Atlantic 
swordfish annual quota will be subtracted from, or added to, the 
following year's quota for that management area. Any adjustments to the 
12-month directed fishery quota will be apportioned equally between the 
two semiannual periods. NMFS will publish notification in the Federal 
Register of any adjustment and of the apportionment made under this 
paragraph (d)(3).
    (e) Inseason adjustments. (1) NMFS may adjust the December 1 through 
May 31 semiannual directed fishery quota and gear quotas to reflect 
actual catches during the June 1 through November 30 semiannual period, 
provided that the 12-month directed fishery and gear quotas are not 
exceeded.
    (2) If NMFS determines that the annual incidental catch quota will 
not be taken before the end of the fishing year, the excess quota may be 
allocated to the directed fishery quotas.
    (3) If NMFS determines that it is necessary to close the directed 
fishery, any estimated overharvest or underharvest of the directed 
fishery quota available immediately prior to that closure will be used 
to adjust the annual incidental catch quota accordingly.
    (4) NMFS will publish notification in the Federal Register of any 
inseason adjustment and its apportionment made under this paragraph (e).

[[Page 178]]

    (f) Gear allocations. If NMFS determines that the annual or 
semiannual directed fishery or incidental catch quotas must be adjusted 
pursuant to paragraph (d) or (e) of this section, the annual or 
semiannual gear quotas will be adjusted so that the new gear quotas 
represent the same proportion (percentage) of the adjusted quota as they 
did of the quota before adjustment, provided such adjusted gear quotas 
are consistent with applicable requirements under the Endangered Species 
Act and the Marine Mammal Protection Act.
    (g) Adjustments to gear quotas. If NMFS determines that the annual 
directed-fishery or bycatch quotas must be adjusted pursuant to 
paragraphs (d) and (f) of this section, the annual or semi-annual gear 
quotas will be adjusted so that the new gear quotas represent the same 
proportion (percentage) of the adjusted quota as they did of the quota 
before adjustment.
    (h) Notice of adjustments. (1) NMFS will announce a proposed 
adjustment in management measures pursuant to paragraph (e), (f), or (g) 
of this section by publication of a proposed rule in the Federal 
Register. The proposed rule will provide for public comment unless NMFS 
finds for good cause that such public comment is impracticable, 
unnecessary, or contrary to the public interest. NMFS will take into 
consideration all information received during the comment period and 
will publish the approved adjustment in management measures as a final 
rule in the Federal Register.
    (2) If NMFS finds for good cause that public comment on an 
adjustment in management measures pursuant to paragraph (e), (f), or (g) 
of this section is impracticable, unnecessary, or contrary to the public 
interest, such adjustment will be published as an interim final rule 
with a 15-day public comment period commencing on the date of 
publication.

[56 FR 65019, Dec. 13, 1991, as amended at 57 FR 34266, Aug. 4, 1992; 58 
FR 33569, June 18, 1993; 60 FR 46778, Sept. 8, 1995; 60 FR 51934, Oct. 
4, 1995; 61 FR 27307, May 31, 1996; 62 FR 55362, Oct. 24, 1997; 63 FR 
51858, Sept. 29, 1998]

    Effective Date Note: At 63 FR 51858, Sept. 29, 1998, Sec. 630.24 was 
amended by adding paragraph (a)(3); by revising paragraphs (b) and (d) 
through (f); and by removing paragraphs (g) and (h), effective Oct. 8, 
1998. For the convenience of the user, the superseded text is set forth 
as follows:

Sec. 630.24  Quotas.

                                * * * * *

    (b) Directed-fishery quotas. (1) The annual directed fishery quota 
for the North Atlantic swordfish stock for the period June 1, 1997, 
through May 31, 1998, is 2,164 mt dw, of which 2,121.2 mt dw is 
allocated for the longline/harpoon fishery and of which 42.8 mt dw is 
allocated for the drift gillnet fishery. The allocation for the 
longline/harpoon fishery is divided into two equal semiannual quotas of 
1,060.6 mt dw, one for the period June 1 through November 30, 1997, and 
the other for the period December 1, 1997, through May 31, 1998.
    (2) The annual directed fishery quota for the North Atlantic 
swordfish stock for the period June 1, 1998, through May 31, 1999, is 
2,098.6 mt dw, of which 2,057 mt dw is allocated for the longline/
harpoon fishery and of which 41.6 mt dw is allocated for the drift 
gillnet fishery. The allocation for the longline/harpoon fishery is 
divided into two equal semiannual quotas of 1,028.5 mt dw, one for the 
period June 1 through November 30, 1998, and the other for the period 
December 1, 1998, through May 31, 1999.
    (3) The annual directed fishery quota for the North Atlantic 
swordfish stock for the period June 1, 1999, through May 31, 2000, is 
2,033.2 mt dw, of which 1,993 mt dw is allocated for the longline/
harpoon fishery and of which 40.2 mt dw is allocated for the drift 
gillnet fishery. The allocation for the longline/harpoon fishery is 
divided into two equal semiannual quotas of 996.5 mt dw, one for the 
period June 1 through November 30, 1999, and the other for the period 
December 1, 1999, through May 31, 2000.
    (4) A swordfish will be deemed to have been harvested by a drift 
gillnet when it is aboard, or off-loaded in an Atlantic, Gulf of Mexico, 
or Caribbean coastal state from, a vessel using or having aboard a drift 
gillnet or when it is aboard, or off-loaded in an Atlantic, Gulf of 
Mexico, or Caribbean coastal state from, a vessel which used or had 
aboard a drift gillnet during its current or most recent fishing trip.
    (5) The annual directed fishery quota for the south Atlantic 
swordfish stock for the period June 1, 1997, through May 31, 1998, is 
188 mt dw and is divided into two equal semiannual quotas of 94 mt dw, 
one for period June 1 through November 30, 1997, and the other for the 
period December 1, 1997, through May 31, 1998.

                                * * * * *

[[Page 179]]

    (d) Adjustments to annual quotas. (1) NMFS will reevaluate the 
annual total allowable catch, the annual directed-fishery quota, the 
annual bycatch quota, bycatch limits in the non-directed fishery, and 
the harpoon gear set-aside each year. For the purpose of this 
evaluation, NMFS will consider the best available scientific information 
regarding the following factors:
    (i) Swordfish stock abundance assessments;
    (ii) Swordfish stock age and size composition;
    (iii) Catch and effort in the swordfish fishery; and
    (iv) Consistency with ICCAT recommendations.
    (2) NMFS may, at its discretion, convene a panel of scientists with 
expertise in swordfish stock assessment for the purpose of providing 
recommendations for adjustments to annual quotas.
    (3) NMFS will prepare a report of its evaluations, a regulatory 
impact review, and an environmental assessment.
    (4) Total landings above or below the specific north Atlantic 
swordfish annual quota will be subtracted from, or added to, the 
following year's quota. Any adjustments to the 12-month directed-fishery 
quota will then be apportioned equally between the period June 1 through 
November 30 and the period December 1 through May 31.
    (5) NMFS will announce any adjustments to the annual quotas by 
publication of a proposed rule in the Federal Register, providing for a 
minimum of a 30-day comment period. The report of evaluations and any 
regulatory impact review and environmental assessment will be made 
available to the public. The Assistant Administrator will take into 
consideration all information received during this comment period and 
will publish a final rule in the Federal Register.
    (e) NMFS may adjust the December 1 through May 31 semiannual 
directed-fishery quota and gear quotas to reflect actual catches during 
the June 1 through November 30 semiannual period, provided that the 12-
month directed-fishery and gear quotas are not exceeded.
    (f) Inseason adjustments to the bycatch and directed fishery quotas. 
(1) If NMFS determines that the annual bycatch quota will not be taken 
before the end of the fishing year, the excess quota may be allocated to 
the directed-fishery quotas pursuant to the requirements and procedures 
in paragraphs (g) and (h) of this section.
    (2) If NMFS determines that it is necessary to close the directed 
fishery, any estimated overharvest or underharvest directed-fishery 
quota available immediately prior to that closure will be applied to the 
annual bycatch quota and will be used to adjust the annual bycatch quota 
accordingly.

                                * * * * *



Sec. 630.25  Closures and incidental limits.

    (a) Notice of closure. (1) When a directed-fishery annual, 
semiannual, or gear quota specified in Sec. 630.24 is reached, or is 
projected to be reached, NMFS will publish notification in the Federal 
Register closing the entire directed fishery for fish from the North 
Atlantic swordfish stock, the South Atlantic swordfish stock, the drift 
gillnet fishery, or the harpoon and longline fisheries, as appropriate. 
The effective date of such notification will be at least 14 days after 
the date such notification is filed at the Office of the Federal 
Register. The closure will remain in effect until an additional 
directed-fishery or gear quota becomes available.
    (2) When the bycatch quota specified in Sec. 630.24(c) is reached, 
or is projected to be reached, NMFS will publish a notice in the Federal 
Register to prohibit further possession or retention of Atlantic 
swordfish by vessels of the United States. The effective date of such 
notice will be at least 14 days after the date such notice is filed at 
the Office of the Federal Register. The closure will remain in effect 
until a new annual bycatch quota becomes available.
    (b) Special set-aside for harpoon gear. The procedures of paragraph 
(a)(1) of this section notwithstanding, during the period June 1 through 
November 30, swordfish not exceeding 9,752 kg dw, may be set aside for 
the harpoon segment of the North Atlantic swordfish fishery. If NMFS 
determines that the harpoon and longline quota in this semi-annual 
period will be harvested before the harpoon segment of the fishery has 
had an opportunity to harvest the set-aside amount, the longline segment 
of the fishery will be closed and the harpoon segment will remain open 
until the set-aside amount is reached. The basis for such determination 
by NMFS will be published in the Federal Register in the closure notice.
    (c) Bycatch limits during a directed-fishery closure. (1) During a 
closure of

[[Page 180]]

the drift gillnet fishery, aboard a vessel using or having aboard a 
drift gillnet--
    (i) A person may not fish for swordfish from the North Atlantic 
swordfish stock; and
    (ii) No more than two swordfish per trip may be possessed in the 
North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, 
north of 5 deg.N. latitude, or landed in an Atlantic, Gulf of Mexico, or 
Caribbean coastal state.
    (2) During a closure of the longline fishery, aboard a vessel using 
or having aboard a longline and not having aboard harpoon gear--
    (i) A person may not fish for swordfish from the North Atlantic 
swordfish stock; and
    (ii) No more than 15 swordfish per trip may be possessed in the 
North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, 
north of 5O N. lat., or landed in an Atlantic, Gulf of 
Mexico, or Caribbean coastal state. The Assistant Administrator may 
modify or change the bycatch limits upon publication of notice in the 
Federal Register pursuant to the requirements and procedures in 
paragraphs (a)(1) and (a)(2) of this section. Changes in the bycatch 
limits will be based upon the length of the directed fishery closure as 
well as the estimated catch per vessel in the non-directed fishery.
    (3) During a closure of the harpoon fishery, aboard a vessel using 
or having aboard harpoon gear--
    (i) A person may not fish for swordfish from the North Atlantic 
swordfish stock; and
    (ii) No swordfish may be possessed in the North Atlantic Ocean, 
including the Gulf of Mexico and Caribbean Sea, north of 5 deg.N. 
latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean coastal 
state.
    (d) Bycatch limits in the non-directed fishery. Aboard a vessel 
using or having aboard gear other than drift gillnet, harpoon, or 
longline, other than a vessel in the recreational fishery--
    (1) A person may not fish for swordfish from the North Atlantic 
swordfish stock;
    (2) Except as specified in paragraph (d)(3) of this section, no more 
than two swordfish per trip may be possessed in the North Atlantic 
Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5  
deg.N. latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean 
coastal state; and
    (3) Aboard a vessel in the squid trawl fishery, no more than five 
swordfish per trip may be possessed in the North Atlantic Ocean, 
including the Gulf of Mexico and Caribbean Sea, north of 5  deg.N. 
latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean coastal 
state. For the purposes of this paragraph (d)(3), a vessel is considered 
to be in the squid trawl fishery when it has no commercial fishing gear 
other than trawl gear aboard and squid constitute not less than 75 
percent by weight of the total fish aboard or off-loaded from the 
vessel.
    (e) Limits during a bycatch closure. During a closure of the bycatch 
fishery under paragraph (a)(2) of this section, the provisions of 
paragraphs (c) and (d) of this section notwithstanding, aboard a fishing 
vessel, other than a vessel in the recreational fishery--
    (1) A person may not fish for swordfish from the North Atlantic 
swordfish stock; and
    (2) No swordfish may be possessed in the North Atlantic Ocean, 
including the Gulf of Mexico and Caribbean Sea, north of 5 deg.N. 
latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean coastal 
state.

[56 FR 65019, Dec. 13, 1991, as amended at 57 FR 34266, Aug. 4, 1992; 60 
FR 46778, Sept. 8, 1995; 61 FR 27308, May 31, 1996; 61 FR 34746, July 3, 
1996; 62 FR 55362, Oct. 24, 1997]



Sec. 630.26  Specifically authorized activities.

    NMFS may authorize for the acquisition of information and data, 
activities that are otherwise prohibited by these regulations.



              Subpart C--Restrictions on Swordfish Imports



Sec. 630.40  Applicability.

    The policies and procedures contained in 50 CFR 285.80 through 
285.86, which implement the provisions of section 6(c) of the Atlantic 
Tunas Convention Act, 16 U.S.C. 971 et seq., with respect to import 
controls and which specify procedures for the establishment of 
restrictions on imports of

[[Page 181]]

tuna, apply to swordfish from the North Atlantic swordfish stock.



                       Subpart D--Donation Program

    Source: 59 FR 55064, Nov. 3, 1994, unless otherwise noted.



Sec. 630.50  Purpose.

    This subpart implements a program under which swordfish from the 
North Atlantic swordfish stock that are retained in excess of the trip 
allowance for undersized swordfish specified in Sec. 630.23(b) must be 
retained for donation through the Second Harvest National Foodbank 
Network to the needy. This program is intended to obtain additional 
information regarding the harvest, mortality, and biological 
characteristics of swordfish less than the minimum size limit and to 
avoid waste of swordfish that would otherwise be discarded dead.



Sec. 630.51  Participation.

    (a) General. Owners of vessels and dealers permitted under 
Sec. 630.4 may volunteer to participate in the swordfish donation 
program by contacting the Chief, Highly Migratory Species Division, 
Office of Fisheries Conservation and Management, NMFS, 1335 East-West 
Highway, Silver Spring, MD 20910; telephone: (301) 713-2347, facsimile 
(301) 588-4967. The Chief, Highly Migratory Species Division, will 
select owners of vessels and dealers who may participate in the donation 
program and will keep selected vessel owners advised of the selected 
dealers.
    (1) Factors that will be considered in the selection process 
include:
    (i) History of voluntary participation in NMFS cooperative 
scientific programs;
    (ii) Whether both vessel and dealer volunteers can be matched in an 
area throughout the year (including truck routes) to ensure distribution 
of donated fish;
    (iii) Representative coverage of the fishery, to the extent 
possible; and
    (iv) Compliance record of volunteers. Specifically, any person who 
has been issued a Notice of Violation and Assessment (NOVA) for 
violating any provision of the Magnuson Act (16 U.S.C. 1802 et seq.), 
the Lacey Act (16 U.S.C. 3371 et seq.), or the ATCA (16 U.S.C. 971 et 
seq.), or who is currently under investigation for such a violation, may 
be excluded from the program.
    (2) Selected dealers will also be advised of the selected vessel 
owners and of authorized Second Harvest recipients of donated swordfish.
    (3) Second Harvest is the Second Harvest National Foodbank Network, 
116 South Michigan Avenue, Suite 4, Chicago, IL 60603-6001. Second 
Harvest affiliates are Certified Affiliate Food Banks throughout the 
United States that have a contract with Second Harvest and are 
officially part of their National Foodbank Network. Agents of Second 
Harvest are the individual charities that distribute or serve food to 
the needy from the Affiliate Food Banks, or a business designated by 
letter from Second Harvest to transport donated food between the 
foodbank and the charity.
    (b) Vessels. The owner, or their operator, of a vessel that has been 
selected to participate in the donation program and so notified in 
writing by the Chief, Highly Migratory Species Division, may retain 
swordfish from the North Atlantic swordfish stock that are in excess of 
the trip allowance for undersized swordfish specified in Sec. 630.23(b) 
under the following terms and conditions. No person may land a swordfish 
in excess of the trip allowance for undersized swordfish other than in 
accordance with these terms and conditions; any such landing constitutes 
a violation of the prohibition specified in Sec. 630.7(q).
    (1) The vessel's selection letter from the Chief, Highly Migratory 
Species Division, must be carried on board the fishing vessel and the 
operator must present it for inspection upon the request of an 
authorized officer.
    (2) The vessel's owner or operator must release any swordfish that 
is less than the minimum allowable size specified in Sec. 630.23(a) and 
that is alive when brought aboard the vessel, in a manner that will 
ensure maximum probability of survival. If caught by hook, such fish 
must be released by cutting the line near the hook without removing the 
swordfish from the water. The

[[Page 182]]

owner or operator must make a reasonable effort to tag each swordfish 
released under this paragraph (b)(2). In addition, participants are 
encouraged to tag all released small bluefin tuna, big eye tuna, 
yellowfin tuna and sharks where possible. Tags will be provided by the 
Science and Research Director. A record of each tag and release must be 
maintained and submitted to the Science and Research Director on forms 
provided with the tags.
    (3) The vessel's owner or operator must retain any swordfish that is 
dead when brought aboard the vessel.
    (4) The vessel's owner or operator must tag any swordfish that is 
retained under the donation program of this subpart prior to its off-
loading from a vessel at the facility of a selected dealer, using a non-
reusable, individually numbered donation tag provided by the Chief, 
Highly Migratory Species Division. The donation tag is not to be removed 
by the vessel crew, dealer, or Second Harvest until the carcass is 
processed.
    (5) All tags assigned to a vessel by NMFS Highly Migratory Species 
Division, used or unused, must be accounted for by the owner/operator at 
the request of any authorized officer.
    (6) The vessel's owner or operator must off-load any swordfish that 
is retained under the donation program of this subpart only at a 
specified facility of a dealer who has been selected by the Chief, 
Highly Migratory Species Division, to participate in the donation 
program. Off-loading must begin between the hours of 8 a.m. and 6 p.m. 
local time. An owner or operator must notify the Chief, NMFS Office of 
Enforcement, by telephone at numbers given in the vessel owner's 
selection letter, and a selected dealer, at least 24 hours prior to off-
loading swordfish under the donation program, unless stated otherwise in 
the vessel owner's selection letter.
    (7) The Assistant Administrator, upon consulting with industry 
representatives and NMFS Office of Enforcement, may change the 
requirements for off-loading by notification in the Federal Register.
    (8) All swordfish harvested during a trip by a vessel participating 
in this pilot program must be off-loaded at the same facility to a 
dealer participating in this donation program.
    (9) No vessel owner or operator may sell, trade, or barter, or 
attempt to sell, trade, or barter, any swordfish or any part thereof 
that is retained under the donation program of this subpart.
    (c) Dealers. A dealer who has been selected and so notified in 
writing by the Chief, Highly Migratory Species Division, to participate 
in the donation program may receive and retain swordfish from the North 
Atlantic swordfish stock that are in excess of a vessel's trip allowance 
for undersized swordfish specified in Sec. 630.23(b) under the following 
terms and conditions. Possession of an undersized swordfish other than 
in accordance with these terms and conditions constitutes a violation of 
the prohibition specified in Sec. 620.7(a) of this chapter.
    (1) Dealers must have available on their premises, or facility, the 
dealer selection letter from the Chief, Highly Migratory Species 
Division, and must present it for inspection upon the request of an 
authorized officer.
    (2) A dealer may receive swordfish in excess of a vessel's trip 
allowance for undersized swordfish only from a vessel that has been 
selected by the Chief, Highly Migratory Species Division, to participate 
in the donation program.
    (3) A swordfish that is received under the donation program must be 
kept separate from other swordfish possessed by the dealer. The donation 
tag on such swordfish may not be removed.
    (4) No dealer may sell, trade, or barter, or attempt to sell, trade, 
or barter, any swordfish, or any part thereof, that is retained under 
the donation program of this subpart.
    (5) A dealer may transfer any swordfish that is received under the 
donation program only to Second Harvest, and such swordfish may be 
transported only by Second Harvest or their designated agent. The dealer 
must obtain the receipt specified in paragraph (d)(3) of this section 
from Second Harvest or their designated agent. A copy of the receipt 
must be furnished by the dealer to the harvesting vessel.
    (6) The dealer must include individual swordfish tag numbers along 
with the associated individual carcass weights of swordfish received 
under the

[[Page 183]]

donation program in the twice-monthly reports required by Sec. 630.5(b).
    (d) Second Harvest. Second Harvest, or its affiliates or agents, may 
receive and distribute swordfish from the North Atlantic swordfish stock 
that are in excess of the trip allowance for undersized swordfish 
specified in Sec. 630.23(b) under the following terms and conditions. 
Possession of a swordfish other than in accordance with these terms and 
conditions constitutes a violation of the prohibition specified in 
Sec. 620.7(a) of this chapter.
    (1) Second Harvest may receive swordfish that are in excess of the 
trip allowance for undersized swordfish only from a dealer who has been 
selected by the Chief, Highly Migratory Species Division, to participate 
in the donation program.
    (2) Second Harvest may receive only undersized swordfish with 
donation tags attached.
    (3) Upon receiving swordfish under the donation program, Second 
Harvest must provide a bill of lading receipt that shows, or has 
affixed, individual carcass weights and associated tag numbers of 
swordfish received, the names and permit number(s) of the vessel(s) that 
harvested the swordfish, the name and permit number of the dealer, and 
the date of receipt. Such receipt must be distributed as follows: 
Original and one copy (for the vessel owner or operator) to the dealer, 
one copy to the Chief, Highly Migratory Species Division, and one copy 
retained by Second Harvest to accompany the carcass shipment until it is 
processed.
    (4) All tags received by Second Harvest affiliates or agents must be 
returned to Second Harvest and accounted for by Second Harvest at the 
request of any authorized officer, or Chief, Highly Migratory Species 
Division.
    (5) Second Harvest, its affiliates or agents, may not sell, trade, 
or barter, or attempt to sell, trade, or barter, any swordfish or any 
part thereof that is retained under the donation program of this 
subpart.
    (e) Duration of selection. A selection letter remains valid for the 
period specified therein, provided the permit issued to the 
participating vessel or dealer under Sec. 630.4 remains valid, except 
that such selection letter may be revoked by the Chief, Highly Migratory 
Species Division--
    (1) Upon the request of the participating vessel owner or dealer;
    (2) Upon issuance of a Notice of Violation and Assessment against 
the participating vessel owner or dealer for a violation of the Magnuson 
Act (16 U.S.C. 1802 et seq.), the Lacey Act (16 U.S.C. 3371 et seq.), or 
the ATCA (16 U.S.C. 971 et seq.); or
    (3) For actions not consistent with the requirements of the pilot 
program of this subpart.
    (f) Transfer. A selection letter issued under this subpart is not 
transferable or assignable. Such letter is valid only for the vessel or 
dealer for which it was issued.



Sec. 630.52  Termination.

    Upon a finding by the Assistant Administrator that the intended 
purposes of the program are not being achieved, or that the program is 
no longer in conformance with the recommendations of the International 
Commission for the Conservation of Atlantic Tunas, the Assistant 
Administrator may terminate the program by notification in the Federal 
Register.

[[Page 184]]

[GRAPHIC] [TIFF OMITTED] TC03MR91.058

[56 FR 65021, Dec. 13, 1991]

[[Page 185]]



PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH ATLANTIC--Table of Contents




                      Subpart A--General Provisions

Sec.
640.1    Purpose and scope.
640.2  Definitions.
640.3  Relation to other laws.
640.4  Permits and fees.
640.5  Recordkeeping and reporting. [Reserved]
640.6  Vessel and gear identification.
640.7  Prohibitions.
640.8  Facilitation of enforcement.
640.9  Penalties.

                     Subpart B--Management Measures

640.20  Seasons.
640.21  Harvest limitations.
640.22  Gear and diving restrictions.
640.23  Bag/possession limits.
640.24  Authorized activities.

                            Figures--Part 640

Figure 1--Carapace Length

    Authority: 16 U.S.C. 1801 et seq.



                      Subpart A--General Provisions



Sec. 640.1  Purpose and scope.

    (a) The purpose of this part is to implement the Fishery Management 
Plan for the Spiny Lobster Fishery of the Gulf of Mexico and South 
Atlantic prepared by the South Atlantic and Gulf of Mexico Fishery 
Management Councils under the Magnuson Act.
    (b) This part governs conservation and management of spiny lobster 
and slipper (Spanish) lobster in the EEZ in the Atlantic Ocean and Gulf 
of Mexico off the Atlantic and Gulf of Mexico states from the Virginia/
North Carolina border south and through the Gulf of Mexico.
    (c) An owner or operator of a vessel that has legally harvested 
spiny lobsters in the waters of a foreign nation and possesses spiny 
lobsters, or separated tails, in the EEZ incidental to such foreign 
harvesting is exempt from the requirements of this part 640, provided 
proof of lawful harvest in the waters of a foreign nation accompanies 
such lobsters or tails.

[57 FR 56518, Nov. 30, 1992]



Sec. 640.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 620.2 
of this chapter, the terms used in this part have the following 
meanings:
    Bully net means a circular frame attached at right angles to the end 
of a pole and supporting a conical bag of webbing. The webbing is 
usually held up by means of a cord which is released when the net is 
dropped over a lobster.
    Carapace length means the measurement of the carapace (head, body, 
or front section) of a spiny lobster from the anteriormost edge (front) 
of the groove between the horns directly above the eyes, along the 
middorsal line (middle of the back), to the rear edge of the top part of 
the carapace, excluding any translucent membrane.
    Commercial fishing means any fishing or fishing activities which 
result in the harvest of any marine or freshwater organisms, one or more 
of which (or parts thereof) is sold, traded, or bartered.
    Hoop net means a frame, circular or otherwise, supporting a shallow 
bag of webbing and suspended by a line and bridles. The net is baited 
and lowered to the ocean bottom, to be raised rapidly at a later time to 
prevent the escape of lobster.
    Live well means a shaded container used for holding live lobsters 
aboard a vessel in which aerated seawater is continuously circulated 
from the sea. Circulation of seawater at a rate that replaces the water 
at least every 8 minutes meets the requirement for aeration.
    Off Florida means the area from the Florida coast to the outer limit 
of the EEZ between the Georgia/Florida boundary (30 deg.42'45.6"N. 
latitude) and the Alabama/Florida boundary (87 deg.31'06"W. longitude).
    Off the Gulf states, other than Florida means the area from the 
coast to the outer limit of the EEZ between the Texas/Mexico border to 
the Alabama/Florida boundary (87 deg.31'06" W. long.).
    Off Monroe County, Florida means the area from the Florida coast to 
the outer limit of the EEZ between a line extending directly east from 
the Dade/Monroe County, Florida boundary

[[Page 186]]

(25 deg.20.4'N. latitude) and a line extending directly west from the 
Monroe/Collier County, Florida boundary (25 deg.48.0'N. latitude).
    Off the southern Atlantic states, other than Florida means the area 
from the coast to the outer limit of the EEZ between the Virginia/North 
Carolina boundary (36 deg.34'55" N. lat.) to the Georgia/Florida 
boundary (30 deg.42'45.6" N. lat.).
    Recreational fishing means fishing or fishing activities which 
result in the harvest of fish, none of which (or parts thereof) is sold, 
traded, or bartered.
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702, telephone 813-570-
5301; or a designee.
    Slipper (Spanish) lobster means the species Scyllarides nodifer.
    Spiny lobster means the species Panulirus argus.
    Tail length means the lengthwise measurement of the entire tail 
(segmented portion), not including any protruding muscle tissue, of a 
spiny lobster along the top middorsal line (middle of the back) to the 
rearmost extremity. The measurement is made with the tail in a flat, 
straight position with the tip of the tail closed.
    Trip means a fishing trip, regardless of number of days' duration, 
that begins with departure from a dock, berth, beach, seawall, or ramp 
and that terminates with return to a dock, berth, beach, seawall, or 
ramp.

[47 FR 29203, July 2, 1982, as amended at 52 FR 22659, June 15, 1987; 53 
FR 17196, May 16, 1988; 53 FR 24655, June 29, 1988; 53 FR 38294, Sept. 
30, 1988; 55 FR 26448, June 28, 1990; 57 FR 56518, Nov. 30, 1992; 58 FR 
38979, July 21, 1993; 59 FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, 
1995]



Sec. 640.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 620.3 of this chapter and paragraph (b) of this section.
    (b) The regulations in this part apply within the boundaries of any 
national park, monument, or marine sanctuary in the Gulf of Mexico and 
South Atlantic EEZ.

[47 FR 29203, July 2, 1982, as amended at 52 FR 22659, June 15, 1987; 53 
FR 24655, June 29, 1988]



Sec. 640.4  Permits and fees.

    (a) Applicability--(1) Licenses, certificates, and permits--(i) EEZ 
off Florida and spiny lobster landed in Florida. For a person to sell, 
trade, or barter, or attempt to sell, trade, or barter, a spiny lobster 
harvested or possessed in the EEZ off Florida, or harvested in the EEZ 
other than off Florida and landed from a fishing vessel in Florida, or 
for a person to be exempt from the daily bag and possession limit 
specified in Sec. 640.23(b)(1) for such spiny lobster, such person must 
have the licenses and certificates specified to be a ``commercial 
harvester,'' as defined in Rule 46-24.002(2), Florida Administrative 
Code, in effect as of June 1, 1994. This incorporation by reference was 
approved by the Director of the Office of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from the Florida Marine Fisheries Commission, 2540 Executive 
Center Circle West, Suite 106, Tallahassee, FL 32301; telephone: 904-
487-0554. Copies may be inspected at the Office of the Regional 
Director; the Office of Fisheries Conservation and Management, NMFS, 
1315 East-West Highway, Silver Spring, MD; or the Office of the Federal 
Register, 800 North Capitol Street NW, Suite 700, Washington, DC.
    (ii) EEZ other than off Florida. For a person to sell, trade, or 
barter, or attempt to sell, trade, or barter, a spiny lobster harvested 
in the EEZ other than off Florida or for a person to be exempt from the 
daily bag and possession limit specified in Sec. 640.23(b)(1) for such 
spiny lobster, a Federal vessel permit must be issued to the harvesting 
vessel and must be on board. However, see paragraph (a)(1)(i) of this 
section for the licenses and certificates required for a person to 
possess or land spiny lobster harvested in the EEZ other than off 
Florida and subsequently possessed in the EEZ off Florida or landed from 
a fishing vessel in Florida.
    (2) Tail-separation permits. For a person to possess aboard a 
fishing vessel a separated spiny lobster tail in or from the EEZ, a 
tail-separation permit must be issued to the vessel and must be on 
board.

