[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2001 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



                    50


          Part 600 to End

          Revised as of October 1, 2001

          Wildlife and Fisheries





          Containing a codification of documents of general 
          applicability and future effect
          As of October 1, 2001
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2001



  For sale by the Superintendent of Documents, U.S. Government Printing 
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      Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001



[[Page iii]]




                            Table of Contents



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

  Title 50:
          Chapter VI--Fishery Conservation and Management, 
          National Oceanic and Atmospheric Administration, 
          Department of Commerce                                     3
  Finding Aids:
      Material Approved for Incorporation by Reference........     835
      Table of CFR Titles and Chapters........................     837
      Alphabetical List of Agencies Appearing in the CFR......     855
      List of CFR Sections Affected...........................     865



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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 2001), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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

OMB CONTROL NUMBERS

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

[[Page vi]]

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

OBSOLETE PROVISIONS

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

INCORPORATION BY REFERENCE

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

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). 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.

[[Page vii]]


REPUBLICATION OF MATERIAL

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

INQUIRIES

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

SALES

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

    The full text of the Code of Federal Regulations, The United States 
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Phone 202-512-1530, or 888-293-6498 (toll-free). E-mail, 
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    The Office of the Federal Register also offers a free service on the 
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site for public law numbers, Federal Register finding aids, and related 
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site also contains links to GPO Access.

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

October 1, 2001.



[[Page ix]]



                               THIS TITLE

    Title 50--Fish and Wildlife is composed of three volumes. The parts 
in these volumes are arranged in the following order: Parts 1-199, parts 
200-599 and part 600 to end. The first volume (parts 1-199) contains the 
current regulations issued under chapter I--United States Fish and 
Wildlife Service, Department of the Interior. The second volume (parts 
200-599) contains the current regulations issued under chapter II--
National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce; chapter III--International 
Fishing and Related Activities, chapter IV--Joint Regulations (United 
States Fish and Wildlife Service, Department of the Interior and 
National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce); Endangered Species Committee 
regulations; and chapter V--Marine Mammal Commission. The third volume 
(part 600 to end) contains the current regulations issued under chapter 
VI--Fishery Conservation and Management, National Oceanic and 
Atmospheric Administration, Department of Commerce. The contents of 
these volumes represent all current regulations codified under this 
title of the CFR as of October 1, 2001.

    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.

[[Page x]]





[[Page 1]]



                    TITLE 50--WILDLIFE AND FISHERIES




                  (This book contains part 600 to end)

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

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

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

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

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

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

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

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

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

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

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

[[Page 3]]



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



                         DEPARTMENT OF COMMERCE




  --------------------------------------------------------------------
Part                                                                Page
600             Magnuson-Stevens Act provisions.............           5
622             Fisheries of the Caribbean, Gulf, and South 
                    Atlantic................................         130
635             Atlantic highly migratory species...........         207
640             Spiny lobster fishery of the Gulf of Mexico 
                    and South Atlantic......................         254
644             [Reserved]

648             Fisheries of the Northeastern United States.         264
654             Stone crab fishery of the Gulf of Mexico....         432
660             Fisheries off West coast states and in the 
                    Western Pacific.........................         442
679             Fisheries of the Exclusive Economic Zone off 
                    Alaska..................................         537
697             Atlantic coastal fisheries cooperative 
                    management..............................         805

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




                           Subpart A--General

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

             Subpart B--Regional Fishery Management Councils

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

                      Subpart C--Council Membership

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

                      Subpart D--National Standards

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

                Subpart E--Confidentiality of Statistics

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

                       Subpart F--Foreign Fishing

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

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

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

          Subpart H--General Provisions for Domestic Fisheries

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

                  Subpart I--Fishery Negotiation Panels

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

[[Page 6]]

600.760  Fishery Negotiation Panel lifetime.

                 Subpart J--Essential Fish Habitat (EFH)

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

     Subpart K--EFH Coordination, Consultation, and Recommendations

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

                  Subpart L--Fishing Capacity Reduction

600.1000  Definitions.
600.1001  Requests.
600.1002  General requirements.
600.1003  Content of a request for a financed program.
600.1004  Accepting a request for, and determinations about initiating, 
          a financed program.
600.1005  Content of a request for a subsidized program.
600.1006  Accepting a request for, and determinations about conducting, 
          a subsidized program.
600.1007  Reduction amendments.
600.1008  Implementation plan and implementation regulations.
600.1009  Bids.
600.1010  Referenda.
600.1011  Reduction methods and other conditions.
600.1012  Reduction loan.
600.1013  Fee payment and collection.
600.1014  Fee collection deposits, disbursements, records, and reports.
600.1015  Late charges.
600.1016  Enforcement.
600.1017  Prohibitions and penalties.
600.1018  Implementation regulations for each program. [Reserved]

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

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



                           Subpart A--General



Sec. 600.5  Purpose and scope.

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

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 65 
FR 31443, May 18, 2000]



Sec. 600.10  Definitions.

    Unless defined otherwise in other parts of Chapter VI, the terms in 
this chapter have the following meanings:
    Administrator means the Administrator of NOAA (Under Secretary of 
Commerce for Oceans and Atmosphere) or a designee.
    Advisory group means a Scientific and Statistical Committee (SSC), 
Fishing Industry Advisory Committee (FIAC), or Advisory Panel (AP) 
established by a Council under the Magnuson-Stevens Act.
    Agent, for the purpose of foreign fishing (subpart F), means a 
person appointed and maintained within the United States who is 
authorized to receive and respond to any legal process issued in the 
United States to an owner and/or operator of a vessel operating under a 
permit and of any other vessel of that Nation fishing subject to the 
jurisdiction of the United States. Any diplomatic official accepting 
such an appointment as designated agent waives diplomatic or other 
immunity in connection with such process.
    Aggregate or summary form means confidential data structured in such 
a way that the identity of the submitter cannot be determined either 
from the present release of the data or in combination with other 
releases.
    Albacore means the species Thunnus alalunga, or a part thereof.

