CODE OF FEDERAL REGULATIONS50 Wildlife and Fisheries 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

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the Office of the Federal Register

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Administration

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 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

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. 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.

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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.

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 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.

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

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

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 Raymond A. Mosley, Director, Office of the Federal Register. October 1, 1998. 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.

CFRORDR.FRM 50 CFR Ch. VI (10-1-98 Edition) Fishery Conservation and Management <CHAPTER> <PART> <PRTPAGE P="5"/> <EAR>Pt. 600</EAR> <HD SOURCE="HED">PART 600—MAGNUSON-STEVENS ACT PROVISIONS</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECHD>Sec.</SECHD> <SECTNO>600.5</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <SECTNO>600.10</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>600.15</SECTNO> <SUBJECT>Other acronyms.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Regional Fishery Management Councils</HD> <SECTNO>600.105</SECTNO> <SUBJECT>Intercouncil boundaries.</SUBJECT> <SECTNO>600.110</SECTNO> <SUBJECT>Intercouncil fisheries.</SUBJECT> <SECTNO>600.115</SECTNO> <SUBJECT>Statement of organization, practices, and procedures (SOPP).</SUBJECT> <SECTNO>600.120</SECTNO> <SUBJECT>Employment practices.</SUBJECT> <SECTNO>600.125</SECTNO> <SUBJECT>Budgeting, funding, and accounting.</SUBJECT> <SECTNO>600.130</SECTNO> <SUBJECT>Protection of confidentiality of statistics.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Council Membership</HD> <SECTNO>600.205</SECTNO> <SUBJECT>Principal state officials and their designees.</SUBJECT> <SECTNO>600.210</SECTNO> <SUBJECT>Terms of Council members.</SUBJECT> <SECTNO>600.215</SECTNO> <SUBJECT>Appointments.</SUBJECT> <SECTNO>600.220</SECTNO> <SUBJECT>Oath of office.</SUBJECT> <SECTNO>600.225</SECTNO> <SUBJECT>Rules of conduct.</SUBJECT> <SECTNO>600.230</SECTNO> <SUBJECT>Removal.</SUBJECT> <SECTNO>600.235</SECTNO> <SUBJECT>Financial disclosure.</SUBJECT> <SECTNO>600.240</SECTNO> <SUBJECT>Security assurances.</SUBJECT> <SECTNO>600.245</SECTNO> <SUBJECT>Council member compensation.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—National Standards</HD> <SECTNO>600.305</SECTNO> <SUBJECT>General.</SUBJECT> <SECTNO>600.310</SECTNO> <SUBJECT>National Standard 1—Optimum Yield.</SUBJECT> <SECTNO>600.315</SECTNO> <SUBJECT>National Standard 2—Scientific Information.</SUBJECT> <SECTNO>600.320</SECTNO> <SUBJECT>National Standard 3—Management Units.</SUBJECT> <SECTNO>600.325</SECTNO> <SUBJECT>National Standard 4—Allocations.</SUBJECT> <SECTNO>600.330</SECTNO> <SUBJECT>National Standard 5—Efficiency.</SUBJECT> <SECTNO>600.335</SECTNO> <SUBJECT>National Standard 6—Variations and Contingencies.</SUBJECT> <SECTNO>600.340</SECTNO> <SUBJECT>National Standard 7—Costs and Benefits.</SUBJECT> <SECTNO>600.345</SECTNO> <SUBJECT>National Standard 8—Communities.</SUBJECT> <SECTNO>600.350</SECTNO> <SUBJECT>National Standard 9—Bycatch.</SUBJECT> <SECTNO>600.355</SECTNO> <SUBJECT>National Standard 10—Safety of Life at Sea.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Confidentiality of Statistics</HD> <SECTNO>600.405</SECTNO> <SUBJECT>Types of statistics covered.</SUBJECT> <SECTNO>600.410</SECTNO> <SUBJECT>Collection and maintenance of statistics.</SUBJECT> <SECTNO>600.415</SECTNO> <SUBJECT>Access to statistics.</SUBJECT> <SECTNO>600.420</SECTNO> <SUBJECT>Control system.</SUBJECT> <SECTNO>600.425</SECTNO> <SUBJECT>Release of statistics.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Foreign Fishing</HD> <SECTNO>600.501</SECTNO> <SUBJECT>Vessel permits.</SUBJECT> <SECTNO>600.502</SECTNO> <SUBJECT>Vessel reports.</SUBJECT> <SECTNO>600.503</SECTNO> <SUBJECT>Vessel and gear identification.</SUBJECT> <SECTNO>600.504</SECTNO> <SUBJECT>Facilitation of enforcement.</SUBJECT> <SECTNO>600.505</SECTNO> <SUBJECT>Prohibitions.</SUBJECT> <SECTNO>600.506</SECTNO> <SUBJECT>Observers.</SUBJECT> <SECTNO>600.507</SECTNO> <SUBJECT>Recordkeeping.</SUBJECT> <SECTNO>600.508</SECTNO> <SUBJECT>Fishing operations.</SUBJECT> <SECTNO>600.509</SECTNO> <SUBJECT>Prohibited species.</SUBJECT> <SECTNO>600.510</SECTNO> <SUBJECT>Gear avoidance and disposal.</SUBJECT> <SECTNO>600.511</SECTNO> <SUBJECT>Fishery closure procedures.</SUBJECT> <SECTNO>600.512</SECTNO> <SUBJECT>Scientific research.</SUBJECT> <SECTNO>600.513</SECTNO> <SUBJECT>Recreational fishing.</SUBJECT> <SECTNO>600.514</SECTNO> <SUBJECT>Relation to other laws.</SUBJECT> <SECTNO>600.515</SECTNO> <SUBJECT>Interpretation of 16 U.S.C. 1857(4).</SUBJECT> <SECTNO>600.516</SECTNO> <SUBJECT>Total allowable level of foreign fishing (TALFF).</SUBJECT> <SECTNO>600.517</SECTNO> <SUBJECT>Allocations.</SUBJECT> <SECTNO>600.518</SECTNO> <SUBJECT>Fee schedule for foreign fishing.</SUBJECT> <SECTNO>600.520</SECTNO> <SUBJECT>Northwest Atlantic Ocean fishery.</SUBJECT> <SECTNO>600.525</SECTNO> <SUBJECT>Atlantic herring fishery.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Preemption of State Authority Under Section 306(b)</HD> <SECTNO>600.605</SECTNO> <SUBJECT>General policy.</SUBJECT> <SECTNO>600.610</SECTNO> <SUBJECT>Factual findings for Federal preemption.</SUBJECT> <SECTNO>600.615</SECTNO> <SUBJECT>Commencement of proceedings.</SUBJECT> <SECTNO>600.620</SECTNO> <SUBJECT>Rules pertaining to the hearing.</SUBJECT> <SECTNO>600.625</SECTNO> <SUBJECT>Secretary's decision.</SUBJECT> <SECTNO>600.630</SECTNO> <SUBJECT>Application for reinstatement of state authority.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—General Provisions for Domestic Fisheries</HD> <SECTNO>600.705</SECTNO> <SUBJECT>Relation to other laws.</SUBJECT> <SECTNO>600.710</SECTNO> <SUBJECT>Permits.</SUBJECT> <SECTNO>600.715</SECTNO> <SUBJECT>Recordkeeping and reporting.</SUBJECT> <SECTNO>600.720</SECTNO> <SUBJECT>Vessel and gear identification.</SUBJECT> <SECTNO>600.725</SECTNO> <SUBJECT>General prohibitions.</SUBJECT> <SECTNO>600.730</SECTNO> <SUBJECT>Facilitation of enforcement.</SUBJECT> <SECTNO>600.735</SECTNO> <SUBJECT>Penalties.</SUBJECT> <SECTNO>600.740</SECTNO> <SUBJECT>Enforcement policy.</SUBJECT> <SECTNO>600.745</SECTNO> <SUBJECT>Scientific research activity, exempted fishing, and exempted educational activity.</SUBJECT> <SECTNO>600.746</SECTNO> <SUBJECT>Observers.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Fishery Negotiation Panels</HD> <SECTNO>600.750</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>600.751</SECTNO> <SUBJECT>Determination of need for a fishery negotiation panel.</SUBJECT> <SECTNO>600.752</SECTNO> <SUBJECT>Use of conveners and facilitators.</SUBJECT> <SECTNO>600.753</SECTNO> <SUBJECT>Notice of intent to establish a fishery negotiation panel.</SUBJECT> <SECTNO>600.754</SECTNO> <SUBJECT>Decision to establish a fishery negotiation panel.</SUBJECT> <SECTNO>600.755</SECTNO> <SUBJECT>Establishment of a fishery negotiation panel.</SUBJECT> <SECTNO>600.756</SECTNO> <SUBJECT>Conduct and operation of a fishery negotiation panel.</SUBJECT> <SECTNO>600.757</SECTNO> <SUBJECT>Operational protocols.</SUBJECT> <SECTNO>600.758</SECTNO> <SUBJECT>Preparation of report.</SUBJECT> <SECTNO>600.759</SECTNO> <SUBJECT>Use of report.</SUBJECT> <SECTNO>600.760</SECTNO> <SUBJECT>Fishery Negotiation Panel lifetime.</SUBJECT> </SUBPART> <SUBPART> <PRTPAGE P="6"/> <HD SOURCE="HED">Subpart J—Essential Fish Habitat (EFH)</HD> <SECTNO>600.805</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <SECTNO>600.810</SECTNO> <SUBJECT>Definitions and word usage.</SUBJECT> <SECTNO>600.815</SECTNO> <SUBJECT>Contents of Fishery Management Plans.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—EFH Coordination, Consultation, and Recommendations</HD> <SECTNO>600.905</SECTNO> <SUBJECT>Purpose, scope, and NMFS/Council cooperation.</SUBJECT> <SECTNO>600.910</SECTNO> <SUBJECT>Definitions and word usage.</SUBJECT> <SECTNO>600.915</SECTNO> <SUBJECT>Coordination for the conservation and enhancement of EFH.</SUBJECT> <SECTNO>600.920</SECTNO> <SUBJECT>Federal agency consultation with the Secretary.</SUBJECT> <SECTNO>600.925</SECTNO> <SUBJECT>NMFS EFH conservation recommendations to Federal and state agencies.</SUBJECT> <SECTNO>600.930</SECTNO> <SUBJECT>Council comments and recommendations to Federal and state agencies.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>5 U.S.C. 561 and 16 U.S.C. 1801 <E T="03">et seq.</E> </P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>61 FR 32540, June 24, 1996, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General</HD> <SECTION> <SECTNO>§ 600.5</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <P>(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.</P> <P>(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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.10</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>Unless defined otherwise in other parts of Chapter VI, the terms in this chapter have the following meanings:</P> <P> <E T="03">Administrator</E> means the Administrator of NOAA (Under Secretary of Commerce for Oceans and Atmosphere) or a designee.</P> <P> <E T="03">Advisory group</E> 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.</P> <P> <E T="03">Agent,</E> 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.</P> <P> <E T="03">Aggregate or summary form</E> 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.</P> <P> <E T="03">Allocated species</E> means any species or species group allocated to a foreign nation under § 600.517 for catching by vessels of that Nation.</P> <P> <E T="03">Allocation</E> means direct and deliberate distribution of the opportunity to participate in a fishery among identifiable, discrete user groups or individuals.</P> <P> <E T="03">Anadromous species</E> means species of fish that spawn in fresh or estuarine waters of the United States and that migrate to ocean waters.</P> <P> <E T="03">Area of custody</E> means any vessel, building, vehicle, live car, pound, pier or dock facility where fish might be found.</P> <P> <E T="03">Assistant Administrator</E> means the Assistant Administrator for Fisheries, NOAA, or a designee.</P> <P> <E T="03">Authorized officer</E> means:</P> <P>(1) Any commissioned, warrant, or petty officer of the USCG;</P> <P>(2) Any special agent or fishery enforcement officer of NMFS;</P> <P>(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</P> <P>(4) Any USCG personnel accompanying and acting under the direction of <PRTPAGE P="7"/>any person described in paragraph (1) of this definition.</P> <P> <E T="03">Authorized species</E> 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 § 600.501(c).</P> <P> <E T="03">Catch, take,</E> or <E T="03">harvest</E> includes, but is not limited to, any activity that results in killing any fish or bringing any live fish on board a vessel.</P> <P> <E T="03">Center</E> means one of the five NMFS Fisheries Science Centers.</P> <P> <E T="03">Coast Guard Commander</E> means one of the commanding officers of the Coast Guard units specified in Table 1 of § 600.502, or a designee.</P> <P> <E T="03">Codend</E> means the terminal, closed end of a trawl net.</P> <P> <E T="03">Confidential statistics</E> are those submitted as a requirement of an FMP and that reveal the business or identity of the submitter.</P> <P> <E T="03">Continental shelf fishery resources</E> means the species listed under section 3(7) of the Magnuson-Stevens Act.</P> <P> <E T="03">Council</E> means one of the eight Regional Fishery Management Councils established by the Magnuson-Stevens Act.</P> <P> <E T="03">Data, statistics,</E> and <E T="03">information</E> are used interchangeably.</P> <P> <E T="03">Dealer</E> means the person who first receives fish by way of purchase, barter, or trade.</P> <P> <E T="03">Designated representative</E> 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.</P> <P> <E T="03">Directed fishing,</E> 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 § 600.517.</P> <P> <E T="03">Director</E> means the Director of the Office of Sustainable Fisheries, 1315 East-West Highway, Silver Spring, MD 20910.</P> <P> <E T="03">Discard</E> means to release or return fish to the sea, whether or not such fish are brought fully on board a fishing vessel.</P> <P> <E T="03">Drift gillnet</E> means a gillnet that is unattached to the ocean bottom, whether or not attached to a vessel.</P> <P> <E T="03">Essential fish habitat</E> (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: <E T="03">Waters</E> 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; <E T="03">substrate</E> includes sediment, hard bottom, structures underlying the waters, and associated biological communities; <E T="03">necessary</E> 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.</P> <P> <E T="03">Exclusive economic zone (EEZ)</E> 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.</P> <P> <E T="03">Exempted educational activity</E> 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.</P> <P> <E T="03">Exempted or experimental fishing</E> 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.</P> <P> <E T="03">Fish</E> means:</P> <P>(1) When used as a noun, means any finfish, mollusk, crustacean, or parts thereof, and all other forms of marine <PRTPAGE P="8"/>animal and plant life other than marine mammals and birds.</P> <P>(2) When used as a verb, means to engage in “fishing,” as defined below.</P> <P> <E T="03">Fishery</E> means:</P> <P>(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</P> <P>(2) Any fishing for such stocks.</P> <P> <E T="03">Fishery management unit (FMU)</E> 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.</P> <P> <E T="03">Fishery resource</E> means any fish, any stock of fish, any species of fish, and any habitat of fish.</P> <P> <E T="03">Fishing,</E> or <E T="03">to fish</E> means any activity, other than scientific research conducted by a scientific research vessel, that involves:</P> <P>(1) The catching, taking, or harvesting of fish;</P> <P>(2) The attempted catching, taking, or harvesting of fish;</P> <P>(3) Any other activity that can reasonably be expected to result in the catching, taking, or harvesting of fish; or</P> <P>(4) Any operations at sea in support of, or in preparation for, any activity described in paragraphs (1), (2), or (3) of this definition.</P> <P> <E T="03">Fishing vessel</E> 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:</P> <P>(1) Fishing; or</P> <P>(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.</P> <P> <E T="03">Foreign fishing</E> means fishing by a foreign fishing vessel.</P> <P> <E T="03">Foreign fishing vessel (FFV)</E> 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.</P> <P> <E T="03">Gear conflict</E> means any incident at sea involving one or more fishing vessels:</P> <P>(1) In which one fishing vessel or its gear comes into contact with another vessel or the gear of another vessel; and</P> <P>(2) That results in the loss of, or damage to, a fishing vessel, fishing gear, or catch.</P> <P> <E T="03">Gillnet</E> 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.</P> <P> <E T="03">Governing International Fishery Agreement (GIFA)</E> means an agreement between the United States and a foreign nation or Nations under section 201(c) of the Magnuson-Stevens Act.</P> <P> <E T="03">Grants Officer</E> 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.</P> <P> <E T="03">Greenwich mean time (GMT)</E> means the local mean time at Greenwich, England. All times in this part are GMT unless otherwise specified.</P> <P> <E T="03">Handgear</E> means handline, harpoon, or rod and reel.</P> <P> <E T="03">Harass</E> means to unreasonably interfere with an individual's work performance, or to engage in conduct that creates an intimidating, hostile, or offensive environment.</P> <P> <E T="03">Harpoon</E> or <E T="03">harpoon gear</E> 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.</P> <P> <E T="03">Industry</E> means both recreational and commercial fishing, and includes the harvesting, processing, and marketing sectors.</P> <P> <E T="03">International radio call sign (IRCS)</E> means the unique radio identifier assigned a vessel by the appropriate authority of the flag state.</P> <P> <E T="03">Joint venture</E> 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 <PRTPAGE P="9"/>conducting associated support activities.)</P> <P> <E T="03">Magnuson-Stevens Act</E> means the Magnuson-Stevens Fishery Conservation and Management Act, as amended (16 U.S.C. 1801 <E T="03">et seq.</E>), formerly known as the Magnuson Act.</P> <P> <E T="03">Metric ton (mt)</E> means 1,000 kg (2,204.6 lb).</P> <P> <E T="03">nm</E> means nautical mile (6,076 ft (1,852 m)).</P> <P> <E T="03">Official number</E> means the documentation number issued by the USCG or the certificate number issued by a state or by the USCG for an undocumented vessel.</P> <P> <E T="03">Operator,</E> with respect to any vessel, means the master or other individual aboard and in charge of that vessel.</P> <P> <E T="03">Optimum yield (OY)</E> means the amount of fish that:</P> <P>(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;</P> <P>(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</P> <P>(3) In the case of an overfished fishery, provides for rebuilding to a level consistent with producing the maximum sustainable yield in such fishery.</P> <P> <E T="03">Owner,</E> with respect to any vessel, means:</P> <P>(1) Any person who owns that vessel in whole or in part;</P> <P>(2) Any charterer of the vessel, whether bareboat, time, or voyage;</P> <P>(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</P> <P>(4) Any agent designated as such by a person described in paragraph (1), (2), or (3) of this definition.</P> <P> <E T="03">Plan Team</E> 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.</P> <P> <E T="03">Predominately</E> 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.</P> <P> <E T="03">Processing,</E> 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.</P> <P> <E T="03">Product recovery rate (PRR)</E> 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.</P> <P> <E T="03">Prohibited species,</E> 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.</P> <P> <E T="03">Recreational fishing,</E> 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 § 600.513).</P> <P> <E T="03">Retain on board</E> means to fail to return fish to the sea after a reasonable opportunity to sort the catch.</P> <P> <E T="03">Region</E> 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.</P> <P> <E T="03">Regional Administrator</E> means the Administrator of one of the five NMFS Regions described in Table 1 of § 600.502, or a designee. Formerly known as Regional Director.</P> <P> <E T="03">Regional Program Officer</E> means the NMFS official designated in the terms <PRTPAGE P="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.</P> <P> <E T="03">Round weight</E> means the weight of the whole fish before processing or removal of any part.</P> <P> <E T="03">Secretary</E> means the Secretary of Commerce or a designee.</P> <P> <E T="03">Science and Research Director</E> means the Director of one of the five NMFS Fisheries Science Centers described in Table 1 of § 600.502 of this part, or a designee, also known as Center Director.</P> <P> <E T="03">Scientific cruise</E> 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.</P> <P> <E T="03">Scientific research activity</E> 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.</P> <P> <E T="03">Scientific research plan</E> 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:</P> <P>(1) A description of the nature and objectives of the project, including the hypothesis or hypotheses to be tested.</P> <P>(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.</P> <P>(3) The geographical area(s) in which the project is to be conducted.</P> <P>(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.</P> <P>(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.</P> <P>(6) The name, address, and telephone/telex/fax number of the sponsoring organization and its director.</P> <P>(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.</P> <P>(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.</P> <P> <E T="03">Scientific research vessel</E> means a vessel owned or chartered by, and controlled by, a foreign government agency, U.S. Government agency (including NOAA or institutions designated as <PRTPAGE P="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.</P> <P> <E T="03">Scouting</E> 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.</P> <P> <E T="03">State</E> 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.</P> <P> <E T="03">State employee</E> means any employee of the state agency responsible for developing and monitoring the state's program for marine and/or anadromous fisheries.</P> <P> <E T="03">Statement of Organization, Practices, and Procedures (SOPP)</E> means a statement by each Council describing its organization, practices, and procedures as required under section 302(f)(6) of the Magnuson-Stevens Act.</P> <P> <E T="03">Stock assessment</E> 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.</P> <P> <E T="03">Stock Assessment and Fishery Evaluation (SAFE)</E> 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.</P> <P> <E T="03">Substantially (affects)</E> 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:</P> <P>(1) The achievement of the FMP's goals or objectives for the fishery;</P> <P>(2) The achievement of OY from the fishery on a continuing basis;</P> <P>(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</P> <P>(4) The enforcement of regulations implementing the FMP.</P> <P> <E T="03">Support</E> 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.</P> <P> <E T="03">Total length (TL)</E> 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.</P> <P> <E T="03">Transship</E> means offloading and onloading or otherwise transferring fish or fish products and/or transporting fish or products made from fish.</P> <P> <E T="03">Trawl</E> means a cone or funnel-shaped net that is towed through the water by one or more vessels.<PRTPAGE P="12"/> </P> <P> <E T="03">U.S. observer</E> or <E T="03">observer</E> 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.</P> <P> <E T="03">Vessel of the United States or U.S. vessel</E> means:</P> <P>(1) Any vessel documented under chapter 121 of title 46, United States Code;</P> <P>(2) Any vessel numbered under chapter 123 of title 46, United States Code, and measuring less than 5 net tons;</P> <P>(3) Any vessel numbered under chapter 123 of title 46, United States Code, and used exclusively for pleasure; or</P> <P>(4) Any vessel not equipped with propulsion machinery of any kind and used exclusively for pleasure.</P> <CITA>[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 ]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.15</SECTNO> <SUBJECT>Other acronyms.</SUBJECT> <P>(a) <E T="03">Fishery management terms.</E> (1) ABC—acceptable biological catch</P> <P>(2) DAH—estimated domestic annual harvest</P> <P>(3) DAP—estimated domestic annual processing</P> <P>(4) EIS—environmental impact statement</P> <P>(5) EY—equilibrium yield</P> <P>(6) FMP—fishery management plan</P> <P>(7) JVP—joint venture processing</P> <P>(8) MSY—maximum sustainable yield</P> <P>(9) PMP—preliminary FMP</P> <P>(10) TAC—total allowable catch</P> <P>(11) TALFF—total allowable level of foreign fishing</P> <P>(b) <E T="03">Legislation.</E> (1) APA—Administrative Procedure Act</P> <P>(2) CZMA—Coastal Zone Management Act</P> <P>(3) ESA—Endangered Species Act</P> <P>(4) FACA—Federal Advisory Committee Act</P> <P>(5) FOIA—Freedom of Information Act</P> <P>(6) FLSA—Fair Labor Standards Act</P> <P>(7) MMPA—Marine Mammal Protection Act</P> <P>(8) MPRSA—Marine Protection, Research, and Sanctuaries Act</P> <P>(9) NEPA—National Environmental Policy Act</P> <P>(10) PA—Privacy Act</P> <P>(11) PRA—Paperwork Reduction Act</P> <P>(12) RFA—Regulatory Flexibility Act</P> <P>(c) <E T="03">Federal agencies.</E> (1) CEQ—Council on Environmental Quality</P> <P>(2) DOC—Department of Commerce</P> <P>(3) DOI—Department of the Interior</P> <P>(4) DOS—Department of State</P> <P>(5) EPA—Environmental Protection Agency</P> <P>(6) FWS—Fish and Wildlife Service</P> <P>(7) GSA—General Services Administration</P> <P>(8) NMFS—National Marine Fisheries Service</P> <P>(9) NOAA—National Oceanic and Atmospheric Administration</P> <P>(10) OMB—Office of Management and Budget</P> <P>(11) OPM—Office of Personnel Management</P> <P>(12) SBA—Small Business Administration</P> <P>(13) USCG—United States Coast Guard</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Regional Fishery Management Councils</HD> <SECTION> <SECTNO>§ 600.105</SECTNO> <SUBJECT>Intercouncil boundaries.</SUBJECT> <P>(a) <E T="03">New England and Mid-Atlantic Councils.</E> The boundary begins at the intersection point of Connecticut, Rhode Island, and New York at 41°18′16.249″ N. lat. and 71°54′28.477″ W. long. and proceeds south 37°22′32.75″ East to the point of intersection with the outward boundary of the EEZ as specified in the Magnuson-Stevens Act.</P> <P>(b) <E T="03">Mid-Atlantic and South Atlantic Councils.</E> The boundary begins at the seaward boundary between the States of Virginia and North Carolina (36°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.</P> <P>(c) <E T="03">South Atlantic and Gulf of Mexico Councils.</E> 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°00′ W. long., proceeds northward along that meridian to 24°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 <PRTPAGE P="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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.110</SECTNO> <SUBJECT>Intercouncil fisheries.</SUBJECT> <P>If any fishery extends beyond the geographical area of authority of any one Council, the Secretary may—</P> <P>(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</P> <P>(b) Require that the FMP and any amendments be prepared jointly by all the Councils concerned.</P> <P>(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).</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 600.115</SECTNO> <SUBJECT>Statement of organization, practices, and procedures (SOPP).</SUBJECT> <P>(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.</P> <P>(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 <E T="04">Federal Register</E>, including an address where the public may write to request copies.</P> <P>(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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.120</SECTNO> <SUBJECT>Employment practices.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 600.125</SECTNO> <SUBJECT>Budgeting, funding, and accounting.</SUBJECT> <P>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.)</P> </SECTION> <SECTION> <SECTNO>§ 600.130</SECTNO> <SUBJECT>Protection of confidentiality of statistics.</SUBJECT> <P>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 § 600.405):<PRTPAGE P="14"/> </P> <P>(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.</P> <P>(b) In the case of statistics submitted to the Council by a state, the confidentiality laws and regulations of that state.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Council Membership</HD> <SECTION> <SECTNO>§ 600.205</SECTNO> <SUBJECT>Principal state officials and their designees.</SUBJECT> <P>(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.</P> <P>(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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.210</SECTNO> <SUBJECT>Terms of Council members.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.215</SECTNO> <SUBJECT>Appointments.</SUBJECT> <P>(a) <E T="03">Members appointed from Governors’ lists</E>. 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.</P> <P>(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).</P> <P>(2) A Governor must submit the names of at least three qualified nominees for each applicable vacancy.</P> <P>(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 <PRTPAGE P="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:</P> <P>(i) Commercial fishing or the processing or marketing of fish, fish products, or fishing equipment;</P> <P>(ii) Fishing for pleasure, relaxation, or consumption, or experience in any business supporting fishing;</P> <P>(iii) Leadership in a state, regional, or national organization whose members participate in a fishery in the Council's area of authority;</P> <P>(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;</P> <P>(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</P> <P>(vi) Teaching, journalism, writing, consulting, legal practice, or researching matters related to fisheries, fishery management, and marine resource conservation.</P> <P>(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.</P> <P>(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.</P> <P>(6) There are two categories of seats to which voting members are appointed: “obligatory” and “at-large.”</P> <P>(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.</P> <P>(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, <PRTPAGE P="16"/>pays income taxes to that state and/or to another appropriate jurisdiction within that state.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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).</P> <P>(v) Governors may nominate residents of another constituent state of a Council for appointment to an at-large seat on that Council.</P> <P>(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.</P> <P>(b) <E T="03">Tribal Member</E>. 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.</P> <P>(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.</P> <P>(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.</P> <P>(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.<PRTPAGE P="17"/> </P> <P>(4) Nominations must be provided to NMFS by March 15 of the year in which the term of the current tribal member expires.</P> <P>(5) The Secretary shall rotate the appointment among the tribes taking into consideration:</P> <P>(i) The qualifications of the individuals on the list referred to in paragraph (b)(1) of this section.</P> <P>(ii) The various rights of the Indian tribes involved and judicial cases that set out how those rights are to be exercised.</P> <P>(iii) The geographic area in which the tribe of the representative is located.</P> <P>(iv) No tribal representative shall serve more than three consecutive terms in the Indian tribal seat.</P> <P>(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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 62 FR 47586, Sept. 10, 1997; 63 FR 7073, 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.220</SECTNO> <SUBJECT>Oath of office.</SUBJECT> <P>Each member appointed to a Council must take an oath of office.</P> </SECTION> <SECTION> <SECTNO>§ 600.225</SECTNO> <SUBJECT>Rules of conduct.</SUBJECT> <P>(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.</P> <P>(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:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 § 600.235.</P> <P>(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.</P> <P>(6) No Council member or employee of the Council may engage in criminal, infamous, dishonest, notoriously immoral, or disgraceful conduct.</P> <P>(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.</P> <P>(8) No Council member may participate—</P> <P>(i) Personally and substantially as a member through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise in a particular matter primarily <PRTPAGE P="18"/>of individual concern, such as a contract, in which he or she has a financial interest; or</P> <P>(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 § 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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.230</SECTNO> <SUBJECT>Removal.</SUBJECT> <P>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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.235</SECTNO> <SUBJECT>Financial disclosure.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(d) Councils must retain the disclosure forms for each member for at least 5 years after the expiration of that member's last term.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.240</SECTNO> <SUBJECT>Security assurances.</SUBJECT> <P>(a) DOC/OS will issue security assurances to Council nominees and members following completion of background checks. Security assurances <PRTPAGE P="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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 600.245</SECTNO> <SUBJECT>Council member compensation.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(c) Non-government Council members receive compensation for:</P> <P>(1) Days spent in actual attendance at a meeting of the Council or jointly with another Council.</P> <P>(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.</P> <P>(3) Meetings of standing committees of the Council if approved in advance by the Chair.</P> <P>(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.</P> <P>(5) Conducting or attending hearings, when authorized in advance by the Chair.</P> <P>(6) Other meetings involving Council business when approved in advance by the Chair.</P> <P>(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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—National Standards</HD> <SECTION> <SECTNO>§ 600.305</SECTNO> <SUBJECT>General.</SUBJECT> <P>(a) <E T="03">Purpose.</E> (1) This subpart establishes guidelines, based on the national standards, to assist in the development and review of FMPs, amendments, and <PRTPAGE P="20"/>regulations prepared by the Councils and the Secretary.</P> <P>(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.</P> <P>(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.</P> <P>(b) <E T="03">Fishery management objectives.</E> (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.</P> <P>(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.</P> <P>(c) <E T="03">Word usage.</E> The word usage refers to all regulations in this subpart.</P> <P>(1) <E T="03">Must</E> 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.</P> <P>(2) <E T="03">Shall</E> is used only when quoting statutory language directly, to avoid confusion with the future tense.</P> <P>(3) <E T="03">Should</E> 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.</P> <P>(4) <E T="03">May</E> is used in a permissive sense.</P> <P>(5) <E T="03">May not</E> is proscriptive; it has the same force as “must not.”</P> <P>(6) <E T="03">Will</E> is used descriptively, as distinguished from denoting an obligation to act or the future tense.</P> <P>(7) <E T="03">Could</E> is used when giving examples, in a hypothetical, permissive sense.</P> <P>(8) <E T="03">Can</E> is used to mean “is able to,” as distinguished from “may.”</P> <P>(9) <E T="03">Examples</E> are given by way of illustration and further explanation. They are not inclusive lists; they do not limit options.</P> <P>(10) <E T="03">Analysis,</E> 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.</P> <P>(11) <E T="03">Council</E> includes the Secretary, as applicable, when preparing FMPs or amendments under section 304(c) and (g) of the Magnuson-Stevens Act.</P> <P>(12) <E T="03">Stock or stock complex</E> 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 <PRTPAGE P="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.”</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 FR 24229, May 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.310</SECTNO> <SUBJECT>National Standard 1—Optimum Yield.</SUBJECT> <P>(a) <E T="03">Standard 1</E>. Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the OY from each fishery for the U.S. fishing industry.</P> <P>(b) <E T="03">General</E>. 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.</P> <P>(c) <E T="03">MSY</E>. Each FMP should include an estimate of MSY as explained in this section.</P> <P>(1) <E T="03">Definitions</E>. (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.</P> <P>(ii) “MSY control rule” means a harvest strategy which, if implemented, would be expected to result in a long-term average catch approximating MSY.</P> <P>(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.</P> <P>(2) <E T="03">Options in specifying MSY</E>. (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.</P> <P>(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 § 600.315) and must incorporate appropriate consideration of risk (see § 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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="22"/>conditions or new scientific information.</P> <P>(3) <E T="03">Alternatives to specifying MSY</E>. 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.</P> <P>(d) <E T="03">Overfishing</E>—(1) <E T="03">Definitions</E>. (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.</P> <P>(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.</P> <P>(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.</P> <P>(2) <E T="03">Specification of status determination criteria</E>. 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:</P> <P>(i) <E T="03">A maximum fishing mortality threshold or reasonable proxy thereof</E>. 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.</P> <P>(ii) <E T="03">A minimum stock size threshold or reasonable proxy thereof</E>. 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.</P> <P>(3) <E T="03">Relationship of status determination criteria to other national standards</E>—(i) <E T="03">National standard 2</E>. Status determination criteria must be based on the best scientific information available (see § 600.315). When data are insufficient to estimate MSY, Councils should base <PRTPAGE P="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.</P> <P>(ii) <E T="03">National standard 3</E>. The requirement to manage interrelated stocks of fish as a unit or in close coordination notwithstanding (see § 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).</P> <P>(iii) <E T="03">National standard 6</E>. 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 § 600.335).</P> <P>(4) <E T="03">Relationship of status determination criteria to environmental change</E>. 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.</P> <P>(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.</P> <P>(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.</P> <P>(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).</P> <P>(5) <E T="03">Secretarial approval of status determination criteria</E>. Secretarial approval or disapproval of proposed status determination criteria will be based on consideration of whether the proposal:</P> <P>(i) Has sufficient scientific merit.</P> <P>(ii) Contains the elements described in paragraph (d)(2) of this section.</P> <P>(iii) Provides a basis for objective measurement of the status of the stock or stock complex against the criteria.</P> <P>(iv) Is operationally feasible.</P> <P>(6) <E T="03">Exceptions</E>. 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:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(e) <E T="03">Ending overfishing and rebuilding overfished stocks</E>— (1) <E T="03">Definition</E>. 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.<PRTPAGE P="24"/> </P> <P>(2) <E T="03">Notification</E>. The Secretary will immediately notify a Council and request that remedial action be taken whenever the Secretary determines that:</P> <P>(i) Overfishing is occurring;</P> <P>(ii) A stock or stock complex is overfished;</P> <P>(iii) The rate or level of fishing mortality for a stock or stock complex is approaching the maximum fishing mortality threshold;</P> <P>(iv) A stock or stock complex is approaching its minimum stock size threshold; or</P> <P>(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.</P> <P>(3) <E T="03">Council action</E>. 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:</P> <P>(i) If overfishing is occurring, the purpose of the action is to end overfishing.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(4) <E T="03">Constraints on Council action</E>. (i) In cases where overfishing is occurring, Council action must be sufficient to end overfishing.</P> <P>(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.</P> <P>(A) A number of factors enter into the specification of the time period for rebuilding:</P> <P>(<E T="03">1</E>) The status and biology of the stock or stock complex;</P> <P>(<E T="03">2</E>) Interactions between the stock or stock complex and other components of the marine ecosystem (also referred to as “other environmental conditions”);</P> <P>(<E T="03">3</E>) The needs of fishing communities;</P> <P>(<E T="03">4</E>) Recommendations by international organizations in which the United States participates; and</P> <P>(<E T="03">5</E>) Management measures under an international agreement in which the United States participates.</P> <P>(B) These factors enter into the specification of the time period for rebuilding as follows:</P> <P>(<E T="03">1</E>) 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.</P> <P>(<E T="03">2</E>) 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.</P> <P>(<E T="03">3</E>) 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 <PRTPAGE P="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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(5) <E T="03">Interim measures</E>. 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.</P> <P>(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.</P> <P>(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.</P> <P>(f) <E T="03">OY</E>—(1) <E T="03">Definitions</E>. (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.</P> <P>(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.</P> <P>(2) <E T="03">Values in determination</E>. 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.</P> <P>(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.</P> <P>(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.</P> <P>(iii) The benefits of protection afforded to marine ecosystems are those <PRTPAGE P="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.</P> <P>(3) <E T="03">Factors relevant to OY</E>. 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.</P> <P>(i) <E T="03">Social factors</E>. 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.</P> <P>(ii) <E T="03">Economic factors</E>. 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.</P> <P>(iii) <E T="03">Ecological factors</E>. 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.</P> <P>(4) <E T="03">Specification</E>. (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.</P> <P>(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.</P> <P>(iii) All fishing mortality must be counted against OY, including that resulting from bycatch, scientific research, and any other fishing activities.</P> <P>(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.</P> <P>(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 <PRTPAGE P="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).</P> <P>(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.</P> <P>(5) <E T="03">OY and the precautionary approach</E>. In general, Councils should adopt a precautionary approach to specification of OY. A precautionary approach is characterized by three features:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(6) <E T="03">Analysis</E>. 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.</P> <P>(7) <E T="03">OY and foreign fishing</E>. Section 201(d) of the Magnuson-Stevens Act <PRTPAGE P="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.</P> <P>(i) <E T="03">DAH</E>. 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.</P> <P>(ii) <E T="03">DAP</E>. 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).</P> <P>(iii) <E T="03">JVP</E>. When DAH exceeds DAP, the surplus is available for JVP. JVP is derived from DAH.</P> <CITA>[63 FR 24229, May 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.315</SECTNO> <SUBJECT>National Standard 2—Scientific Information.</SUBJECT> <P>(a) <E T="03">Standard 2.</E> Conservation and management measures shall be based upon the best scientific information available.</P> <P>(b) <E T="03">FMP development.</E> The fact that scientific information concerning a fishery is incomplete does not prevent the preparation and implementation of an FMP (see related §§ 600.320(d)(2) and 600.340(b).</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">FMP implementation.</E> (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.</P> <P>(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).</P> <P>(3) The information submitted by various data suppliers should be comparable and compatible, to the maximum extent possible.</P> <P>(d) <E T="03">FMP amendment.</E> FMPs should be amended on a timely basis, as new information indicates the necessity for change in objectives or management measures.</P> <P>(e) <E T="03">SAFE Report.</E> (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 <PRTPAGE P="29"/>future condition of the stocks, marine ecosystems, and fisheries being managed under Federal regulation.</P> <P>(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.</P> <P>(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.</P> <P>(iii) Each SAFE report must be scientifically based, and cite data sources and interpretations.</P> <P>(2) Each SAFE report should contain information on which to base harvest specifications.</P> <P>(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:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 24233, May 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.320</SECTNO> <SUBJECT>National Standard 3—Management Units.</SUBJECT> <P>(a) <E T="03">Standard 3.</E> 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.</P> <P>(b) <E T="03">General.</E> 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.</P> <P>(c) <E T="03">Unity of management.</E> 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.</P> <P>(d) <E T="03">Management unit.</E> 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.</P> <P>(1) <E T="03">Basis.</E> 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:</P> <P>(i) <E T="03">Biological</E>—could be based on a stock(s) throughout its range.</P> <P>(ii) <E T="03">Geographic</E>—could be an area.<PRTPAGE P="30"/> </P> <P>(iii) <E T="03">Economic</E>—could be based on a fishery supplying specific product forms.</P> <P>(iv) <E T="03">Technical</E>—could be based on a fishery utilizing a specific gear type or similar fishing practices.</P> <P>(v) <E T="03">Social</E>—could be based on fishermen as the unifying element, such as when the fishermen pursue different species in a regular pattern throughout the year.</P> <P>(vi) <E T="03">Ecological</E>—could be based on species that are associated in the ecosystem or are dependent on a particular habitat.</P> <P>(2) <E T="03">Conservation and management measures.</E> 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.</P> <P>(e) <E T="03">Analysis.</E> To document that an FMP is as comprehensive as practicable, it should include discussions of the following:</P> <P>(1) The range and distribution of the stocks, as well as the patterns of fishing effort and harvest.</P> <P>(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.</P> <P>(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.</P> <P>(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:</P> <P>(i) By limiting the management unit's scope to that portion of the stock found in U.S. waters;</P> <P>(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</P> <P>(iii) By referring to treaties or cooperative agreements.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.325</SECTNO> <SUBJECT>National Standard 4—Allocations.</SUBJECT> <P>(a) <E T="03">Standard 4.</E> 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:</P> <P>(1) Fair and equitable to all such fishermen.</P> <P>(2) Reasonably calculated to promote conservation.</P> <P>(3) Carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges.</P> <P>(b) <E T="03">Discrimination among residents of different states.</E> 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:</P> <P>(1) An FMP that restricted fishing in the EEZ to those holding a permit from state X would violate Standard 4 if <PRTPAGE P="31"/>state X issued permits only to its own citizens.</P> <P>(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.</P> <P>(c) <E T="03">Allocation of fishing privileges.</E> 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.</P> <P>(1) <E T="03">Definition.</E> 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.</P> <P>(2) <E T="03">Analysis of allocations.</E> 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.</P> <P>(3) <E T="03">Factors in making allocations.</E> 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:</P> <P>(i) <E T="03">Fairness and equity.</E> (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.</P> <P>(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.</P> <P>(ii) <E T="03">Promotion of conservation</E>. 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, <PRTPAGE P="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.</P> <P>(iii) <E T="03">Avoidance of excessive shares.</E> 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.</P> <P>(iv) <E T="03">Other factors.</E> 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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.330</SECTNO> <SUBJECT>National Standard 5—Efficiency.</SUBJECT> <P>(a) <E T="03">Standard 5</E>. 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.</P> <P>(b) <E T="03">Efficiency in the utilization of resources</E>—(1) <E T="03">General</E>. 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.</P> <P>(2) <E T="03">Efficiency.</E> 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.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">Limited access.</E> 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 <PRTPAGE P="33"/>useful ingredient of a conservation scheme, because it facilitates application and enforcement of other management measures.</P> <P>(1) <E T="03">Definition.</E> 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).