[[Page 187]]

    (3) Corporation/partnership-owned vessels. For a vessel owned by a 
corporation or partnership to be eligible for a Federal vessel permit 
specified in paragraph (a)(1)(ii) of this section, the earned income 
qualification specified in paragraph (b)(2)(vi) of this section must be 
met by, and the statement required by that paragraph must be submitted 
by, an officer or shareholder of the corporation, a general partner of 
the partnership, or the vessel operator.
    (4) Operator-qualified permits. A vessel permit issued upon the 
qualification of an operator is valid only when that person is the 
operator of the vessel.
    (b) Applications for permits. (1) An application for a Federal 
vessel and/or tail-separation permit must be submitted and signed by the 
owner (in the case of a corporation, a qualifying officer or 
shareholder; in the case of a partnership, a qualifying general partner) 
or operator of the vessel. The application must be submitted to the 
Regional Director at least 30 days prior to the date on which the 
applicant desires to have the permit made effective.
    (2) An applicant must provide the following information:
    (i) A copy of the vessel's U.S. Coast Guard certificate of 
documentation or, if not documented, a copy of its state registration 
certificate.
    (ii) The vessel's name and official number.
    (iii) Name, mailing address including zip code, telephone number, 
social security number, and date of birth of the owner (if the owner is 
a corporation/partnership, in lieu of the social security number, 
provide the employer identification number, if one has been assigned by 
the Internal Revenue Service, and, in lieu of the date of birth, provide 
the date the corporation/partnership was formed).
    (iv) If the owner does not meet the earned income qualification 
specified in paragraph (b)(2)(vi) of this section and the operator does 
meet that qualification, the name, mailing address including zip code, 
telephone number, social security number, and date of birth of the 
operator.
    (v) Information concerning vessel, gear used, fishing areas, and 
fisheries vessel is used in, as requested by the Regional Director and 
included on the application form.
    (vi) A sworn statement by the applicant for a vessel permit 
certifying that at least 10 percent of his or her earned income was 
derived from commercial fishing, that is, sale of the catch, during the 
calendar year preceding the application.
    (vii) Documentation supporting the statement of income, if required 
under paragraph (b)(3) of this section.
    (viii) If a tail-separation permit is desired, a sworn statement by 
the applicant certifying that his or her fishing activity--
    (A) Is routinely conducted in the EEZ on trips of 48 hours or more; 
and
    (B) Necessitates the separation of carapace and tail to maintain a 
quality product.
    (ix) Any other information that may be necessary for the issuance or 
administration of the permit, as requested by the Regional Director and 
included on the application form.
    (3) The Regional Director may require the applicant to provide 
documentation supporting the sworn statement under paragraph (b)(2)(vi) 
of this section before a permit is issued or to substantiate why such 
permit should not be revoked or otherwise sanctioned under paragraph (h) 
of this section. Such required documentation may include copies of 
appropriate forms and schedules from the applicant's income tax return. 
Copies of income tax forms and schedules are treated as confidential.
    (c) Change in application information. The owner or operator of a 
vessel with a permit must notify the Regional Director within 30 days 
after any change in the application information specified in paragraph 
(b) of this section. The permit is void if any change in the information 
is not reported within 30 days.
    (d) Fees. A fee is charged for each permit application submitted 
under paragraph (b) of this section. The amount of the fee is calculated 
in accordance with the procedures of the NOAA Finance Handbook for 
determining the administrative costs of each special product or service. 
The fee may not exceed such costs and is specified with

[[Page 188]]

each application form. The appropriate fee must accompany each 
application.
    (e) Issuance. (1) The Regional Director will issue a permit at any 
time to an applicant if the application is complete and the applicant 
meets the earned income requirement specified in paragraph (b)(2)(vi) of 
this section. An application is complete when all requested forms, 
information, and documentation have been received.
    (2) Upon receipt of an incomplete application, the Regional Director 
will notify the applicant of the deficiency. If the applicant fails to 
correct the deficiency within 30 days of the date of the Regional 
Director's letter of notification, the application will be considered 
abandoned.
    (f) Duration. A permit remains valid for the period specified on it 
unless the vessel is sold or the permit is revoked, suspended, or 
modified pursuant to subpart D of 15 CFR part 904.
    (g) Transfer. A permit issued pursuant to this section is not 
transferable or assignable. A person purchasing a permitted vessel who 
desires to conduct activities for which a permit is required must apply 
for a permit in accordance with the provisions of paragraph (b) of this 
section. The application must be accompanied by a copy of a signed bill 
of sale.
    (h) Display. A permit issued pursuant to this section must be 
carried on board the vessel, and such vessel must be identified as 
required by Sec. 640.6. The operator of a vessel must present the permit 
for inspection upon the request of an authorized officer.
    (i) Sanctions and denials. A permit issued pursuant to this section 
may be revoked, suspended, or modified, and a permit application may be 
denied, in accordance with the procedures governing enforcement-related 
permit sanctions and denials found at subpart D of 15 CFR part 904.
    (j) Alteration. A permit that is altered, erased, or mutilated is 
invalid.
    (k) Replacement. A replacement permit may be issued. An application 
for a replacement permit will not be considered a new application. A 
fee, the amount of which is stated with the application form, must 
accompany each request for a replacement permit.

[57 FR 56518, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994; 
60 FR 41830, Aug. 14, 1995]



Sec. 640.5  Recordkeeping and reporting. [Reserved]



Sec. 640.6  Vessel and gear identification.

    (a) EEZ off Florida. (1) An owner or operator of a vessel that is 
used to harvest spiny lobsters by traps in the EEZ off Florida must 
comply with the vessel and gear identification requirements applicable 
to the harvesting of spiny lobsters by traps in Florida's waters in 
sections 370.14(2)(a) and (3) and 370.142(2)(b), Florida Statutes, in 
effect as of July 1, 1994, and in Rule 46-24.006(3), (4), and (5), 
Florida Administrative Code, in effect as of June 1, 1994.
    (2) An owner or operator of a vessel that is used to harvest spiny 
lobsters by diving in the EEZ off Florida must comply with the vessel 
identification requirements applicable to the harvesting of spiny 
lobsters by diving in Florida's waters in Rule 46-24.006(6), Florida 
Administrative Code, in effect as of June 1, 1994.
    (3) The incorporation by reference in paragraphs (a)(1) and (a)(2) 
of this section of sections 370.14(2)(a) and (3) and 370.142(2)(b), 
Florida Statutes, and Rule 46-24.006(3), (4), (5), and (6), Florida 
Administrative Code, was approved by the Director of the Office of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies may be obtained from the Florida Marine Fisheries Commission, 
2540 Executive Center Circle West, Suite 106, Tallahassee, FL 32301; 
telephone: 904-487-0554. Copies may be inspected at the Office of the 
Regional Director; the Office of Fisheries Conservation and Management, 
NMFS, 1315 East-West Highway, Silver Spring, MD; or the Office of the 
Federal Register, 800 North Capitol Street NW, Suite 700, Washington, 
DC.
    (b) EEZ other than off Florida. (1) The owner or operator of a 
vessel that is used to harvest spiny lobsters in the EEZ other than off 
Florida, must meet the following vessel and gear identification 
requirements:

[[Page 189]]

    (i) The vessel's Florida crawfish license or trap number or, if not 
licensed by Florida, the vessel's Federal vessel permit number must be 
permanently and conspicuously displayed horizontally on the uppermost 
structural portion of the vessel in numbers at least 10 inches (25.4 cm) 
high so as to be readily identifiable from the air and water;
    (ii) If the vessel uses spiny lobster traps in the EEZ, other than 
off Florida--
    (A) The vessel's color code, as assigned by Florida or, if a color 
code has not been assigned by Florida, as assigned by the Regional 
Director, must be permanently and conspicuously displayed above the 
number specified in paragraph (b)(1)(i) of this section so as to be 
readily identifiable from the air and water, such color code being in 
the form of a circle at least 20 inches (50.8 cm) in diameter on a 
background of colors contrasting to those contained in the assigned 
color code;
    (B) A buoy or timed-release buoy of such strength and buoyancy to 
float must be attached to each spiny lobster trap or at each end of a 
string of traps;
    (C) A buoy used to mark spiny lobster traps must bear the vessel's 
assigned color code and be of such color, hue, and brilliancy as to be 
easily distinguished, seen, and located;
    (D) A buoy used to mark spiny lobster traps must bear the vessel's 
Florida crawfish license or trap number or, if not licensed by Florida, 
the vessel's Federal vessel permit number in numbers at least 2 inches 
(5.08 cm) high; and
    (E) A spiny lobster trap must bear the vessel's Florida crawfish 
license or trap number or, if not licensed by Florida, the vessel's 
Federal vessel permit number permanently and legibly affixed.
    (2) A spiny lobster trap in the EEZ, other than off Florida, will be 
presumed to be the property of the most recently documented owner. Upon 
the sale or transfer of a spiny lobster trap used in the EEZ, other than 
off Florida, within 5 days of acquiring ownership, the person acquiring 
ownership must notify the Florida Division of Law Enforcement of the 
Department of Environmental Protection, for a trap that bears a Florida 
crawfish license or trap number, or the Regional Director, for a trap 
that bears a Federal vessel permit number, as to the number of traps 
purchased, the vendor, and the crawfish license or trap number, or 
Federal vessel permit number, currently displayed on the traps, and must 
request issuance of a crawfish license or trap number, or Federal vessel 
permit, if the acquiring owner does not possess such license or trap 
number or permit.
    (c) Unmarked traps and buoys. An unmarked spiny lobster trap or buoy 
in the EEZ is illegal gear. Such trap or buoy, and any connecting lines, 
will be considered unclaimed or abandoned property and may be disposed 
of in any manner considered appropriate by the Assistant Administrator 
or an authorized officer. An owner of such trap or buoy remains subject 
to appropriate civil penalties.

[57 FR 56519, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994; 
60 FR 41830, Aug. 14, 1995]



Sec. 640.7  Prohibitions.

    In addition to the general prohibitions specified in Sec. 620.7 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Sell, trade, or barter, or attempt to sell, trade, or barter, a 
spiny lobster in or from the EEZ without a required license, 
certificate, or permit, as specified in Sec. 640.4(a)(1).
    (b) Falsify information specified in Sec. 640.4(b)(2) on an 
application for a permit.
    (c) Fail to display a permit, as specified in Sec. 640.4(h).
    (d) Falsify or fail to display and maintain vessel and gear 
identification, as required by Sec. 640.6 (a) and (b).
    (e) Possess a spiny lobster trap in the EEZ at a time not 
authorized, as specified in Sec. 640.20(b)(3)(i) and (b)(3)(ii).
    (f) Possess a spiny lobster in or from the EEZ at a time not 
authorized, as specified in Sec. 640.20(b)(4).
    (g) Fail to return immediately to the water a berried spiny lobster 
or slipper lobster; strip eggs from or otherwise molest a berried spiny 
lobster or slipper lobster; or possess a spiny lobster or slipper 
lobster, or part thereof, from which eggs, swimmerettes, or pleopods

[[Page 190]]

have been removed or stripped; as specified in Sec. 640.21(a).
    (h) Possess or fail to return immediately to the water unharmed a 
spiny lobster smaller than the minimum size limits specified in 
Sec. 640.21 (b)(1) and (b)(3), except as provided in Sec. 640.21(c).
    (i) Harvest or attempt to harvest a spiny lobster by diving without 
having and using in the water a measuring device, or fail to release an 
undersized spiny lobster in the water, as specified in 
Sec. 640.21(b)(2).
    (j) Possess an undersized spiny lobster for use as an attractant in 
a trap in quantities or under conditions not authorized in 
Sec. 640.21(c).
    (k) Possess a separated spiny lobster tail, except as specified in 
Sec. 640.21(d).
    (l) Possess a spiny lobster harvested by prohibited gear or methods; 
or possess on board a fishing vessel any dynamite or similar explosive 
substance; as specified in Sec. 640.20(b) and Sec. 640.22 (a)(1) and 
(a)(3).
    (m) Use or possess in the EEZ a spiny lobster trap that does not 
meet the requirements specified in Sec. 640.22(b)(1).
    (n) Pull or tend a spiny lobster trap other than during daylight 
hours, as specified in Sec. 640.22(b)(2).
    (o) Pull or tend another person's spiny lobster trap, except as 
authorized in Sec. 640.22(b)(3).
    (p) Possess spiny lobsters in or from the EEZ in an amount exceeding 
the daily bag and possession limit specified in Sec. 640.23 (a), (b)(1), 
or (b)(2) except as authorized in Sec. 640.23(b)(3) and (b)(4).
    (q) Possess spiny lobsters aboard a vessel that uses or has on board 
a net or trawl in an amount exceeding the limits, as specified in 
Sec. 640.23(b)(4).
    (r) Operate a vessel that fishes for or possesses spiny lobster in 
or from the EEZ with spiny lobster aboard in an amount exceeding the 
cumulative bag and possession limit, as specified in Sec. 640.23(d).
    (s) Transfer or receive at sea spiny lobster in or from the EEZ 
caught under the bag and possession limits, as specified in 
Sec. 640.23(e).
    (t) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson Act.
    (u) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of a spiny lobster.

[57 FR 56520, Nov 30, 1992, as amended at 58 FR 38979, July 21, 1993; 58 
FR 61845, Nov. 23, 1993; 59 FR 53119, Oct. 21, 1994; 60 FR 41831, Aug. 
14, 1995]



Sec. 640.8  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.

[53 FR 24656, June 29, 1988]



Sec. 640.9  Penalties.

    See Sec. 620.9 of this chapter.

[53 FR 24656, June 29, 1988]



                     Subpart B--Management Measures

    Source: 57 FR 56520, Nov. 30, 1992, unless otherwise noted.



Sec. 640.20  Seasons.

    (a) EEZ off the southern Atlantic states, other than Florida. In the 
EEZ off the southern Atlantic states, other than Florida, there are no 
seasonal restrictions on the harvest of spiny lobster or on the 
possession of traps.
    (b) EEZ off Florida and off the Gulf states, other than Florida--(1) 
Commercial and recreational fishing season. The commercial and 
recreational fishing season for spiny lobster in the EEZ off Florida and 
the EEZ off the Gulf states, other than Florida, begins on August 6 and 
ends on March 31.
    (2) Special recreational fishing seasons--(i) EEZ off Florida. There 
is a 2-day special recreational fishing season in the EEZ off Florida on 
the last Wednesday and successive Thursday of July each year during 
which fishing for spiny lobster is limited to diving or use of a bully 
net or hoop net. (See Sec. 640.22(a) for general prohibitions on gear 
and methods.) In the EEZ off Monroe County, Florida, no person may 
harvest spiny lobster by diving at night, that is, from 1 hour after 
official sunset to 1 hour before official sunrise, during this 2-day 
special recreational fishing season.

[[Page 191]]

    (ii) EEZ off the Gulf states, other than Florida. There is a 2-day 
special recreational fishing season in the EEZ off the Gulf states, 
other than Florida, during the last Saturday and successive Sunday of 
July each year during which fishing for spiny lobster may be conducted 
by authorized gear and methods other than traps. (See Sec. 640.22(a) for 
general prohibitions on gear and methods.)
    (3) Possession of traps. (i) In the EEZ off Florida, the rules and 
regulations applicable to the possession of spiny lobster traps in 
Florida's waters in Rule 46-24.005(3), (4), and (5), Florida 
Administrative Code, in effect as of June 1, 1994, apply in their 
entirety to the possession of spiny lobster traps in the EEZ off 
Florida. This incorporation by reference was approved by the Director of 
the Office of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from the Florida Marine 
Fisheries Commission, 2540 Executive Center Circle West, Suite 106, 
Tallahassee, FL 32301; telephone: 904-487-0554. Copies may be inspected 
at the Office of the Regional Director; the Office of Fisheries 
Conservation and Management, NMFS, 1315 East-West Highway, Silver 
Spring, MD; or the Office of the Federal Register, 800 North Capitol 
Street NW, Suite 700, Washington, DC.
    (ii) In the EEZ off the Gulf states, other than Florida, a spiny 
lobster trap may be placed in the water prior to the commercial and 
recreational fishing season, which is specified in paragraph (b)(1) of 
this section beginning on August 1 and must be removed from the water 
after such season not later than April 5.
    (iii) A spiny lobster trap, buoy, or rope in the EEZ off Florida or 
in the EEZ off the Gulf states, other than Florida, during periods not 
authorized in paragraphs (b)(3)(i) and (b)(3)(ii) of this section will 
be considered unclaimed or abandoned property and may be disposed of in 
any manner considered appropriate by the Assistant Administrator or an 
authorized officer. An owner of such trap, buoy, or rope remains subject 
to appropriate civil penalties.
    (4) Possession of spiny lobsters. In the EEZ off Florida and the 
Gulf states, a whole or a part of a spiny lobster subject to these 
regulations may only be possessed during the commercial and recreational 
fishing season and the special recreational fishing season specified in 
Sec. 640.20, unless accompanied by proof of lawful harvest in the waters 
of a foreign nation. Consistent with the provisions of paragraphs 
(b)(3)(i) and (ii) of this section, a spiny lobster in a trap in this 
area will not be deemed to be possessed provided such spiny lobster is 
returned immediately to the water unharmed when a trap is removed from 
the water between March 31 and April 15.
    (c) Primacy of seasonal restrictions in the EEZ off Florida. The 
seasonal restrictions applicable in the EEZ off Florida apply to all 
spiny lobsters and traps in the EEZ off Florida, without regard to 
harvest or use elsewhere, unless accompanied by proof of lawful harvest 
elsewhere.

[60 FR 41831, Aug. 14, 1995]



Sec. 640.21  Harvest limitations.

    (a) Berried lobsters. A berried (egg-bearing) spiny lobster or 
slipper lobster in or from the EEZ must be returned immediately to the 
water unharmed. If found in a trap in the EEZ, a berried spiny lobster 
or slipper lobster may not be retained in the trap. A berried spiny 
lobster or slipper lobster in or from the EEZ may not be stripped of its 
eggs or otherwise molested. The possession of a spiny lobster or slipper 
lobster, or part thereof, in or from the EEZ from which eggs, 
swimmerettes, or pleopods have been removed or stripped is prohibited.
    (b) Minimum size limits. (1) Except as provided in paragraph (c) of 
this section--
    (i) No person may possess a spiny lobster in or from the EEZ with a 
carapace length of 3.0 inches (7.62 cm) or less; and
    (ii) A spiny lobster, harvested in the EEZ by means other than 
diving, with a carapace length of 3.0 inches (7.62 cm) or less must be 
returned immediately to the water unharmed.
    (2) No person may harvest or attempt to harvest a spiny lobster by 
diving in the EEZ unless he or she possesses, while in the water, a 
measuring device capable of measuring the carapace length. A spiny 
lobster captured by a

[[Page 192]]

diver must be measured in the water using such measuring device and, if 
the spiny lobster has a carapace length of 3.0 inches (7.62 cm) or less, 
it must be released unharmed immediately without removal from the water.
    (3) Aboard a vessel authorized under paragraph (d) of this section 
to possess a separated spiny lobster tail, no person may possess in or 
from the EEZ a separated spiny lobster tail with a tail length less than 
5.5 inches (13.97 cm).
    (c) Undersized attractants. A live spiny lobster under the minimum 
size limit specified in paragraph (b)(1) of this section that is 
harvested in the EEZ by a trap may be retained aboard the harvesting 
vessel for future use as an attractant in a trap provided it is held in 
a live well aboard the vessel. No more than fifty undersized spiny 
lobsters, or one per trap aboard the vessel, whichever is greater, may 
be retained aboard for use as attractants. The live well must provide a 
minimum of \3/4\ gallons (1.7 liters) of seawater per spiny lobster. An 
undersized spiny lobster so retained must be released to the water alive 
and unharmed immediately upon leaving the trap lines and prior to one 
hour after official sunset each day.
    (d) Tail separation. The possession aboard a fishing vessel of a 
separated spiny lobster tail in or from the EEZ is authorized only when 
the possession is incidental to fishing exclusively in the EEZ on a trip 
of 48 hours or more and a Federal tail-separation permit specified in 
Sec. 640.4(a)(2) has been issued to and is on board the vessel.

[57 FR 56520, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994]



Sec. 640.22  Gear and diving restrictions.

    (a) Prohibited gear and methods. (1) A spiny lobster may not be 
taken in the EEZ with a spear, hook, or similar device, or gear 
containing such devices. In the EEZ, the possession of a speared, 
pierced, or punctured spiny lobster is prima facie evidence that 
prohibited gear was used to take such lobster. Hook, as used in this 
paragraph (a)(1), does not include a hook in a hook-and-line fishery for 
species other than spiny lobster; and possession of a spiny lobster that 
has been speared, pierced, or punctured by such hook is not considered 
evidence that prohibited gear was used to take the spiny lobster, 
provided no prohibited gear is on board the vessel.
    (2) A spiny lobster may not be taken in a directed fishery by the 
use of a net or trawl. See Sec. 640.23(d) for the bycatch limits 
applicable to a vessel that uses or has on board a net or trawl.
    (3) Poisons and explosives may not be used to take a spiny lobster 
or slipper lobster in the EEZ. For the purposes of this paragraph 
(a)(3), chlorine, bleach, and similar substances, which are used to 
flush a spiny lobster out of rocks or coral, are poisons. A vessel in 
the spiny lobster or slipper lobster fishery may not possess on board in 
the EEZ any dynamite or similar explosive substance.
    (b) Traps. (1) In the EEZ, a spiny lobster trap may be no larger in 
dimension than 3 feet by 2 feet by 2 feet (91.4 cm by 61.0 cm by 61.0 
cm), or the volume equivalent. A trap constructed of material other than 
wood must have a panel constructed of wood, cotton, or other material 
that will degrade at the same rate as a wooden trap. Such panel must be 
located in the upper half of the sides or on top of the trap, so that, 
when removed, there will be an opening in the trap no smaller than the 
diameter found at the throat or entrance of the trap.
    (2) A spiny lobster trap in the EEZ may be pulled or tended during 
daylight hours only, that is, from 1 hour before official sunrise to 1 
hour after official sunset.
    (3) A spiny lobster trap in the EEZ may be pulled or tended only by 
the owner's vessel, or by a vessel for which permission to pull or work 
traps belonging to another person has been granted--
    (i) For traps in the EEZ off Florida, by the Florida Division of Law 
Enforcement, Department of Environmental Protection, in accordance with 
the procedures in Rule 46-24.006(7), Florida Administrative Code, in 
effect as of June 1, 1994. This incorporation by reference was approved 
by the Director of the Office of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the 
Florida Marine Fisheries Commission, 2540 Executive Center Circle West, 
Suite 106, Tallahassee,

[[Page 193]]

FL 32301; telephone: 904-487-0554. Copies may be inspected at the Office 
of the Regional Director; the Office of Fisheries Conservation and 
Management, NMFS, 1315 East-West Highway, Silver Spring, MD; or the 
Office of the Federal Register, 800 North Capitol Street NW, Suite 700, 
Washington, DC.
    (ii) For traps in the EEZ, other than off Florida, by the Regional 
Director, as may be arranged upon written request.

[57 FR 56520, Nov. 30, 1992, as amended at 58 FR 38980, July 21, 1993; 
60 FR 41831, Aug. 14, 1995]



Sec. 640.23  Bag/possession limits.

    (a) EEZ off the southern Atlantic states, other than Florida. The 
daily bag or possession limit for spiny lobster in or from the EEZ off 
the southern Atlantic states, other than Florida, is two per person for 
commercial and recreational fishing, year-round.
    (b) EEZ off Florida and off the Gulf states, other than Florida--(1) 
Commercial and recreational fishing season. Except as specified in 
paragraphs (b)(3) and (b)(4) of this section, during the commercial and 
recreational fishing season specified in Sec. 640.20(b)(1), the daily 
bag or possession limit of spiny lobster in or from the EEZ off Florida 
and off the Gulf states, other than Florida, is six per person.
    (2) Special recreational fishing seasons. During the special 
recreational fishing seasons specified in Sec. 640.20(b)(2), the daily 
bag or possession limit of spiny lobster--
    (i) In or from the EEZ off the Gulf states, other than Florida, is 
six per person;
    (ii) In or from the EEZ off Florida other than off Monroe County, 
Florida, is twelve per person; and
    (iii) In or from the EEZ off Monroe County, Florida, is six per 
person.
    (3) Exemption from the bag/possession limit. During the commercial 
and recreational fishing season specified in Sec. 640.20(b)(1), a person 
is exempt from the bag and possession limit specified in paragraph (a) 
of this section, provided--
    (i) The harvest of spiny lobsters is by diving, or by the use of a 
bully net, hoop net, or spiny lobster trap; and
    (ii) The vessel from which the person is operating has on board the 
required licenses, certificates, or permits, as specified in 
Sec. 640.4(a)(1).
    (4) Harvest by net or trawl. During the commercial and recreational 
fishing season specified in Sec. 640.20(b)(1), aboard a vessel with the 
required licenses, certificates, or permits specified in 
Sec. 640.4(a)(1) that harvests spiny lobster by net or trawl or has on 
board a net or trawl, the possession of spiny lobster in or from the EEZ 
off Florida and off the Gulf states, other than Florida, may not exceed 
at any time 5 percent, whole weight, of the total whole weight of all 
fish lawfully in possession on board such vessel. If such vessel 
lawfully possesses a separated spiny lobster tail, the possession of 
spiny lobster in or from the EEZ may not exceed at any time 1.6 percent, 
by weight of the spiny lobster or parts thereof, of the total whole 
weight of all fish lawfully in possession on board such vessel. For the 
purposes of this paragraph (b)(4), the term ``net or trawl'' does not 
include a hand-held net, a loading or dip net, a bully net, or a hoop 
net.
    (5) Diving at night. The provisions of paragraph (b)(3) of this 
section notwithstanding, a person who harvests spiny lobster in the EEZ 
by diving at night, that is, from 1 hour after official sunset to 1 hour 
before official sunrise, is limited to the bag limit specified in 
paragraph (b)(1) of this section, whether or not a Federal vessel permit 
specified in Sec. 640.4(a)(1) has been issued to and is on board the 
vessel from which the diver is operating.
    (c) Combination of bag/possession limits. A person who fishes for or 
possesses spiny lobster in or from the EEZ under a bag or possession 
limit specified in paragraph (a) or (b) of this section may not combine 
the bag or possession limits of those paragraphs or combine such bag or 
possession limit with a bag or possession limit applicable to state 
waters.
    (d) Responsibility for bag/possession limits. The operator of a 
vessel that fishes for or possesses spiny lobster in or from the EEZ is 
responsible for the cumulative bag or possession limit specified in 
paragraphs (a) and (b) of this section applicable to that vessel, based 
on the number of persons aboard.

[[Page 194]]

    (e) Transfer at sea. A person who fishes for or possesses spiny 
lobster in or from the EEZ under a bag or possession limit specified in 
paragraph (a) or (b) of this section may not transfer a spiny lobster at 
sea from a fishing vessel to any other vessel, and no person may receive 
at sea such spiny lobster.

[60 FR 41831, Aug. 14, 1995]



Sec. 640.24  Authorized activities.

    The Assistant Administrator may authorize, for the acquisition of 
information and date, activities otherwise prohibited by the regulations 
in this part.

[57 FR 56520, Nov. 30, 1992, as amended at 60 FR 41832, Aug. 14, 1995]

                            Figures--Part 640
[GRAPHIC] [TIFF OMITTED] TC03MR91.059

[47 FR 29203, July 2, 1982. Redesignated at 57 FR 56518, Nov. 30, 1992]



PART 644--ATLANTIC BILLFISHES--Table of Contents




                      Subpart A--General Provisions

Sec.
644.1  Purpose and scope.
644.2  Definitions.
644.3  Relation to other laws.
644.4  Permits and fees. [Reserved]
644.5  Recordkeeping and reporting.
644.6  Vessel identification. [Reserved]
644.7  Prohibitions.
644.8  Facilitation of enforcement.
644.9  Penalties.
644.10  Recordkeeping and reporting.

                     Subpart B--Management Measures

644.20  Fishing year.
644.21  Size limits.
644.22  Gear limitations.
644.23  Incidental catch restrictions.
644.24  Restrictions on sale.
644.25  Specifically authorized activities.
644.26  Catch limits.

    Authority: 16 U.S.C. 1801 et seq.

    Source: 53 FR 37769, Sept. 28, 1988, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 644.1  Purpose and scope.

    (a) The purpose of this part is to implement the Fishery Management 
Plan for Atlantic Billfishes prepared jointly by the South Atlantic, New 
England, Mid-Atlantic, Gulf of Mexico, and Caribbean Fishery Management 
Councils.
    (b) This part governs conservation and management of billfish off 
the Atlantic, Gulf of Mexico, and Caribbean coastal states, and 
regulates the possession or sale in any state of a billfish harvested 
from its management unit.