[[Page 7]]

    Allocated species means any species or species group allocated to a 
foreign nation under Sec. 600.517 for catching by vessels of that 
Nation.
    Allocation means direct and deliberate distribution of the 
opportunity to participate in a fishery among identifiable, discrete 
user groups or individuals.
    Allowable chemical means a substance, generally used to immobilize 
marine life so it can be captured alive, that, when introduced into the 
water, does not take Gulf and South Atlantic prohibited coral (as 
defined at 50 CFR 622.2) and is allowed by Florida or Hawaii or the U.S. 
Pacific Insular Area for the harvest of tropical fish.
    Anadromous species means species of fish that spawn in fresh or 
estuarine waters of the United States and that migrate to ocean waters.
    Angling means fishing for, attempting to fish for, catching or 
attempting to catch fish by any person (angler) with a hook attached to 
a line that is hand-held or by rod and reel made for this purpose.
    Area of custody means any vessel, building, vehicle, live car, 
pound, pier or dock facility where fish might be found.
    Assistant Administrator means the Assistant Administrator for 
Fisheries, NOAA, or a designee.
    Atlantic tunas means bluefin, albacore, bigeye, skipjack, and 
yellowfin tunas found in the Atlantic Ocean.
    Atlantic Tunas Convention Act means the Atlantic Tunas Convention 
Act of 1975, 16 U.S.C. 971-971h.
    Authorized officer means:
    (1) Any commissioned, warrant, or petty officer of the USCG;
    (2) Any special agent or fishery enforcement officer of NMFS;
    (3) Any officer designated by the head of any Federal or state 
agency that has entered into an agreement with the Secretary and the 
Commandant of the USCG to enforce the provisions of the Magnuson-Stevens 
Act or any other statute administered by NOAA; or
    (4) Any USCG personnel accompanying and acting under the direction 
of any person described in paragraph (1) of this definition.
    Authorized species means any species or species group that a foreign 
vessel is authorized to retain in a joint venture by a permit issued 
under Activity Code 4 as described by Sec. 600.501(c).
    Bandit gear means vertical hook and line gear with rods that are 
attached to the vessel when in use. Lines are retrieved by manual, 
electric, or hydraulic reels.
    Barrier net means a small-mesh net used to capture coral reef or 
coastal pelagic fishes.
    Bigeye tuna means the species Thunnus obesus, or a part thereof.
    Billfish means blue marlin, longbill spearfish, sailfish, or white 
marlin.
    Bluefin tuna means the species Thunnus thynnus, or a part thereof.
    Blue marlin means the species Makaira nigricans, or a part thereof.
    Bully net means a circular frame attached at right angles to a pole 
and supporting a conical bag of webbing.
    Buoy gear means fishing gear consisting of a float and one or more 
lines suspended therefrom. A hook or hooks 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.
    Carcass means a fish in whole condition or that portion of a fish 
that has been gilled and/or gutted and the head and some or all fins 
have been removed, but that is otherwise in whole condition.
    Cast net means a circular net with weights attached to the 
perimeter.
    Catch limit means the total allowable harvest or take from a single 
fishing trip or day, as defined in this section.
    Catch, take, or harvest includes, but is not limited to, any 
activity that results in killing any fish or bringing any live fish on 
board a vessel.
    Center means one of the five NMFS Fisheries Science Centers.
    Charter boat means a vessel less than 100 gross tons (90.8 mt) that 
meets the requirements of the U.S. Coast Guard to carry six or fewer 
passengers for hire.
    Coast Guard Commander means one of the commanding officers of the 
Coast Guard units specified in Table 1 of Sec. 600.502, or a designee.
    Codend means the terminal, closed end of a trawl net.
    Confidential statistics are those submitted as a requirement of an 
FMP and

[[Page 8]]

that reveal the business or identity of the submitter.
    Continental shelf fishery resources means the species listed under 
section 3(7) of the Magnuson-Stevens Act.
    Council means one of the eight Regional Fishery Management Councils 
established by the Magnuson-Stevens Act.
    Data, statistics, and information are used interchangeably.
    Dealer means the person who first receives fish by way of purchase, 
barter, or trade.
    Designated representative means the person appointed by a foreign 
nation and maintained within the United States who is responsible for 
transmitting information to and submitting reports from vessels of that 
Nation and establishing observer transfer arrangements for vessels in 
both directed and joint venture activities.
    Dip net means a small mesh bag, sometimes attached to a handle, 
shaped and framed in various ways. It is operated by hand or partially 
by mechanical power to capture the fish.
    Directed fishing, for the purpose of foreign fishing (subpart F), 
means any fishing by the vessels of a foreign nation for allocations of 
fish granted that Nation under Sec. 600.517.
    Director means the Director of the Office of Sustainable Fisheries, 
1315 East-West Highway, Silver Spring, MD 20910.
    Discard means to release or return fish to the sea, whether or not 
such fish are brought fully on board a fishing vessel.
    Dredge means a gear consisting of a mouth frame attached to a 
holding bag constructed of metal rings or mesh.
    Drop net means a small, usually circular net with weight around the 
perimeter and a float in the center.
    Essential fish habitat (EFH) means those waters and substrate 
necessary to fish for spawning, breeding, feeding, or growth to 
maturity. For the purpose of interpreting the definition of essential 
fish habitat: Waters include aquatic areas and their associated 
physical, chemical, and biological properties that are used by fish and 
may include aquatic areas historically used by fish where appropriate; 
substrate includes sediment, hard bottom, structures underlying the 
waters, and associated biological communities; necessary means the 
habitat required to support a sustainable fishery and the managed 
species' contribution to a healthy ecosystem; and ``spawning, breeding, 
feeding, or growth to maturity'' covers a species' full life cycle.
    Exclusive economic zone (EEZ) means the zone established by 
Presidential Proclamation 5030, 3 CFR part 22, dated March 10, 1983, and 
is that area adjacent to the United States which, except where modified 
to accommodate international boundaries, encompasses all waters from the 
seaward boundary of each of the coastal states to a line on which each 
point is 200 nautical miles (370.40 km) from the baseline from which the 
territorial sea of the United States is measured.
    Exempted educational activity means an activity, conducted by an 
educational institution accredited by a recognized national or 
international accreditation body, of limited scope and duration, that is 
otherwise prohibited by part 285 or chapter VI of this title, but that 
is authorized by the appropriate Director or Regional Administrator for 
educational purposes.
    Exempted or experimental fishing means fishing from a vessel of the 
United States that involves activities otherwise prohibited by part 285 
or chapter VI of this title, but that are authorized under an exempted 
fishing permit (EFP). These regulations refer exclusively to exempted 
fishing. References in part 285 of this title and elsewhere in this 
chapter to experimental fishing mean exempted fishing under this part.
    Fillet means to remove slices of fish flesh from the carcass by cuts 
made parallel to the backbone.
    Fish means:
    (1) When used as a noun, means any finfish, mollusk, crustacean, or 
parts thereof, and all other forms of marine animal and plant life other 
than marine mammals and birds.
    (2) When used as a verb, means to engage in ``fishing,'' as defined 
below.
    Fishery means:
    (1) One or more stocks of fish that can be treated as a unit for 
purposes of conservation and management and