</P> <P>(2) <E T="03">Factors to consider</E>. 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 § 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.</P> <P>(d) <E T="03">Analysis.</E> 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.</P> <P>(e) <E T="03">Economic allocation.</E> 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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 FR 24234, May 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.335</SECTNO> <SUBJECT>National Standard 6—Variations and Contingencies.</SUBJECT> <P>(a) <E T="03">Standard 6.</E> Conservation and management measures shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches.</P> <P>(b) <E T="03">Conservation and management.</E> 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.</P> <P>(c) <E T="03">Variations.</E> (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. <PRTPAGE P="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.</P> <P>(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:</P> <P>(i) <E T="03">Reduce OY.</E> Lack of scientific knowledge about the condition of a stock(s) could be reason to reduce OY.</P> <P>(ii) <E T="03">Establish a reserve.</E> Creation of a reserve may compensate for uncertainties in estimating domestic harvest, stock conditions, or environmental factors.</P> <P>(iii) <E T="03">Adjust management techniques.</E> 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.</P> <P>(iv) <E T="03">Highlight habitat conditions.</E> 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.</P> <P>(d) <E T="03">Contingencies.</E> 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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 600.340</SECTNO> <SUBJECT>National Standard 7—Costs and Benefits.</SUBJECT> <P>(a) <E T="03">Standard 7.</E> Conservation and management measures shall, where practicable, minimize costs and avoid unnecessary duplication.</P> <P>(b) <E T="03">Necessity of Federal management—</E>(1) <E T="03">General.</E> 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 § 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.</P> <P>(2) <E T="03">Criteria.</E> In deciding whether a fishery needs management through regulations implementing an FMP, the following general factors should be considered, among others:<PRTPAGE P="35"/> </P> <P>(i) The importance of the fishery to the Nation and to the regional economy.</P> <P>(ii) The condition of the stock or stocks of fish and whether an FMP can improve or maintain that condition.</P> <P>(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.</P> <P>(iv) The need to resolve competing interests and conflicts among user groups and whether an FMP can further that resolution.</P> <P>(v) The economic condition of a fishery and whether an FMP can produce more efficient utilization.</P> <P>(vi) The needs of a developing fishery, and whether an FMP can foster orderly growth.</P> <P>(vii) The costs associated with an FMP, balanced against the benefits (see paragraph (d) of this section as a guide).</P> <P>(c) <E T="03">Alternative management measures.</E> 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.</P> <P>(d) <E T="03">Analysis.</E> 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.</P> <P>(1) <E T="03">Burdens.</E> 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.</P> <P>(2) <E T="03">Gains</E>. 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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 FR 24234, May 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.345</SECTNO> <SUBJECT>National Standard 8—Communities.</SUBJECT> <P>(a) <E T="03">Standard 8</E>. 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:</P> <P>(1) Provide for the sustained participation of such communities; and</P> <P>(2) To the extent practicable, minimize adverse economic impacts on such communities.</P> <P>(b) <E T="03">General</E>. (1) This standard requires that an FMP take into account the importance of fishery resources to fishing <PRTPAGE P="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.</P> <P>(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.</P> <P>(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).</P> <P>(4) The term “sustained participation” means continued access to the fishery within the constraints of the condition of the resource.</P> <P>(c) <E T="03">Analysis</E>. (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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(5) A discussion of social and economic impacts should identify those <PRTPAGE P="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.</P> <CITA>[63 FR 24234, May 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.350</SECTNO> <SUBJECT>National Standard 9—Bycatch.</SUBJECT> <P>(a) <E T="03">Standard 9</E>. Conservation and management measures shall, to the extent practicable:</P> <P>(1) Minimize bycatch; and</P> <P>(2) To the extent bycatch cannot be avoided, minimize the mortality of such bycatch.</P> <P>(b) <E T="03">General</E>. 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.</P> <P>(c) <E T="03">Definition</E>—<E T="03">Bycatch</E>. 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.</P> <P>(d) <E T="03">Minimizing bycatch and bycatch mortality</E>. 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—</P> <P>(1) <E T="03">Promote development of a database on bycatch and bycatch mortality in the fishery to the extent practicable</E>. 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.</P> <P>(2) <E T="03">For each management measure, assess the effects on the amount and type of <PRTPAGE P="38"/>bycatch and bycatch mortality in the fishery</E>. 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.</P> <P>(3) <E T="03">Select measures that, to the extent practicable, will minimize bycatch and bycatch mortality</E>. (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:</P> <P>(A) Population effects for the bycatch species.</P> <P>(B) Ecological effects due to changes in the bycatch of that species (effects on other species in the ecosystem).</P> <P>(C) Changes in the bycatch of other species of fish and the resulting population and ecosystem effects.</P> <P>(D) Effects on marine mammals and birds.</P> <P>(E) Changes in fishing, processing, disposal, and marketing costs.</P> <P>(F) Changes in fishing practices and behavior of fishermen.</P> <P>(G) Changes in research, administration, and enforcement costs and management effectiveness.</P> <P>(H) Changes in the economic, social, or cultural value of fishing activities and nonconsumptive uses of fishery resources.</P> <P>(I) Changes in the distribution of benefits and costs.</P> <P>(J) Social effects.</P> <P>(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).</P> <P>(4) <E T="03">Monitor selected management measures</E>. 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.</P> <P>(e) <E T="03">Other considerations</E>. 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.</P> <CITA>[63 FR 24235, May 1, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.355</SECTNO> <SUBJECT>National Standard 10—Safety of Life at Sea.</SUBJECT> <P>(a) <E T="03">Standard 10</E>. Conservation and management measures shall, to the extent practicable, promote the safety of human life at sea.</P> <P>(b) <E T="03">General</E>. (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.</P> <P>(2) The qualifying phrase “to the extent practicable” recognizes that regulation necessarily puts constraints on fishing that would not otherwise exist. <PRTPAGE P="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.</P> <P>(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.</P> <P>(c) <E T="03">Safety considerations</E>. The following is a non-inclusive list of safety considerations that should be considered in evaluating management measures under national standard 10.</P> <P>(1) <E T="03">Operating environment</E>. 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.</P> <P>(2) <E T="03">Gear and vessel loading requirements</E>. 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.</P> <P>(3) <E T="03">Limited season and area fisheries</E>. 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.</P> <P>(d) <E T="03">Consultation</E>. 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.</P> <P>(e) <E T="03">Mitigation measures</E>. 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:</P> <P>(1) Setting seasons to avoid hazardous weather.</P> <P>(2) Providing for seasonal or trip flexibility to account for bad weather (weather days).</P> <P>(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.<PRTPAGE P="40"/> </P> <P>(4) Tailoring gear requirements to provide for smaller or lighter gear for smaller vessels.</P> <P>(5) Avoiding management measures that require hazardous at-sea inspections or enforcement if other comparable enforcement could be accomplished as effectively.</P> <P>(6) Limiting the number of participants in the fishery.</P> <P>(7) Spreading effort over time and area to avoid potential gear and/or vessel conflicts.</P> <P>(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.</P> <CITA>[63 FR 24236, May 1, 1998]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Confidentiality of Statistics</HD> <SECTION> <SECTNO>§ 600.405</SECTNO> <SUBJECT>Types of statistics covered.</SUBJECT> <P>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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.410</SECTNO> <SUBJECT>Collection and maintenance of statistics.</SUBJECT> <P>(a) <E T="03">General</E>. (1) All statistics required to be submitted to the Secretary are provided to the Assistant Administrator.</P> <P>(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.</P> <P>(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.</P> <P>(b) <E T="03">Collection agreements with states</E>. (1) The Assistant Administrator may enter into an agreement with a state authorizing the state to collect statistics on behalf of the Secretary.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 600.415</SECTNO> <SUBJECT>Access to statistics.</SUBJECT> <P>(a) <E T="03">General</E>. In determining whether to grant a request for access to confidential data, the following information will be taken into consideration (also see § 600.130):</P> <P>(1) The specific types of data required.</P> <P>(2) The relevance of the data to conservation and management issues.</P> <P>(3) The duration of time access will be required: continuous, infrequent, or one-time.</P> <P>(4) An explanation of why the availability of aggregate or non-confidential summaries of data from other sources would not satisfy the requested needs.</P> <P>(b) <E T="03">Federal employees</E>. Statistics submitted as a requirement of an FMP and that reveal the identity of the submitter will only be accessible to the following:</P> <P>(1) Personnel within NMFS responsible for the collection, processing, and storage of the statistics.</P> <P>(2) Federal employees who are responsible for FMP development, monitoring, and enforcement.</P> <P>(3) Personnel within NMFS performing research that requires confidential statistics.</P> <P>(4) Other NOAA personnel on a demonstrable need-to-know basis.</P> <P>(5) NOAA/NMFS contractors or grantees who require access to confidential statistics to perform functions authorized by a Federal contract or grant.</P> <P>(c) <E T="03">State personnel</E>. Upon written request, confidential statistics will only be accessible if:</P> <P>(1) State employees demonstrate a need for confidential statistics for use <PRTPAGE P="41"/>in fishery conservation and management.</P> <P>(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.</P> <P>(d) <E T="03">Councils</E>. Upon written request by the Council Executive Director, access to confidential data will be granted to:</P> <P>(1) Council employees who are responsible for FMP development and monitoring.</P> <P>(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:</P> <P>(i) The possibility that Council members might gain personal or competitive advantage from access to the data.</P> <P>(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.</P> <P>(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.</P> <P>(e) <E T="03">Prohibitions</E>. 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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.420</SECTNO> <SUBJECT>Control system.</SUBJECT> <P>(a) The Assistant Administrator maintains a control system to protect the identity of submitters of statistics required by an FMP. The control system:</P> <P>(1) Identifies those persons who have access to the statistics.</P> <P>(2) Contains procedures to limit access to confidential data to authorized users.</P> <P>(3) Provides for safeguarding the data.</P> <P>(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:</P> <P>(1) Have been informed that the data are confidential.</P> <P>(2) Have reviewed and are familiar with the procedures to protect confidential statistics.</P> </SECTION> <SECTION> <SECTNO>§ 600.425</SECTNO> <SUBJECT>Release of statistics.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Foreign Fishing</HD> <SECTION> <SECTNO>§ 600.501</SECTNO> <SUBJECT>Vessel permits.</SUBJECT> <P>(a) <E T="03">General</E>. (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.</P> <P>(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 <PRTPAGE P="42"/>contained in 50 CFR part 229 of this title.</P> <P>(b) <E T="03">Responsibility of owners and operators</E>. 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.</P> <P>(c) <E T="03">Activity codes</E>. 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:</P> <P>(1) <E T="03">Activity Code 1.</E> Catching, scouting, processing, transshipping, and supporting foreign vessels. Activity is limited to fish harvested or to be harvested by foreign vessels in the EEZ.</P> <P>(2) <E T="03">Activity Code 2.</E> Processing, scouting, transshipping, and supporting foreign vessels. Activity is limited to fish harvested or to be harvested by foreign vessels in the EEZ.</P> <P>(3) <E T="03">Activity Code 3.</E> Transshipping, scouting, and supporting foreign vessels. Activity is limited to fish harvested or to be harvested by foreign vessels in the EEZ.</P> <P>(4) <E T="03">Activity Code 4.</E> 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.</P> <P>(5) <E T="03">Activity Code 5.</E> 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.</P> <P>(6) <E T="03">Activity Code 6.</E> Transshipping, scouting, and supporting U.S. vessels. Transshipment limited to U.S.-harvested fish processed on board U.S. vessels.</P> <P>(7) <E T="03">Activity Code 7.</E> Processing, transshipping, and supporting foreign vessels. Activity limited to fish harvested or to be harvested by foreign vessels seaward of the EEZ.</P> <P>(8) <E T="03">Activity Code 8.</E> 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.</P> <P>(9) <E T="03">Activity Code 9.</E> 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.</P> <P>(d) <E T="03">Application.</E> (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 § 600.518.</P> <P>(2) Applicants must provide complete and accurate information requested on the permit application form.</P> <P>(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.</P> <P>(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.</P> <P>(e) <E T="03">Issuance.</E> (1) Permits may be issued to an FFV by the Assistant Administrator through the DOS after—<PRTPAGE P="43"/> </P> <P>(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.</P> <P>(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 § 600.518.</P> <P>(iii) The foreign nation has appointed an agent.</P> <P>(iv) The foreign nation has identified a designated representative.</P> <P>(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.</P> <P>(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.</P> <P>(3) A completed permit form must contain—</P> <P>(i) The name and IRCS of the FFV and its permit number.</P> <P>(ii) The permitted fisheries and activity codes.</P> <P>(iii) The date of issuance and expiration date, if other than December 31.</P> <P>(iv) All conditions and restrictions, and any additional restrictions and technical modifications appended to the permit.</P> <P>(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.</P> <P>(f) <E T="03">Duration.</E> 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.</P> <P>(g) <E T="03">Transfer.</E> Permits are not transferable or assignable. A permit is valid only for the FFV to which it is issued.</P> <P>(h) <E T="03">Display.</E> 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.</P> <P>(i) <E T="03">Suspension and revocation.</E> 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.</P> <P>(j) <E T="03">Fees.</E> Permit application fees are described in § 600.518.</P> <P>(k) <E T="03">Change in application information.</E> (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.</P> <P>(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.<PRTPAGE P="44"/> </P> <P>(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.</P> <P>(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.</P> <P>(5) The vessel owner or operator must record the modification on the permit form.</P> <P>(l) <E T="03">Permit amendments.</E> (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.</P> <P>(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.</P> <P>(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 <E T="04">Federal Register</E>. The document will include a summary of the reasons underlying the proposal, and the reasons that any proposed additional restrictions are made effective immediately.</P> <P>(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 <E T="04">Federal Register</E>.</P> <P>(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.</P> <P>(6) Additional restrictions may be modified by following the procedures of paragraphs (l)(2) through (l)(5) of this section.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.502</SECTNO> <SUBJECT>Vessel reports.</SUBJECT> <P>(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.</P> <P>(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 <PRTPAGE P="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.</P> <P>(c) <E T="03">Activity reports.</E> 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.</P> <P>(1) <E T="03">“BEGIN”</E>. 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.</P> <P>(2) <E T="03">“DEPART”</E>. 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.</P> <P>(3) <E T="03">“RETURN”</E>. 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.</P> <P>(4) <E T="03">“SHIFT”</E>. 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.</P> <P>(5) <E T="03">“JV OPS”</E>. 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.</P> <P>(6) <E T="03">“TRANSFER”</E>. 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.</P> <P>(7) <E T="03">“OFFLOADED”</E>. Each operator must specify the date, time, position, <PRTPAGE P="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.</P> <P>(8) <E T="03">“RECEIVED”</E>. 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.</P> <P>(9) <E T="03">“CEASE”</E>. 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.</P> <P>(10) <E T="03">“CHANGE”</E>. 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.</P> <P>(11) <E T="03">“CANCEL”</E>. 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.</P> <P>(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.</P> <P>(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.</P> <P>(f) <E T="03">Weekly reports.</E> (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 <PRTPAGE P="47"/>and initiate any appropriate civil penalty actions.</P> <P>(2) <E T="03">Weekly catch report (CATREP).</E> 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.</P> <P>(3) <E T="03">Weekly receipts report (RECREP).</E> 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.</P> <P>(4) <E T="03">Marine mammal report (MAMREP).</E> 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.</P> <P>(g) <E T="03">Submission instructions for weekly reports.</E> 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.</P> <GPOTABLE CDEF="s100,r100,r100" COLS="3" OPTS="L2,i1"> <TTITLE>Table 1 to § 600.502—Addresses</TTITLE> <BOXHD> <CHED H="1">NMFS regional administrators</CHED> <CHED H="1">NMFS science and research directors</CHED> <CHED H="1">U.S. Coast Guard<LI>commanders</LI> </CHED> </BOXHD> <ROW> <ENT I="01">Administrator, Northeast Region, National Marine Fisheries Service, NOAA, One Blackburn Drive, Gloucester, MA 01930-2298 </ENT> <ENT>Director, Notheast Fisheries Science Center, National Marine Fisheries Service, NOAA, 166 Water St., Woods Hole, MA 02543-1097 </ENT> <ENT>Commander, Atlantic Area, U.S. Coast Guard, 431 Crawford St., Portsmouth, VA 23704.</ENT> </ROW> <ROW> <ENT I="01">Administrator, Southeast Region, National Marine Fisheries Service, 9721 Exec. Center Drive N., St. Petersburg, FL 33702</ENT> <ENT>Director, Southeast Fisheries Science Center, National Marine Fisheries Service, NOAA, 75 Virginia Beach Drive, Miami, FL 33149-1003 </ENT> <ENT>Commander, Atlantic Area, U.S. Coast Guard, Governor's Island, New York 10004.</ENT> </ROW> <ROW> <ENT I="01">Administrator, Northwest Region, National Marine Fisheries Service, NOAA, 7600 Sand Point Way, NE, BIN C15700, Bldg. 1, Seattle, WA 98115</ENT> <ENT>Director, Northwest Fisheries Science Center, National Marine Fisheries Service, NOAA, 2725 Montlake Blvd. East, Seattle, WA 98112-2097</ENT> <ENT>Commander, Pacific Area, U.S. Coast Guard, Government Island, Alameda, CA 94501.</ENT> </ROW> <ROW> <ENT I="01">Administrator, Alaska Region, National Marine Fisheries Service, NOAA, P.O. Box 21668, Juneau, AK 99802-1668 </ENT> <ENT>Director, Alaska Fisheries Science Center, National Marine Fisheries Service, NOAA, 7600 Sand Point Way, NE, BIN C15700, Bldg. 4, Seattle, WA 98115-0070 </ENT> <ENT>Commander, Seventeenth Coast Guard District, P.O. Box 25517, Juneau, AK 99802.</ENT> </ROW> <ROW> <PRTPAGE P="48"/> <ENT I="01">Administrator, Southwest Region, National Marine Fisheries Service, NOAA, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213 </ENT> <ENT>Director, Southwest Fisheries Science Center, National Marine Fisheries Service, NOAA, P.O. Box 271, La Jolla, CA 92038-0271 </ENT> <ENT>Commander, Fourteenth Coast Guard District, 300 Ala Moana Blvd., Honolulu, HI 96850.</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s100,r100,r100" COLS="3" OPTS="L2,i1"> <TTITLE>Table 2 to § 600.502—Areas of Responsibility of NMFS and U.S. Coast Guard Offices</TTITLE> <BOXHD> <CHED H="1">Area of responsibility/fishery</CHED> <CHED H="1">National Marine Fisheries Service</CHED> <CHED H="1">U.S. Coast Guard</CHED> </BOXHD> <ROW> <ENT I="01">Atlantic Ocean North of Cape Hatteras</ENT> <ENT>Director, Northeast Science Center, Attn: Observer Program</ENT> <ENT>Commander, Atlantic Area.</ENT> </ROW> <ROW> <ENT I="01">Atlantic Ocean South of Cape Hatteras</ENT> <ENT>Director, Northeast Science Center, Attn: Observer Program</ENT> <ENT>Commander, Atlantic Area.</ENT> </ROW> <ROW> <ENT I="01">Atlantic Tunas, Swordfish, Billfish and Sharks </ENT> <ENT>Director, Office of Sustainable Fisheries </ENT> <ENT>Commander, Atlantic Area.</ENT> </ROW> <ROW> <ENT I="01">Gulf of Mexico and Caribbean Sea</ENT> <ENT>Administrator, Southeast Region</ENT> <ENT>Commander, Atlantic Area.</ENT> </ROW> <ROW> <ENT I="01">Pacific Ocean off the States of California, Oregon, and Washington</ENT> <ENT>Administrator, Northwest Region </ENT> <ENT>Commander, Pacific Area.</ENT> </ROW> <ROW> <ENT I="01">North Pacific Ocean and Bering Sea off Alaska</ENT> <ENT>Administrator, Alaska Region </ENT> <ENT>Commander, Seventeenth Coast Guard District.</ENT> </ROW> <ROW> <ENT I="01">Pacific Ocean off Hawaii and Other U.S. Insular Possessions in the Central and Western Pacific </ENT> <ENT>Administrator, Southwest Region</ENT> <ENT>Commander, Fourteenth Coast Guard District.</ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s150,xls50,xls50,xs65" COLS="4" OPTS="L2,i1"> <TTITLE>Table 3 to § 600.502—U.S. Coast Guard Communications Stations and Frequencies</TTITLE> <BOXHD> <CHED H="1">U.S. Coast Guard communications station</CHED> <CHED H="1">Radiotelephone</CHED> <CHED H="2">IRCS</CHED> <CHED H="2">Channel <SU>1</SU> </CHED> <CHED H="2">GMT time</CHED> </BOXHD> <ROW> <ENT I="01">Boston </ENT> <ENT>NMF </ENT> <ENT>A-E </ENT> <ENT>2330-1100.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>B,C </ENT> <ENT>All.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>D </ENT> <ENT>1100-2330.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>E </ENT> <ENT>(On request).</ENT> </ROW> <ROW> <ENT I="01">CAMSLANT Chesapeake (Portsmouth, VA)</ENT> <ENT>NMN </ENT> <ENT>A </ENT> <ENT>2330-1100.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>B,C </ENT> <ENT>All.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>D </ENT> <ENT>1100-2330.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>E </ENT> <ENT>(On request).</ENT> </ROW> <ROW> <ENT I="01">New Orleans </ENT> <ENT>NMG </ENT> <ENT>A </ENT> <ENT>2330-1100.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>B,C </ENT> <ENT>All.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>D </ENT> <ENT>1100-2330.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>E </ENT> <ENT>(On request).</ENT> </ROW> <ROW> <ENT I="01">CAMSPAC Point Reyes (San Francisco, CA)</ENT> <ENT>NMC </ENT> <ENT>A-D </ENT> <ENT>All.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>E </ENT> <ENT>(On request).</ENT> </ROW> <ROW> <ENT I="01">Honolulu </ENT> <ENT>NMO </ENT> <ENT>A-D </ENT> <ENT>All.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>E </ENT> <ENT>(On request).</ENT> </ROW> <ROW> <ENT I="01">Kodiak </ENT> <ENT>NOJ </ENT> <ENT>A-D </ENT> <ENT>All.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>E </ENT> <ENT>(On request).</ENT> </ROW> <TNOTE> <SU>1</SU> Carrier frequencies of duplex, high-frequency single-sideband channels are:</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s150,15,15" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Letter</CHED> <CHED H="1">Shore transmit</CHED> <CHED H="1">Ship transmit</CHED> </BOXHD> <ROW> <ENT I="01">A </ENT> <ENT>4426.0 </ENT> <ENT>4134.0</ENT> </ROW> <ROW> <ENT I="01">B </ENT> <ENT>6501.0 </ENT> <ENT>6200.0</ENT> </ROW> <ROW> <ENT I="01">C </ENT> <ENT>8764.0 </ENT> <ENT>8240.0</ENT> </ROW> <ROW> <ENT I="01">D </ENT> <ENT>13089.0 </ENT> <ENT>12242.0</ENT> </ROW> <ROW> <ENT I="01">E </ENT> <ENT>17314.0 </ENT> <ENT>16432.0</ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.503</SECTNO> <SUBJECT>Vessel and gear identification.</SUBJECT> <P>(a) <E T="03">Vessel identification.</E> (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.<PRTPAGE P="49"/> </P> <P>(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.)</P> <P>(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.</P> <P>(b) <E T="03">Navigational lights and shapes.</E> 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).</P> <P>(c) <E T="03">Gear identification.</E> (1) The operator of each FFV must ensure that all deployed fishing gear that is not physically and continuously attached to an FFV:</P> <P>(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.</P> <P>(ii) Has attached a light visible for 2 nautical miles (3.70 km) at night in good visibility.</P> <P>(iii) Has a radio buoy.</P> <P>Trawl codends passed from one vessel to another are considered continuously attached gear and are not required to be marked.</P> <P>(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).</P> <P>(3) Additional requirements may be specified for the fishery in which the vessel is engaged.</P> <P>(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.</P> <P>(d) <E T="03">Maintenance.</E> The operator of each FFV must—</P> <P>(1) Keep the vessel and gear identification clearly legible and in good repair.</P> <P>(2) Ensure that nothing on the FFV obstructs the view of the markings from an enforcement vessel or aircraft.</P> <P>(3) Ensure that the proper navigational lights and shapes are displayed for the FFV's activity and are properly functioning.</P> </SECTION> <SECTION> <SECTNO>§ 600.504</SECTNO> <SUBJECT>Facilitation of enforcement.</SUBJECT> <P>(a) <E T="03">General.</E> (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.</P> <P>(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.</P> <P>(b) <E T="03">Communications equipment.</E> (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).</P> <P>(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 § 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.</P> <P>(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.</P> <P>(4) FFV's with no IRCS that do not catch fish and are used as auxiliary <PRTPAGE P="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.</P> <P>(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.</P> <P>(c) <E T="03">Communications procedures.</E> (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.</P> <P>(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 § 600.505.</P> <P>(ii) “RY-CY”, meaning “You should proceed at slow speed, a boat is coming to you”.</P> <P>(iii) “SQ3”, meaning “You should stop or heave to; I am going to board you”.</P> <P>(iv) “L”, meaning “You should stop your vessel instantly.”</P> <P>(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.</P> <P>(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.</P> <P>(d) <E T="03">Boarding.</E> The operator of an FFV signaled for boarding must—</P> <P>(1) Monitor 2182 kHz (SSB) radiotelephone and channel 16 (156.8 mHz) VHF-FM radiotelephone.</P> <P>(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.</P> <P>(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:</P> <P>(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°. 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.</P> <P>(ii) The steps of the pilot ladder must be—</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(iii) No pilot ladder may have more than two replacement steps that are <PRTPAGE P="51"/>secured in position by a method different from that used in the original construction of the ladder.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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</P> <P>(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.</P> <P>(e) <E T="03">Access and records.</E> (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.</P> <P>(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.</P> <P>(f) <E T="03">Product storage.</E> 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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.505</SECTNO> <SUBJECT>Prohibitions.</SUBJECT> <P>(a) It is unlawful for any person to do any of the following:</P> <P>(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;</P> <P>(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;</P> <P>(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;</P> <P>(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;</P> <P>(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 <PRTPAGE P="52"/>GIFA, this subpart, or any permit issued under this subpart;</P> <P>(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;</P> <P>(7) Engage in any fishing activity for which the FFV does not have a permit as required under § 600.501;</P> <P>(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;</P> <P>(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.</P> <P>(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;</P> <P>(11) Violate any provision of the applicable GIFA;</P> <P>(12) Falsely or incorrectly complete (including by omission) a permit application or permit form as specified in § 600.501 (d) and (k);</P> <P>(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 § 600.501(k);</P> <P>(14) Assault, resist, oppose, impede, intimidate, or interfere with an observer placed aboard an FFV under this subpart;</P> <P>(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;</P> <P>(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;</P> <P>(17) Harass or sexually harass an authorized officer or observer;</P> <P>(18) Fail to provide the required assistance to an observer as described at § 600.506 (c) and (e);</P> <P>(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;</P> <P>(20) Falsify or fail to make, keep, maintain, or submit any record or report required by this subpart;</P> <P>(21) Fail to return to the sea or fail to otherwise treat prohibited species as required by this subpart;</P> <P>(22) Fail to report or falsely report any gear conflict;</P> <P>(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;</P> <P>(24) Continue Activity Codes 1 through 4 after those activity codes have been canceled under § 600.511;</P> <P>(25) Fail to maintain health and safety standards set forth in § 600.506(d);</P> <P>(26) Violate any provisions of regulations for specific fisheries of this subpart;</P> <P>(27) On a scientific research vessel, engage in fishing other than recreational fishing authorized by applicable state, territorial, or Federal regulations;</P> <P>(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</P> <P>(29) Attempt to do any of the foregoing.</P> <P>(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—</P> <P>(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</P> <P>(2) Within the EEZ, or for any anadromous species or continental shelf <PRTPAGE P="53"/>fishery resources beyond the EEZ, unless the fishing is authorized by, and conducted in accordance with, a valid permit issued under § 600.501.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.506</SECTNO> <SUBJECT>Observers.</SUBJECT> <P>(a) <E T="03">General</E>. 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 § 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.</P> <P>(b) <E T="03">Effort plan.</E> 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.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">Assistance to observers.</E> 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—</P> <P>(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.</P> <P>(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.</P> <P>(3) Allow the observer to use the FFV's communications equipment and personnel upon demand for the transmission and receipt of messages.</P> <P>(4) Allow the observer access to and use of the FFV's navigation equipment and personnel upon demand to determine the vessel's position.</P> <P>(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.</P> <P>(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.</P> <P>(7) Provide the observer copies of any records required by these regulations upon demand.</P> <P>(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.</P> <P>(9) Provide all other reasonable assistance to enable the observer to carry out his or her duties.</P> <P>(d) <E T="03">Health and safety standards.</E> All foreign fishing vessels to which an observer is deployed must maintain, at all times that the vessel is in the EEZ, the following:</P> <P>(1) At least one working radar.<PRTPAGE P="54"/> </P> <P>(2) Functioning navigation lights as required by international law.</P> <P>(3) A watch on the bridge by appropriately trained and experienced personnel while the vessel is underway.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(11) Clean and sanitary conditions in all living spaces, food service and preparation areas and work spaces aboard the vessel.</P> <P>(e) <E T="03">Observer transfers.</E> (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.</P> <P>(2) The FFV's involved must provide a safe pilot ladder and conduct the transfer according to the procedures of § 600.504(d) to ensure the safety of the during the transfer.</P> <P>(3) An experienced crew member must assist the observer in the small boat or raft in which the transfer is made.</P> <P>(f) <E T="03">Supplementary observers.</E> 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.</P> <P>(g) <E T="03">Supplementary observer authority and duties.</E> (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.</P> <P>(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.</P> <P>(3) All data collected by supplementary observers will be under the exclusive control of the Assistant Administrator.</P> <P>(h) <E T="03">Supplementary observer payment</E>—(1) <E T="03">Method of payment.</E> 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 <PRTPAGE P="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 § 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 § 600.518(d).</P> <P>(2) <E T="03">Contractor costs.</E> 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:</P> <P>(i) Salary and benefits, including overtime, for supplementary observers.</P> <P>(ii) The costs of post-certification training required by paragraph (j)(2) of this section.</P> <P>(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.</P> <P>(iv) The costs of travel, transportation, and per diem associated with the debriefing following deployment of a supplementary observer by NMFS officials.</P> <P>(v) The administrative and overhead costs incurred by the contractor and, if appropriate, a reasonable profit.</P> <P>(3) <E T="03">NMFS costs.</E> 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:</P> <P>(i) The costs of certifying applicants for the position of supplementary observer.</P> <P>(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.</P> <P>(iii) The costs associated with communications with supplementary observers for transmission of data and routine messages.</P> <P>(iv) For the purposes of monitoring the supplementary observer program, the costs for the management and analysis of data.</P> <P>(v) The costs for data editing and entry.</P> <P>(vi) Any costs incurred by NMFS to train, deploy or debrief a supplementary observer.</P> <P>(vii) The cost for U.S. Customs inspection for supplementary observers disembarking after deployment.</P> <P>(4) <E T="03">Reconciliation.</E> 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 <PRTPAGE P="56"/>days after final costs are determined and approved by NMFS.</P> <P>(i) <E T="03">Supplementary observer contractors</E>—(1) <E T="03">Contractor eligibility.</E> 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.</P> <P>(2) Supplementary observer contractors must submit for the approval of the Assistant Administrator the following:</P> <P>(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.</P> <P>(ii) All application information for persons whom the contractor desires to employ as certified supplementary observers.</P> <P>(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.</P> <P>(iv) All data on costs.</P> <P>(j) <E T="03">Supplementary observers—certification, training</E>—(1) <E T="03">Certification.</E> 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:</P> <P>(i) The candidate is a citizen or national of the United States.</P> <P>(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.</P> <P>(2) <E T="03">Training.</E> Prior to deployment to foreign fishing vessels, certified supplementary observers must also meet the following conditions:</P> <P>(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.</P> <P>(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).</P> <P>(k) <E T="03">Supplementary observer certification suspension or revocation.</E> (1) Certification of a supplementary observer may be suspended or revoked by the Assistant Administrator under the following conditions:</P> <P>(i) A supplementary observer fails to perform the duties specified in paragraph (g)(2) of this section.</P> <P>(ii) A supplementary observer fails to abide by the standards of conduct described by Department of Commerce Administrative Order 202-735.</P> <P>(2) The suspension or revocation of the certification of a supplementary observer by the Assistant Administrator may be based on the following:</P> <P>(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</P> <P>(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.<PRTPAGE P="57"/> </P> <P>(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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7074, 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.507</SECTNO> <SUBJECT>Recordkeeping.</SUBJECT> <P>(a) <E T="03">General.</E> 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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(b) <E T="03">Communications log.</E> 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 § 600.504.</P> <P>(c) <E T="03">Transfer log.</E> 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:</P> <P>(1) The time and date (GMT) and location (in geographic coordinates) the transfer began and was completed.</P> <P>(2) The product weight, by species and product (use species and product codes), of all fish transferred, to the nearest 0.01 mt.</P> <P>(3) The name, IRCS, and permit number of both the FFV offloading the fish and the FFV receiving the fish.</P> <P>(d) <E T="03">Daily fishing log.</E> (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 § 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.</P> <P>(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.<PRTPAGE P="58"/> </P> <P>(e) <E T="03">Daily fishing log—contents.</E> 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.</P> <P>(1) “SECTION ONE-EFFORT” must contain on a daily basis—</P> <P>(i) A consecutive page number, beginning with the first day the vessel started fishing operations within the EEZ and continuing throughout the log.</P> <P>(ii) The date (based on GMT).</P> <P>(iii) The FFV's name.</P> <P>(iv) The FFV's IRCS.</P> <P>(v) The FFV's U.S. permit number.</P> <P>(vi) The FFV's noon (1200 GMT) position in geographic coordinates.</P> <P>(vii) The master or operator's signature or title.</P> <P>(2) “SECTION ONE-EFFORT” must contain, for each trawl or set, as appropriate to the gear type employed—</P> <P>(i) The consecutive trawl or set number, beginning with the first set of the calendar year.</P> <P>(ii) The fishing area in which the trawl or set was completed.</P> <P>(iii) The gear type.</P> <P>(iv) The time the gear was set.</P> <P>(v) The position of the set.</P> <P>(vi) The course of the set.</P> <P>(vii) The sea depth.</P> <P>(viii) The depth of the set.</P> <P>(ix) The duration of the set.</P> <P>(x) The hauling time.</P> <P>(xi) The position of the haul.</P> <P>(xii) The number of pots or longline units (where applicable).</P> <P>(xiii) The average number of hooks per longline unit (where applicable).</P> <P>(xiv) The trawl speed (where applicable).</P> <P>(xv) The mesh size of the trawl's codend (where applicable).</P> <P>(xvi) The estimated total weight of the catch for the trawl of set, to at least the nearest metric ton round weight.</P> <P>(3) “SECTION TWO-CATCH” must contain, for each trawl or set—</P> <P>(i) The consecutive set or trawl number from “SECTION ONE”.</P> <P>(ii) The catch of each allocated species or species group to at least the nearest 0.1 mt round weight.</P> <P>(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.</P> <P>(iv) The species code of each marine mammal caught and its condition when released.</P> <P>(4) “SECTION TWO-CATCH” must contain, on a daily basis—</P> <P>(i) The species codes for all allocated or prohibited species or species groups caught.</P> <P>(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.</P> <P>(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.</P> <P>(iv) The catch by fishing area, daily total, and cumulative total of each prohibited species.</P> <P>(5) “SECTION THREE—PRODUCTION” must contain, on a daily basis, for each allocated species caught and product produced—</P> <P>(i) The product by species code and product type.</P> <P>(ii) The daily product recovery rate of each species and product.</P> <P>(iii) The daily total product produced by species to at least the nearest 0.01 mt.</P> <P>(iv) The cumulative total of each product to at least the nearest 0.01 mt.</P> <P>(v) The cumulative amount of product transferred.</P> <P>(vi) The balance of product remaining aboard the FFV.</P> <P>(vii) The total daily amount, cumulative amount, transferred product and balance of frozen product aboard the FFV to the nearest 0.01 mt.</P> <P>(viii) Transferred amount and balance of fishmeal and fish oil aboard to at least the nearest 0.01 mt.</P> <P>(f) <E T="03">Daily consolidated fishing or joint venture log.</E> The operator of each FFV <PRTPAGE P="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.</P> <P>(g) <E T="03">Daily joint venture log—contents.</E> 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.</P> <P>(1) “SECTION ONE-EFFORT” must contain, on a daily basis, that information required in paragraph (e)(1) of this section.</P> <P>(2) “SECTION ONE-EFFORT” must contain for each receipt of a codend—</P> <P>(i) The consecutive codend number, beginning with the first codend received for the calendar year.</P> <P>(ii) The name of the U.S. fishing vessel or the name and IRCS of the foreign fishing vessel the codend was received from.</P> <P>(iii) The fishing area where the codend was received.</P> <P>(iv) The time the codend was received.</P> <P>(v) The position the codend was received.</P> <P>(vi) The estimated weight of the codend to at least the nearest metric ton round weight.</P> <P>(3) “SECTION TWO-CATCH” must contain, for each codend received—</P> <P>(i) The consecutive codend number from “SECTION ONE”.</P> <P>(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.</P> <P>(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.</P> <P>(iv) The species code of each marine mammal received and its condition when released.</P> <P>(4) “SECTION TWO-CATCH” must contain on a daily basis—</P> <P>(i) The species codes of all authorized or prohibited species or species groups received.</P> <P>(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.</P> <P>(iii) The daily disposition, daily total and cumulative total receipts of all authorized species or species groups.</P> <P>(iv) The daily and cumulative total receipts of prohibited species groups and their disposition as described in paragraph (g)(3)(iii) of this section.</P> <P>(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.</P> <P>(h) <E T="03">Daily log maintenance.</E> The logs required by paragraphs (e) through (g) of this section must be maintained separately for each fishery (see table 2 to § 600.502).</P> <P>(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 <PRTPAGE P="60"/>taken. The date of catch is the day and time (GMT) the gear is hauled.</P> <P>(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.</P> <P>(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.</P> <P>(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 § 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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.508</SECTNO> <SUBJECT>Fishing operations.</SUBJECT> <P>(a) <E T="03">Catching.</E> 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.</P> <P>(b) <E T="03">Scouting.</E> 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.</P> <P>(c) <E T="03">Processing.</E> 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.</P> <P>(d) <E T="03">Support.</E> 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.</P> <P>(e) <E T="03">Joint ventures.</E> 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 § 600.511(a).</P> <P>(f) <E T="03">Internal waters.</E> For FFV's authorized under section 306(c) of the Magnuson-Stevens Act:</P> <P>(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.</P> <P>(2) The owner or operator of each FFV must submit weekly reports on <PRTPAGE P="61"/>the amount of fish received from vessels of the United States and the location(s) where such fish were harvested.</P> <P>(i) Reports must include:</P> <P>(A) Vessel identification information for the FFV.</P> <P>(B) Date of each receipt of fish.</P> <P>(C) Amount of fish received, by species.</P> <P>(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.</P> <P>(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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 62 FR 27183, May 19, 1997; 62 FR 34397, June 26, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.509</SECTNO> <SUBJECT>Prohibited species.</SUBJECT> <P>(a) The owner or operator of each FFV must minimize its catch or receipt of prohibited species.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 600.510</SECTNO> <SUBJECT>Gear avoidance and disposal.</SUBJECT> <P>(a) <E T="03">Vessel and gear avoidance.</E> (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.</P> <P>(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.</P> <P>(b) <E T="03">Gear conflicts.</E> 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 § 600.502 and request disposal instructions. Each report must include:</P> <P>(1) The name of the reporting vessel.</P> <P>(2) A description of the incident and articles retrieved, including the amount, type of gear, condition, and identification markings.</P> <P>(3) The location of the incident.</P> <P>(4) The date and time of the incident.</P> <P>(c) <E T="03">Disposal of fishing gear and other articles.</E> (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.</P> <P>(2) The operator of an FFV may not abandon fishing gear in the EEZ.</P> <P>(3) If these articles or substances are encountered, or in the event of accidental or emergency placement into the <PRTPAGE P="62"/>EEZ, the vessel operator must immediately report the incident to the appropriate USCG Commander indicated in tables 1 and 2 to § 600.502, and give the information required in paragraph (b) of this section.</P> </SECTION> <SECTION> <SECTNO>§ 600.511</SECTNO> <SUBJECT>Fishery closure procedures.</SUBJECT> <P>(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—</P> <P>(1) The OY for any allocated species or species group has been reached in that fishery;</P> <P>(2) The TALFF or catch allowance for any allocated species or species group has been reached in that fishery;</P> <P>(3) The foreign nation's allocation for any allocated species or species group has been reached; or</P> <P>(4) The letter of credit required in § 600.518(b)(2) is not established and maintained.</P> <P>(b) Activity Code 4 is automatically canceled when—</P> <P>(1) The OY for a species with a JVP amount is reached;</P> <P>(2) The JVP amount for a species or species group is reached; or</P> <P>(3) The letter of credit required in § 600.518(b)(2) is not established and maintained.</P> <P>(c) <E T="03">Notification.</E> (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.</P> <P>(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.</P> <P>(d) <E T="03">Catch reconciliation.</E> 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.</P> <P>(e) <E T="03">Duration.