[53 FR 37769, Sept. 28, 1988, as amended at 56 FR 13417, Apr. 2, 1991]

[[Page 195]]



Sec. 644.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 620.2 
of this chapter, the terms used in this part have the following 
meanings:
    Billfish means sailfish, Istiophorus platypterus; white marlin, 
Tetrapturus albidus; blue marlin, Makaira nigricans, and longbill 
spearfish, Tetrapturus pfluegeri.
    Billfish tournament means any fishing competition involving billfish 
in which participants must register or otherwise enter or in which a 
prize or award is offered for catching billfish.
    Councils means the following Regional Fishery Management Councils:
    (a) South Atlantic Fishery Management Council, Southpark Building, 
Suite 306, 1 Southpark Circle, Charleston, SC 29407-4699;
    (b) New England Fishery Management Council, Suntaug Office Park, 5 
Broadway, Saugus, MA 01906;
    (c) Mid-Atantic Fishery Management Council, Federal Building, Room 
2115, 300 South New Street, Dover, DE 19901-6790;
    (d) Gulf of Mexico Fishery Management Council, 5401 W. Kennedy 
Boulevard, Suite 881, Tampa, FL 33609;
    (e) Caribbean Fishery Management Council, Suite 1108, Banco de Ponce 
Building, Hato Rey, PR 00918-2577.
    Dealer, for the purposes of this part 644, means a person, other 
than the consumer, who receives fish by way of purchase, barter, or 
trade.
    Drift net, sometimes called a drift entanglement net or drift gill 
net, means a flat, unmoored net suspended vertically in the water that 
entangles the head or other body parts of fish that attempt to pass 
through the meshes.
    EEZ, for the purposes of this part 644, means the EEZ, as defined at 
50 CFR 620.2, in the Atlantic Ocean including the Gulf of Mexico and the 
Caribbean Sea.
    Eye-fork length (EFL) means the straight-line measurement from the 
eye to the fork of the caudal fin, as shown in figure 1.
[GRAPHIC] [TIFF OMITTED] TC03MR91.060

    Lower jaw-fork length (LJFL) means the straight-line measurement 
from the tip of the lower jaw to the fork of the caudal fin, as shown in 
figure 1.
    Management unit means--
    (a) For blue marlin and white marlin, the waters of the North 
Atlantic Ocean (including the Gulf of Mexico and the Caribbean Sea) 
north of 5 deg. N. latitude;

[[Page 196]]

    (b) For sailfish, the waters of the North and South Atlantic Oceans 
(including the Gulf of Mexico and the Caribbean Sea) west of 30 deg. W. 
longitude; and
    (c) For longbill spearfish, the waters of the entire North and South 
Atlantic Oceans (including the Gulf of Mexico and the Caribbean Sea).
    Pelagic longline means a type of fishing gear consisting of a length 
of line suspended horizontally in the water above the bottom from lines 
attached to surface floats and to which gangions (leaders) and hooks are 
attached.
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702; telephone 813-570-
5301, or a designee.
    Related species means black marlin, Makaira indica; striped marlin, 
Tetrapturus audax; or shortbill spearfish, Tetrapturus angustirostris.
    Rod and reel means a hand-held (includes rod holder) fishing rod 
with a manually or electrically operated reel attached.
    Science and Research Director means the Science and Research 
Director, Southeast Fisheries Center, NMFS, 75 Virginia Beach Drive, 
Miami, FL 33149, telephone 305-361-5761, or a designee.
    Total length (TL) means the straight-line measurement from the tip 
of the upper jaw to the plane of the more extended tip of the caudal fin 
when in its natural position, as shown in figure 1.

[53 FR 37769, Sept. 28, 1988, as amended at 56 FR 13417, Apr. 2, 1991; 
60 FR 35341, July 7, 1995]



Sec. 644.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 620.3 of this chapter and paragraph (b) of this section.
    (b) Regulations governing fishing in the EEZ by vessels other than 
vessels of the United States appear at 50 CFR part 611, subpart A, and 
Secs. 611.60 and 611.61.



Sec. 644.4  Permits and fees. [Reserved]



Sec. 644.5  Recordkeeping and reporting.

    A person conducting a billfish tournament from a port in an 
Atlantic, Gulf of Mexico, or Caribbean State, and who is selected by the 
Science and Research Director, must maintain and submit a fishing record 
on forms available from the Science and Research Director for each day 
of fishing in the tournament. Forms must be submitted so as to be 
received by the Science and Research Director within 10 days of the 
conclusion of the tournament and must be accompanied by a copy of the 
tournament rules.
    (a) The following information must be included on each form:
    (1) Tournament name;
    (2) Recorder's name and telephone number;
    (3) Date for which the information is recorded;
    (4) Hours fished (time from first line in the water to last line out 
of the water);
    (5) Name of each vessel fishing that day;
    (6) For each vessel listed, the species of each billfish boated or 
released;
    (7) The weight and length of each billfish brought ashore;
    (8) The name, address, and signature of the tournament director; and
    (9) The date signed.
    (b) In addition to the information required to be reported by 
paragraph (a) of this section, the following information is desired, but 
is not mandatory:
    (1) Prevailing weather conditions on the day reported, such as wind 
speed and direction, and sea height and direction; and
    (2) Whether a tag was attached before the billfish was released.

(Approved by the Office of Management and Budget under control number 
0648-0031)

    Effective Date Note: At 63 FR 14033, Mar. 24, 1998, Sec. 644.5 was 
suspended, effective Mar. 27, 1998, through Sept. 23, 1998. At 63 FR 
51859, Sept. 29, 1998, the suspension of Sec. 644.5 was extended through 
Mar. 19, 1999.



Sec. 644.6  Vessel identification. [Reserved]



Sec. 644.7  Prohibitions.

    In addition to the general prohibitions specified in Sec. 620.7 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Falsify or fail to report information required to be submitted, 
as specified in Sec. 644.5.

[[Page 197]]

    (b) Possess a billfish less than the minimum size limit specified in 
Sec. 644.21(a).
    (c) Fail to release a billfish in the manner specified in 
Sec. 644.21(b) or Sec. 644.23.
    (d) Possess a billfish with its head, fins, or bill removed 
shoreward of the outer boundary of the EEZ or through landing, as 
specified in Sec. 644.21(c).
    (e) Possess or retain a billfish by a vessel with a pelagic longline 
or drift net aboard or harvested by gear other than rod and reel, as 
specified in Sec. 644.22.
    (f) Purchase, barter, trade, sell, or offer for sale a billfish 
harvested from its management unit, as specified in Sec. 644.24(a).
    (g) Falsify information submitted in accordance with Sec. 644.24(b).
    (h) As a dealer or seafood processor, possess a billfish or related 
species without the documentation specified in Sec. 644.24(b), or with 
incomplete or falsified documentation.
    (i) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson Act.

(Information collection requirements in paragraph (g) were approved by 
the Office of Management and Budget under control number 0648-0216)

[53 FR 37769, Sept. 28, 1988, as amended at 54 FR 14239, Apr. 10, 1989; 
56 FR 13417, Apr. 2, 1991]



Sec. 644.8  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.



Sec. 644.9  Penalties.

    See Sec. 620.9 of this chapter.

    Effective Date Note: At 63 FR 14033, Mar. 24, 1998, Sec. 644.10 was 
added, effective Mar. 27, 1998, through Sept. 23, 1998. At 63 FR 51859, 
Sept. 29, 1998, the effectiveness of Sec. 644.10 was extended through 
Mar. 19, 1999.



Sec. 644.10  Recordkeeping and reporting.

    A person conducting a fishing tournament involving score keeping or 
awards for the capture of Atlantic billfish, regardless of whether 
retained, from a port in an Atlantic, Gulf of Mexico, or Caribbean state 
must notify the Science Director of the purpose, dates, and location of 
the tournament by letter postmarked, or fax dated, at least 4 weeks 
prior to commencement. If selected in writing by the Science Director 
for reporting, that person must maintain and submit a fishing record on 
forms available from the Science Director for each day of fishing in the 
tournament. Completed forms must be submitted to the Science Director 
postmarked not later than the seventh day after the conclusion of the 
tournament and must be accompanied by a copy of the tournament rules.
    (a) The following information must be included on each form:
    (1) Tournament name.
    (2) Recorder's name and telephone number.
    (3) Date for which the information is recorded.
    (4) Hours fished (time from first line in the water to last line out 
of the water).
    (5) Name of each vessel fishing that day.
    (6) For each vessel listed, the species of each billfish boated or 
released.
    (7) The weight and length of each billfish brought ashore.
    (8) The name, address, and signature of the tournament director.
    (9) The date signed.
    (b) In addition to the information required to be reported by 
paragraph (a) of this section, the following information is desired, but 
is not mandatory:
    (1) Prevailing weather conditions on the day reported, such as wind 
speed and direction, and sea height and direction.
    (2) Whether a tag was attached before the billfish was released.

[63 FR 14033, Mar. 24, 1998]



                     Subpart B--Management Measures



Sec. 644.20  Fishing year.

    The fishing year is January 1 through December 31.



Sec. 644.21  Size limits.

    (a) The following minimum size limits, expressed in terms of lower 
jaw-fork length (LJFL), apply for the possession of billfish shoreward 
of the outer boundary of the EEZ, regardless of where caught:

[[Page 198]]

    (1) Blue marlin--86 in.
    (2) White marlin--62 in.
    (3) Sailfish--57 in.
    (4) Longbill spearfish--no minimum size.
    (b) A billfish under the minimum size limit caught shoreward of the 
outer boundary of the EEZ must be released by cutting the line near the 
hook without removing the fish from the water.
    (c) A billfish possessed aboard a fishing vessel shoreward of the 
outer boundary of the EEZ must have its head, fins, and bill intact, and 
a billfish landed from a fishing vessel in an Atlantic, Gulf of Mexico, 
or Caribbean coastal state must have its head, fins, and bill intact 
through landing. Such billfish may be eviscerated but must otherwise be 
maintained in a whole condition.
    (d) The following approximations of the minimum size limits for blue 
marlin, white marlin, and sailfish, expressed in terms of EFL, LJFL, TL, 
and whole, live weight, are provided for the convenience of fishermen. 
These approximations may not be substituted for the minimum size limits 
expressed in terms of LJFL specified in paragraph (a) of this section.

------------------------------------------------------------------------
                                              Lower
                                  Eye-fork  jaw-fork    Total    Whole,
                                   length    length    length   live wt.
                                    (in.)     (in.)     (in.)    (lbs.)
------------------------------------------------------------------------
Blue marlin.....................        75        86       110       200
White marlin....................        53        62        81        50
Sailfish........................        49        57        76        30
------------------------------------------------------------------------


[53 FR 37769, Sept. 28, 1988, as amended at 56 FR 13417, Apr. 2, 1991]

    Effective Date Notes: At 63 FR 14034, Mar. 24, 1998, Sec. 644.21 was 
amended by suspending paragraphs (a) and (d) and adding paragraph (e) 
effective Mar. 27, 1998, through Sept. 23, 1998.
    2. At 63 FR 51859, Sept. 29, 1998, Sec. 644.21 was amended by 
extending the effectiveness of the suspension of paragraphs (a) and (d), 
until Mar. 19, 1999. At 63 FR 51862, Sept. 29, 1998, Sec. 644.21 was 
amended by suspending paragraph (e) and by adding paragraph (f), 
effective Sept. 24, 1998, through Mar. 19, 1999. For the convenience of 
the user, paragraphs (e) and (f) are set forth as follows:



Sec. 644.21  Size limits.

                                * * * * *

    (e) The following minimum size limits, expressed in terms of lower 
jaw-fork length (LJFL), apply for the possession of billfish shoreward 
of the outer boundary of the EEZ, regardless of where caught:

(1) Blue marlin--96 inches (244 cm)
(2) White marlin--66 inches (168 cm)
(3) Sailfish--57 inches (145 cm)
    (f) The following minimum size limits, expressed in terms of lower 
jaw-fork length (LJFL), apply for the possession of billfish shoreward 
of the outer boundary of the EEZ, regardless of where caught:
    (1) Blue marlin-99 inches (251 cm)
    (2) White marlin-66 inches (168 cm)
    (3) Sailfish-57 inches (145 cm)



Sec. 644.22  Gear limitations.

    (a) The possession or retention shoreward of the outer boundary of 
the EEZ of a billfish harvested by gear other than rod and reel is 
prohibited.
    (b) The possession or retention shoreward of the outer boundary of 
the EEZ of a billfish by a vessel with a pelagic longline or drift net 
aboard is prohibited.



Sec. 644.23  Incidental catch restrictions.

    A billfish harvested by gear other than rod and reel shoreward of 
the outer boundary of the EEZ must be released in a manner that will 
ensure maximum probability of survival. A billfish caught by a pelagic 
longline shoreward of the outer boundary of the EEZ must be released by 
cutting the line near the hook without removing the fish from the water.



Sec. 644.24  Restrictons on sale.

    (a) A billfish harvested from its management unit may not be 
purchased, bartered, traded, sold, or offered for sale in any state.
    (b) Except for a billfish or related species landed in a Pacific 
state and remaining in the state of landing, a billfish or related 
species that is possessed by a dealer or seafood processor will be 
presumed to be a billfish harvested from its management unit unless it 
is accompanied by documentation that the billfish was harvested from 
outside its management unit or the related species was harvested from 
other than the Atlantic Ocean (including the Gulf

[[Page 199]]

of Mexico and the Caribbean Sea). Such documentation must contain:
    (1) The information specified in 50 CFR part 246 for marking 
containers or packages of fish or wildlife that are imported, exported, 
or transported in interstate commerce.
    (2) The name and home port of the vessel harvesting the billfish or 
related species;
    (3) The port and date of offloading from the vessel harvesting the 
billfish or related species; and
    (4) A statement signed by the dealer or seafood processor attesting 
that each billfish was harvested from an area other than its management 
unit and each related species was harvested from other than the Atlantic 
Ocean (including the Gulf of Mexico and the Caribbean Sea).

[56 FR 13418, Apr. 2, 1991]



Sec. 644.25  Specifically authorized activities.

    The Secretary may authorize, for the acquisition of information and 
data, activities otherwise prohibited by these regulations.

    Effective Date Note: At 63 FR 51862, Sept. 29, 1998, Sec. 644.26 was 
added, effective September 24, 1998, through March 19, 1999.



Sec. 644.26  Catch Limits.

    (a) Only one Atlantic marlin (either a blue marlin or a white 
marlin) may be possessed or landed per vessel per trip.
    (b) If he determines after considering the most recent tournament 
and other landings data that such action is necessary to comply 
international obligations, the Assistant Administrator may increase or 
reduce the catch limit, including reduction to zero Atlantic marlin per 
vessel per trip. The Assistant Administrator will publish a notice in 
the Federal Register of any adjustment in the allowable catch limit per 
trip under this paragraph.

[63 FR 51862, Sept. 29, 1998]



PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents




                      Subpart A--General Provisions

Sec.
648.1  Purpose and scope.
648.2  Definitions.
648.3  Relation to other laws.
648.4  Vessel and individual commercial permits.
648.5  Operator permits.
648.6  Dealer/processor permits.
648.7  Recordkeeping and reporting requirements.
648.8  Vessel identification.
648.9  VTS requirements.
648.10  DAS notification requirements.
648.11  At-sea sea sampler/observer coverage.
648.12  Experimental fishing.
648.13  Transfers at sea.
648.14  Prohibitions.
648.15  Facilitation of enforcement.
648.16  Penalties.
648.17  Exemptions for vessels fishing in the NAFO Regulatory Area for 
          Multispecies vessels.

  Subpart B--Management Measures for the Atlantic Mackerel, Squid, and 
                          Butterfish Fisheries

648.20  Maximum optimum yield (OYs).
648.21  Procedures for determining initial annual amounts.
648.22  Closure of the fishery.
648.23  Gear restrictions.

           Subpart C--Management Measures for Atlantic Salmon

648.40  Prohibition on possession.

  Subpart D-- Management Measures for the Atlantic Sea Scallop Fishery

648.50  Shell-height standard.
648.51  Gear and crew restrictions.
648.52  Possession limits.
648.53  DAS allocations.
648.54  State waters exemption.
648.55  Framework specifications.
648.56  Scallop research project.
648.57  Closed areas.

  Subpart E--Management Measures for the Atlantic Surf Clam and Ocean 
                            Quahog Fisheries

648.70  Annual individual allocations.
648.71  Catch quotas.
648.72  Minimum surf clam size.
648.73  Closed areas.
648.74  Shucking at sea.
648.75  Cage identification.
648.76  Maine mahogany quahog zone.

     Subpart F--Management Measures for the NE Multispecies Fishery

648.80  Regulated mesh areas and restrictions on gear and methods of 
          fishing.
648.81  Closed areas.

[[Page 200]]

648.82  Effort-control program for limited access vessels.
648.83  Minimum fish sizes.
648.84  Gear-marking requirements and gear restrictions.
648.85  Flexible Area Action System.
648.86  Possession restrictions.
648.87  Gillnet requirements to reduce or prevent marine mammal takes.
648.88  Open access permit restrictions.
648.89  Recreational and charter/party restrictions.
648.90  Framework specifications.

     Subpart G--Management Measures for the Summer Flounder Fishery

648.100  Catch quotas and other restrictions.
648.101  Closures.
648.102  Time restrictions.
648.103  Minimum fish sizes.
648.104  Gear restrictions.
648.105  Possession restrictions.
648.106  Sea turtle conservation.

           Subpart H--Management Measures for the Scup Fishery

648.120  Catch quotas and other restrictions.
648.121  Closures.
648.122  Season and area restrictions.
648.123  Gear restrictions.
648.124  Minimum fish sizes.
648.125  Possession limit.
648.126  Protection of threatened and endangered sea turtles.

      Subpart I--Management Measures for the Black Sea Bass Fishery

648.140  Catch quotas and other restrictions.
648.141  Closure.
648.142  Time restrictions.
648.143  Minimum sizes.
648.144  Gear restrictions.
648.145  Possession limit.
648.146  Special management zones.

    Subpart J--Management Measures for the Atlantic Bluefish Fishery

648.160  Fishing year.
648.161  Possession limit.
648.162  Catch monitoring, commercial controls, and gear restrictions.
648.163  Closure of the fishery.

    Authority: 16 U.S.C. 1801 et seq.

    Source: 61 FR 34968, July 3, 1996, unless otherwise noted.

    Editorial Note: Nomenclature changes for part 648 appear at 62 FR 
14651, Mar. 27, 1997.



                      Subpart A--General Provisions



Sec. 648.1  Purpose and scope.

    (a) This part implements the fishery management plans (FMP) for the 
Atlantic mackerel, squid, and butterfish fisheries (Atlantic Mackerel, 
Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon FMP); the 
Atlantic sea scallop fishery (Atlantic Sea Scallop FMP (Scallop FMP)); 
the Atlantic surf clam and ocean quahog fisheries (Atlantic Surf Clam 
and Ocean Quahog FMP); the Northeast multispecies fishery (NE 
Multispecies FMP); the summer flounder, scup, and black sea bass 
fisheries (Summer Flounder, Scup, and Black Sea Bass FMP); and the 
Atlantic bluefish fishery (Atlantic Bluefish FMP). These FMPs and the 
regulations in this part govern the conservation and management of the 
above named fisheries of the Northeastern United States.
    (b) This part governs domestic fishing only. Foreign fishing is 
governed under subpart F of part 600 of this chapter.

[61 FR 34968, July 3, 1996, as amended at 61 FR 43424, Aug. 23, 1996; 62 
FR 13299, Mar. 20, 1997]



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 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.

[[Page 201]]

    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 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 Committee means the Bluefish FMP Review and Monitoring 
Committee of the MAFMC.
    Bonito means Sarda sarda.
    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.
    Cunner means Tautogolabrus adspersus.
    Council means the New England Fishery Management Council (NEFMC) for 
the Atlantic sea scallop and the NE multispecies fisheries, or the Mid-
Atlantic Fishery Management Council (MAFMC) for the Atlantic mackerel, 
squid, and butterfish; the Atlantic surf clam and ocean quahog; the 
summer flounder, scup, and black sea bass fisheries; and the Atlantic 
bluefish fishery.
    Day(s)-at-Sea (DAS), with respect to the NE multispecies and scallop 
fisheries, except as described in Sec. 648.82(k)(1)(v), means the 24-
hour periods of time during which a fishing vessel is absent from port 
in which the vessel intends to fish for, possess or land, or fishes for, 
possesses, or lands regulated species 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.
    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.
    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

[[Page 202]]

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 scallop fishery, from March 1 through the last day of 
February of the following year.
    (2) For the NE multispecies fishery, 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(f)(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.
    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. 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 dealer reporting 
system established by the Regional Administrator for the purpose of 
monitoring dealer purchases.
    John Dory means Zenopsis conchifera.
    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

[[Page 203]]

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' 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 or anglerfish means Lophius americanus.
    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 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' N. lat. and west of a line extending due north 
from 35 deg.00' N. lat. and 42 deg.00' W. long. to 59 deg.00' N. lat., 
thence due west to 44 deg.00' 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' 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)(3), (a)(4), (a)(8) through (13), (b)(3)(i) and (ii), 
(b)(5) through (8), and (d), (e), (h), and (i).
    Nonregulated multispecies means the subset of Northeast multispecies 
that includes silver hake, red hake and ocean pout.
    Northeast (NE) multispecies or multispecies means the following 
species:

American plaice--Hippoglossoides platessoides.
Atlantic cod--Gadus morhua.
Haddock--Melanogrammus aeglefinus.
Ocean Pout--Macrozoarces americanus.
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 ferrugineus.

    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

[[Page 204]]

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 multispecies fishery or DAS program means the period of 
time during which a vessel is absent from port and 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 or 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 mail receipt, overnight mail 
receipt, or receipt received upon hand delivery to an authorized 
representative of NMFS.
    Prior to leaving port means prior to departing from the last dock or 
mooring in port to engage in fishing, including the transport of fish to 
another port.
    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.
    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

[[Page 205]]

an opening greater than 1/4 the length 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 with respect to the NE 
multispecies fishery, 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.
    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.
    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, with respect to NE multispecies, means to tie-
up at a dock, on a mooring, or in a harbor.
    Tilefish means Lopholatilus chamaeleonticeps.
    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.

[[Page 206]]

    Upon returning to port, for purposes of the call-in notification 
system for the NE multispecies fishery, means the first point when a 
vessel ties up at a dock or mooring in a port at the end of a fishing 
trip.
    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 Tracking System (VTS) means a vessel tracking system as set 
forth in Sec. 648.9 and approved by NMFS for use by scallop and NE 
multispecies vessels, as required by this part.
    VTS unit means a device installed on board a vessel used for vessel 
tracking and transmitting the vessel's position as required by this 
part.
    Weakfish means Cynoscion regalis.
    Whiting means Merluccius bilinearis.

[61 FR 34968, July 3, 1996, as amended at 61 FR 39910, July 31, 1996; 61 
FR 43424, Aug. 23, 1996; 61 FR 49277, Sept. 19, 1996; 61 FR 56126, Oct. 
31, 1996; 61 FR 58464, Nov. 15, 1996; 62 FR 2620, Jan. 17, 1997; 62 FR 
9379, Mar. 3, 1997; 62 FR 10748, Mar. 10, 1997; 62 FR 13299, Mar. 20, 
1997; 62 FR 14646, Mar. 27, 1997; 62 FR 15385, Apr. 1, 1997; 62 FR 
49148, Sept. 19, 1997; 62 FR 51381, Oct. 1, 1997; 63 FR 11593, Mar. 10, 
1998; 63 FR 27484, May 19, 1998; 63 FR 40377, July 29, 1998; 63 FR 
52640, Oct. 1, 1998]

    Effective Date Note: At 63 FR 52640, Oct. 1, 1998, Sec. 648.2 was 
amended by adding the definitions Dealer code, IVR system, and Quota-
managed species, effective Nov. 1, 1998.



Sec. 648.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 600.705.
    (b) Nothing in these regulations supersedes more restrictive state 
management measures for any of the species referenced in Sec. 648.1 and, 
for Atlantic salmon, more restrictive local management measures.



Sec. 648.4  Vessel and individual commercial permits.

    (a) Fishery specific permit information. (1) NE multispecies 
vessels. Except for vessels that have been issued a valid High Seas 
Fishing Compliance permit, have declared their intent to fish, and fish 
exclusively in the NAFO Regulatory Area as provided in Sec. 648.17, any 
vessel of the United States, including a charter or party boat, must 
have been issued and have on board a valid multispecies permit to fish 
for, possess, or land multispecies finfish in or from the EEZ. 
Multispecies frames used as, or to be used as, bait on a vessel fishing 
exclusively with pot gear are deemed not to be multispecies finfish for 
purposes of this part provided that there is a receipt for the purchase 
of those frames on board the vessel.
    (i) Limited access multispecies permits--(A) Eligibility. To be 
eligible to apply for a limited access multispecies permit, as specified 
in Sec. 648.82, in 1996 and thereafter, a vessel must have been issued a 
limited access multispecies permit for the preceding year, must be 
replacing a vessel that was issued a limited access multispecies permit 
for the preceding year, or must qualify for a 1996 limited access 
multispecies hook-gear permit under this paragraph (a)(1)(i). Vessels 
qualifying for 1996 limited access multispecies hook-gear permits are 
qualified only for that limited access permit category. A vessel is 
eligible for a 1996 limited access multispecies hook-gear permit, 
provided:
    (1) The vessel was issued a 1995 open access multispecies hook-gear 
permit and the owner or operator of the vessel submitted to the Regional 
Administrator, no later than January 26, 1996, fishing log reports dated 
between June 1, 1994, and June 1, 1995, when fishing with hook gear 
under the open access hook-gear permit, documenting landings of at least 
500 lb (226.8 kg) of NE multispecies finfish, or its equivalent in 
numbers of fish; or
    (2) The vessel is replacing such a vessel.
    (B) Application/renewal restrictions. Owners of vessels must apply 
for a limited access multispecies hook-gear permit before September 1, 
1996, to receive an automatic mailing of an application to renew their 
permit in 1997 and to be assured that their permit application will be 
processed within 30 days. Vessel owners applying after December 31, 
1996, will be ineligible to apply for an initial limited access 
multispecies hook-gear permit. To renew or apply for a limited access 
multispecies permit, a completed application must be received by the 
Regional Administrator by the first day of the fishing

[[Page 207]]

year for which the permit is required. Failure to renew a limited access 
multispecies permit in any year bars the renewal of the permit in 
subsequent years.
    (C) Qualification restriction. Unless the Regional Administrator 
determines to the contrary, no more than one vessel may qualify, at any 
one time, for a limited access permit based on that or another vessel's 
fishing and permit history. If more than one vessel owner claims 
eligibility for a limited access permit, based on one vessel's fishing 
and permit history, the Regional Administrator will determine who is 
entitled to qualify for the permit and the DAS allocation according to 
paragraph (a)(1)(i)(D) of this section.
    (D) Change in ownership. The fishing and permit history of a vessel 
is presumed to transfer with the vessel whenever it is bought, sold, or 
otherwise transferred, unless there is a written agreement, signed by 
the transferor/seller and transferee/buyer, or other credible written 
evidence, verifying that the transferor/seller is retaining the vessel's 
fishing and permit history for purposes of replacing the vessel.
    (E) Replacement vessels. To be eligible for a limited access permit 
under this section, the replacement vessel must meet the following 
criteria and any applicable criteria under paragraph (a)(1)(i)(F) of 
this section:
    (1) The replacement vessel's horsepower may not exceed by more than 
20 percent the horsepower of the vessel that was initially issued a 
limited access permit as of the date the initial vessel applied for such 
permit.
    (2) The replacement vessel's length, GRT, and NT may not exceed by 
more than 10 percent the length, GRT, and NT of the vessel that was 
initially issued a limited access permit as of the date the initial 
vessel applied for such permit.
    (F) Upgraded vessel. A vessel may be upgraded, whether through 
refitting or replacement, and still be eligible for or be eligible to 
retain or renew a limited access permit, only if the upgrade complies 
with the following:
    (1) The vessel's horsepower may be increased, whether through 
refitting or replacement, only once. Such an increase may not exceed 20 
percent of the horsepower of the vessel initially issued a limited 
access permit as of the date the initial vessel applied for such permit.
    (2) The vessel's length, GRT, and NT may be increased, whether 
through refitting or replacement, only once. Any increase in any of 
these three specifications of vessel size may not exceed 10 percent of 
the respective specification of the vessel initially issued a limited 
access permit as of the date the initial vessel applied for such permit. 
If any of these three specifications is increased, any increase in the 
other two must be performed at the same time. This type of upgrade may 
be done separately from an engine horsepower upgrade.
    (G) Consolidation restriction. Limited access permits and DAS 
allocations may not be combined or consolidated.
    (H) Appeal of denial of permit. (1) Eligibility. Any applicant 
eligible to apply for an initial limited access multispecies hook-gear 
permit who is denied such permit may appeal the denial to the Regional 
Administrator within 30 days of the notice of denial. Any such appeal 
must be based on one or more of the following grounds, must be in 
writing, and must state the grounds for the appeal:
    (i) The information used by the Regional Administrator was based on 
mistaken or incorrect data.
    (ii) The applicant was prevented by circumstances beyond his/her 
control from meeting relevant criteria.
    (iii) The applicant has new or additional information.
    (2) Appeal review. The Regional Administrator will appoint a 
designee who will make the initial decision on the appeal. The appellant 
may request a review of the initial decision by the Regional 
Administrator by so requesting in writing within 30 days of the notice 
of the initial decision. If the appellant does not request a review of 
the initial decision within 30 days, the initial decision shall become 
the final administrative action of the Department of Commerce. Such 
review will be conducted by a hearing officer appointed by the Regional 
Administrator. The hearing officer shall make findings and a 
recommendation to the Regional Administratorch shall be advisory

[[Page 208]]

only. Upon receiving the findings and a recommendation, the Regional 
Administrator will issue a final decision on the appeal. The Regional 
Administrator's decision is the final administrative action of the 
Department of Commerce.
    (3) Status of vessels pending appeal. A vessel denied a limited 
access multispecies hook-gear permit may fish under the limited access 
multispecies hook-gear category, provided that the denial has been 
appealed, the appeal is pending, and the vessel has on board a letter 
from the Regional Administrator authorizing the vessel to fish under the 
limited access hook-gear category. The Regional Administrator will issue 
such a letter for the pendency of any appeal. Any such decision is the 
final administrative action of the Department of Commerce on allowable 
fishing activity, pending a final decision on the appeal. The letter of 
authorization must be carried on board the vessel. If the appeal is 
finally denied, the Regional Administrator shall send a notice of final 
denial to the vessel owner; the authorizing letter becomes invalid 5 
days after receipt of the notice of denial.
    (I) Limited access permit restrictions. (1) A vessel may be issued a 
limited access multispecies permit in only one category during a fishing 
year. Vessels may not change limited access multispecies permit 
categories during the fishing year, except as provided in paragraph 
(a)(1)(i)(I)(2) of this section. A vessel issued a limited access 
multispecies hook-gear permit may not change its limited access permit 
category at any time.
    (2) The owner of a vessel issued a limited access multispecies 
permit may request a change in permit category, unless otherwise 
restricted by paragraph (a)(1)(i)(I)(1) of this section. In 1996, a 
vessel owner has one opportunity to request a change in permit category 
by submitting an application to the Regional Administrator by August 14, 
1996. If a complete application is not submitted by that date, the 
vessel must fish only in the DAS program assigned for the remainder of 
the 1996 fishing year. Any DAS that a vessel uses prior to a change in 
permit category will be counted against its allocation received under 
any subsequent permit category. For 1997 and beyond, the owner of a 
limited access multispecies vessel eligible to request a change in 
permit category must elect a category prior to the start of each fishing 
year and will have one opportunity to request a change in permit 
category by submitting an application to the Regional Administrator 
within 45 days of issuance of the vessel's permit. After that date, the 
vessel must remain in that permit category for the duration of the 
fishing year.
    (3) With the exception of combination vessels, sea scallop dredge 
vessels are not eligible for limited access multispecies permits.
    (J) Confirmation of Permit History. Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person, may apply for and receive a 
Confirmation of Permit History (CPH) if the fishing and permit history 
of such vessel has been retained lawfully by the applicant. To be 
eligible to obtain a CPH, the applicant must show that the qualifying 
vessel meets the eligibility requirements, as applicable, in this part. 
Issuance of a valid and current CPH preserves the eligibility of the 
applicant to apply for or renew a limited access permit for a 
replacement vessel based on the qualifying vessel's fishing and permit 
history at a subsequent time, subject to the replacement provisions 
specified in this section. A CPH must be applied for and received on an 
annual basis in order for the applicant to preserve the fishing rights 
and limited access eligibility of the qualifying vessel. If fishing 
privileges have been assigned or allocated previously under this part, 
based on the qualifying vessel's fishing and permit history, the CPH 
also preserves such fishing privileges. Any decision regarding the 
issuance of a CPH for a qualifying vessel that has applied for or been 
issued previously a limited access permit is a final agency action 
subject to judicial review under 5 U.S.C. 704. An application for a CPH 
must be received by the Regional Administrator by the beginning of the 
fishing year for which it is required. Information requirements for the 
CPH