[[Page 9]]

that are identified on the basis of geographic, scientific, technical, 
recreational, or economic characteristics, or method of catch; or
    (2) Any fishing for such stocks.
    Fishery management unit (FMU) means a fishery or that portion of a 
fishery identified in an FMP relevant to the FMP's management 
objectives. The choice of an FMU depends on the focus of the FMP's 
objectives, and may be organized around biological, geographic, 
economic, technical, social, or ecological perspectives.
    Fishery resource means any fish, any stock of fish, any species of 
fish, and any habitat of fish.
    Fishing, or to fish means any activity, other than scientific 
research conducted by a scientific research vessel, that involves:
    (1) The catching, taking, or harvesting of fish;
    (2) The attempted catching, taking, or harvesting of fish;
    (3) Any other activity that can reasonably be expected to result in 
the catching, taking, or harvesting of fish; or
    (4) Any operations at sea in support of, or in preparation for, any 
activity described in paragraphs (1), (2), or (3) of this definition.
    Fishing vessel means any vessel, boat, ship, or other craft that is 
used for, equipped to be used for, or of a type that is normally used 
for:
    (1) Fishing; or
    (2) Aiding or assisting one or more vessels at sea in the 
performance of any activity relating to fishing, including, but not 
limited to, preparation, supply, storage, refrigeration, transportation, 
or processing.
    Fish weir means a large catching arrangement with a collecting 
chamber that is made of non-textile material (wood, wicker) instead of 
netting as in a pound net.
    Foreign fishing means fishing by a foreign fishing vessel.
    Foreign fishing vessel (FFV) means any fishing vessel other than a 
vessel of the United States, except those foreign vessels engaged in 
recreational fishing, as defined in this section.
    Gear conflict means any incident at sea involving one or more 
fishing vessels:
    (1) In which one fishing vessel or its gear comes into contact with 
another vessel or the gear of another vessel; and
    (2) That results in the loss of, or damage to, a fishing vessel, 
fishing gear, or catch.
    Gillnet means a panel of netting, suspended vertically in the water 
by floats along the top and weights along the bottom, to entangle fish 
that attempt to pass through it.
    Governing International Fishery Agreement (GIFA) means an agreement 
between the United States and a foreign nation or Nations under section 
201(c) of the Magnuson-Stevens Act.
    Grants Officer means the NOAA official authorized to sign, on behalf 
of the Government, the cooperative agreement providing funds to support 
the Council's operations and functions.
    Greenwich mean time (GMT) means the local mean time at Greenwich, 
England. All times in this part are GMT unless otherwise specified.
    Handgear means handline, harpoon, or rod and reel.
    Hand harvest means harvesting by hand.
    Handline means fishing gear that is set and pulled by hand and 
consists of one vertical line to which may be attached leader lines with 
hooks.
    Harass means to unreasonably interfere with an individual's work 
performance, or to engage in conduct that creates an intimidating, 
hostile, or offensive environment.
    Harpoon or harpoon gear means fishing gear consisting of a pointed 
dart or iron attached to the end of a line several hundred feet in 
length, the other end of which is attached to a floatation device. 
Harpoon gear is attached to a pole or stick that is propelled only by 
hand, and not by mechanical means.
    Headboat means a vessel that holds a valid Certificate of Inspection 
issued by the U.S. Coast Guard to carry passengers for hire.
    Hook and line means one or more hooks attached to one or more lines 
(can include a troll).
    Hoop net means a cone-shaped or flat net which may or may not have 
throats and flues stretched over a series of rings or hoops for support.

[[Page 10]]

    Industry means both recreational and commercial fishing, and 
includes the harvesting, processing, and marketing sectors.
    International radio call sign (IRCS) means the unique radio 
identifier assigned a vessel by the appropriate authority of the flag 
state.
    Joint venture means any operation by a foreign vessel assisting 
fishing by U.S. fishing vessels, including catching, scouting, 
processing and/or support. (A joint venture generally entails a foreign 
vessel processing fish received from U.S. fishing vessels and conducting 
associated support activities.)
    Lampara net means a surround net with the sections of netting made 
and joined to create bagging. It is hauled with purse rings and is 
generally much smaller in size than a purse seine net.
    Land means to begin offloading fish, to offload fish, or to arrive 
in port or at a dock, berth, beach, seawall, or ramp.
    Longbill spearfish means the species Tetrapturus pfluegeri, or a 
part thereof.
    Longline means a line that is deployed horizontally and to which 
gangions and hooks or pots are attached. Longlines can be stationary, 
anchored, or buoyed lines that may be hauled manually, electrically, or 
hydraulically.
    Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation 
and Management Act, as amended (16 U.S.C. 1801 et seq.), formerly known 
as the Magnuson Act.
    Metric ton (mt) means 1,000 kg (2,204.6 lb).
    nm means nautical mile (6,076 ft (1,852 m)).
    Official number means the documentation number issued by the USCG or 
the certificate number issued by a state or by the USCG for an 
undocumented vessel.
    Operator, with respect to any vessel, means the master or other 
individual aboard and in charge of that vessel.
    Optimum yield (OY) means the amount of fish that:
    (1) Will provide the greatest overall benefit to the Nation, 
particularly with respect to food production and recreational 
opportunities, and taking into account the protection of marine 
ecosystems;
    (2) Is prescribed as such on the basis of the maximum sustainable 
yield from the fishery, as reduced by any relevant economic, social, or 
ecological factor; and
    (3) In the case of an overfished fishery, provides for rebuilding to 
a level consistent with producing the maximum sustainable yield in such 
fishery.
    Owner, with respect to any vessel, means:
    (1) Any person who owns that vessel in whole or in part;
    (2) Any charterer of the vessel, whether bareboat, time, or voyage;
    (3) Any person who acts in the capacity of a charterer, including, 
but not limited to, parties to a management agreement, operating 
agreement, or any similar agreement that bestows control over the 
destination, function, or operation of the vessel; or
    (4) Any agent designated as such by a person described in paragraph 
(1), (2), or (3) of this definition.
    Plan Team means a Council working group selected from agencies, 
institutions, and organizations having a role in the research and/or 
management of fisheries, whose primary purpose is to assist the Council 
in the preparation and/or review of FMPs, amendments, and supporting 
documents for the Council, and/or SSC and AP.
    Postmark means independently verifiable evidence of the date of 
mailing, such as a U.S. Postal Service postmark, or other private 
carrier postmark, certified mail receipt, overnight mail receipt, or a 
receipt issued upon hand delivery to a representative of NMFS authorized 
to collect fishery statistics.
    Pot means trap.
    Powerhead means any device with an explosive charge, usually 
attached to a spear gun, spear, pole, or stick, that may or may not fire 
a projectile upon contact.
    Predominately means, with respect to fishing in a fishery, that more 
fishing on a stock or stocks of fish covered by the FMP occurs, or would 
occur in the absence of regulations, within or beyond the EEZ than 
occurs in the aggregate within the boundaries of all states off the 
coasts of which the fishery is conducted.