</E> 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 § 600.518(b)(2) is reestablished.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.512</SECTNO> <SUBJECT>Scientific research.</SUBJECT> <P>(a) <E T="03">Scientific research activity.</E> 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.<PRTPAGE P="63"/> </P> <P>(b) <E T="03">Reports.</E> 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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.513</SECTNO> <SUBJECT>Recreational fishing.</SUBJECT> <P>(a) Foreign vessels conducting recreational fishing must comply only with this section, and §§ 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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 600.514</SECTNO> <SUBJECT>Relation to other laws.</SUBJECT> <P>(a) Persons affected by these regulations should be aware that other Federal and state statutes may apply to their activities.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 600.515</SECTNO> <SUBJECT>Interpretation of 16 U.S.C. 1857(4).</SUBJECT> <P>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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.516</SECTNO> <SUBJECT>Total allowable level of foreign fishing (TALFF).</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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 <E T="04">Federal Register</E>. Adjustments to those numbers will be published in the <E T="04">Federal Register</E> upon occasion or as directed by regulations implementing FMPs. For current apportionments, <PRTPAGE P="64"/>contact the appropriate Regional Administrator or the Director.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.517</SECTNO> <SUBJECT>Allocations.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 600.518</SECTNO> <SUBJECT>Fee schedule for foreign fishing.</SUBJECT> <P>(a) <E T="03">Permit application fees</E>. Each vessel permit application submitted under § 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.</P> <P>(b) <E T="03">Poundage fees</E>—(1) <E T="03">Rates</E>. 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.</P> <GPOTABLE CDEF="s25,8" COLS="2" OPTS="L2,i1"> <TTITLE>Table—Species and Poundage Fees</TTITLE> <TDESC>[Dollars per metric ton, unless otherwise noted]</TDESC> <BOXHD> <CHED H="1">Species fees</CHED> <CHED H="1">Poundage fees</CHED> </BOXHD> <ROW> <ENT I="11">Northwest Atlantic Ocean fisheries:</ENT> </ROW> <ROW> <ENT I="02">1. Butterfish </ENT> <ENT>274.61</ENT> </ROW> <ROW> <ENT I="02">2. Hake, red </ENT> <ENT>163.97</ENT> </ROW> <ROW> <ENT I="02">3. Hake, silver </ENT> <ENT>174.63</ENT> </ROW> <ROW> <ENT I="02">4. Herring </ENT> <ENT>61.76</ENT> </ROW> <ROW> <ENT I="02">5. Mackerel, Atlantic </ENT> <ENT>58.33</ENT> </ROW> <ROW> <ENT I="02">6. Other groundfish </ENT> <ENT>119.09</ENT> </ROW> <ROW> <ENT I="02">7. Squid, <E T="03">Illex</E> </ENT> <ENT>103.98</ENT> </ROW> <ROW> <ENT I="02">8. Squid, <E T="03">Loligo</E> </ENT> <ENT>245.73</ENT> </ROW> </GPOTABLE> <P>(2) <E T="03">Method of payment of poundage fees, surcharges and observer fees.</E> (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—</P> <P>(A) Be irrevocable.</P> <P>(B) Be with a bank subscribing to ICC Pub. 290.</P> <P>(C) Designate “Department of Commerce, NOAA” as beneficiary;</P> <P>(D) Allow partial withdrawals.</P> <P>(E) Be confirmed by a U.S. bank.</P> <P>(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.</P> <P>(3) <E T="03">Assessment of poundage fees</E>. 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 § 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.</P> <P>(c) <E T="03">Surcharges.</E> 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 <PRTPAGE P="65"/>20 percent, if needed, to maintain capitalization of the fund. The Assistant Administrator has effectively waived the surcharge until further notice.</P> <P>(d) <E T="03">Observer fees.</E> 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 § 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.</P> <P>(e) <E T="03">Financial assurances.</E> (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—</P> <P>(i) Civil and criminal penalties assessed against fishing vessels of the Nation have not effectively deterred violations;</P> <P>(ii) Vessels of that Nation have engaged in fishing in the EEZ without proper authorization to conduct such activities;</P> <P>(iii) The Nation's vessel owners have refused to answer administrative charges or summons to appear in court; or</P> <P>(iv) Enforcement of Magnuson-Stevens Act civil or criminal judgments in the courts of a foreign nation is unattainable.</P> <P>(2) The level of financial assurances will be guided by the level of penalties assessed and costs to the U.S. Government.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.520</SECTNO> <SUBJECT>Northwest Atlantic Ocean fishery.</SUBJECT> <P>(a) <E T="03">Purpose</E>. Sections 600.520 and 600.525 regulate all foreign fishing conducted under a GIFA within the EEZ in the Atlantic Ocean north of 35°00′ N. lat.</P> <P>(b) <E T="03">Authorized fishery</E>—(1) <E T="03">Allocations</E>. Foreign vessels may engage in fishing only in accordance with applicable national allocations.</P> <P>(2) <E T="03">Time and area restrictions</E>. (i) Fishing, including processing, scouting, and support of foreign or U.S. vessels, is prohibited south of 35°00′ N. lat., and north and east of a line beginning at the shore at 44°22′ N. lat., 67°52′ W. long. and intersecting the boundary of the EEZ at 44°11′12″ N. lat., 67°16′46″ W. long.</P> <P>(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 <E T="04">Federal Register</E>, 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.</P> <P>(iii) The Regional Administrator may rescind any restriction if he/she determines that the basis for the restriction no longer exists.</P> <P>(iv) Any notice of restriction shall operate as a condition imposed on the permit issued to the foreign vessels involved in the fishery.</P> <P>(3) <E T="03">TALFF</E>. The TALFFs for the fisheries of the Northwest Atlantic Ocean are published in the <E T="04">Federal Register</E>. Current TALFFs are also available from the Regional Administrator.</P> <P>(4) <E T="03">Species definitions</E>. The category “other finfish” used in TALFFs and in allocations includes all species except:</P> <P>(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.</P> <P>(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 <PRTPAGE P="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).</P> <P>(5) <E T="03">Closures</E>. The taking of any species for which a Nation has an allocation is permitted, provided that:</P> <P>(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.</P> <P>(ii) The fishery has not been closed for other reasons under § 600.511.</P> <P>(6) <E T="03">Allocation utilization</E>. 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 § 600.509.</P> <P>(c) <E T="03">Fishing areas</E>. 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. </P> <GPH DEEP="405" SPAN="2"> <PRTPAGE P="67"/> <GID>ER24JN96.000</GID> </GPH> <PRTPAGE P="68"/> <CITA TYPE="W">[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.525</SECTNO> <SUBJECT>Atlantic herring fishery.</SUBJECT> <P>(a) <E T="03">Initial specifications.</E> 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.</P> <P>(b) <E T="03">Procedures to adjust initial specifications.</E> 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 <E T="04">Federal Register</E> 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:</P> <P>(1) The estimated domestic processing capacity and extent to which it will be used.;</P> <P>(2) Landings and catch statistics.;</P> <P>(3) Stock assessments.</P> <P>(4) Relevant scientific information.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Preemption of State Authority Under Section 306(b)</HD> <SECTION> <SECTNO>§ 600.605</SECTNO> <SUBJECT>General policy.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 600.610</SECTNO> <SUBJECT>Factual findings for Federal preemption.</SUBJECT> <P>(a) The two factual findings for Federal preemption of state management authority over a fishery are:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.615</SECTNO> <SUBJECT>Commencement of proceedings.</SUBJECT> <P>(a) <E T="03">Notice of proposed preemption.</E> (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:</P> <P>(i) A recital of the legal authority and jurisdiction for instituting the proceeding.</P> <P>(ii) A concise statement of the § 600.610 factual findings for Federal preemption upon which the notice is based.</P> <P>(iii) The time, place, and date of the hearing.<PRTPAGE P="69"/> </P> <P>(2) The notice of proposed preemption will also be published in the <E T="04">Federal Register</E>. This notification may be combined with any notice of proposed rulemaking published under paragraph (d)(1) of this section.</P> <P>(b) <E T="03">Response.</E> The state will have the opportunity to respond in writing to the notice of proposed preemption.</P> <P>(c) <E T="03">Amendment.</E> 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.</P> <P>(d) <E T="03">Proposed regulations</E>—(1) <E T="03">In general.</E> If additional regulations are required to govern fishing within the boundaries of a state, the Administrator may publish proposed regulations in the <E T="04">Federal Register</E> concurrently with issuing the notification indicated in paragraph (a) of this section.</P> <P>(2) <E T="03">Emergency actions</E>. Nothing in this section will prevent the Secretary from taking emergency action under section 305(c) of the Magnuson-Stevens Act.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.620</SECTNO> <SUBJECT>Rules pertaining to the hearing.</SUBJECT> <P>(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 § 600.615) and prior to the Secretary's decision (§ 600.625), except that the following sections will not apply:</P> <P>(1) 15 CFR 904.201 (Definitions);</P> <P>(2) 15 CFR 904.206(a)(1) (Duties and powers of Judge); and</P> <P>(3) 15 CFR 904.272 (Administrative review of decision).</P> <P>(b) <E T="03">Additional duties and powers of judge</E>—(1) <E T="03">Time periods.</E> The administrative law judge is authorized to modify all time periods pertaining to the course of the hearing (under §§ 600.615 and 600.620) to expedite the proceedings, upon application and appropriate showing of need or emergency circumstances by a party.</P> <P>(2) <E T="03">Intervention.</E> Intervention by persons not parties is not allowed.</P> </SECTION> <SECTION> <SECTNO>§ 600.625</SECTNO> <SUBJECT>Secretary's decision.</SUBJECT> <P>(a) The Secretary will, on the basis of the hearing, record the administrative law judge's recommended decision:</P> <P>(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;</P> <P>(2) Reserve decision on the merits or withdraw the notice of proposed preemption; or</P> <P>(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.</P> <P>(b) <E T="03">Notification.</E> (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 § 600.615(d) and otherwise to begin regulating the fishery within the state's boundaries (other than in its internal waters).</P> <P>(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 § 600.615(d).</P> </SECTION> <SECTION> <SECTNO>§ 600.630</SECTNO> <SUBJECT>Application for reinstatement of state authority.</SUBJECT> <P>(a) <E T="03">Application or notice.</E> (1) At any time after the promulgation of regulations under § 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:</P> <P>(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<PRTPAGE P="70"/> </P> <P>(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</P> <P>(iii) Any laws, regulations, or other materials that the state believes support the application.</P> <P>(2) Any such application received by the Secretary or notice issued to the State will be published in the <E T="04">Federal Register</E>.</P> <P>(b) <E T="03">Informal response.</E> 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 <E T="04">Federal Register</E> any regulatory amendments necessary to accomplish that end.</P> <P>(c) <E T="03">Hearing.</E> 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 § 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 § 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 <E T="04">Federal Register</E> any regulatory amendments necessary to accomplish that end.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—General Provisions for Domestic Fisheries</HD> <SECTION> <SECTNO>§ 600.705</SECTNO> <SUBJECT>Relation to other laws.</SUBJECT> <P>(a) <E T="03">General.</E> 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).</P> <P>(b) <E T="03">State responsibilities.</E> 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.</P> <P>(c) <E T="03">Submarine cables.</E> 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.</P> <P>(d) <E T="03">Marine mammals.</E> 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.</P> <P>(e) <E T="03">Halibut fishing.</E> Fishing for halibut is governed by regulations of the International Pacific Halibut Commission set forth at part 300 of this title.</P> <P>(f) <E T="03">Marine sanctuaries.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 600.710</SECTNO> <SUBJECT>Permits.</SUBJECT> <P>Regulations pertaining to permits required for certain fisheries are set forth in the parts of this chapter governing those fisheries.</P> </SECTION> <SECTION> <PRTPAGE P="71"/> <SECTNO>§ 600.715</SECTNO> <SUBJECT>Recordkeeping and reporting.</SUBJECT> <P>Regulations pertaining to records and reports required for certain fisheries are set forth in the parts of this chapter governing those fisheries.</P> </SECTION> <SECTION> <SECTNO>§ 600.720</SECTNO> <SUBJECT>Vessel and gear identification.</SUBJECT> <P>Regulations pertaining to special vessel and gear markings required for certain fisheries are set forth in the parts of this chapter governing those fisheries.</P> </SECTION> <SECTION> <SECTNO>§ 600.725</SECTNO> <SUBJECT>General prohibitions.</SUBJECT> <P>It is unlawful for any person to do any of the following:</P> <P>(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.</P> <P>(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.</P> <P>(c) Fail to comply immediately with enforcement and boarding procedures specified in § 600.730.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(h) Resist a lawful arrest for any act prohibited under the Magnuson-Stevens Act or any other statute administered by NOAA.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(l) Fail to report catches as required while fishing pursuant to an exempted fishing permit.</P> <P>(m) On a scientific research vessel, engage in fishing other than recreational fishing authorized by applicable state or Federal regulations.</P> <P>(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.</P> <P>(o) Harass or sexually harass an authorized officer or an observer.</P> <P>(p) Fail to submit to a USCG safety examination when required by NMFS pursuant to § 600.746.</P> <P>(q) Fail to display a Commercial Fishing Vessel Safety Examination decal or a valid certificate of compliance or inspection pursuant to § 600.746.</P> <P>(r) Fail to provide to an observer, a NMFS employee, or a designated observer provider information that has been requested pursuant to § 600.746, or <PRTPAGE P="72"/>fail to allow an observer, a NMFS employee, or a designated observer provider to inspect any item described at § 600.746.</P> <P>(s) Fish without an observer when the vessel is required to carry an observer.</P> <P>(t) Assault, oppose, impede, intimidate, or interfere with a NMFS-approved observer aboard a vessel.</P> <P>(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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 FR 27217; May 18, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.730</SECTNO> <SUBJECT>Facilitation of enforcement.</SUBJECT> <P>(a) <E T="03">General.</E> 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.</P> <P>(b) <E T="03">Communications.</E> (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.</P> <P>(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.</P> <P>(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.)</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">Boarding.</E> The operator of a vessel directed to stop must:</P> <P>(1) Guard Channel 16, VHF-FM, if so equipped.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(5) Take such other actions as necessary to facilitate boarding and to ensure the safety of the authorized officer and the boarding party.</P> <P>(d) <E T="03">Signals.</E> 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.)</P> <P>(1) “AA” repeated (.-.-) is the call to an unknown station. The operator of the signaled vessel should respond by <PRTPAGE P="73"/>identifying the vessel by radiotelephone or by illuminating the vessel's identification.</P> <P>(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.</P> <P>(3) “SQ3” (... —.- ...—) means “you should stop or heave to; I am going to board you.”</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 61 FR 37225, July 17, 1996; 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.735</SECTNO> <SUBJECT>Penalties.</SUBJECT> <P>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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.740</SECTNO> <SUBJECT>Enforcement policy.</SUBJECT> <P>(a) The Magnuson-Stevens Act provides four basic enforcement remedies for violations, in ascending order of severity, as follows:</P> <P>(1) Issuance of a citation (a type of warning), usually at the scene of the offense (see 15 CFR part 904, subpart E).</P> <P>(2) Assessment by the Administrator of a civil money penalty.</P> <P>(3) For certain violations, judicial forfeiture action against the vessel and its catch.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.745</SECTNO> <SUBJECT>Scientific research activity, exempted fishing, and exempted educational activity.</SUBJECT> <P>(a) <E T="03">Scientific research activity.</E> 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 <PRTPAGE P="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.</P> <P>(b) <E T="03">Exempted fishing.</E>—(1) <E T="03">General.</E> 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.</P> <P>(2) <E T="03">Application.</E> 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:</P> <P>(i) The date of the application.</P> <P>(ii) The applicant's name, mailing address, and telephone number.</P> <P>(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.</P> <P>(iv) For each vessel to be covered by the EFP, as soon as the information is available and before operations begin under the EFP:</P> <P>(A) A copy of the USCG documentation, state license, or registration of each vessel, or the information contained on the appropriate document.</P> <P>(B) The current name, address, and telephone number of the owner and master, if not included on the document provided for the vessel.</P> <P>(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.</P> <P>(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.</P> <P>(vii) The signature of the applicant.</P> <P>(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 <PRTPAGE P="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.</P> <P>(3) <E T="03">Issuance</E>. (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 <E T="04">Federal Register</E> 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:</P> <P>(A) The effect of the proposed EFP on the target and incidental species, including the effect on any TAC.</P> <P>(B) A citation of the regulation or regulations that, without the EFP, would prohibit the proposed activity.</P> <P>(C) Biological information relevant to the proposal, including appropriate statements of environmental impacts, including impacts on marine mammals and threatened or endangered species.</P> <P>(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.</P> <P>(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:</P> <P>(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</P> <P>(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</P> <P>(C) Issuance of the EFP would have economic allocation as its sole purpose; or</P> <P>(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</P> <P>(E) The applicant has failed to demonstrate a valid justification for the permit; or</P> <P>(F) The activity proposed under the EFP could create a significant enforcement problem.</P> <P>(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 <E T="04">Federal Register</E> describing the exempted fishing to be conducted under the EFP or the reasons for denial.<PRTPAGE P="76"/> </P> <P>(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:</P> <P>(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.</P> <P>(B) The number, size(s), name(s), and identification number(s) of the vessel(s) authorized to conduct fishing activities under the EFP.</P> <P>(C) The time(s) and place(s) where exempted fishing may be conducted.</P> <P>(D) The type, size, and amount of gear that may be used by each vessel operated under the EFP.</P> <P>(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.</P> <P>(F) Reasonable data reporting requirements.</P> <P>(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.</P> <P>(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.</P> <P>(4) <E T="03">Duration.</E> 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.</P> <P>(5) <E T="03">Alteration.</E> Any permit that has been altered, erased, or mutilated is invalid.</P> <P>(6) <E T="03">Transfer.</E> EFPs issued under this section are not transferable or assignable. An EFP is valid only for the vessel(s) for which it is issued.</P> <P>(7) <E T="03">Inspection.</E> 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.</P> <P>(8) <E T="03">Sanctions.</E> 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.</P> <P>(c) <E T="03">Reports.</E> (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.</P> <P>(2) Persons fishing under an EFP are required to report their catches to the appropriate Regional Administrator or Director, as specified in the EFP.</P> <P>(d) <E T="03">Exempted educational activities</E>—(1) <E T="03">General.</E> 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.</P> <P>(2) <E T="03">Application.</E> 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:</P> <P>(i) The date of the application.</P> <P>(ii) The applicant's name, mailing address, and telephone number.</P> <P>(iii) A brief statement of the purposes and goals of the exempted educational <PRTPAGE P="77"/>activity for which authorization is requested, including a general description of the arrangements for disposition of all species collected.</P> <P>(iv) Evidence that the sponsoring institution is a valid educational institution, such as accreditation by a recognized national or international accreditation body.</P> <P>(v) The scope and duration of the activity.</P> <P>(vi) For each vessel to be covered by the authorization:</P> <P>(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.</P> <P>(B) The current name, address, and telephone number of the owner and master, if not included on the document provided for the vessel.</P> <P>(vii) The species and amounts expected to be caught during the exempted educational activity.</P> <P>(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.</P> <P>(ix) The signature of the applicant.</P> <P>(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.</P> <P>(3) <E T="03">Issuance.</E> (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.</P> <P>(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:</P> <P>(A) The maximum amount of each regulated species that may be harvested.</P> <P>(B) The time(s) and place(s) where the exempted educational activity may be conducted.</P> <P>(C) The type, size, and amount of gear that may be used by each vessel operated under the authorization.</P> <P>(D) Reasonable data reporting requirements.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(4) <E T="03">Duration.</E> 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.</P> <P>(5) <E T="03">Alteration.</E> Any authorization that has been altered, erased, or mutilated is invalid.</P> <P>(6) <E T="03">Transfer.</E> Authorizations issued under this paragraph (d) are not transferable or assignable.</P> <P>(7) <E T="03">Inspection.</E> 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 <PRTPAGE P="78"/>allow covered fishing activities; however, fishing activities conducted outside the scope of an authorization for exempted educational activities are illegal.</P> <CITA>[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.746</SECTNO> <SUBJECT>Observers.</SUBJECT> <P>(a) <E T="03">Applicability</E>. 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 <E T="03">et</E> <E T="03">seq</E>.), the ATCA (16 U.S.C. 971 <E T="03">et</E> <E T="03">seq</E>.), the South Pacific Tuna Act of 1988 (16 U.S.C. 973 <E T="03">et</E> <E T="03">seq</E>.), or any other U.S. law.</P> <P>(b) <E T="03">Observer requirement</E>. 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.</P> <P>(c) <E T="03">Inadequate or unsafe vessels</E>. (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:</P> <P>(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;</P> <P>(ii) A certificate of compliance issued pursuant to 46 CFR 28.710; or</P> <P>(iii) A valid certificate of inspection pursuant to 46 U.S.C. 3311.</P> <P>(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.</P> <P>(3) <E T="03">Pre-trip safety check</E>. 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:</P> <P>(i) Personal flotation devices/immersion suits;</P> <P>(ii) Ring buoys;</P> <P>(iii) Distress signals;</P> <P>(iv) Fire extinguishing equipment;</P> <P>(v) Emergency position indicating radio beacon (EPIRB), when required; and</P> <P>(vi) Survival craft, when required.</P> <P>(d) <E T="03">Corrective measures</E>. 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:</P> <P>(1) Submit to and pass a USCG safety examination or inspection; or</P> <P>(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.</P> <P>(e) <E T="03">Timing</E>. 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.</P> <P>(f) <E T="03">Effect of inadequate or unsafe status</E>. 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.</P> <CITA>[63 FR 27217, May 18, 1998]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Fishery Negotiation Panels</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>62 FR 23669, May 1, 1997, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 600.750</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P> <E T="03">Consensus</E> means unanimous concurrence among the members on a Fishery <PRTPAGE P="79"/>Negotiation Panel established under this rule, unless such Panel:</P> <P>(1) Agrees to define such term to mean a general but not unanimous concurrence; or</P> <P>(2) agrees upon another specified definition.</P> <P> <E T="03">Fishery negotiation panel</E> (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.</P> <P> <E T="03">Interest</E> 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.</P> <P> <E T="03">Report</E> means a document submitted by an FNP in accordance with the Magnuson-Stevens Act.</P> <CITA>[62 FR 23669, May 1, 1997, as amended at 63 FR 7075, Feb. 12, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 600.751</SECTNO> <SUBJECT>Determination of need for a fishery negotiation panel.</SUBJECT> <P>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:</P> <P>(a) There is a need for specific fishery conservation and management measures.</P> <P>(b) There are a limited number of identifiable interests that will be significantly affected by the conservation and management measure.</P> <P>(c) There is a reasonable likelihood that an FNP can be convened with a balanced representation of persons who:</P> <P>(1) Can adequately represent the interests identified under paragraph (b) of this section.</P> <P>(2) Are willing to negotiate in good faith to reach a consensus on a report regarding the issues presented.</P> <P>(d) There is a reasonable likelihood that an FNP will reach</P> <P>a consensus on a report regarding the issues presented within 1 year from date of establishment of the FNP.</P> <P>(e) The use of an FNP will not unreasonably delay Council or NMFS fishery management plan development or rulemaking procedures.</P> <P>(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.</P> <P>(g) The Council or NMFS has adequate resources and is willing to commit such resources, including technical assistance, to an FNP.</P> <P>(h) The use of an FNP is in the public interest.</P> </SECTION> <SECTION> <SECTNO>§ 600.752</SECTNO> <SUBJECT>Use of conveners and facilitators.</SUBJECT> <P>(a) <E T="03">Purposes of conveners</E>. 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.</P> <P>(2) Identifying persons who will be significantly affected by the issues presented in paragraph (a)(1) of this section.</P> <P>(b) <E T="03">Duties of conveners</E>. 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.</P> <P>(c) <E T="03">Selection of facilitator</E>. 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 <PRTPAGE P="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.</P> <P>(d) <E T="03">Roles and duties of facilitator</E>. A facilitator shall:</P> <P>(1) Chair the meetings of the FNP in an impartial manner.</P> <P>(2) Impartially assist the members of the FNP in conducting discussions and negotiations.</P> <P>(3) Manage the keeping of minutes and records as required under section 10(b) and (c) of FACA.</P> </SECTION> <SECTION> <SECTNO>§ 600.753</SECTNO> <SUBJECT>Notice of intent to establish a fishery negotiation panel.</SUBJECT> <P>(a) <E T="03">Publication of notice</E>. 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 <E T="04">Federal Register</E> and, as appropriate, in trade or other specialized publications, a document that shall include:</P> <P>(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.</P> <P>(2) A description of the subject and scope of the conservation and management measure, and the issues to be considered.</P> <P>(3) A list of the interests that are likely to be significantly affected by the conservation and management measure.</P> <P>(4) A list of the persons proposed to represent such interests and the person or persons proposed to represent the Council or NMFS.</P> <P>(5) A proposed agenda and schedule for completing the work of the FNP.</P> <P>(6) A description of administrative support for the FNP to be provided by the Council or NMFS, including technical assistance.</P> <P>(7) A solicitation for comments on the proposal to establish the FNP, and the proposed membership of the FNP.</P> <P>(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.</P> <P>(b) <E T="03">Nomination of members and public comment</E>. 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:</P> <P>(1) The name of the applicant or nominee and a description of the interests such person shall represent.</P> <P>(2) Evidence that the applicant or nominee is authorized to represent parties related to the interests the person proposes to represent.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">Public comment</E>. The Council or NMFS shall provide at least 30 calendar days for the submission of comments and applications under this section.</P> </SECTION> <SECTION> <SECTNO>§ 600.754</SECTNO> <SUBJECT>Decision to establish a fishery negotiation panel.</SUBJECT> <P>(a) <E T="03">Determination to establish an FNP</E>. If, after considering comments and applications submitted under § 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.</P> <P>(b) <E T="03">Determination not to establish FNP</E>. 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 <E T="04">Federal Register</E> and, as appropriate, in trade or other specialized publications, a <PRTPAGE P="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.</P> </SECTION> <SECTION> <SECTNO>§ 600.755</SECTNO> <SUBJECT>Establishment of a fishery negotiation panel.</SUBJECT> <P>(a) <E T="03">General authority</E>. (1) A Council may establish an FNP to assist in the development of specific conservation and management measures for a fishery under its authority.</P> <P>(2) NMFS may establish an FNP to assist in the development of specific conservation and management measures required for:</P> <P>(i) A fishery for which the Secretary has authority under section 304(e)(5) of the Magnuson-Stevens Act, regarding rebuilding of overfished fisheries;</P> <P>(ii) A fishery for which the Secretary has authority under 16 U.S.C. section 304(g), regarding highly migratory species; or</P> <P>(iii) Any fishery with the approval of the appropriate Council.</P> <P>(b) <E T="03">Federal Advisory Committee Act (FACA)</E> In establishing and administering such an FNP, the Council or NMFS shall comply with the FACA with respect to such FNP.</P> <P>(c) <E T="03">Balance</E>. 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.</P> <P>(d) <E T="03">Membership</E>. 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.</P> </SECTION> <SECTION> <SECTNO>§ 600.756</SECTNO> <SUBJECT>Conduct and operation of a fishery negotiation panel.</SUBJECT> <P>(a) <E T="03">Roles and duties of an FNP</E>. 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.</P> <P>(b) <E T="03">Roles and duties of representative of the council or NMFS</E>. 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.</P> </SECTION> <SECTION> <SECTNO>§ 600.757</SECTNO> <SUBJECT>Operational protocols.</SUBJECT> <P>(a) <E T="03">Services of conveners and facilitators</E>. 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 § 600.755, or may use the services of a government employee to act as a convener or a facilitator for such an FNP.</P> <P>(b) <E T="03">Councils</E>. For an FNP proposed and established by one or more Councils approved expenses shall be paid out of the Council's operating budget.</P> <P>(c) <E T="03">Expenses of FNP members</E>. 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:</P> <P>(1) Such member certifies a lack of adequate financial resources to participate in the FNP.</P> <P>(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.</P> <P>(d) <E T="03">Administrative support</E>. The Council or NMFS shall provide appropriate administrative support to an FNP including technical assistance.</P> </SECTION> <SECTION> <PRTPAGE P="82"/> <SECTNO>§ 600.758</SECTNO> <SUBJECT>Preparation of report.</SUBJECT> <P>(a) At the conclusion of the negotiations, an FNP may submit a report. Such report shall specify:</P> <P>(1) All the areas where consensus was reached by the FNP, including, if appropriate, proposed conservation and management measures.</P> <P>(2) Any other information submitted by members of the FNP.</P> <P>(b) Upon receipt of the report, the Council or NMFS shall publish such report in the <E T="04">Federal Register</E> for public comment.</P> </SECTION> <SECTION> <SECTNO>§ 600.759</SECTNO> <SUBJECT>Use of report.</SUBJECT> <P>A Council or NMFS may, at its discretion, use all or a part of a report prepared in accordance with § 600.758 in the development of conservation and management measures. Neither a Council nor NMFS, whichever is appropriate, is required to use such report.</P> </SECTION> <SECTION> <SECTNO>§ 600.760</SECTNO> <SUBJECT>Fishery Negotiation Panel lifetime.</SUBJECT> <P>(a) An FNP shall terminate upon either:</P> <P>(1) Submission of a report prepared in accordance with § 600.758; or</P> <P>(2) Submission of a written statement from the FNP to the Council or NMFS that no consensus can be reached.</P> <P>(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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Essential Fish Habitat (EFH)</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>62 FR 66551, Dec. 19, 1997, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 600.805</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <P>(a) <E T="03">Purpose.</E> 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.</P> <P>(b) <E T="03">Scope</E>—(1) <E T="03">Species covered.</E> 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.</P> <P>(2) <E T="03">Geographic.</E> 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 § 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.</P> </SECTION> <SECTION> <SECTNO>§ 600.810</SECTNO> <SUBJECT>Definitions and word usage.</SUBJECT> <P>(a) <E T="03">Definitions.</E> In addition to the definitions in the Magnuson-Stevens Act and § 600.10, the terms in this subpart have the following meanings:</P> <P> <E T="03">Adverse effect</E> 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.</P> <P> <E T="03">Council</E> includes the Secretary, as applicable, when preparing Secretarial FMPs or amendments under sections 304(c) and (g) of the Magnuson-Stevens Act.</P> <P> <E T="03">Ecosystem</E> means communities of organisms interacting with one another and with the chemical and physical factors making up their environment.</P> <P> <E T="03">Habitat areas of particular concern</E> means those areas of EFH identified pursuant to § 600.815(a)(9).<PRTPAGE P="83"/> </P> <P> <E T="03">Healthy ecosystem</E> 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.</P> <P> <E T="03">Overfished</E> means any stock or stock complex, the status of which is reported as overfished by the Secretary pursuant to § 304(e)(1) of the Magnuson-Stevens Act.</P> <P>(b) <E T="03">Word usage.</E> The terms “must”, “shall”, “should”, “may”, “may not”, “will”, “could”, and “can”, are used in the same manner as in § 600.305(c).</P> </SECTION> <SECTION> <SECTNO>§ 600.815</SECTNO> <SUBJECT>Contents of Fishery Management Plans.</SUBJECT> <P>(a) <E T="03">Mandatory contents</E>—(1) <E T="03">Habitat requirements by life history stage.</E> 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.</P> <P>(2) <E T="03">Description and identification of EFH</E>—(i) <E T="03">Information requirements.</E> (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.</P> <P>(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.</P> <P>(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).</P> <P>(<E T="03">1</E>) <E T="03">Level 1: Presence/absence distribution data are available for some or all portions of the geographic range of the species.</E> 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.</P> <P>(<E T="03">2</E>) <E T="03">Level 2: Habitat-related densities of the species are available.</E> 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. <PRTPAGE P="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.</P> <P>(<E T="03">3</E>) <E T="03">Level 3: Growth, reproduction, or survival rates within habitats are available.</E> 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).</P> <P>(<E T="03">4</E>) <E T="03">Level 4: Production rates by habitat are available.</E> 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.</P> <P>(ii) <E T="03">EFH determination.</E> (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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(iii) <E T="03">EFH Mapping Requirements.</E> The general distribution and geographic limits of EFH for each life history stage should be presented in FMPs in <PRTPAGE P="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.</P> <P>(3) <E T="03">Fishing activities that may adversely affect EFH.</E> (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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(4) <E T="03">Options for managing adverse effects from fishing.</E> Fishery management options may include, but are not limited to:</P> <P>(i) <E T="03">Fishing equipment restrictions.</E> 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.</P> <P>(ii) <E T="03">Time/area closures.</E> 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 <PRTPAGE P="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.</P> <P>(iii) <E T="03">Harvest limits.</E> 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.</P> <P>(5) <E T="03">Identification of Non-fishing related activities that may adversely affect EFH.</E> 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.</P> <P>(6) <E T="03">Cumulative impacts analysis—</E>(i) <E T="03">Analysis.</E> 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.</P> <P>(ii) <E T="03">Cumulative impacts from fishing.</E> 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.</P> <P>(iii) <E T="03">Mapping cumulative impacts.</E> 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.</P> <P>(iv) <E T="03">Research needs.</E> 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.</P> <P>(7) <E T="03">Conservation and enhancement—</E>(i) <E T="03">Contents of FMPs.</E> 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.</P> <P>(ii) <E T="03">General conservation and enhancement recommendations.</E> Generally, non-<PRTPAGE P="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.</P> <P>(iii) <E T="03">Conservation and enhancement options.</E> FMPs should provide a variety of options to conserve or enhance EFH, which may include, but are not limited to:</P> <P>(A) <E T="03">Enhancement of rivers, streams, and coastal areas.</E> 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.</P> <P>(B) <E T="03">Water quality and quantity.</E> 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.</P> <P>(C) <E T="03">Watershed analysis and planning.</E> 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.</P> <P>(D) <E T="03">Habitat creation.</E> 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.</P> <P>(8) <E T="03">Prey species.</E> 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.</P> <P>(9) <E T="03">Identification of habitat areas of particular concern.</E> FMPs should identify habitat areas of particular concern within EFH. In determining whether a type, or area of EFH is a habitat area <PRTPAGE P="88"/>of particular concern, one or more of the following criteria must be met:</P> <P>(i) The importance of the ecological function provided by the habitat.</P> <P>(ii) The extent to which the habitat is sensitive to human-induced environmental degradation.</P> <P>(iii) Whether, and to what extent, development activities are, or will be, stressing the habitat type.</P> <P>(iv) The rarity of the habitat type.</P> <P>(10) <E T="03">Research and information needs.</E> 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.</P> <P>(11) <E T="03">Review and revision of EFH components of FMPs.</E> 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 § 600.315(e). A complete review of information should be conducted as recommended by the Secretary, but at least once every 5 years.</P> <P>(b) <E T="03">Optional components.</E> 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.</P> <P>(c) <E T="03">Development of EFH recommendations.</E> 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).<PRTPAGE P="89"/> </P> <P>(d) <E T="03">Relationship to other fishery management authorities.</E> 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.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart K—EFH Coordination, Consultation, and Recommendations</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>62 FR 66555, Dec. 19, 1997, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 600.905</SECTNO> <SUBJECT>Purpose and scope and NMFS/Council cooperation.</SUBJECT> <P>(a) <E T="03">Purpose.</E> 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.</P> <P>(b) <E T="03">Scope.</E> 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.</P> <P>(c) <E T="03">Cooperation between Councils and NMFS.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 600.910</SECTNO> <SUBJECT>Definitions and word usage.</SUBJECT> <P>(a) <E T="03">Definitions.</E> In addition to the definitions in the Magnuson-Stevens Act and § 600.10, the terms in this subpart have the following meanings:</P> <P> <E T="03">Adverse effect</E> 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.</P> <P> <E T="03">Council</E> 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.</P> <P> <E T="03">Federal action</E> means any action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken by a Federal agency.</P> <P> <E T="03">Habitat areas of particular concern</E> means those areas of EFH identified pursuant to § 600.815(a)(9).<PRTPAGE P="90"/> </P> <P> <E T="03">State action</E> means any action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken by a state agency.</P> <P>(b) <E T="03">Word usage.</E> The terms “must”, “shall”, “should”, “may”, “may not”, “will”, “could”, and “can”, are used in the same manner as in § 600.305(c).</P> </SECTION> <SECTION> <SECTNO>§ 600.915</SECTNO> <SUBJECT>Coordination for the conservation and enhancement of EFH.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 600.920</SECTNO> <SUBJECT>Federal agency consultation with the Secretary.</SUBJECT> <P>(a) <E T="03">Consultation generally</E>—(1) <E T="03">Actions requiring consultation.</E> 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.</P> <P>(2) <E T="03">Appropriate level of consultation.</E> (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.</P> <P>(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.</P> <P>(b) <E T="03">Designation of lead agency.</E> 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.</P> <P>(c) <E T="03">Designation of non-Federal representative.</E> 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 <PRTPAGE P="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.</P> <P>(d) <E T="03">Best available information.</E> 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.</P> <P>(e) <E T="03">Use of existing consultation/environmental review procedures</E>—(1) <E T="03">Criteria.</E> 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:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(2) <E T="03">EFH conservation recommendation requirements.</E> 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.</P> <P>(3) <E T="03">NMFS finding.</E> 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.<PRTPAGE P="92"/> </P> <P>(f) <E T="03">General Concurrence</E>—(1) <E T="03">Purpose.</E> 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.</P> <P>(2) <E T="03">Criteria.</E> (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:</P> <P>(A) The actions must be similar in nature and similar in their impact on EFH.</P> <P>(B) The actions must not cause greater than minimal adverse effects on EFH when implemented individually.</P> <P>(C) The actions must not cause greater than minimal cumulative adverse effects on EFH.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(3) <E T="03">General Concurrence development.</E> 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.</P> <P>(4) <E T="03">Notification and further consultation.</E> 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.</P> <P>(5) <E T="03">Public review.</E> Prior to providing any Federal agency with a written statement of General Concurrence for a category of Federal actions, NMFS will <PRTPAGE P="93"/>provide an opportunity for public review through the appropriate Council(s), or other reasonable opportunity for public review.</P> <P>(6) <E T="03">Revisions.</E> NMFS will periodically review and revise its findings of General Concurrence, as appropriate.</P> <P>(g) <E T="03">EFH Assessments</E>—(1) <E T="03">Preparation requirement.</E> 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.</P> <P>(2) <E T="03">Mandatory contents.</E> The assessment must contain:</P> <P>(i) A description of the proposed action.</P> <P>(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.</P> <P>(iii) The Federal agency's views regarding the effects of the action on EFH.</P> <P>(iv) Proposed mitigation, if applicable.</P> <P>(3) <E T="03">Additional information.</E> If appropriate, the assessment should also include:</P> <P>(i) The results of an on-site inspection to evaluate the habitat and the site-specific effects of the project.</P> <P>(ii) The views of recognized experts on the habitat or species that may be affected.</P> <P>(iii) A review of pertinent literature and related information.</P> <P>(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.</P> <P>(v) Other relevant information.</P> <P>(4) <E T="03">Incorporation by reference.</E> 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.</P> <P>(h) <E T="03">Abbreviated consultation procedures</E>—(1) <E T="03">Purpose and criteria.</E> 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.</P> <P>(2) <E T="03">Notification by agency.</E> 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.</P> <P>(3) <E T="03">Submittal of EFH Assessment.</E> 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.<PRTPAGE P="94"/> </P> <P>(4) <E T="03">NMFS response to Federal agency.</E> 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.</P> <P>(5) <E T="03">Timing.</E> 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.</P> <P>(i) <E T="03">Expanded consultation procedures</E>—(1) <E T="03">Purpose and criteria.</E> 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.</P> <P>(2) <E T="03">Initiation.</E> 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.</P> <P>(3) <E T="03">NMFS response to Federal agency.</E> NMFS will:</P> <P>(i) Review the EFH Assessment, any additional information furnished by the Federal agency, and other relevant information.</P> <P>(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.</P> <P>(iii) Coordinate its review of the proposed action with the appropriate Council(s).</P> <P>(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).</P> <P>(4) <E T="03">Timing.</E> 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.</P> <P>(5) <E T="03">Extension of consultation.</E> 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, <PRTPAGE P="95"/>NMFS must provide EFH conservation recommendations to the Federal action agency using the best scientific information available to NMFS.</P> <P>(j) <E T="03">Responsibilities of Federal action agency following receipt of EFH conservation recommendations</E>—(1) <E T="03">Federal action agency response.</E> 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.</P> <P>(2) <E T="03">Further review of decisions inconsistent with NMFS or Council recommendations.</E> 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.</P> <P>(k) <E T="03">Supplemental consultation.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 600.925</SECTNO> <SUBJECT>NMFS EFH conservation recommendations to Federal and state agencies.</SUBJECT> <P>(a) <E T="03">General.</E> 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.</P> <P>(b) <E T="03">Recommendations to Federal agencies.</E> For Federal actions, EFH conservation recommendations will be provided to Federal action agencies as part of EFH consultations conducted pursuant to § 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).