[[Page 209]]

application are the same as those for a limited access permit with any 
request for information about the vessel being applicable to the 
qualifying vessel that has been sunk, destroyed, or transferred. Vessel 
permit applicants who have been issued a CPH and who wish to obtain a 
vessel permit for a replacement vessel based upon the previous vessel 
history may do so pursuant to this paragraph (a)(1)(i)(J).
    (K) Abandonment or voluntary relinquishment of permits. If a 
vessel's limited access permit for a particular fishery is voluntarily 
relinquished to the Regional Administrator, or abandoned through failure 
to renew or otherwise, no limited access permit for that fishery may be 
re-issued or renewed based on that vessel's history or to any vessel 
relying on that vessel's history.
    (L) Restriction on permit splitting. A limited access multispecies 
permit may not be issued to a vessel or its replacement, or remain 
valid, if the vessel's permit or fishing history has been used to 
qualify another vessel for another Federal fishery.
    (ii) Open access permits. A vessel of the United States that has not 
been issued a limited access multispecies permit is eligible for and may 
be issued an open access multispecies handgear, charter/party or 
nonregulated multispecies permit and may fish for, possess and land 
multispecies finfish subject to the restrictions in Sec. 648.88. A 
vessel that has been issued a valid limited access scallop permit, but 
that has not been issued a limited access multispecies permit, is 
eligible for and may be issued an open access scallop multispecies 
possession limit permit and may fish for, possess and land multispecies 
finfish subject to the restrictions in Sec. 648.88. The owner of a 
vessel issued an open access permit may request a different open access 
permit category by submitting an application to the Regional 
Administrator at any time.
    (2) Atlantic sea scallop vessels-- Any vessel of the United States 
that fishes for, possesses, or lands Atlantic sea scallops in quantities 
greater than 40 lb (18.14 kg) shucked, or 5 bu (176.2 L) of in-shell 
scallops per trip, except vessels that fish exclusively in state waters 
for scallops, must have been issued and carry on board a valid scallop 
permit.
    (i) Limited access scallop permits. Any vessel of the United States 
that possesses or lands more than 400 lb (181.44 kg) of shucked, or the 
equivalent amount of in-shell scallops (50 bu (176.2 L)) per trip, 
except vessels that fish exclusively in state waters for scallops, must 
have been issued and carry on board a valid limited access scallop 
permit.
    (A) Eligibility. To be eligible to apply for a limited access 
scallop permit, a vessel must have been issued a limited access scallop 
permit for the preceding year, or the vessel must be replacing a vessel 
that has been issued a limited access scallop permit for the preceding 
year.
    (B) Application/renewal restrictions. To renew or apply for a 
limited access scallop permit, a completed application must be received 
by the Regional Administrator by the first day of the fishing year for 
which the permit is required. Failure to renew a limited access scallop 
permit in any year bars the renewal of the permit in subsequent years.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Percentage ownership restrictions. (1) For any vessel acquired 
after March 1, 1994, a vessel owner is not eligible to be issued a 
limited access scallop permit for the vessel if the issuance of the 
permit will result in the vessel owner, or any person who is a 
shareholder or partner of the vessel owner, having an ownership interest 
in limited access scallop vessels in excess of 5 percent of the number 
of all limited access scallop vessels at the time of permit application.
    (2) Vessel owners who were initially issued a 1994 limited access 
scallop permit, or were issued or renewed a limited access scallop 
permit for a vessel in 1995 and thereafter in compliance with the 
ownership restrictions in

[[Page 210]]

paragraph (a)(2)(i)(H)(1) of this section, are eligible to renew such 
permit(s), regardless of whether the renewal of the permits will result 
in the 5 percent ownership restriction being exceeded.
    (3) Having an ownership interest includes, but is not limited to, 
persons who are shareholders in a vessel owned by a corporation, who are 
partners (general or limited) to a vessel owner, or who, in any way, 
partly own a vessel.
    (I) Limited access permit restrictions. A vessel may be issued a 
limited access scallop permit in only one category during a fishing 
year. The owner of a vessel issued a limited access scallop permit must 
elect a permit category for that vessel prior to the start of each 
fishing year and will have one opportunity to request a change in permit 
category by submitting an application to the Regional Administrator 
within 45 days of issuance of the vessel's permit. After this date, the 
vessel must remain in that permit category for the duration of the 
fishing year. Any DAS that a vessel uses prior to a change in permit 
category will be counted against its allocation received under any 
subsequent permit category.
    (J) Confirmation of Permit History. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (ii) General scallop permit. Any vessel of the United States that is 
not in possession of a limited access scallop permit, and that 
possesses, or lands per trip, more than 40 lb (18.14 kg) and less than 
or including 400 lb (181.44 kg) of shucked meats, or the equivalent 
amount of in-shell scallops (5 and 50 bu (176.2 L and 176.2 L), 
respectively), except vessels that fish exclusively in state waters for 
scallops, must carry on board a valid general scallop permit.
    (3) Summer flounder vessels. Any vessel of the United States that 
fishes for or retains summer flounder in the EEZ must have been issued 
and carry on board a valid summer flounder permit, except for vessels 
other than party or charter vessels that observe the possession limit 
set forth in Sec. 648.105.
    (i) Moratorium permits (applicable through 1997). (A) Eligibility. 
To be eligible to apply for a moratorium permit to fish for and retain 
summer flounder in excess of the possession limit in Sec. 648.105 in the 
EEZ, a vessel must have been issued a summer flounder moratorium permit 
in a previous year or be replacing a vessel that was issued a moratorium 
permit for a previous year.
    (B) Application/renewal restriction. No one may apply for a summer 
flounder moratorium permit for a vessel after:
    (1) The owner retires the vessel from the fishery.
    (2) [Reserved]
    (C) Replacement vessels. To be eligible for a moratorium permit, the 
replacement vessel must meet the following criteria:
    (1) The replacement vessel's horsepower may not exceed by more than 
20 percent the horsepower of the vessel that was initially issued a 
moratorium permit as of January 2, 1998.
    (2) The replacement vessel's length, GRT, and NT may not exceed by 
more than 10 percent the length, GRT, and NT of the vessel that was 
initially issued a moratorium permit as of January 2, 1998.
    (3) A vessel's horsepower may be increased through replacement only 
once. A vessel's length, GRT, and NT may be increased through 
replacement only once. If any of these specifications is increased, any 
increase in the other two must be performed at the same time. This type 
of increase may be done separately from a horsepower increase.
    (ii) Party and charter boat permits. Any party or charter boat is 
eligible for a permit to fish for summer flounder, other than a summer 
flounder moratorium permit, if it is carrying passengers for hire. Such 
vessel must observe the possession limits specified in Sec. 648.105.
    (iii) Exemption permits. Owners of summer flounder vessels seeking 
an exemption from the minimum mesh requirement under the provisions of 
Sec. 648.104(b)(1) must apply to the Regional Administrator under 
paragraph (c) of this section at least 7 days prior to the date they 
wish the permit to become effective. The applicant must mark ``Exemption 
Permit Request'' on the permit application at the top. A permit issued 
under this paragraph

[[Page 211]]

(a)(3)(iii) does not meet the requirements of paragraph (a)(3)(i) of 
this section, but is subject to the other provisions of this section. 
Persons issued an exemption permit must surrender it to the Regional 
Administrator at least 1 day prior to the date they wish to fish not 
subject to the exemption. The Regional Administrator may impose 
temporary additional procedural requirements by publishing a 
notification in the Federal Register.
    (4) Surf clam and ocean quahog vessels. Any vessel of the United 
States that fishes for surf clams or ocean quahogs, except vessels 
taking surf clams and ocean quahogs for personal use or fishing 
exclusively within state waters, must have been issued and carry on 
board a valid surf clam or ocean quahog permit, respectively.
    (i) Maine mahogany quahog permit. (A) A vessel is eligible for a 
Maine mahogany quahog permit to fish for ocean quahogs in the Maine 
mahogany quahog zone if it meets the following eligibility criteria:
    (1) The vessel was issued a Federal Maine Mahogany Quahog 
Experimental Permit during one of the experimental fisheries authorized 
by the Regional Administrator between September 30, 1990, and September 
30, 1997; and,
    (2) The vessel landed at least one Maine bushel of ocean quahogs 
from the Maine mahogany quahog zone as documented by fishing or 
shellfish logs submitted to the Regional Administrator prior to January 
1, 1998.
    (B) Application/renewal restriction. No one may apply for a Maine 
mahogany quahog permit for a vessel after May 19, 1999.
    (C) Replacement vessels. To be eligible for a Maine mahogany quahog 
permit, a replacement vessel must be replacing a vessel of substantially 
similar harvesting capacity that is judged unseaworthy by the USCG, for 
reasons other than lack of maintenance, or that involuntarily left the 
fishery. Both the entering and replaced vessels must be owned by the 
same person. Vessel permits issued to vessels that involuntarily leave 
the fishery may not be combined to create larger replacement vessels.
    (D) Appeal of denial of a permit. (1) Any applicant denied a Maine 
mahogany quahog permit may appeal to the Regional Administrator within 
30 days of the notice of denial. Any such appeal shall be in writing. 
The only ground for appeal is that the Regional Administrator's designee 
erred in concluding that the vessel did not meet the criteria in 
paragraph (a)(4)(i)(A) of this section. The appeal must set forth the 
basis for the applicant's belief that the decision of the Regional 
Administrator's designee was made in error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the Regional Administrator.
    (3) The hearing officer shall make a recommendation to the Regional 
Administrator.
    (4) The Regional Administrator will make a final decision based on 
the criteria in paragraph (a)(4)(i)(A) of this section and on the 
available record, including any relevant documentation submitted by the 
applicant and, if a hearing is held, the recommendation of the hearing 
officer. The decision on the appeal by the Regional Administrator is the 
final decision of the Department of Commerce.
    (ii) [Reserved]
    (5) Mackerel, squid, and butterfish vessels. Any vessel of the 
United States, including party and charter vessels, must have been 
issued and carry on board a valid vessel permit to fish for, possess, or 
land Atlantic mackerel, squid, or butterfish in or from the EEZ.
    (i) Loligo squid and butterfish moratorium permit. (A) Eligibility. 
A vessel is eligible for a moratorium permit to fish for and retain 
Loligo squid or butterfish in excess of the incidental catch allowance 
specified in paragraph (a)(5)(iii) of this section, if it meets any of 
the following criteria:
    (1) The vessel landed and sold at least 20,000 lb (9.07 mt) of 
Loligo squid or butterfish in any 30 consecutive day period between 
August 13, 1981, and August 13, 1993.
    (2) The vessel is replacing such a vessel and the replacement vessel 
meets the requirements of paragraph (a)(5)(i)(C) of this section.
    (B) Application/renewal restrictions. No one may apply for an 
initial Loligo squid and butterfish moratorium permit for a vessel 
after:

[[Page 212]]

    (1) August 31, 1998; or
    (2) The owner retires the vessel from the fishery.
    (C) Replacement vessels. To be eligible for a moratorium permit, the 
replacement vessel must be replacing a vessel of substantially similar 
harvesting capacity that is judged unseaworthy by the USCG, for reasons 
other than lack of maintenance, or that involuntarily left the fishery 
during the moratorium. Both the entering and replaced vessels must be 
owned by the same person. Vessel permits issued to vessels that 
involuntarily leave the fishery may not be combined to create larger 
replacement vessels.
    (D) Appeal of denial of permit. (1) Any applicant denied a 
moratorium permit may appeal to the Regional Administrator within 30 
days of the notice of denial. Any such appeal shall be in writing. The 
only ground for appeal is that the Regional Administrator erred in 
concluding that the vessel did not meet the criteria in paragraph 
(a)(5)(i)(A)(1) of this section. The appeal shall set forth the basis 
for the applicant's belief that the Regional Administrator's decision 
was made in error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the Regional Administrator.
    (3) The hearing officer shall make a recommendation to the Regional 
Administrator.
    (4) The decision on the appeal by the Regional Administrator is the 
final decision of the Department of Commerce.
    (ii) Illex squid moratorium permit (Applicable from July 1, 1997, 
until July 1, 2002.)
    (A) Eligibility. A vessel is eligible for a moratorium permit to 
fish for and retain Illex squid in excess of the incidental catch 
allowance specified in paragraph (a)(5)(iii) of this section, if it 
meets any of the following criteria:
    (1) The vessel landed and sold 5,000 lb (2.27 mt) or more of Illex 
squid on at least 5 separate trips between August 13, 1981, and August 
13, 1993; or
    (2) The vessel is replacing such a vessel and meets the requirements 
of paragraph (a)(5)(i)(C) of this section.
    (3) The vessel was under construction for, or was being rerigged 
for, use in the directed fishery for Illex squid on August 13, 1993, and 
the vessel landed and sold 5,000 lb (2.27 mt) or more of Illex squid on 
at least 5 separate trips prior to December 31, 1994.
    (B) Application/renewal restrictions. No one may apply for an 
initial Illex squid moratorium permit for a vessel after:
    (1) August 31, 1998; or
    (2) The owner retires the vessel from the fishery.
    (C) Replacement vessels. See paragraph (a)(5)(i)(C) of this section.
    (D) Appeal of denial of permit. See paragraph (a)(3)(i)(D) of this 
section.
    (iii) Squid/butterfish incidental catch permit. Any vessel of the 
United States may obtain a permit to fish for or retain up to 2,500 lb 
(1.13 mt) of Loligo squid or butterfish, or up to 5,000 lb (2.27 mt) of 
Illex squid, as an incidental catch in another directed fishery. The 
incidental catch allowance may be revised by the Regional Administrator 
based upon a recommendation by the Council following the procedure set 
forth in Sec. 648.21.
    (iv) Atlantic mackerel permit. Any vessel of the United States may 
obtain a permit to fish for or retain Atlantic mackerel in or from the 
EEZ.
    (v) Party and charter boat permits. The owner of any party or 
charter boat must obtain a permit to fish for or retain in or from the 
EEZ mackerel, squid, or butterfish while carrying passengers for hire.
    (6) Scup vessels. Beginning on January 1, 1997, and subject to the 
eligibility requirements specified in paragraphs (a)(6)(i) and 
(a)(6)(ii) of this section, the owner of a vessel of the United States, 
including a party or charter vessel, must obtain a permit issued under 
this part to fish for or retain scup for sale, barter or trade, in or 
from the EEZ north of 35 deg.15.3' N. lat. Any vessel, other than a 
party or charter boat, that observes the possession limit restrictions 
established pursuant to, and the prohibition on sale specified in, 
Sec. 648.125 is exempt from the permit requirement.
    (i) Moratorium permit--(A) Eligibility. A vessel is eligible for a 
moratorium permit to fish for and retain scup for sale if it meets any 
of the following criteria:

[[Page 213]]

    (1) The vessel landed and sold scup between January 26, 1988, and 
January 26, 1993; or
    (2) The vessel is replacing such a vessel and meets the requirements 
of paragraph (a)(5)(i)(C) of this section.
    (3) The vessel was under construction for, or was being rerigged 
for, use in the directed fishery for scup on January 26, 1993, provided 
the vessel landed scup for sale by January 26, 1994.
    (B) Application/renewal restrictions. (1) No one may apply for an 
initial scup moratorium permit after August 31, 1998.
    (2) No one may apply for a scup moratorium permit after the owner 
retires the vessel from the fishery.
    (C) Replacement vessels. See paragraph (a)(5)(i)(C) of this section.
    (D) Appeal of denial of permit. (1) Any applicant denied a scup 
moratorium permit may appeal to the Regional Administrator within 30 
days of the notice of denial. Any such appeal shall be in writing. The 
only ground for appeal is that the Regional Administrator erred in 
concluding that the vessel did not meet the criteria in paragraph 
(a)(6)(i)(A)(1) of this section. The appeal shall set forth the basis 
for the applicant's belief that the Regional Administrator's decision 
was made in error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the Regional Administrator.
    (3) The hearing officer shall make a recommendation to the Regional 
Administrator.
    (4) The decision on the appeal by the Regional Administrator is the 
final decision of the Department of Commerce.
    (ii) Party and charter boat permit. Any party or charter boat is 
eligible for a permit to fish for scup, other than a scup moratorium 
permit, if it is carrying passengers for hire. Such vessel must observe 
the possession limits established pursuant to, and the prohibitions on 
sale specified in, Sec. 648.125.
    (7) Black sea bass vessels. Beginning June 1, 1997, any vessel of 
the United States that fishes for or retains black sea bass in or from 
the EEZ north of 35 deg.15.3' N. lat., the latitude of Cape Hatteras 
Light, NC, must have been issued and carry on board a valid black sea 
bass moratorium permit, except for vessels other than party or charter 
vessels that observe the possession limit established pursuant to 
Sec. 648.145.
    (i) Moratorium permits--(A) Eligibility. A vessel is eligible to 
receive a permit to fish for and retain black sea bass in excess of the 
possession limit established pursuant to Sec. 648.145 in the EEZ north 
of 35 deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC, if it 
meets any of the following criteria:
    (1) The vessel landed and sold black sea bass in the management unit 
between January 26, 1988, and January 26, 1993; or
    (2) The vessel was under construction for, or was being rerigged 
for, use in the directed fishery for black sea bass on January 26, 1993, 
provided the vessel landed black sea bass in the management unit for 
sale prior to January 26, 1994.
    (3) The vessel is replacing a vessel of substantially similar 
harvesting capacity that qualifies under the criteria in paragraphs 
(a)(7)(i)(A) (1) or (2) of this section, and both the entering and 
replaced vessels are owned by the same person. Vessel permits issued to 
vessels that leave the fishery may not be combined to create larger 
replacement vessels.
    (B) Application/renewal restrictions. No one may apply for an 
initial black sea bass moratorium permit after:
    (1) August 31, 1998; or
    (2) The owner retires the vessel from the fishery.
    (C) Qualification restriction. Unless the Regional Administrator 
determines to the contrary, no more than one vessel may qualify at any 
one time for a black sea bass moratorium permit based on that or another 
vessel's fishing and permit history. If more than one vessel owner 
claims eligibility for a black sea bass moratorium permit based on one 
vessel's fishing and permit history, the Regional Administrator will 
determine who is entitled to qualify for the permit according to 
paragraph (a)(7)(i)(D) of this section.
    (D) Change in ownership. The fishing and permit history of a vessel 
is presumed to transfer with the vessel

[[Page 214]]

whenever it is bought, sold, or otherwise transferred, unless there is a 
written agreement, signed by the transferor/seller and transferee/buyer, 
or other credible written evidence, verifying that the transferor/seller 
is retaining the vessel's fishing and permit history for purposes of 
replacing the vessel. If the fishing and permit history of the vessel is 
transferred, the transferee/buyer must comply with the requirements of 
paragraph (h) of this section for the continuation of a moratorium 
permit for his or her benefit.
    (E) Replacement vessels. To be eligible for a moratorium permit 
under this section, the replacement vessel must be of substantially 
similar harvesting capacity as the vessel that initially qualified for 
the moratorium permit, and both vessels must be owned by the same 
person. Vessel permits issued to vessels that leave the fishery may not 
be combined to create larger replacement vessels.
    (F) Appeal of denial of permit. (1) Any applicant denied a 
moratorium permit may appeal to the Regional Administrator within 30 
days of the notice of denial. Any such appeal shall be in writing. The 
only ground for appeal is that the Regional Administrator erred in 
concluding that the vessel did not meet the criteria in paragraph 
(a)(7)(i)(A) (1) or (2) of this section. The appeal shall set forth the 
basis for the applicant's belief that the Regional Administrator's 
decision was made in error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the Regional Administrator.
    (3) The hearing officer shall make a recommendation to the Regional 
Administrator.
    (4 ) The decision on the appeal by the Regional Administrator is the 
final decision of the Department of Commerce.
    (ii) Party and charter boat permit. The owner of any party or 
charter boat must obtain a permit to fish for or retain black sea bass 
in or from U.S. waters of the western Atlantic Ocean from 35 deg.15.3' 
N. lat., the latitude of Cape Hatteras Light, NC, northward to the U.S.-
Canada border, while carrying passengers for hire.
    (8) Atlantic bluefish individual permits. Any person selling 
bluefish harvested in the EEZ must have either a valid permit issued 
under this part or a valid State of landing permit to sell bluefish.
    (b) Permit conditions. Any person who applies for a fishing permit 
under this section must agree as a condition of the permit that the 
vessel and the vessel's fishing activity, catch, and pertinent gear 
(without regard to whether such fishing occurs in the EEZ or landward of 
the EEZ, and without regard to where such fish or gear are possessed, 
taken or landed), are subject to all requirements of this part, unless 
exempted from such requirements under this part. All such fishing 
activities, catch, and gear will remain subject to all applicable state 
requirements. Except as otherwise provided in this part, if a 
requirement of this part and a management measure required by a state or 
local law differ, any vessel owner permitted to fish in the EEZ for any 
species managed under this part must comply with the more restrictive 
requirement. Owners and operators of vessels fishing under the terms of 
a summer flounder moratorium, scup moratorium, or black sea bass 
moratorium permit must also agree not to land summer flounder, scup, or 
black sea bass, respectively, in any state after NMFS has published a 
notification in the Federal Register stating that the commercial quota 
for that state or period has been harvested and that no commercial quota 
is available for the respective species. A state not receiving an 
allocation of summer flounder, scup, or black sea bass, either directly 
or through a coastwide allocation, is deemed to have no commercial quota 
available. Owners or operators fishing for surf clams and ocean quahogs 
within waters under the jurisdiction of any state that requires cage 
tags are not subject to any conflicting Federal minimum size or tagging 
requirements. If a surf clam and ocean quahog requirement of this part 
differs from a surf clam and ocean quahog management measure required by 
a state that does not require cage tagging, any vessel owners or 
operators permitted to fish in the EEZ for surf clams and ocean quahogs 
must comply with the more restrictive requirement

[[Page 215]]

while fishing in state waters. However, surrender of a surf clam and 
ocean quahog vessel permit by the owner by certified mail addressed to 
the Regional Administrator allows an individual to comply with the less 
restrictive state minimum size requirement, as long as fishing is 
conducted exclusively within state waters. If the commercial black sea 
bass quota for a period is harvested and the coast is closed to the 
possession of black sea bass north of 35 deg.15.3' N. lat., any vessel 
owners that hold valid commercial permits for both the black sea bass 
and the NMFS Southeast Region Snapper-Grouper fisheries may surrender 
their moratorium Black Sea Bass permit by certified mail addressed to 
the Regional Administrator and fish pursuant to their Snapper-Grouper 
permit, as long as fishing is conducted exclusively in waters, and 
landings are made, south of 35 deg.15.3' N. lat. A moratorium permit for 
the black sea bass fishery that is voluntarily relinquished or 
surrendered will be reissued upon the receipt of the vessel owner's 
written request after a minimum period of 6 months from the date of 
cancellation.
    (c) Permit applications--(1) General. Applicants for a permit under 
this section must submit a completed application on an appropriate form 
obtained from the Regional Administrator. The application must be signed 
and submitted to the Regional Administrator at least 30 days before the 
date on which the applicant desires to have the permit made effective. 
The Regional Administrator will notify the applicant of any deficiency 
in the application pursuant to this section. Vessel owners who are 
eligible to apply for limited access or moratorium permits under this 
part shall provide information with the application sufficient for the 
Regional Administrator to determine whether the vessel meets the 
applicable eligibility requirements specified in this section.
    (2) Vessel permit information requirements. (i) With the exception 
of Atlantic bluefish permits, the requirements for which are described 
in paragraph (c)(3) of this section, an application for a permit issued 
under this section, in addition to the information specified in 
paragraph (c)(1) of this section, also must contain at least the 
following information, and any other information required by the 
Regional Administrator: Vessel name, owner name or name of the owner's 
authorized representative, mailing address, and telephone number; USCG 
documentation number and a copy of the vessel's current USCG 
documentation or, for a vessel not required to be documented under title 
46 U.S.C., the vessel's state registration number and a copy of the 
current state registration; a copy of the vessel's current party/charter 
boat license (if applicable), home port and principal port of landing, 
length overall, GRT, NT, engine horsepower, year the vessel was built, 
type of construction, type of propulsion, approximate fish hold 
capacity, type of fishing gear used by the vessel, number of crew, 
number of party or charter passengers licensed to be carried (if 
applicable), permit category, if the owner is a corporation, a copy of 
the current Certificate of Incorporation or other corporate papers 
showing the date of incorporation and the names of the current officers 
of the corporation, and the names and addresses of all shareholders 
owning 25 percent or more of the corporation's shares; if the owner is a 
partnership, a copy of the current Partnership Agreement and the names 
and addresses of all partners; if there is more than one owner, the 
names of all owners having a 25-percent interest or more; and permit 
number of any current or, if expired, previous Federal fishery permit 
issued to the vessel.
    (ii) An application for an initial limited access multispecies hook-
gear permit must also contain the following information:
    (A) If the engine horsepower was changed or a contract to change the 
engine horsepower had been entered into prior to July 1, 1996, such that 
it is different from that stated in the vessel's most recent application 
for a Federal fisheries permit before July 1, 1996, sufficient 
documentation to ascertain the different engine horsepower. However, the 
engine replacement must be completed within 1 year of the date on which 
the contract was signed.
    (B) If the length, GRT, or NT was changed or a contract to change 
the length, GRT, or NT had been entered

[[Page 216]]

into prior to July 1, 1996, such that it is different from that stated 
in the vessel's most recent application for a Federal fisheries permit, 
sufficient documentation to ascertain the different length, GRT, or NT. 
However, the upgrade must be completed within 1 year from the date on 
which the contract was signed.
    (iii) An application for a limited access multispecies permit must 
also contain the following information:
    (A) If applying for a limited access multispecies Combination Vessel 
permit or Individual DAS category permit, or if opting to use a VTS, a 
copy of the vendor installation receipt from a NMFS-approved VTS vendor 
as described in Sec. 648.9.
    (B) For vessels fishing for NE multispecies with gillnet gear, with 
the exception of vessels under the Small Vessel permit category, an 
annual declaration as either a Day or Trip gillnet vessel designation as 
described in Sec. 648.82(k). Vessel owners electing a Day gillnet 
designation must indicate the number of gillnet tags that they are 
requesting and must include a check for the cost of the tags. A permit 
holder letter will be sent to all eligible gillnet vessels informing 
them of the costs associated with this tagging requirement and 
directions for obtaining tags. Once a vessel owner has elected this 
designation, he/she may not change the designation or fish under the 
other gillnet category for the remainder of the fishing year. Incomplete 
applications, as described in paragraph (e) of this section, will be 
considered incomplete for the purpose of obtaining authorization to fish 
in the NE multispecies gillnet fishery and will be processed without a 
gillnet authorization.
    (iv) An application for a limited access scallop permit must also 
contain the following information:
    (A) For every person named by applicants for limited access scallop 
permits pursuant to paragraph (c)(2)(i) of this section, the names of 
all other vessels in which that person has an ownership interest and for 
which a limited access scallop permit has been issued or applied for.
    (B) If applying for full-time or part-time limited access scallop 
permit, or if opting to use a VTS unit, though not required, a copy of 
the vendor installation receipt from a NMFS-approved VTS vendor as 
described in Sec. 648.9.
    (C) If applying to fish under the small dredge program set forth 
under Sec. 648.51(e), an annual declaration into the program.
    (v) An application for a surf clam and ocean quahog permit must also 
contain the pump horsepower.
    (3) Atlantic bluefish individual commercial permit information 
requirements. In addition to the information specified in paragraph 
(c)(1) of this section, an application for an Atlantic bluefish 
individual commercial permit also must contain at least the following 
information, and any other information required by the Regional 
Administrator: The applicant's name; mailing address; telephone number; 
height; weight; hair color; and eye color; if the applicant represents a 
corporation, a copy of the current Certificate of Incorporation; and 
percentage of annual income derived from the sale of bluefish.
    (d) Fees. The Regional Administrator may charge a fee to recover 
administrative expenses of issuing a permit required under this section. 
The amount of the fee is calculated in accordance with the procedures of 
the NOAA Finance Handbook, available from the Regional Administrator, 
for determining administrative costs of each special product or service. 
The fee may not exceed such costs and is specified with each application 
form. The appropriate fee must accompany each application; if it does 
not, the application will be considered incomplete for purposes of 
paragraph (e) of this section. Any fee paid by an insufficiently funded 
commercial instrument shall render any permit issued on the basis 
thereof null and void.
    (e) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904, the Regional Administrator shall issue a permit within 30 days of 
receipt of the application, unless the application is deemed incomplete 
for the following reasons:
    (i) The applicant has failed to submit a complete application. An 
application is complete when all requested forms, information, 
documentation, and fees, if applicable, have been received and

[[Page 217]]

the applicant has submitted all applicable reports specified in 
Sec. 648.7;
    (ii) The application was not received by the Regional Administrator 
by the applicable deadline set forth in this section;
    (iii) The applicant and applicant's vessel failed to meet all 
applicable eligibility requirements set forth in this section;
    (iv) The applicant applying for a limited access multispecies 
combination vessel or individual DAS permit, a full-time or part-time 
limited access scallop permit, or electing to use a VTS, has failed to 
meet all of the VTS requirements specified in Secs. 648.9 and 648.10; or
    (v) The applicant has failed to meet any other application 
requirements stated in this part.
    (2) Incomplete applications. Upon receipt of an incomplete or 
improperly executed application for any permit under this part, the 
Regional Administrator shall notify the applicant of the deficiency in 
the application. If the applicant fails to correct the deficiency within 
30 days following the date of notification, the application will be 
considered abandoned.
    (f) Change in permit information. Any change in the information 
specified in paragraphs (c)(2) or (c)(3) of this section must be 
submitted by the applicant in writing to the Regional Administrator 
within 15 days of the change, or the permit is void.
    (g) Expiration. A permit expires upon the renewal date specified in 
the permit.
    (h) Duration. A permit will continue in effect unless it is revoked, 
suspended, or modified under 15 CFR part 904, or otherwise expires, or 
ownership changes, or the applicant has failed to report any change in 
the information on the permit application to the Regional Administrator 
as specified in paragraph (f) of this section. However, the Regional 
Administrator may authorize the continuation of a permit if the new 
owner so requests. Applications for permit continuations must be 
addressed to the Regional Administrator.
    (i) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (j) Reissuance. A permit may be reissued by the Regional 
Administrator when requested in writing, stating the need for 
reissuance, the name of the vessel (if applicable), and the fishing 
permit number assigned. An application for the reissuance of a permit 
will not be considered a new application. The fee for a reissued permit 
shall be the same as for an initial permit.
    (k) Transfer. A permit issued under this part is not transferable or 
assignable. A permit will be valid only for the fishing vessel, owner 
and/or person for which it is issued.
    (l) Display. A vessel permit must be carried, at all times, on board 
the vessel for which it is issued and shall be subject to inspection 
upon request by any authorized officer. A person issued a permit under 
this section must be able to present the permit for inspection when 
requested by an authorized officer. Permits must be maintained in 
legible condition.
    (m) Sanctions. The Assistant Administrator may suspend, revoke, or 
modify, any permit issued or sought under this section. Procedures 
governing enforcement-related permit sanctions or denials are found at 
subpart D of 15 CFR part 904.