[[Page 11]]

    Processing, for the purpose of foreign fishing (subpart F), means 
any operation by an FFV to receive fish from foreign or U.S. fishing 
vessels and/or the preparation of fish, including, but not limited to, 
cleaning, cooking, canning, smoking, salting, drying, or freezing, 
either on the FFV's behalf or to assist other foreign or U.S. fishing 
vessels.
    Product recovery rate (PRR) means a ratio expressed as a percentage 
of the weight of processed product divided by the round weight of fish 
used to produce that amount of product.
    Prohibited species, with respect to a foreign vessel, means any 
species of fish that that vessel is not specifically allocated or 
authorized to retain, including fish caught or received in excess of any 
allocation or authorization.
    Purchase means the act or activity of buying, trading, or bartering, 
or attempting to buy, trade, or barter.
    Purse seine means a floated and weighted encircling net that is 
closed by means of a drawstring threaded through rings attached to the 
bottom of the net.
    Recreational fishing, with respect to a foreign vessel, means any 
fishing from a foreign vessel not operated for profit and not operated 
for the purpose of scientific research. It may not involve the sale, 
barter, or trade of part or all of the catch (see Sec. 600.513).
    Retain on board means to fail to return fish to the sea after a 
reasonable opportunity to sort the catch.
    Region mean one of five NMFS Regional Offices responsible for 
administering the management and development of marine resources in the 
United States in their respective geographical regions.
    Regional Administrator means the Administrator of one of the five 
NMFS Regions described in Table 1 of Sec. 600.502, or a designee. 
Formerly known as Regional Director.
    Regional Program Officer means the NMFS official designated in the 
terms and conditions of the grant award responsible for monitoring, 
recommending, and reviewing any technical aspects of the application for 
Federal assistance and the award.
    Rod and reel means a hand-held (including rod holder) fishing rod 
with a manually or electrically operated reel attached.
    Round means a whole fish--one that has not been gilled, gutted, 
beheaded, or definned.
    Round weight means the weight of the whole fish before processing or 
removal of any part.
    Sailfish means the species Istiophorus platypterus, or a part 
thereof.
    Sale or sell means the act or activity of transferring property for 
money or credit, trading, or bartering, or attempting to so transfer, 
trade, or barter.
    Science and Research Director means the Director of one of the five 
NMFS Fisheries Science Centers described in Table 1 of Sec. 600.502 of 
this part, or a designee, also known as Center Director.
    Scientific cruise means the period of time during which a scientific 
research vessel is operated in furtherance of a scientific research 
project, beginning when the vessel leaves port to undertake the project 
and ending when the vessel completes the project as provided for in the 
applicable scientific research plan.
    Scientific research activity is, for the purposes of this part, an 
activity in furtherance of a scientific fishery investigation or study 
that would meet the definition of fishing under the Magnuson-Stevens 
Act, but for the exemption applicable to scientific research activity 
conducted from a scientific research vessel. Scientific research 
activity includes, but is not limited to, sampling, collecting, 
observing, or surveying the fish or fishery resources within the EEZ, at 
sea, on board scientific research vessels, to increase scientific 
knowledge of the fishery resources or their environment, or to test a 
hypothesis as part of a planned, directed investigation or study 
conducted according to methodologies generally accepted as appropriate 
for scientific research. At-sea scientific fishery investigations 
address one or more issues involving taxonomy, biology, physiology, 
behavior, disease, aging, growth, mortality, migration, recruitment, 
distribution, abundance, ecology, stock structure, bycatch, and catch 
estimation of finfish and shellfish (invertebrate) species considered

[[Page 12]]

to be a component of the fishery resources within the EEZ. Scientific 
research activity does not include the collection and retention of fish 
outside the scope of the applicable research plan, or the testing of 
fishing gear. Data collection designed to capture and land quantities of 
fish or invertebrates for product development, market research, and/or 
public display are not scientific research activities and must be 
permitted under exempted fishing procedures. For foreign vessels, such 
data collection activities are considered scientific research if they 
are carried out in full cooperation with the United States.
    Scientific research plan means a detailed, written formulation, 
prepared in advance of the research, for the accomplishment of a 
scientific research project. At a minimum, a sound scientific research 
plan should include:
    (1) A description of the nature and objectives of the project, 
including the hypothesis or hypotheses to be tested.
    (2) The experimental design of the project, including a description 
of the methods to be used, the type and class of any vessel(s) to be 
used, and a description of sampling equipment.
    (3) The geographical area(s) in which the project is to be 
conducted.
    (4) The expected date of first appearance and final departure of the 
research vessel(s) to be employed, and deployment and removal of 
equipment, as appropriate.
    (5) The expected quantity and species of fish to be taken and their 
intended disposition, and, if significant amounts of a managed species 
or species otherwise restricted by size or sex are needed, an 
explanation of such need.
    (6) The name, address, and telephone/telex/fax number of the 
sponsoring organization and its director.
    (7) The name, address, and telephone/telex/fax number, and 
curriculum vitae of the person in charge of the project and, where 
different, the person in charge of the research project on board the 
vessel.
    (8) The identity of any vessel(s) to be used including, but not 
limited to, the vessel's name, official documentation number and IRCS, 
home port, and name, address, and telephone number of the owner and 
master.
    Scientific research vessel means a vessel owned or chartered by, and 
controlled by, a foreign government agency, U.S. Government agency 
(including NOAA or institutions designated as federally funded research 
and development centers), U.S. state or territorial agency, university 
(or other educational institution accredited by a recognized national or 
international accreditation body), international treaty organization, or 
scientific institution. In order for a vessel that is owned or chartered 
and controlled by a foreign government to meet this definition, the 
vessel must have scientific research as its exclusive mission during the 
scientific cruise in question and the vessel operations must be 
conducted in accordance with a scientific research plan.
    Scouting means any operation by a vessel exploring (on the behalf of 
an FFV or U.S. fishing vessel) for the presence of fish by visual, 
acoustic, or other means that do not involve the catching of fish.
    Secretary means the Secretary of Commerce or a designee.
    Seine means a net with long narrow wings, that is rigged with floats 
and weights.
    Skipjack tuna means the species Katsuwonus pelamis, or a part 
thereof.
    Slurp gun means a tube-shaped suction device that operates somewhat 
like a syringe by sucking up the fish.
    Snare means a device consisting of a pole to which is attached a 
line forming at its end a loop with a running knot that tightens around 
the fish when the line is pulled.
    Spear means a sharp, pointed, or barbed instrument on a shaft. 
Spears can be operated manually or shot from a gun or sling.
    State means each of the several states, the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, 
Guam, the Northern Mariana Islands, and any other Commonwealth, 
territory, or possession of the United States.
    State employee means any employee of the state agency responsible 
for developing and monitoring the state's program for marine and/or 
anadromous fisheries.

[[Page 13]]