</P> <P>(c) <E T="03">Recommendations to state agencies</E>—(1) <E T="03">Establishment of procedures.</E> 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).<PRTPAGE P="96"/> </P> <P>(2) <E T="03">Coordination with states on recommendations to Federal agencies.</E> 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 § 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.</P> </SECTION> <SECTION> <SECTNO>§ 600.930</SECTNO> <SUBJECT>Council comments and recommendations to Federal and state agencies.</SUBJECT> <P>(a) <E T="03">Establishment of procedures.</E> 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.</P> <P>(b) <E T="03">Early involvement.</E> 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.</P> <P>(c) <E T="03">Anadromous fishery resources.</E> 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.</P> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 622</EAR> <HD SOURCE="HED">PART 622—FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECHD>Sec.</SECHD> <SECTNO>622.1</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <SECTNO>622.2</SECTNO> <SUBJECT>Definitions and acronyms.</SUBJECT> <SECTNO>622.3</SECTNO> <SUBJECT>Relation to other laws and regulations.</SUBJECT> <SECTNO>622.4</SECTNO> <SUBJECT>Permits and fees.</SUBJECT> <SECTNO>622.5</SECTNO> <SUBJECT>Recordkeeping and reporting.</SUBJECT> <SECTNO>622.6</SECTNO> <SUBJECT>Vessel and gear identification.</SUBJECT> <SECTNO>622.7</SECTNO> <SUBJECT>Prohibitions.</SUBJECT> <SECTNO>622.8</SECTNO> <SUBJECT>At-sea observer coverage.</SUBJECT> <SECTNO>622.9</SECTNO> <SUBJECT>Gulf shrimp interim measures.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Effort Limitations</HD> <SECTNO>622.15</SECTNO> <SUBJECT>Wreckfish individual transferable quota (ITQ) system.</SUBJECT> <SECTNO>622.16</SECTNO> <SUBJECT>Red snapper individual transferable quota (ITQ) system.</SUBJECT> <SECTNO>622.17</SECTNO> <SUBJECT>South Atlantic golden crab controlled access.</SUBJECT> <SECTNO>622.18</SECTNO> <SUBJECT>South Atlantic snapper-grouper limited access.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Management Measures</HD> <SECTNO>622.30</SECTNO> <SUBJECT>Fishing years.</SUBJECT> <SECTNO>622.31</SECTNO> <SUBJECT>Prohibited gear and methods.</SUBJECT> <SECTNO>622.32</SECTNO> <SUBJECT>Prohibited and limited-harvest species.</SUBJECT> <SECTNO>622.33</SECTNO> <SUBJECT>Caribbean EEZ seasonal and/or area closures.</SUBJECT> <SECTNO>622.34</SECTNO> <SUBJECT>Gulf EEZ seasonal and/or area closures.</SUBJECT> <SECTNO>622.35</SECTNO> <SUBJECT>South Atlantic EEZ seasonal and/or area closures.</SUBJECT> <SECTNO>622.36</SECTNO> <SUBJECT>Seasonal harvest limitations.</SUBJECT> <SECTNO>622.37</SECTNO> <SUBJECT>Minimum sizes.</SUBJECT> <SECTNO>622.38</SECTNO> <SUBJECT>Landing fish intact.</SUBJECT> <SECTNO>622.39</SECTNO> <SUBJECT>Bag and possession limits.</SUBJECT> <SECTNO>622.40</SECTNO> <SUBJECT>Limitations on traps and pots.</SUBJECT> <SECTNO>622.41</SECTNO> <SUBJECT>Species specific limitations.</SUBJECT> <SECTNO>622.42</SECTNO> <SUBJECT>Quotas.</SUBJECT> <SECTNO>622.43</SECTNO> <SUBJECT>Closures.</SUBJECT> <SECTNO>622.44</SECTNO> <SUBJECT>Commercial trip limits.</SUBJECT> <SECTNO>622.45</SECTNO> <SUBJECT>Restrictions on sale/purchase.</SUBJECT> <SECTNO>622.46</SECTNO> <SUBJECT>Prevention of gear conflicts.</SUBJECT> <SECTNO>622.47</SECTNO> <SUBJECT>Gulf groundfish trawl fishery.</SUBJECT> <SECTNO>622.48</SECTNO> <SUBJECT>Adjustment of management measures.</SUBJECT> <APP>Appendix A to Part 622—Species Tables</APP> <APP>Appendix B to Part 622—Gulf Areas</APP> <APP>Appendix C to Part 622—<E T="04">Fish Length Measurements</E> </APP> <APP>Appendix D to Part 622—<E T="04">Specifications for Certified BRDs</E> </APP> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>16 U.S.C. 1801 <E T="03">et seq.</E> </P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>61 FR 34934, July 3, 1996, unless otherwise noted.</P> </SOURCE> <SUBPART> <PRTPAGE P="97"/> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 622.1</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <P>(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.</P> <P>(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.</P> <GPOTABLE CDEF="s100,xls90,r100" COLS="3" OPTS="L2,i1"> <TTITLE>Table 1.—FMPs Implemented Under Part 622</TTITLE> <BOXHD> <CHED H="1">FMP title</CHED> <CHED H="1">Responsible fishery management council(s)</CHED> <CHED H="1">Geographical area</CHED> </BOXHD> <ROW> <ENT I="11">Atlantic Coast Red Drum FMP </ENT> <ENT>SAFMC </ENT> <ENT>Mid-Atlantic and South Atlantic.</ENT> </ROW> <ROW> <ENT I="01">FMP for Coastal Migratory Pelagic Resources </ENT> <ENT>GMFMC/SAFMC </ENT> <ENT>Gulf,<SU>1</SU> Mid-Atlantic <E T="51">1,2</E> and South Atlantic.<E T="51">1,&thnsp≧3</E> </ENT> </ROW> <ROW> <ENT I="01">FMP for Coral and Coral Reefs of the Gulf of Mexico </ENT> <ENT>GMFMC </ENT> <ENT>Gulf.</ENT> </ROW> <ROW> <ENT I="01">FMP for Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region </ENT> <ENT>SAFMC </ENT> <ENT>South Atlantic.</ENT> </ROW> <ROW> <ENT I="01">FMP for Corals and Reef Associated Plants and Invertebrates of Puerto Rico and the U.S. Virgin Islands </ENT> <ENT>CFMC </ENT> <ENT>Caribbean.</ENT> </ROW> <ROW> <ENT I="01">FMP for the Golden Crab Fishery of the South Atlantic Region </ENT> <ENT>SAFMC </ENT> <ENT>South Atlantic</ENT> </ROW> <ROW> <ENT I="01">FMP for Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands </ENT> <ENT>CFMC </ENT> <ENT>Caribbean.</ENT> </ROW> <ROW> <ENT I="01">FMP for the Red Drum Fishery of the Gulf of Mexico </ENT> <ENT>GMFMC </ENT> <ENT>Gulf.<E T="51">1</E> </ENT> </ROW> <ROW> <ENT I="01">FMP for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands </ENT> <ENT>CFMC </ENT> <ENT>Caribbean.</ENT> </ROW> <ROW> <ENT I="01">FMP for the Reef Fish Resources of the Gulf of Mexico </ENT> <ENT>GMFMC </ENT> <ENT>Gulf.<E T="51">1</E> </ENT> </ROW> <ROW> <ENT I="01">FMP for the Shrimp Fishery of the Gulf of Mexico </ENT> <ENT>GMFMC </ENT> <ENT>Gulf.<E T="51">1</E> </ENT> </ROW> <ROW> <ENT I="01">FMP for the Shrimp Fishery of the South Atlantic Region </ENT> <ENT>SAFMC </ENT> <ENT>South Atlantic.</ENT> </ROW> <ROW> <ENT I="01">FMP for the Snapper-Grouper Fishery of the South Atlantic Region </ENT> <ENT>SAFMC </ENT> <ENT>South Atlantic.<E T="51">1,&thnsp≧4</E> </ENT> </ROW> <ROW> <ENT I="01">FMP for the Spiny Lobster Fishery of Puerto Rico and the U.S. Virgin Islands </ENT> <ENT>CFMC </ENT> <ENT>Caribbean.</ENT> </ROW> <TNOTE> <SU>1</SU> Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.</TNOTE> <TNOTE> <SU>2</SU> Only king and Spanish mackerel and cobia are managed under the FMP in the Mid-Atlantic.</TNOTE> <TNOTE> <SU>3</SU> Bluefish are not managed under the FMP in the South Atlantic.</TNOTE> <TNOTE> <SU>4</SU> Bank, rock, and black sea bass and scup are not managed by the FMP or regulated by this part north of 35°15.3′ N. lat., the latitude of Cape Hatteras Light, NC.</TNOTE> </GPOTABLE> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 622.2</SECTNO> <SUBJECT>Definitions and acronyms.</SUBJECT> <P>In addition to the definitions in the Magnuson Act and in § 600.10 of this chapter, and the acronyms in § 600.15 of this chapter, the terms and acronyms used in this part have the following meanings:</P> <P> <E T="03">Allowable chemical</E> 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).</P> <P> <E T="03">Allowable octocoral</E> means an erect, nonencrusting species of the subclass Octocorallia, except the seafans <E T="03">Gorgonia flabellum</E> and <E T="03">G. ventalina</E>, plus the attached substrate within 1 inch (2.54 cm) of an allowable octocoral. </P> <NOTE> <HD SOURCE="HED">Note:</HD> <P>An erect, nonencrusting species of the subclass Octocorallia, except the seafans <E T="03">Gorgonia flabellum</E> and <E T="03">G. ventalina</E>, with attached substrate exceeding 1 inch (2.54 cm) is considered to be live rock and not allowable octocoral.</P> </NOTE> <PRTPAGE P="98"/> <P> <E T="03">Aquacultured live rock</E> means live rock that is harvested under a Federal aquacultured live rock permit, as required under § 622.4(a)(3)(iii).</P> <P> <E T="03">Authorized statistical reporting agent</E> means:</P> <P>(1) Any person so designated by the SRD; or</P> <P>(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.</P> <P> <E T="03">Automatic reel</E> 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.</P> <P> <E T="03">Bandit gear</E> 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.</P> <P> <E T="03">BRD</E> means bycatch reduction device.</P> <P> <E T="03">Buoy gear</E> 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.</P> <P> <E T="03">Carapace length</E> 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.)</P> <P> <E T="03">Caribbean</E> means the Caribbean Sea around Puerto Rico and the U.S. Virgin Islands.</P> <P> <E T="03">Caribbean conch resource</E> means one or more of the following species, or a part thereof:</P> <P>(1) Atlantic triton's trumpet, <E T="03">Charonia variegata.</E> </P> <P>(2) Cameo helmet, <E T="03">Cassis madagascarensis.</E> </P> <P>(3) Caribbean helmet, <E T="03">Cassis tuberosa.</E> </P> <P>(4) Caribbean vase, <E T="03">Vasum muricatum.</E> </P> <P>(5) Flame helmet, <E T="03">Cassis flammea.</E> </P> <P>(6) Green star shell, <E T="03">Astrea tuber.</E> </P> <P>(7) Hawkwing conch, <E T="03">Strombus raninus.</E> </P> <P>(8) Milk conch, <E T="03">Strombus costatus.</E> </P> <P>(9) Queen conch, <E T="03">Strombus gigus.</E> </P> <P>(10) Roostertail conch, <E T="03">Strombus gallus.</E> </P> <P>(11) True tulip, <E T="03">Fasciolaria tulipa.</E> </P> <P>(12) West Indian fighting conch, <E T="03">Strombus pugilis.</E> </P> <P>(13) Whelk (West Indian top shell), <E T="03">Cittarium pica.</E> </P> <P> <E T="03">Caribbean coral reef resource</E> 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.</P> <P> <E T="03">Caribbean prohibited coral</E> 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.</P> <P> <E T="03">Caribbean reef fish</E> means one or more of the species, or a part thereof, listed in Table 2 in Appendix A of this part.</P> <P> <E T="03">Caribbean spiny lobster</E> means the species <E T="03">Panulirus argus,</E> or a part thereof.</P> <P> <E T="03">CFMC</E> means the Caribbean Fishery Management Council.</P> <P> <E T="03">Charter vessel</E> 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 § 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.</P> <P> <E T="03">Coastal migratory pelagic fish</E> means one or more of the following species, or a part thereof:</P> <P>(1) Bluefish, <E T="03">Pomatomus saltatrix</E> (Gulf of Mexico only).</P> <P>(2) Cero, <E T="03">Scomberomorus regalis.</E> </P> <P>(3) Cobia, <E T="03">Rachycentron canadum.</E> </P> <P>(4) Dolphin, <E T="03">Coryphaena hippurus</E> </P> <P>(5) King mackerel, <E T="03">Scomberomorus cavalla.</E> </P> <P>(6) Little tunny, <E T="03">Euthynnus alletteratus.</E> </P> <P>(7) Spanish mackerel, <E T="03">Scomberomorus maculatus.</E> <PRTPAGE P="99"/> </P> <P> <E T="03">Coral area</E> 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.</P> <P> <E T="03">Dealer</E>, in addition to the definition specified in § 600.10 of this chapter, means the person who first receives rock shrimp harvested from the EEZ upon transfer ashore.</P> <P> <E T="03">Drift gillnet</E>, 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.</P> <P> <E T="03">Fish trap</E> means—</P> <P>(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.</P> <P>(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).</P> <P>(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).</P> <P> <E T="03">Fork length</E> 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.)</P> <P> <E T="03">Golden crab</E> means the species <E T="03">Chaceon fenneri,</E> or a part thereof.</P> <P> <E T="03">Golden crab trap</E> 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.</P> <P> <E T="03">GMFMC</E> means the Gulf of Mexico Fishery Management Council.</P> <P> <E T="03">Gulf</E> means the Gulf of Mexico. The line of demarcation between the Atlantic Ocean and the Gulf of Mexico is specified in § 600.105(c) of this chapter.</P> <P> <E T="03">Gulf reef fish</E> means one or more of the species, or a part thereof, listed in Table 3 in Appendix A of this part.</P> <P> <E T="03">Gulf and South Atlantic prohibited coral</E> means, in the Gulf and South Atlantic, one or more of the following, or a part thereof:</P> <P>(1) Coral belonging to the Class Hydrozoa (fire corals and hydrocorals).</P> <P>(2) Coral belonging to the Class Anthozoa, Subclass Hexacorallia, Orders Scleractinia (stony corals) and Antipatharia (black corals).</P> <P>(3) A seafan, <E T="03">Gorgonia flabellum</E> or <E T="03">G. ventalina.</E> </P> <P>(4) Coral in a coral reef, except for allowable octocoral.</P> <P>(5) Coral in an HAPC, including allowable octocoral.</P> <P> <E T="03">Handline</E> means a line with attached hook(s) that is tended directly by hand.</P> <P> <E T="03">HAPC</E> means habitat area of particular concern.</P> <P> <E T="03">Headboat</E> 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 § 622.4(a)(2), is considered to be operating as a headboat when it carries a passenger who pays a fee or—</P> <P>(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</P> <P>(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.</P> <P> <E T="03">Headrope length</E> 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.<PRTPAGE P="100"/> </P> <P> <E T="03">Hook-and-line gear</E> means automatic reel, bandit gear, buoy gear, handline, longline, and rod and reel.</P> <P> <E T="03">Live rock</E> means living marine organisms, or an assemblage thereof, attached to a hard substrate, including dead coral or rock (excluding individual mollusk shells).</P> <P> <E T="03">Long gillnet</E> means a gillnet that has a float line that is more than 1,000 yd (914 m) in length.</P> <P> <E T="03"> Longline</E> 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.</P> <P> <E T="03">MAFMC</E> means the Mid-Atlantic Fishery Management Council.</P> <P> <E T="03">Mid-Atlantic</E> 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 § 600.105(a) of this chapter, to the boundary between the MAFMC and the SAFMC, as specified in § 600.105(b) of this chapter.</P> <P> <E T="03">Migratory group,</E> 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:</P> <P>(1) <E T="03">King mackerel—</E>(i) <E T="03">Summer separation.</E> From April 1 through October 31, the boundary separating the Gulf and Atlantic migratory groups of king mackerel is 25°48′ N. lat., which is a line directly west from the Monroe/Collier County, FL, boundary to the outer limit of the EEZ.</P> <P>(ii) <E T="03">Winter separation.</E> From November 1 through March 31, the boundary separating the Gulf and Atlantic migratory groups of king mackerel is 29°25′ N. lat., which is a line directly east from the Volusia/Flagler County, FL, boundary to the outer limit of the EEZ.</P> <P>(2) <E T="03">Spanish mackerel.</E> The boundary separating the Gulf and Atlantic migratory groups of Spanish mackerel is 25°20.4′ N. lat., which is a line directly east from the Dade/Monroe County, FL, boundary to the outer limit of the EEZ.</P> <P> <E T="03">Off Florida</E> means the waters in the Gulf and South Atlantic from 30°42′45.6″ N. lat., which is a line directly east from the seaward terminus of the Georgia/Florida boundary, to 87°31′06″ W. long., which is a line directly south from the Alabama/Florida boundary.</P> <P> <E T="03">Off Georgia</E> means the waters in the South Atlantic from a line extending in a direction of 104° from true north from the seaward terminus of the South Carolina/Georgia boundary to 30°42′45.6″ N. lat., which is a line directly east from the seaward terminus of the Georgia/Florida boundary.</P> <P> <E T="03">Off Louisiana, Mississippi, and Alabama</E> means the waters in the Gulf other than off Florida and off Texas.</P> <P> <E T="03">Off North Carolina</E> means the waters in the South Atlantic from 36°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°34′55″ from true north from the North Carolina/South Carolina boundary, as marked by the border station on Bird Island at 33°51′07.9″ N. lat., 78°32′32.6″ W. long.</P> <P> <E T="03">Off South Carolina</E> means the waters in the South Atlantic from a line extending in a direction of 135°34′55″ from true north from the North Carolina/South Carolina boundary, as marked by the border station on Bird Island at 33°51′07.9″ N. lat., 78′32′32.6″ W. long., to a line extending in a direction of 104° from true north from the seaward terminus of the South Carolina/Georgia boundary.</P> <P> <E T="03">Off Texas</E> means the waters in the Gulf west of a rhumb line from 29°32.1′ N. lat., 93°47.7′ W. long. to 26°11.4′ N. lat., 92°53′ W. long., which line is an extension of the boundary between Louisiana and Texas.</P> <P> <E T="03">Penaeid shrimp trawler</E> 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.</P> <P> <E T="03">Powerhead</E> means any device with an explosive charge, usually attached to a <PRTPAGE P="101"/>speargun, spear, pole, or stick, that fires a projectile upon contact.</P> <P> <E T="03">Processor</E> means a person who processes fish or fish products, or parts thereof, for commercial use or consumption.</P> <P> <E T="03">Purchase</E> means the act or activity of buying, trading, or bartering, or attempting to buy, trade, or barter.</P> <P> <E T="03">Red drum,</E> also called redfish, means <E T="03">Sciaenops ocellatus,</E> or a part thereof.</P> <P> <E T="03">Red snapper</E> means <E T="03">Lutjanus campechanus,</E> or a part thereof, one of the Gulf reef fish species.</P> <P> <E T="03">Regional Director (RD),</E> for the purposes of this part, means the Director, Southeast Region, NMFS (see Table 1 of § 600.502 of this chapter).</P> <P> <E T="03">Rod and reel</E> 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.</P> <P> <E T="03"> Run-around gillnet</E> means a gillnet, other than a long gillnet, that, when used, encloses an area of water.</P> <P> <E T="03">SAFMC</E> means the South Atlantic Fishery Management Council.</P> <P> <E T="03">Sale</E> or <E T="03">sell</E> means the act or activity of transferring property for money or credit, trading, or bartering, or attempting to so transfer, trade, or barter.</P> <P> <E T="03">Science and Research Director (SRD)</E>, for the purposes of this part, means the Science and Research Director, Southeast Fisheries Science Center, NMFS (see Table 1 of § 600.502 of this chapter).</P> <P> <E T="03">Sea bass pot</E> means a trap has six rectangular sides and does not exceed 25 inches (63.5 cm) in height, width, or depth.</P> <P> <E T="03">Shrimp</E> means one or more of the following species, or a part thereof:</P> <P>(1) Brown shrimp, <E T="03">Penaeus aztecus.</E> </P> <P>(2) Pink shrimp, <E T="03">Penaeus duorarum.</E> </P> <P>(3) Rock shrimp, <E T="03">Sicyonia brevirostris.</E> </P> <P>(4) Royal red shrimp, <E T="03">Pleoticus robustus.</E> </P> <P>(5) Seabob shrimp, <E T="03">Xiphopenaeus kroyeri.</E> </P> <P>(6) White shrimp, <E T="03">Penaeus setiferus.</E> </P> <P> <E T="03">Shrimp trawler</E> 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.</P> <P> <E T="03">SMZ</E> means special management zone.</P> <P> <E T="03">South Atlantic</E> means the Atlantic Ocean off the Atlantic coastal states from the boundary between the MAFMC and the SAFMC, as specified in § 600.105(b) of this chapter, to the line of demarcation between the Atlantic Ocean and the Gulf of Mexico, as specified in § 600.105(c) of this chapter.</P> <P> <E T="03">South Atlantic snapper-grouper</E> means one or more of the species, or a part thereof, listed in Table 4 in Appendix A of this part.</P> <P> <E T="03">Stab net</E> means a gillnet, other than a long gillnet, or trammel net whose weight line sinks to the bottom and submerges the float line.</P> <P> <E T="03">Total length (TL)</E>, 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.)</P> <P> <E T="03">Toxic chemical</E> means any substance, other than an allowable chemical, that, when introduced into the water, can stun, immobilize, or take marine life.</P> <P> <E T="03">Trammel net</E> 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.</P> <P> <E T="03">Trip</E> 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.</P> <P> <E T="03">Try net</E>, 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).</P> <P> <E T="03">Wild live rock</E> means live rock other than aquacultured live rock.</P> <P> <E T="03">Wreckfish</E> means the species <E T="03">Polyprion americanus</E>, or a part thereof, one of the <PRTPAGE P="102"/>South Atlantic snapper-grouper species.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 622.3</SECTNO> <SUBJECT>Relation to other laws and regulations.</SUBJECT> <P>(a) The relation of this part to other laws is set forth in § 600.705 of this chapter and paragraphs (b) and (c) of this section.</P> <P>(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:</P> <P>(1) Everglades National Park (36 CFR 7.45).</P> <P>(2) Looe Key National Marine Sanctuary (15 CFR part 937).</P> <P>(3) Fort Jefferson National Monument (36 CFR 7.27).</P> <P>(4) Key Largo Coral Reef National Marine Sanctuary (15 CFR part 929).</P> <P>(5) Biscayne National Park (16 U.S.C. 410gg).</P> <P>(6) Gray's Reef National Marine Sanctuary (15 CFR Part 938).</P> <P>(7) Monitor Marine Sanctuary (15 CFR part 924).</P> <P>(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.</P> <P>(d) General provisions on facilitation of enforcement, penalties, and enforcement policy applicable to all domestic fisheries are set forth in §§ 600.730, 600.735, and 600.740 of this chapter, respectively.</P> <P>(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 § 600.745 of this chapter.</P> </SECTION> <SECTION> <SECTNO>§ 622.4</SECTNO> <SUBJECT>Permits and fees.</SUBJECT> <P>(a) <E T="03">Permits required</E>. To conduct activities in fisheries governed in this part, valid permits, licenses, and endorsements are required as follows:</P> <P>(1) <E T="03">Charter vessel/headboat permits.</E> 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.</P> <P>(2) <E T="03">Commercial vessel permits, licenses, and endorsements</E>—(i) <E T="03">Fish traps in the Gulf</E>. 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.</P> <P>(ii) <E T="03">Gillnets for king mackerel in the Florida west coast subzone.</E> For a person aboard a vessel to use a run-around gillnet for king mackerel in the Florida west coast subzone (see § 622.42(c)(1)(i)(A)(<E T="03">3</E>)), 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.</P> <P>(iii) <E T="03">King mackerel</E>. 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 <PRTPAGE P="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.</P> <P>(iv) <E T="03">Spanish mackerel</E>. 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.</P> <P>(v) <E T="03">Gulf reef fish</E>. 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.</P> <P>(vi) <E T="03">South Atlantic snapper-grouper</E>. 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°15.3’ N. lat. (due east of Cape Hatteras Light, NC) and 28°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 § 622.18 for limitations on the use, transfer, and renewal of a commercial vessel permit for South Atlantic snapper-grouper.</P> <P>(vii) <E T="03">Wreckfish.</E> 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 § 622.15 for information on wreckfish shareholders.)</P> <P>(viii) <E T="03">South Atlantic rock shrimp</E>. For a person aboard a vessel to fish for rock <PRTPAGE P="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.</P> <P>(ix) <E T="03">Gulf red snapper</E>. 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 § 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.</P> <P>(3) <E T="03">Coral permits</E>—(i) <E T="03">Allowable chemical.</E> 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.</P> <P>(ii) <E T="03">Allowable octocoral.</E> 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.</P> <P>(iii) <E T="03">Aquacultured live rock.</E> 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.</P> <P>(iv) <E T="03">Prohibited coral.</E> 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 § 600.745 of this chapter for the procedures and limitations for such activities and fishing.</P> <P>(v) <E T="03">Florida permits.</E> 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:</P> <P>(A) Landing in Florida fish or other marine organisms taken with an allowable chemical in a coral area.</P> <P>(B) Landing allowable octocoral in Florida.</P> <P>(C) Landing live rock in Florida.</P> <P>(vi) <E T="03">Wild live rock permits.</E> 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 § 622.42(b)(2), is reached or after December 31, 1996.</P> <P>(4) <E T="03">Dealer permits.</E> 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 <PRTPAGE P="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).</P> <P>(b) <E T="03">Applications for permits.</E> 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.</P> <P>(1) <E T="03">Coral permits.</E> (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.</P> <P>(ii) An applicant must provide the following:</P> <P>(A) Name, address, telephone number, and other identifying information of the applicant.</P> <P>(B) Name and address of any affiliated company, institution, or organization.</P> <P>(C) Information concerning vessels, harvesting gear/methods, or fishing areas, as specified on the application form.</P> <P>(D) Any other information that may be necessary for the issuance or administration of the permit.</P> <P>(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—</P> <P>(<E T="03">1</E>) Provides accurate coordinates of the proposed harvesting site so that it can be located using LORAN or Global Positioning System equipment;</P> <P>(<E T="03">2</E>) Shows the site on a chart in sufficient detail to determine its size and allow for site inspection;</P> <P>(<E T="03">3</E>) 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;</P> <P>(<E T="03">4</E>) Describes the naturally occurring bottom habitat at the site; and</P> <P>(<E T="03">5</E>) Specifies the type and origin of material to be deposited on the site and how it will be distinguishable from the naturally occurring substrate.</P> <P>(2) <E T="03">Dealer permits.</E> (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).</P> <P>(ii) An applicant must provide the following:</P> <P>(A) A copy of each state wholesaler's license held by the dealer.</P> <P>(B) Name, address, telephone number, date the business was formed, and other identifying information of the business.</P> <P>(C) The address of each physical facility at a fixed location where the business receives fish.</P> <P>(D) Name, address, telephone number, other identifying information, and official capacity in the business of the applicant.</P> <P>(E) Any other information that may be necessary for the issuance or administration of the permit, as specified on the application form.</P> <P>(3) <E T="03">Vessel permits.</E> (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.</P> <P>(ii) An applicant must provide the following:</P> <P>(A) A copy of the vessel's valid USCG certificate of documentation or, if not documented, a copy of its valid state registration certificate.</P> <P>(B) Vessel name and official number.</P> <P>(C) Name, address, telephone number, and other identifying information of the vessel owner and of the applicant, if other than the owner.<PRTPAGE P="106"/> </P> <P>(D) Any other information concerning the vessel, gear characteristics, principal fisheries engaged in, or fishing areas, as specified on the application form.</P> <P>(E) Any other information that may be necessary for the issuance or administration of the permit, as specified on the application form.</P> <P>(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.</P> <P>(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).</P> <P>(c) <E T="03">Change in application information.</E> 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.</P> <P>(d) <E T="03">Fees</E>. 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 § 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.</P> <P>(e) <E T="03">Initial issuance.</E> (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.</P> <P>(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.</P> <P>(f) <E T="03">Duration.</E> 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.</P> <P>(g) <E T="03">Transfer</E>. 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 § 622.17(i) for a commercial vessel permit for golden crab, or in § 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.</P> <P>(h) <E T="03">Renewal.</E> 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 <PRTPAGE P="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.</P> <P>(i) <E T="03">Display</E>. 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.</P> <P>(j) <E T="03">Sanctions and denials</E>. 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.</P> <P>(k) <E T="03">Alteration</E>. A permit, license, or endorsement that is altered, erased, or mutilated is invalid.</P> <P>(l) <E T="03">Replacement</E>. A replacement permit, license, or endorsement may be issued. An application for a replacement permit, license, or endorsement is not considered a new application.</P> <P>(m) <E T="03">Moratorium on commercial vessel permits for Gulf reef fish</E>. The provisions of this paragraph (m) are applicable through December 31, 2000.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="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.</P> <P>(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.</P> <P>(n) <E T="03">Endorsements for fish traps in the Gulf</E>. The provisions of this paragraph (n) are applicable through February 7, 2007. After February 7, 2007, no fish trap endorsements are valid.</P> <P>(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.</P> <P>(2) Through February 7, 1999, a fish trap endorsement may be transferred only to a vessel that has a commercial permit for reef fish.</P> <P>(3) After February 7, 1999, a fish trap endorsement is not transferable except as follows:</P> <P>(i) An owner of a vessel with a fish trap endorsement may transfer the endorsement to another vessel owned by the same entity.</P> <P>(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.</P> <P>(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.)</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(o) <E T="03">Endorsements for the use of gillnets for king mackerel in the Florida west coast subzone.</E> Other paragraphs of this section notwithstanding—</P> <P>(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.</P> <P>(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> <P>(p) <E T="03">Gulf red snapper licenses</E>—(1) <E T="03">Class 1 licenses</E>. To be eligible for the 2,000-lb (907-kg) trip limit for Gulf red snapper specified in § 622.44(e)(1), a vessel must <PRTPAGE P="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.</P> <P>(2) <E T="03">Class 2 licenses</E>. To be eligible for the 200-lb (91-kg) trip limit for Gulf red snapper specified in § 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.</P> <P>(3) <E T="03">Operator restriction</E>. 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.</P> <P>(4) <E T="03">Transfer of Gulf red snapper licenses</E>. 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.</P> <P>(5) <E T="03">Initial issue of Gulf red snapper licenses</E>—(i) <E T="03">Class 1 licenses</E>. (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.</P> <P>(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—</P> <P>(<E T="03">1</E>) 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;</P> <P>(<E T="03">2</E>) 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;</P> <P>(<E T="03">3</E>) 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</P> <P>(<E T="03">4</E>) Landed red snapper prior to November 7, 1989.</P> <P>(ii) <E T="03">Class 2 licenses</E>. (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.</P> <P>(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 § 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.</P> <P>(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.</P> <P>(6) <E T="03">Implementation procedures</E>—(i) <E T="03">Initial notification</E>. The RD will notify <PRTPAGE P="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.</P> <P>(ii) <E T="03">Reconsideration</E>. (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.</P> <P>(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 <E T="03">et</E> <E T="03">seq</E>.) for the RD to make available to the committee members such confidential catch and other records as are pertinent to the matter under reconsideration.</P> <P>(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.</P> <P>(q) <E T="03">Moratorium on commercial vessel permits for king mackerel</E>. This paragraph (q) is effective through October 15, 2000.</P> <P>(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.</P> <P>(2) To obtain a commercial vessel permit for king mackerel under the <PRTPAGE P="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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 63 FR 38301, July 16, 1998, § 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:</P> <SUPERSED> <SECTION> <SECTNO>§ 622.4</SECTNO> <SUBJECT>Permits and fees.</SUBJECT> <P>(a) * * *</P> <P>(2) * * *</P> <P>(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.<STARS/> </P> </SECTION> <SECTION> <PRTPAGE P="112"/> <SECTNO>§ 622.5</SECTNO> <SUBJECT>Recordkeeping and reporting.</SUBJECT> <P>Participants in fisheries governed in this part are required to keep records and report as follows.</P> <P>(a) <E T="03">Commercial vessel owners and operators—</E>(1) <E T="03">Requirements by species—</E>(i) <E T="03">Coastal migratory pelagic fish</E>. 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 § 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.</P> <P>(ii) <E T="03">Gulf reef fish.</E> The owner or operator of a vessel for which a commercial permit for Gulf reef fish has been issued, as required under § 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.</P> <P>(iii) <E T="03">Gulf shrimp.</E> 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.</P> <P>(iv) <E T="03">South Atlantic snapper-grouper.</E> (A) The owner or operator of a vessel for which a commercial permit for South Atlantic snapper-grouper has been issued, as required under § 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.</P> <P>(B) The wreckfish shareholder under § 622.15, or operator of a vessel for which a commercial permit for wreckfish has been issued, as required under § 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.</P> <P>(C) The wreckfish shareholder under § 622.15, or operator of a vessel for which a commercial permit for wreckfish has been issued, as required under § 622.4(a)(2)(vii), must make available to an authorized officer upon request all records of offloadings, purchases, or sales of wreckfish.</P> <P>(v) <E T="03">South Atlantic golden crab.</E> The owner or operator of a vessel for which a commercial permit for golden crab has been issued, as required under § 622.17(a), who is selected to report by the SRD must maintain a fishing record on a form available from the SRD.</P> <P>(2) <E T="03">Reporting deadlines.</E> (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.</P> <P>(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.</P> <P>(b) <E T="03">Charter vessel/headboat owners and operators—</E>(1) <E T="03">Coastal migratory pelagic fish, reef fish, and snapper-grouper.</E> 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 § 622.4(a)(1), or whose vessel <PRTPAGE P="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.</P> <P>(2) <E T="03">Reporting deadlines—</E>(i) <E T="03">Charter vessels.</E> 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.</P> <P>(ii) <E T="03">Headboats.</E> 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.</P> <P>(c) <E T="03">Dealers—</E>(1) <E T="03">Coastal migratory pelagic fish.</E> (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:</P> <P>(A) Dealer's or processor's name and address.</P> <P>(B) County where fish were landed.</P> <P>(C) Total poundage of each species received during that month, or other requested interval.</P> <P>(D) Average monthly price paid for each species.</P> <P>(E) Proportion of total poundage landed by each gear type.</P> <P>(ii) <E T="03">Alternate SRD.</E> 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 § 600.502 of this chapter), or a designee.</P> <P>(2) <E T="03">Gulf red drum.</E> 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:</P> <P>(i) Dealer's or processor's name and address.</P> <P>(ii) State and county where red drum were landed.</P> <P>(iii) Total poundage of red drum received during the reporting period, by each type of gear used for harvest.</P> <P>(3) <E T="03">Gulf reef fish.</E> 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:</P> <P>(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.</P> <P>(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 <PRTPAGE P="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.</P> <P>(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.</P> <P>(4) <E T="03">Gulf shrimp.</E> 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:</P> <P>(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.</P> <P>(ii) Amount of shrimp received by species and size category for each receipt.</P> <P>(iii) Exvessel value, by species and size category, for each receipt.</P> <P>(5) <E T="03">South Atlantic snapper-grouper.</E> (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 § 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.</P> <P>(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).</P> <P>(iii) A dealer who has been issued a dealer permit for wreckfish, as required under § 622.4(a)(4), must make available to an authorized officer upon request all records of offloadings, purchases, or sales of wreckfish.</P> <P>(6) <E T="03">South Atlantic golden crab.</E> 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.</P> <P>(7) <E T="03">South Atlantic rock shrimp</E>. (i) A dealer who has been issued a permit for rock shrimp, as required under § 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.</P> <P>(ii) On demand, a dealer who has been issued a dealer permit for rock shrimp, as required under § 622.4(a)(4), must make available to an authorized officer all records of offloadings, purchases, or sales of rock shrimp.</P> <P>(d) <E T="03">Individuals with coral or live rock permits.</E> (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.</P> <P>(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 <PRTPAGE P="115"/>deposition and must contain the following information:</P> <P>(i) Permit number of site and date of deposit.</P> <P>(ii) Geological origin of material deposited.</P> <P>(iii) Amount of material deposited.</P> <P>(iv) Source of material deposited, that is, where obtained, if removed from another habitat, or from whom purchased.</P> <P>(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.</P> <P>(e) <E T="03">Additional data and inspection.</E> 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.</P> <P>(f) <E T="03">Commercial vessel, charter vessel, and headboat inventory.</E> 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:</P> <P>(1) Name and official number of vessel and permit number, if applicable.</P> <P>(2) Length and tonnage.</P> <P>(3) Current home port.</P> <P>(4) Fishing areas.</P> <P>(5) Ports where fish were offloaded during the last year.</P> <P>(6) Type and quantity of gear.</P> <P>(7) Number of full- and part-time fishermen or crew members.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 622.6</SECTNO> <SUBJECT>Vessel and gear identification.</SUBJECT> <P>(a) <E T="03">Vessel identification—</E>(1) <E T="03">Applicability—</E>(i) <E T="03">Official number.</E> A vessel for which a permit has been issued under § 622.4 or § 622.17, and a vessel that fishes for or possesses shrimp in the Gulf EEZ, must display its official number—</P> <P>(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.</P> <P>(B) In block arabic numerals permanently affixed to or painted on the vessel in contrasting color to the background.</P> <P>(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.</P> <P>(ii) <E T="03">Official number and color code.</E> 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 § 622.4(a)(2)(i); a vessel for which a permit has been issued to fish with a sea bass pot, as required under § 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—</P> <P>(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.</P> <P>(B) In the form of a circle permanently affixed to or painted on the vessel.</P> <P>(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.</P> <P>(2) <E T="03">Duties of operator.</E> 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 <PRTPAGE P="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.</P> <P>(b) <E T="03">Gear identification</E>—(1) <E T="03">Traps/pots and associated buoys</E>—(i) <E T="03">Traps or pots</E>—(A) <E T="03">Caribbean EEZ</E>. 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.</P> <P>(B) <E T="03">Gulf and South Atlantic EEZ</E>. 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°15.3’ N. lat. (due east of Cape Hatteras Light, NC) and 28°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.</P> <P>(ii) <E T="03">Associated buoys</E>. 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:</P> <P>(A) <E T="03">Caribbean EEZ</E>. 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.</P> <P>(B) <E T="03">Gulf and South Atlantic EEZ</E>. 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.</P> <P>(iii) <E T="03">Presumption of ownership</E>. 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.</P> <P>(iv) <E T="03">Unmarked traps, pots, or buoys</E>. 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.</P> <P>(2) <E T="03">Gillnet buoys</E>. 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°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.</P> <CITA>[61 FR 34934, July 3, 1996, as amended at 61 FR 43957, Aug. 27, 1996; 63 FR 10567, Mar. 4, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 622.7</SECTNO> <SUBJECT>Prohibitions.</SUBJECT> <P>In addition to the general prohibitions in § 600.725 of this chapter, it is unlawful for any person to do any of the following:</P> <P>(a) Engage in an activity for which a valid Federal permit, license, or endorsement is required under § 622.4 or § 622.17 without such permit, license, or endorsement.</P> <P>(b) Falsify information on an application for a permit, license, or endorsement or submitted in support of such application, as specified in § 622.4(b), (g), (p), or (q), or in § 622.17, or in § 622.18.</P> <P>(c) Fail to display a permit, license, or endorsement, as specified in § 622.4(i) or § 622.17(g).<PRTPAGE P="117"/> </P> <P>(d) Falsify or fail to maintain, submit, or provide information required to be maintained, submitted, or provided, as specified in § 622.5 (a) through (f).</P> <P>(e) Fail to make a fish, or parts thereof, available for inspection, as specified in § 622.5(e).</P> <P>(f) Falsify or fail to display and maintain vessel and gear identification, as specified in § 622.6 (a) and (b).</P> <P>(g) Fail to comply with any requirement or restriction regarding ITQ coupons, as specified in § 622.15(c)(3), (c)(5), (c)(6), or (c)(7).</P> <P>(h) Possess wreckfish as specified in § 622.15(c)(4), receive wreckfish except as specified in § 622.15(c)(7), or offload a wreckfish except as specified in § 622.15 (d)(3) and (d)(4).</P> <P>(i) Transfer—</P> <P>(1) A wreckfish, as specified in § 622.15(d)(1);</P> <P>(2) A limited-harvest species, as specified in § 622.32(c) introductory text;</P> <P>(3) A species/species group subject to a bag limit, as specified § 622.39(a)(1);</P> <P>(4) South Atlantic snapper-grouper from a vessel with unauthorized gear on board, as specified in § 622.41(d)(2)(iii); or</P> <P>(5) A species subject to a commercial trip limit, as specified in § 622.44.</P> <P>(j) Use or possess prohibited gear or methods or possess fish in association with possession or use of prohibited gear, as specified in § 622.31.</P> <P>(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 § 622.32.</P> <P>(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 § 622.33, § 622.34, or § 622.35, or as may be specified under § 622.46 (b) or (c).</P> <P>(m) Harvest, possess, offload, sell, or purchase fish in excess of the seasonal harvest limitations, as specified in § 622.36.</P> <P>(n) Except as allowed under § 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 § 622.37.</P> <P>(o) Fail to maintain a fish intact through offloading ashore, as specified in § 622.38.</P> <P>(p) Exceed a bag or possession limit, as specified in § 622.39.</P> <P>(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 § 622.40.</P> <P>(r) Fail to comply with the species-specific limitations, as specified in § 622.41.</P> <P>(s) Fail to comply with the restrictions that apply after closure of a fishery, as specified in § 622.43.</P> <P>(t) Possess on board a vessel or land, purchase, or sell fish in excess of the commercial trip limits, as specified in § 622.44.</P> <P>(u) Fail to comply with the restrictions on sale/purchase, as specified in § 622.45.</P> <P>(v) Interfere with fishing or obstruct or damage fishing gear or the fishing vessel of another, as specified in § 622.46(a).</P> <P>(w) Fail to comply with the requirements for observer coverage as specified in § 622.10.</P> <P>(x) Assault, resist, oppose, impede, intimidate, or interfere with a NMFS-approved observer aboard a vessel.</P> <P>(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.</P> <P>(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 § 622.17(h).</P> <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 63 FR 27488, May 19, 1998, § 622.7 was amended by adding paragraph (aa), effective May 14, 1998, through Nov. 11, 1998.</P> </EFFDNOT> </SECTION> <SECTION> <PRTPAGE P="118"/> <SECTNO>§ 622.7</SECTNO> <SUBJECT>Prohibitions.</SUBJECT> <STARS/> <P>(aa) Fail to comply with the Gulf shrimp interim measures specified in § 622.9.</P> </SECTION> <SECTION> <SECTNO>§ 622.8</SECTNO> <SUBJECT>At-sea observer coverage.</SUBJECT> <P>(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 § 622.17(a), must carry a NMFS-approved observer.</P> <P>(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:</P> <P>(1) Departure information (port, dock, date, and time).</P> <P>(2) Expected landing information (port, dock, and date).</P> <P>(c) An owner or operator of a vessel on which a NMFS approved observer is embarked must:</P> <P>(1) Provide accommodations and food that are equivalent to those provided to the crew.</P> <P>(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.</P> <P>(3) Allow the observer access to and use of the vessel's navigation equipment and personnel upon request to determine the vessel's position.</P> <P>(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.</P> <P>(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.</P> <CITA>[61 FR 43957, Aug. 27, 1996]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 63 FR 27488, May 19, 1998, § 622.9 was added, effective May 14, 1998, through Nov. 11, 1998. For the convenience of the user, the added text follows:</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 622.9</SECTNO> <SUBJECT>Gulf shrimp interim measures.</SUBJECT> <P>(a) <E T="03">Vessel logbooks</E>. In addition to the requirements of § 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.</P> <P>(b) <E T="03">Observer coverage</E>. (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.</P> <P>(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.</P> <P>(3) An owner or operator of a vessel on which a NMFS-approved observer is embarked must:</P> <P>(i) Provide accommodations and food that are equivalent to those provided to the crew.</P> <P>(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.</P> <P>(iii) Allow the observer access to and use of the vessel's navigation equipment and personnel upon request to determine the vessel's position.</P> <P>(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.</P> <P>(v) Allow the observer to inspect and copy the vessel's log, communications logs, and any records associated with <PRTPAGE P="119"/>the catch and distribution of fish for that trip.</P> <P>(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 § 622.41(h)(1).</P> <P>(c) <E T="03">Vessel monitoring</E>. (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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[63 FR 27488, May 19, 1998]</CITA> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart B—Effort Limitations</HD> <SECTION> <SECTNO>§ 622.15</SECTNO> <SUBJECT>Wreckfish individual transferable quota (ITQ) system.</SUBJECT> <P>The provisions of this section apply to wreckfish in or from the South Atlantic EEZ.</P> <P>(a) <E T="03">Percentage shares.</E> (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.</P> <P>(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.</P> <P>(b) <E T="03">Lists of wreckfish shareholders and permitted vessels.</E> 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 § 622.4(a)(4), with a list of vessels for which wreckfish permits have been issued, as required under § 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.</P> <P>(c) <E T="03">ITQs.</E> (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 <PRTPAGE P="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.</P> <P>(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.</P> <P>(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.</P> <P>(4) Wreckfish may not be possessed on board a fishing vessel—</P> <P>(i) In an amount exceeding the total of the ITQ coupons on board the vessel;</P> <P>(ii) That does not have on board a commercial vessel permit for wreckfish, as required under § 622.4(a)(2)(vii); or</P> <P>(iii) That does not have on board logbook forms for that fishing trip, as required under § 622.5(a)(1)(iv)(B).</P> <P>(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 § 622.5(a)(1)(iv)(B) for that fishing trip.</P> <P>(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 § 622.4(a)(4).</P> <P>(7) A dealer may receive a wreckfish only from a vessel for which a commercial permit for wreckfish has been issued, as required under § 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 § 622.5(c)(5)(i).