[61 FR 34968, July 3, 1996, as amended at 61 FR 39910, July 31, 1996; 61 
FR 43424, Aug. 23, 1996; 61 FR 49277, Sept. 19, 1996; 61 FR 56126, Oct. 
31, 1996; 61 FR 58464, Nov. 15, 1996; 62 FR 13299, Mar. 20, 1997; 62 FR 
14646, Mar. 27, 1997; 62 FR 15386, Apr. 1, 1997; 62 FR 27984, May 22, 
1997; 62 FR 28642, May 27, 1997; 62 FR 51381, Oct. 1, 1997; 62 FR 63875, 
Dec. 3, 1997; 63 FR 11593, Mar. 10, 1998; 63 FR 27484, May 19, 1998; 63 
FR 32144, June 12, 1998]



Sec. 648.5  Operator permits.

    (a) General. Any operator of a vessel fishing for or possessing sea 
scallops in excess of 40 lb (18.1 kg), NE multispecies, and, as of 
January 1, 1997, mackerel, squid, or butterfish, or scup, and, as of 
June 1, 1997, black sea bass, harvested in or from the EEZ, or issued a 
permit for these species under this part, must have been issued under 
this section, and carry on board, a valid operator's permit. An operator 
permit issued pursuant to part 649 of this chapter satisfies the 
permitting requirement of this section. This requirement does not apply 
to operators of recreational vessels.

[[Page 218]]

    (b) Operator permit application. Applicants for a permit under this 
section must submit a completed application on an appropriate form 
provided by the Regional Administrator. The application must be signed 
by the applicant and submitted to the Regional Administrator at least 30 
days before the date upon which the applicant desires to have the permit 
made effective. The Regional Administrator will notify the applicant of 
any deficiency in the application, pursuant to this section.
    (c) Condition. Vessel operators who apply for an operator's permit 
under this section must agree as a condition of this permit that the 
operator and vessel's fishing, catch, crew size, and pertinent gear 
(without regard to whether such fishing occurs in the EEZ or landward of 
the EEZ, and without regard to where such fish or gear are possessed, 
taken, or landed) are subject to all requirements of this part while 
fishing in the EEZ or on board a vessel for which a permit is issued 
under Sec. 648.4, unless exempted from such requirements under 
Sec. 648.12. The vessel and all such fishing, catch, and gear will 
remain subject to all applicable state or local requirements. Further, 
such operators must agree, as a condition of this permit, that, if the 
permit is suspended or revoked pursuant to 15 CFR part 904, the operator 
cannot be aboard any fishing vessel issued a Federal fisheries permit or 
any vessel subject to Federal fishing regulations while the vessel is at 
sea or engaged in offloading. If a requirement of this part and a 
management measure required by state or local law differ, any operator 
issued a permit under this part must comply with the more restrictive 
requirement.
    (d) Information requirements. An applicant must provide at least all 
the following information and any other information required by the 
Regional Administrator: Name, mailing address, and telephone number; 
date of birth; hair color; eye color; height; weight; social security 
number (optional); and signature of the applicant. The applicant must 
also provide two recent (no more than 1 year old), color, passport-size 
photographs.
    (e) Fees. Same as Sec. 648.4(d).
    (f) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Administrator shall issue an operator's permit within 30 
days of receipt of a completed application, if the criteria specified 
herein are met. Upon receipt of an incomplete or improperly executed 
application, the Regional Administrator will notify the applicant of the 
deficiency in the application. If the applicant fails to correct the 
deficiency within 30 days following the date of notification, the 
application will be considered abandoned.
    (g) Expiration. Same as Sec. 648.4(g).
    (h) Duration. A permit is valid until it is revoked, suspended or 
modified under 15 CFR part 904, or otherwise expires, or the applicant 
has failed to report a change in the information on the permit 
application to the Regional Administrator as specified in paragraph (k) 
of this section.
    (i) Reissuance. Reissued permits, for otherwise valid permits, may 
be issued by the Regional Administrator when requested in writing by the 
applicant, stating the need for reissuance and the Federal operator 
permit number assigned. An applicant for a reissued permit must also 
provide two recent, color, passport-size photos of the applicant. An 
application for a reissued permit will not be considered a new 
application. An appropriate fee may be charged.
    (j) Transfer. Permits issued under this part are not transferable or 
assignable. A permit is valid only for the person to whom it is issued.
    (k) Change in permit application information. Notice of a change in 
the permit holder's name, address, or telephone number must be submitted 
in writing to, and received by, the Regional Administrator within 15 
days of the change in information. If written notice of the change in 
information is not received by the Regional Administrator within 15 
days, the permit is void.
    (l) Alteration. Same as Sec. 648.4(i).
    (m) Display. Any permit issued under this part must be maintained in 
legible condition and displayed for inspection upon request by any 
authorized officer or NMFS official.
    (n) Sanctions. Vessel operators with suspended or revoked permits 
may not

[[Page 219]]

be aboard a federally permitted fishing vessel in any capacity while the 
vessel is at sea or engaged in offloading. Procedures governing 
enforcement related permit sanctions and denials are found at subpart D 
of 15 CFR part 904.
    (o) Vessel owner responsibility. Vessel owners are responsible for 
ensuring that their vessels are operated by an individual with a valid 
operator's permit issued under this section.

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61 
FR 58465, Nov. 15, 1996]



Sec. 648.6  Dealer/processor permits.

    (a) General. All NE multispecies, sea scallop, summer flounder, surf 
clam and ocean quahog dealers, and surf clam and ocean quahog processors 
must have been issued under this section, and have in their possession, 
a valid permit for these species. As of January 1, 1997, all mackerel, 
squid, and butterfish dealers and all scup dealers, and, as of June 1, 
1997, all black sea bass dealers must have been issued under this 
section, and have in their possession, a valid permit for these species.
    (b) Dealer/processor permit applications. Same as Sec. 648.5(b).
    (c) Information requirements. Applications must contain at least the 
following information, and any other information required by the 
Regional Administrator: Company name, place(s) of business (principal 
place of business if applying for a surf clam and ocean quahog permit), 
mailing address(es) and telephone number(s), owner's name, dealer permit 
number (if a renewal), name and signature of the person responsible for 
the truth and accuracy of the application, a copy of the certificate of 
incorporation if the business is a corporation, and a copy of the 
Partnership Agreement and the names and addresses of all partners if the 
business is a partnership.
    (d) Fees. Same as Sec. 648.4(d).
    (e) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Administrator will issue a permit at any time during the 
fishing year to an applicant, unless the applicant fails to submit a 
completed application. An application is complete when all requested 
forms, information, and documentation have been received and the 
applicant has submitted all applicable reports specified in Sec. 648.7 
during the 12 months immediately preceding the application. Upon receipt 
of an incomplete or improperly executed application, the Regional 
Administrator will notify the applicant of the deficiency in the 
application. If the applicant fails to correct the deficiency within 30 
days following the date of notification, the application will be 
considered abandoned.
    (f) Expiration. Same as Sec. 648.4(g).
    (g) Duration. A permit is valid until it is revoked, suspended, or 
modified under 15 CFR part 904, or otherwise expires, or ownership 
changes, or the applicant has failed to report any change in the 
information on the permit application to the Regional Administrator as 
required by paragraph (j) of this section.
    (h) Reissuance. Reissued permits, for otherwise valid permits, may 
be issued by the Regional Administrator when requested in writing by the 
applicant, stating the need for reissuance and the Federal dealer permit 
number assigned. An application for a reissued permit will not be 
considered a new application. An appropriate fee may be charged.
    (i) Transfer. Permits issued under this part are not transferable or 
assignable. A permit is valid only for the person to whom, or other 
business entity to which, it is issued.
    (j) Change in application information. Same as Sec. 648.5(k).
    (k) Alteration. Same as Sec. 648.4(i).
    (l) Display. Same as Sec. 648.5(m).
    (m) Federal versus state requirements. If a requirement of this part 
differs from a fisheries management measure required by state law, any 
dealer issued a Federal dealer permit must comply with the more 
restrictive requirement.
    (n) Sanctions. Same as Sec. 648.4(m).

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61 
FR 58465, Nov. 15, 1996]



Sec. 648.7  Recordkeeping and reporting requirements.

    (a) Dealers--(1) Detailed weekly report. Federally permitted dealers 
must submit to the Regional Administrator or to the official designee a 
detailed

[[Page 220]]

weekly report, within the time periods specified in paragraph (f) of 
this section, on forms supplied by or approved by the Regional 
Administrator and a report of all fish purchases, except surf clam and 
ocean quahog dealers or processors who are required to report only surf 
clam and ocean quahog purchases. If authorized in writing by the 
Regional Administrator, dealers may submit reports electronically or 
through other media. The following information, and any other 
information required by the Regional Administrator, must be provided in 
the report:
    (i) Summer flounder, scup, black sea bass, Atlantic sea scallop, NE 
multispecies, Atlantic mackerel, squid and butterfish dealers must 
provide: Dealer name and mailing address; dealer permit number; name and 
permit number or name and hull number (USCG documentation number or 
state registration number, whichever is applicable) of vessels from 
which fish are landed or received; trip identifier for a trip from which 
fish are landed or received; dates of purchases; pounds by species (by 
market category, if applicable); price per pound by species (by market 
category, if applicable) or total value by species (by market category, 
if applicable); port landed; and any other information deemed necessary 
by the Regional Administrator. All report forms must be signed by the 
dealer or other authorized individual. If no fish are purchased during a 
reporting week, no written report is required to be submitted. If no 
fish are purchased during an entire reporting month, a report so stating 
on the required form must be submitted.
    (ii) Surf clam and ocean quahog processors and dealers must provide: 
Date of purchase or receipt; name, permit number and mailing address; 
number of bushels by species; cage tag numbers; allocation permit 
number; vessel name and permit number; price per bushel by species. 
Dealers must also report disposition of surf clams or ocean quahogs, 
including name and permit number of recipients. Processors must also 
report size distribution and meat yield per bushel by species.
    (2) Weekly IVR system reports. (i) Federally permitted dealers 
purchasing quota-managed species not deferred from coverage by the 
Regional Administrator pursuant to paragraph (a)(2)(ii) of this section 
must submit, within the time period specified in paragraph (f) of this 
section, the following information, and any other information required 
by the Regional Administrator, to the Regional Administrator or to an 
official designee, via the IVR system established by the Regional 
Administrator: Dealer permit number; dealer code; pounds purchased, by 
species; reporting week in which species were purchased; and state of 
landing for each species purchased. If no purchases of quota-managed 
species not deferred from coverage by the Regional Administrator 
pursuant to paragraph (a)(2)(ii) of this section were made during the 
week, a report so stating must be submitted through the IVR system in 
accordance with paragraph (f) of this section.
    (ii) The Regional Administrator may defer any quota-managed species 
from the IVR system reporting requirements if landings are not expected 
to reach levels that would cause the applicable target exploitation rate 
corresponding to a given domestic annual harvest limit, target or actual 
TAC, or annual or seasonal quota specified for that species to be 
exceeded. The Regional Administrator shall base any such determination 
on the purchases reported, by species, in the comprehensive written 
reports submitted by dealers and other available information. If the 
Regional Administrator determines that any quota-managed species should 
be deferred from the weekly IVR system reporting requirements, the 
Regional Administrator shall publish notification so stating in the 
Federal Register. If data indicate that landing levels have increased to 
an extent that this determination ceases to be valid, the Regional 
Administrator shall terminate the deferral by publishing notification in 
the Federal Register.
    (3) Annual report. All persons required to submit reports under 
paragraph (a)(1) of this section are required to submit the following 
information on an annual basis, on forms supplied by the Regional 
Administrator:
    (i) Summer flounder, scup, black sea bass, Atlantic sea scallop, NE 
multispecies, Atlantic mackerel, squid, and butterfish dealers must 
complete the

[[Page 221]]

``Employment Data'' section of the Annual Processed Products Report; 
completion of the other sections of that form is voluntary. Reports must 
be submitted to the address supplied by the Regional Administrator.
    (ii) Surf clam and ocean quahog processors and dealers must provide 
the average number of processing plant employees during each month of 
the year just ended; average number of employees engaged in production 
of processed surf clam and ocean quahog products, by species, during 
each month of the year just ended; plant capacity to process surf clam 
and ocean quahog shellstock, or to process surf clam and ocean quahog 
meats into finished products, by species; an estimate, for the next 
year, of such processing capacities; and total payroll for surf clam and 
ocean quahog processing, by month. If the plant processing capacities 
required to be reported in this paragraph (a)(3)(ii) change more than 10 
percent during any year, the processor shall notify the Regional 
Administrator in writing within 10 days after the change.
    (b) Vessel owners--(1) Fishing Vessel Trip Reports--(i) Owners of 
vessels issued a summer flounder, scup, black sea bass, Atlantic sea 
scallop, NE multispecies, or Atlantic mackerel, squid, and butterfish 
permits. The owner or operator of any vessel issued a permit for summer 
flounder, scup, black sea bass, Atlantic sea scallops, NE multispecies, 
Atlantic mackerel, squid or butterfish must maintain on board the 
vessel, and submit, an accurate daily fishing log report for all fishing 
trips, regardless of species fished for or taken, on forms supplied by 
or approved by the Regional Administrator. If authorized in writing by 
the Regional Administrator, vessel owners or operators may submit 
reports electronically, for example by using a VTS or other system. At 
least the following information, and any other information required by 
the Regional Administrator, must be provided: Vessel name; USCG 
documentation number (or state registration number, if undocumented); 
permit number; date/time sailed; date/time landed; trip type; number of 
crew; number of anglers (if a party or charter boat); gear fished; 
quantity and size of gear; mesh/ring size; chart area fished; average 
depth; latitude/longitude (or loran station and bearings); total hauls 
per area fished; average tow time duration; pounds (or count, if a party 
or charter vessel), by species, of all species landed or discarded; 
dealer permit number; dealer name; date sold, port and state landed; and 
vessel operator's name, signature, and operator permit number (if 
applicable).
    (ii) Surf clam and ocean quahog vessel owners and operators. The 
owner or operator of any vessel conducting any surf clam and ocean 
quahog fishing operations, except those conducted exclusively in waters 
of a state that requires cage tags or when he/she has surrendered the 
surf clam and ocean quahog fishing vessel permit, shall maintain, on 
board the vessel, an accurate daily fishing log for each fishing trip, 
on forms supplied by the Regional Administrator, showing at least: Name 
and permit number of the vessel, total amount in bushels of each species 
taken, date(s) caught, time at sea, duration of fishing time, locality 
fished, crew size, crew share by percentage, landing port, date sold, 
price per bushel, buyer, tag numbers from cages used, quantity of surf 
clams and ocean quahogs discarded, and allocation permit number.
    (iii) Owners of party and charter boats. The owner of any party or 
charter boat issued a summer flounder or scup permit other than a 
moratorium permit and carrying passengers for hire shall maintain on 
board the vessel, and submit, an accurate daily fishing log report for 
each charter or party fishing trip that lands summer flounder or scup, 
unless such a vessel is also issued a moratorium permit for summer 
flounder, a permit for sea scallop, or NE multispecies, or, as of 
January 1, 1997, a permit for mackerel, squid or butterfish, or a 
moratorium permit for scup, or, as of June 1, 1997, a permit for black 
sea bass, in which case a fishing log report is required for each trip 
regardless of species retained. If authorized in writing by the Regional 
Administrator, vessel owners may submit reports electronically, for 
example, by using a VTS or other media. At least the following 
information, and any

[[Page 222]]

other information required by the Regional Administrator, must be 
provided: Vessel name; USGC documentation number (or state registration 
number, if undocumented); permit number; date/time sailed; date/time 
landed; trip type; number of crew; number of anglers; gear fished; 
quantity and size of gear; chart area fished; average depth; latitude/
longitude (or loran station and bearings); average tow time duration; 
count, by species, of all species landed or discarded; port and state 
landed; and vessel operator's name, signature, and operator permit 
number (if applicable).
    (c) When to fill out a log report. Log reports required by paragraph 
(b)(1)(i) of this section must be filled out, except for information 
required but not yet ascertainable, before offloading or landing has 
begun. All information must be filled out before starting the next 
fishing trip. Log reports required by paragraph (b)(1)(ii) of this 
section must be filled out before landing any surf clams or ocean 
quahogs. Log reports required by paragraph (b)(1)(iii) of this section 
must be filled out, except for information required but not yet 
ascertainable, before offloading or landing has begun. All information 
required in paragraph (b)(1)(iii) of this section must be filled out for 
each fishing trip by the end of each fishing trip.
    (d) Inspection. All persons required to submit reports under this 
section, upon the request of an authorized officer, or by an employee of 
NMFS designated by the Regional Administrator to make such inspections, 
must make immediately available for inspection copies of the required 
reports that have been submitted, or should have been submitted, and the 
records upon which the reports were based. At any time during or after a 
trip, owners and operators must make immediately available for 
inspection the fishing log reports currently in use, or to be submitted.
    (e) Record retention. Copies of reports, and records upon which the 
reports were based, must be retained and be available for review for 1 
year after the date of the last entry on the report. Copies of fishing 
log reports must be retained and available for review for 1 year after 
the date of the last entry on the log. Dealers must retain required 
reports and records at their principal place of business.
    (f) Submitting reports--(1) Dealer or processor reports. (i) 
Detailed weekly trip reports, required by paragraph (a)(1) of this 
section, must be postmarked or received within 16 days after the end of 
each reporting week. If no fish are purchased during a reporting month, 
the report so stating required under paragraph (a)(1)(i) of this section 
must be postmarked or received within 16 days after the end of the 
reporting month.
    (ii) Weekly IVR system reports required in paragraph (a)(2) of this 
section must be submitted via the IVR system by midnight, Eastern time, 
each Tuesday for the previous reporting week.
    (iii) Annual reports for a calendar year must be postmarked or 
received by February 10 of the following year. Contact the Regional 
Administrator (see Table 1 to Sec. 600.502) for the address of NMFS 
Statistics.
    (2) Fishing vessel log reports. Fishing log reports must be received 
or postmarked, if mailed, within 15 days after the end of the reporting 
month. Each owner will be sent forms and instructions, including the 
address to which reports are to be submitted, shortly after receipt of a 
Federal fisheries permit. If no fishing trip is made during a month, a 
report stating so must be submitted.
    (3) At-sea purchasers, receivers, or processors. All persons 
purchasing, receiving, or processing any summer flounder, or, as of 
January 1, 1997, mackerel, squid, or butterfish, or scup, or, as of June 
1, 1997, black sea bass at sea for landing at any port of the United 
States must submit information identical to that required by paragraph 
(a)(1) or (a)(2) of this section, as applicable, and provide those 
reports to the Regional Administrator or designee on the same frequency 
basis.
    (g) Additional data and sampling. Federally permitted dealers must 
allow access to their premises and make available to an official 
designee of the Regional Administrator any fish purchased from vessels 
for the collection of biological data. Such data include,

[[Page 223]]

but are not limited to, length measurements of fish and the collection 
of age structures such as otoliths or scales.

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61 
FR 58465, Nov. 15, 1996; 62 FR 14646, Mar. 27, 1997; 63 FR 52640, Oct. 
1, 1998]

    Effective Date Note: At 63 FR 52640, Oct. 1, 1998, Sec. 648.7 was 
amended by redesignating paragraph (a)(2) as paragraph (a)(3); by adding 
new paragraphs (a)(2) and (g); by removing paragraph (b)(1)(iii); and by 
revising the heading and the first sentence of paragraph (a)(1) 
introductory text, and paragraphs (a)(1)(i), (a)(3)(i), (a)(3)(ii), 
(b)(1)(i) and (f)(1), effective Nov. 1, 1998. For the convenience of the 
user, the superseded text is set forth as follows:

Sec. 648.7  Recordkeeping and reporting requirements.

    (a) Dealers--(1) Weekly report. Federally-permitted dealers must 
send by mail to the Regional Administrator, or official designee, on a 
weekly basis on forms supplied by or approved by the Regional 
Administrator, a report of fish purchases, except that surf clam and 
ocean quahog dealers or processors are required only to report surf clam 
and ocean quahog purchases. * * *
    (i) Summer flounder, scallop, NE multispecies, and, as of January 1, 
1997, mackerel, squid or butterfish, and scup dealers, and, as of June 
1, 1997, black sea bass dealers, must provide: Name and mailing address 
of dealer, dealer number, name and permit number of the vessels from 
which fish are landed or received, dates of purchases, pounds by 
species, price by species, and port landed. If no fish are purchased 
during the week, a report so stating must be submitted. All report forms 
must be signed by the dealer or other authorized individual.

                                * * * * *

    (3) * * *
    (i) Summer flounder, scallop, NE multispecies, and, as of January 1, 
1997, mackerel, squid, or butterfish and scup, and, as of June 1, 1997, 
black sea bass dealers must complete the ``Employment Data'' section of 
the Annual Processed Products Reports; completion of the other sections 
of that form is voluntary. Reports must be submitted to the address 
supplied by the Regional Administrator.
    (ii) Surf clam and ocean quahog processors and dealers must provide 
the average number of processing plant employees during each month of 
the year just ended; average number of employees engaged in production 
of processed surf clam and ocean quahog products, by species, during 
each month of the year just ended; plant capacity to process surf clam 
and ocean quahog shellstock, or to process surf clam and ocean quahog 
meats into finished products, by species; an estimate, for the next 
year, of such processing capacities; and total payroll for surf clam and 
ocean quahog processing, by month. If the plant processing capacities 
described in this paragraph (a)(2)(ii) change more than 10 percent 
during any year, the processor shall promptly notify the Regional 
Administrator.
    (b) * * *
    (1) * * *
    (i) Owners of vessels issued a moratorium permit for summer 
flounder, mackerel, squid, or butterfish, scup or black sea bass, or a 
permit for sea scallop or multispecies. The owner or operator of any 
vessel issued a moratorium permit for summer flounder, or, as of January 
1, 1997, mackerel, squid, or butterfish, or scup, or as of June 1, 1997, 
black sea bass, or a permit for sea scallops, or NE multispecies, must 
maintain on board the vessel, and submit, an accurate daily fishing log 
report for all fishing trips, regardless of species fished for or taken, 
on forms supplied by or approved by the Regional Administrator. If 
authorized in writing by the Regional Administrator, vessel owners or 
operators may submit reports electronically, for example by using a VTS 
or other media. At least the following information, and any other 
information required by the Regional Administrator, must be provided: 
Vessel name; USCG documentation number (or state registration number, if 
undocumented); permit number; date/time sailed; date/time landed; trip 
type; number of crew; number of anglers (if a charter or party boat); 
gear fished; quantity and size of gear; mesh/ring size; chart area 
fished; average depth; latitude/longitude (or loran station and 
bearings); total hauls per area fished; average tow time duration; 
pounds, by species, of all species landed or discarded; dealer permit 
number; dealer name; date sold; port and state landed; and vessel 
operator's name, signature, and operator permit number (if applicable).

                                * * * * *

    (f) * * *
    (1) Dealer or processor reports. Weekly dealer or processor reports 
must be received or postmarked, if mailed, within 3 days after the end 
of each reporting week. Each dealer will be sent forms and instructions, 
including the address to which to submit reports, shortly after receipt 
of a dealer permit. If no fish or fish product was purchased during a 
week, a report so stating must be submitted. Annual reports for a 
calendar year must be submitted to NMFS Statistics, and must be 
postmarked by February 10 of the following

[[Page 224]]

year. Contact the Regional Administrator for the address of NMFS 
Statistics.

                                * * * * *



Sec. 648.8  Vessel identification.

    (a) Vessel name and official number. Each fishing vessel subject to 
this part and over 25 ft (7.6 m) in registered length must:
    (1) Affix permanently its name on the port and starboard sides of 
the bow and, if possible, on its stern.
    (2) Display its official number on the port and starboard sides of 
the deckhouse or hull, and on an appropriate weather deck so as to be 
clearly visible from enforcement vessels and aircraft. The official 
number is the USCG documentation number or the vessel's state 
registration number for vessels not required to be documented under 
title 46 U.S.C.
    (b) Numerals. Except as provided in paragraph (d) of this section, 
the official number must be displayed in block arabic numerals in 
contrasting color at least 18 inches (45.7 cm) in height for fishing 
vessels over 65 ft (19.8 m) in registered length, and at least 10 inches 
(25.4 cm) in height for all other vessels over 25 ft (7.6 m) in 
registered length. The registered length of a vessel, for purposes of 
this section, is that registered length set forth in USCG or state 
records.
    (c) Duties of owner. The owner of each vessel subject to this part 
shall ensure that--
    (1) The vessel's name and official number are kept clearly legible 
and in good repair.
    (2) No part of the vessel, its rigging, its fishing gear, or any 
other object obstructs the view of the official number from any 
enforcement vessel or aircraft.
    (d) Non-permanent marking. Vessels carrying recreational fishing 
parties on a per capita basis or by charter must use markings that meet 
the above requirements, except for the requirement that they be affixed 
permanently to the vessel. The non-permanent markings must be displayed 
in conformity with the above requirements.
    (e) New Jersey surf clam or ocean quahog vessels. Instead of 
complying with paragraph (a) of this section, surf clam or ocean quahog 
vessels licensed under New Jersey law may use the appropriate vessel 
identification markings established by that state.



Sec. 648.9  VTS requirements.

    (a) Approval. The Regional Administrator will annually approve VTSs 
that meet the minimum performance criteria specified in paragraph (b) of 
this section. Any changes to the performance criteria will be published 
annually in the Federal Register and a list of approved VTSs will be 
published in the Federal Register upon addition or deletion of a VTS 
from the list. In the event that a VTS is deleted from the list, vessel 
owners that purchased a VTS unit that is part of that VTS prior to 
publication of the revised list will be considered to be in compliance 
with the requirement to have an approved unit, unless otherwise notified 
by the Regional Administrator.
    (b) Minimum VTS performance criteria. The basic required features of 
the VTS are as follows:
    (1) The VTS shall be tamper proof, i.e., shall not permit the input 
of false positions; furthermore, if a system uses satellites to 
determine position, satellite selection should be automatic to provide 
an optimal fix and should not be capable of being manually overridden by 
any person aboard a fishing vessel or by the vessel owner.
    (2) The VTS shall be fully automatic and operational at all times, 
regardless of weather and environmental conditions.
    (3) The VTS shall be capable of tracking vessels in all U.S. waters 
in the Atlantic Ocean from the shoreline of each coastal state to a line 
215 nm offshore and shall provide position accuracy to within 400 m 
(1,300 ft).
    (4) The VTS shall be capable of transmitting and storing information 
including vessel identification, date, time, and latitude/longitude.
    (5) The VTS shall provide accurate hourly position transmissions 
every day of the year. In addition, the VTS shall allow polling of 
individual vessels or any set of vessels at any time and receive 
position reports in real time. For the purposes of this specification, 
``real time'' shall constitute data that

[[Page 225]]

reflect a delay of 15 minutes or less between the displayed information 
and the vessel's actual position.
    (6) The VTS shall be capable of providing network message 
communications between the vessel and shore. The VTS shall allow NMFS to 
initiate communications or data transfer at any time.
    (7) The VTS vendor shall be capable of transmitting position data to 
a NMFS-designated computer system via a modem at a minimum speed of 9600 
baud. Transmission shall be in ASCII text in a file format acceptable to 
NMFS.
    (8) The VTS shall be capable of providing vessel locations relative 
to international boundaries and fishery management areas.
    (9) The VTS vendor shall be capable of archiving vessel position 
histories for a minimum of 1 year and providing transmission to NMFS of 
specified portions of archived data in response to NMFS requests and in 
a variety of media (tape, floppy, etc.).
    (c) Operating requirements. All required VTS units must transmit a 
signal indicating the vessel's accurate position at least every hour, 24 
hours a day, throughout the year.
    (d) Presumption. If a VTS unit fails to transmit an hourly signal of 
a vessel's position, the vessel shall be deemed to have incurred a DAS, 
or fraction thereof, for as long as the unit fails to transmit a signal, 
unless a preponderance of evidence shows that the failure to transmit 
was due to an unavoidable malfunction or disruption of the transmission 
that occurred while the vessel was declared out of the scallop fishery 
or NE multispecies fishery, as applicable, or was not at sea.
    (e) Replacement. Should a VTS unit require replacement, a vessel 
owner must submit documentation to the Regional Administrator, within 3 
days of installation and prior to the vessel's next trip, verifying that 
the new VTS unit is an operational, approved system as described under 
paragraph (a) of this section.
    (f) Access. As a condition to obtaining a limited access scallop or 
multispecies permit, all vessel owners must allow NMFS, the USCG, and 
their authorized officers or designees access to the vessel's DAS and 
location data obtained from its VTS at the time of or after its 
transmission to the vendor or receiver, as the case may be.
    (g) Tampering. Tampering with a VTS, a VTS unit, or a VTS signal, is 
prohibited. Tampering includes any activity that is likely to affect the 
unit's ability to operate properly, signal, or accuracy of computing the 
vessel's position fix.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14646, Mar. 27, 1997]



Sec. 648.10  DAS notification requirements.