    Statement of Organization, Practices, and Procedures (SOPP) means a 
statement by each Council describing its organization, practices, and 
procedures as required under section 302(f)(6) of the Magnuson-Stevens 
Act.
    Stock assessment means the process of collecting and analyzing 
biological and statistical information to determine the changes in the 
abundance of fishery stocks in response to fishing, and, to the extent 
possible, to predict future trends of stock abundance. Stock assessments 
are based on resource surveys; knowledge of the habitat requirements, 
life history, and behavior of the species; the use of environmental 
indices to determine impacts on stocks; and catch statistics. Stock 
assessments are used as a basis to ``assess and specify the present and 
probable future condition of a fishery'' (as is required by the 
Magnuson-Stevens Act), and are summarized in the Stock Assessment and 
Fishery Evaluation or similar document.
    Stock Assessment and Fishery Evaluation (SAFE) means a document or 
set of documents that provides Councils with a summary of the most 
recent biological condition of species in an FMU, and the social and 
economic condition of the recreational and commercial fishing industries 
and the fish processing industries. It summarizes, on a periodic basis, 
the best available scientific information concerning the past, present, 
and possible future condition of the stocks and fisheries being managed 
under Federal regulation.
    Submersible means a manned or unmanned device that functions or 
operates primarily underwater and is used to harvest fish, i.e., 
precious corals, with mechanical arms.
    Substantially (affects) means, for the purpose of subpart G, with 
respect to whether a state's action or omission will substantially 
affect the carrying out of an FMP for a fishery, that those effects are 
important or material, or considerable in degree. The effects of a 
state's action or omission for purposes of this definition include 
effects upon:
    (1) The achievement of the FMP's goals or objectives for the 
fishery;
    (2) The achievement of OY from the fishery on a continuing basis;
    (3) The attainment of the national standards for fishery 
conservation and management (as set forth in section 301(a) of the 
Magnuson-Stevens Act) and compliance with other applicable law; or
    (4) The enforcement of regulations implementing the FMP.
    Support means any operation by a vessel assisting fishing by foreign 
or U.S. vessels, including supplying water, fuel, provisions, fish 
processing equipment, or other supplies to a fishing vessel.
    Swordfish means the species Xiphias gladius, or a part thereof.
    Tangle net dredge means dredge gear consisting of weights and flimsy 
netting that hangs loosely in order to immediately entangle fish.
    Total length (TL) means the straight-line distance from the tip of 
the snout to the tip of the tail (caudal fin) while the fish is lying on 
its side, normally extended.
    Trammel net means a net consisting of two or more panels of netting, 
suspended vertically in the water column by a common float line and a 
common weight line. One panel of netting has a larger mesh size than the 
other(s) in order to entrap fish in a pocket.
    Transship means offloading and onloading or otherwise transferring 
fish or fish products and/or transporting fish or products made from 
fish.
    Trap means a portable, enclosed device with one or more gates or 
entrances and one or more lines attached to surface floats. Also called 
a pot.
    Trawl means a cone or funnel-shaped net that is towed through the 
water, and can include a pair trawl that is towed simultaneously by two 
boats.
    Trip means the time period that begins when a fishing vessel departs 
from a dock, berth, beach, seawall, ramp, or port to carry out fishing 
operations and that terminates with a return to a dock, berth, beach, 
seawall, ramp, or port.
    U.S. observer or observer means any person serving in the capacity 
of an observer employed by NMFS, either directly or under contract, or 
certified as a supplementary observer by NMFS.
    Vessel of the United States or U.S. vessel means:

[[Page 14]]

    (1) Any vessel documented under chapter 121 of title 46, United 
States Code;
    (2) Any vessel numbered under chapter 123 of title 46, United States 
Code, and measuring less than 5 net tons;
    (3) Any vessel numbered under chapter 123 of title 46, United States 
Code, and used exclusively for pleasure; or
    (4) Any vessel not equipped with propulsion machinery of any kind 
and used exclusively for pleasure.
    White marlin means the species Tetrapturus albidus, or a part 
thereof.
    Yellowfin tuna means the species Thunnus albacares, or a part 
thereof.

[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; 64 FR 4036, 
Jan. 27, 1999; 64 FR 29133, May 28, 1999; 64 FR 67516, Dec. 2, 1999]



Sec. 600.15  Other acronyms.

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

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 
FR 29134, May 28, 1999]



             Subpart B--Regional Fishery Management Councils



Sec. 600.105  Intercouncil boundaries.

    (a) New England and Mid-Atlantic Councils. The boundary begins at 
the intersection point of Connecticut, Rhode Island, and New York at 
41 deg.18'16.249" N. lat. and 71 deg.54'28.477" W. long. and proceeds 
south 37 deg.22'32.75" East to the point of intersection with the 
outward boundary of the EEZ as specified in the Magnuson-Stevens Act.
    (b) Mid-Atlantic and South Atlantic Councils. The boundary begins at 
the seaward boundary between the States of Virginia and North Carolina 
(36 deg.31'00.8" N. lat.), and proceeds due east to the point of 
intersection with the outward boundary of the EEZ as specified in the 
Magnuson-Stevens Act.

[[Page 15]]

    (c) South Atlantic and Gulf of Mexico Councils. The boundary 
coincides with the line of demarcation between the Atlantic Ocean and 
the Gulf of Mexico, which begins at the intersection of the outer 
boundary of the EEZ, as specified in the Magnuson-Stevens Act, and 
83 deg.00' W. long., proceeds northward along that meridian to 
24 deg.35' N. lat., (near the Dry Tortugas Islands), thence eastward 
along that parallel, through Rebecca Shoal and the Quicksand Shoal, to 
the Marquesas Keys, and then through the Florida Keys to the mainland at 
the eastern end of Florida Bay, the line so running that the narrow 
waters within the Dry Tortugas Islands, the Marquesas Keys and the 
Florida Keys, and between the Florida Keys and the mainland, are within 
the Gulf of Mexico.

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



Sec. 600.110  Intercouncil fisheries.

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



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

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

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



Sec. 600.120  Employment practices.

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



Sec. 600.125  Budgeting, funding, and accounting.

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

[[Page 16]]

terms and conditions of the cooperative agreement. (See 5 CFR 1310.3 for 
availability of OMB Circulars.)



Sec. 600.130  Protection of confidentiality of statistics.

    Each Council must establish appropriate procedures for ensuring the 
confidentiality of the statistics that may be submitted to it by Federal 
or state authorities and may be voluntarily submitted to it by private 
persons, including, but not limited to (also see Sec. 600.405):
    (a) Procedures for the restriction of Council member, employee, or 
advisory group access and the prevention of conflicts of interest, 
except that such procedures must be consistent with procedures of the 
Secretary.
    (b) In the case of statistics submitted to the Council by a state, 
the confidentiality laws and regulations of that state.



                      Subpart C--Council Membership



Sec. 600.205  Principal state officials and their designees.

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

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



Sec. 600.210  Terms of Council members.

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

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



Sec. 600.215  Council nomination and appointment procedures.

    (a) General. (1) Each year, the 3-year terms for approximately one-
third of the appointed members of the Councils expire. The Secretary of 
Commerce (Secretary) will appoint or new members or will reappoint 
seated members to another term to fill the seats being vacated.
    (2) There are two categories of seats to which voting members are 
appointed: ``Obligatory'' and ``At-large.''
    (i) Obligatory seats are state specific. Each constituent state is 
entitled to one seat on the Council on which it is a member, except that 
the State of Alaska is entitled to five seats and the State of 
Washington is entitled to two seats on the North Pacific Fishery 
Management Council. When the term