</P> <P>(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.</P> <P>(d) <E T="03">Wreckfish limitations.</E> (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.</P> <P>(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.</P> <P>(3) A wreckfish may be offloaded from a fishing vessel only between 8 a.m. and 5 p.m., local time.</P> <P>(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 § 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.</P> </SECTION> <SECTION> <PRTPAGE P="121"/> <SECTNO>§ 622.16</SECTNO> <SUBJECT>Red snapper individual transferable quota (ITQ) system.</SUBJECT> <P>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.</P> <P>(a) <E T="03">Percentage shares.</E> (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.</P> <P>(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.</P> <P>(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.</P> <P>(b) <E T="03">ITQs.</E> (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.</P> <P>(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.</P> <P>(3) An ITQ coupon may be transferred. If the transfer is by sale, the seller must enter the sale price on the coupon.</P> <P>(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 § 622.4(a)(2)(v), may not be possessed in an amount, in eviscerated weight, exceeding the total of ITQ coupons on board. (See § 622.39(a) for applicability of the bag limit.)</P> <P>(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 <PRTPAGE P="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.</P> <P>(6) Red snapper harvested from the EEZ or possessed by a vessel with a commercial permit for Gulf reef fish, as required under § 622.4(a)(2)(v), may be transferred only to a dealer with a Gulf reef fish permit, as required under § 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.</P> <P>(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.</P> <P>(c) <E T="03">Procedures for implementation</E>—(1) <E T="03">Initial shareholders.</E> The following persons are initial shareholders in the red snapper ITQ system:</P> <P>(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</P> <P>(ii) A historical captain. A historical captain means an operator who meets all of the following qualifications:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(D) Landed red snapper prior to November 7, 1989.</P> <P>(2) <E T="03">Initial shares.</E> (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).</P> <P>(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.</P> <P>(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:<PRTPAGE P="123"/> </P> <P>(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.</P> <P>(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—</P> <P>(<E T="03">1</E>) From a closely held corporation to its majority shareholder;</P> <P>(<E T="03">2</E>) From an individual who became the majority shareholder of a closely held corporation receiving the vessel;</P> <P>(<E T="03">3</E>) Between closely held corporations with a common majority shareholder; or</P> <P>(<E T="03">4</E>) From one to another of the following: Husband, wife, son, daughter, brother, sister, mother, or father.</P> <P>(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.</P> <P>(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.</P> <P>(3) <E T="03">Notification of status.</E> 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.</P> <P>(4) <E T="03">Appeals.</E> (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.</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="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.</P> <P>(v) Upon completion of the appeal process, the RD will issue share certificates to initial shareholders.</P> <P>(5) <E T="03">Transfers of shares.</E> The following restrictions apply to the transfer of shares:</P> <P>(i) The transfer of shares is prohibited through September 30, 1996.</P> <P>(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.</P> <P>(d) <E T="03">Exceptions/additions to general measures.</E> Other provisions of this part notwithstanding—</P> <P>(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.</P> <P>(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 § 622.4(a)(4) must have been issued to the dealer.</P> <P>(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.</P> <P>(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 § 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.</P> <P>(5) As a condition of a dealer permit for Gulf reef fish, as required under § 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.</P> <P>(6) In any month that a red snapper is received, a dealer must submit the report required under § 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.</P> <P>(7) It is unlawful for a person to do any of the following:</P> <P>(i) Receive red snapper from a fishing vessel without a dealer permit for Gulf reef fish.</P> <P>(ii) Fail to carry a copy of the dealer's permit, as specified in paragraph (d)(3) of this section.</P> <P>(iii) Fail to comply with a condition of a permit, as specified in paragraph (d)(4) or (d)(5) of this section.</P> <P>(iv) Fail to report red snapper received, as specified in paragraph (d)(6) of this section.</P> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 61 FR 48415, Sept. 13, 1996, § 622.16 was stayed indefinitely.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 622.17</SECTNO> <SUBJECT>South Atlantic golden crab controlled access.</SUBJECT> <P>(a) <E T="03">Applicability.</E> 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.</P> <P>(b) <E T="03">Initial eligibility.</E> 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 <PRTPAGE P="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.</P> <P>(c) <E T="03">Documentation of eligibility.</E> 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.</P> <P>(1) <E T="03">Trip ticket data.</E> 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.</P> <P>(2) <E T="03">Additional landings data.</E> (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.</P> <P>(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.</P> <P>(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.</P> <P>(3) <E T="03">Verification.</E> 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.</P> <P>(d) <E T="03">Application procedure.</E> 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.</P> <P>(1) An application for a commercial vessel permit must be submitted and <PRTPAGE P="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).</P> <P>(2) An owner must provide the following:</P> <P>(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.</P> <P>(ii) Vessel name and official number.</P> <P>(iii) Name, address, telephone number, and other identifying information of the vessel owner.</P> <P>(iv) Documentation of initial eligibility, as specified in paragraphs (b) and (c) of this section.</P> <P>(v) The fishing zone in which the vessel will fish, as specified in paragraph (h) of this section.</P> <P>(vi) Any other information concerning the vessel, gear characteristics, principal fisheries engaged in, or fishing areas, as specified on the application form.</P> <P>(vii) Any other information that may be necessary for the issuance or administration of the permit, as specified on the application form.</P> <P>(e) <E T="03">Issuance.</E> (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.</P> <P>(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.</P> <P>(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.</P> <P>(f) <E T="03">Appeals.</E> (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.</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="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.</P> <P>(g) <E T="03">Display.</E> 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.</P> <P>(h) <E T="03">Fishing zones.</E> (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:</P> <P>(i) Northern zone—the South Atlantic EEZ north of 28° N. lat.</P> <P>(ii) Middle zone—the South Atlantic EEZ from 25° N. lat. to 28° N. lat.</P> <P>(iii) Southern zone—the South Atlantic EEZ south of 25° N. lat.</P> <P>(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.</P> <P>(i) <E T="03">Transfer.</E> (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.</P> <P>(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.</P> <P>(j) <E T="03">Renewal.</E> (1) In addition to the procedures and requirements of § 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 § 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.</P> <P>(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.</P> <CITA>[61 FR 43957, 43959, Aug. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 622.18</SECTNO> <SUBJECT>South Atlantic snapper-grouper limited access.</SUBJECT> <P>(a) <E T="03">Applicability</E>. 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.</P> <P>(b) <E T="03">Initial eligibility</E>. 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.<PRTPAGE P="128"/> </P> <P>(c) <E T="03">Determinations of eligibility</E>—(1) <E T="03">Permit history</E>. 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.</P> <P>(2) <E T="03">Landings</E>. (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.</P> <P>(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.</P> <P>(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.</P> <P>(d) <E T="03">Implementation procedures</E>—(1) <E T="03">Notification of status</E>. 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.</P> <P>(2) <E T="03">Applications</E>. (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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(3) <E T="03">Issuance</E>. (i) If a complete application is submitted in a timely manner and the eligibility requirements specified in paragraph (b) of this section are <PRTPAGE P="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.</P> <P>(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.</P> <P>(4) <E T="03">Reconsideration</E>. (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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(e) <E T="03">Transfers of permits</E>. 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.</P> <P>(1) <E T="03">Transferable permits</E>. (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.</P> <P>(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.</P> <P>(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.</P> <P>(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.<PRTPAGE P="130"/> </P> <P>(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.</P> <P>(2) <E T="03">Trip-limited permits</E>. 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.</P> <P>(f) <E T="03">Renewal</E>. 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.</P> <CITA>[63 FR 38301, July 16, 1998]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Management Measures</HD> <SECTION> <SECTNO>§ 622.30</SECTNO> <SUBJECT>Fishing years.</SUBJECT> <P>The fishing year for species or species groups governed in this part is January 1 through December 31 except for the following:</P> <P>(a) <E T="03">Allowable octocoral—</E> October 1 through September 30.</P> <P>(b) <E T="03">King and Spanish mackerel.</E> The fishing year for the king and Spanish mackerel bag limits specified in § 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 § 622.42(c):</P> <P>(1) <E T="03">Gulf migratory group king mackerel—</E> July 1 through June 30.</P> <P>(2) <E T="03">All other migratory groups of king and Spanish mackerel—</E> April 1 through March 31.</P> <P>(c) <E T="03">Wreckfish—</E> April 16 through April 15.</P> </SECTION> <SECTION> <SECTNO>§ 622.31</SECTNO> <SUBJECT>Prohibited gear and methods.</SUBJECT> <P>In addition to the prohibited gear/methods specified in this section, see §§ 622.33, 622.34, and 622.35 for seasonal/area prohibited gear/methods and § 622.41 for species specific authorized and unauthorized gear/methods.</P> <P>(a) <E T="03">Explosives.</E> 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 § 622.4 or § 622.17, may not have on board any dynamite or similar explosive substance.</P> <P>(b) <E T="03">Chemicals and plants.</E> 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.</P> <P>(c) <E T="03">Fish traps</E>. (1) A fish trap may not be used in the South Atlantic EEZ.</P> <P>(2) A fish trap may not be used or possessed in the Gulf EEZ west of 85°30′ W. long. and, after February 7, 2007, may not be used or possessed in the Gulf EEZ.</P> <P>(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.</P> <P>(d) <E T="03">Longlines for wreckfish.</E> 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.</P> <P>(e) <E T="03">Poisons.</E> (1) A poison, drug, or other chemical may not be used to fish for Caribbean reef fish in the Caribbean EEZ.</P> <P>(2) A poison may not be used to take Gulf reef fish in the Gulf EEZ.</P> <P>(3) A poison may not be used to fish for South Atlantic snapper-grouper in the South Atlantic EEZ.</P> <P>(f) <E T="03">Power-assisted tools.</E> 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.</P> <P>(g) <E T="03">Powerheads.</E> A powerhead may not be used in the Caribbean EEZ to harvest Caribbean reef fish or in the EEZ <PRTPAGE P="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 <E T="03">prima facie</E> evidence that such fish was harvested by a powerhead.</P> <P>(h) <E T="03">Rebreathers and spearfishing gear.</E> 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 <E T="03">prima facie</E> evidence that such fish was harvested with spearfishing gear while using a rebreather.</P> <P>(i) <E T="03">Sea bass pots.</E> A sea bass pot may not be used in the South Atlantic EEZ south of 28°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°35.1′ N. lat. may be disposed of in any appropriate manner by the Assistant Administrator or an authorized officer.</P> <P>(j) <E T="03">Spears and hooks.</E> 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 <E T="03">prima facie</E> evidence of violation of this section.</P> <CITA>[61 FR 34934, July 3, 1996, as amended at 62 FR 13987, Mar. 25, 1997; 63 FR 10567, Mar. 4, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 622.32</SECTNO> <SUBJECT>Prohibited and limited-harvest species.</SUBJECT> <P>(a) <E T="03">General.</E> 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.</P> <P>(b) <E T="03">Prohibited species.</E> Prohibited species, by geographical area, are as follows:</P> <P>(1) <E T="03">Caribbean.</E> (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.</P> <P>(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.</P> <P>(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.</P> <P>(2) <E T="03">Gulf.</E> (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.</P> <P>(ii) Jewfish may not be harvested or possessed in or from the Gulf EEZ.</P> <P>(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.</P> <P>(3) <E T="03">Mid-Atlantic.</E> 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° from true north commencing at a point at 40°29.6′ N. lat., 73°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.</P> <P>(4) <E T="03">South Atlantic.</E> (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 <PRTPAGE P="132"/>groundfish fisheries, unsorted prohibited coral may be landed ashore; however, no person may sell or purchase such prohibited coral.</P> <P>(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.</P> <P>(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.</P> <P>(iv) Wild live rock may not be harvested or possessed in the South Atlantic EEZ.</P> <P>(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 § 622.45(f)(1) regarding the prohibition of sale of female golden crabs.</P> <P>(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.</P> <P>(c) <E T="03">Limited-harvest species.</E> 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.</P> <P>(1) <E T="03">Cobia</E>. 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.</P> <P>(2) <E T="03">Cubera snapper.</E> 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.</P> <P>(3) <E T="03">Speckled hind and warsaw grouper.</E> 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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 622.33</SECTNO> <SUBJECT>Caribbean EEZ seasonal and/or area closures.</SUBJECT> <P>(a) <E T="03">Mutton snapper spawning aggregation area.</E> 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:</P> <GPOTABLE CDEF="s25,xls44,xs44" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Point</CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW> <ENT I="01">A </ENT> <ENT>17°37.8′ </ENT> <ENT>64°53.0′</ENT> </ROW> <ROW> <ENT I="01">B </ENT> <ENT>17°39.0′ </ENT> <ENT>64°53.0′</ENT> </ROW> <ROW> <ENT I="01">C </ENT> <ENT>17°39.0′ </ENT> <ENT>64°50.5′</ENT> </ROW> <ROW> <ENT I="01">D </ENT> <ENT>17°38.1′ </ENT> <ENT>64°50.5′</ENT> </ROW> <ROW> <ENT I="01">E </ENT> <ENT>17°37.8′ </ENT> <ENT>64°52.5′</ENT> </ROW> <ROW> <ENT I="01">A </ENT> <ENT>17°37.8′ </ENT> <ENT>64°53.0′</ENT> </ROW> </GPOTABLE> <P>(b) <E T="03">Red hind spawning aggregation areas.</E> 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:</P> <P>(1) <E T="03">East of St. Croix.</E> </P> <GPOTABLE CDEF="s10,11,11" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Point</CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW> <ENT I="01">A</ENT> <ENT>17°50.2′</ENT> <ENT>64°27.9′</ENT> </ROW> <ROW> <ENT I="01">B</ENT> <ENT>17°50.1′</ENT> <ENT>64°26.1′</ENT> </ROW> <ROW> <ENT I="01">C</ENT> <ENT>17°49.2′</ENT> <ENT>64°25.8′</ENT> </ROW> <ROW> <ENT I="01">D</ENT> <ENT>17°48.6′</ENT> <ENT>64°25.8′</ENT> </ROW> <ROW> <ENT I="01">E</ENT> <ENT>17°48.1′</ENT> <ENT>64°26.1′</ENT> </ROW> <ROW> <ENT I="01">F</ENT> <ENT>17°47.5′</ENT> <ENT>64°26.9′</ENT> </ROW> <ROW> <ENT I="01">A</ENT> <ENT>17°50.2′</ENT> <ENT>64°27.9′</ENT> </ROW> </GPOTABLE> <P>(2) <E T="03">South of St. Thomas.</E> </P> <GPOTABLE CDEF="s10,11,11" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Point</CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW> <ENT I="01">A</ENT> <ENT>18°13.2′</ENT> <ENT>65°06.0′</ENT> </ROW> <ROW> <ENT I="01">B</ENT> <ENT>18°13.2′</ENT> <ENT>64°59.0′</ENT> </ROW> <ROW> <ENT I="01">C</ENT> <ENT>18°11.8′</ENT> <ENT>64°59.0′</ENT> </ROW> <ROW> <PRTPAGE P="133"/> <ENT I="01">D</ENT> <ENT>18°10.7′</ENT> <ENT>65°06.0′</ENT> </ROW> <ROW> <ENT I="01">A</ENT> <ENT>18°13.2′</ENT> <ENT>65°06.0′</ENT> </ROW> </GPOTABLE> <P>(3) <E T="03">West of Puerto Rico</E>—(i) <E T="03">Bajo de Cico</E>.</P> <GPOTABLE CDEF="s25,xls44,xs44" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Point</CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW> <ENT I="01">A </ENT> <ENT>18°15.7′ </ENT> <ENT>67°26.4′</ENT> </ROW> <ROW> <ENT I="01">B </ENT> <ENT>18°15.7′ </ENT> <ENT>67°23.2′</ENT> </ROW> <ROW> <ENT I="01">C </ENT> <ENT>18°12.7′ </ENT> <ENT>67°23.4′</ENT> </ROW> <ROW> <ENT I="01">D </ENT> <ENT>18°12.7′ </ENT> <ENT>67°26.4′</ENT> </ROW> <ROW> <ENT I="01">A </ENT> <ENT>18°15.7′ </ENT> <ENT>67°26.4′</ENT> </ROW> </GPOTABLE> <P>(ii) <E T="03">Tourmaline Bank.</E> </P> <GPOTABLE CDEF="s25,xls44,xs44" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Point</CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW> <ENT I="01">A </ENT> <ENT>18°11.2′ </ENT> <ENT>67°22.4′</ENT> </ROW> <ROW> <ENT I="01">B </ENT> <ENT>18°11.2′ </ENT> <ENT>67°19.2′</ENT> </ROW> <ROW> <ENT I="01">C </ENT> <ENT>18°08.2′ </ENT> <ENT>67°19.2′</ENT> </ROW> <ROW> <ENT I="01">D </ENT> <ENT>18°08.2′ </ENT> <ENT>67°22.4′</ENT> </ROW> <ROW> <ENT I="01">A </ENT> <ENT>18°11.2′ </ENT> <ENT>67°22.4′</ENT> </ROW> </GPOTABLE> <P>(iii) <E T="03">Abrir La Sierra Bank.</E> </P> <GPOTABLE CDEF="s25,xls44,xs44" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Point</CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW> <ENT I="01">A </ENT> <ENT>18°06.5′ </ENT> <ENT>67°26.9′</ENT> </ROW> <ROW> <ENT I="01">B </ENT> <ENT>18°06.5′ </ENT> <ENT>67°23.9′</ENT> </ROW> <ROW> <ENT I="01">C </ENT> <ENT>18°03.5′ </ENT> <ENT>67°23.9′</ENT> </ROW> <ROW> <ENT I="01">D </ENT> <ENT>18°03.5′ </ENT> <ENT>67°26.9′</ENT> </ROW> <ROW> <ENT I="01">A </ENT> <ENT>18°06.5′ </ENT> <ENT>67°26.9′</ENT> </ROW> </GPOTABLE> <P>(c) <E T="03">Queen conch closure.</E> 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.</P> <CITA>[61 FR 34934, July 3, 1996, as amended at 61 FR 64486, Dec. 5, 1996; 61 FR 65483, Dec. 13, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 622.34</SECTNO> <SUBJECT>Gulf EEZ seasonal and/or area closures.</SUBJECT> <P>(a) <E T="03">Alabama SMZ.</E> 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 § 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 § 622.39(b) and, for Gulf reef fish for which no bag limit is specified in § 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:</P> <GPOTABLE CDEF="s10,11,11" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Point</CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW> <ENT I="01">A</ENT> <ENT>30°02.5′</ENT> <ENT>88°07.7′</ENT> </ROW> <ROW> <ENT I="01">B</ENT> <ENT>30°02.6′</ENT> <ENT>87°59.3′</ENT> </ROW> <ROW> <ENT I="01">C</ENT> <ENT>29°55.0′</ENT> <ENT>87°55.5′</ENT> </ROW> <ROW> <ENT I="01">D</ENT> <ENT>29°54.5′</ENT> <ENT>88°07.5′</ENT> </ROW> <ROW> <ENT I="01">A</ENT> <ENT>30°02.5′</ENT> <ENT>88°07.7′</ENT> </ROW> </GPOTABLE> <P>(b) <E T="03">Florida middle grounds HAPC.</E> 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:</P> <GPOTABLE CDEF="s10,11,11" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Point</CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW> <ENT I="01">A</ENT> <ENT>28°42.5′</ENT> <ENT>84°24.8′</ENT> </ROW> <ROW> <ENT I="01">B</ENT> <ENT>28°42.5′</ENT> <ENT>84°16.3′</ENT> </ROW> <ROW> <ENT I="01">C</ENT> <ENT>28°11.0′</ENT> <ENT>84°00.0′</ENT> </ROW> <ROW> <ENT I="01">D</ENT> <ENT>28°11.0′</ENT> <ENT>84°07.0′</ENT> </ROW> <ROW> <ENT I="01">E</ENT> <ENT>28°26.6′</ENT> <ENT>84°24.8′</ENT> </ROW> <ROW> <ENT I="01">A</ENT> <ENT>28°42.5′</ENT> <ENT>84°24.8′</ENT> </ROW> </GPOTABLE> <P>(c) <E T="03">Reef fish longline and buoy gear restricted area.</E> 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 § 622.39(b)(1) and, for Gulf reef fish for which no bag limit is specified in § 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.</P> <P>(d) <E T="03">Riley's Hump seasonal closure.</E> 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:</P> <GPOTABLE CDEF="s10,11,11" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Point</CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW> <ENT I="01">A</ENT> <ENT>24°32.2′</ENT> <ENT>83°08.7′</ENT> </ROW> <ROW> <ENT I="01">B</ENT> <ENT>24°32.2′</ENT> <ENT>83°05.2′</ENT> </ROW> <ROW> <ENT I="01">C</ENT> <ENT>24°28.7′</ENT> <ENT>83°05.2′</ENT> </ROW> <ROW> <ENT I="01">D</ENT> <ENT>24°28.7′</ENT> <ENT>83°08.7′</ENT> </ROW> <ROW> <ENT I="01">A</ENT> <ENT>24°32.2′</ENT> <ENT>83°08.7′</ENT> </ROW> </GPOTABLE> <P>(e) <E T="03">Shrimp/stone crab separation zones.</E> Five zones are established in the Gulf EEZ and Florida's waters off Citrus <PRTPAGE P="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:</P> <GPOTABLE CDEF="s10,11,11" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Point</CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW> <ENT I="01">A</ENT> <ENT>28°59′30″</ENT> <ENT>82°45′36″</ENT> </ROW> <ROW> <ENT I="01">B</ENT> <ENT>28°59′30″</ENT> <ENT>83°00′10″</ENT> </ROW> <ROW> <ENT I="01">C</ENT> <ENT>28°26′01″</ENT> <ENT>82°59′47″</ENT> </ROW> <ROW> <ENT I="01">D</ENT> <ENT>28°26′01″</ENT> <ENT>82°56′54″</ENT> </ROW> <ROW> <ENT I="01">E</ENT> <ENT>28°41′39″</ENT> <ENT>82°55′25″</ENT> </ROW> <ROW> <ENT I="01">F</ENT> <ENT>28°41′39″</ENT> <ENT>82°56′09″</ENT> </ROW> <ROW> <ENT I="01">G</ENT> <ENT>28°48′56″</ENT> <ENT>82°56′19″</ENT> </ROW> <ROW> <ENT I="01">H</ENT> <ENT>28°53′51″</ENT> <ENT>82°51′19″</ENT> </ROW> <ROW> <ENT I="01">I <SU>1</SU> </ENT> <ENT>28°54′43″</ENT> <ENT>82°44′52″</ENT> </ROW> <ROW> <ENT I="01">J <SU>2</SU> </ENT> <ENT>28°51′09″</ENT> <ENT>82°44′00″</ENT> </ROW> <ROW> <ENT I="01">K</ENT> <ENT>28°50′59″</ENT> <ENT>82°54′16″</ENT> </ROW> <ROW> <ENT I="01">L</ENT> <ENT>28°41′39″</ENT> <ENT>82°53′56″</ENT> </ROW> <ROW> <ENT I="01">M <SU>3</SU> </ENT> <ENT>28°41′39″</ENT> <ENT>82°38′46″</ENT> </ROW> <ROW> <ENT I="01">N</ENT> <ENT>28°41′39″</ENT> <ENT>82°53′12″</ENT> </ROW> <ROW> <ENT I="01">O</ENT> <ENT>28°30′51″</ENT> <ENT>82°55′11″</ENT> </ROW> <ROW> <ENT I="01">P</ENT> <ENT>28°40′00″</ENT> <ENT>82°53′08″</ENT> </ROW> <ROW> <ENT I="01">Q</ENT> <ENT>28°40′00″</ENT> <ENT>82°47′58″</ENT> </ROW> <ROW> <ENT I="01">R</ENT> <ENT>28°35′14″</ENT> <ENT>82°47′47″</ENT> </ROW> <ROW> <ENT I="01">S</ENT> <ENT>28°30′51″</ENT> <ENT>82°52′55″</ENT> </ROW> <ROW> <ENT I="01">T</ENT> <ENT>28°27′46″</ENT> <ENT>82°55′09″</ENT> </ROW> <ROW> <ENT I="01">U</ENT> <ENT>28°30′51″</ENT> <ENT>82°52′09″</ENT> </ROW> <TNOTE> <SU>1</SU> Crystal River Entrance Light 1A.</TNOTE> <TNOTE> <SU>2</SU> Long Pt. (southwest tip).</TNOTE> <TNOTE> <SU>3</SU> Shoreline.</TNOTE> </GPOTABLE> <P>(1) <E T="03">Zone I</E> 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.</P> <P>(2) <E T="03">Zone II</E> is enclosed by rhumb lines connecting, in order, points J, I, H, K, L, and M, plus the shoreline between points J and M.</P> <P>(3) <E T="03">Zone III</E> 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.</P> <P>(4) <E T="03">Zone IV</E> is enclosed by rhumb lines connecting, in order, points E, N, S, O, and E.</P> <P>(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.</P> <P>(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.</P> <P>(5) <E T="03">Zone V</E> is enclosed by rhumb lines connecting, in order, points F, G, K, L, and F.</P> <P>(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.</P> <P>(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.</P> <P>(f) <E T="03">Southwest Florida seasonal trawl closure.</E> 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:</P> <GPOTABLE CDEF="s10,11,11" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Point</CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW> <ENT I="01">B <SU>1</SU> </ENT> <ENT>26°16.0′ </ENT> <ENT>81°58.5′</ENT> </ROW> <ROW> <ENT I="01">C </ENT> <ENT>26°00.0′ </ENT> <ENT>82°04.0′</ENT> </ROW> <ROW> <ENT I="01">D </ENT> <ENT>25°09.0′ </ENT> <ENT>81°47.6′</ENT> </ROW> <ROW> <ENT I="01">E </ENT> <ENT>24°54.5′ </ENT> <ENT>81°50.5′</ENT> </ROW> <ROW> <ENT I="01">M <SU>1</SU> </ENT> <ENT>24°49.3′ </ENT> <ENT>81°46.4′</ENT> </ROW> <TNOTE> <SU>1</SU> On the seaward limit of Florida's waters.</TNOTE> </GPOTABLE> <P>(g) <E T="03">Reef fish stressed area.</E> 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.</P> <P>(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 <E T="03">prima facie</E> 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.</P> <P>(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 <PRTPAGE P="135"/>west coast of Florida, and shrimp trawls with hollow plastic rollers for fishing on soft bottoms, are not considered roller trawls.</P> <P>(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).</P> <P>(h) <E T="03">Texas closure.</E> (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.</P> <P>(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 <E T="04">Federal Register</E>.</P> <P>(i) <E T="03">Tortugas shrimp sanctuary.</E> (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:</P> <GPOTABLE CDEF="s10,11,11" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Point</CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW> <ENT I="01">N <SU>1</SU> </ENT> <ENT>25°52.9′ </ENT> <ENT>81°37.9′</ENT> </ROW> <ROW> <ENT I="01">F </ENT> <ENT>24°50.7′ </ENT> <ENT>81°51.3′</ENT> </ROW> <ROW> <ENT I="01">G <SU>2</SU> </ENT> <ENT>24°40.1′ </ENT> <ENT>82°26.7′</ENT> </ROW> <ROW> <ENT I="01">H <SU>3</SU> </ENT> <ENT>24°34.7′ </ENT> <ENT>82°35.2′</ENT> </ROW> <ROW> <ENT I="01">P <SU>4</SU> </ENT> <ENT>24°35.0′ </ENT> <ENT>82°08.0′</ENT> </ROW> <TNOTE> <SU>1</SU> Coon Key Light.</TNOTE> <TNOTE> <SU>2</SU> New Ground Rocks Light.</TNOTE> <TNOTE> <SU>3</SU> Rebecca Shoal Light.</TNOTE> <TNOTE> <SU>4</SU> Marquessas Keys.</TNOTE> </GPOTABLE> <P>(2) The provisions of paragraph (i)(1) of this section notwithstanding—</P> <P>(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°47.8′ N. lat., 82°01.0′ W. long. to point U at 24°43.83′ N. lat., 82°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°42.55′ N. lat., 82°15.0′ W. long.; thence north to point W at 24°43.6′ N. lat., 82°15.0′ W. long.</P> <P>(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.</P> <P>(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°46.7′ N. lat., 81°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.</P> <P>(j) <E T="03">West and East Flower Garden Banks HAPC.</E> 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°52′14.21″ N. lat., 93°48′54.79″ W. long. and 27°55′07.44″ N. lat., 93°36′08.49″ W. long., respectively. The HAPC extends from these centers to the 50-fathom (300-ft) (91.4-m) isobath.</P> <P>(k) <E T="03">Wild live rock area closures.</E> No person may harvest or possess wild live rock in the Gulf EEZ—</P> <P>(1) North and west of a line extending in a direction of 235° from true north from a point at the mouth of the Suwannee River at 29°17.25′ N. lat., 83°09.9′ W. long. (the Levy/Dixie County, FL, boundary); or</P> <P>(2) South of 25°20.4′ N. lat. (due west from the Monroe/Collier County, FL, boundary).</P> <P>(l) <E T="03">Closures of the commercial fishery for red snapper</E>. 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 <PRTPAGE P="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 § 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 § 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 § 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.</P> <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 63 FR 18146, Apr. 14, 1998, in § 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:</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 622.34</SECTNO> <SUBJECT>Gulf EEZ seasonal and/or area closures.</SUBJECT> <STARS/> <P>(m) <E T="03">Closures of the commercial fishery for red snapper</E>. 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 § 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 § 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 § 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.</P> </SECTION> <SECTION> <SECTNO>§ 622.35</SECTNO> <SUBJECT>South Atlantic EEZ seasonal and/or area closures.</SUBJECT> <P>(a) <E T="03">Allowable octocoral closed area.</E> No person may harvest or possess allowable octocoral in the South Atlantic EEZ north of 28°35.1′ N. lat. (due east of the NASA Vehicle Assembly Building, Cape Canaveral, FL).</P> <P>(b) <E T="03">Longline closed areas.</E> A longline may not be used to fish in the EEZ for South Atlantic snapper-grouper south of 27°10′ N. lat. (due east of the entrance to St. Lucie Inlet, FL); or north of 27°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°10′ N. lat., or north of 27°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 § 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.</P> <P>(c) <E T="03">Oculina Bank HAPC.</E> The Oculina Bank HAPC is bounded on the north by 27°53′ N. lat., on the south by 27°30′ N. lat., on the east by 79°56′ W. long., and on the west by 80°00′ W. long. In the Oculina Bank HAPC:</P> <P>(1) Fishing with a bottom longline, bottom trawl, dredge, pot, or trap is prohibited.</P> <P>(2) A fishing vessel may not anchor, use an anchor and chain, or use a grapple and chain.</P> <P>(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 <PRTPAGE P="137"/>cutting the line without removing the fish from the water.</P> <P>(d) <E T="03">South Atlantic shrimp cold weather closure.</E> (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.</P> <P>(2) During a closure, as specified in paragraph (d)(1) of this section—</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(e) <E T="03">SMZs.</E> (1) The SMZs consist of artificial reefs and surrounding areas as follows:</P> <P>(i) <E T="03">Paradise Reef</E> is bounded on the north by 33°31.59′ N. lat.; on the south by 33°30.51′ N. lat.; on the east by 78°57.55′ W. long.; and on the west by 78°58.85′ W. long.</P> <P>(ii) <E T="03">Ten Mile Reef</E> is bounded on the north by 33°26.65′ N. lat.; on the south by 33°24.80′ N. lat.; on the east by 78°51.08′ W. long.; and on the west by 78°52.97′ W. long.</P> <P>(iii) <E T="03">Pawleys Island Reef</E> is bounded on the north by 33°26.58′ N. lat.; on the south by 33°25.76′ N. lat.; on the east by 79°00.29′ W. long.; and on the west by 79°01.24′ W. long.</P> <P>(iv) <E T="03">Georgetown Reef</E> is bounded on the north by 33°14.90′ N. lat.; on the south by 33°13.85′ N. lat.; on the east by 78°59.45′ W. long.; and on the west by 79°00.65′ W. long.</P> <P>(v) <E T="03">Capers Reef</E> is bounded on the north by 32°45.45′ N. lat.; on the south by 32°43.91′ N. lat.; on the east by 79°33.81′ W. long.; and on the west by 79°35.10′ W. long.</P> <P>(vi) <E T="03">Kiawah Reef</E> is bounded on the north by 32°29.78′ N. lat.; on the south by 32°28.25′ N. lat.; on the east by 79°59.00′ W. long.; and on the west by 80°00.95′ W. long.</P> <P>(vii) <E T="03">Edisto Offshore Reef</E> is bounded on the north by 32°15.30′ N. lat.; on the south by 32°13.90′ N. lat.; on the east by 79°50.25′ W. long.; and on the west by 79°51.45′ W. long.</P> <P>(viii) <E T="03">Hunting Island Reef</E> is bounded on the north by 32°13.72′ N. lat.; on the south by 32°12.30′ N. lat.; on the east by 80°19.23′ W. long.; and on the west by 80°21.00′ W. long.</P> <P>(ix) <E T="03">Fripp Island Reef</E> is bounded on the north by 32°15.92′ N. lat.; on the south by 32°14.75′ N. lat.; on the east by 80°21.62′ W. long.; and on the west by 80°22.90′ W. long.</P> <P>(x) <E T="03">Betsy Ross Reef</E> is bounded on the north by 32°03.60′ N. lat.; on the south by 32°02.88′ N. lat.; on the east by 80°24.57′ W. long.; and on the west by 80°25.50′ W. long.</P> <P>(xi) <E T="03">Hilton Head Reef/Artificial Reef—T</E> is bounded on the north by 32°00.71′ N. lat.; on the south by 31°59.42′ N. lat.; on the east by 80°35.23′ W. long.; and on the west by 80°36.37′ W. long.</P> <P>(xii) <E T="03">Artificial Reef—A</E> is bounded on the north by 30°56.4′ N. lat.; on the south by 30°55.2′ N. lat.; on the east by <PRTPAGE P="138"/>81°15.4′ W. long.; and on the west by 81°16.5′ W. long.</P> <P>(xiii) <E T="03">Artificial Reef—C</E> is bounded on the north by 30°51.4′ N. lat.; on the south by 30°50.1′ N. lat.; on the east by 81°09.1′ W. long.; and on the west by 81°10.4′ W. long.</P> <P>(xiv) <E T="03">Artificial Reef—G</E> is bounded on the north by 30°59.1′ N. lat.; on the south by 30°57.8′ N. lat.; on the east by 80°57.7′ W. long.; and on the west by 80°59.2′ W. long.</P> <P>(xv) <E T="03">Artificial Reef—F</E> is bounded on the north by 31°06.6′ N. lat.; on the south by 31°05.6′ N. lat.; on the east by 81°11.4′ W. long.; and on the west by 81°13.3′ W. long.</P> <P>(xvi) <E T="03">Artificial Reef—J</E> is bounded on the north by 31°36.7′ N. lat.; on the south by 31°35.7′ N. lat.; on the east by 80°47.0′ W. long.; and on the west by 80°48.1′ W. long.</P> <P>(xvii) <E T="03">Artificial Reef—L</E> is bounded on the north by 31°46.2′ N. lat.; on the south by 31°45.1′ N. lat.; on the east by 80°35.8′ W. long.; and on the west by 80°37.1′ W. long.</P> <P>(xviii) <E T="03">Artificial Reef—KC</E> is bounded on the north by 31°51.2′ N. lat.; on the south by 31°50.3′ N. lat.; on the east by 80°46.0′ W. long.; and on the west by 80°47.2′ W. long.</P> <P>(xix) <E T="03">Ft. Pierce Inshore Reef</E> is bounded on the north by 27°26.8’ N. lat.; on the south by 27°25.8’ N. lat.; on the east by 80°09.24’ W. long.; and on the west by 80°10.36’ W. long.</P> <P>(xx) <E T="03">Ft. Pierce Offshore Reef</E> is bounded by rhumb lines connecting, in order, the following points:</P> <GPOTABLE CDEF="s10,11,11" COLS="3" OPTS="L2,i1"> <BOXHD> <CHED H="1">Point</CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW> <ENT I="01">A </ENT> <ENT>27°23.68′ </ENT> <ENT>80°03.95′</ENT> </ROW> <ROW> <ENT I="01">B </ENT> <ENT>27°22.80′ </ENT> <ENT>80°03.60′</ENT> </ROW> <ROW> <ENT I="01">C </ENT> <ENT>27°23.94′ </ENT> <ENT>80°00.02′</ENT> </ROW> <ROW> <ENT I="01">D </ENT> <ENT>27°24.85′ </ENT> <ENT>80°00.33′</ENT> </ROW> <ROW> <ENT I="01">A </ENT> <ENT>27°23.68′ </ENT> <ENT>80°03.95′</ENT> </ROW> </GPOTABLE> <P>(xxi) <E T="03">Key Biscayne/Artificial Reef—H</E> is bounded on the north by 25°42.82′ N. lat.; on the south by 25°41.32′ N. lat.; on the east by 80°04.22′ W. long.; and on the west by 80°05.53′ W. long.</P> <P>(xxii) <E T="03">Little River Offshore Reef</E> is bounded on the north by 33°42.10′ N. lat.; on the south by 33°41.10′ N. lat.; on the east by 78°26.40′ W. long.; and on the west by 78°27.10′ W. long.</P> <P>(xxiii) <E T="03">BP-25 Reef</E> is bounded on the north by 33°21.70′ N. lat.; on the south by 33°20.70′ N. lat.; on the east by 78°24.80′ W. long.; and on the west by 78°25.60′ W. long.</P> <P>(xxiv) <E T="03">Vermilion Reef</E> is bounded on the north by 32°57.80′ N. lat.; on the south by 32°57.30′ N. lat.; on the east by 78°39.30′ W. long.; and on the west by 78°40.10′ W. long.</P> <P>(xxv) <E T="03">Cape Romaine Reef</E> is bounded on the north by 33°00.00′ N. lat.; on the south by 32°59.50′ N. lat.; on the east by 79°02.01′ W. long.; and on the west by 79°02.62′ W. long.</P> <P>(xxvi) <E T="03">Y-73 Reef</E> is bounded on the north by 32°33.20′ N. lat.; on the south by 32°32.70′ N. lat.; on the east by 79°19.10′ W. long.; and on the west by 79°19.70′ W. long.</P> <P>(xxvii) <E T="03">Eagles Nest Reef</E> is bounded on the north by 32°01.48′ N. lat.; on the south by 32°00.98′ N. lat.; on the east by 80°30.00′ W. long.; and on the west by 80°30.65′ W. long.</P> <P>(xxviii) <E T="03">Bill Perry Jr. Reef</E> is bounded on the north by 33°26.20′ N. lat.; on the south by 33°25.20′ N. lat.; on the east by 78°32.70′ W. long.; and on the west by 78°33.80′ W. long.</P> <P>(xxix) <E T="03">Comanche Reef</E> is bounded on the north by 32°27.40′ N. lat.; on the south by 32°26.90′ N. lat.; on the east by 79°18.80′ W. long.; and on the west by 79°19.60′ W. long.</P> <P>(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:</P> <P>(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.</P> <P>(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.</P> <P>(iii) In the SMZs specified in paragraphs (e)(1) (xix) and (xxi) of this section, the use of spearfishing gear is prohibited.</P> <P>(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 <PRTPAGE P="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 <E T="03">prima facie</E> evidence that such fish was taken with a powerhead in the SMZ.</P> <P>(f) <E T="03">Golden crab trap closed areas.</E> 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 § 622.17(h) for specification of the golden crab zones.</P> <P>(g) <E T="03">Rock shrimp closed area</E>. No person may trawl for rock shrimp in the area east of 80<E T="81">°</E>00′ W. long. between 27<E T="81">°</E>30′ N. lat. and 28<E T="81">°</E>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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 622.36</SECTNO> <SUBJECT>Seasonal harvest limitations.</SUBJECT> <P>(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 § 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 § 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 § 622.45(c)(1).</P> <P>(b) The following limitations apply in the South Atlantic EEZ:</P> <P>(1) <E T="03">Greater amberjack spawning season.</E> During April, each year, south of 28°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.</P> <P>(2) <E T="03">Mutton snapper spawning season.</E> 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.</P> <P>(3) <E T="03">Wreckfish spawning-season closure.</E> 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.</P> <CITA>[61 FR 34934, July 3, 1996, as amended at 62 FR 67723, Dec. 30, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 622.37</SECTNO> <SUBJECT>Minimum sizes.</SUBJECT> <P>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.</P> <P>(a) <E T="03">Caribbean reef fish:</E> Yellowtail snapper—12 inches (30.5 cm), TL.</P> <P>(b) <E T="03">Caribbean spiny lobster—</E>3.5 inches (8.9 cm), carapace length.</P> <P>(c) <E T="03">Coastal migratory pelagic fish.</E> (1) Cobia in the Gulf, Mid-Atlantic, or South Atlantic—33 inches (83.8 cm), fork length.</P> <P>(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 § 622.42(c)(1) may possess undersized king mackerel in quantities not exceeding 5 percent, by weight, of the king mackerel on board.</P> <P>(3) Spanish mackerel in the Gulf, South Atlantic, or Mid-Atlantic—12 <PRTPAGE P="140"/>inches (30.5 cm), fork length, except that a vessel fishing under a quota for Spanish mackerel specified in § 622.42(c)(2) may possess undersized Spanish mackerel in quantities not exceeding 5 percent, by weight, of the Spanish mackerel on board.</P> <P>(d) <E T="03">Gulf reef fish</E>. (1) Black sea bass and lane and vermillion snapper—8 inches (20.3 cm), TL.</P> <P>(2) Gray, mutton, and yellowtail snappers—12 inches (30.5 cm), TL.</P> <P>(3) Red snapper—15 inches (38.1 cm), TL.</P> <P>(4) Black, red, and yellowfin groupers and gag—20 inches, (50.8 cm), TL.</P> <P>(5) Greater amberjack—28 inches (71.1 cm), fork length, for a fish taken by a person subject to the bag limit specified in § 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.</P> <P>(e) <E T="03">South Atlantic snapper-grouper.</E> (1) Black sea bass and lane snapper—8 inches (20.3 cm), TL.</P> <P>(2) Vermilion snapper—10 inches (25.4 cm), TL, for a fish taken by a person subject to the bag limit specified in § 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.</P> <P>(3) Blackfin, cubera, dog, gray, mahogany, queen, silk, and yellowtail snappers; schoolmaster; and red porgy—12 inches (30.5 cm), TL.</P> <P>(4) Gray triggerfish in the South Atlantic EEZ off Florida—12 inches (30.5 cm), TL.</P> <P>(5) Hogfish—12 inches (30.5 cm), fork length.</P> <P>(6) Mutton snapper—16 inches (40.6 cm), TL.</P> <P>(7) Black, red, yellowfin, and yellowmouth grouper; scamp; gag; and red snapper—20 inches (50.8 cm), TL.</P> <P>(8) Greater amberjack—28 inches (71.1 cm), fork length, for a fish taken by a person subject to the bag limit specified in § 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.)</P> <P>(f) <E T="03">Gulf shrimp.</E> 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.</P> <P>(g) <E T="03">Caribbean queen conch</E>—9 inches (22.9 cm) in length, that is, from the tip of the spire to the distal end of the shell, and <FR>3/8</FR> 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 <FR>3/8</FR> inch (9.5 mm) is not undersized.</P> <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 62 FR 47766, Sept. 11, 1997, § 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:</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 622.37</SECTNO> <SUBJECT>Minimum sizes.</SUBJECT> <STARS/> <P>(d) <E T="03">Gulf reef fish</E>. (1) Black sea bass and lane snapper—8 inches (20.3 cm), TL.<STARS/> </P> <P>(6) Vermillion snapper—10 inches (25.4 cm), TL.<STARS/> </P> </SECTION> <SECTION> <SECTNO>§ 622.38</SECTNO> <SUBJECT>Landing fish intact.</SUBJECT> <P>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.</P> <P>(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 <PRTPAGE P="141"/>this section. Such fish may be eviscerated, gilled, and scaled, but must otherwise be maintained in a whole condition.</P> <P>(b) A Caribbean spiny lobster in or from the Caribbean EEZ must be maintained with head and carapace intact.</P> <P>(c) Shark, swordfish, and tuna species are exempt from the requirements of paragraph (a) of this section.</P> <P>(d) In the Gulf EEZ:</P> <P>(1) Bait is exempt from the requirement to be maintained with head and fins intact.</P> <P>(i) For the purpose of this paragraph (d)(1), bait means—</P> <P>(A) Packaged, headless fish fillets that have the skin attached and are frozen or refrigerated;</P> <P>(B) Headless fish fillets that have the skin attached and are held in brine; or</P> <P>(C) Small pieces no larger than 3 in<SU>3</SU> (7.6 cm<SU>3</SU>) 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.</P> <P>(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.</P> <P>(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—</P> <P>(i) Such finfish do not exceed any applicable bag limit;</P> <P>(ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per person aboard; and</P> <P>(iii) The vessel is equipped to cook such finfish on board.</P> <P>(e) In the South Atlantic EEZ, a greater amberjack on or offloaded ashore from a vessel that has a permit specified in § 622.4(a)(2)(vi) may be deheaded and eviscerated, but must otherwise be maintained in a whole condition through offloading ashore.</P> <P>(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.</P> <P>(g) A Caribbean conch resource in or from the Caribbean EEZ must be maintained with meat and shell intact.</P> <P>(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 § 622.44(a). Such cut-off (damaged) king mackerel are not counted against the trip limit and may not be sold or purchased.</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 622.39</SECTNO> <SUBJECT>Bag and possession limits.</SUBJECT> <P>(a) <E T="03">Applicability.</E> (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 § 622.4(a)(2) for the appropriate species/species group. However, see § 622.32 for limitations on taking prohibited and limited-harvest species. The limitations in § 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 <PRTPAGE P="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.</P> <P>(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—</P> <P>(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.</P> <P>(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 § 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.</P> <P>(iii) For a species/species group when its quota has been reached and closure has been effected.</P> <P>(iv) When the vessel has on board or is tending any trap other than a fish trap authorized under § 622.40(a)(2), a stone crab trap, or a spiny lobster trap.</P> <P>(3) Paragraph (a)(1) of this section notwithstanding, the bag and other limits specified in § 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.</P> <P>(b) <E T="03">Gulf reef fish</E>—(1) <E T="03">Bag limits.</E> (i) Greater amberjack—1.</P> <P>(ii) Groupers, combined, excluding jewfish and Nassau grouper—5.</P> <P>(iii) Red snapper—5.</P> <P>(iv) Snappers, combined, excluding red, lane, and vermilion snapper—10.</P> <P>(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.</P> <P>(2) <E T="03">Possession limits.</E> 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.</P> <P>(c) <E T="03">King and Spanish mackerel</E>—(1) <E T="03">Bag limits.</E> (i) Atlantic migratory group king mackerel—</P> <P>(A) Mid-Atlantic and South Atlantic, other than off Florida—3.</P> <P>(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.</P> <P>(ii) Gulf migratory group king mackerel—2.</P> <P>(iii) Atlantic migratory group Spanish mackerel—10.</P> <P>(iv) Gulf migratory group Spanish mackerel—</P> <P>(A) Off Louisiana, Mississippi, and Alabama—10.</P> <P>(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.</P> <P>(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.</P> <P>(2) <E T="03">Possession limits.</E> 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 <PRTPAGE P="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.</P> <P>(d) <E T="03">South Atlantic snapper-grouper</E>—(1) <E T="03">Bag limits.</E> (i) Greater amberjack—3.</P> <P>(ii) Groupers, combined, excluding jewfish and Nassau grouper, and tilefishes—5.</P> <P>(iii) Hogfish in the South Atlantic off Florida—5.</P> <P>(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 § 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.)</P> <P>(v) Vermilion snapper—10.</P> <P>(2) <E T="03">Possession limits.</E> Provided each passenger is issued and has in possession a receipt issued on behalf of the vessel that verifies the duration of the trip—</P> <P>(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.</P> <P>(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.</P> <P>(3) <E T="03">Longline bag limits.</E> 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.</P> <P>(e) <E T="03">Caribbean queen conch</E>—(1) <E T="03">Applicability.</E> 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 § 622.44 for the commercial daily trip limit.</P> <P>(2) <E T="03">Bag limit.</E> 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.</P> <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 63 FR 18147, Apr. 14, 1998, in § 622.39, paragraph (b)(1)(iii) was suspended and paragraph (b)(1)(vi) was added, effective Apr. 29, 1998, through Oct. 13, 1998.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 622.39</SECTNO> <SUBJECT>Bag and possession limits.</SUBJECT> <STARS/> <P>(b) * * *</P> <P>(1) * * *</P> <P>(vi) Redsnapper—4.</P> </SECTION> <SECTION> <SECTNO>§ 622.40</SECTNO> <SUBJECT>Limitations on traps and pots.</SUBJECT> <P>(a) <E T="03">Tending—</E>(1) <E T="03">Caribbean EEZ.</E> 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.</P> <P>(2) <E T="03">Gulf EEZ</E>. 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 <PRTPAGE P="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.</P> <P>(3) <E T="03">South Atlantic EEZ.</E> 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.</P> <P>(b) <E T="03">Escape mechanisms—</E>(1) <E T="03">Caribbean EEZ.</E> (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 <FR>1/8</FR> 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 <FR>1/8</FR> 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.</P> <P>(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:</P> <P>(A) Untreated fiber of biological origin with a diameter not exceeding <FR>1/8</FR> inch (3.2 mm). This includes, but is not limited to tyre palm, hemp, jute, cotton, wool, or silk.</P> <P>(B) Ungalvanized or uncoated iron wire with a diameter not exceeding <FR>1/16</FR> inch (1.6 mm), that is, 16 gauge wire.</P> <P>(2) <E T="03">Gulf EEZ.</E> 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 in<E T="51">2</E> (929 cm<E T="51">2</E>) 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:</P> <P>(i) Untreated jute string with a diameter not exceeding <FR>3/16</FR> inch (4.8 mm) that is not wrapped or overlapped.</P> <P>(ii) Magnesium alloy, time float releases (pop-up devices) or similar magnesium alloy fasteners.</P> <P>(3) <E T="03">South Atlantic EEZ.