    (a) VTS Demarcation Line. The VTS Demarcation Line is defined by 
straight lines connecting the following coordinates in the order stated 
(a copy of a map showing the line is available from the Regional 
Administrator upon request):

                          VTS Demarcation Line
------------------------------------------------------------------------
           Description                  N. Lat.            W. Long.
------------------------------------------------------------------------
1. Northern terminus point        45 deg.03'          66 deg.47'
 (Canada landmass).
2. A point east of West Quoddy    44 deg.48.9'        66 deg.56.1'
 Head Light.
3. A point east of Little River   44 deg.39.0'        67 deg.10.5'
 Light.
4. Whistle Buoy ``8BI'' (SSE of   44 deg.13.6'        68 deg.10.8'
 Baker Island).
5. Isle au Haut Light...........  44 deg.03.9'        68 deg.39.1'
6. Pemaquid Point Light.........  43 deg.50.2'        69 deg.30.4'
7. A point west of Halfway Rock.  43 deg.38.0'        70 deg.05.0'
8. A point east of Cape Neddick   43 deg.09.9'        70 deg.34.5'
 Light.
9. Merrimack River Entrance       42 deg.48.6'        70 deg.47.1'
 ``MR'' Whistle Buoy.
10. Halibut Point Gong Buoy       42 deg.42.0'        70 deg.37.5'
 ``1AHP''.
11. Connecting reference point..  42 deg.40'          70 deg.30'
12. Whistle Buoy ``2'' off        42 deg.34.3'        70 deg.39.8'
 Eastern Point.
13. The Graves Light (Boston)...  42 deg.21.9'        70 deg.52.2'
14. Minots Ledge Light..........  42 deg.16.2'        70 deg.45.6'
15. Farnham Rock Lighted Bell     42 deg.05.6'        70 deg.36.5'
 Buoy.
16. Cape Cod Canal Bell Buoy      41 deg.48.9'        70 deg.27.7'
 ``CC''.
17. A point inside Cape Cod Bay.  41 deg.48.9'        70 deg.05'
18. Race Point Lighted Bell Buoy  42 deg.04.9'        70 deg.16.8'
 ``RP''.

[[Page 226]]

 
19. Peaked Hill Bar Whistle Buoy  42 deg.07.0'        70 deg.06.2'
 ``2PH''.
20. Connecting point, off Nauset  41 deg.50'          69 deg.53'
 Light.
21. A point south of Chatham      41 deg.38'          69 deg.55.2'
 ``C'' Whistle Buoy.
22. A point in eastern Vineyard   41 deg.30'          70 deg.33'
 Sound.
23. A point east of Martha's      41 deg.22.2'        70 deg.24.6'
 Vineyard.
24. A point east of Great Pt.     41 deg.23.4'        69 deg.57'
 Light, Nantucket.
25. A point SE of Sankaty Head,   41 deg.13'          69 deg.57'
 Nantucket.
26. A point west of Nantucket...  41 deg.15.6'        70 deg.25.2'
27. Squibnocket Lighted Bell      41 deg.15.7'        70 deg.46.3'
 Buoy ``1''.
28. Wilbur Point (on Sconticut    41 deg.35.2'        70 deg.51.2'
 Neck).
29. Mishaum Point (on Smith       41 deg.31.0'        70 deg.57.2'
 Neck).
30. Sakonnet Entrance Lighted     41 deg.25.7'        71 deg.13.4'
 Whistle Buoy ``SR''.
31. Point Judith Lighted Whistle  41 deg.19.3'        71 deg.28.6'
 Buoy ``2''.
32. A point off Block Island      41 deg.08.2'        71 deg.32.1'
 Southeast Light.
33. Shinnecock Inlet Lighted      40 deg.49.0'        72 deg.28.6'
 Whistle Buoy ``SH''.
34. Scotland Horn Buoy ``S'',     40 deg.26.5'        73 deg.55.0'
 off Sandy Hook (NJ).
35. Barnegat Lighted Gong Buoy    39 deg.45.5'        73 deg.59.5'
 ``2''.
36. A point east of Atlantic      39 deg.21.9'        74 deg.22.7'
 City Light.
37. A point east of Hereford      39 deg.00.4'        74 deg.46'
 Inlet Light.
38. A point east of Cape          38 deg.47'          75 deg.04'
 Henlopen Light.
39. A point east of Fenwick       38 deg.27.1'        75 deg.02'
 Island Light.
40. A point NE of Assateague      38 deg.00'          75 deg.13'
 Island (VA).
41. Wachapreague Inlet Lighted    37 deg.35.0'        75 deg.33.7'
 Whistle Buoy ``A''.
42. A point NE of Cape Henry....  36 deg.55.6'        75 deg.58.5'
43. A point east of Currituck     36 deg.22.6'        75 deg.48'
 Beach Light.
44. Oregon Inlet (NC) Whistle     35 deg.48.5'        75 deg.30'
 Buoy.
45. Wimble Shoals, east of        35 deg.36'          75 deg.26'
 Chicamacomico.
46. A point SE of Cape Hatteras   35 deg.12.5'        75 deg.30'
 Light.
47. Hatteras Inlet Entrance Buoy  35 deg.10'          75 deg.46'
 ``HI''.
48. Ocracoke Inlet Whistle Buoy   35 deg.01.5'        76 deg.00.5'
 ``OC''.
49. A point east of Cape Lookout  34 deg.36.5'        76 deg.30'
 Light.
50. Southern terminus point.....  34 deg.35'          76 deg.41'
------------------------------------------------------------------------

    (b) VTS Notification. Multispecies vessels issued an Individual DAS 
or Combination Vessel permit, scallop vessels issued a full-time or 
part-time limited access scallop permit, or scallop vessels fishing 
under the small dredge program specified in Sec. 648.51(e), or vessels 
issued a limited access multispecies or scallop permit and whose owners 
elect to fish under the VTS notification of this paragraph (b), unless 
otherwise authorized or required by the Regional Administrator under 
Sec. 648.10(d), must have installed on board an operational VTS unit 
that meets the minimum performance criteria specified in Sec. 648.9(b) 
or as modified in Sec. 648.9(a). Owners of such vessels must provide 
documentation to the Regional Administrator at the time of application 
for a limited access permit that the vessel has an operational VTS unit 
that meets those criteria. If a vessel has already been issued a limited 
access permit without providing such documentation, the Regional 
Administrator shall allow at least 30 days for the vessel to install an 
operational VTS unit that meets the criteria and to provide 
documentation of such installation to the Regional Administrator. 
Vessels that are required to or have elected to use a VTS unit shall be 
subject to the following requirements and presumptions:
    (1) Vessels that have crossed the VTS Demarcation Line specified 
under paragraph (a) of this section are deemed to be fishing under the 
DAS program, unless the vessel's owner, or authorized representative 
declares the vessel out of the scallop or NE multispecies fishery, as 
applicable, for a specific time period by notifying the Regional 
Administrator through the VTS prior to the vessel leaving port.
    (2) Part-time scallop vessels may not fish in the DAS allocation 
program unless they declare into the scallop fishery for a specific time 
period by notifying the Regional Administrator through the VTS.
    (3) Notification that the vessel is not under the DAS program must 
be received prior to the vessel leaving port. A change in status of a 
vessel cannot be made after the vessel leaves port or

[[Page 227]]

before it returns to port on any fishing trip.
    (4) DAS for vessels that are under the VTS notification requirements 
of this paragraph (b) are counted beginning with the first hourly 
location signal received showing that the vessel crossed the VTS 
Demarcation Line leaving port. A trip concludes and accrual of DAS ends 
with the first hourly location signal received showing that the vessel 
crossed the VTS Demarcation Line upon its return to port.
    (5) If the VTS is not available or not functional, and if authorized 
by the Regional Administrator, a vessel owner must provide the 
notifications required by paragraphs (b)(1), (2), and (3) of this 
section by using the call-in notification system described under 
paragraph (c) of this section, instead of using the VTS system.
    (c) Call-in notification. Owners of vessels issued limited access 
multispecies permits who are participating in a DAS program and who are 
not required to provide notification using a VTS, owners of scallop 
vessels qualifying for a DAS allocation under the occasional category 
and who have not elected to fish under the VTS notification requirements 
of paragraph (b) of this section, and vessels fishing pending an appeal 
as specified in Sec. 648.4(a)(1)(i)(H)(3) are subject to the following 
requirements:
    (1) Prior to the vessel leaving port, the vessel owner or authorized 
representative must notify the Regional Administrator that the vessel 
will be participating in the DAS program by calling the Regional 
Administrator and providing the following information: Owner and caller 
name and phone number, vessel's name and permit number, type of trip to 
be taken, port of departure, and that the vessel is beginning a trip. A 
DAS begins once the call has been received and a confirmation number is 
given by the Regional Administrator.
    (2) The vessel's confirmation numbers for the current and 
immediately prior multispecies fishing trip must be maintained on board 
the vessel and provided to an authorized officer upon request.
    (3) At the end of a vessel's trip, upon its return to port, the 
vessel owner or owner's representative must call the Regional 
Administrator and notify him/her that the trip has ended by providing 
the following information: Owner and caller name and phone number, 
vessel name, port of landing and permit number, and that the vessel has 
ended a trip. A DAS ends when the call has been received and 
confirmation has been given by the Regional Administrator.
    (4) The Regional Administrator will furnish a phone number for DAS 
notification call-ins upon request.
    (5) Any vessel that possesses or lands per trip more than 400 lb 
(181.44 kg) of scallops, and any vessel issued a limited access 
multispecies permit subject to the DAS program and call-in requirement 
that possesses or lands regulated species, except as provided in 
Secs. 648.17 and 648.89, shall be deemed in the DAS program for purposes 
of counting DAS, regardless of whether the vessel's owner or authorized 
representative provided adequate notification as required by this 
paragraph (c).
    (d) Temporary authorization for use of the call-in system. The 
Regional Administrator may authorize or require, on a temporary basis, 
the use of the call-in system of notification specified in paragraph (c) 
of this section. If use of the call-in system is authorized or required, 
the Regional Administrator shall notify affected permit holders through 
a letter, notification in the Federal Register, or other appropriate 
means. From May 1, 1998, through April 30, 1999, multispecies vessels 
issued an Individual DAS or Combination Vessel (regarding the 
multispecies fishery) permit are temporarily authorized to use the call-
in system of notification specified in paragraph (c) of this section.
    (e) Scallop vessels fishing under exemptions. Vessels fishing under 
the exemptions provided by Sec. 648.54 (a) and/or (b)(1) must notify the 
Regional Administrator by VTS notification or by call-in notification as 
follows:
    (1) VTS notification. (i) Notify the Regional Administrator, via 
their VTS, prior to the vessel's first trip under the state waters 
exemption program, that the vessel will be fishing exclusively in state 
waters; and

[[Page 228]]

    (ii) Notify the Regional Administrator, via their VTS, prior to the 
vessel's first planned trip in the EEZ, that the vessel is to resume 
fishing under the vessel's DAS allocation.
    (2) Call-in notification. (i) Notify the Regional Administrator by 
calling the Regional Administrator and providing the following 
information at least 7 days prior to fishing under the exemption: Owner 
and caller name and address, vessel name and permit number, and 
beginning and ending dates of the exemption period.
    (ii) Remain under the exemption for a minimum of 7 days.
    (iii) If, under the exemption for a minimum of 7 days and wishing to 
withdraw earlier than the designated end of the exemption period, notify 
the Regional Administrator of early withdrawal from the program by 
calling the Regional Administrator, providing the vessel's name and 
permit number and the name and phone number of the caller, and stating 
that the vessel is withdrawing from the exemption. The vessel may not 
leave port to fish in the EEZ until 48 hours after notification of early 
withdrawal is received by the Regional Administrator.
    (iv) The Regional Administrator will furnish a phone number for 
call-ins upon request.
    (f) Additional NE multispecies call-in requirements.--(1) Spawning 
season call-in. With the exception of vessels issued a valid Small 
Vessel category permit, vessels subject to the spawning season 
restriction described in Sec. 648.82 must notify the Regional 
Administrator of the commencement date of their 20-day period out of the 
NE multispecies fishery through either the VTS system or by calling and 
providing the following information: Vessel name and permit number, 
owner and caller name and phone number and the commencement date of the 
20-day period.
    (2) Gillnet call-in. Vessels subject to the gillnet restriction 
described in Sec. 648.82(k)(1)(iv) must notify the Regional 
Administrator of the commencement date of their time out of the NE 
multispecies gillnet fishery using the procedure described in paragraph 
(f)(1) of this section.
    (3) Cod landing limit call-in. (i) A vessel subject to the cod 
landing limit restriction specified in Sec. 648.86(b)(1)(i), that has 
not exceeded the allowable limit of cod based on the duration of the 
trip, must enter port and call-out of the DAS program no later than 14 
DAS after starting a multispecies DAS trip.
    (ii) A vessel subject to the cod landing limit restriction specified 
in Sec. 648.86(b)(1)(i) that exceeds or is expected to exceed the 
allowable limit of cod based on the duration of the trip must enter port 
no later than 14 DAS after starting a multispecies DAS trip and must 
report, upon entering port and before offloading, its hailed weight of 
cod under the separate call-in system as specified in 
Sec. 648.86(b)(1)(ii)(B). Such vessel must remain in port, unless for 
transiting purposes as allowed in Sec. 648.86(b)(4), until sufficient 
time has elapsed to account for and justify the amount of cod on board 
in accordance with Sec. 648.86(b)(1)(ii), and may not begin its next 
fishing trip until such time that the vessel has called-out of the 
multispecies DAS program to end its trip.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14647, Mar. 27, 1997; 62 
FR 15386, Apr. 1, 1997; 62 FR 51381, Oct. 1, 1997; 63 FR 11593, Mar. 10, 
1998; 63 FR 15329, Mar. 31, 1998; 63 FR 42592, Aug. 10, 1998]



Sec. 648.11  At-sea sea sampler/observer coverage.

    (a) The Regional Administrator may request any vessel holding a 
permit sea scallop; or NE multispecies; or a moratorium permit for 
summer flounder, or, as of January 1, 1997, mackerel, squid, or 
butterfish, or scup, or as of June 1, 1997, black sea bass fisheries to 
carry a NMFS-approved sea sampler/observer. If requested by the Regional 
Administrator to carry an observer or sea sampler, a vessel may not 
engage in any fishing operations in the respective fishery unless an 
observer or sea sampler is on board, or unless the requirement is 
waived.
    (b) If requested by the Regional Administrator to carry an observer 
or sea sampler, it is the responsibility of the vessel owner to arrange 
for and facilitate observer or sea sampler placement. Owners of vessels 
selected for sea sampler/observer coverage must notify the appropriate 
Regional or Science

[[Page 229]]

and Research Director, as specified by the Regional Administrator, 
before commencing any fishing trip that may result in the harvest of 
resources of the respective fishery. Notification procedures will be 
specified in selection letters to vessel owners.
    (c) The Regional Administrator may waive the requirement to carry a 
sea sampler or observer if the facilities on a vessel for housing the 
observer or sea sampler, or for carrying out observer or sea sampler 
functions, are so inadequate or unsafe that the health or safety of the 
observer or sea sampler, or the safe operation of the vessel, would be 
jeopardized.
    (d) An owner or operator of a vessel on which a NMFS-approved sea 
sampler/observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the sea sampler/observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the sea sampler's/observer's duties.
    (3) Provide true vessel locations, by latitude and longitude or 
loran coordinates, as requested by the observer/sea sampler, and allow 
the sea sampler/observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.
    (4) Notify the sea sampler/observer in a timely fashion of when 
fishing operations are to begin and end.
    (5) Allow for the embarking and debarking of the sea sampler/
observer, as specified by the Regional Administrator, ensuring that 
transfers of observers/sea samplers at sea are accomplished in a safe 
manner, via small boat or raft, during daylight hours as weather and sea 
conditions allow, and with the agreement of the sea samplers/ observers 
involved.
    (6) Allow the sea sampler/observer free and unobstructed access to 
the vessel's bridge, working decks, holding bins, weight scales, holds, 
and any other space used to hold, process, weigh, or store fish.
    (7) Allow the sea sampler/observer to inspect and copy any the 
vessel's log, communications log, and records associated with the catch 
and distribution of fish for that trip.
    (e) The owner or operator of a vessel issued a summer flounder 
moratorium permit, or as of January 1, 1997, a scup moratorium permit 
or, as of June 1, 1997, a black sea bass moratorium permit, if requested 
by the sea sampler/observer also must:
    (1) Notify the sea sampler/observer of any sea turtles, marine 
mammals, summer flounder, scup, or black sea bass, or other specimens 
taken by the vessel.
    (2) Provide the sea sampler/observer with sea turtles, marine 
mammals, summer flounder, scup, or black sea bass, or other specimens 
taken by the vessel.
    (f) NMFS may accept observer coverage funded by outside sources if:
    (1) All coverage conducted by such observers is determined by NMFS 
to be in compliance with NMFS' observer guidelines and procedures.
    (2) The owner or operator of the vessel complies with all other 
provisions of this part.
    (3) The observer is approved by the Regional Administrator.

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61 
FR 58465, Nov. 15, 1996]



Sec. 648.12  Experimental fishing.

    The Regional Administrator may exempt any person or vessel from the 
requirements of subparts B (Atlantic mackerel, squid, and butterfish), D 
(sea scallop), E (surf clam and ocean quahog), F (NE multispecies), G 
(summer flounder), H (scup), or I (black sea bass), of this part for the 
conduct of experimental fishing beneficial to the management of the 
resources or fishery managed under that subpart. The Regional 
Administrator shall consult with the Executive Director of the Council 
regarding such exemptions for the Atlantic mackerel, squid, and 
butterfish, the summer flounder, the scup, and the black sea bass 
fisheries.
    (a) The Regional Administrator may not grant such an exemption 
unless he/she determines that the purpose, design, and administration of 
the exemption is consistent with the management objectives of the 
respective FMP,

[[Page 230]]

the provisions of the Magnuson-Stevens Act, and other applicable law, 
and that granting the exemption will not:
    (1) Have a detrimental effect on the respective resources and 
fishery;
    (2) Cause any quota to be exceeded; or
    (3) Create significant enforcement problems.
    (b) Each vessel participating in any exempted experimental fishing 
activity is subject to all provisions of the respective FMP, except 
those necessarily relating to the purpose and nature of the exemption. 
The exemption will be specified in a letter issued by the Regional 
Administrator to each vessel participating in the exempted activity. 
This letter must be carried on board the vessel seeking the benefit of 
such exemption.
    (c) Experimental fishing for surf clams or ocean quahogs will not 
require an allocation permit.

[61 FR 58466, Nov. 15, 1996, as amended at 62 FR 37156, July 11, 1997]



Sec. 648.13  Transfers at sea.

    (a) Only vessels issued a Loligo and butterfish moratorium or Illex 
moratorium permit under Sec. 648.4(a)(5) and vessels issued a mackerel 
or squid/butterfish incidental catch permit and authorized in writing by 
the Regional Administrator to do so, may transfer or attempt to transfer 
Loligo, Illex, or butterfish from one vessel to another vessel.
    (b) Vessels issued a multispecies permit under Sec. 648.4(a)(1) or a 
scallop permit under Sec. 648.4(a)(2) are prohibited from transferring 
or attempting to transfer any fish from one vessel to another vessel, 
except that vessels issued a multispecies permit under Sec. 648.4(a)(1) 
and specifically authorized in writing by the Regional Administrator to 
do so, may transfer species other than regulated species from one vessel 
to another vessel.
    (c) All persons are prohibited from transferring or attempting to 
transfer NE multispecies or scallops from one vessel to another vessel, 
except in accordance with paragraph (b) of this section.
    (d) All persons are prohibited from transferring or attempting to 
transfer at sea summer flounder from one vessel to another vessel.

61 FR 34968, July 3, 1996, as amended at 62 FR 28642, May 27, 1997; 62 
FR 63875, Dec. 3, 1997]



Sec. 648.14  Prohibitions.

    (a) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter, it is unlawful for any person to do any of 
the following:
    (1) Fail to report to the Regional Administrator within 15 days any 
change in the information contained in an applicable vessel, operator, 
or dealer/processor permit application.
    (2) Falsify or fail to affix and maintain vessel markings as 
required by Sec. 648.8.
    (3) Make any false statement in connection with an application, 
declaration, or report under this part.
    (4) Fail to comply in an accurate and timely fashion with the log 
report, reporting, record retention, inspection, and other requirements 
of Sec. 648.7, or submit or maintain false information in records and 
reports required to be kept or filed under Sec. 648.7.
    (5) Alter, erase, or mutilate any permit issued under this part.
    (6) Alter, erase, mutilate, duplicate or cause to be duplicated, or 
steal any cage tag issued under this part.
    (7) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VTS, VTS 
unit, or VTS signal required to be installed on or transmitted by vessel 
owners or operators required to use a VTS by this part.
    (8) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with or bar by command, impediment, threat, or coercion any 
NMFS-approved observer or sea sampler aboard a vessel conducting his or 
her duties aboard a vessel, or any authorized officer conducting any 
search, inspection, investigation, or seizure in connection with 
enforcement of this part, or any official designee of the Regional 
Administrator conducting his or her duties, including those duties 
authorized in Sec. 648.7(g).
    (9) Refuse to carry an observer or sea sampler if requested to do so 
by the Regional Administrator.
    (10) To refuse reasonable assistance to either a NMFS-approved 
observer or

[[Page 231]]

sea sampler conducting his or her duties aboard a vessel.
    (11) Fish for surf clams or ocean quahogs in any area closed to surf 
clam or ocean quahog fishing.
    (12) Fish for, take, catch, harvest or land any species of fish 
regulated by this part in or from the EEZ, unless the vessel has a valid 
and appropriate permit issued under this part and the permit is on board 
the vessel and has not been surrendered, revoked, or suspended.
    (13) Purchase, possess or receive for a commercial purpose, or 
attempt to purchase possess or receive for a commercial purpose, any 
species regulated under this part unless in possession of a valid dealer 
permit issued under this part, except that this prohibition does not 
apply to species that are purchased or received from a vessel not issued 
a permit under this part that fished exclusively in state waters, or 
unless otherwise specified in Sec. 648.17.
    (14) Produce, or cause to be produced, cage tags required under this 
part without written authorization from the Regional Administrator.
    (15) Tag a cage with a tag that has been rendered null and void or 
with a tag that has been previously used.
    (16) Tag a cage of surf clams with an ocean quahog cage tag or tag a 
cage of ocean quahogs with a surf clam cage tag.
    (17) Possess, import, export, transfer, land, have custody or 
control of any species of fish regulated pursuant to this part that do 
not meet the minimum size provisions in this part, unless such species 
were harvested exclusively within state waters by a vessel not issued a 
permit under this part or whose permit has been surrendered in 
accordance with applicable regulations.
    (18) Possess an empty cage to which a cage tag required by 
Sec. 648.75 is affixed or possess any cage that does not contain surf 
clams or ocean quahogs and to which a cage tag required by Sec. 648.75 
is affixed.
    (19) Land or possess, after offloading, any cage holding surf clams 
or ocean quahogs without a cage tag or tags required by Sec. 648.75, 
unless the person can demonstrate the inapplicability of the 
presumptions set forth in Sec. 648.75(h).
    (20) Sell null and void tags.
    (21) Shuck surf clams or ocean quahogs harvested in or from the EEZ 
at sea, unless permitted by the Regional Administrator under the terms 
of Sec. 648.74.
    (22) Receive for a commercial purpose other than transport, surf 
clams or ocean quahogs harvested in or from the EEZ, whether or not they 
are landed under an allocation under Sec. 648.70, unless issued a 
dealer/processor permit under this part.
    (23) Land unshucked surf clams or ocean quahogs harvested in or from 
the EEZ outside the Maine mahogany quahog zone in containers other than 
cages from vessels capable of carrying cages.
    (24) Land unshucked surf clams and ocean quahogs harvested in or 
from the EEZ within the Maine mahogany quahog zone in containers other 
than cages from vessels capable of carrying cages unless, with respect 
to ocean quahogs, the vessel has been issued a Maine mahogany quahog 
permit under this part and is not fishing for an individual allocation 
of quahogs under Sec. 648.70.
    (25) Fail to comply with any of the notification requirements 
specified in Sec. 648.15(b).
    (26) Fish for, retain, or land both surf clams and ocean quahogs in 
or from the EEZ on the same trip.
    (27) Fish for, retain, or land ocean quahogs in or from the EEZ on a 
trip designated as a surf clam fishing trip under Sec. 648.15(b), or 
fish for, retain, or land surf clams in or from the EEZ on a trip 
designated as an ocean quahog fishing trip under Sec. 648.15(b).
    (28) Fail to offload any surf clams or ocean quahogs harvested in 
the EEZ from a trip discontinued pursuant to Sec. 648.15(b) prior to 
commencing fishing operations in waters under the jurisdiction of any 
state.
    (29) Land or possess any surf clams or ocean quahogs harvested in or 
from the EEZ in excess of, or without, an individual allocation.
    (30) Transfer any surf clams or ocean quahogs harvested in or from 
the EEZ to any person for a commercial purpose, other than transport, 
without a surf clam or ocean quahog processor or dealer permit.

[[Page 232]]

    (31) Fish for, possess, or land NE multispecies, unless:
    (i) The NE multispecies are being fished for or were harvested in or 
from the EEZ by a vessel holding a valid multispecies permit under this 
part, or a letter under Sec. 648.4(a)(1), and the operator on board such 
vessel has been issued an operator's permit and has a valid permit on 
board the vessel;
    (ii) The NE multispecies were harvested by a vessel not issued a 
multispecies permit that fishes for NE multispecies exclusively in state 
waters;
    (iii) The NE multispecies were harvested in or from the EEZ by a 
recreational fishing vessel; or
    (iv) Unless otherwise specified in Sec. 648.17.
    (32) Land, offload, remove, or otherwise transfer, or attempt to 
land, offload, remove or otherwise transfer multispecies from one vessel 
to another vessel, unless both vessels have not been issued multispecies 
permits and both fish exclusively in state waters, or unless authorized 
in writing by the Regional Administrator.
    (33) Sell, barter, trade, or otherwise transfer; or attempt to sell, 
barter, trade, or otherwise transfer for a commercial purpose any NE 
multispecies from a trip, unless the vessel is holding a multispecies 
permit, or a letter under Sec. 648.4(a)(1), and is not fishing under the 
charter/party vessel restrictions specified in Sec. 648.89, or unless 
the NE multispecies were harvested by a vessel without a multispecies 
permit that fishes for NE multispecies exclusively in state waters, or 
unless otherwise specified in Sec. 648.17.
    (34) Operate or act as an operator of a vessel fishing for or 
possessing NE multispecies in or from the EEZ, or holding a multispecies 
permit without having been issued and possessing a valid operator's 
permit.
    (35) Fish with, use, or have on board within the area described in 
Sec. 648.80(a)(1), nets of mesh whose size is smaller than the minimum 
mesh size specified in Sec. 648.80(a)(2), except as provided in 
Sec. 648.80(a)(3) through (6), (a)(8), (a)(9), (d), (e) and (i), unless 
the vessel has not been issued a multispecies permit and fishes for NE 
multispecies exclusively in state waters, or unless otherwise specified 
in Sec. 648.17.
    (36) Fish with, use, or have available for immediate use within the 
area described in Sec. 648.80(b)(1), nets of mesh size smaller than the 
minimum size specified in Sec. 648.80(b)(2), except as provided in 
Sec. 648.80(b)(3), (b)(9), (d), (e), and (i), or unless the vessel has 
not been issued a multispecies permit and fishes for multispecies 
exclusively in state waters, or unless otherwise specified in 
Sec. 648.17.
    (37) Fish with, use, or have available for immediate use within the 
area described in Sec. 648.80(c)(1), nets of mesh size smaller that the 
minimum mesh size specified in Sec. 648.80(c)(2), except as provided in 
Sec. 648.80(c)(3), (d), (e), and (i), or unless the vessel has not been 
issued a multispecies permit and fishes for NE multispecies exclusively 
in state waters, or unless otherwise specified in Sec. 648.17.
    (38) Enter or be in the area described in Sec. 648.81(a)(1) on a 
fishing vessel, except as provided in Sec. 648.81(a) (2) and (d).
    (39) Enter or be in the area described in Sec. 648.81(b)(1) on a 
fishing vessel, except as provided by Sec. 648.81(b)(2).
    (40) Enter, or be in the area described in Sec. 648.81(c)(1), on a 
fishing vessel, except as provided in Sec. 648.81 (c)(2) and (d).
    (41) Fail to comply with the gear-marking requirements of 
Sec. 648.84.
    (42) Fish within the areas described in Sec. 648.80(a)(4) with nets 
of mesh smaller than the minimum size specified in Sec. 648.80(a)(2), 
unless the vessel is issued and possesses on board an authorizing letter 
issued under Sec. 648.80(a)(4)(i).
    (43) Violate any of the provisions of Sec. 648.80(a)(4), the 
Cultivator Shoals whiting fishery exemption area; (a)(5), the Stellwagen 
Bank/Jeffreys Ledge (SB/JL) juvenile protection area; (a)(8), Small Mesh 
Area 1/Small Mesh Area 2; (a)(9), the Nantucket Shoals dogfish fishery 
exemption area; (a)(11), the Nantucket Shoals mussel and sea urchin 
dredge exemption area; (a) (12), the GOM/GB monkfish gillnet exemption 
area; (a)(13), the GOM/GB dogfish gillnet exemption area; (b)(3), 
exemptions (small mesh); (b)(5), the SNE monkfish and skate trawl 
exemption area; (b)(6), the SNE monkfish and skate gillnet exemption 
area; (b)(7),