[[Page 17]]

of a state's obligatory member is expiring or when 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 Council seat.
    (ii) The Magnuson-Stevens Act also provides for appointment, by the 
Secretary, of one treaty Indian tribal representative to the Pacific 
Fishery Management Council (Pacific Council). To fill that seat, the 
Secretary solicits written nominations from the heads of governments of 
those Indian Tribes with federally recognized fishing rights from the 
States of California, Oregon, Washington, or Idaho. The list of nominees 
must contain a total of at least three individuals who are knowledgeable 
and experienced regarding the fishery resources under the authority of 
the Pacific Council. The Secretary will appoint one tribal Indian 
representative from this list to the Pacific Council for a term of 3 
years and rotate the appointment among the tribes.
    (iii) At-large seats are regional. When the term of an at-large 
member is expiring or when 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 the seat.
    (b) Responsibilities of State Governors. (1) Council members are 
selected by the Secretary from lists of nominees submitted by Governors 
of the constituent states, pursuant to section 302(b)(2)(C) of the 
Magnuson-Stevens Act. For each applicable vacancy, a Governor must 
submit the names of at least three nominees who meet the qualification 
requirements of the Magnuson-Stevens Act. A Governor must provide a 
statement explaining how each of his/her nominees meet the qualification 
requirements, and must also provide appropriate documentation to the 
Secretary that each nomination was made in consultation with commercial 
and recreational fishing interests of that state and that each nominee 
is knowledgeable and experienced by reason of his or her occupational or 
other experience, scientific expertise, or training in one or more of 
the following ways related to the fishery resources of the geographical 
area of concern to the Council:
    (i) Commercial fishing or the processing or marketing of fish, fish 
products, or fishing equipment;
    (ii) Fishing for pleasure, relaxation, or consumption, or experience 
in any business supporting fishing;
    (iii) Leadership in a state, regional, or national organization 
whose members participate in a fishery in the Council's area of 
authority;
    (iv) The management and conservation of natural resources, including 
related interactions with industry, government bodies, academic 
institutions, and public agencies. This includes experience serving as a 
member of a Council, Advisory Panel, Scientific and Statistical 
Committee, or Fishing Industry Advisory Committee;
    (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; or
    (vi) Teaching, journalism, writing, consulting, practicing law, or 
researching matters related to fisheries, fishery management, and marine 
resource conservation.
    (2) To assist in identifying 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 criteria in paragraph (b)(1) of this section. 
Nominees may provide such information in any format they wish.
    (3) A constituent State Governor must determine the state of 
residency of each of his/her nominees. A Governor may not nominate a 
non-resident of that state for appointment to a Council seat obligated 
to that state. A Governor may nominate residents of another constituent 
state of a Council for appointment to an at large seat on that Council.
    (4) If, at any time during a term, a member changes residency to 
another state that is not a constituent state of that Council, or a 
member appointed to an obligatory seat changes residency to any other 
state, the member may no longer vote and must resign from the

[[Page 18]]

Council. For purposes of this paragraph, a state resident is an 
individual who maintains his/her principal residence within that 
constituent state and who, if applicable, pays income taxes to that 
state and/or to another appropriate jurisdiction within that state.
    (5) 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 different nominees. When obligatory and at-
large seats do not expire concurrently, 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, provided that 
the resulting total number of nominees submitted by that Governor for 
the expiring seats is no fewer than six. If a total of fewer than six 
nominees is submitted by the Governor, each of the six will be 
considered for the expiring obligatory seat, but not for the expiring 
at-large seat.
    (c) Responsibilities of eligible tribal Indian governments. The 
tribal Indian representative on the Pacific Council will be selected by 
the Secretary from a list of no fewer than three individuals submitted 
by the tribal Indian governments with federally recognized fishing 
rights from California, Oregon, Washington, and Idaho, pursuant to 
section 302(b)(5) of the Magnuson-Stevens Act. To assist in assessing 
the qualifications of each nominee, each head of an appropriate tribal 
Indian government must furnish to the Assistant Administrator 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 
Pacific Council in a different capacity will not disqualify nominees 
proposed by tribal Indian governments.
    (d) Nomination deadlines. Nomination letters and completed kits must 
be forwarded by express mail under a single mailing to the address 
specified by the Assistant Administrator by March 15. For appointments 
outside the normal cycle, a different deadline for receipt of 
nominations will be announced.
    (1) Obligatory seats. (i) The governor of the state for which the 
term of an obligatory seat is expiring must submit the names of at least 
three qualified individuals to fill that seat by the March 15 deadline. 
The Secretary will appoint to the Pacific Council a representative of an 
Indian tribe from a list of no fewer than three individuals submitted by 
the tribal Indian governments.
    (ii) If the nominator fails to provide a nomination letter and at 
least three complete nomination kits by March 15, the obligatory seat 
will remain vacant until all required information has been received and 
processed and the Secretary has made the appointment.
    (2) At-large seats. (i) If a Governor chooses to submit nominations 
for an at-large seat, he/she must submit lists that contain at least 
three different qualified nominees for each vacant seat. A nomination 
letter and at least three complete nomination kits must be forwarded by 
express mail under a single mailing to the address specified by the 
Assistant Administrator by March 15.
    (ii) Nomination packages that are incomplete after March 15 will be 
returned to the nominating Governor and will be processed no further. 
At-large members will be appointed from among the nominations submitted 
by the governors who complied with the nomination requirements and the 
March 15 deadline.
    (e) Responsibilities of the Secretary. (1) 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 on the Councils.

[[Page 19]]

    (2) The Secretary will review each list submitted by a governor or 
the tribal Indian governments to ascertain whether the individuals on 
the list are qualified for the vacancy. If the Secretary determines that 
a nominee is not qualified, the Secretary will notify the appropriate 
Governor or tribal Indian government of that determination. The Governor 
or tribal Indian government shall then submit a revised list of nominees 
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.
    (3) The Secretary will select the appointees from lists of qualified 
nominees provided by the Governors of the constituent Council states or 
of the tribal Indian governments that are eligible to nominate 
candidates for that vacancy.
    (i) For Governor-nominated seats, the Secretary will select an 
appointee for an obligatory seat from the list of qualified nominees 
submitted by the governor of the state. In filling expiring at-large 
seats, the Secretary will select an appointee(s) for an at-large seat(s) 
from the list of all qualified candidates submitted. The Secretary will 
consider only complete slates of nominees submitted by the governors of 
the Council's constituent states. 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 
complete nomination letters and kits that are timely and contain the 
required number of candidates.
    (ii) For the tribal Indian seat, the Secretary will solicit 
nominations of individuals for the list referred to in paragraph (c) 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. 
Any vacancy occurring prior to the expiration of any term shall be 
filled in the same manner as described in paragraphs (d)(1) and (2) of 
this section, except that the Secretary may use the list referred to in 
paragraph (b)(1) of this section from which the vacating member was 
chosen. The Secretary shall rotate the appointment among the tribes, 
taking into consideration:
    (A) The qualifications of the individuals on the list referred to in 
paragraph (c) of this section.
    (B) The various rights of the Indian tribes involved, and judicial 
cases that set out the manner in which these rights are to be exercised.
    (C) The geographic area in which the tribe of the representative is 
located.
    (D) The limitation that no tribal Indian representative shall serve 
more than three consecutive terms in the Indian tribal seat.

[64 FR 4600, Jan. 29, 1999]



Sec. 600.220  Oath of office.

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



Sec. 600.225  Rules of conduct.