</E> (i) A sea bass pot that is used or possessed in the South Atlantic EEZ between 35°15.3’ N. lat. (due east of Cape Hatteras Light, NC) and 28°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:</P> <P>(A) Untreated hemp, jute, or cotton string with a diameter not exceeding <FR>3/16</FR> inch (4.8 mm).</P> <P>(B) Magnesium alloy, timed float releases (pop-up devices) or similar magnesium alloy fasteners.</P> <P>(C) Ungalvanized or uncoated iron wire with a diameter not exceeding <FR>1/16</FR> inch (1.6 mm), that is, 16 gauge wire.</P> <P>(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 <PRTPAGE P="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—</P> <P>(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 <FR>3/16</FR> inch (0.48 cm) in diameter.</P> <P>(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 <FR>3/16</FR> inch (4.8 mm) in diameter.</P> <P>(c) <E T="03">Construction requirements and mesh sizes—</E>(1) <E T="03">Caribbean EEZ.</E> 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.</P> <P>(2) <E T="03">Gulf EEZ.</E> 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):</P> <P>(i) A minimum of 2 in<E T="51">2</E> (12.9 cm<E T="51">2</E>) opening for each mesh.</P> <P>(ii) One-inch (2.5-cm) minimum length for the shortest side.</P> <P>(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.</P> <P>(iv) One and nine-tenths inches (4.8 cm) minimum distance for diagonal measures of mesh.</P> <P>(3) <E T="03">South Atlantic EEZ.</E> (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):</P> <P>(A) Hexagonal mesh (chicken wire)—at least 1.5 inches (3.8 cm) between the wrapped sides;</P> <P>(B) Square mesh—at least 1.5 inches (3.8 cm) between sides; or</P> <P>(C) Rectangular mesh—at least 1 inch (2.5 cm) between the longer sides and 2 inches (5.1 cm) between the shorter sides.</P> <P>(ii) A golden crab trap deployed or possessed in the South Atlantic EEZ may not exceed 64 ft<E T="51">3</E> (1.8 m<E T="51">3</E>) in volume in the northern zone or 48 ft<E T="51">3</E> (1.4 m<E T="51">3</E>) in volume in the middle and southern zones. See § 622.17(h) for specification of the golden crab zones.</P> <P>(d) <E T="03">Area-specific restrictions—</E>(1) <E T="03">Gulf EEZ.</E> 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 ft<E T="51">3</E> (0.9 m<E T="51">3</E>) 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.</P> <P>(2) <E T="03">South Atlantic EEZ.</E> (i) In the South Atlantic EEZ, sea bass pots may not be used or possessed in multiple configurations, that is, two or more <PRTPAGE P="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.</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 622.41</SECTNO> <SUBJECT>Species specific limitations.</SUBJECT> <P>(a) <E T="03">Aquacultured live rock.</E> In the Gulf or South Atlantic EEZ:</P> <P>(1) Aquacultured live rock may be harvested only under a permit, as required under § 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.</P> <P>(2) The following restrictions apply to individual aquaculture activities:</P> <P>(i) No aquaculture site may exceed 1 acre (0.4 ha) in size.</P> <P>(ii) Material deposited on the aquaculture site—</P> <P>(A) May not be placed over naturally occurring reef outcrops, limestone ledges, coral reefs, or vegetated areas.</P> <P>(B) Must be free of contaminants.</P> <P>(C) Must be nontoxic.</P> <P>(D) Must be placed on the site by hand or lowered completely to the bottom under restraint, that is, not allowed to fall freely.</P> <P>(E) Must be placed from a vessel that is anchored.</P> <P>(F) In the Gulf EEZ, must be distinguishable, geologically or otherwise (for example, be indelibly marked or tagged), from the naturally occurring substrate.</P> <P>(G) In the South Atlantic EEZ, must be geologically distinguishable from the naturally occurring substrate and, in addition, may be indelibly marked or tagged.</P> <P>(iii) A minimum setback of at least 50 ft (15.2 m) must be maintained from natural vegetated or hard bottom habitats.</P> <P>(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.</P> <P>(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:</P> <P>(i) Permit number of site to be harvested and date of harvest.</P> <P>(ii) Name and official number of the vessel to be used in harvesting.</P> <P>(iii) Date, port, and facility at which aquacultured live rock will be landed.</P> <P>(b) <E T="03">Caribbean reef fish.</E> 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.</P> <P>(c) <E T="03">Coastal migratory pelagic fish</E>—(1) <E T="03">Authorized gear</E>. Subject to the prohibitions on gear/methods specified in § 622.31, the following are the only fishing gears that may be used in the Gulf, Mid-Atlantic, and South Atlantic EEZ <PRTPAGE P="147"/>in directed fisheries for coastal migratory pelagic fish:</P> <P>(i) King mackerel, Atlantic migratory group—</P> <P>(A) North of 34°37.3’ N. lat., the latitude of Cape Lookout Light, NC—all gear except drift gillnet and long gillnet.</P> <P>(B) South of 34°37.3’ N. lat.—automatic reel, bandit gear, handline, and rod and reel.</P> <P>(ii) King mackerel, Gulf migratory group—hook-and-line gear and run-around gillnet.</P> <P>(iii) Spanish mackerel, Atlantic migratory group—automatic reel, bandit gear, handline, rod and reel, cast net, run-around gillnet, and stab net.</P> <P>(iv) Spanish mackerel, Gulf migratory group—all gear except drift gillnet, long gillnet, and purse seine.</P> <P>(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°37.3’ N. lat.—automatic reel, bandit gear, handline, rod and reel, and pelagic longline.</P> <P>(vi) Cero in the South Atlantic EEZ and little tunny in the South Atlantic EEZ north of 34°37.3’ N. lat.—all gear except drift gillnet and long gillnet.</P> <P>(vii) Bluefish, cero, cobia, dolphin, and little tunny in the Gulf EEZ—all gear except drift gillnet and long gillnet.</P> <P>(2) <E T="03">Unauthorized gear</E>. Gear types other than those specified in paragraph (c)(1) of this section are unauthorized gear and the following possession limitations apply:</P> <P>(i) <E T="03">Long gillnets</E>. 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.</P> <P>(ii) <E T="03">Drift gillnets</E>. 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.</P> <P>(iii) <E T="03">Other unauthorized gear</E>. 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 § 622.39(c)(1)(ii) and to the limit on cobia specified in § 622.32(c)(1).</P> <P>(iv) <E T="03">Exception for king mackerel in the Gulf EEZ</E>. 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:</P> <P>(A) Such vessel may use in the Gulf EEZ no unauthorized gear in a directed fishery for king mackerel.</P> <P>(B) If such a vessel has a drift gillnet or a long gillnet on board, no king mackerel may be possessed.</P> <P>(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 § 622.43(a)(3) and the trip limits specified in § 622.44(a). See also paragraph (c)(4) of this section regarding the purse seine incidental catch allowance of king mackerel.</P> <P>(3) <E T="03">Gillnets</E>—(i) <E T="03">King mackerel</E>. 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.</P> <P>(ii) <E T="03">Spanish mackerel</E>. (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), <PRTPAGE P="148"/>stretched mesh, may not possess on that trip any Spanish mackerel.</P> <P>(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°20.4’ N. lat., which is a line directly east from the Dade/Monroe County, FL, boundary—</P> <P>(<E T="03">1</E>) 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).</P> <P>(<E T="03">2</E>) No person may fish with, set, or place in the water more than one gillnet at any one time.</P> <P>(<E T="03">3</E>) 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).</P> <P>(<E T="03">4</E>) 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.</P> <P>(<E T="03">5</E>) The float line of each gillnet possessed, including any net in use, must have the distinctive floats specified in § 622.6(b)(2).</P> <P>(4) <E T="03">Purse seine incidental catch allowance</E>. 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 § 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 § 622.42(c) and are subject to the prohibition of sale under § 622.43(a)(3)(iii).</P> <P>(d) <E T="03">South Atlantic snapper-grouper</E>—(1) <E T="03">Authorized gear</E>. Subject to the gear restrictions specified in § 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.</P> <P>(2) <E T="03">Unauthorized gear.</E> 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.</P> <P>(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.</P> <P>(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:</P> <P>(A) South Atlantic snapper-grouper species for which a bag limit is specified in § 622.39(d)(1)—the bag limit.</P> <P>(B) All other South Atlantic snapper-grouper—zero.</P> <P>(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.</P> <P>(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.</P> <P>(3) <E T="03">Possession allowance regarding sink nets off North Carolina</E>. A vessel that has on board a commercial permit for <PRTPAGE P="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.</P> <P>(4)<E T="03"> Possession allowance regarding bait nets</E>. 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.</P> <P>(5) <E T="03">Possession allowance regarding cast nets</E>. 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.</P> <P>(e) <E T="03">South Atlantic golden crab.</E> 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.</P> <P>(f) <E T="03">Caribbean queen conch.</E> 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.</P> <P>(g) <E T="03">Shrimp in the South Atlantic</E>—(1) <E T="03">BRD requirement.</E> 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.</P> <P>(2) <E T="03">Certified BRDs.</E> 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.</P> <P>(i) Extended funnel.</P> <P>(ii) Expanded mesh.</P> <P>(iii) Fisheye.</P> <P>(h) <E T="03">Shrimp in the Gulf</E>—(1) <E T="03">BRD requirement</E>. (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°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.</P> <P>(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.</P> <P>(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.<PRTPAGE P="150"/> </P> <P>(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.</P> <P>(2) <E T="03">Certified BRDs</E>. 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.</P> <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 63 FR 27500, May 19, 1998, in § 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:</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 622.41</SECTNO> <SUBJECT>Species specific limitations.</SUBJECT> <STARS/> <P>(h) * * *</P> <P>(3) <E T="03">Certified BRDs</E>. 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.</P> <P>(i) Fisheye</P> <P>(ii) Gulf fisheye.</P> <P>(iii) Jones-Davis.</P> </SECTION> <SECTION> <SECTNO>§ 622.42</SECTNO> <SUBJECT>Quotas.</SUBJECT> <P>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 § 622.32 for limitations on taking prohibited and limited-harvest species. The limitations in § 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.)</P> <P>(a) <E T="03">Gulf reef fish</E>—(1) <E T="03">Commercial quotas</E>. The following quotas apply to persons who fish under commercial vessel permits for Gulf reef fish, as required under § 622.4(a)(2)(v).</P> <P>(i) Red snapper—4.65 million lb (2.11 million kg), round weight, apportioned as follows:</P> <P>(A) 3.06 million lb (1.39 million kg) available at noon on February 1 each year, subject to the closure provisions of §§ 622.34(l) and 622.43(a)(1)(i).</P> <P>(B) The remainder available at noon on September 1 each year, subject to the closure provisions of §§ 622.34(l) and 622.43(a)(1)(i).</P> <P>(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.</P> <P>(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.</P> <P>(2) <E T="03">Recreational quota for red snapper</E>. 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.</P> <P>(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.</P> <P>(b) <E T="03">Gulf and South Atlantic coral</E>—(1) <E T="03">Allowable octocoral.</E> 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.</P> <P>(2) <E T="03">Wild live rock in the Gulf.</E> The quota for all persons who harvest wild live rock in the Gulf EEZ is 500,000 lb <PRTPAGE P="151"/>(226,796 kg). Commencing with the fishing year that begins January 1, 1997, the quota is zero.</P> <P>(c) <E T="03">King and Spanish mackerel.</E> King and Spanish mackerel quotas apply to persons who fish under commercial vessel permits for king or Spanish mackerel, as required under § 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.</P> <P>(1) <E T="03">Migratory groups of king mackerel</E>—(i) <E T="03">Gulf migratory group</E>. 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°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:</P> <P>(A) <E T="03">Eastern zone</E>—2.34 million lb (1.06 million kg), which is further divided into quotas as follows:</P> <P>(<E T="03">1</E>) <E T="03">Florida east coast subzone</E>—1.17 million lb (0.53 million kg).</P> <P>(<E T="03">2</E>) <E T="03">Florida west coast subzone</E>—1.17 million lb (0.53 million kg), which is further divided into quotas by gear types as follows:</P> <P>(<E T="03">i</E>) 585,000 lb (265,352 kg) for vessels fishing with hook-and-line gear.</P> <P>(<E T="03">ii</E>) 585,000 lb (265,352 kg) for vessels fishing with run-around gillnets.</P> <P>(<E T="03">3</E>) The Florida east coast subzone is that part of the eastern zone north of 25°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°20.4’ N. lat.</P> <P>(<E T="03">B</E>) <E T="03">Western zone</E>—1.05 million lb (0.48 million kg).</P> <P>(ii) <E T="03">Atlantic migratory group</E>. 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.</P> <P>(2) <E T="03">Migratory groups of Spanish mackerel</E>—(i) <E T="03">Gulf migratory group</E>. The quota for the Gulf migratory group of Spanish mackerel is 3.99 million lb (1.81 million kg).</P> <P>(ii) <E T="03">Atlantic migratory group</E>. The quota for the Atlantic migratory group of Spanish mackerel is 4.00 million lb (1.81 million kg).</P> <P>(d) <E T="03">Royal red shrimp in the Gulf.</E> The quota for all persons who harvest royal red shrimp in the Gulf is 392,000 lb (177.8 mt), tail weight.</P> <P>(e) <E T="03">South Atlantic snapper-grouper, excluding wreckfish.</E> The quotas apply to persons who are not subject to the bag limits. (See § 622.39(a)(1) for applicability of the bag limits.)</P> <P>(1) <E T="03">Snowy grouper</E>—344,508 lb (156,266 kg), gutted weight, that is, eviscerated but otherwise whole.</P> <P>(2) <E T="03">Golden tilefish</E>—1,001,663 lb (454,347 kg), gutted weight, that is, eviscerated but otherwise whole.</P> <P>(f) <E T="03">Wreckfish.</E> 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 § 622.15 for information on the wreckfish shareholder under the ITQ system.</P> <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Notes:</HD> <P>1. At 63 FR 18147, Apr. 14, 1998, in § 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.</P> <P>2. At 63 FR 45763, Aug. 27, 1998, in § 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 “§ 622.34(l)” to read “§ 622.34(m)”, effective Aug. 27, 1998, through Feb. 24, 1999. For the convenience of the user, paragraph (g) is set forth as follows:</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 622.42</SECTNO> <SUBJECT>Quotas.</SUBJECT> <STARS/> <P>(g) <E T="03">Gulf reef fish</E>—(1) <E T="03">Commercial quotas</E>. The following quotas apply to persons who fish under commercial vessel permits for Gulf reef fish, as required under § 622.4(a)(2)(v).</P> <P>(i) Red snapper—4.65 million lb (2.11 million kg), round weight, apportioned as follows:</P> <P>(A) 3.06 million lb (1.39 million kg) available at noon on February 1 each <PRTPAGE P="152"/>year, subject to the closure provisions of §§ 622.34(m) and 622.43(a)(1)(i).</P> <P>(B) The remainder is held in reserve.</P> <P>(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:</P> <P>(<E T="03">1</E>) 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.</P> <P>(<E T="03">2</E>) 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 §§ 622.34(m) and 622.43(a)(1)(i).</P> <P>(<E T="03">3</E>) 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 §§ 622.34(m) and 622.43(a)(1)(i). Fractional percentage point increases in bycatch mortality reduction will be prorated accordingly.</P> <P>(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.</P> <P>(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.</P> <P>(2) <E T="03">Recreational quota for red snapper</E>. 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:</P> <P>(i) 2.94 million lb (1.33 million kg) available January 1 each year, subject to the closure provisions of § 622.43(a)(1)(ii).</P> <P>(ii) The remainder is held in reserve.</P> <P>(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:</P> <P>(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.</P> <P>(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 § 622.43(a)(1)(ii).</P> <P>(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 § 622.43(a)(1)(ii). Fractional percentage point increases in bycatch mortality reduction will be prorated accordingly.</P> </SECTION> <SECTION> <SECTNO>§ 622.43</SECTNO> <SUBJECT>Closures.</SUBJECT> <P>(a) <E T="03">General.</E> When a quota specified in § 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. <PRTPAGE P="153"/>On and after the effective date of such notification, for the remainder of the fishing year, the following closure restrictions apply:</P> <P>(1) <E T="03">Gulf reef fish</E>—(i) <E T="03">Commercial quotas</E>. The bag and possession limits specified in § 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 § 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.</P> <P>(ii) <E T="03">Recreational quota for red snapper</E>. The bag and possession limit for red snapper in or from the Gulf EEZ is zero.</P> <P>(2) <E T="03">Gulf and South Atlantic coral</E>—(i) <E T="03">Allowable octocoral.</E> 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.</P> <P>(ii) <E T="03">Wild live rock in the Gulf.</E> 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.</P> <P>(3) <E T="03">King and Spanish mackerel.</E> 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 § 622.44(b) in lieu of the closure provisions of this section.</P> <P>(i) A person aboard a vessel for which a commercial permit for king or Spanish mackerel has been issued, as required under § 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 § 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.</P> <P>(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 § 622.39(c), provided the vessel is operating as a charter vessel or headboat.</P> <P>(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.</P> <P>(4) <E T="03">Royal red shrimp in the Gulf.</E> 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.</P> <P>(5) <E T="03">South Atlantic snapper-grouper, excluding wreckfish.</E> 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 § 622.44(c) in lieu of the closure provisions of this section.</P> <P>(6) <E T="03">Wreckfish.</E> 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.</P> <P>(b) <E T="03">Exception to prohibition on sale/purchase.</E> (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.</P> <P>(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.</P> <P>(c) <E T="03">Reopening</E>. When a fishery has been closed based on a projection of the quota specified in § 622.42 being reached and subsequent data indicate that the <PRTPAGE P="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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 622.44</SECTNO> <SUBJECT>Commercial trip limits.</SUBJECT> <P>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):</P> <P>(a) <E T="03">King mackerel</E>—(1) <E T="03">Atlantic group</E>. The following trip limits apply to vessels for which commercial permits for king mackerel have been issued, as required under § 622.4(a)(2)(iii):</P> <P>(i) North of 29<E T="81">°</E>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).</P> <P>(ii) In the area between 29<E T="81">°</E>25’ N. lat. and 28<E T="81">°</E>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.</P> <P>(iii) In the area between 28°47.8’ N. lat. and 25°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.</P> <P>(iv) In the area between 25<E T="81">°</E>20.4’ N. lat. and 25<E T="81">°</E>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.</P> <P>(2) <E T="03">Gulf group</E>. Commercial trip limits are established in the eastern zone as follows. (See § 622.42(c)(1)(i) for specification of the eastern zone and § 622.42(c)(1)(i)(A)(<E T="03">3</E>) for specifications of the subzones in the eastern zone.)</P> <P>(i) <E T="03">Florida east coast subzone</E>. 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 § 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.</P> <P>(ii) <E T="03">Florida west coast subzone</E>—(A) <E T="03">Gillnet gear</E>. (<E T="03">1</E>) 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 § 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 § 622.43(a)—in amounts not exceeding 25,000 lb (11,340 kg) per day.</P> <P>(<E T="03">2</E>) In the Florida west coast subzone:</P> <P>(<E T="03">i</E>) 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.</P> <P>(<E T="03">ii</E>) 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 § 622.42(c)(1)(i)(A)(<E T="03">2</E>)(<E T="03">ii</E>).</P> <P>(<E T="03">iii</E>) King mackerel in or from the EEZ harvested with gear other than run-around gillnet may not be retained <PRTPAGE P="155"/>on board a vessel for which such commercial permit with endorsement has been issued.</P> <P>(B) <E T="03">Hook-and-line gear</E>. 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 § 622.4(a)(2)(iii), and operating under the hook-and-line gear quota in § 622.42(c)(1)(i)(A)(<E T="03">2</E>)(<E T="03">i</E>):</P> <P>(<E T="03">1</E>) 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.</P> <P>(<E T="03">2</E>) 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 § 622.43(a)—in amounts not exceeding 500 lb (227 kg) per day.</P> <P>(iii) <E T="03">Notice of trip limit changes</E>. 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.</P> <P>(b) <E T="03">Spanish mackerel.</E> (1) Commercial trip limits are established for Atlantic migratory group Spanish mackerel as follows:</P> <P>(i) North of 30°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 § 622.4(a)(2)(iv), in amounts exceeding 3,500 lb (1,588 kg).</P> <P>(ii) South of 30°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 § 622.4(a)(2)(iv)—</P> <P>(A) From April 1 through October 31, in amounts exceeding 1,500 lb (680 kg).</P> <P>(B) From November 1 until 75 percent of the adjusted quota is taken, in amounts as follows:</P> <P>(<E T="03">1</E>) Mondays, Wednesdays, and Fridays—unlimited.</P> <P>(<E T="03">2</E>) Tuesdays, Thursdays, Saturdays, and Sundays—not exceeding 1,500 lb (680 kg).</P> <P>(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).</P> <P>(D) After 100 percent of the adjusted quota is taken through the end of the fishing year, in amounts not exceeding 500 lb (227kg).</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">South Atlantic snapper-grouper</E>. 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 § 622.39(a) for applicability of the bag limits.</P> <P>(1) <E T="03">Trip-limited permits</E>. 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.</P> <P>(2) <E T="03">Golden tilefish</E>. (i) Until the fishing year quota specified in § 622.42(e)(2) is reached, 5,000 lb (2,268 kg).<PRTPAGE P="156"/> </P> <P>(ii) After the fishing year quota specified in § 622.42(e)(2) is reached, 300 lb (136 kg).</P> <P>(3) <E T="03">Snowy grouper</E>. (i) Until the fishing year quota specified in § 622.42(e)(1) is reached, 2,500 lb (1,134 kg).</P> <P>(ii) After the fishing year quota specified in § 622.42(e)(1) is reached, 300 lb (136 kg).</P> <P>(d) <E T="03">Gulf wild live rock.</E> 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<SU>3</SU> (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.</P> <P>(e) <E T="03">Gulf red snapper</E>. (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.</P> <P>(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.</P> <P>(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.</P> <P>(4) As a condition of a commercial vessel permit for Gulf reef fish, as required under § 622.4(a)(2)(v), without regard to where red snapper are harvested or possessed, a vessel that has been issued such permit—</P> <P>(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.</P> <P>(ii) May not transfer or receive at sea red snapper in or from the Gulf.</P> <P>(f) <E T="03">Caribbean queen conch.</E> 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.</P> <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 63 FR 38303, July 16, 1998, § 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:</P> <SUPERSED> <SECTION> <SECTNO>§ 622.44</SECTNO> <SUBJECT>Commercial trip limits.</SUBJECT> <P>* * * For fisheries governed by this part, commercial trip limits apply as follows:<STARS/> </P> <P>(c) <E T="03">Golden tilefish and snowy grouper.</E> 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 § 622.39(a) for applicability of the bag limits.)</P> <P>(1) Golden tilefish (round weight or gutted weight, that is, eviscerated but otherwise whole):</P> <P>(i) Until the fishing year quota specified in § 622.42(e)(2) is reached, 5,000 lb (2,268 kg).</P> <P>(ii) After the fishing year quota specified in § 622.42(e)(2) is reached, 300 lb (136 kg).</P> <P>(2) Snowy grouper (round weight or gutted weight, that is, eviscerated but otherwise whole):</P> <P>(i) Until the fishing year quota specified in § 622.42(e)(1) is reached, 2,500 lb (1,134 kg).</P> <P>(ii) After the fishing year quota specified in § 622.42(e)(1) is reached, 300 lb (136 kg).<STARS/> </P> </SECTION> <SECTION> <SECTNO>§ 622.45</SECTNO> <SUBJECT>Restrictions on sale/purchase.</SUBJECT> <P>In addition to restrictions on sale/purchase related to closures, as specified in § 622.43 (a) and (b), restrictions on sale and/or purchase apply as follows.</P> <P>(a) <E T="03">Caribbean coral reef resource.</E> (1) No person may sell or purchase a Caribbean prohibited coral harvested in the Caribbean EEZ.</P> <P>(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:</P> <P>(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.</P> <P>(ii) The name and home port of the vessel, or the name and address of the individual, harvesting the Caribbean prohibited coral.<PRTPAGE P="157"/> </P> <P>(iii) The port and date of landing the Caribbean prohibited coral.</P> <P>(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.</P> <P>(b) <E T="03">Caribbean reef fish.</E> 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.</P> <P>(c) <E T="03">Gulf reef fish.</E> (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 § 622.4(a)(2)(v), or a Gulf reef fish possessed under the bag limits specified in § 622.39(b), may not be sold or purchased.</P> <P>(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 § 622.4(a)(4).</P> <P>(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 § 622.4(a)(4), only from a vessel that has a valid commercial permit for Gulf reef fish.</P> <P>(d) <E T="03">South Atlantic snapper-grouper.</E> (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 § 622.4(a)(4).</P> <P>(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 § 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.</P> <P>(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 § 622.39(d)(1).</P> <P>(4) A warsaw grouper or speckled hind in or from the South Atlantic EEZ may not be sold or purchased.</P> <P>(e) <E T="03">South Atlantic wild live rock.</E> 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.</P> <P>(f) <E T="03">South Atlantic golden crab.</E> (1) A female golden crab in or from the South Atlantic EEZ may not be sold or purchased.</P> <P>(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 § 622.17(a), may not be sold or purchased.</P> <P>(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 § 622.4(a)(4).</P> <P>(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 § 622.4(a)(4), only from a vessel that has a valid commercial permit for golden crab.</P> <P>(g) <E T="03">South Atlantic rock shrimp</E>. (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 § 622.4(a)(2)(viii), may not be transferred, received, sold, or purchased.</P> <P>(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 § 622.4(a)(4).</P> <P>(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 § 622.4(a)(4), only from a vessel that has a valid commercial permit for rock shrimp.</P> <P>(h) <E T="03">Cut-off (damaged) king mackerel</E>. A cut-off (damaged) king mackerel lawfully possessed or offloaded ashore, as <PRTPAGE P="158"/>specified in § 622.38(h), may not be sold or purchased.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 622.46</SECTNO> <SUBJECT>Prevention of gear conflicts.</SUBJECT> <P>(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.</P> <P>(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 <E T="04">Federal Register</E>.</P> <P>(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°00.6′ N. lat. and 27°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 <E T="04">Federal Register</E>.</P> </SECTION> <SECTION> <SECTNO>§ 622.47</SECTNO> <SUBJECT>Gulf groundfish trawl fishery.</SUBJECT> <P>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.</P> <P>(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:</P> <P>(1) The requirement for a valid commercial vessel permit for Gulf reef fish in order to sell Gulf reef fish.</P> <P>(2) Minimum size limits for Gulf reef fish.</P> <P>(3) Bag limits for Gulf reef fish.</P> <P>(4) The prohibition on sale of Gulf reef fish after a quota closure.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 622.48</SECTNO> <SUBJECT>Adjustment of management measures.</SUBJECT> <P>In accordance with the framework procedures of the applicable FMPs, the RD may establish or modify the following management measures:</P> <P>(a) <E T="03">Caribbean coral reef resources.</E> 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.</P> <P>(b) <E T="03">Caribbean reef fish.</E> Size limits, closed seasons or areas, fish trap mesh size, and the threshold level for overfishing.</P> <P>(c) <E T="03">Coastal migratory pelagic fish</E>. 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.</P> <P>(d) <E T="03">Gulf reef fish.</E> (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.</P> <P>(2) SMZs and the gear restrictions applicable in each.</P> <P>(e) <E T="03">Gulf royal red shrimp.</E> MSY, OY, and TAC.</P> <P>(f) <E T="03">South Atlantic snapper-grouper and wreckfish.</E> 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.</P> <P>(g) <E T="03">South Atlantic golden crab.</E> MSY, ABC, TAC, quotas (including quotas <PRTPAGE P="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.</P> <P>(h) <E T="03">South Atlantic shrimp.</E> Certified BRDs and BRD specifications.</P> <P>(i) <E T="03">Gulf shrimp</E>. Bycatch reduction criteria, BRD certification and decertification criteria, BRD testing protocol, certified BRDs, and BRD specifications.</P> <CITA>[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]</CITA> </SECTION> <APPENDIX> <EAR>Pt. 622, App. A</EAR> <HD SOURCE="HED">Appendix A to Part 622—Species Tables</HD> <HD SOURCE="HD1">Table 1 of Appendix A to Part 622—Caribbean Coral Reef Resources</HD> <FP SOURCE="FP-2">I. Sponges—Phylum Porifera</FP> <FP SOURCE="FP1-2">A. Demosponges—Class Demospongiae</FP> <FP SOURCE="FP1-2"> <E T="03">Aphimedon compressa</E>, Erect rope sponge</FP> <FP SOURCE="FP1-2"> <E T="03">Chondrilla nucula</E>, Chicken liver sponge</FP> <FP SOURCE="FP1-2"> <E T="03">Cynachirella alloclada</E> </FP> <FP SOURCE="FP1-2"> <E T="03">Geodia neptuni</E>, Potato sponge</FP> <FP SOURCE="FP1-2"> <E T="03">Haliclona</E> sp., Finger sponge</FP> <FP SOURCE="FP1-2"> <E T="03">Myriastra</E> sp.</FP> <FP SOURCE="FP1-2"> <E T="03">Niphates digitalis</E>, Pink vase sponge</FP> <FP SOURCE="FP1-2"> <E T="03">N. erecta</E>, Lavender rope sponge</FP> <FP SOURCE="FP1-2"> <E T="03">Spinosella policifera</E> </FP> <FP SOURCE="FP1-2"> <E T="03">S. vaginalis</E> </FP> <FP SOURCE="FP1-2"> <E T="03">Tethya crypta</E> </FP> <FP SOURCE="FP-2">II. Coelenterates—Phylum Coelenterata</FP> <FP SOURCE="FP1-2">A. Hydrocorals—Class Hydrozoa</FP> <FP SOURCE="FP1-2">1. Hydroids—Order Athecatae</FP> <FP SOURCE="FP1-2">Family Milleporidae</FP> <FP SOURCE="FP1-2"> <E T="03">Millepora</E> spp., Fire corals</FP> <FP SOURCE="FP1-2">Family Stylasteridae</FP> <FP SOURCE="FP1-2"> <E T="03">Stylaster roseus,</E> Rose lace corals</FP> <FP SOURCE="FP1-2">B. Anthozoans—Class Anthozoa</FP> <FP SOURCE="FP1-2">1. Soft corals—Order Alcyonacea</FP> <FP SOURCE="FP1-2">Family Anthothelidae</FP> <FP SOURCE="FP1-2"> <E T="03">Erythropodium caribaeorum,</E> Encrusting gorgonian</FP> <FP SOURCE="FP1-2"> <E T="03">Iciligorgia schrammi,</E> Deepwater sea fan</FP> <FP SOURCE="FP1-2">Family Briaridae</FP> <FP SOURCE="FP1-2"> <E T="03">Briareum asbestinum,</E> Corky sea finger</FP> <FP SOURCE="FP1-2">Family Clavulariidae</FP> <FP SOURCE="FP1-2"> <E T="03">Carijoa riisei</E> </FP> <FP SOURCE="FP1-2"> <E T="03">Telesto</E> spp.</FP> <FP SOURCE="FP1-2">2. Gorgonian corals—Order Gorgonacea</FP> <FP SOURCE="FP1-2">Family Ellisellidae</FP> <FP SOURCE="FP1-2"> <E T="03">Ellisella</E> spp., Sea whips</FP> <FP SOURCE="FP1-2">Family Gorgoniidae</FP> <FP SOURCE="FP1-2"> <E T="03">Gorgonia flabellum,</E> Venus sea fan</FP> <FP SOURCE="FP1-2"> <E T="03">G. mariae,</E> Wide-mesh sea fan</FP> <FP SOURCE="FP1-2"> <E T="03">G. ventalina</E>, Common sea fan</FP> <FP SOURCE="FP1-2"> <E T="03">Pseudopterogorgia acerosa,</E> Sea plume</FP> <FP SOURCE="FP1-2"> <E T="03">P. albatrossae</E> </FP> <FP SOURCE="FP1-2"> <E T="03">P. americana,</E> Slimy sea plume</FP> <FP SOURCE="FP1-2"> <E T="03">P. bipinnata,</E> Bipinnate plume</FP> <FP SOURCE="FP1-2"> <E T="03">P. rigida</E> </FP> <FP SOURCE="FP1-2"> <E T="03">Pterogorgia anceps,</E> Angular sea whip</FP> <FP SOURCE="FP1-2"> <E T="03">P. citrina,</E> Yellow sea whip</FP> <FP SOURCE="FP1-2">Family Plexauridae</FP> <FP SOURCE="FP1-2"> <E T="03">Eunicea calyculata,</E> Warty sea rod</FP> <FP SOURCE="FP1-2"> <E T="03">E. clavigera</E> </FP> <FP SOURCE="FP1-2"> <E T="03">E. fusca,</E> Doughnut sea rod</FP> <FP SOURCE="FP1-2"> <E T="03">E. knighti</E> </FP> <FP SOURCE="FP1-2"> <E T="03">E. laciniata</E> </FP> <FP SOURCE="FP1-2"> <E T="03">E. laxispica</E> </FP> <FP SOURCE="FP1-2"> <E T="03">E. mammosa,</E> Swollen-knob</FP> <FP SOURCE="FP1-2"> <E T="03">E. succinea,</E> Shelf-knob sea rod</FP> <FP SOURCE="FP1-2"> <E T="03">E. touneforti</E> </FP> <FP SOURCE="FP1-2"> <E T="03">Muricea atlantica</E> </FP> <FP SOURCE="FP1-2"> <E T="03">M. elongata,</E> Orange spiny rod</FP> <FP SOURCE="FP1-2"> <E T="03">M. laxa,</E> Delicate spiny rod</FP> <FP SOURCE="FP1-2"> <E T="03">M. muricata,</E> Spiny sea fan</FP> <FP SOURCE="FP1-2"> <E T="03">M. pinnata,</E> Long spine sea fan</FP> <FP SOURCE="FP1-2"> <E T="03">Muriceopsis</E> sp.</FP> <FP SOURCE="FP1-2"> <E T="03">M. flavida,</E> Rough sea plume</FP> <FP SOURCE="FP1-2"> <E T="03">M. sulphurea</E> </FP> <FP SOURCE="FP1-2"> <E T="03">Plexaura flexuosa,</E> Bent sea rod</FP> <FP SOURCE="FP1-2"> <E T="03">P. homomalla,</E> Black sea rod</FP> <FP SOURCE="FP1-2"> <E T="03">Plexaurella dichotoma,</E> Slit-pore sea rod</FP> <FP SOURCE="FP1-2"> <E T="03">P. fusifera</E> </FP> <FP SOURCE="FP1-2"> <E T="03">P. grandiflora</E> </FP> <FP SOURCE="FP1-2"> <E T="03">P. grisea</E> </FP> <FP SOURCE="FP1-2"> <E T="03">P. nutans,</E> Giant slit-pore</FP> <FP SOURCE="FP1-2"> <E T="03">Pseudoplexaura crucis</E> </FP> <FP SOURCE="FP1-2"> <E T="03">P. flagellosa</E> </FP> <FP SOURCE="FP1-2"> <E T="03">P. porosa</E>, Porous sea rod</FP> <FP SOURCE="FP1-2"> <E T="03">P. wagenaari</E> </FP> <FP SOURCE="FP1-2">3. Hard Corals—Order Scleractinia</FP> <FP SOURCE="FP1-2">Family Acroporidae</FP> <FP SOURCE="FP1-2"> <E T="03">Acropora cervicornis,</E> Staghorn coral</FP> <FP SOURCE="FP1-2"> <E T="03">A. palmata,</E> Elkhorn coral</FP> <FP SOURCE="FP1-2"> <E T="03">A. prolifera,</E> Fused staghorn</FP> <FP SOURCE="FP1-2">Family Agaricidae</FP> <FP SOURCE="FP1-2"> <E T="03">Agaricia agaricities,</E> Lettuce leaf coral</FP> <FP SOURCE="FP1-2"> <E T="03">A. fragilis,</E> Fragile saucer</FP> <FP SOURCE="FP1-2"> <E T="03">A. lamarcki,</E> Lamarck's sheet</FP> <FP SOURCE="FP1-2"> <E T="03">A. tenuifolia,</E> Thin leaf lettuce</FP> <FP SOURCE="FP1-2"> <E T="03">Leptoseris cucullata,</E> Sunray lettuce</FP> <FP SOURCE="FP1-2">Family Astrocoeniidae</FP> <FP SOURCE="FP1-2"> <E T="03">Stephanocoenia michelinii,</E> Blushing star</FP> <FP SOURCE="FP1-2">Family Caryophyllidae</FP> <FP SOURCE="FP1-2"> <E T="03">Eusmilia fastigiata,</E> Flower coral</FP> <FP SOURCE="FP1-2"> <E T="03">Tubastrea aurea,</E> Cup coral</FP> <FP SOURCE="FP1-2">Family Faviidae</FP> <FP SOURCE="FP1-2"> <E T="03">Cladocora arbuscula,</E> Tube coral</FP> <FP SOURCE="FP1-2"> <E T="03">Colpophyllia natans,</E> Boulder coral</FP> <FP SOURCE="FP1-2"> <E T="03">Diploria clivosa,</E> Knobby brain coral</FP> <FP SOURCE="FP1-2"> <E T="03">D. labyrinthiformis,</E> Grooved brain</FP> <FP SOURCE="FP1-2"> <E T="03">D. strigosa,</E> Symmetrical brain</FP> <FP SOURCE="FP1-2"> <E T="03">Favia fragum,</E> Golfball coral</FP> <FP SOURCE="FP1-2"> <E T="03">Manicina areolata,</E> Rose coral</FP> <FP SOURCE="FP1-2"> <E T="03">M. mayori,</E> Tortugas rose coral</FP> <FP SOURCE="FP1-2"> <E T="03">Montastrea annularis,</E> Boulder star coral</FP> <FP SOURCE="FP1-2"> <E T="03">M. cavernosa,</E> Great star coral</FP> <FP SOURCE="FP1-2"> <E T="03">Solenastrea bournoni,</E> Smooth star coral</FP> <FP SOURCE="FP1-2">Family Meandrinidae</FP> <FP SOURCE="FP1-2"> <E T="03">Dendrogyra cylindrus,</E> Pillar coral<PRTPAGE P="160"/> </FP> <FP SOURCE="FP1-2"> <E T="03">Dichocoenia stellaris,</E> Pancake star</FP> <FP SOURCE="FP1-2"> <E T="03">D. stokesi,</E> Elliptical star</FP> <FP SOURCE="FP1-2"> <E T="03">Meandrina meandrites,</E> Maze coral</FP> <FP SOURCE="FP1-2">Family Mussidae</FP> <FP SOURCE="FP1-2"> <E T="03">Isophyllastrea rigida,</E> Rough star coral</FP> <FP SOURCE="FP1-2"> <E T="03">Isophyllia sinuosa,</E> Sinuous cactus</FP> <FP SOURCE="FP1-2"> <E T="03">Mussa angulosa,</E> Large flower coral</FP> <FP SOURCE="FP1-2"> <E T="03">Mycetophyllia aliciae,</E> Thin fungus coral</FP> <FP SOURCE="FP1-2"> <E T="03">M. danae,</E> Fat fungus coral</FP> <FP SOURCE="FP1-2"> <E T="03">M. ferox,</E> Grooved fungus</FP> <FP SOURCE="FP1-2"> <E T="03">M. lamarckiana,</E> Fungus coral</FP> <FP SOURCE="FP1-2"> <E T="03">Scolymia cubensis,</E> Artichoke coral</FP> <FP SOURCE="FP1-2"> <E T="03">S. lacera,</E> Solitary disk</FP> <FP SOURCE="FP1-2">Family Oculinidae</FP> <FP SOURCE="FP1-2"> <E T="03">Oculina diffusa,</E> Ivory bush coral</FP> <FP SOURCE="FP1-2">Family Pocilloporidae</FP> <FP SOURCE="FP1-2"> <E T="03">Madracis decactis,</E> Ten-ray star coral</FP> <FP SOURCE="FP1-2"> <E T="03">M. mirabilis,</E> Yellow pencil</FP> <FP SOURCE="FP1-2">Family Poritidae</FP> <FP SOURCE="FP1-2"> <E T="03">Porites astreoides,</E> Mustard hill coral</FP> <FP SOURCE="FP1-2"> <E T="03">P. branneri,</E> Blue crust coral</FP> <FP SOURCE="FP1-2"> <E T="03">P. divaricata,</E> Small finger coral</FP> <FP SOURCE="FP1-2"> <E T="03">P. porites,</E> Finger coral</FP> <FP SOURCE="FP1-2">Family Rhizangiidae</FP> <FP SOURCE="FP1-2"> <E T="03">Astrangia solitaria,</E> Dwarf cup coral</FP> <FP SOURCE="FP1-2"> <E T="03">Phyllangia americana,</E> Hidden cup coral</FP> <FP SOURCE="FP1-2">Family Siderastreidae</FP> <FP SOURCE="FP1-2"> <E T="03">Siderastrea radians,</E> Lesser starlet</FP> <FP SOURCE="FP1-2"> <E T="03">S. siderea,</E> Massive starlet</FP> <FP SOURCE="FP1-2">4. Black Corals—Order Antipatharia</FP> <FP SOURCE="FP1-2"> <E T="03">Antipathes</E> spp., Bushy black coral</FP> <FP SOURCE="FP1-2"> <E T="03">Stichopathes</E> spp., Wire coral</FP> <FP SOURCE="FP1-2">5. Anemones—Order Actiniaria</FP> <FP SOURCE="FP1-2"> <E T="03">Aiptasia tagetes,</E> Pale anemone</FP> <FP SOURCE="FP1-2"> <E T="03">Bartholomea annulata,</E> Corkscrew anemone</FP> <FP SOURCE="FP1-2"> <E T="03">Condylactis gigantea,</E> Giant pink-tipped anemone</FP> <FP SOURCE="FP1-2"> <E T="03">Hereractis lucida,</E> Knobby anemone</FP> <FP SOURCE="FP1-2"> <E T="03">Lebrunia</E> spp., Staghorn anemone</FP> <FP SOURCE="FP1-2"> <E T="03">Stichodactyla helianthus,</E> Sun anemone</FP> <FP SOURCE="FP1-2">6. Colonial Anemones—Order Zoanthidea</FP> <FP SOURCE="FP1-2"> <E T="03">Zoanthus</E> spp., Sea mat</FP> <FP SOURCE="FP1-2">7. False Corals—Order Corallimorpharia</FP> <FP SOURCE="FP1-2"> <E T="03">Discosoma</E> spp. (formerly <E T="03">Rhodactis),</E> False coral</FP> <FP SOURCE="FP1-2"> <E T="03">Ricordia florida,</E> Florida false coral</FP> <FP SOURCE="FP-2">III. Annelid Worms—Phylum Annelida</FP> <FP SOURCE="FP1-2">A. Polychaetes—Class Polychaeta</FP> <FP SOURCE="FP1-2">Family Sabellidae, Feather duster worms</FP> <FP SOURCE="FP1-2"> <E T="03">Sabellastarte spp.,</E> Tube worms</FP> <FP SOURCE="FP1-2"> <E T="03">S. magnifica,</E> Magnificent duster</FP> <FP SOURCE="FP1-2">Family Serpulidae</FP> <FP SOURCE="FP1-2"> <E T="03">Spirobranchus giganteus,</E> Christmas tree worm</FP> <FP SOURCE="FP-2">IV. Mollusks—Phylum Mollusca</FP> <FP SOURCE="FP1-2">A. Gastropods—Class Gastropoda</FP> <FP SOURCE="FP1-2">Family Elysiidae</FP> <FP SOURCE="FP1-2"> <E T="03">Tridachia crispata,</E> Lettuce sea slug</FP> <FP SOURCE="FP1-2">Family Olividae</FP> <FP SOURCE="FP1-2"> <E T="03">Oliva reticularis,</E> Netted olive</FP> <FP SOURCE="FP1-2">Family Ovulidae</FP> <FP SOURCE="FP1-2"> <E T="03">Cyphoma gibbosum,</E> Flamingo tongue</FP> <FP SOURCE="FP1-2">Family Ranellidae</FP> <FP SOURCE="FP1-2"> <E T="03">Charonia tritonis,</E> Atlantic triton trumpet</FP> <FP SOURCE="FP1-2">Family Strombidae, Winged conchs</FP> <FP SOURCE="FP1-2"> <E T="03">Strombus</E> spp. (except Queen conch, <E T="03">S. gigas)</E> </FP> <FP SOURCE="FP1-2">B. Bivalves—Class Bivalvia</FP> <FP SOURCE="FP1-2">Family Limidae</FP> <FP SOURCE="FP1-2"> <E T="03">Lima</E> spp., Fileclams</FP> <FP SOURCE="FP1-2"> <E T="03">L. scabra,</E> Rough fileclam</FP> <FP SOURCE="FP1-2">Family Spondylidae</FP> <FP SOURCE="FP1-2"> <E T="03">Spondylus americanus,</E> Atlantic thorny oyster</FP> <FP SOURCE="FP1-2">C. Cephalopods—Class Cephalopoda</FP> <FP SOURCE="FP1-2">1. Octopuses—Order Octopoda</FP> <FP SOURCE="FP1-2">Family Octopodidae</FP> <FP SOURCE="FP1-2"> <E T="03">Octopus</E> spp. (except the Common octopus, <E T="03">O. vulgaris)</E> </FP> <FP SOURCE="FP-2">V. Arthropods—Phylum Arthropoda</FP> <FP SOURCE="FP1-2">A. Crustaceans—Subphylum Crustacea</FP> <FP SOURCE="FP1-2">1. Decapods—Order Decapoda</FP> <FP SOURCE="FP1-2">Family Alpheidae</FP> <FP SOURCE="FP1-2"> <E T="03">Alpheaus armatus,</E> Snapping shrimp</FP> <FP SOURCE="FP1-2">Family Diogenidae</FP> <FP SOURCE="FP1-2"> <E T="03">Paguristes</E> spp., Hermit crabs</FP> <FP SOURCE="FP1-2"> <E T="03">P. cadenati,</E> Red reef hermit</FP> <FP SOURCE="FP1-2">Family Grapsidae</FP> <FP SOURCE="FP1-2"> <E T="03">Percnon gibbesi,</E> Nimble spray crab</FP> <FP SOURCE="FP1-2">Family Hippolytidae</FP> <FP SOURCE="FP1-2"> <E T="03">Lysmata</E> spp., Peppermint shrimp</FP> <FP SOURCE="FP1-2"> <E T="03">Thor amboinensis,</E> Anemone shrimp</FP> <FP SOURCE="FP1-2">Family Majidae, Coral crabs</FP> <FP SOURCE="FP1-2"> <E T="03">Mithrax</E> spp., Clinging crabs</FP> <FP SOURCE="FP1-2"> <E T="03">M. cinctimanus,</E> Banded clinging</FP> <FP SOURCE="FP1-2"> <E T="03">M. sculptus,</E> Green clinging</FP> <FP SOURCE="FP1-2"> <E T="03">Stenorhynchus seticornis,</E> Yellowline arrow</FP> <FP SOURCE="FP1-2">Family Palaemonida</FP> <FP SOURCE="FP1-2"> <E T="03">Periclimenes</E> spp., Cleaner shrimp</FP> <FP SOURCE="FP1-2">Family Squillidae, Mantis crabs</FP> <FP SOURCE="FP1-2"> <E T="03">Gonodactylus</E> spp.</FP> <FP SOURCE="FP1-2"> <E T="03">Lysiosquilla</E> spp.</FP> <FP SOURCE="FP1-2">Family Stenopodidae, Coral shrimp</FP> <FP SOURCE="FP1-2"> <E T="03">Stenopus hispidus,</E> Banded shrimp</FP> <FP SOURCE="FP1-2"> <E T="03">S. scutellatus,</E> Golden shrimp</FP> <FP SOURCE="FP-2">VI. Bryozoans—Phylum Bryozoa</FP> <FP SOURCE="FP-2">VII. Echinoderms—Phylum Echinodermata</FP> <FP SOURCE="FP1-2">A. Feather stars—Class Crinoidea</FP> <FP SOURCE="FP1-2"> <E T="03">Analcidometra armata,</E> Swimming crinoid</FP> <FP SOURCE="FP1-2"> <E T="03">Davidaster</E> spp., Crinoids</FP> <FP SOURCE="FP1-2"> <E T="03">Nemaster</E> spp., Crinoids</FP> <FP SOURCE="FP1-2">B. Sea stars—Class Asteroidea</FP> <FP SOURCE="FP1-2"> <E T="03">Astropecten</E> spp., Sand stars</FP> <FP SOURCE="FP1-2"> <E T="03">Linckia guildingii,</E> Common comet star</FP> <FP SOURCE="FP1-2"> <E T="03">Ophidiaster guildingii,</E> Comet star</FP> <FP SOURCE="FP1-2"> <E T="03">Oreaster reticulatus,</E> Cushion sea star</FP> <FP SOURCE="FP1-2">C. Brittle and basket stars—Class Ophiuroidea</FP> <FP SOURCE="FP1-2"> <E T="03">Astrophyton muricatum,</E> Giant basket star</FP> <FP SOURCE="FP1-2"> <E T="03">Ophiocoma</E> spp., Brittlestars</FP> <FP SOURCE="FP1-2"> <E T="03">Ophioderma</E> spp., Brittlestars</FP> <FP SOURCE="FP1-2"> <E T="03">O. rubicundum,</E> Ruby brittlestar</FP> <FP SOURCE="FP1-2">D. Sea Urchins—Class Echinoidea</FP> <FP SOURCE="FP1-2"> <E T="03">Diadema antillarum,</E> Long-spined urchin</FP> <FP SOURCE="FP1-2"> <E T="03">Echinometra</E> spp., Purple urchin</FP> <FP SOURCE="FP1-2"> <E T="03">Eucidaris tribuloides,</E> Pencil urchin</FP> <FP SOURCE="FP1-2"> <E T="03">Lytechinus</E> spp., Pin cushion urchin</FP> <FP SOURCE="FP1-2"> <E T="03">Tripneustes ventricosus,</E> Sea egg</FP> <FP SOURCE="FP1-2">E. Sea Cucumbers—Class Holothuroidea</FP> <FP SOURCE="FP1-2"> <E T="03">Holothuria</E> spp., Sea cucumbers</FP> <FP SOURCE="FP-2">VIII. Chordates—Phylum Chordata</FP> <FP SOURCE="FP1-2">A. Tunicates—Subphylum Urochordata</FP> <FP SOURCE="FP-2">IX. Green Algae—Phylum Chlorophyta</FP> <FP SOURCE="FP1-2"> <E T="03">Caulerpa</E> spp., Green grape algae</FP> <FP SOURCE="FP1-2"> <E T="03">Halimeda</E> spp., Watercress algae<PRTPAGE P="161"/> </FP> <FP SOURCE="FP1-2"> <E T="03">Penicillus</E> spp., Neptune's brush</FP> <FP SOURCE="FP1-2"> <E T="03">Udotea</E> spp., Mermaid's fan</FP> <FP SOURCE="FP1-2"> <E T="03">Ventricaria ventricosa,</E> Sea pearls</FP> <FP SOURCE="FP-2">X. Red Algae—Phylum Rhodophyta</FP> <FP SOURCE="FP-2">XI. Sea grasses—Phylum Angiospermae</FP> <FP SOURCE="FP1-2"> <E T="03">Halodule wrightii,</E> Shoal grass</FP> <FP SOURCE="FP1-2"> <E T="03">Halophila</E> spp., Sea vines</FP> <FP SOURCE="FP1-2"> <E T="03">Ruppia maritima,</E> Widgeon grass</FP> <FP SOURCE="FP1-2"> <E T="03">Syringodium filiforme,</E> Manatee grass</FP> <FP SOURCE="FP1-2"> <E T="03">Thalassia testudium,</E> Turtle grass</FP> <HD SOURCE="HD1">Table 2 of Appendix A to Part 622— Caribbean Reef Fish</HD> <FP SOURCE="FP-2">Acanthuridae—Surgeonfishes</FP> <FP SOURCE="FP1-2">Ocean surgeonfish, <E T="03">Acanthurus bahianus</E> </FP> <FP SOURCE="FP1-2">Doctorfish, <E T="03">Acanthurus chirurgus</E> </FP> <FP SOURCE="FP1-2">Blue tang, <E T="03">Acanthurus coeruleus</E> </FP> <FP SOURCE="FP-2">Antennariidae—Frogfishes</FP> <FP SOURCE="FP1-2">Frogfish, <E T="03">Antennarius</E> spp.</FP> <FP SOURCE="FP-2">Apogonidae—Cardinalfishes</FP> <FP SOURCE="FP1-2">Flamefish, <E T="03">Apogon maculatus</E> </FP> <FP SOURCE="FP1-2">Conchfish, <E T="03">Astrapogen stellatus</E> </FP> <FP SOURCE="FP-2">Aulostomidae—Trumpetfishes</FP> <FP SOURCE="FP1-2">Trumpetfish, <E T="03">Aulostomus maculatus</E> </FP> <FP SOURCE="FP1-2">Balistidae—Leatherjackets</FP> <FP SOURCE="FP1-2">Scrawled filefish, <E T="03">Aluterus scriptus</E> </FP> <FP SOURCE="FP1-2">Queen triggerfish, <E T="03">Balistes vetula</E> </FP> <FP SOURCE="FP1-2">Whitespotted filefish, <E T="03">Cantherhines macrocerus</E> </FP> <FP SOURCE="FP1-2">Ocean triggerfish, <E T="03">Canthidermis sufflamen</E> </FP> <FP SOURCE="FP1-2">Black durgon, <E T="03">Melichthys niger</E> </FP> <FP SOURCE="FP1-2">Sargassum triggerfish, <E T="03">Xanthichthys rigens</E> </FP> <FP SOURCE="FP-2">Blenniidae—Combtooth blennies</FP> <FP SOURCE="FP1-2">Redlip blenny, <E T="03">Ophioblennius atlanticus</E> </FP> <FP SOURCE="FP-2">Bothidae—<E T="03">Lefteye flounders</E> </FP> <FP SOURCE="FP1-2">Peacock flounder, <E T="03">Bothus lunatus</E> </FP> <FP SOURCE="FP-2">Carangidae—Jacks</FP> <FP SOURCE="FP1-2">Yellow jack, <E T="03">Caranx bartholomaei</E> </FP> <FP SOURCE="FP1-2">Blue runner, <E T="03">Caranx crysos</E> </FP> <FP SOURCE="FP1-2">Horse-eye jack, <E T="03">Caranx latus</E> </FP> <FP SOURCE="FP1-2">Black jack, <E T="03">Caranx lugubris</E> </FP> <FP SOURCE="FP1-2">Bar jack, <E T="03">Caranx ruber</E> </FP> <FP SOURCE="FP1-2">Greater amberjack, <E T="03">Seriola dumerili</E> </FP> <FP SOURCE="FP1-2">Almaco jack, <E T="03">Seriola rivoliana</E> </FP> <FP SOURCE="FP-2">Chaetodontidae—Butterflyfishes</FP> <FP SOURCE="FP1-2">Longsnout butterflyfish, <E T="03">Chaetodon aculeatus</E> </FP> <FP SOURCE="FP1-2">Foureye butterflyfish, <E T="03">Chaetodon capistratus</E> </FP> <FP SOURCE="FP1-2">Spotfin butterflyfish, <E T="03">Chaetodon ocellatus</E> </FP> <FP SOURCE="FP1-2">Banded butterflyfish, <E T="03">Chaetodon striatus</E> </FP> <FP SOURCE="FP-2">Cirrhitidae—Hawkfishes</FP> <FP SOURCE="FP1-2">Redspotted hawkfish, <E T="03">Amblycirrhitus pinos</E> </FP> <FP SOURCE="FP-2">Dactylopteridae—Flying gurnards</FP> <FP SOURCE="FP1-2">Flying gurnard, <E T="03">Dactylopterus volitans</E> </FP> <FP SOURCE="FP-2">Ephippidae—Spadefishes</FP> <FP SOURCE="FP1-2">Atlantic spadefish, <E T="03">Chaetodipterus faber</E> </FP> <FP SOURCE="FP-2">Gobiidae—Gobies</FP> <FP SOURCE="FP1-2">Neon goby, <E T="03">Gobiosoma oceanops</E> </FP> <FP SOURCE="FP1-2">Rusty goby, <E T="03">Priolepis hipoliti</E> </FP> <FP SOURCE="FP-2">Grammatidae—Basslets</FP> <FP SOURCE="FP1-2">Royal gramma, <E T="03">Gramma loreto</E> </FP> <FP SOURCE="FP-2">Haemulidae—Grunts</FP> <FP SOURCE="FP1-2">Porkfish, <E T="03">Anisotremus virginicus</E> </FP> <FP SOURCE="FP1-2">Margate, <E T="03">Haemulon album</E> </FP> <FP SOURCE="FP1-2">Tomtate, <E T="03">Haemulon aurolineatum</E> </FP> <FP SOURCE="FP1-2">French grunt, <E T="03">Haemulon flavolineatum</E> </FP> <FP SOURCE="FP1-2">White grunt, <E T="03">Haemulon plumieri</E> </FP> <FP SOURCE="FP1-2">Bluestriped grunt, <E T="03">Haemulon sciurus</E> </FP> <FP SOURCE="FP-2">Holocentridae—Squirrelfishes</FP> <FP SOURCE="FP1-2">Squirrelfish, <E T="03">Holocentrus adscensionis</E> </FP> <FP SOURCE="FP1-2">Longspine squirrelfish, <E T="03">Holocentrus rufus</E> </FP> <FP SOURCE="FP1-2">Blackbar soldierfish, <E T="03">Myripristis jacobus</E> </FP> <FP SOURCE="FP1-2">Cardinal soldierfish, <E T="03">Plectrypops retrospinis</E> </FP> <FP SOURCE="FP-2">Labridae—Wrasses</FP> <FP SOURCE="FP1-2">Spanish hogfish, <E T="03">Bodianus rufus</E> </FP> <FP SOURCE="FP1-2">Creole wrasse, <E T="03">Clepticus parrae</E> </FP> <FP SOURCE="FP1-2">Yellowcheek wrasse, <E T="03">Halichoeres cyanocephalus</E> </FP> <FP SOURCE="FP1-2">Yellowhead wrasse, <E T="03">Halichoeres garnoti</E> </FP> <FP SOURCE="FP1-2">Clown wrasse, <E T="03">Halichoeres maculipinna</E> </FP> <FP SOURCE="FP1-2">Puddingwife, <E T="03">Halichoeres radiatus</E> </FP> <FP SOURCE="FP1-2">Pearly razorfish, <E T="03">Hemipteronotus novacula</E> </FP> <FP SOURCE="FP1-2">Green razorfish, <E T="03">Hemipteronotus splendens</E> </FP> <FP SOURCE="FP1-2">Hogfish, <E T="03">Lachnolaimus maximus</E> </FP> <FP SOURCE="FP1-2">Bluehead wrasse, <E T="03">Thalassoma bifasciatum</E> </FP> <FP SOURCE="FP-2">Lutjanidae—Snappers</FP> <FP SOURCE="FP1-2">Black snapper, <E T="03">Apsilus dentatus</E> </FP> <FP SOURCE="FP1-2">Queen snapper, <E T="03">Etelis oculatus</E> </FP> <FP SOURCE="FP1-2">Mutton snapper, <E T="03">Lutjanus analis</E> </FP> <FP SOURCE="FP1-2">Schoolmaster, <E T="03">Lutjanus apodus</E> </FP> <FP SOURCE="FP1-2">Blackfin snapper, <E T="03">Lutjanus buccanella</E> </FP> <FP SOURCE="FP1-2">Gray snapper, <E T="03">Lutjanus griseus</E> </FP> <FP SOURCE="FP1-2">Dog snapper, <E T="03">Lutjanus jocu</E> </FP> <FP SOURCE="FP1-2">Mahogany snapper, <E T="03">Lutjanus mahogani</E> </FP> <FP SOURCE="FP1-2">Lane snapper, <E T="03">Lutjanus synagris</E> </FP> <FP SOURCE="FP1-2">Silk snapper, <E T="03">Lutjanus vivanus</E> </FP> <FP SOURCE="FP1-2">Yellowtail snapper, <E T="03">Ocyurus chrysurus</E> </FP> <FP SOURCE="FP1-2">Wenchman, <E T="03">Pristipomoides aquilonaris</E> </FP> <FP SOURCE="FP1-2">Vermilion snapper, <E T="03">Rhomboplites aurorubens</E> </FP> <FP SOURCE="FP-2">Malacanthidae—Tilefishes</FP> <FP SOURCE="FP1-2">Blackline tilefish, <E T="03">Caulolatilus cyanops</E> </FP> <FP SOURCE="FP1-2">Sand tilefish, <E T="03">Malacanthus plumieri</E> </FP> <FP SOURCE="FP-2">Mullidae—Goatfishes</FP> <FP SOURCE="FP1-2">Yellow goatfish, <E T="03">Mulloidichthys martinicus</E> </FP> <FP SOURCE="FP1-2">Spotted goatfish, <E T="03">Pseudupeneus maculatus</E> </FP> <FP SOURCE="FP-2">Muraenidae—Morays</FP> <FP SOURCE="FP1-2">Chain moray, <E T="03">Echidna catenata</E> </FP> <FP SOURCE="FP1-2">Green moray, <E T="03">Gymnothorax funebris</E> </FP> <FP SOURCE="FP1-2">Goldentail moray, <E T="03">Gymnothorax miliaris</E> </FP> <FP SOURCE="FP-2">Ogcocephalidae—Batfishes</FP> <FP SOURCE="FP1-2">Batfish, <E T="03">Ogcocepahalus</E> spp.