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the SNE dogfish gillnet exemption area; (b)(8), the SNE mussel and sea 
urchin dredge exemption area; or (b)(9), the SNE little tunny gillnet 
exemption area. A violation of any of these paragraphs is a separate 
violation.
    (44) Fish for, land, or possess NE multispecies harvested by means 
of pair trawling or with pair trawl gear, except under the provisions of 
Sec. 648.80(d), or unless the vessels that engaged in pair trawling have 
not been issued multispecies permits and fish for NE multispecies 
exclusively in state waters.
    (45) Fish for, harvest, possess, or land in or from the EEZ northern 
shrimp, unless such shrimp were fished for or harvested by a vessel 
meeting the requirements specified in Sec. 648.80(a)(3).
    (46) Violate any terms of a letter authorizing experimental fishing 
pursuant to Sec. 648.12 or fail to keep such letter on board the vessel 
during the period of the experiment.
    (47) Fish for the species specified in Sec. 648.80(d) or (e) with a 
net of mesh size smaller than the applicable mesh size specified in 
Sec. 648.80(a)(2), (b)(2), or (c)(2), or possess or land such species, 
unless the vessel is in compliance with the requirements specified in 
Sec. 648.80(d) or (e), or unless the vessel has not been issued a 
multispecies permit and fishes for NE multispecies exclusively in state 
waters, or unless otherwise specified in Sec. 648.17.
    (48) Violate any provision of the open access permit restrictions as 
provided in Sec. 648.88.
    (49) Violate any of the restrictions on fishing with scallop dredge 
gear specified in Sec. 648.80(h).
    (50) Violate any provision of the state waters winter flounder 
exemption program as provided in Sec. 648.80(i).
    (51) Obstruct or constrict a net as described in Sec. 648.80(g) (1) 
or (2).
    (52) Enter, be on a fishing vessel in, or fail to remove gear from 
the EEZ portion of the areas described in Sec. 648.81 (f)(1) through 
(i)(1) during the time period specified, except as provided in 
Sec. 648.81(d), (f)(2), (g)(2), (h)(2), and (i)(2).
    (53) Possess, land, or fish for regulated species, except winter 
flounder as provided for in accordance with Sec. 648.80(i) and from or 
within the areas described in Sec. 648.80(i), while in possession of 
scallop dredge gear on a vessel not fishing under the scallop DAS 
program as described in Sec. 648.53, or fishing under a general scallop 
permit, unless the vessel and the dredge gear conform with the stowage 
requirements of Sec. 648.51 (a)(2)(ii) and (e)(2), or unless the vessel 
has not been issued a multispecies permit and fishes for NE multispecies 
exclusively in state waters.
    (54) Possess or land fish caught with nets of mesh smaller than the 
minimum size specified in Sec. 648.51, or with scallop dredge gear on a 
vessel not fishing under the scallop DAS program described in 
Sec. 648.54 of this chapter, or fishing under a general scallop permit, 
unless said fish are caught, possessed or landed in accordance with 
Secs. 648.80 and 648.86, or unless the vessel has not been issued a 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (55) Purchase, possess, or receive as a dealer, or in the capacity 
of a dealer, regulated species in excess of the possession limit 
specified in Sec. 648.86 applicable to a vessel issued a multispecies 
permit, unless otherwise specified in Sec. 648.17.
    (56) Possess, or land per trip, scallops in excess of 40 lb (18.14 
kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, unless:
    (i) The scallops were harvested by a vessel that has been issued and 
carries on board a general or limited access scallop permit; or
    (ii) The scallops were harvested by a vessel that has not been 
issued a scallop permit and fishes for scallops exclusively in state 
waters.
    (57) Fish for, possess or land per trip, scallops in excess of 400 
lb (181.44 kg) or 50 bu (17.62 hl) of in-shell scallops, unless:
    (i) The scallops were harvested by a vessel that has been issued and 
carries on board a limited access scallop permit, or
    (ii) The scallops were harvested by a vessel that has not been 
issued a scallop permit and fishes for scallops exclusively in state 
waters.
    (58) Fish for, possess, or land per trip, scallops in excess of 40 
lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, 
unless:

[[Page 234]]

    (i) The scallops were harvested by a vessel with an operator on 
board who has been issued an operator's permit and the permit is on 
board the vessel and is valid; or
    (ii) The scallops were harvested by a vessel that has not been 
issued a scallop permit and fishes for scallops exclusively in state 
waters.
    (59) Have a shucking or sorting machine on board a vessel that 
shucks scallops at sea, while in possession of more than 400 lb (181.44 
kg) of shucked scallops, unless that vessel has not been issued a 
scallop permit and fishes exclusively in state waters.
    (60) Land, offload, remove, or otherwise transfer, or attempt to 
land, offload, remove or otherwise transfer, scallops from one vessel to 
another, unless that vessel has not been issued a scallop permit and 
fishes exclusively in state waters.
    (61) Sell, barter or trade, or otherwise transfer, or attempt to 
sell, barter or trade, or otherwise transfer, for a commercial purpose, 
any scallops from a trip whose catch is 40 lb (18.14 kg) of shucked 
scallops or less, or 5 bu (176.1 L) of in-shell scallops, unless the 
vessel has been issued a valid general or limited access scallop permit, 
or the scallops were harvested by a vessel that has not been issued a 
scallop permit and fishes for scallops exclusively in state waters.
    (62) Purchase, possess, or receive for a commercial purpose, or 
attempt to purchase, possess, or receive for a commercial purpose, in 
the capacity of a dealer, scallops taken from a fishing vessel that were 
harvested in or from the EEZ, unless issued, and in possession of, a 
valid scallop dealer's permit.
    (63) Purchase, possess, or receive for commercial purposes, or 
attempt to purchase or receive for commercial purposes, scallops caught 
by a vessel other than one issued a valid limited access or general 
scallop permit unless the scallops were harvested by a vessel that has 
not been issued a scallop permit and fishes for scallops exclusively in 
state waters.
    (64) Operate or act as an operator of a vessel fishing for or 
possessing any species of fish regulated by this part in or from the 
EEZ, or issued a permit pursuant to this part, without having been 
issued and possessing a valid operator's permit.
    (65) Possess in or harvest from the EEZ summer flounder, either in 
excess of the possession limit specified in Sec. 648.105, or before or 
after the time period specified in Sec. 648.102, unless the vessel was 
issued a summer flounder moratorium permit and the moratorium permit is 
on board the vessel and has not been surrendered, revoked, or suspended.
    (66) Possess nets or netting with mesh not meeting the minimum mesh 
requirement of Sec. 648.104 if the person possesses summer flounder 
harvested in or from the EEZ in excess of the threshold limit of 
Sec. 648.105(a).
    (67) Purchase or otherwise receive, except for transport, summer 
flounder from the owner or operator of a vessel issued a summer flounder 
moratorium permit, unless in possession of a valid summer flounder 
dealer permit.
    (68) Purchase or otherwise receive for commercial purposes summer 
flounder caught by other than a vessel with a summer flounder moratorium 
permit not subject to the possession limit of Sec. 648.105.
    (69) Purchase or otherwise receive for a commercial purpose summer 
flounder landed in a state after the effective date published in the 
Federal Register notifying permit holders that commercial quota is no 
longer available in that state.
    (70) Fail to comply with any sea turtle conservation measure 
specified in Sec. 648.106, including any sea turtle conservation measure 
implemented by notification in the Federal Register in accordance with 
Sec. 648.106(d).
    (71) Use any vessel of the United States for taking, catching, 
harvesting, fishing for, or landing any Atlantic salmon taken from or in 
the EEZ.
    (72) Transfer, directly or indirectly, or attempt to transfer to any 
vessel any Atlantic salmon taken in or from the EEZ.
    (73) Take and retain, or land more mackerel, squid, and butterfish 
than specified under a notice issued under Sec. 648.22.
    (74) Possess nets or netting with mesh not meeting the minimum size 
requirement of Sec. 648.23 and not stowed in accordance with the 
requirements of

[[Page 235]]

Sec. 648.23, if in possession of Loligo harvested in or from the EEZ.
    (75) Transfer Loligo, Illex, or butterfish within the EEZ, unless 
the vessels participating in the transfer have been issued a valid 
Loligo and butterfish or Illex moratorium permit and are transferring 
the species for which the vessels are permitted or have a valid squid/
butterfish incidental catch permit and a letter of authorization from 
the Regional Administrator.
    (76) Purchase, possess or receive for a commercial purpose, or 
attempt to purchase, possess, or receive for a commercial purpose, in 
the capacity of a dealer, except for transport on land, mackerel, squid, 
and butterfish taken from a fishing vessel unless issued, and in 
possession of a valid mackerel, squid, and butterfish fishery dealer 
permit.
    (77) Purchase or otherwise receive for a commercial purpose, 
mackerel, squid, and butterfish caught by other than a vessel issued a 
mackerel, squid, and butterfish permit, unless the vessel has not been 
issued a permit under this part and fishes exclusively within the waters 
under the jurisdiction of any state.
    (78) [Reserved]
    (79) Violate any other provision of this part, the Magnuson Act, or 
any regulation, notice, or permit issued under the Magnuson Act.
    (80) Possess scup in or harvested from the EEZ north of 35 deg.15.3' 
N. lat. in an area closed, or before or after a season established 
pursuant to Sec. 648.122.
    (81) To purchase or otherwise receive for a commercial purpose scup 
harvested from the EEZ north of 35 deg.15.3' N. lat., or from a vessel 
issued a scup moratorium permit after the effective date of the 
notification published in the Federal Register stating that the 
commercial quota has been harvested.
    (82) Land scup harvested in or from the EEZ north of 35 deg.15.3' N. 
lat. after the effective date of the notification published in the 
Federal Register stating that the commercial quota has been harvested.
    (83) Possess scup harvested in or from the EEZ north of 35 deg.15.3' 
N. lat. that do not meet the minimum fish size specified in 
Sec. 648.124.
    (84) Fish for, catch, or retain scup in excess of 4,000 lb (1,814 
kg) in or from the EEZ north of 35 deg.15.3' N. lat. unless the vessel 
meets the gear restrictions in Sec. 648.123.
    (85) Fish for, catch, or retain scup in or from the EEZ north of 
35 deg.15.3' N. lat. for sale, barter, or trade, after January 1, 1997, 
unless the vessel has been issued a valid moratorium permit pursuant to 
Sec. 648.4(a)(6).
    (86) Sell or transfer scup harvested in or from the EEZ north of 
35 deg.15.3' N. lat. after January 1, 1997, unless the vessel has been 
issued a valid moratorium permit pursuant to Sec. 648.4(a)(6).
    (87) Fish for, catch, or retain scup in or from the EEZ north of 
35 deg.15.3' N. lat. on board a party or charter boat after January 1, 
1997, unless the vessel has been issued a valid party or charter boat 
permit pursuant to Sec. 648.4(a)(6)(ii).
    (88) Fish with or possess scup pots or traps in the EEZ north of 
35 deg.15.3' N. lat. that have a rectangular escape vent, any side of 
which is less than 2.25 inches (5.7 cm) in length.
    (89) Fail to remove, use, set, haul back, fish with, or possess on 
board a vessel, unless stowed in accordance with Sec. 648.81(e)(4), sink 
gillnet gear and other gillnet gear capable of catching multispecies, 
with the exception of single pelagic gillnets (as described in 
Sec. 648.81(f)(2)(ii)), in the areas and for the times specified in 
Sec. 648.87 (a) and (b), except as provided in Secs. 648.81(f)(2)(ii) 
and 648.87 (a) and (b), or unless otherwise authorized in writing by the 
Regional Administrator.
    (90) Fail to remove, use, set, haul back, fish with, or possess on 
board a vessel, unless stowed in accordance with Sec. 648.81(e)(4), sink 
gillnet gear and other gillnet gear capable of catching multispecies, 
with the exception of single pelagic gillnets (as described in 
Sec. 648.81(f)(2)(ii)), in the areas and for the times specified in 
Sec. 648.87 (a) and (b), except as provided in Secs. 648.81(f)(2)(ii) 
and 648.87 (a) and (b), or unless otherwise authorized in writing by the 
Regional Administrator.
    (91) Possess in or harvest from the EEZ from 35 deg.15.3' N. lat., 
the latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada 
border, black sea bass either in excess of the possession limit

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established pursuant to Sec. 648.145 or before or after the time period 
established pursuant to Sec. 648.142, unless the person is operating a 
vessel issued a moratorium permit under Sec. 648.4 and the moratorium 
permit is on board the vessel and has not been surrendered, revoked, or 
suspended;
    (92) Fish for, catch, or retain 100 lb or more (45.4 kg or more) of 
black sea bass in or from the EEZ from 35 deg.15.3' N. lat., the 
latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada 
border, unless the vessel meets the gear restrictions of Sec. 648.144.
    (93) Purchase or otherwise receive for commercial purposes black sea 
bass caught in the EEZ from 35 deg.15.3' N. lat., the latitude of Cape 
Hatteras Light, North Carolina, northward to the U.S.-Canada border, by 
other than a vessel with a moratorium permit not subject to the 
possession limit established pursuant to Sec. 648.145 unless the vessel 
has not been issued a permit under this part and is fishing exclusively 
within the waters under the jurisdiction of any state.
    (94) Possess or use rollers used in roller rig or rock hopper trawl 
gear that do not meet the minimum size requirement of Sec. 648.144 if 
the person possesses black sea bass harvested in or from the EEZ from 
35 deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC, northward 
to the U.S.-Canada border.
    (95) Possess or use pot and trap gear not meeting the requirements 
of Sec. 648.144 if the person possesses black sea bass harvested in or 
from the EEZ from 35 deg.15.3' N. lat., the latitude of Cape Hatteras 
Light, NC, northward to the U.S.-Canada border.
    (96) Purchase or otherwise receive for commercial purposes black sea 
bass landed for sale by a moratorium vessel in any state, or part 
thereof, north of 35 deg.15.3' N. lat., after the effective date of the 
notification published in the Federal Register stating that the 
commercial quarterly quota has been harvested and the EEZ is closed to 
the harvest of black sea bass.
    (97) Fish in or transit the Scallop Experimental Area defined in 
Sec. 648.56(a)(1), except as provided for in Sec. 648.56 (a)(2) and 
(a)(3).
    (98) Fish, or be in the areas described in Sec. 648.81(j)(1), 
(k)(1), (l)(1), and (m)(1) on a fishing vessel with mobile gear during 
the time periods specified in Sec. 648.81(j)(2), (k)(2), (l)(2), and 
(m)(2), except as provided in Sec. 648.81(j)(2), (k)(2), (l)(2), and 
(m)(2).
    (99) Fish, or be in the areas described in Sec. 648.81(j)(1), 
(k)(1), and (l)(1) on a fishing vessel with lobster pot gear during the 
time periods specified in Sec. 648.81(j)(2), (k)(2), and (l)(2).
    (100) Deploy in or fail to remove lobster pot gear from the areas 
described in Sec. 648.81(j)(1), (k)(1), and (l)(1), during the time 
periods specified in Sec. 648.81(j)(2), (k)(2), and (l)(2).
    (101) Enter, fail to remove gear from, or be in the areas described 
in Sec. 648.81(f)(1) through (i)(1) and in Sec. 648.81(n)(1) during the 
time period specified, except as provided in Sec. 648.81(d), (f)(2), 
(g)(2), (h)(2), (i)(2) and (n)(2).
    (102) Enter or fish in the Gulf of Maine/Georges Bank and Southern 
New England Regulated Mesh Areas, except as provided in Secs. 648.80 
(a)(2)(iii) and (b)(2)(iii), and for purposes of transiting, provided 
that all gear (other than exempted gear) is stowed in accordance with 
Sec. 648.23(b).
    (103) Sell, barter, trade or transfer, or attempt to sell, barter, 
trade or otherwise transfer, other than transport, any multispecies, 
unless the dealer or transferee has a dealer permit issued under 
Sec. 648.6.
    (104) Fish for, harvest, possess, or land regulated multispecies 
when fishing in the closed areas specified in Sec. 648.81(a), (b), (c), 
(f), (g) and (h), unless otherwise specified in Sec. 648.81(c)(2)(iii), 
(f)(2)(i) and (f)(2)(iii).
    (105) Offload unshucked surf clams or ocean quahogs harvested in or 
from the EEZ outside the Maine mahogany quahog zone from vessels not 
capable of carrying cages, other than directly into cages.
    (106) Offload unshucked surf clams harvested in or from the EEZ 
within the Maine mahogany quahog zone from vessels not capable of 
carrying cages, other than directly into cages.
    (107) Offload unshucked ocean quahogs harvested in or from the EEZ 
within the Maine mahogany quahog zone from vessels not capable of 
carrying cages, other than directly into cages, unless the vessel has 
been issued

[[Page 237]]

a Maine mahogany quahog permit under this part and is not fishing for an 
individual allocation of quahogs under Sec. 648.70.
    (108) Purchase, receive for a commercial purpose other than 
transport to a testing facility, or process, or attempt to purchase, 
receive for commercial purpose other than transport to a testing 
facility, or process, outside Maine, ocean quahogs harvested in or from 
the EEZ within the Maine mahogany quahog zone, except at a facility 
participating in an overall food safety program, operated by the 
official state agency having jurisdiction, that utilizes food safety-
based procedures including sampling and analyzing for PSP toxin 
consistent with procedures used by the State of Maine for such purpose.
    (109) Land or possess ocean quahogs harvested in or from the EEZ 
within the Maine mahogany quahog zone after the effective date published 
in the Federal Register notifying participants that Maine mahogany 
quahog quota is no longer available, unless the vessel is fishing for an 
individual allocation of ocean quahogs under Sec. 648.70.
    (110)--(111) [Reserved]
    (112) Fish for, harvest, possess, or land in or from the EEZ, when 
fishing with trawl gear, any of the exempted species specified in 
Sec. 648.80(a)(8)(i), unless such species were fished for or harvested 
by a vessel meeting the requirements specified in Sec. 648.80 (a)(3)(ii) 
or (a)(8)(iv).
    (113) Land ocean quahogs outside Maine that are harvested in or from 
the EEZ within the Maine mahogany quahog zone, except at a facility 
participating in an overall food safety program, operated by the 
official state agency having jurisdiction, that utilizes food safety-
based procedures including sampling and analyzing for PSP toxin 
consistent with procedures used by the State of Maine for such purpose.
    (b) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any person owning or operating a vessel holding a 
multispecies permit, issued an operator's permit, or issued a letter 
under Sec. 648.4(a)(1)(i)(H)(3), to land, or possess on board a vessel, 
more than the possession or landing limits specified in Sec. 648.86(a) 
and (b), or to violate any of the other provisions of Sec. 648.86, 
unless otherwise specified in Sec. 648.17.
    (c) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) and (b) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a limited access multispecies permit or a letter under 
Sec. 648.4(a)(1)(i)(H)(3), unless otherwise specified in Sec. 648.17, to 
do any of the following:
    (1) Fish for, possess at any time during a trip, or land per trip 
more than the possession limit of regulated species specified in 
Sec. 648.86(c) after using up the vessel's annual DAS allocation or when 
not participating in the DAS program pursuant to Sec. 648.82, unless 
otherwise exempted under Sec. 648.82(b)(3) or Sec. 648.89.
    (2) If required by Sec. 648.10 to have a VTS unit:
    (i) Fail to have a certified, operational, and functioning VTS unit 
that meets the specifications of Sec. 648.9 on board the vessel at all 
times.
    (ii) Fail to comply with the notification, replacement, or any other 
requirements regarding VTS usage as specified in Sec. 648.10(b).
    (3) Combine, transfer, or consolidate DAS allocations.
    (4) Fish for, possess, or land NE multispecies with or from a vessel 
that has had the horsepower of such vessel or its replacement upgraded 
or increased in excess of the limitations specified in 
Sec. 648.4(a)(1)(i) (E) and (F).
    (5) Fish for, possess, or land NE multispecies with or from a vessel 
that has had the length, GRT, or NT of such vessel or its replacement 
increased or upgraded in excess of limitations specified in 
Sec. 648.4(a)(1)(i) (E) and (F).
    (6) Fail to comply with any provision of the DAS notification 
program as specified in Sec. 648.10.
    (7) Possess or land per trip more than the possession or landing 
limits specified under Sec. 648.86(a), (b), and under Sec. 648.82(b)(3), 
if the vessel has been issued a limited access multispecies permit.
    (8) Fail to comply with the restrictions on fishing and gear 
specified in Sec. 648.82(b)(4), if the vessel has been

[[Page 238]]

issued a limited access multispecies hook-gear permit.
    (9) Fail to declare, and be, out of the NE multispecies DAS program 
as required by Sec. 648.82(g), using the procedure described under 
Sec. 648.82(h), as applicable.
    (10) Enter, fail to remove sink gillnet gear or gillnet gear capable 
of catching multispecies from, or be in the areas, and for the times, 
described in Sec. 648.87(a) and (b), except as provided in 
Sec. 648.81(d), and (f)(2), and in Sec. 648.87(a)(1)(ii).
    (11) If the vessel has been issued a limited access multispecies 
permit and fishes under a multispecies DAS, fail to comply with gillnet 
requirements and restrictions specified in Sec. 648.82(k).
    (12) If the vessel has been issued a limited access Day gillnet 
category designation, fail to comply with the restriction and 
requirements specified in Sec. 648.82(k)(1).
    (13) If the vessel has been issued a Day gillnet category 
designation, fail to remove gillnet gear from the water as described in 
Sec. 648.82(g) and Sec. 648.82(k)(1)(iv).
    (14) Fail to produce or, cause to be produced, gillnet tags when 
requested by an authorized officer.
    (15) Produce, or cause to be produced, gillnet tags under 
Sec. 648.82(k)(1) without the written confirmation from the Regional 
Administrator described in Sec. 648.82(k)(1)(ii).
    (16) Tag a gillnet or use a gillnet tag that has been reported lost, 
missing, destroyed, or issued to another vessel.
    (17) Sell, transfer, or give away gillnet tags that have been 
reported lost, missing, destroyed, or issued to another vessel.
    (18) If the vessel has been issued a Trip gillnet category 
designation, fail to comply with the restrictions and requirements 
specified in Sec. 648.82(k)(2).
    (19) Fail to comply with the exemption specifications as described 
in Sec. 648.86(b)(2).
    (20) Fail to comply with the provisions of the cod hail weight 
notification specifications specified in Sec. 648.86(b)(1)(ii)(B).
    (21) Fail to declare, and be, out of the non-exempt gillnet fishery 
as required by Sec. 648.82(k)(1)(iv), using the procedure described 
under Sec. 648.82(h), as applicable.
    (22) Fail to comply with the exemption specifications as described 
in Sec. 648.17.
    (23) Fail to enter port and call-out of the DAS program no later 
than 14 DAS after starting (i.e., the time of the issuance of the DAS 
authorization number) a multispecies DAS trip, as specified in 
Sec. 648.10(f)(3), unless otherwise specified in Sec. 648.86(b)(1)(ii), 
or unless the vessel is fishing under the cod exemption specified in 
Sec. 648.86(b)(2).
    (24) Fail to enter port and report the hail weight of cod within 14 
DAS after starting a multispecies DAS trip, as specified in 
Sec. 648.10(f)(3), if the vessel exceeds the allowable limit of cod 
specified in Sec. 648.86(b)(1)(i) and (b)(3)(i), unless the vessel is 
fishing under the cod exemption specified in Sec. 648.86(b)(2).
    (25) Fail to remain in port for the appropriate time specified in 
Sec. 648.86(b)(1)(ii)(A), except for transiting purposes, provided the 
vessel complies with Sec. 648.86(b)(4).
    (d) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a), (b), and (c) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a multispecies handgear permit to do any of the following, unless 
otherwise specified in Sec. 648.17:
    (1) Possess, at any time during a trip, or land per trip, more than 
the possession limit of regulated species specified in Sec. 648.88(a), 
unless the regulated species were harvested by a charter or party 
vessel.
    (2) Use, or possess on board, gear capable of harvesting NE 
multispecies, other than rod and reel or handline, while in possession 
of, or fishing for, NE multispecies.
    (3) Possess or land NE multispecies during the time period specified 
in Sec. 648.88(a)(2).
    (4) Violate any provision of the open access handgear permit 
restrictions as provided in Sec. 648.88(a).
    (e) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) through (d) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a scallop multispecies possession limit permit to possess or land 
more than

[[Page 239]]

the possession limit of regulated species specified at Sec. 648.88(c) or 
to possess or land regulated species when not fishing under a scallop 
DAS, unless otherwise specified in Sec. 648.17.
    (f) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any person owning or operating a vessel issued a limited 
access scallop permit or a general scallop permit under Sec. 648.4(a)(2) 
to land, or possess at or after landing, in-shell scallops smaller than 
the minimum shell height specified in Sec. 648.50(a).
    (g) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and the prohibitions specified in 
paragraphs (a) through (f) of this section, it is unlawful for the owner 
or operator of a charter or party boat issued a multispecies permit, or 
of a recreational vessel, as applicable, unless otherwise specified in 
Sec. 648.17, to:
    (1) Fish with gear in violation of the restrictions specified in 
Sec. 648.89(a).
    (2) Possess cod and haddock in excess of the possession limits 
specified in Sec. 648.89(c).
    (3) Sell, trade, barter, or otherwise transfer, or attempt to sell, 
trade, barter or otherwise transfer, NE multispecies for a commercial 
purpose as specified in Sec. 648.89(d).
    (h) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) and (g) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a limited access scallop permit under Sec. 648.4(a)(2) to do any 
of the following:
    (1) Possess, or land per trip, more than 400 lb (181.44 kg) of 
shucked, or 50 bu (17.62 hl) of in-shell scallops after using up the 
vessel's annual DAS allocation or when not participating under the DAS 
program pursuant to Sec. 648.10, unless exempted from DAS allocations as 
provided in Sec. 648.54.
    (2) Land scallops on more than one trip per calendar day after using 
up the vessel's annual DAS allocation or when not participating under 
the DAS program pursuant to Sec. 648.10, unless exempted from DAS 
allocations as provided in Sec. 648.55.
    (3) Fail to have an approved, operational, and functioning VTS unit 
that meets the specifications of Sec. 648.9 on board the vessel at all 
times, unless the vessel is not subject to the VTS requirements 
specified in Sec. 648.10.
    (4) If the vessel is not subject to VTS requirements specified in 
Sec. 648.10(a), fail to comply with the requirements of the call-in 
system specified in Sec. 648.10(b).
    (5) Combine, transfer, or consolidate DAS allocations.
    (6) Have an ownership interest in more than 5 percent of the total 
number of vessels issued limited access scallop permits, except as 
provided in Sec. 648.4(a)(2)(i)(H).
    (7) Fish for, possess, or land scallops with or from a vessel that 
has had the horsepower of such vessel or its replacement upgraded or 
increased in excess of the limitations specified in Sec. 648.4(a)(2)(i) 
(E) or (F).
    (8) Fish for, possess, or land scallops with or from a vessel that 
has had the length, GRT, or NT of such vessel or its replacement 
increased or upgraded in excess of limitations specified in 
Sec. 648.4(a)(2)(i) (E) or (F).
    (9) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 l) 
of in shell scallops or participate in the DAS allocation program, while 
in the possession of trawl nets that have a maximum sweep exceeding 144 
ft (43.9 m), as measured by the total length of the footrope that is 
directly attached to the webbing of the net, except as specified in 
Sec. 648.51(a)(2)(ii).
    (10) Fish under the DAS allocation program with, or have available 
for immediate use, trawl nets of mesh smaller than the minimum size 
specified in Sec. 648.51(a)(2).
    (11) Fish under the DAS allocation program with trawl nets that use 
chafing gear or other means or devices that do not meet the requirements 
of Sec. 648.51(a)(3).
    (12) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 
L) of in-shell scallops or participate in the DAS allocation program, 
while in possession of dredge gear that has a maximum combined dredge 
width exceeding 31 ft (9.4 m), measured at the widest point in the bail 
of each dredge, except as specified in Sec. 648.51(b)(1).
    (13) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 
L) of in-shell

[[Page 240]]

scallops, or fish under the DAS allocation program, while in possession 
of dredge gear that uses net or net material on the top half of the 
dredge of a minimum mesh size smaller than that specified in 
Sec. 648.51(b)(2).
    (14) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 
L) of in-shell scallops, or fish under the DAS allocation program, while 
in possession of dredge gear containing rings that have minimum sizes 
smaller than those specified in Sec. 648.51(b)(3).
    (15) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 
L) of in-shell scallops, or participate in the DAS allocation program, 
while in possession of dredge gear that uses links between rings of the 
gear or ring configurations that do not conform to the specifications 
described in Sec. 648.51(b)(4)(ii).
    (16) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 
L) of in-shell scallops, or participate in the DAS allocation program, 
while in possession of dredge gear that uses cookies or chafing gear, or 
other gear, means, or devices on the top half of a dredge that obstruct 
the openings in or between the rings, except as specified in 
Sec. 648.51(b)(4).
    (17) Participate in the DAS allocation program with more than the 
number of persons specified in Sec. 648.51(c), including the operator, 
on board when the vessel is not docked or moored in port, unless 
otherwise authorized by the Regional Administrator.
    (18) Fish under the small dredge program specified in Sec.  
648.51(e), with, or while in possession of, a dredge that exceeds 10.5 
ft (3.2 m) in overall width, as measured at the widest point in the bail 
of the dredge.
    (19) Fish under the small dredge program as specified in 
Sec. 648.51(e) with more than five persons, including the operator, 
aboard the vessel, unless otherwise authorized by the Regional 
Administrator.
    (20) Have a shucking or sorting machine on board a vessel that 
shucks scallops at sea while fishing under the DAS allocation program, 
unless otherwise authorized by the Regional Administrator.
    (21) Refuse or fail to carry an observer if requested to do so by 
the Regional Administrator.
    (22) Fail to provide an observer with required food, accommodations, 
access, and assistance, as specified in Sec. 648.11.
    (23) Fail to comply with any requirement for declaring in and out of 
the DAS allocation program as specified in Sec. 648.10.
    (24) Fail to comply with any requirement for participating in the 
DAS Exemption Program as specified in Sec. 648.54.
    (25) Fish with, possess on board, or land scallops while in 
possession of trawl nets, when fishing for scallops under the DAS 
allocation program, unless exempted as provided for in Sec. 648.51(f).
    (26) Fail to comply with the restriction on twine top described in 
Sec. 648.51(b)(4)(iv).
    (i) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a), (f), and (g) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a general scallop permit to do any of the following:
    (1) Possess, or land per trip, more than 400 lb (181.44 kg) of 
shucked or 50 bu (17.62 hl) of in-shell scallops.
    (2) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) 
of in-shell scallops while in possession of, or fish for scallops with, 
dredge gear that has a maximum combined dredge width exceeding 31 ft 
(9.4 m), measured at the widest point in the bail of each dredge, except 
as specified in Sec. 648.51(b)(1).
    (3) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) 
of in-shell scallops while in possession of, or fish for scallops with, 
dredge gear that uses net or net material on the top half of the dredge 
of a minimum mesh size smaller than that specified in Sec. 648.51(b)(2).
    (4) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) 
of in-shell scallops while in possession of, or fish for scallops with, 
dredge gear containing rings that have minimum sizes smaller than those 
specified in Sec. 648.51(b)(3).
    (5) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) 
of in-shell scallops while in possession of, or fish for scallops with, 
dredge gear that uses links between rings of the gear or ring 
configurations that do not conform to

[[Page 241]]

the specifications described in Sec. 648.51(b)(4)(ii).
    (6) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) 
of in-shell scallops while in possession of, or fish for scallops with, 
dredge gear that uses cookies or chafing gear, or other gear, means, or 
devices on the top half of a dredge that obstruct the openings in or 
between the rings, except as specified in Sec. 648.51(b)(4).
    (7) Fish for, or land, more than 40 lb (18.14 kg) of scallops on 
more than one trip per calendar day.
    (j) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any person owning or operating a vessel issued a summer 
flounder permit (including moratorium permit) to do any of the 
following:
    (1) Possess 100 lb or more (45.4 kg or more) of summer flounder 
between May 1 and October 31, or 200 lb or more (90.7 kg or more) of 
summer flounder between November 1 and April 30, unless the vessel meets 
the minimum mesh size requirement specified in Sec. 648.104(a), or is 
fishing in the exempted area with an exemption permit as specified in 
Sec. 648.104(b)(1), or holds an exemption permit and is in transit from 
the exemption area with nets properly stowed as specified in 
Sec. 648.104(f), or is fishing with exempted gear specified in 
Sec. 648.104(b)(2).
    (2) Possess summer flounder in other than a box specified in 
Sec. 648.105(d) if fishing with nets having mesh that does not meet the 
minimum mesh-size requirement specified in Sec. 648.104(a), unless the 
vessel is fishing pursuant to the exemptions specified in 
Sec. 648.104(b).
    (3) Land summer flounder for sale in a state after the effective 
date of the notification in the Federal Register notifying permit 
holders that commercial quota is no longer available in that state.
    (4) Fish with or possess nets or netting that do not meet the 
minimum mesh requirement, or that are modified, obstructed or 
constricted, if subject to the minimum mesh requirement specified in 
Sec. 648.104, unless the nets or netting are stowed in accordance with 
Sec. 648.104(f).
    (5) Fish with or possess nets or netting that do not meet the 
minimum mesh requirement, or that are modified, obstructed or 
constricted, if fishing with an exempted net described in Sec. 648.104, 
unless the nets or netting are stowed in accordance with 
Sec. 648.104(f).
    (6) Fish west or south, as appropriate, of the line specified in 
Sec. 648.104(b)(1) if exempted from the minimum mesh requirement 
specified in Sec. 648.104 by a summer flounder exemption permit.
    (7) Sell or transfer to another person for a commercial purpose, 
other than transport, any summer flounder, unless the transferee has a 
valid summer flounder dealer permit.
    (8) Carry passengers for hire, or carry more than three crew members 
for a charter boat or five crew members for a party boat, while fishing 
commercially pursuant to a summer flounder moratorium permit.
    (9) Offload, remove, or otherwise transfer, or attempt to offload, 
remove or otherwise transfer summer flounder from one vessel to another, 
unless that vessel has not been issued a summer flounder permit and 
fishes exclusively in state waters.
    (k) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any person owning or operating a vessel issued a scup 
permit (including a moratorium permit) to do any of the following:
    (1) Possess scup in excess of the threshold amount specified in 
Sec. 648.123, unless the vessel meets the minimum mesh-size restrictions 
specified in Sec. 648.123.
    (2) Fail to keep scup separate from other species if fishing with 
nets having mesh that does not meet the minimum mesh-size restrictions 
specified in Sec. 648.123(a).
    (3) Land scup for sale after the effective date of the notification 
published in the Federal Register stating that the commercial quota has 
been harvested.
    (4) Possess nets or netting that do not meet the minimum mesh 
restrictions or that are modified, obstructed or constricted, if subject 
to the minimum mesh requirements specified in Sec. 648.123(a), unless 
the nets or netting are stowed in accordance with Sec. 648.23(b).