    (a) Council members, as Federal office holders, and Council 
employees are subject to most Federal criminal statutes covering 
bribery, conflict-of-interest, disclosure of confidential information, 
and lobbying with appropriated funds.
    (b) The Councils are responsible for maintaining high standards of 
ethical conduct among themselves, their staffs, and their advisory 
groups. In addition to abiding by the applicable Federal conflict of 
interest statutes, both members and employees of the Councils must 
comply with the following standards of conduct:
    (1) No employee of a Council may use his or her official authority 
or influence derived from his or her position with the Council for the 
purpose of interfering with or affecting the result of an election to or 
a nomination for any national, state, county, or municipal elective 
office.
    (2) No employee of a Council may be deprived of employment, 
position, work, compensation, or benefit provided for or made possible 
by the Magnuson-Stevens Act on account of any political activity or lack 
of such activity in support of or in opposition to any candidate or any 
political party in

[[Page 20]]

any national, state, county, or municipal election, or on account of his 
or her political affiliation.
    (3) No Council member or employee may pay, offer, promise, solicit, 
or receive from any person, firm, or corporation a contribution of money 
or anything of value in consideration of either support or the use of 
influence or the promise of support or influence in obtaining for any 
person any appointive office, place, or employment under the Council.
    (4) No employee of a Council may have a direct or indirect financial 
interest that conflicts with the fair and impartial conduct of his or 
her Council duties.
    (5) No Council member, employee of a Council, or member of a Council 
advisory group may use or allow the use, for other than official 
purposes, of information obtained through or in connection with his or 
her Council employment that has not been made available to the general 
public.
    (6) No Council member or employee of the Council may engage in 
criminal, infamous, dishonest, notoriously immoral, or disgraceful 
conduct.
    (7) No Council member or employee of the Council may use Council 
property on other than official business. Such property must be 
protected and preserved from improper or deleterious operation or use.
    (8)(i) Except as provided in Sec. 600.235(h) or in 18 U.S.C. 208, no 
Council member may participate personally and substantially as a member 
through decision, approval, disapproval, recommendation, the rendering 
of advice, investigation, or otherwise, in a particular matter in which 
the member, the member's spouse, minor child, general partner, 
organization in which the member is serving as officer, director, 
trustee, general partner, or employee, or any person or organization 
with whom the member is negotiating or has any arrangement concerning 
prospective employment, has a financial interest. (Note that this 
financial interest is broader than the one defined in Sec. 600.235(a).)
    (ii) No Council member may participate personally and substantially 
as a member through decision, approval, disapproval, recommendation, the 
rendering of advice, investigation, or otherwise, in a particular matter 
primarily of individual concern, such as a contract, in which he or she 
has a financial interest, even if the interest has been disclosed in 
accordance with Sec. 600.235.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 64185, Nov. 19, 1998]



Sec. 600.230  Removal.

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

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



Sec. 600.235  Financial disclosure.

    (a) Definitions. For purposes of Sec. 600.235:
    Affected individual means an individual who is--
    (1) Nominated by the Governor of a state or appointed by the 
Secretary of Commerce to serve as a voting member of a Council in 
accordance with section 302(b)(2) of the Magnuson-Stevens Act; or
    (2) A representative of an Indian tribe appointed to the Pacific 
Council by the Secretary of Commerce under section 302(b)(5) of the 
Magnuson-Stevens Act who is not subject to disclosure and recusal 
requirements under the laws of an Indian tribal government.
    Council decision means approval of a fishery management plan (FMP) 
or FMP amendment (including any proposed regulations); request for 
amendment to regulations implementing an FMP; finding that an emergency 
exists involving any fishery (including recommendations for responding 
to the

[[Page 21]]

emergency); and comments to the Secretary on FMPs or amendments 
developed by the Secretary. It does not include a vote by a committee of 
a Council.
    Designated official means an attorney designated by the NOAA General 
Counsel.
    Financial interest in harvesting, processing, or marketing (1) 
includes:
    (i) Stock, equity, or other ownership interests in, or employment 
with, any company, business, fishing vessel, or other entity engaging in 
any harvesting, processing, or marketing activity in any fishery under 
the jurisdiction of the Council concerned;
    (ii) Stock, equity, or other ownership interests in, or employment 
with, any company or other entity that provides equipment or other 
services essential to harvesting, processing, or marketing activities in 
any fishery under the jurisdiction of the Council concerned, such as a 
chandler or a dock operation.
    (iii) Employment with, or service as an officer, director, or 
trustee of, an association whose members include companies, vessels, or 
other entities engaged in harvesting, processing, or marketing 
activities, or companies or other entities providing services essential 
to harvesting, processing, or marketing activities in any fishery under 
the jurisdiction of the Council concerned; and
    (iv) Employment with an entity providing consulting, legal, or 
representational services to any entity engaging in, or providing 
equipment or services essential to, harvesting, processing, or marketing 
activities in any fishery under the jurisdiction of the Council 
concerned, or to any association whose members include entities engaged 
in the activities described in paragraphs (1) (i) and (ii) of this 
definition;
    (2) Does not include stock, equity, or other ownership interests in, 
or employment with, an entity engaging in advocacy on environmental 
issues or in scientific fisheries research in any fishery under the 
jurisdiction of the Council concerned, unless it is covered under 
paragraph (1) of this definition. A financial interest in such entities 
is covered by 18 U.S.C. 208, the Federal conflict-of-interest statute.
    (b) Reporting. (1) The Magnuson-Stevens Act requires the disclosure 
by each affected individual of any financial interest in harvesting, 
processing, or marketing activity, and of any such financial interest of 
the affected 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 and 
Nominees of Regional Fishery Management Councils'' (Financial Interest 
Form), or such other form as the Secretary may prescribe.
    (2) The Financial Interest Form 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 must file a Financial 
Interest Form with the Executive Director of the appropriate Council 
within 45 days of taking office; must file an update of his or her 
statement with the Executive Director of the appropriate Council within 
30 days of the time any such financial interest is acquired or 
substantially changed by the affected individual or the affected 
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; and must update his or her form 
annually and file that update with the Executive Director of the 
appropriate Council by February 1 of each year.
    (3) The Executive Director must, in a timely manner, provide copies 
of the financial disclosure forms and all updates to the NMFS Regional 
Administrator for the geographic area concerned, the Regional Attorney 
who advises the Council, the Department of Commerce Assistant General 
Counsel for Administration, and the NMFS Office of Sustainable 
Fisheries. The completed financial interest forms will be kept on file 
in the office of the NMFS Regional Administrator for the geographic area 
concerned and at the

[[Page 22]]