</FP> <FP SOURCE="FP-2">Ophichthidae—Snake eels</FP> <FP SOURCE="FP1-2">Goldspotted eel, <E T="03">Myrichthys ocellatus</E> </FP> <FP SOURCE="FP-2">Opistognathidae—Jawfishes</FP> <FP SOURCE="FP1-2">Yellowhead jawfish, <E T="03">Opistognathus aurifrons</E> </FP> <FP SOURCE="FP1-2">Dusky jawfish, <E T="03">Opistognathus whitehursti</E> </FP> <FP SOURCE="FP-2">Ostraciidae—Boxfishes</FP> <FP SOURCE="FP1-2">Spotted trunkfish, <E T="03">Lactophrys bicaudalis</E> </FP> <FP SOURCE="FP1-2">Honeycomb cowfish, <E T="03">Lactophrys polygonia</E> </FP> <FP SOURCE="FP1-2">Scrawled cowfish, <E T="03">Lactophrys quadricornis</E> </FP> <FP SOURCE="FP1-2">Trunkfish, <E T="03">Lactophrys trigonus</E> </FP> <FP SOURCE="FP1-2">Smooth trunkfish, <E T="03">Lactophrys triqueter</E> </FP> <FP SOURCE="FP-2">Pomacanthidae—Angelfishes</FP> <FP SOURCE="FP1-2">Cherubfish, <E T="03">Centropyge argi</E> </FP> <FP SOURCE="FP1-2">Queen angelfish, <E T="03">Holacanthus ciliaris</E> </FP> <FP SOURCE="FP1-2">Rock beauty, <E T="03">Holacanthus tricolor</E> </FP> <FP SOURCE="FP1-2">Gray angelfish, <E T="03">Pomacanthus arcuatus</E> </FP> <FP SOURCE="FP1-2">French angelfish, <E T="03">Pomacanthus paru</E> </FP> <FP SOURCE="FP-2">Pomacentridae—Damselfishes</FP> <FP SOURCE="FP1-2">Sergeant major, <E T="03">Abudefduf saxatilis</E> </FP> <FP SOURCE="FP1-2">Blue chromis, <E T="03">Chromis cyanea</E> </FP> <FP SOURCE="FP1-2">Sunshinefish, <E T="03">Chromis insolata</E> <PRTPAGE P="162"/> </FP> <FP SOURCE="FP1-2">Yellowtail damselfish, <E T="03">Microspathodon chrysurus</E> </FP> <FP SOURCE="FP1-2">Dusky damselfish, <E T="03">Pomacentrus fuscus</E> </FP> <FP SOURCE="FP1-2">Beaugregory, <E T="03">Pomacentrus leucostictus</E> </FP> <FP SOURCE="FP1-2">Bicolor damselfish, <E T="03">Pomacentrus partitus</E> </FP> <FP SOURCE="FP1-2">Threespot damselfish, <E T="03">Pomacentrus planifrons</E> </FP> <FP SOURCE="FP-2">Priacanthidae—Bigeyes</FP> <FP SOURCE="FP1-2">Bigeye, <E T="03">Priacanthus arenatus</E> </FP> <FP SOURCE="FP1-2">Glasseye snapper, <E T="03">Priacanthus cruentatus</E> </FP> <FP SOURCE="FP-2">Scaridae—Parrotfishes</FP> <FP SOURCE="FP1-2">Midnight parrotfish, <E T="03">Scarus coelestinus</E> </FP> <FP SOURCE="FP1-2">Blue parrotfish, <E T="03">Scarus coeruleus</E> </FP> <FP SOURCE="FP1-2">Striped parrotfish, <E T="03">Scarus croicensis</E> </FP> <FP SOURCE="FP1-2">Rainbow parrotfish, <E T="03">Scarus guacamaia</E> </FP> <FP SOURCE="FP1-2">Princess parrotfish, <E T="03">Scarus taeniopterus</E> </FP> <FP SOURCE="FP1-2">Queen parrotfish, <E T="03">Scarus vetula</E> </FP> <FP SOURCE="FP1-2">Redband parrotfish, <E T="03">Sparisoma aurofrenatum</E> </FP> <FP SOURCE="FP1-2">Redtail parrotfish, <E T="03">Sparisoma chrysopterum</E> </FP> <FP SOURCE="FP1-2">Redfin parrotfish, <E T="03">Sparisoma rubripinne</E> </FP> <FP SOURCE="FP1-2">Stoplight parrotfish, <E T="03">Sparisoma viride</E> </FP> <FP SOURCE="FP-2">Sciaenidae—Drums</FP> <FP SOURCE="FP1-2">High-hat, <E T="03">Equetus acuminatus</E> </FP> <FP SOURCE="FP1-2">Jackknife-fish, <E T="03">Equetus lanceolatus</E> </FP> <FP SOURCE="FP1-2">Spotted drum, <E T="03">Equetus punctatus</E> </FP> <FP SOURCE="FP-2">Scorpaenidae—Scorpionfishes</FP> <FP SOURCE="FP-2">Serranidae—Sea basses</FP> <FP SOURCE="FP1-2">Rock hind, <E T="03">Epinephelus adscensionis</E> </FP> <FP SOURCE="FP1-2">Graysby, <E T="03">Epinephelus cruentatus</E> </FP> <FP SOURCE="FP1-2">Yellowedge grouper, <E T="03">Epinephelus flavolimbatus</E> </FP> <FP SOURCE="FP1-2">Coney, <E T="03">Epinephelus fulvus</E> </FP> <FP SOURCE="FP1-2">Red hind, <E T="03">Epinephelus guttatus</E> </FP> <FP SOURCE="FP1-2">Jewfish, <E T="03">Epinephelus itajara</E> </FP> <FP SOURCE="FP1-2">Red grouper, <E T="03">Epinephelus morio</E> </FP> <FP SOURCE="FP1-2">Misty grouper, <E T="03">Epinephelus mystacinus</E> </FP> <FP SOURCE="FP1-2">Nassau Grouper, <E T="03">Epinephelus striatus</E> </FP> <FP SOURCE="FP1-2">Butter hamlet, <E T="03">Hypoplectrus unicolor</E> </FP> <FP SOURCE="FP1-2">Swissguard basslet, <E T="03">Liopropoma rubre</E> </FP> <FP SOURCE="FP1-2">Yellowfin grouper, <E T="03">Mycteroperca venenosa</E> </FP> <FP SOURCE="FP1-2">Tiger grouper, <E T="03">Mycteroperca tigris</E> </FP> <FP SOURCE="FP1-2">Creole-fish, <E T="03">Paranthias furcifer</E> </FP> <FP SOURCE="FP1-2">Greater soapfish, <E T="03">Rypticus saponaceus</E> </FP> <FP SOURCE="FP1-2">Orangeback bass, <E T="03">Serranus annularis</E> </FP> <FP SOURCE="FP1-2">Lantern bass, <E T="03">Serranus baldwini</E> </FP> <FP SOURCE="FP1-2">Tobaccofish, <E T="03">Serranus tabacarius</E> </FP> <FP SOURCE="FP1-2">Harlequin bass, <E T="03">Serranus tigrinus</E> </FP> <FP SOURCE="FP1-2">Chalk bass, <E T="03">Serranus tortugarum</E> </FP> <FP SOURCE="FP-2">Soleidae—Soles</FP> <FP SOURCE="FP1-2">Caribbean tonguefish, <E T="03">Symphurus arawak</E> </FP> <FP SOURCE="FP-2">Sparidae—Porgies</FP> <FP SOURCE="FP1-2">Sea bream, <E T="03">Archosargus rhomboidalis</E> </FP> <FP SOURCE="FP1-2">Jolthead porgy, <E T="03">Calamus bajonado</E> </FP> <FP SOURCE="FP1-2">Sheepshead porgy, <E T="03">Calamus penna</E> </FP> <FP SOURCE="FP1-2">Pluma, <E T="03">Calamus pennatula</E> </FP> <FP SOURCE="FP-2">Syngnathidae—Pipefishes</FP> <FP SOURCE="FP1-2">Seahorses, <E T="03">Hippocampus spp.</E> </FP> <FP SOURCE="FP1-2">Pipefishes, <E T="03">Syngnathus spp.</E> </FP> <FP SOURCE="FP-2">Synodontidae—Lizardfishes</FP> <FP SOURCE="FP1-2">Sand diver, <E T="03">Synodus intermedius</E> </FP> <FP SOURCE="FP-2">Tetraodontidae—Puffers</FP> <FP SOURCE="FP1-2">Sharpnose puffer, <E T="03">Canthigaster rostrata</E> </FP> <FP SOURCE="FP1-2">Porcupinefish, <E T="03">Diodon hystrix</E> </FP> <HD SOURCE="HD1">Table 3 of Appendix A to Part 622—Gulf Reef Fish</HD> <FP SOURCE="FP-2">Balistidae—Triggerfishes</FP> <FP SOURCE="FP1-2">Gray triggerfish, <E T="03">Balistes capriscus</E> </FP> <FP SOURCE="FP1-2">Queen triggerfish, <E T="03">Balistes vetula</E> </FP> <FP SOURCE="FP-2">Carangidae—Jacks</FP> <FP SOURCE="FP1-2">Greater amberjack, <E T="03">Seriola dumerili</E> </FP> <FP SOURCE="FP1-2">Lesser amberjack, <E T="03">Seriola fasciata</E> </FP> <FP SOURCE="FP1-2">Almaco jack, <E T="03">Seriola rivoliana</E> </FP> <FP SOURCE="FP1-2">Banded rudderfish, <E T="03">Seriola zonata</E> </FP> <FP SOURCE="FP-2">Labridae—Wrasses</FP> <FP SOURCE="FP1-2">Hogfish, <E T="03">Lachnolaimus maximus</E> </FP> <FP SOURCE="FP-2">Lutjanidae—Snappers</FP> <FP SOURCE="FP1-2">Queen snapper, <E T="03">Etelis oculatus</E> </FP> <FP SOURCE="FP1-2">Mutton snapper, <E T="03">Lutjanus analis</E> </FP> <FP SOURCE="FP1-2">Schoolmaster, <E T="03">Lutjanus apodus</E> </FP> <FP SOURCE="FP1-2">Blackfin snapper, <E T="03">Lutjanus buccanella</E> </FP> <FP SOURCE="FP1-2">Red snapper, <E T="03">Lutjanus campechanus</E> </FP> <FP SOURCE="FP1-2">Cubera snapper, <E T="03">Lutjanus cyanopterus</E> </FP> <FP SOURCE="FP1-2">Gray (mangrove) snapper, <E T="03">Lutjanus griseus</E> </FP> <FP SOURCE="FP1-2">Dog snapper, <E T="03">Lutjanus jocu</E> </FP> <FP SOURCE="FP1-2">Mahogany snapper, <E T="03">Lutjanus mahogoni</E> </FP> <FP SOURCE="FP1-2">Lane snapper, <E T="03">Lutjanus synagris</E> </FP> <FP SOURCE="FP1-2">Silk snapper, <E T="03">Lutjanus vivanus</E> </FP> <FP SOURCE="FP1-2">Yellowtail snapper, <E T="03">Ocyurus chrysurus</E> </FP> <FP SOURCE="FP1-2">Wenchman, <E T="03">Pristipomoides aquilonaris</E> </FP> <FP SOURCE="FP1-2">Vermilion snapper, <E T="03">Rhomboplites aurorubens</E> </FP> <FP SOURCE="FP-2">Malacanthidae—Tilefishes</FP> <FP SOURCE="FP1-2">Goldface tilefish, <E T="03">Caulolatilus chrysops</E> </FP> <FP SOURCE="FP1-2">Blackline tilefish, <E T="03">Caulolatilus cyanops</E> </FP> <FP SOURCE="FP1-2">Anchor tilefish, <E T="03">Caulolatilus intermedius</E> </FP> <FP SOURCE="FP1-2">Blueline tilefish, <E T="03">Caulolatilus microps</E> </FP> <FP SOURCE="FP1-2">Tilefish, <E T="03">Lopholatilus chamaeleonticeps</E> </FP> <FP SOURCE="FP-2">Serranidae—Groupers</FP> <FP SOURCE="FP1-2">Dwarf sand perch, <E T="03">Diplectrum bivittatum</E> </FP> <FP SOURCE="FP1-2">Sand perch, <E T="03">Diplectrum formosum</E> </FP> <FP SOURCE="FP1-2">Rock hind, <E T="03">Epinephelus adscensionis</E> </FP> <FP SOURCE="FP1-2">Speckled hind, <E T="03">Epinephelus drummondhayi</E> </FP> <FP SOURCE="FP1-2">Yellowedge grouper, <E T="03">Epinephelus flavolimbatus</E> </FP> <FP SOURCE="FP1-2">Red hind, <E T="03">Epinephelus guttatus</E> </FP> <FP SOURCE="FP1-2">Jewfish, <E T="03">Epinephelus itajara</E> </FP> <FP SOURCE="FP1-2">Red grouper, <E T="03">Epinephelus morio</E> </FP> <FP SOURCE="FP1-2">Misty grouper, <E T="03">Epinephelus mystacinus</E> </FP> <FP SOURCE="FP1-2">Warsaw grouper, <E T="03">Epinephelus nigritus</E> </FP> <FP SOURCE="FP1-2">Snowy grouper, <E T="03">Epinephelus niveatus</E> </FP> <FP SOURCE="FP1-2">Nassau grouper, <E T="03">Epinephelus striatus</E> </FP> <FP SOURCE="FP1-2">Black grouper, <E T="03">Mycteroperca bonaci</E> </FP> <FP SOURCE="FP1-2">Yellowmouth grouper, <E T="03">Mycteroperca interstitialis</E> </FP> <FP SOURCE="FP1-2">Gag, <E T="03">Mycteroperca microlepis</E> </FP> <FP SOURCE="FP1-2">Scamp, <E T="03">Mycteroperca phenax</E> </FP> <FP SOURCE="FP1-2">Yellowfin grouper, <E T="03">Mycteroperca venenosa</E> </FP> <HD SOURCE="HD1">Table 4 of Appendix A to Part 622—South Atlantic Snapper-Grouper</HD> <FP SOURCE="FP-2">Balistidae—Triggerfishes</FP> <FP SOURCE="FP1-2">Gray triggerfish, <E T="03">Balistes capriscus</E> </FP> <FP SOURCE="FP1-2">Queen triggerfish, <E T="03">Balistes vetula</E> </FP> <FP SOURCE="FP1-2">Ocean triggerfish, C<E T="03">anthidermis sufflamen</E> </FP> <FP SOURCE="FP-2">Carangidae—Jacks</FP> <FP SOURCE="FP1-2">Yellow jack, <E T="03">Caranx bartholomaei</E> </FP> <FP SOURCE="FP1-2">Blue runner, <E T="03">Caranx crysos</E> </FP> <FP SOURCE="FP1-2">Crevalle jack, <E T="03">Caranx hippos</E> </FP> <FP SOURCE="FP1-2">Bar jack, <E T="03">Caranx ruber</E> </FP> <FP SOURCE="FP1-2">Greater amberjack, <E T="03">Seriola dumerili</E> <PRTPAGE P="163"/> </FP> <FP SOURCE="FP1-2">Lesser amberjack, <E T="03">Seriola fasciata</E> </FP> <FP SOURCE="FP1-2">Almaco jack, <E T="03">Seriola rivoliana</E> </FP> <FP SOURCE="FP1-2">Banded rudderfish, <E T="03">Seriola zonata</E> </FP> <FP SOURCE="FP-2">Ephippidae—Spadefishes</FP> <FP SOURCE="FP1-2">Spadefish, <E T="03">Chaetodipterus faber</E> </FP> <FP SOURCE="FP-2">Haemulidae—Grunts</FP> <FP SOURCE="FP1-2">Black margate, <E T="03">Anisotremus surinamensis</E> </FP> <FP SOURCE="FP1-2">Porkfish, <E T="03">Anisotremus virginicus</E> </FP> <FP SOURCE="FP1-2">Margate, <E T="03">Haemulon album</E> </FP> <FP SOURCE="FP1-2">Tomtate, <E T="03">Haemulon aurolineatum</E> </FP> <FP SOURCE="FP1-2">Smallmouth grunt, <E T="03">Haemulon chrysargyreum</E> </FP> <FP SOURCE="FP1-2">French grunt, <E T="03">Haemulon flavolineatum</E> </FP> <FP SOURCE="FP1-2">Spanish grunt, <E T="03">Haemulon macrostomum</E> </FP> <FP SOURCE="FP1-2">Cottonwick, <E T="03">Haemulon melanurum</E> </FP> <FP SOURCE="FP1-2">Sailors choice, <E T="03">Haemulon parrai</E> </FP> <FP SOURCE="FP1-2">White grunt, <E T="03">Haemulon plumieri</E> </FP> <FP SOURCE="FP1-2">Blue stripe grunt, <E T="03">Haemulon sciurus</E> </FP> <FP SOURCE="FP-2">Labridae—Wrasses</FP> <FP SOURCE="FP1-2">Hogfish, <E T="03">Lachnolaimus maximus</E> </FP> <FP SOURCE="FP1-2">Puddingwife, <E T="03">Halichoeres radiatus</E> </FP> <FP SOURCE="FP-2">Lutjanidae—Snappers</FP> <FP SOURCE="FP1-2">Black snapper, <E T="03">Apsilus dentatus</E> </FP> <FP SOURCE="FP1-2">Queen snapper, <E T="03">Etelis oculatus</E> </FP> <FP SOURCE="FP1-2">Mutton snapper, <E T="03">Lutjanus analis</E> </FP> <FP SOURCE="FP1-2">Schoolmaster, <E T="03">Lutjanus apodus</E> </FP> <FP SOURCE="FP1-2">Blackfin snapper, <E T="03">Lutjanus buccanella</E> </FP> <FP SOURCE="FP1-2">Red snapper, <E T="03">Lutjanus campechanus</E> </FP> <FP SOURCE="FP1-2">Cubera snapper, <E T="03">Lutjanus cyanopterus</E> </FP> <FP SOURCE="FP1-2">Gray snapper, <E T="03">Lutjanus griseus</E> </FP> <FP SOURCE="FP1-2">Mahogany snapper, <E T="03">Lutjanus mahogoni</E> </FP> <FP SOURCE="FP1-2">Dog snapper, <E T="03">Lutjanus jocu</E> </FP> <FP SOURCE="FP1-2">Lane snapper, <E T="03">Lutjanus synagris</E> </FP> <FP SOURCE="FP1-2">Silk snapper, <E T="03">Lutjanus vivanus</E> </FP> <FP SOURCE="FP1-2">Yellowtail snapper, <E T="03">Ocyurus chrysurus</E> </FP> <FP SOURCE="FP1-2">Vermilion snapper, <E T="03">Rhomboplites aurorubens</E> </FP> <FP SOURCE="FP-2">Malacanthidae—Tilefishes</FP> <FP SOURCE="FP1-2">Blueline tilefish, <E T="03">Caulolatilus microps</E> </FP> <FP SOURCE="FP1-2">Golden tilefish, <E T="03">Lopholatilus chamaeleonticeps</E> </FP> <FP SOURCE="FP1-2">Sand tilefish, <E T="03">Malacanthus plumieri</E> </FP> <FP SOURCE="FP-2">Percichthyidae—Temperate basses</FP> <FP SOURCE="FP1-2">Wreckfish, <E T="03">Polyprion americanus</E> </FP> <FP SOURCE="FP-2">Serranidae—Sea Basses and Groupers</FP> <FP SOURCE="FP1-2">Bank sea bass, <E T="03">Centropristis ocyurus</E> </FP> <FP SOURCE="FP1-2">Rock sea bass, <E T="03">Centropristis philadelphica</E> </FP> <FP SOURCE="FP1-2">Black sea bass, <E T="03">Centropristis striata</E> </FP> <FP SOURCE="FP1-2">Rock hind, <E T="03">Epinephelus adscensionis</E> </FP> <FP SOURCE="FP1-2">Graysby, <E T="03">Epinephelus cruentatus</E> </FP> <FP SOURCE="FP1-2">Speckled hind, <E T="03">Epinephelus drummondhayi</E> </FP> <FP SOURCE="FP1-2">Yellowedge grouper, <E T="03">Epinephelus flavolimbatus</E> </FP> <FP SOURCE="FP1-2">Coney, <E T="03">Epinephelus fulvus</E> </FP> <FP SOURCE="FP1-2">Red hind, <E T="03">Epinephelus guttatus</E> </FP> <FP SOURCE="FP1-2">Jewfish, <E T="03">Epinephelus itajara</E> </FP> <FP SOURCE="FP1-2">Red grouper, <E T="03">Epinephelus morio</E> </FP> <FP SOURCE="FP1-2">Misty grouper, <E T="03">Epinephelus mystacinus</E> </FP> <FP SOURCE="FP1-2">Warsaw grouper, <E T="03">Epinephelus nigritus</E> </FP> <FP SOURCE="FP1-2">Snowy grouper, <E T="03">Epinephelus niveatus</E> </FP> <FP SOURCE="FP1-2">Nassau grouper, <E T="03">Epinephelus striatus</E> </FP> <FP SOURCE="FP1-2">Black grouper, <E T="03">Mycteroperca bonaci</E> </FP> <FP SOURCE="FP1-2">Yellowmouth grouper, <E T="03">Mycteroperca interstitialis</E> </FP> <FP SOURCE="FP1-2">Gag, <E T="03">Mycteroperca microlepis</E> </FP> <FP SOURCE="FP1-2">Scamp, <E T="03">Mycteroperca phenax</E> </FP> <FP SOURCE="FP1-2">Tiger grouper, <E T="03">Mycteroperca tigris</E> </FP> <FP SOURCE="FP1-2">Yellowfin grouper, <E T="03">Mycteroperca venenosa</E> </FP> <FP SOURCE="FP-2">Sparidae—Porgies</FP> <FP SOURCE="FP1-2">Sheepshead, <E T="03">Archosargus probatocephalus</E> </FP> <FP SOURCE="FP1-2">Grass porgy, <E T="03">Calamus arctifrons</E> </FP> <FP SOURCE="FP1-2">Jolthead porgy, <E T="03">Calamus bajonado</E> </FP> <FP SOURCE="FP1-2">Saucereye porgy, <E T="03">Calamus calamus</E> </FP> <FP SOURCE="FP1-2">Whitebone porgy, <E T="03">Calamus leucosteus</E> </FP> <FP SOURCE="FP1-2">Knobbed porgy, <E T="03">Calamus nodosus</E> </FP> <FP SOURCE="FP1-2">Red porgy, <E T="03">Pagrus pagrus</E> </FP> <FP SOURCE="FP1-2">Longspine porgy, <E T="03">Stenotomus caprinus</E> </FP> <FP SOURCE="FP1-2">Scup, <E T="03">Stenotomus chrysops</E> </FP> <CITA>[61 FR 34934, July 3, 1996, as amended at 62 FR 13988, Mar. 25, 1997; 62 FR 67723, Dec. 30, 1997]</CITA> </APPENDIX> <APPENDIX> <EAR>Pt. 622, App. B</EAR> <HD SOURCE="HED"> <E T="14">Appendix B to Part</E> 622—<E T="04">Gulf Areas</E> </HD> <GPOTABLE CDEF="s150,15,15" COLS="3" OPTS="L2,i1"> <TTITLE>Table 1 of Appendix B to Part 622.—Seaward Coordinates of the Longline and Buoy Gear Restricted Area</TTITLE> <BOXHD> <CHED H="1">Point No. and reference location <SU>1</SU> </CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW> <ENT I="01"> 1Seaward limit of Florida's waters north of Dry Tortugas </ENT> <ENT>24°48.0′</ENT> <ENT>82°48.0′</ENT> </ROW> <ROW> <ENT I="01"> 2North of Rebecca Shoal </ENT> <ENT>25°07.5′ </ENT> <ENT>82°34.0′</ENT> </ROW> <ROW> <ENT I="01"> 3Off Sanibel Island—Offshore </ENT> <ENT>26°26.0′ </ENT> <ENT>82°59.0′</ENT> </ROW> <ROW> <ENT I="01"> 4West of Egmont Key </ENT> <ENT>27°30.0′ </ENT> <ENT>83°21.5′</ENT> </ROW> <ROW> <ENT I="01"> 5Off Anclote Keys—Offshore </ENT> <ENT>28°10.0′ </ENT> <ENT>83°45.0′</ENT> </ROW> <ROW> <ENT I="01"> 6Southeast corner of Florida Middle Ground </ENT> <ENT>28°11.0′ </ENT> <ENT>84°00.0′</ENT> </ROW> <ROW> <ENT I="01"> 7Southwest corner of Florida Middle Ground </ENT> <ENT>28°11.0′ </ENT> <ENT>84°07.0′</ENT> </ROW> <ROW> <ENT I="01"> 8West corner of Florida Middle Ground </ENT> <ENT>28°26.6′ </ENT> <ENT>84°24.8′</ENT> </ROW> <ROW> <ENT I="01"> 9Northwest corner of Florida Middle Ground </ENT> <ENT>28°42.5′ </ENT> <ENT>84°24.8′</ENT> </ROW> <ROW> <ENT I="01">10South of Carrabelle </ENT> <ENT>29°05.0′ </ENT> <ENT>84°47.0′</ENT> </ROW> <ROW> <ENT I="01">11South of Cape St. George </ENT> <ENT>29°02.5′ </ENT> <ENT>85°09.0′</ENT> </ROW> <ROW> <ENT I="01">12South of Cape San Blas lighted bell buoy—20 fathoms </ENT> <ENT>29°21.0′ </ENT> <ENT>85°30.0′</ENT> </ROW> <ROW> <ENT I="01">13South of Cape San Blas lighted bell buoy—50 fathoms </ENT> <ENT>28°58.7′ </ENT> <ENT>85°30.0′</ENT> </ROW> <ROW> <ENT I="01">14De Soto Canyon </ENT> <ENT>30°06.0′ </ENT> <ENT>86°55.0′</ENT> </ROW> <ROW> <ENT I="01">15South of Pensacola </ENT> <ENT>29°46.0′ </ENT> <ENT>87°19.0′</ENT> </ROW> <ROW> <ENT I="01">16South of Perdido Bay </ENT> <ENT>29°29.0′ </ENT> <ENT>87°27.5′</ENT> </ROW> <ROW> <ENT I="01">17East of North Pass of the Mississippi River </ENT> <ENT>29°14.5′ </ENT> <ENT>88°28.0′</ENT> </ROW> <ROW> <ENT I="01">18South of Southwest Pass of the Mississippi River </ENT> <ENT>28°46.5′ </ENT> <ENT>89°26.0′</ENT> </ROW> <ROW> <ENT I="01">19Northwest tip of Mississippi Canyon </ENT> <ENT>28°38.5′ </ENT> <ENT>90°08.5′</ENT> </ROW> <ROW> <ENT I="01">20West side of Mississippi Canyon </ENT> <ENT>28°34.5′ </ENT> <ENT>89°59.5′</ENT> </ROW> <ROW> <ENT I="01">21South of Timbalier Bay </ENT> <ENT>28°22.5′ </ENT> <ENT>90°02.5′</ENT> </ROW> <ROW> <ENT I="01">22South of Terrebonne Bay </ENT> <ENT>28°10.5′ </ENT> <ENT>90°31.5′</ENT> </ROW> <ROW> <ENT I="01">23South of Freeport </ENT> <ENT>27°58.0′ </ENT> <ENT>95°00.0′</ENT> </ROW> <ROW> <PRTPAGE P="164"/> <ENT I="01">24Off Matagorda Island </ENT> <ENT>27°43.0′ </ENT> <ENT>96°02.0′</ENT> </ROW> <ROW> <ENT I="01">25Off Aransas Pass </ENT> <ENT>27°30.0′ </ENT> <ENT>96°23.5′</ENT> </ROW> <ROW> <ENT I="01">26Northeast of Port Mansfield </ENT> <ENT>27°00.0′ </ENT> <ENT>96°39.0′</ENT> </ROW> <ROW> <ENT I="01">27East of Port Mansfield </ENT> <ENT>26°44.0′ </ENT> <ENT>96°37.5′</ENT> </ROW> <ROW> <ENT I="01">28Northeast of Port Isabel </ENT> <ENT>26°22.0′ </ENT> <ENT>96°21.0′</ENT> </ROW> <ROW> <ENT I="01">29U.S./Mexico EEZ boundary </ENT> <ENT>26°00.5′ </ENT> <ENT>96°24.5′</ENT> </ROW> <ROW EXPSTB="02"> <ENT I="11">Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of Texas’ waters.</ENT> </ROW> <TNOTE> <SU>1</SU> Nearest identifiable landfall, boundary, navigational aid, or submarine area.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s150,15,15" COLS="3" OPTS="L2,i1"> <TTITLE>Table 2 of Appendix B to Part 622.—<E T="04">Seaward Coordinates of the Stressed Area</E> </TTITLE> <BOXHD> <CHED H="1">Point No. and reference location <SU>1</SU> </CHED> <CHED H="1">North lat.</CHED> <CHED H="1">West long.</CHED> </BOXHD> <ROW EXPSTB="00"> <ENT I="01">1Seaward limit of Florida's waters northeast of Dry Tortugas </ENT> <ENT>24°45.5′ </ENT> <ENT>82°41.5′</ENT> </ROW> <ROW> <ENT I="01">2North of Marquesas Keys </ENT> <ENT>24°48.0′ </ENT> <ENT>82°06.5′</ENT> </ROW> <ROW> <ENT I="01">3Off Cape Sable </ENT> <ENT>25°15.0′ </ENT> <ENT>82°02.0′</ENT> </ROW> <ROW> <ENT I="01">4Off Sanibel Island—Inshore </ENT> <ENT>26°26.0′ </ENT> <ENT>82°29.0′</ENT> </ROW> <ROW> <ENT I="01">5Off Sanibel Island—Offshore </ENT> <ENT>26°26.0′ </ENT> <ENT>82°59.0′</ENT> </ROW> <ROW> <ENT I="01">6West of Egmont Key </ENT> <ENT>27°30.0′ </ENT> <ENT>83°21.5′</ENT> </ROW> <ROW> <ENT I="01">7Off Anclote Keys—Offshore </ENT> <ENT>28°10.0′ </ENT> <ENT>83°45.0′</ENT> </ROW> <ROW> <ENT I="01">8Off Anclote Keys—Inshore </ENT> <ENT>28°10.0′ </ENT> <ENT>83°14.0′</ENT> </ROW> <ROW> <ENT I="01">9Off Deadman Bay </ENT> <ENT>29°38.0′ </ENT> <ENT>84°00.0′</ENT> </ROW> <ROW> <ENT I="01">10Seaward limit of Florida's waters east of Cape St. George </ENT> <ENT>29°35.5′ </ENT> <ENT>84°38.6′</ENT> </ROW> <ROW> <ENT I="01" O="xl">Thence westerly along the seaward limit of Florida's waters to:</ENT> </ROW> <ROW> <ENT I="01">11Seaward limit of Florida's waters south of Cape San Blas </ENT> <ENT>29°32.2′ </ENT> <ENT>85°27.1′</ENT> </ROW> <ROW> <ENT I="01">12Southwest of Cape San Blas </ENT> <ENT>29°30.5′ </ENT> <ENT>85°52.0′</ENT> </ROW> <ROW> <ENT I="01">13Off St. Andrew Bay </ENT> <ENT>29°53.0′ </ENT> <ENT>86°10.0′</ENT> </ROW> <ROW> <ENT I="01">14De Soto Canyon </ENT> <ENT>30°06.0′ </ENT> <ENT>86°55.0′</ENT> </ROW> <ROW> <ENT I="01">15South of Florida/Alabama border </ENT> <ENT>29°34.5′ </ENT> <ENT>87°38.0′</ENT> </ROW> <ROW> <ENT I="01">16Off Mobile Bay </ENT> <ENT>29°41.0′ </ENT> <ENT>88°00.0′</ENT> </ROW> <ROW> <ENT I="01">17South of Alabama/Mississippi border </ENT> <ENT>30°01.5′ </ENT> <ENT>88°23.7′</ENT> </ROW> <ROW> <ENT I="01">18Horn/Chandeleur Islands </ENT> <ENT>30°01.5′ </ENT> <ENT>88°40.5′</ENT> </ROW> <ROW> <ENT I="01">19Chandeleur Islands </ENT> <ENT>29°35.5′ </ENT> <ENT>88°37.0′</ENT> </ROW> <ROW> <ENT I="01">20Seaward limit of Louisiana's waters off North Pass of the Mississippi River </ENT> <ENT>29°16.3′ </ENT> <ENT>89°00.0′</ENT> </ROW> <ROW> <ENT I="01" O="xl">Thence southerly and westerly along the seaward limit of Louisiana's waters to:</ENT> </ROW> <ROW> <ENT I="01">21Seaward limit of Louisiana's waters off Southwest Pass of the Mississippi River </ENT> <ENT>28°57.3′ </ENT> <ENT>89°28.2′</ENT> </ROW> <ROW> <ENT I="01">22Southeast of Grand Isle </ENT> <ENT>29°09.0′ </ENT> <ENT>89°47.0′</ENT> </ROW> <ROW> <ENT I="01">23Quick flashing horn buoy south of Isles Dernieres </ENT> <ENT>28°32.5′ </ENT> <ENT>90°42.0′</ENT> </ROW> <ROW> <ENT I="01">24Southeast of Calcasieu Pass </ENT> <ENT>29°10.0′ </ENT> <ENT>92°37.0′</ENT> </ROW> <ROW> <ENT I="01">25South of Sabine Pass—10 fathoms </ENT> <ENT>29°09.0′ </ENT> <ENT>93°41.0′</ENT> </ROW> <ROW> <ENT I="01">26South of Sabine Pass—30 fathoms </ENT> <ENT>28°21.5′ </ENT> <ENT>93°28.0′</ENT> </ROW> <ROW> <ENT I="01">27East of Aransas Pass </ENT> <ENT>27°49.0′ </ENT> <ENT>96°19.5′</ENT> </ROW> <ROW> <ENT I="01">28East of Baffin Bay </ENT> <ENT>27°12.0′ </ENT> <ENT>96°51.0′</ENT> </ROW> <ROW> <ENT I="01">29Northeast of Port Mansfield </ENT> <ENT>26°46.5′ </ENT> <ENT>96°52.0′</ENT> </ROW> <ROW> <ENT I="01">30Northeast of Port Isabel </ENT> <ENT>26°21.5′ </ENT> <ENT>96°35.0′</ENT> </ROW> <ROW> <ENT I="01">31U.S./Mexico EEZ boundary </ENT> <ENT>26°00.5′ </ENT> <ENT>96°36.0′</ENT> </ROW> <ROW> <ENT I="01">Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of Texas’ waters</ENT> </ROW> <TNOTE> <SU>1</SU> Nearest identifiable landfall, boundary, navigational aid, or submarine area.</TNOTE> </GPOTABLE> </APPENDIX> <APPENDIX> <EAR>Pt. 622, App. C</EAR> <HD SOURCE="HED">Appendix C to Part 622—Fish Length Measurements</HD> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="165"/> <GID>ER03JY96.000</GID> </GPH> <WIDE> <HD SOURCE="HD1">Figure 1 of Appendix C to Part 622—Carapace Length</HD> </WIDE> <GPH DEEP="447" SPAN="2"> <PRTPAGE P="166"/> <GID>ER03JY96.001</GID> </GPH> <WIDE> <HD SOURCE="HD1">Figure 2 of Appendix C to Part 622—Fork Length, Total Length, and Length for Deheaded Greater Amberjack</HD> </WIDE> </APPENDIX> <APPENDIX> <PRTPAGE P="167"/> <EAR>Pt. 622, App. D</EAR> <HD SOURCE="HED">Appendix D to Part 622—Specifications for Certified BRDs</HD> <P>A. <E T="03">Extended Funnel.</E> </P> <P>1. <E T="03">Description.</E> 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.</P> <P>2. <E T="03">Minimum Construction and Installation Requirements for Standard Size.</E> </P> <P>(a) <E T="03">Extension Material.</E> The small-mesh sections used on both sides of the large-mesh escape section are constructed of 1<FR>5/8</FR> inch (4.13 cm), No. 30 stretched mesh, nylon webbing. The front section is 120 meshes around by 6<FR>1/2</FR> meshes deep. The back section is 120 meshes around by 23 meshes deep.</P> <P>(b) <E T="03">Large-Mesh Escape Section.</E> 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<FR>1/2</FR>-mesh extension section and the rear edge is attached to the 23-mesh extension section.</P> <P>(c) <E T="03">Funnel.</E> The funnel is constructed of 1<FR>1/2</FR> 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.</P> <P>(d) <E T="03">Semi-Rigid Hoop.</E> A 30-inch (76.2-cm) diameter hoop constructed of plastic-coated trawl cable, swaged together with a <FR>3/8</FR>-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.</P> <P>(e) <E T="03">Installation.</E> 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.</P> <P>3. <E T="03">Minimum Construction and Installation Requirements for Inshore Size.</E> </P> <P>(a) <E T="03">Extension Material.</E> The small-mesh sections used on both sides of the large-mesh escape section are constructed of 1<FR>3/8</FR> inch (3.5 cm), No. 18 stretched mesh, nylon webbing. The front section is 120 meshes around by 6<FR>1/2</FR> meshes deep. The back section is 120 meshes around by 23 meshes deep.</P> <P>(b) <E T="03">Large-Mesh Escape Section.</E> 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<FR>1/2</FR>-mesh extension section and the rear edge is attached to the 23-mesh extension section.</P> <P>(c) <E T="03">Funnel.</E> The funnel is constructed of 1<FR>3/8</FR> 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.<PRTPAGE P="168"/> </P> <P>(d) <E T="03">Semi-Rigid Hoop.</E> A 24-inch (61.0-cm) diameter hoop constructed of plastic-coated trawl cable, swaged together with a <FR>3/8</FR>-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.</P> <P>(e) <E T="03">Installation.</E> 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.</P> <P>B. <E T="03">Expanded Mesh.</E> 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.</P> <P>C. <E T="03">Fisheye.</E> </P> <P>1. <E T="03">Description.</E> The fisheye BRD is a cone-shaped rigid frame constructed from aluminum or steel rod of at least <FR>1/4</FR> 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.</P> <P>2. <E T="03">Minimum Construction and Installation Requirements.</E> 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.</P> <CITA>[62 FR 18539, Apr. 16, 1997]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>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:</P> </EFFDNOT> </APPENDIX> <APPENDIX> <HD SOURCE="HED">Appendix D to Part 622—Specifications for Certified BRDs</HD> <STARS/> <P>D. <E T="03">Gulf fisheye</E>.</P> <P>1. <E T="03">Description</E>. 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.</P> <P>2. <E T="03">Minimum Construction and Installation Requirements</E>. 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 in<E T="51">2</E> (232.3 cm<E T="51">2</E>). 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.</P> <P>E. <E T="03">Jones-Davis</E>.</P> <P>1. <E T="03">Description</E>. 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.</P> <P>2. <E T="03">Minimum Construction and Installation Requirements</E>. The Jones-Davis BRD must contain all of the following.</P> <P>(a) <E T="03">Webbing extension</E>. 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.</P> <P>(b) <E T="03">28-inch (71.1-cm) cable hoop</E>. A single hoop must be constructed of <FR>1/2</FR>-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 <FR>1/2</FR>-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 <FR>1/2</FR> 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.</P> <P>(c) <E T="03">24-inch (61.0-cm) cable hoop</E>. A single hoop must be constructed of 3/8-inch (0.95-cm) steel cable 75 <FR>1/2</FR> 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 <PRTPAGE P="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.</P> <P>(d) <E T="03">Funnel</E>. The funnel must be constructed from four sections of 1 <FR>1/2</FR>-inch (3.8-cm) heat-set and depth-stretched polypropylene or polyethylene webbing. The two side sections must be rectangular in shape, 29 <FR>1/2</FR> meshes on the leading edge by 23 meshes deep. The top and bottom sections are 29 <FR>1/2</FR> 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.</P> <P>(e) <E T="03">Attachment of the funnel in the webbing extension</E>. 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.</P> <P>(f) <E T="03">Cutting the escape openings</E>. 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 in<E T="51">2</E> (5,574.2 cm<E T="51">2</E>). 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.</P> <P>(g) <E T="03">Cone fish deflector</E>. 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.</P> <P>(h) <E T="03">11-inch (27.9-cm) cable hoop for cone deflector</E>. A single hoop must be constructed of 5/16-inch (0.79-cm)or 3/8-inch (0.95-cm) cable 34 <FR>1/2</FR> 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.</P> <P>(i) <E T="03">Installation of the cone in the extension</E>. 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.</P> </APPENDIX> <PART> <EAR>Pt. 630</EAR> <HD SOURCE="HED">PART 630—ATLANTIC SWORDFISH FISHERY</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECHD>Sec.</SECHD> <SECTNO>630.1</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <SECTNO>630.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>630.3</SECTNO> <SUBJECT>Relation to other laws.</SUBJECT> <SECTNO>630.4</SECTNO> <SUBJECT>Permits and fees.</SUBJECT> <SECTNO>630.5</SECTNO> <SUBJECT>Recordkeeping and reporting.</SUBJECT> <SECTNO>630.6</SECTNO> <SUBJECT>Vessel identification.</SUBJECT> <SECTNO>630.7</SECTNO> <SUBJECT>Prohibitions.</SUBJECT> <SECTNO>630.8</SECTNO> <SUBJECT>Facilitation of enforcement.</SUBJECT> <SECTNO>630.9</SECTNO> <SUBJECT>Penalties.</SUBJECT> <SECTNO>630.10</SECTNO> <SUBJECT>At-sea observer coverage.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Management Measures</HD> <SECTNO>630.20</SECTNO> <SUBJECT>Fishing year.</SUBJECT> <SECTNO>630.21</SECTNO> <SUBJECT>Restrictions on transfer, offloading, and sale.</SUBJECT> <SECTNO>630.22</SECTNO> <SUBJECT>Gear restrictions.</SUBJECT> <SECTNO>630.23</SECTNO> <SUBJECT>Harvest limitations.</SUBJECT> <SECTNO>630.24</SECTNO> <SUBJECT>Quotas.</SUBJECT> <SECTNO>630.25</SECTNO> <SUBJECT>Closures and incidental limits.</SUBJECT> <SECTNO>630.26</SECTNO> <SUBJECT>Specifically authorized activities.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Restrictions on Swordfish Imports</HD> <SECTNO>630.40</SECTNO> <SUBJECT>Applicability.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Donation Program</HD> <SECTNO>630.50</SECTNO> <SUBJECT>Purpose.</SUBJECT> <SECTNO>630.51</SECTNO> <SUBJECT>Participation.</SUBJECT> <SECTNO>630.52</SECTNO> <SUBJECT>Termination.</SUBJECT> <SUBJGRP> <PRTPAGE P="170"/> <HD SOURCE="HED">Figures—Part <E T="01">630</E> </HD> </SUBJGRP> <FP SOURCE="FP-2"> <E T="04">Figure</E> 1—<E T="04">Cleithrum to keel (CK) measurement of swordfish.</E> </FP> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>16 U.S.C. 1801 <E T="03">et seq.</E> and 16 U.S.C. 971 <E T="03">et seq.</E> </P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>50 FR 33956, Aug. 22, 1985, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 630.1</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <P>(a) The purpose of this part is to implement—</P> <P>(1) The Fishery Management Plan for the Atlantic Swordfish Fishery under the Magnuson Act; and</P> <P>(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.</P> <P>(b) This part governs the conservation and management of the North Atlantic and South Atlantic swordfish stocks.</P> <P>(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 §§ 611.60 and 611.61.</P> <CITA>[56 FR 65016, Dec. 13, 1991, as amended at 62 FR 55361, Oct. 24, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 630.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>In addition to the definitions in the Magnuson Act and in § 620.2 of this chapter, the terms used in this part have the following meanings:</P> <P> <E T="03">Carcass</E> or <E T="03">dressed</E> means a fish that has been gutted and the head and fins have been removed, but is otherwise in whole condition.</P> <P> <E T="03">Dealer</E> means the person who first receives from a fishing vessel, by way of purchase, barter, or trade, swordfish harvested from the Atlantic Ocean.</P> <P> <E T="03">Drift gillnet,</E> 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.</P> <P> <E T="03">Gangion</E> means one of the lines that bear hooks and which is attached at intervals along the main line of a longline. (Synonymous with leader.)</P> <P> <E T="03">Handline gear</E> means a fishing line set and pulled by hand that remains attached to a fishing vessel during fishing.</P> <P> <E T="03">Land</E> or <E T="03">landed</E> means to arrive in port or at a dock, berth, beach, seawall, or ramp.</P> <P> <E T="03">North Atlantic swordfish stock</E> means those swordfish in the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5° N. lat.</P> <P> <E T="03">Pelagic longline</E> 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.</P> <P> <E T="03">Recreational fishery</E> means the harvest of swordfish from a vessel with only rod and reel fishing gear aboard.</P> <P> <E T="03">Regional Director</E> means the Director, Southeast Region, NMFS, 9721 Executive Center Drive North, St. Petersburg, FL 33702-2432; telephone 813-570-5301, or a designee.</P> <P> <E T="03">Rod and reel</E> means a hand-held (including rod-holder) fishing rod with a manually or electrically operated reel attached.</P> <P> <E T="03">Science and Research Director</E> 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.</P> <P> <E T="03">South Atlantic swordfish stock</E> means those swordfish in the Atlantic Ocean, south of 5° N. lat.</P> <P> <E T="03">Swordfish</E> means a fish of the species <E T="03">Xiphias gladius.</E> </P> <P> <E T="03">Trip</E> 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.</P> <P> <E T="03">Trip limit</E> means the total allowable take from a single trip as defined in this section.</P> <P> <E T="03">Whole</E>, when referring to swordfish, means a fish that is not gutted and the head and fins are intact.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <PRTPAGE P="171"/> <SECTNO>§ 630.3</SECTNO> <SUBJECT>Relation to other laws.</SUBJECT> <P>(a) The relation of this part to other laws is set forth in § 620.3 of this chapter and paragraph (b) of this section.</P> <P>(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.</P> <CITA>[56 FR 59222, Nov. 25, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 630.4</SECTNO> <SUBJECT>Permits and fees.</SUBJECT> <P>(a) <E T="03">Applicability</E>—(1)<E T="03"> Annual vessel permit</E>. 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.</P> <P>(2) <E T="03">Annual dealer permit</E>. 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.</P> <P>(b) <E T="03">Application for an annual vessel permit.</E> (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:</P> <P>(i) Vessel owner's name, mailing address, and telephone number;</P> <P>(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;</P> <P>(iii) Vessel's name, official number, home port, net tonnage, length, and type and amount of gear used;</P> <P>(iv) Any other information concerning vessel and gear characteristics requested by the Regional Director; and</P> <P>(v) Any other information requested by the Regional Director that may be necessary for the issuance or administration of the permit.</P> <P>(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.</P> <P>(c) <E T="03">Application for an annual dealer permit.</E> (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.</P> <P>(2) A permit applicant must provide the following information:</P> <P>(i) A copy of each state wholesaler's license held by the dealer;</P> <P>(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;</P> <P>(iii) The address of each physical facility at a fixed location where the business receives fish;</P> <P>(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</P> <P>(v) If the applicant is a corporation or partnership, the names, addresses, and dates of birth of the two principal shareholders or partners.</P> <P>(d) <E T="03">Fees.</E> 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 <PRTPAGE P="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.</P> <P>(e) <E T="03">Issuance.</E> (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 § 630.5.</P> <P>(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.</P> <P>(f) <E T="03">Duration.</E> 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.</P> <P>(g) <E T="03">Transfer.</E> (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.</P> <P>(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.</P> <P>(h) <E T="03">Display.</E> 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 § 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.</P> <P>(i) <E T="03">Sanctions and denials.</E> 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.</P> <P>(j) <E T="03">Alteration.</E> A permit that is altered, erased, or mutilated is invalid.</P> <P>(k) <E T="03">Replacement.</E> 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.</P> <P>(l) <E T="03">Change in application information.</E> 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.</P> <CITA>[56 FR 65016, Dec. 13, 1991, as amended at 62 FR 55361, Oct. 24, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 630.5</SECTNO> <SUBJECT>Recordkeeping and reporting.</SUBJECT> <P>(a) <E T="03">Fishing vessel reports.</E> (1) The owner and operator of a vessel for which a vessel permit has been issued under § 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.</P> <P>(2) The owner or operator of a vessel for which a vessel permit has been issued under § 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, <PRTPAGE P="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.</P> <P>(b) <E T="03">Dealer reports.</E> (1) A dealer who has been issued a dealer permit under § 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:</P> <P>(i) Name, address, and permit number of the dealer;</P> <P>(ii) Names and official numbers of fishing vessels from which swordfish were received;</P> <P>(iii) Dates of receipt of swordfish; and</P> <P>(iv) Listed by each port and county where swordfish were off-loaded from fishing vessels:</P> <P>(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</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[56 FR 65017, Dec. 13, 1991, as amended at 61 FR 27307, May 31, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 630.6</SECTNO> <SUBJECT>Vessel identification.</SUBJECT> <P>(a) <E T="03">Official number.</E> A vessel for which a permit is required by § 630.4 must display its official number—</P> <P>(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;</P> <P>(2) In block arabic numerals in contrasting color to the background;</P> <P>(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</P> <P>(4) Permanently affixed to or painted on the vessel.</P> <P>(b) <E T="03">Duties of operator.</E> The operator of each fishing vessel must—</P> <P>(1) Keep the official number clearly legible and in good repair, and</P> <P>(2) Ensure that no part of the fishing vessel, its rigging, its fishing gear, or <PRTPAGE P="174"/>anything carried aboard obstructs the view of the official number from any enforcement vessel or aircraft.</P> <CITA>[50 FR 33956, Aug. 22, 1985, as amended at 53 FR 27694, July 22, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 630.7</SECTNO> <SUBJECT>Prohibitions.</SUBJECT> <P>In addition to the general prohibitions specified in § 620.7 of this chapter, it is unlawful for any person to do any of the following:</P> <P>(a) Fish for, possess, retain, or land swordfish without a valid permit aboard a vessel when such permit is required under § 630.4(a)(1).</P> <P>(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 § 630.4(a)(1) and as specified in § 630.21(b).</P> <P>(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° N. latitude, including the Gulf of Mexico and Caribbean Sea, to a dealer without a valid dealer permit issued under § 630.4(e).</P> <P>(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 § § 630.4(a)(2) and 630.21(c).</P> <P>(e) Falsify information required on an application for a permit submitted under § 630.4 (b) or (c).</P> <P>(f) Fail to display a permit, as required by § 630.4(h).</P> <P>(g) Falsify or fail to maintain or submit information required to be maintained or submitted, as specified in § 630.5 (a) or (b).</P> <P>(h) Falsify or fail to affix and maintain vessel markings, as specified in § 630.6.</P> <P>(i) Fail to embark an observer on a trip when selected, as specified in § 630.10(a).</P> <P>(j) Falsify or fail to provide requested information regarding a vessel's trip, as specified in § 630.10(b).</P> <P>(k) Assault, resist, oppose, impede, harass, intimidate, or interfere with an NMFS-approved observer aboard a vessel.</P> <P>(l) Prohibit or bar by command, impediment, threat, coercion, or refusal of reasonable assistance, an observer conducting his or her duties aboard a vessel.</P> <P>(m) Fail to provide an observer with the required food, accommodations, access, and assistance, as specified in § 630.10(c).</P> <P>(n) Transfer a swordfish at sea from or to a fishing vessel, as specified in § 630.21(a).</P> <P>(o) Sell, purchase, trade, or barter or attempt to sell, purchase, trade, or barter a swordfish harvested in the recreational fishery, as specified in § 630.21(d).</P> <P>(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 § 630.22.</P> <P>(q) Possess on board a vessel a swordfish that is smaller than the minimum size specified in § 630.23(a).</P> <P>(r) Possess or land a swordfish in other than whole or dressed form, as specified in § 630.23(c).</P> <P>(s) During a closure of the drift gillnet, longline, or harpoon fisheries under § 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 § 630.25(c).</P> <P>(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 § 630.25(d).</P> <P>(u) During a closure of the bycatch fishery under § 630.25(a)(2), fish for, possess, or land swordfish, as specified in § 630.25(e).</P> <P>(v) Interfere with, obstruct, delay, or prevent by any means, a lawful investigation or search in the process of enforcing this part.</P> <P>(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.</P> <P>(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.</P> <P>(y) Purchase, sell, trade, or barter, or attempt to purchase, sell, trade, or barter, any swordfish or part thereof that <PRTPAGE P="175"/>is subject to the donation program in subpart D of this part, as specified at § 630.51(b)(9), § 630.51(c)(4), or § 630.51(d)(5).</P> <P>(z) Exceed the vessel trip limits specified in § 630.23.</P> <P>(aa) [Reserved]</P> <P>(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° N. latitude.</P> <P>(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° N. latitude during a closure of the South Atlantic swordfish fishery under § 630.25(a)(1).</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 630.8</SECTNO> <SUBJECT>Facilitation of enforcement.</SUBJECT> <P>See § 620.8 of this chapter.</P> <CITA>[53 FR 24656, June 29, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 630.9</SECTNO> <SUBJECT>Penalties.</SUBJECT> <P>See § 620.9 of this chapter.</P> <CITA>[53 FR 24656, June 29, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 630.10</SECTNO> <SUBJECT>At-sea observer coverage.</SUBJECT> <P>(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.</P> <P>(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 § 630.4 must advise the Science and Research Director in writing not less than 5 days in advance of each trip of the following:</P> <P>(1) Departure information (port, dock, date, and time); and</P> <P>(2) Expected landing information (port, dock, and date).</P> <P>(c) An owner or operator of a vessel on which an NMFS-approved observer is embarked must—</P> <P>(1) Provide accommodations and food that are equivalent to those provided to the crew;</P> <P>(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;</P> <P>(3) Allow the observer access to and use of the vessel's navigation equipment and personnel upon request to determine the vessel's position;</P> <P>(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</P> <P>(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.</P> <CITA>[56 FR 65018, Dec. 13, 1991]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Management Measures</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>56 FR 65019, Dec. 13, 1991, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 630.20</SECTNO> <SUBJECT>Fishing Year.</SUBJECT> <P>The fishing year is June 1 through July 31.</P> <CITA>[61 FR 27307, May 31, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 630.21</SECTNO> <SUBJECT>Restrictions on transfer, offloading, and sale.</SUBJECT> <P>(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.</P> <P>(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 § 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 <PRTPAGE P="176"/>U.S. Virgin Islands with only handline gear on board.</P> <P>(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 § 630.4(e).</P> <P>(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 § 630.4(e).</P> <P>(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.</P> <CITA>[62 FR 55361, Oct. 24, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 630.22</SECTNO> <SUBJECT>Gear restrictions.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 630.23</SECTNO> <SUBJECT>Harvest limitations.</SUBJECT> <P>(a) <E T="03">Minimum size</E>. 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).</P> <P>(b) <E T="03">Carcass condition</E>. 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.</P> <P>(c) <E T="03">Vessel trip limits</E>. In 1996, vessels issued a swordfish permit under § 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 § 630.25.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 630.24</SECTNO> <SUBJECT>Quotas.</SUBJECT> <P>(a) <E T="03">Applicability.</E> (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 § 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 § 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.</P> <P>(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.</P> <P>(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.<PRTPAGE P="177"/> </P> <P>(b) <E T="03">Directed-fishery quotas</E>. (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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">Incidental catch quota</E>. 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.</P> <P>(d) <E T="03">Annual adjustments</E>. (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:</P> <P>(i) Swordfish stock abundance assessments;</P> <P>(ii) Swordfish stock age and size composition;</P> <P>(iii) Catch and effort in the swordfish fishery; and</P> <P>(iv) Consistency with ICCAT recommendations.</P> <P>(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 <E T="04">Federal Register</E>, 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 <E T="04">Federal Register</E>.</P> <P>(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 <E T="04">Federal Register</E> of any adjustment and of the apportionment made under this paragraph (d)(3).</P> <P>(e) <E T="03">Inseason adjustments</E>. (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.</P> <P>(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.</P> <P>(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.</P> <P>(4) NMFS will publish notification in the <E T="04">Federal Register</E> of any inseason adjustment and its apportionment made under this paragraph (e).