[[Page 242]]

    (5) Fish with nets or netting that do not meet the minimum mesh 
restriction or that are modified, obstructed or constricted while in 
possession of scup in excess of the threshold amount specified in 
Sec. 648.123.
    (6) As of January 1, 1997, sell or transfer to another person for a 
commercial purpose, other than transport on land, any scup, unless the 
transferee has a dealer permit issued under Sec. 648.6.
    (7) Carry passengers for hire, or carry more than three crew members 
for a charter boat or five crew members for a party boat, while fishing 
for scup under the terms of a moratorium permit issued pursuant to 
Sec. 648.4(a)(6).
    (8) Use a scup pot or trap that does not have the hinges and 
fasteners made of degradable materials as specified in Sec. 648.123.
    (9) Use a scup trap or pot that does not have a minimum escape vent 
of the size specified in Sec. 648.123.
    (10) Use roller rig trawl gear equipped with rollers greater than 
the size specified in Sec. 648.123.
    (11) Possess scup in, or harvested from, the EEZ in an area closed, 
or before or after a season established pursuant to Sec. 648.122.
    (12) Use a scup trap or pot that is not marked in accordance with 
Sec. 648.123(b)(3).
    (l) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for the owner or operator of a party or charter boat issued a 
scup permit (including a moratorium permit), when the boat is carrying 
passengers for hire or carrying more than three crew members if a 
charter boat or more than five members if a party boat, to:
    (1) Possess scup in excess of the possession limit established 
pursuant to Sec. 648.125.
    (2) Fish for scup other than during a season established pursuant to 
Sec. 648.122.
    (3) Sell scup or transfer scup to another person for a commercial 
purpose.
    (4) Possess scup that do not meet the minimum fish size specified in 
Sec. 648.124(b).
    (m) It is unlawful for the owner and operator of a party or charter 
boat issued a summer flounder permit (including moratorium permit), when 
the boat is carrying passengers for hire or carrying more than three 
crew members if a charter boat or more than five members if a party 
boat, to:
    (1) Possess summer flounder in excess of the possession limit 
established pursuant to Sec. 648.105.
    (2) Fish for summer flounder other than during a season specified 
pursuant to Sec. 648.102.
    (3) Sell or transfer summer flounder to another person for a 
commercial purpose.
    (n) It is unlawful to violate any terms of a letter authorizing 
experimental fishing pursuant to Sec. 648.12 or to fail to keep such 
letter aboard the vessel during the time period of the experimental 
fishing.
    (o) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any person owning or operating a vessel issued a surf clam 
and ocean quahog permit or issued a surf clam and ocean quahog 
allocation permit under Sec. 648.70, to land or possess any surf clams 
or ocean quahogs in excess of, or without, an individual allocation, or 
to transfer any surf clams or ocean quahogs to any person for a 
commercial purpose other than transport, unless that person has a surf 
clam and ocean quahog processor/dealer permit.
    (p) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter, it is unlawful for any person owning or 
operating a vessel issued a valid mackerel, squid, and butterfish 
fishery permit, or issued an operator's permit, to do any of the 
following:
    (1) Possess more than the incidental catch allowance of Loligo or 
butterfish, unless issued a Loligo squid and butterfish fishery 
moratorium permit.
    (2) Possess more than the incidental catch allowance of Illex squid 
unless issued an Illex squid moratorium permit.
    (3) Take, retain, or land mackerel, squid, or butterfish in excess 
of a trip allowance specified under Sec. 648.22.
    (4) Take, retain, or land mackerel, squid, or butterfish after a 
total closure specified under Sec. 648.22.
    (5) Fish with or possess nets or netting that do not meet the 
minimum mesh requirement for Loligo specified

[[Page 243]]

in Sec. 648.23(a), or that are modified, obstructed, or constricted, if 
subject to the minimum mesh requirement, unless the nets or netting are 
stowed in accordance with Sec. 648.23(b) or the vessel is fishing under 
an exemption specified in Sec. 648.23(a).
    (6) Transfer squid or butterfish at sea to another vessel unless 
that other vessel has been issued a valid Loligo and butterfish or Illex 
moratorium permit and are transferring the species for which the vessel 
is permitted or a valid squid/butterfish incidental catch permit and a 
letter of authorization by the Regional Administrator.
    (7) Fail to comply with any measures implemented pursuant to 
Sec. 648.21.
    (8) Carry passengers for hire while fishing commercially under a 
mackerel, squid, and butterfish fishery permit.
    (9) Fail to carry on board a letter of authorization, if fishing in 
an experimental fishery pursuant to Sec. 648.12.
    (q) It is unlawful for the owner and operator of a party or charter 
boat issued a mackerel, squid, and butterfish fishery permit (including 
a moratorium permit), when the boat is carrying passengers for hire, to 
do any of the following:
    (1) Violate any recreational fishing measures established pursuant 
to Sec. 648.21(d).
    (2) Sell or transfer mackerel, squid, or butterfish to another 
person for a commercial purpose.
    (r) [Reserved]
    (s) Any person possessing or landing per trip, scallops in excess of 
40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) of in-shell scallops, at 
or prior to the time when those scallops are received or possessed by a 
dealer, is subject to all of the scallop prohibitions specified in this 
section, unless the scallops were harvested by a vessel without a 
scallop permit that fishes for scallops exclusively in state waters. Any 
person, regardless of the quantity of scallops possessed or landed, is 
subject to the prohibitions of paragraphs (a)(4) through (7), (10), 
(11), (68), (69), (71), (72), (73), and (87) of this section.
    (t) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) through (h) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a nonregulated multispecies permit to possess or land any 
regulated species as defined in Sec. 648.2, or violate any applicable 
provisions of Sec. 648.88, unless otherwise specified in Sec. 648.17.
    (u) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any person owning or operating a vessel issued a black sea 
bass permit (including a moratorium permit) to do any of the following:
    (1) Possess 1,000 lb (453.6 kg) or more of black sea bass, unless 
the vessel meets the minimum mesh requirement specified in 
Sec. 648.144(a).
    (2) Possess black sea bass in other than a box specified in 
Sec. 648.145(c) if fishing with nets having mesh that does not meet the 
minimum mesh-size requirement specified in Sec. 648.144(a).
    (3) Land black sea bass for sale in any state, or part thereof, 
north or south of 35 deg.15.3' N. lat., after the effective date of the 
notification published in the Federal Register stating that the 
commercial quarterly quota has been harvested and the EEZ is closed to 
the harvest of black sea bass.
    (4) Fish with or possess nets or netting that do not meet the 
minimum mesh requirement, or that are modified, obstructed or 
constricted, if subject to the minimum mesh requirement specified in 
Sec. 648.144, unless the nets or netting are stowed in accordance with 
Sec. 648.23(b).
    (5) Fish with or possess rollers used in roller rig or rock hopper 
trawl gear that do not meet the requirements specified in 
Sec. 648.144(a)(5).
    (6) Fish with or possess pots or traps that do not meet the 
requirements specified in Sec. 648.144(b).
    (7) Sell or transfer to another person for a commercial purpose, 
other than transport on land, any black sea bass, unless the transferee 
has a valid black sea bass dealer permit.
    (8) Carry passengers for hire, or carry more than three crew members 
for a charter boat or five crew members for a party boat, while fishing 
commercially pursuant to a black sea bass moratorium permit.
    (9) Possess, retain or land black sea bass harvested in or from the 
EEZ in

[[Page 244]]

excess of the commercial trip limit established pursuant to 
Sec. 648.140.
    (10) Land black sea bass for sale in any state south of North 
Carolina.
    (11) Possess black sea bass harvested in or from the EEZ north or 
south of 35 deg.15.3' N. lat. after the effective date of the 
notification published in the Federal Register stating that the 
commercial quarterly quota has been harvested and the EEZ is closed to 
the harvest of black sea bass.
    (v) It is unlawful for the owner and operator of a party or charter 
boat issued a black sea bass permit (including a moratorium permit), 
when the boat is carrying passengers for hire or carrying more than 
three crew members if a charter boat or more than five members if a 
party boat, to:
    (1) Possess black sea bass in excess of the possession limit 
established pursuant to Sec. 648.145.
    (2) Fish for black sea bass other than during a season specified 
pursuant to Sec. 648.142.
    (3) Sell black sea bass or transfer black sea bass to another person 
for a commercial purpose.
    (w) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter, it is unlawful for any person to do any of 
the following:
    (1) Possess in or harvest from the EEZ Atlantic bluefish in excess 
of the daily possession limit specified in Sec. 648.131, unless that 
person has a permit meeting the requirements of Sec. 648.4(a)(8);
    (2) Possess, have custody or control of, ship, receive, barter, 
trade, transport, offer for sale, sell, purchase, import, or export any 
bluefish taken, retained, or landed in violation of the Magnuson-Stevens 
Act, or any regulation or permit issued under the Magnuson-Stevens Act;
    (3) Fish under a permit meeting the requirements of Sec. 648.4(a)(8) 
in violation of a notice of restriction published under Sec. 648.162;
    (4) Fish in the EEZ under a permit meeting the requirements of 
Sec. 648.4(a)(8) during a closure under Sec. 648.163; or
    (5) Sell any Atlantic bluefish harvested from the EEZ unless that 
person has a permit that meets the requirements of Sec. 648.4(a)(8).
    (x) For purposes of this section, the following presumptions apply:
    (1) Surf clams and ocean quahogs. (i) Possession of surf clams or 
ocean quahogs on the deck of any fishing vessel in closed areas, or the 
presence of any part of a vessel's gear in the water in closed areas, or 
the presence of any part of a vessel's gear in the water more than 12 
hours after an announcement closing the entire fishery becomes 
effective, is prima facie evidence that such vessel was fishing in 
violation of the provisions of the Magnuson Act and these regulations.
    (ii) Surf clams or ocean quahogs landed from a trip for which 
notification was provided under Sec. 648.15(b) or Sec. 648.70(b) are 
deemed to have been harvested in the EEZ and count against the 
individual's annual allocation unless the vessel has a valid Maine 
mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i) and is not 
fishing for an individual allocation under Sec. 648.70.
    (iii) Surf clams or ocean quahogs found in cages without a valid 
state tag are deemed to have been harvested in the EEZ and are deemed to 
be part of an individual's allocation, unless the vessel has a valid 
Maine mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i) and 
is not fishing for an individual allocation under Sec. 648.70; or, 
unless the preponderance of available evidence demonstrates that he/she 
has surrendered his/her surf clam and ocean quahog permit issued under 
Sec. 648.4 and he/she conducted fishing operations exclusively within 
waters under the jurisdiction of any state. Surf clams and ocean quahogs 
in cages with a Federal tag or tags, issued and still valid pursuant to 
this section, affixed thereto are deemed to have been harvested by the 
individual allocation holder to whom the tags were issued or transferred 
under Sec. 648.(70) or Sec. 648.75(b).
    (2) Scallops. Scallops that are possessed or landed at or prior to 
the time when the scallops are received by a dealer, or scallops that 
are possessed by a dealer, are deemed to be harvested from the EEZ, 
unless the preponderance of all submitted evidence demonstrates that 
such scallops were harvested by a vessel without a scallop permit and 
fishing exclusively for scallops in state waters.

[[Page 245]]

    (3) Summer flounder. All summer flounder possessed aboard a party or 
charter boat issued a summer flounder permit are deemed to have been 
harvested from the EEZ.
    (4) NE multispecies. (i) Regulated species possessed for sale that 
do not meet the minimum sizes specified in Sec. 648.83 for sale are 
deemed to have been taken or imported in violation of these regulations, 
unless the preponderance of all submitted evidence demonstrates that 
such fish were harvested by a vessel not issued a permit under this part 
and fishing exclusively within state waters, or by a vessel that fished 
exclusively in the NAFO Regulatory Area. This presumption does not apply 
to fish being sorted on deck.
    (ii) Regulated species possessed for sale that do not meet the 
minimum sizes specified in Sec. 648.83 for sale are deemed taken from 
the EEZ or imported in violation of these regulations, unless the 
preponderance of all submitted evidence demonstrates that such fish were 
harvested by a vessel not issued a permit under this part and fishing 
exclusively within state waters, or by a vessel that fished exclusively 
in the NAFO Regulatory Area. This presumption does not apply to fish 
being sorted on deck.
    (5) Mackerel, squid, and butterfish. All mackerel and butterfish 
possessed on board a party or charter boat issued a mackerel, squid, and 
butterfish fishery permit are deemed to have been harvested from the 
EEZ.
    (6) Scup. All scup possessed on board a party or charter boat issued 
a permit under Sec. 648.4 are deemed to have been harvested from the 
EEZ.
    (7) Black sea bass. All black sea bass possessed on board a party or 
charter boat issued a permit under Sec. 648.4(a)(7)(ii) are deemed to 
have been harvested from U.S. waters of the western Atlantic Ocean from 
35 deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC, northward 
to the U.S.-Canada border.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affection 
Sec. 648.14, see the List of CFR sections affected in the Finding Aids 
section of this volume.

    Effective Date Notes: 1. At 63 FR 15326, Mar. 31, 1998, Sec. 648.14 
was amended by adding and reserving paragraphs (a)(104) through 
(a)(109), and adding paragraphs (a)(110) and (a)(111), effective Apr. 3, 
1998 through Sept. 27, 1998. At 63 FR 51862, Sept. 29, 1998, the 
effective date was extended through Mar. 26, 1999. For the convenience 
of the user, paragraph (a)(110) and (111) are set forth as follows:



Sec. 648.14  Prohibitions.

    (a) * * *
    (110) Fish for, possess or retain sea scallops in or from the areas 
described in Sec. 648.57
    (111) Transit or be in the areas described in Sec. 648.57 was 
scallop gear that is not properly stowed as required in Sec. 648.57.

                                * * * * *

    Effective Date Notes: 2. At 63 FR 45940, Aug. 28, 1998, Sec. 648.14 
was amended by adding paragraph (a)(97), effective Aug. 28, 1998, 
through Feb. 28, 2000.
    3. At 63 FR 52641, Oct. 1, 1998, Sec. 648.14 was amended by revising 
paragraph (a)(8), effective Nov. 1, 1998. For the convenience of the 
user, the superseded text is set forth as follows:

Sec. 648.14  Prohibitions.

    (a) * * *
    (8) Assault, resist, oppose, impede, harass, intimidate, interfere 
with or bar by command, impediment, threat, or coercion either a NMFS-
approved observer, sea sampler, or other NMFS-authorized employee aboard 
a vessel or in a dealer/processor establishment, conducting his or her 
duties aboard a vessel or in a dealer/processor establishment, or an 
authorized officer conducting any search, inspection, investigation, or 
seizure in connection with enforcement of this part.

                                * * * * *



Sec. 648.15  Facilitation of enforcement.

    (a) General. See Sec. 600.504 of this chapter.
    (b) Special notification requirements applicable to surf clam and 
ocean quahog vessel owners and operators. (1) Vessel owners or operators 
are required to call the NMFS Office of Law Enforcement nearest to the 
point of offloading (contact the Regional Administrator for locations 
and phone numbers) and accurately provide the following information 
prior to the departure of their vessel from the dock to fish for surf 
clams or ocean quahogs in the EEZ: Name of

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the vessel; NMFS permit number assigned to the vessel; expected date and 
time of departure from port; whether the trip will be directed on surf 
clams or ocean quahogs; expected date, time, and location of landing; 
and name of the individual providing notice.
    (2) Owners or operators that have given notification of a fishing 
trip under this paragraph (b) who decide to cancel or postpone the trip 
prior to departure must immediately provide notice of cancellation by 
telephone to the Office of Law Enforcement to which the original 
notification was provided. A separate notification shall be provided for 
the next fishing trip. Owners or operators that discontinue a fishing 
trip in the EEZ must immediately provide notice of discontinuance by 
telephone to the Office of Law Enforcement to which the original 
notification was provided. The owner or operator providing notice of 
discontinuance shall advise of any changes in landing time or port of 
landing. The owner or operator discontinuing a fishing trip in the EEZ 
must return to port and offload any surf clams or ocean quahogs prior to 
commencing fishing operations in the waters under the jurisdiction of 
any state.
    (3) The vessel permits, the vessel, its gear, and catch shall be 
subject to inspection upon request by an authorized officer.
    (4) Suspension of notification requirements. The Regional 
Administrator may suspend notification requirements for vessels fishing 
under a Maine mahogany quahog permit issued pursuant to 
Sec. 648.4(a)(4)(i) if he determines that such notification is not 
necessary to enforce effectively the management measures in the Maine 
mahogany quahog zone. The Regional Administrator may rescind such 
suspension if he concludes that the original determination is no longer 
valid. A suspension or recision of suspension of the notification 
requirements by the Regional Administrator shall be published in the 
Federal Register.
    (c) Radio hails. Permit holders, while underway, must be alert for 
communication conveying enforcement instructions and immediately answer 
via VHF-FM radio, channel 16 when hailed by an authorized officer. 
Vessels not required to have VHF-FM radios by the Coast Guard are exempt 
from this requirement.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14648, Mar. 27, 1997; 63 
FR 27485, May 19, 1998]



Sec. 648.16  Penalties.

    See Sec. 600.735.



Sec. 648.17  Exemptions for vessels fishing in the NAFO Regulatory Area for Multispecies vessels.

    A vessel issued a valid High Seas Fishing Compliance permit under 50 
CFR part 300 is exempt from multispecies permit, mesh size, effort-
control, and possession limit restrictions, specified in Secs. 648.4, 
648.80, 648.82 and Sec. 648.86, respectively, while transiting the EEZ 
with multispecies on board the vessel, or landing multispecies in U.S. 
ports that were caught while fishing in the NAFO Regulatory Area, 
provided:
    (a) The vessel operator has a letter of authorization issued by the 
Regional Administrator on board the vessel;
    (b) For the duration of the trip, the vessel fishes, except for 
transiting purposes, exclusively in the NAFO Regulatory Area and does 
not harvest fish in, or possess fish harvested in, or from, the EEZ;
    (c) When transiting the EEZ, all gear is properly stowed in 
accordance with one of the applicable methods specified in 
Sec. 648.81(e); and
    (d) The vessel operator complies with the High Seas Fishing 
Compliance permit and all NAFO conservation and enforcement measures 
while fishing in the NAFO Regulatory Area.

[63 FR 11595, Mar. 10, 1998]



  Subpart B--Management Measures for the Atlantic Mackerel, Squid, and 
                          Butterfish Fisheries



Sec. 648.20  Maximum optimum yield (OYs).

    The OYs specified pursuant to Sec. 648.21 during a fishing year may 
not exceed the following amounts:
    (a) Mackerel--that quantity of mackerel that is less than or equal 
to the allowable biological catch (ABC) in U.S. waters specified 
pursuant to Sec. 648.21.

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    (b) Loligo--the catch associated with a fishing mortality rate of 
Fmax.
    (c) Illex --the catch associated with a fishing mortality rate of 
F20.
    (d) Butterfish--the catch associated with a fishing mortality rate 
of FMSY.

[61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997]



Sec. 648.21  Procedures for determining initial annual amounts.

    (a) Initial recommended annual specifications. The Atlantic 
Mackerel, Squid, and Butterfish Monitoring Committee (Monitoring 
Committee) shall meet annually to develop and recommend the following 
specifications for consideration by the Mackerel, Squid, and Butterfish 
Committee of the MAFMC: (1) Initial OY (IOY), domestic annual harvest 
(DAH), and domestic annual processing (DAP) for the squids; (2) IOY, 
DAH, DAP, and bycatch level of the total allowable level of foreign 
fishing (TALFF), if any, for butterfish; and (3) IOY, DAH, DAP, joint 
venture processing (JVP), if any, and TALFF, if any, for mackerel. The 
Monitoring Committee may also recommend that certain ratios of TALFF, if 
any, for mackerel to purchases of domestic harvested fish and/or 
domestic processed fish be established in relation to the initial annual 
amounts.
    (b) Guidelines. As the basis for its recommendations under paragraph 
(a) of this section, the Monitoring Committee shall review available 
data pertaining to: Commercial and recreational landings, discards, 
current estimates of fishing mortality, stock status, the most recent 
estimates of recruitment, virtual population analysis results, levels of 
noncompliance by harvesters or individual states, impact of size/mesh 
regulations, results of a survey of domestic processors and joint 
venture operators of estimated mackerel processing capacity and intent 
to use that capacity, results of a survey of fishermen's trade 
associations of estimated mackerel harvesting capacity and intent to use 
that capacity, and any other relevant information. The specifications 
recommended pursuant to paragraph (a) of this section must be consistent 
with the following:
    (1) Squid. (i) The ABC for any fishing year must be either the 
maximum OY specified in Sec. 648.20, or a lower amount, if stock 
assessments indicate that the potential yield is less than the maximum 
OY.
    (ii) IOY is a modification of ABC based on social and economic 
factors.
    (2) Mackerel. (i) Mackerel ABC must be calculated from the formula 
ABC = S - C - T, where C is the estimated catch of mackerel in Canadian 
waters for the upcoming fishing year; S is the mackerel spawning stock 
size at the beginning of the year for which quotas are specified; and T, 
which must be equal to or greater than 900,000 mt (1,984,050,000 lb), is 
the spawning stock size that must be maintained in the year following 
the year for which quotas are specified.
    (ii) IOY is a modification of ABC, based on social and economic 
factors, and must be less than or equal to ABC.
    (iii) IOY is composed of DAH and TALFF. DAH, DAP, and JVP must be 
projected by reviewing data from sources specified in paragraph (a) of 
this section and other relevant data, including past domestic landings, 
projected amounts of mackerel necessary for domestic processing and for 
joint ventures during the fishing year, projected recreational landings, 
and other data pertinent for such a projection. The JVP component of DAH 
is the portion of DAH that domestic processors either cannot or will not 
use. In addition, IOY is based on the criteria set forth in the Magnuson 
Act, specifically section 201(e), and on the following economic factors:
    (A) Total world export potential by mackerel producing countries.
    (B) Total world import demand by mackerel consuming countries.
    (C) U.S. export potential based on expected U.S. harvests, expected 
U.S. consumption, relative prices, exchange rates, and foreign trade 
barriers.
    (D) Increased/decreased revenues to the United States from foreign 
fees.
    (E) Increased/decreased revenues to U.S. harvesters (with/without 
joint ventures).
    (F) Increased/decreased revenues to U.S. processors and exporters.
    (G) Increases/decreases in U.S. harvesting productivity due to 
decreases/increases in foreign harvest.

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    (H) Increases/decreases in U.S. processing productivity.
    (I) Potential impact of increased/decreased TALFF on foreign 
purchases of U.S. products and services and U.S.-caught fish, changes in 
trade barriers, technology transfer, and other considerations.
    (3) Butterfish. (i) If the Monitoring Committee's review indicates 
that the stock cannot support a level of harvest equal to the maximum 
OY, the Monitoring Committee shall recommend establishing an ABC less 
than the maximum OY for the fishing year. This level represents the 
modification of maximum OY to reflect biological and ecological factors. 
If the stock is able to support a harvest level equivalent to the 
maximum OY, the ABC must be set at that level.
    (ii) IOY is a modification of ABC based on social and economic 
factors. The IOY is composed of a DAH and bycatch TALFF that is equal to 
0.08 percent of the allocated portion of the mackerel TALFF.
    (c) Recommended measures. Based on the review of the data described 
in paragraph (a) of this section, the Monitoring Committee will 
recommend to the Squid, Mackerel, and Butterfish Committee the measures 
it determines are necessary to assure that the specifications are not 
exceeded from the following measures:
    (1) Commercial quotas.
    (2) The amount of Loligo and butterfish that may be retained, 
possessed and landed by vessels issued the incidental catch permit 
specified in Sec. 648.4(a)(5).
    (3) Commercial minimum fish sizes.
    (4) Commercial trip limits.
    (5) Commercial seasonal quotas/closures for Loligo and Illex.
    (6) Minimum mesh sizes.
    (7) Commercial gear restrictions.
    (8) Recreational harvest limit.
    (9) Recreational minimum fish size.
    (10) Recreational possession limits.
    (11) Recreational season.
    (d) Annual fishing measures. (1) The Squid, Mackerel, and Butterfish 
Committee shall review the recommendations of the Monitoring Committee. 
Based on these recommendations and any public comment received thereon, 
the Squid, Mackerel, and Butterfish Committee shall recommend to the 
MAFMC appropriate specifications and any measures necessary to assure 
that the specifications will not be exceeded. The MAFMC shall review 
these recommendations and based on the recommendations and any public 
comment received thereon, the MAFMC shall recommend to the Regional 
Administrator appropriate specifications and any measures necessary to 
assure that the specifications will not be exceeded. The MAFMC's 
recommendations must include supporting documentation, as appropriate, 
concerning the environmental, economic, and social impacts of the 
recommendations. The Regional Administrator shall review the 
recommendations, and on or about November 1 of each year, shall publish 
notification in the Federal Register proposing specifications and any 
measures necessary to assure that the specifications will not be 
exceeded and providing a 30-day public comment period. If the proposed 
specifications differ from those recommended by the MAFMC, the reasons 
for any differences shall be clearly stated and the revised 
specifications must satisfy the criteria set forth in this section. The 
MAFMC's recommendations shall be available for inspection at the office 
of the Regional Administrator during the public comment period.
    (2) On or about December 15 of each year, the Assistant 
Administrator will make a final determination concerning the 
specifications for each species and any measures necessary to assure 
that the specifications will not be exceeded contained in the Federal 
Register notification. After the Assistant Administrator considers all 
relevant data and any public comments, notification of the final 
specifications and any measures necessary to assure that the 
specifications will not be exceeded and responses to the public comments 
will be published in the Federal Register. If the final specification 
amounts differ from those recommended by the MAFMC, the reason(s) for 
the difference(s) must be clearly stated and the revised specifications 
must be consistent with the criteria set forth in paragraph (b) of this 
section.
    (e) Inseason adjustments. The specifications established pursuant to 
this

[[Page 249]]

section may be adjusted by the Regional Administrator, in consultation 
with the MAFMC, during the fishing year by publishing notification in 
the Federal Register stating the reasons for such an action and 
providing a 30-day comment public comment period.

[61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997]



Sec. 648.22  Closure of the fishery.

    (a) General. The Assistant Administrator shall close the directed 
mac