<PRTPAGE P="178"/> </P> <P>(f) <E T="03">Gear allocations</E>. 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.</P> <P>(g) <E T="03">Adjustments to gear quotas.</E> 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.</P> <P>(h) <E T="03">Notice of adjustments.</E> (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 <E T="04">Federal Register</E>. 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 <E T="04">Federal Register</E>.</P> <P>(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.</P> <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 63 FR 51858, Sept. 29, 1998, § 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:</P> <SUPERSED> <SECTION> <SECTNO>§ 630.24</SECTNO> <SUBJECT>Quotas.</SUBJECT> <STARS/> <P>(b) <E T="03">Directed-fishery quotas</E>. (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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.<STARS/> <PRTPAGE P="179"/> </P> <P>(d) <E T="03">Adjustments to annual quotas.</E> (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:</P> <P>(i) Swordfish stock abundance assessments;</P> <P>(ii) Swordfish stock age and size composition;</P> <P>(iii) Catch and effort in the swordfish fishery; and</P> <P>(iv) Consistency with ICCAT recommendations.</P> <P>(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.</P> <P>(3) NMFS will prepare a report of its evaluations, a regulatory impact review, and an environmental assessment.</P> <P>(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.</P> <P>(5) NMFS will announce any adjustments to the annual quotas by publication of a proposed rule in the <E T="04">Federal Register</E>, 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 <E T="04">Federal Register</E>.</P> <P>(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.</P> <P>(f) <E T="03">Inseason adjustments to the bycatch and directed fishery quotas</E>. (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.</P> <P>(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.<STARS/> </P> </SECTION> <SECTION> <SECTNO>§ 630.25</SECTNO> <SUBJECT>Closures and incidental limits.</SUBJECT> <P>(a) <E T="03">Notice of closure.</E> (1) When a directed-fishery annual, semiannual, or gear quota specified in § 630.24 is reached, or is projected to be reached, NMFS will publish notification in the <E T="04">Federal Register</E> 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.</P> <P>(2) When the bycatch quota specified in § 630.24(c) is reached, or is projected to be reached, NMFS will publish a notice in the <E T="04">Federal Register</E> 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.</P> <P>(b) <E T="03">Special set-aside for harpoon gear.</E> 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 <E T="04">Federal Register</E> in the closure notice.</P> <P>(c) <E T="03">Bycatch limits during a directed-fishery closure.</E> (1) During a closure of <PRTPAGE P="180"/>the drift gillnet fishery, aboard a vessel using or having aboard a drift gillnet—</P> <P>(i) A person may not fish for swordfish from the North Atlantic swordfish stock; and</P> <P>(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°N. latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean coastal state.</P> <P>(2) During a closure of the longline fishery, aboard a vessel using or having aboard a longline and not having aboard harpoon gear—</P> <P>(i) A person may not fish for swordfish from the North Atlantic swordfish stock; and</P> <P>(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 5<E T="51">O</E> 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 <E T="04">Federal Register</E> 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.</P> <P>(3) During a closure of the harpoon fishery, aboard a vessel using or having aboard harpoon gear—</P> <P>(i) A person may not fish for swordfish from the North Atlantic swordfish stock; and</P> <P>(ii) No swordfish may be possessed in the North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5°N. latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean coastal state.</P> <P>(d) <E T="03">Bycatch limits in the non-directed fishery.</E> Aboard a vessel using or having aboard gear other than drift gillnet, harpoon, or longline, other than a vessel in the recreational fishery—</P> <P>(1) A person may not fish for swordfish from the North Atlantic swordfish stock;</P> <P>(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 °N. latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean coastal state; and</P> <P>(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 °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.</P> <P>(e) <E T="03">Limits during a bycatch closure.</E> 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—</P> <P>(1) A person may not fish for swordfish from the North Atlantic swordfish stock; and</P> <P>(2) No swordfish may be possessed in the North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5°N. latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean coastal state.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 630.26</SECTNO> <SUBJECT>Specifically authorized activities.</SUBJECT> <P>NMFS may authorize for the acquisition of information and data, activities that are otherwise prohibited by these regulations.</P> </SECTION> <SUBPART> <HD SOURCE="HED">Subpart C—Restrictions on Swordfish Imports</HD> <SECTION> <SECTNO>§ 630.40</SECTNO> <SUBJECT>Applicability.</SUBJECT> <P>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 <E T="03">et seq.,</E> with respect to import controls and which specify procedures for the establishment of restrictions on imports of <PRTPAGE P="181"/>tuna, apply to swordfish from the North Atlantic swordfish stock.</P> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D—Donation Program</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>59 FR 55064, Nov. 3, 1994, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 630.50</SECTNO> <SUBJECT>Purpose.</SUBJECT> <P>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 § 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.</P> </SECTION> <SECTION> <SECTNO>§ 630.51</SECTNO> <SUBJECT>Participation.</SUBJECT> <P>(a) <E T="03">General.</E> Owners of vessels and dealers permitted under § 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.</P> <P>(1) Factors that will be considered in the selection process include:</P> <P>(i) History of voluntary participation in NMFS cooperative scientific programs;</P> <P>(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;</P> <P>(iii) Representative coverage of the fishery, to the extent possible; and</P> <P>(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 <E T="03">et seq.</E>), the Lacey Act (16 U.S.C. 3371 <E T="03">et seq.</E>), or the ATCA (16 U.S.C. 971 <E T="03">et seq.</E>), or who is currently under investigation for such a violation, may be excluded from the program.</P> <P>(2) Selected dealers will also be advised of the selected vessel owners and of authorized Second Harvest recipients of donated swordfish.</P> <P>(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.</P> <P>(b) <E T="03">Vessels.</E> 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 § 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 § 630.7(q).</P> <P>(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.</P> <P>(2) The vessel's owner or operator must release any swordfish that is less than the minimum allowable size specified in § 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 <PRTPAGE P="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.</P> <P>(3) The vessel's owner or operator must retain any swordfish that is dead when brought aboard the vessel.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 <E T="04">Federal Register</E>.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">Dealers.</E> 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 § 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 § 620.7(a) of this chapter.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(6) The dealer must include individual swordfish tag numbers along with the associated individual carcass weights of swordfish received under the <PRTPAGE P="183"/>donation program in the twice-monthly reports required by § 630.5(b).</P> <P>(d) <E T="03">Second Harvest.</E> 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 § 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 § 620.7(a) of this chapter.</P> <P>(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.</P> <P>(2) Second Harvest may receive only undersized swordfish with donation tags attached.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(e) <E T="03">Duration of selection.</E> A selection letter remains valid for the period specified therein, provided the permit issued to the participating vessel or dealer under § 630.4 remains valid, except that such selection letter may be revoked by the Chief, Highly Migratory Species Division—</P> <P>(1) Upon the request of the participating vessel owner or dealer;</P> <P>(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 <E T="03">et seq.</E>), the Lacey Act (16 U.S.C. 3371 <E T="03">et seq.</E>), or the ATCA (16 U.S.C. 971 <E T="03">et seq.</E>); or</P> <P>(3) For actions not consistent with the requirements of the pilot program of this subpart.</P> <P>(f) <E T="03">Transfer.</E> 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.</P> </SECTION> <SECTION> <SECTNO>§ 630.52</SECTNO> <SUBJECT>Termination.</SUBJECT> <P>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 <E T="04">Federal Register</E>. </P> <GPH DEEP="470" SPAN="2"> <PRTPAGE P="184"/> <GID>EC03MR91.058</GID> </GPH> <CITA TYPE="W">[56 FR 65021, Dec. 13, 1991]</CITA> </SECTION> </SUBPART> <PART> <PRTPAGE P="185"/> <EAR>Pt. 640</EAR> <HD SOURCE="HED">PART 640—SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH ATLANTIC</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECHD>Sec.</SECHD> <SECTNO>640.1</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <SECTNO>640.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>640.3</SECTNO> <SUBJECT>Relation to other laws.</SUBJECT> <SECTNO>640.4</SECTNO> <SUBJECT>Permits and fees.</SUBJECT> <SECTNO>640.5</SECTNO> <SUBJECT>Recordkeeping and reporting. [Reserved]</SUBJECT> <SECTNO>640.6</SECTNO> <SUBJECT>Vessel and gear identification.</SUBJECT> <SECTNO>640.7</SECTNO> <SUBJECT>Prohibitions.</SUBJECT> <SECTNO>640.8</SECTNO> <SUBJECT>Facilitation of enforcement.</SUBJECT> <SECTNO>640.9</SECTNO> <SUBJECT>Penalties.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Management Measures</HD> <SECTNO>640.20</SECTNO> <SUBJECT>Seasons.</SUBJECT> <SECTNO>640.21</SECTNO> <SUBJECT>Harvest limitations.</SUBJECT> <SECTNO>640.22</SECTNO> <SUBJECT>Gear and diving restrictions.</SUBJECT> <SECTNO>640.23</SECTNO> <SUBJECT>Bag/possession limits.</SUBJECT> <SECTNO>640.24</SECTNO> <SUBJECT>Authorized activities.</SUBJECT> <SUBJGRP> <HD SOURCE="HED">Figures—Part <E T="01">640</E> </HD> </SUBJGRP> <FP SOURCE="FP-2"> <E T="04">Figure</E> 1—<E T="04">Carapace Length</E> </FP> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>16 U.S.C. 1801 <E T="03">et seq.</E> </P> </AUTH> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 640.1</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[57 FR 56518, Nov. 30, 1992]</CITA> </SECTION> <SECTION> <SECTNO>§ 640.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>In addition to the definitions in the Magnuson Act and in § 620.2 of this chapter, the terms used in this part have the following meanings:</P> <P> <E T="03">Bully net</E> 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.</P> <P> <E T="03">Carapace length</E> 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.</P> <P> <E T="03">Commercial fishing</E> 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.</P> <P> <E T="03">Hoop net</E> 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.</P> <P> <E T="03">Live well</E> 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.</P> <P> <E T="03">Off Florida</E> means the area from the Florida coast to the outer limit of the EEZ between the Georgia/Florida boundary (30°42′45.6″N. latitude) and the Alabama/Florida boundary (87°31′06″W. longitude).</P> <P> <E T="03">Off the Gulf states, other than Florida</E> means the area from the coast to the outer limit of the EEZ between the Texas/Mexico border to the Alabama/Florida boundary (87<E T="81">°</E>31′06″ W. long.).</P> <P> <E T="03">Off Monroe County, Florida</E> 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 <PRTPAGE P="186"/>(25°20.4′N. latitude) and a line extending directly west from the Monroe/Collier County, Florida boundary (25°48.0′N. latitude).</P> <P> <E T="03">Off the southern Atlantic states, other than Florida</E> means the area from the coast to the outer limit of the EEZ between the Virginia/North Carolina boundary (36<E T="81">°</E>34′55″ N. lat.) to the Georgia/Florida boundary (30<E T="81">°</E>42′45.6″ N. lat.).</P> <P> <E T="03">Recreational fishing</E> means fishing or fishing activities which result in the harvest of fish, none of which (or parts thereof) is sold, traded, or bartered.</P> <P> <E T="03">Regional Director</E> means the Director, Southeast Region, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702, telephone 813-570-5301; or a designee.</P> <P> <E T="03">Slipper (Spanish) lobster</E> means the species <E T="03">Scyllarides nodifer.</E> </P> <P> <E T="03">Spiny lobster</E> means the species <E T="03">Panulirus argus.</E> </P> <P> <E T="03">Tail length</E> 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.</P> <P> <E T="03">Trip</E> 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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 640.3</SECTNO> <SUBJECT>Relation to other laws.</SUBJECT> <P>(a) The relation of this part to other laws is set forth in § 620.3 of this chapter and paragraph (b) of this section.</P> <P>(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.</P> <CITA>[47 FR 29203, July 2, 1982, as amended at 52 FR 22659, June 15, 1987; 53 FR 24655, June 29, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 640.4</SECTNO> <SUBJECT>Permits and fees.</SUBJECT> <P>(a) <E T="03">Applicability</E>—(1) <E T="03">Licenses, certificates, and permits</E>—(i) <E T="03">EEZ off Florida and spiny lobster landed in Florida</E>. 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 § 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.</P> <P>(ii) <E T="03">EEZ other than off Florida</E>. 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 § 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.</P> <P>(2) <E T="03">Tail-separation permits.</E> 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.<PRTPAGE P="187"/> </P> <P>(3) <E T="03">Corporation/partnership-owned vessels.</E> 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.</P> <P>(4) <E T="03">Operator-qualified permits.</E> A vessel permit issued upon the qualification of an operator is valid only when that person is the operator of the vessel.</P> <P>(b) <E T="03">Applications for permits.</E> (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.</P> <P>(2) An applicant must provide the following information:</P> <P>(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.</P> <P>(ii) The vessel's name and official number.</P> <P>(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).</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(vii) Documentation supporting the statement of income, if required under paragraph (b)(3) of this section.</P> <P>(viii) If a tail-separation permit is desired, a sworn statement by the applicant certifying that his or her fishing activity—</P> <P>(A) Is routinely conducted in the EEZ on trips of 48 hours or more; and</P> <P>(B) Necessitates the separation of carapace and tail to maintain a quality product.</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">Change in application information.</E> 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.</P> <P>(d) <E T="03">Fees</E>. 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 <PRTPAGE P="188"/>each application form. The appropriate fee must accompany each application.</P> <P>(e) <E T="03">Issuance.</E> (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.</P> <P>(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.</P> <P>(f) <E T="03">Duration.</E> 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.</P> <P>(g) <E T="03">Transfer</E>. 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.</P> <P>(h) <E T="03">Display.</E> A permit issued pursuant to this section must be carried on board the vessel, and such vessel must be identified as required by § 640.6. The operator of a vessel must present the permit for inspection upon the request of an authorized officer.</P> <P>(i) <E T="03">Sanctions and denials.</E> 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.</P> <P>(j) <E T="03">Alteration.</E> A permit that is altered, erased, or mutilated is invalid.</P> <P>(k) <E T="03">Replacement.</E> 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.</P> <CITA>[57 FR 56518, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 640.5</SECTNO> <RESERVED>Recordkeeping and reporting. [Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 640.6</SECTNO> <SUBJECT>Vessel and gear identification.</SUBJECT> <P>(a) <E T="03">EEZ off Florida</E>. (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.</P> <P>(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.</P> <P>(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.</P> <P>(b) <E T="03">EEZ other than off Florida</E>. (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:<PRTPAGE P="189"/> </P> <P>(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;</P> <P>(ii) If the vessel uses spiny lobster traps in the EEZ, other than off Florida—</P> <P>(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;</P> <P>(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;</P> <P>(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;</P> <P>(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</P> <P>(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.</P> <P>(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.</P> <P>(c) <E T="03">Unmarked traps and buoys.</E> 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.</P> <CITA>[57 FR 56519, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 640.7</SECTNO> <SUBJECT>Prohibitions.</SUBJECT> <P>In addition to the general prohibitions specified in § 620.7 of this chapter, it is unlawful for any person to do any of the following:</P> <P>(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 § 640.4(a)(1).</P> <P>(b) Falsify information specified in § 640.4(b)(2) on an application for a permit.</P> <P>(c) Fail to display a permit, as specified in § 640.4(h).</P> <P>(d) Falsify or fail to display and maintain vessel and gear identification, as required by § 640.6 (a) and (b).</P> <P>(e) Possess a spiny lobster trap in the EEZ at a time not authorized, as specified in § 640.20(b)(3)(i) and (b)(3)(ii).</P> <P>(f) Possess a spiny lobster in or from the EEZ at a time not authorized, as specified in § 640.20(b)(4).</P> <P>(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 <PRTPAGE P="190"/>have been removed or stripped; as specified in § 640.21(a).</P> <P>(h) Possess or fail to return immediately to the water unharmed a spiny lobster smaller than the minimum size limits specified in § 640.21 (b)(1) and (b)(3), except as provided in § 640.21(c).</P> <P>(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 § 640.21(b)(2).</P> <P>(j) Possess an undersized spiny lobster for use as an attractant in a trap in quantities or under conditions not authorized in § 640.21(c).</P> <P>(k) Possess a separated spiny lobster tail, except as specified in § 640.21(d).</P> <P>(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 § 640.20(b) and § 640.22 (a)(1) and (a)(3).</P> <P>(m) Use or possess in the EEZ a spiny lobster trap that does not meet the requirements specified in § 640.22(b)(1).</P> <P>(n) Pull or tend a spiny lobster trap other than during daylight hours, as specified in § 640.22(b)(2).</P> <P>(o) Pull or tend another person's spiny lobster trap, except as authorized in § 640.22(b)(3).</P> <P>(p) Possess spiny lobsters in or from the EEZ in an amount exceeding the daily bag and possession limit specified in § 640.23 (a), (b)(1), or (b)(2) except as authorized in § 640.23(b)(3) and (b)(4).</P> <P>(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 § 640.23(b)(4).</P> <P>(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 § 640.23(d).</P> <P>(s) Transfer or receive at sea spiny lobster in or from the EEZ caught under the bag and possession limits, as specified in § 640.23(e).</P> <P>(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.</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 640.8</SECTNO> <SUBJECT>Facilitation of enforcement.</SUBJECT> <P>See § 620.8 of this chapter.</P> <CITA>[53 FR 24656, June 29, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 640.9</SECTNO> <SUBJECT>Penalties.</SUBJECT> <P>See § 620.9 of this chapter.</P> <CITA>[53 FR 24656, June 29, 1988]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Management Measures</HD> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>57 FR 56520, Nov. 30, 1992, unless otherwise noted.</P> </SOURCE> <SECTION> <SECTNO>§ 640.20</SECTNO> <SUBJECT>Seasons.</SUBJECT> <P>(a) <E T="03">EEZ off the southern Atlantic states, other than Florida</E>. 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.</P> <P>(b) <E T="03">EEZ off Florida and off the Gulf states, other than Florida</E>—(1) <E T="03">Commercial and recreational fishing season</E>. 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.</P> <P>(2) <E T="03">Special recreational fishing seasons</E>—(i) <E T="03">EEZ off Florida</E>. 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 § 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.<PRTPAGE P="191"/> </P> <P>(ii) <E T="03">EEZ off the Gulf states, other than Florida</E>. 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 § 640.22(a) for general prohibitions on gear and methods.)</P> <P>(3) <E T="03">Possession of traps</E>. (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.</P> <P>(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.</P> <P>(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.</P> <P>(4) <E T="03">Possession of spiny lobsters</E>. 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 § 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.</P> <P>(c) <E T="03">Primacy of seasonal restrictions in the EEZ off Florida</E>. 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.</P> <CITA>[60 FR 41831, Aug. 14, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 640.21</SECTNO> <SUBJECT>Harvest limitations.</SUBJECT> <P>(a) <E T="03">Berried lobsters.</E> 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.</P> <P>(b) <E T="03">Minimum size limits.</E> (1) Except as provided in paragraph (c) of this section—</P> <P>(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</P> <P>(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.</P> <P>(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 <PRTPAGE P="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.</P> <P>(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).</P> <P>(c) <E T="03">Undersized attractants.</E> 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 <FR>3/4</FR> 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.</P> <P>(d) <E T="03">Tail separation</E>. 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 § 640.4(a)(2) has been issued to and is on board the vessel.</P> <CITA>[57 FR 56520, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 640.22</SECTNO> <SUBJECT>Gear and diving restrictions.</SUBJECT> <P>(a) <E T="03">Prohibited gear and methods.</E> (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 <E T="03">prima facie</E> 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.</P> <P>(2) A spiny lobster may not be taken in a directed fishery by the use of a net or trawl. See § 640.23(d) for the bycatch limits applicable to a vessel that uses or has on board a net or trawl.</P> <P>(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.</P> <P>(b) <E T="03">Traps.</E> (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.</P> <P>(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.</P> <P>(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—</P> <P>(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, <PRTPAGE P="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.</P> <P>(ii) For traps in the EEZ, other than off Florida, by the Regional Director, as may be arranged upon written request.</P> <CITA>[57 FR 56520, Nov. 30, 1992, as amended at 58 FR 38980, July 21, 1993; 60 FR 41831, Aug. 14, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 640.23</SECTNO> <SUBJECT>Bag/possession limits.</SUBJECT> <P>(a) <E T="03">EEZ off the southern Atlantic states, other than Florida</E>. 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.</P> <P>(b) <E T="03">EEZ off Florida and off the Gulf states, other than Florida</E>—(1) <E T="03">Commercial and recreational fishing season</E>. Except as specified in paragraphs (b)(3) and (b)(4) of this section, during the commercial and recreational fishing season specified in § 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.</P> <P>(2) <E T="03">Special recreational fishing seasons</E>. During the special recreational fishing seasons specified in § 640.20(b)(2), the daily bag or possession limit of spiny lobster—</P> <P>(i) In or from the EEZ off the Gulf states, other than Florida, is six per person;</P> <P>(ii) In or from the EEZ off Florida other than off Monroe County, Florida, is twelve per person; and</P> <P>(iii) In or from the EEZ off Monroe County, Florida, is six per person.</P> <P>(3) <E T="03">Exemption from the bag/possession limit</E>. During the commercial and recreational fishing season specified in § 640.20(b)(1), a person is exempt from the bag and possession limit specified in paragraph (a) of this section, provided—</P> <P>(i) The harvest of spiny lobsters is by diving, or by the use of a bully net, hoop net, or spiny lobster trap; and</P> <P>(ii) The vessel from which the person is operating has on board the required licenses, certificates, or permits, as specified in § 640.4(a)(1).</P> <P>(4) <E T="03">Harvest by net or trawl</E>. During the commercial and recreational fishing season specified in § 640.20(b)(1), aboard a vessel with the required licenses, certificates, or permits specified in § 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.</P> <P>(5) <E T="03">Diving at night</E>. 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 § 640.4(a)(1) has been issued to and is on board the vessel from which the diver is operating.</P> <P>(c) <E T="03">Combination of bag/possession limits</E>. 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.</P> <P>(d) <E T="03">Responsibility for bag/possession limits</E>. 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.<PRTPAGE P="194"/> </P> <P>(e) <E T="03">Transfer at sea</E>. 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.</P> <CITA>[60 FR 41831, Aug. 14, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 640.24</SECTNO> <SUBJECT>Authorized activities.</SUBJECT> <P>The Assistant Administrator may authorize, for the acquisition of information and date, activities otherwise prohibited by the regulations in this part.</P> <CITA>[57 FR 56520, Nov. 30, 1992, as amended at 60 FR 41832, Aug. 14, 1995]</CITA> <EAR>Pt. 640, Fig. 1</EAR> <WIDE> <HD SOURCE="HD1"> <E T="14">Figures—Part</E> 640</HD> </WIDE> <GPH DEEP="167" SPAN="2"> <GID>EC03MR91.059</GID> </GPH> <CITA TYPE="W">[47 FR 29203, July 2, 1982. Redesignated at 57 FR 56518, Nov. 30, 1992]</CITA> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 644</EAR> <HD SOURCE="HED">PART 644—ATLANTIC BILLFISHES</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECHD>Sec.</SECHD> <SECTNO>644.1</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <SECTNO>644.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>644.3</SECTNO> <SUBJECT>Relation to other laws.</SUBJECT> <SECTNO>644.4</SECTNO> <SUBJECT>Permits and fees. [Reserved]</SUBJECT> <SECTNO>644.5</SECTNO> <SUBJECT>Recordkeeping and reporting.</SUBJECT> <SECTNO>644.6</SECTNO> <SUBJECT>Vessel identification. [Reserved]</SUBJECT> <SECTNO>644.7</SECTNO> <SUBJECT>Prohibitions.</SUBJECT> <SECTNO>644.8</SECTNO> <SUBJECT>Facilitation of enforcement.</SUBJECT> <SECTNO>644.9</SECTNO> <SUBJECT>Penalties.</SUBJECT> <SECTNO>644.10</SECTNO> <SUBJECT>Recordkeeping and reporting.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Management Measures</HD> <SECTNO>644.20</SECTNO> <SUBJECT>Fishing year.</SUBJECT> <SECTNO>644.21</SECTNO> <SUBJECT>Size limits.</SUBJECT> <SECTNO>644.22</SECTNO> <SUBJECT>Gear limitations.</SUBJECT> <SECTNO>644.23</SECTNO> <SUBJECT>Incidental catch restrictions.</SUBJECT> <SECTNO>644.24</SECTNO> <SUBJECT>Restrictions on sale.</SUBJECT> <SECTNO>644.25</SECTNO> <SUBJECT>Specifically authorized activities.</SUBJECT> <SECTNO>644.26</SECTNO> <SUBJECT>Catch limits.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>16 U.S.C. 1801 <E T="03">et seq.</E> </P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>53 FR 37769, Sept. 28, 1988, unless otherwise noted.</P> </SOURCE> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 644.1</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <P>(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.</P> <P>(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.</P> <CITA>[53 FR 37769, Sept. 28, 1988, as amended at 56 FR 13417, Apr. 2, 1991]</CITA> </SECTION> <SECTION> <PRTPAGE P="195"/> <SECTNO>§ 644.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>In addition to the definitions in the Magnuson Act and in § 620.2 of this chapter, the terms used in this part have the following meanings:</P> <P> <E T="03">Billfish</E> means sailfish, <E T="03">Istiophorus platypterus;</E> white marlin, <E T="03">Tetrapturus albidus;</E> blue marlin, <E T="03">Makaira nigricans,</E> and longbill spearfish, <E T="03">Tetrapturus pfluegeri.</E> </P> <P> <E T="03">Billfish tournament</E> 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.</P> <P> <E T="03">Councils</E> means the following Regional Fishery Management Councils:</P> <P>(a) South Atlantic Fishery Management Council, Southpark Building, Suite 306, 1 Southpark Circle, Charleston, SC 29407-4699;</P> <P>(b) New England Fishery Management Council, Suntaug Office Park, 5 Broadway, Saugus, MA 01906;</P> <P>(c) Mid-Atantic Fishery Management Council, Federal Building, Room 2115, 300 South New Street, Dover, DE 19901-6790;</P> <P>(d) Gulf of Mexico Fishery Management Council, 5401 W. Kennedy Boulevard, Suite 881, Tampa, FL 33609;</P> <P>(e) Caribbean Fishery Management Council, Suite 1108, Banco de Ponce Building, Hato Rey, PR 00918-2577.</P> <P> <E T="03">Dealer,</E> for the purposes of this part 644, means a person, other than the consumer, who receives fish by way of purchase, barter, or trade.</P> <P> <E T="03">Drift net,</E> 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.</P> <P> <E T="03">EEZ,</E> 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.</P> <P> <E T="03">Eye-fork length (EFL)</E> means the straight-line measurement from the eye to the fork of the caudal fin, as shown in figure 1.</P> <GPH DEEP="189" SPAN="2"> <GID>EC03MR91.060</GID> </GPH> <P> <E T="03">Lower jaw-fork length (LJFL)</E> means the straight-line measurement from the tip of the lower jaw to the fork of the caudal fin, as shown in figure 1.</P> <P> <E T="03">Management unit</E> means—</P> <P>(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<E T="61">°</E> N. latitude;<PRTPAGE P="196"/> </P> <P>(b) For sailfish, the waters of the North and South Atlantic Oceans (including the Gulf of Mexico and the Caribbean Sea) west of 30<E T="61">°</E> W. longitude; and</P> <P>(c) For longbill spearfish, the waters of the entire North and South Atlantic Oceans (including the Gulf of Mexico and the Caribbean Sea).</P> <P> <E T="03">Pelagic longline</E> 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.</P> <P> <E T="03">Regional Director</E> means the Director, Southeast Region, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702; telephone 813-570-5301, or a designee.</P> <P> <E T="03">Related species</E> means black marlin, <E T="03">Makaira indica;</E> striped marlin, <E T="03">Tetrapturus audax;</E> or shortbill spearfish, <E T="03">Tetrapturus angustirostris.</E> </P> <P> <E T="03">Rod and reel</E> means a hand-held (includes rod holder) fishing rod with a manually or electrically operated reel attached.</P> <P> <E T="03">Science and Research Director</E> means the Science and Research Director, Southeast Fisheries Center, NMFS, 75 Virginia Beach Drive, Miami, FL 33149, telephone 305-361-5761, or a designee.</P> <P> <E T="03">Total length (TL)</E> 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.</P> <CITA>[53 FR 37769, Sept. 28, 1988, as amended at 56 FR 13417, Apr. 2, 1991; 60 FR 35341, July 7, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 644.3</SECTNO> <SUBJECT>Relation to other laws.</SUBJECT> <P>(a) The relation of this part to other laws is set forth in § 620.3 of this chapter and paragraph (b) of this section.</P> <P>(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 §§ 611.60 and 611.61.</P> </SECTION> <SECTION> <SECTNO>§ 644.4</SECTNO> <RESERVED>Permits and fees. [Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 644.5</SECTNO> <SUBJECT>Recordkeeping and reporting.</SUBJECT> <P>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.</P> <P>(a) The following information must be included on each form:</P> <P>(1) Tournament name;</P> <P>(2) Recorder's name and telephone number;</P> <P>(3) Date for which the information is recorded;</P> <P>(4) Hours fished (time from first line in the water to last line out of the water);</P> <P>(5) Name of each vessel fishing that day;</P> <P>(6) For each vessel listed, the species of each billfish boated or released;</P> <P>(7) The weight and length of each billfish brought ashore;</P> <P>(8) The name, address, and signature of the tournament director; and</P> <P>(9) The date signed.</P> <P>(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:</P> <P>(1) Prevailing weather conditions on the day reported, such as wind speed and direction, and sea height and direction; and</P> <P>(2) Whether a tag was attached before the billfish was released.</P> <APPRO>(Approved by the Office of Management and Budget under control number 0648-0031)</APPRO> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 63 FR 14033, Mar. 24, 1998, § 644.5 was suspended, effective Mar. 27, 1998, through Sept. 23, 1998. At 63 FR 51859, Sept. 29, 1998, the suspension of § 644.5 was extended through Mar. 19, 1999.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 644.6</SECTNO> <RESERVED>Vessel identification. [Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 644.7</SECTNO> <SUBJECT>Prohibitions.</SUBJECT> <P>In addition to the general prohibitions specified in § 620.7 of this chapter, it is unlawful for any person to do any of the following:</P> <P>(a) Falsify or fail to report information required to be submitted, as specified in § 644.5.<PRTPAGE P="197"/> </P> <P>(b) Possess a billfish less than the minimum size limit specified in § 644.21(a).</P> <P>(c) Fail to release a billfish in the manner specified in § 644.21(b) or § 644.23.</P> <P>(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 § 644.21(c).</P> <P>(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 § 644.22.</P> <P>(f) Purchase, barter, trade, sell, or offer for sale a billfish harvested from its management unit, as specified in § 644.24(a).</P> <P>(g) Falsify information submitted in accordance with § 644.24(b).</P> <P>(h) As a dealer or seafood processor, possess a billfish or related species without the documentation specified in § 644.24(b), or with incomplete or falsified documentation.</P> <P>(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. </P> <EXTRACT> <FP>(Information collection requirements in paragraph (g) were approved by the Office of Management and Budget under control number 0648-0216)</FP> </EXTRACT> <CITA>[53 FR 37769, Sept. 28, 1988, as amended at 54 FR 14239, Apr. 10, 1989; 56 FR 13417, Apr. 2, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 644.8</SECTNO> <SUBJECT>Facilitation of enforcement.</SUBJECT> <P>See § 620.8 of this chapter.</P> </SECTION> <SECTION> <SECTNO>§ 644.9</SECTNO> <SUBJECT>Penalties.</SUBJECT> <P>See § 620.9 of this chapter.</P> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 63 FR 14033, Mar. 24, 1998, § 644.10 was added, effective Mar. 27, 1998, through Sept. 23, 1998. At 63 FR 51859, Sept. 29, 1998, the effectiveness of § 644.10 was extended through Mar. 19, 1999.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 644.10</SECTNO> <SUBJECT>Recordkeeping and reporting.</SUBJECT> <P>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.</P> <P>(a) The following information must be included on each form:</P> <P>(1) Tournament name.</P> <P>(2) Recorder's name and telephone number.</P> <P>(3) Date for which the information is recorded.</P> <P>(4) Hours fished (time from first line in the water to last line out of the water).</P> <P>(5) Name of each vessel fishing that day.</P> <P>(6) For each vessel listed, the species of each billfish boated or released.</P> <P>(7) The weight and length of each billfish brought ashore.</P> <P>(8) The name, address, and signature of the tournament director.</P> <P>(9) The date signed.</P> <P>(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:</P> <P>(1) Prevailing weather conditions on the day reported, such as wind speed and direction, and sea height and direction.</P> <P>(2) Whether a tag was attached before the billfish was released.</P> <CITA>[63 FR 14033, Mar. 24, 1998]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Management Measures</HD> <SECTION> <SECTNO>§ 644.20</SECTNO> <SUBJECT>Fishing year.</SUBJECT> <P>The fishing year is January 1 through December 31.</P> </SECTION> <SECTION> <SECTNO>§ 644.21</SECTNO> <SUBJECT>Size limits.</SUBJECT> <P>(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:<PRTPAGE P="198"/> </P> <P>(1) Blue marlin—86 in.</P> <P>(2) White marlin—62 in.</P> <P>(3) Sailfish—57 in.</P> <P>(4) Longbill spearfish—no minimum size.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <GPOTABLE CDEF="s25,7,7,7,7" COLS="5" OPTS="L2,i1"> <BOXHD> <CHED H="1"/> <CHED H="1">Eye-fork length (in.)</CHED> <CHED H="1">Lower jaw-fork length (in.)</CHED> <CHED H="1">Total length (in.)</CHED> <CHED H="1">Whole, live wt. (lbs.)</CHED> </BOXHD> <ROW> <ENT I="01">Blue marlin </ENT> <ENT>75 </ENT> <ENT>86 </ENT> <ENT>110 </ENT> <ENT>200</ENT> </ROW> <ROW> <ENT I="01">White marlin </ENT> <ENT>53 </ENT> <ENT>62 </ENT> <ENT>81 </ENT> <ENT>50</ENT> </ROW> <ROW> <ENT I="01">Sailfish </ENT> <ENT>49 </ENT> <ENT>57 </ENT> <ENT>76 </ENT> <ENT>30</ENT> </ROW> </GPOTABLE> <CITA>[53 FR 37769, Sept. 28, 1988, as amended at 56 FR 13417, Apr. 2, 1991]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Notes:</HD> <P>At 63 FR 14034, Mar. 24, 1998, § 644.21 was amended by suspending paragraphs (a) and (d) and adding paragraph (e) effective Mar. 27, 1998, through Sept. 23, 1998.</P> <P>2. At 63 FR 51859, Sept. 29, 1998, § 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, § 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:</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 644.21</SECTNO> <SUBJECT>Size limits.</SUBJECT> <STARS/> <P>(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: </P> <FP SOURCE="FP-2">(1) Blue marlin—96 inches (244 cm)</FP> <FP SOURCE="FP-2">(2) White marlin—66 inches (168 cm)</FP> <FP SOURCE="FP-2">(3) Sailfish—57 inches (145 cm)</FP> <P>(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:</P> <P>(1) Blue marlin-99 inches (251 cm)</P> <P>(2) White marlin-66 inches (168 cm)</P> <P>(3) Sailfish-57 inches (145 cm)</P> </SECTION> <SECTION> <SECTNO>§ 644.22</SECTNO> <SUBJECT>Gear limitations.</SUBJECT> <P>(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.</P> <P>(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.</P> </SECTION> <SECTION> <SECTNO>§ 644.23</SECTNO> <SUBJECT>Incidental catch restrictions.</SUBJECT> <P>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.</P> </SECTION> <SECTION> <SECTNO>§ 644.24</SECTNO> <SUBJECT>Restrictons on sale.</SUBJECT> <P>(a) A billfish harvested from its management unit may not be purchased, bartered, traded, sold, or offered for sale in any state.</P> <P>(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 <PRTPAGE P="199"/>of Mexico and the Caribbean Sea). Such documentation must contain:</P> <P>(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.</P> <P>(2) The name and home port of the vessel harvesting the billfish or related species;</P> <P>(3) The port and date of offloading from the vessel harvesting the billfish or related species; and</P> <P>(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).</P> <CITA>[56 FR 13418, Apr. 2, 1991]</CITA> </SECTION> <SECTION> <SECTNO>§ 644.25</SECTNO> <SUBJECT>Specifically authorized activities.</SUBJECT> <P>The Secretary may authorize, for the acquisition of information and data, activities otherwise prohibited by these regulations.</P> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P>At 63 FR 51862, Sept. 29, 1998, § 644.26 was added, effective September 24, 1998, through March 19, 1999.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 644.26</SECTNO> <SUBJECT>Catch Limits.</SUBJECT> <P>(a) Only one Atlantic marlin (either a blue marlin or a white marlin) may be possessed or landed per vessel per trip.</P> <P>(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 <E T="04">Federal Register</E> of any adjustment in the allowable catch limit per trip under this paragraph.</P> <CITA>[63 FR 51862, Sept. 29, 1998]</CITA> </SECTION> </SUBPART> </PART> <PART> <EAR>Pt. 648</EAR> <HD SOURCE="HED">PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECHD>Sec.</SECHD> <SECTNO>648.1</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <SECTNO>648.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <SECTNO>648.3</SECTNO> <SUBJECT>Relation to other laws.</SUBJECT> <SECTNO>648.4</SECTNO> <SUBJECT>Vessel and individual commercial permits.</SUBJECT> <SECTNO>648.5</SECTNO> <SUBJECT>Operator permits.</SUBJECT> <SECTNO>648.6</SECTNO> <SUBJECT>Dealer/processor permits.</SUBJECT> <SECTNO>648.7</SECTNO> <SUBJECT>Recordkeeping and reporting requirements.</SUBJECT> <SECTNO>648.8</SECTNO> <SUBJECT>Vessel identification.</SUBJECT> <SECTNO>648.9</SECTNO> <SUBJECT>VTS requirements.</SUBJECT> <SECTNO>648.10</SECTNO> <SUBJECT>DAS notification requirements.</SUBJECT> <SECTNO>648.11</SECTNO> <SUBJECT>At-sea sea sampler/observer coverage.</SUBJECT> <SECTNO>648.12</SECTNO> <SUBJECT>Experimental fishing.</SUBJECT> <SECTNO>648.13</SECTNO> <SUBJECT>Transfers at sea.</SUBJECT> <SECTNO>648.14</SECTNO> <SUBJECT>Prohibitions.</SUBJECT> <SECTNO>648.15</SECTNO> <SUBJECT>Facilitation of enforcement.</SUBJECT> <SECTNO>648.16</SECTNO> <SUBJECT>Penalties.</SUBJECT> <SECTNO>648.17</SECTNO> <SUBJECT>Exemptions for vessels fishing in the NAFO Regulatory Area for Multispecies vessels.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart B—Management Measures for the Atlantic Mackerel, Squid, and Butterfish Fisheries</HD> <SECTNO>648.20</SECTNO> <SUBJECT>Maximum optimum yield (OYs).</SUBJECT> <SECTNO>648.21</SECTNO> <SUBJECT>Procedures for determining initial annual amounts.</SUBJECT> <SECTNO>648.22</SECTNO> <SUBJECT>Closure of the fishery.</SUBJECT> <SECTNO>648.23</SECTNO> <SUBJECT>Gear restrictions.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart C—Management Measures for Atlantic Salmon</HD> <SECTNO>648.40</SECTNO> <SUBJECT>Prohibition on possession.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart D— Management Measures for the Atlantic Sea Scallop Fishery</HD> <SECTNO>648.50</SECTNO> <SUBJECT>Shell-height standard.</SUBJECT> <SECTNO>648.51</SECTNO> <SUBJECT>Gear and crew restrictions.</SUBJECT> <SECTNO>648.52</SECTNO> <SUBJECT>Possession limits.</SUBJECT> <SECTNO>648.53</SECTNO> <SUBJECT>DAS allocations.</SUBJECT> <SECTNO>648.54</SECTNO> <SUBJECT>State waters exemption.</SUBJECT> <SECTNO>648.55</SECTNO> <SUBJECT>Framework specifications.</SUBJECT> <SECTNO>648.56</SECTNO> <SUBJECT>Scallop research project.</SUBJECT> <SECTNO>648.57</SECTNO> <SUBJECT>Closed areas.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart E—Management Measures for the Atlantic Surf Clam and Ocean Quahog Fisheries</HD> <SECTNO>648.70</SECTNO> <SUBJECT>Annual individual allocations.</SUBJECT> <SECTNO>648.71</SECTNO> <SUBJECT>Catch quotas.</SUBJECT> <SECTNO>648.72</SECTNO> <SUBJECT>Minimum surf clam size.</SUBJECT> <SECTNO>648.73</SECTNO> <SUBJECT>Closed areas.</SUBJECT> <SECTNO>648.74</SECTNO> <SUBJECT>Shucking at sea.</SUBJECT> <SECTNO>648.75</SECTNO> <SUBJECT>Cage identification.</SUBJECT> <SECTNO>648.76</SECTNO> <SUBJECT>Maine mahogany quahog zone.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart F—Management Measures for the NE Multispecies Fishery</HD> <SECTNO>648.80</SECTNO> <SUBJECT>Regulated mesh areas and restrictions on gear and methods of fishing.</SUBJECT> <SECTNO>648.81</SECTNO> <SUBJECT>Closed areas.<PRTPAGE P="200"/> </SUBJECT> <SECTNO>648.82</SECTNO> <SUBJECT>Effort-control program for limited access vessels.</SUBJECT> <SECTNO>648.83</SECTNO> <SUBJECT>Minimum fish sizes.</SUBJECT> <SECTNO>648.84</SECTNO> <SUBJECT>Gear-marking requirements and gear restrictions.</SUBJECT> <SECTNO>648.85</SECTNO> <SUBJECT>Flexible Area Action System.</SUBJECT> <SECTNO>648.86</SECTNO> <SUBJECT>Possession restrictions.</SUBJECT> <SECTNO>648.87</SECTNO> <SUBJECT>Gillnet requirements to reduce or prevent marine mammal takes.</SUBJECT> <SECTNO>648.88</SECTNO> <SUBJECT>Open access permit restrictions.</SUBJECT> <SECTNO>648.89</SECTNO> <SUBJECT>Recreational and charter/party restrictions.</SUBJECT> <SECTNO>648.90</SECTNO> <SUBJECT>Framework specifications.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart G—Management Measures for the Summer Flounder Fishery</HD> <SECTNO>648.100</SECTNO> <SUBJECT>Catch quotas and other restrictions.</SUBJECT> <SECTNO>648.101</SECTNO> <SUBJECT>Closures.</SUBJECT> <SECTNO>648.102</SECTNO> <SUBJECT>Time restrictions.</SUBJECT> <SECTNO>648.103</SECTNO> <SUBJECT>Minimum fish sizes.</SUBJECT> <SECTNO>648.104</SECTNO> <SUBJECT>Gear restrictions.</SUBJECT> <SECTNO>648.105</SECTNO> <SUBJECT>Possession restrictions.</SUBJECT> <SECTNO>648.106</SECTNO> <SUBJECT>Sea turtle conservation.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart H—Management Measures for the Scup Fishery</HD> <SECTNO>648.120</SECTNO> <SUBJECT>Catch quotas and other restrictions.</SUBJECT> <SECTNO>648.121</SECTNO> <SUBJECT>Closures.</SUBJECT> <SECTNO>648.122</SECTNO> <SUBJECT>Season and area restrictions.</SUBJECT> <SECTNO>648.123</SECTNO> <SUBJECT>Gear restrictions.</SUBJECT> <SECTNO>648.124</SECTNO> <SUBJECT>Minimum fish sizes.</SUBJECT> <SECTNO>648.125</SECTNO> <SUBJECT>Possession limit.</SUBJECT> <SECTNO>648.126</SECTNO> <SUBJECT>Protection of threatened and endangered sea turtles.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart I—Management Measures for the Black Sea Bass Fishery</HD> <SECTNO>648.140</SECTNO> <SUBJECT>Catch quotas and other restrictions.</SUBJECT> <SECTNO>648.141</SECTNO> <SUBJECT>Closure.</SUBJECT> <SECTNO>648.142</SECTNO> <SUBJECT>Time restrictions.</SUBJECT> <SECTNO>648.143</SECTNO> <SUBJECT>Minimum sizes.</SUBJECT> <SECTNO>648.144</SECTNO> <SUBJECT>Gear restrictions.</SUBJECT> <SECTNO>648.145</SECTNO> <SUBJECT>Possession limit.</SUBJECT> <SECTNO>648.146</SECTNO> <SUBJECT>Special management zones.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart J—Management Measures for the Atlantic Bluefish Fishery</HD> <SECTNO>648.160</SECTNO> <SUBJECT>Fishing year.</SUBJECT> <SECTNO>648.161</SECTNO> <SUBJECT>Possession limit.</SUBJECT> <SECTNO>648.162</SECTNO> <SUBJECT>Catch monitoring, commercial controls, and gear restrictions.</SUBJECT> <SECTNO>648.163</SECTNO> <SUBJECT>Closure of the fishery.</SUBJECT> </SUBPART> </CONTENTS> <AUTH> <HD SOURCE="HED">Authority:</HD> <P>16 U.S.C. 1801 <E T="03">et seq.</E> </P> </AUTH> <SOURCE> <HD SOURCE="HED">Source:</HD> <P>61 FR 34968, July 3, 1996, unless otherwise noted.</P> </SOURCE> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>Nomenclature changes for part 648 appear at 62 FR 14651, Mar. 27, 1997.</P> </EDNOTE> <SUBPART> <HD SOURCE="HED">Subpart A—General Provisions</HD> <SECTION> <SECTNO>§ 648.1</SECTNO> <SUBJECT>Purpose and scope.</SUBJECT> <P>(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.</P> <P>(b) This part governs domestic fishing only. Foreign fishing is governed under subpart F of part 600 of this chapter.</P> <CITA>[61 FR 34968, July 3, 1996, as amended at 61 FR 43424, Aug. 23, 1996; 62 FR 13299, Mar. 20, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 648.2</SECTNO> <SUBJECT>Definitions.</SUBJECT> <P>In addition to the definitions in the Magnuson Act and in § 600.10 of this chapter, the terms used in this part have the following meanings:</P> <P> <E T="03">Alewife</E> means <E T="03">Alosa pseudoharengus.</E> </P> <P> <E T="03">American lobster</E> or <E T="03">lobster</E> means <E T="03">Homarus americanus.</E> </P> <P> <E T="03">American shad</E> means <E T="03">Alosa sapidissima.</E> </P> <P> <E T="03">Atlantic butterfish</E> or <E T="03">butterfish</E> means <E T="03">Peprilus triacanthus.</E> </P> <P> <E T="03">Atlantic croaker</E> means <E T="03">Micropogonias undulatus.</E> </P> <P> <E T="03">Atlantic mackerel</E> or <E T="03">mackerel</E> means <E T="03">Scomber scombrus.</E> </P> <P> <E T="03">Atlantic Mackerel, Squid, and Butterfish Monitoring Committee</E> 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.</P> <P> <E T="03">Atlantic salmon</E> means <E T="03">Salmo salar.</E> <PRTPAGE P="201"/> </P> <P> <E T="03">Atlantic sea scallop</E> or <E T="03">scallop</E> means <E T="03">Placopecten magellanicus,</E> throughout its range.</P> <P> <E T="03">Beam trawl</E> 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.</P> <P> <E T="03">Black sea bass</E> means <E T="03">Centropristis striata.</E> </P> <P> <E T="03">Black Sea Bass Monitoring Committee</E> 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.</P> <P> <E T="03">Black sea bass pot or black sea bass trap</E> means any such gear used in catching and retaining black sea bass.</P>