Council offices, and will be made available for public inspection at 
such offices during normal office hours. In addition, the forms will be 
made available at each Council meeting or hearing.
    (4) Councils must retain the disclosure form for each affected 
individual for at least 5 years after the expiration of that 
individual's last term.
    (c) Restrictions on voting. (1) No affected individual may vote on 
any Council decision that would have a significant and predictable 
effect on a financial interest disclosed in his/her report filed under 
paragraph (b) of this section.
    (2) As used in this section, a Council decision will be considered 
to have a ``significant and predictable effect on a financial interest'' 
if there is a close causal link between the decision and an expected and 
substantially disproportionate benefit to the financial interest in 
harvesting, processing, or marketing of any affected individual or the 
affected 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, relative to the 
financial interests of other participants in the same gear type or 
sector of the fishery. The relative financial interests of the affected 
individual and other participants will be determined with reference to 
the most recent fishing year for which information is available. 
However, for fisheries in which IFQs are assigned, the percentage of 
IFQs assigned to the affected individual will be dispositive.
    (3) ``Expected and substantially disproportionate benefit'' means a 
quantifiable positive or negative impact with regard to a matter likely 
to affect a fishery or sector of the fishery in which the affected 
individual has a significant interest, as indicated by:
    (i) A greater than 10-percent interest in the total harvest of the 
fishery or sector of the fishery in question;
    (ii) A greater than 10-percent interest in the marketing or 
processing of the total harvest of the fishery or sector of the fishery 
in question; or
    (iii) Full or partial ownership of more than 10 percent of the 
vessels using the same gear type within the fishery or sector of the 
fishery in question.
    (d) Voluntary recusal. An affected individual who believes that a 
Council decision would have a significant and predictable effect on that 
individual's financial interest disclosed under paragraph (b) of this 
section may, at any time before a vote is taken, announce to the Council 
an intent not to vote on the decision.
    (e) Participation in deliberations. Notwithstanding paragraph (c) of 
this section, an affected individual who is recused from voting under 
this section may participate in Council and committee deliberations 
relating to the decision, after notifying the Council of the voting 
recusal and identifying the financial interest that would be affected.
    (f) Requests for determination. (1) At the request of an affected 
individual, the designated official shall determine for the record 
whether a Council decision would have a significant and predictable 
effect on that individual's financial interest. The determination will 
be based upon a review of the information contained in the individual's 
financial disclosure form and any other reliable and probative 
information provided in writing. All information considered will be made 
part of the public record for the decision. The affected individual may 
request a determination by notifying the designated official--
    (i) Within a reasonable time before the Council meeting at which the 
Council decision will be made; or
    (ii) During a Council meeting before a Council vote on the decision.
    (2) The designated official may initiate a determination on the 
basis of--
    (i) His or her knowledge of the fishery and the financial interests 
disclosed by an affected individual; or
    (ii) Written and signed information received within a reasonable 
time before a Council meeting or, if the issue could not have been 
anticipated before the meeting, during a Council meeting before a 
Council vote on the decision.
    (3) At the beginning of each Council meeting, or during a Council 
meeting at any time reliable and probative information is received, the 
designated official shall announce the receipt of

[[Page 23]]

information relevant to a determination concerning recusal, the nature 
of that information, and the identity of the submitter of such 
information.
    (4) If the designated official determines that the affected 
individual may not vote, the individual may state for the record how he 
or she would have voted. A Council Chair may not allow such an 
individual to cast a vote.
    (5) A reversal of a determination under paragraph (g) of this 
section may not be treated as cause for invalidation or reconsideration 
by the Secretary of a Council's decision.
    (g) Review of determinations. (1) Any Council member may file a 
written request to the NOAA General Counsel for review of the designated 
official's determination. A request for review must be received within 
10 days of the determination.
    (2) A request must include a full statement in support of the 
review, including a concise statement as to why the Council's decision 
did or did not have a significantly disproportionate benefit to the 
financial interest of the affected individual relative to the financial 
interests of other participants in the same gear type or sector of the 
fishery, and why the designated official's determination should be 
reversed.
    (3) If the request for review is from a Council member other than 
the affected individual whose vote is at issue, the requester must 
provide a copy of the request to the affected individual at the same 
time it is submitted to the NOAA General Counsel. The affected 
individual may submit a response to the NOAA General Counsel within 10 
days from the date of his/her receipt of the request for review.
    (4) The NOAA General Counsel must complete the review and issue a 
decision within 30 days from the date of receipt of the request for 
review. The NOAA General Counsel will limit the review to the record 
before the designated official at the time of the determination, the 
request, and any response.
    (h) Exemption from other statutes. The provisions of 18 U.S.C. 208 
regarding conflicts of interest do not apply to an affected individual 
who is in compliance with the requirements of this section for filing a 
financial disclosure report.
    (i) Violations and penalties. It is unlawful for an affected 
individual to knowingly and willfully fail to disclose, or to falsely 
disclose, any financial interest as required by this section, or to 
knowingly vote on a Council decision in violation of this section. In 
addition to the penalties applicable under Sec. 600.735, a violation of 
this provision may result in removal of the affected individual from 
Council membership.

[63 FR 64185, Nov. 19, 1998]



Sec. 600.240  Security assurances.

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



Sec. 600.245  Council member compensation.

    (a) The obligatory and at-large voting members of each Council 
appointed under section 302(b)(1)(C) of the Magnuson-Stevens Act who are 
not employed by the Federal Government or any

[[Page 24]]

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

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



                      Subpart D--National Standards



Sec. 600.305  General.

    (a) Purpose. (1) This subpart establishes guidelines, based on the 
national standards, to assist in the development and review of FMPs, 
amendments, and regulations prepared by the Councils and the Secretary.
    (2) In developing FMPs, the Councils have the initial authority to 
ascertain factual circumstances, to establish management objectives, and 
to propose management measures that will achieve the objectives. The 
Secretary will determine whether the proposed management objectives and 
measures are consistent with the national standards, other provisions of 
the Magnuson-Stevens Act, and other applicable law. The Secretary has an 
obligation under section 301(b) of the Magnuson-Stevens Act to inform 
the Councils of the Secretary's interpretation of the national standards 
so that they will have an understanding of the basis on which FMPs will 
be reviewed.
    (3) The national standards are statutory principles that must be 
followed in any FMP. The guidelines summarize Secretarial 
interpretations that have been, and will be, applied under these 
principles. The guidelines are intended as aids to decisionmaking; FMPs 
formulated according to the guidelines will have a better chance for 
expeditious Secretarial review, approval, and implementation. FMPs that 
are in substantial compliance with the guidelines, the Magnuson-Stevens 
Act, and other applicable law must be approved.
    (b) Fishery management objectives. (1) Each FMP, whether prepared by 
a Council or by the Secretary, should

[[Page 25]]

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

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



Sec. 600.310  National Standard 1--Optimum Yield.

    (a) Standard 1. Conservation and management measures shall prevent 
overfishing while achieving, on a continuing basis, the OY from each 
fishery for the U.S. fishing industry.
    (b) General. The determination of OY is a decisional mechanism for 
resolving the Magnuson-Stevens Act's multiple purposes and policies, 
implementing an FMP's objectives, and balancing the various interests 
that comprise the national welfare. OY is based on MSY, or on MSY as it 
may be reduced under paragraph (f)(3) of this section. The most 
important limitation on the specification of OY is that the choice of OY 
and the conservation and management measures proposed to achieve it must 
prevent overfishing.
    (c) MSY. Each FMP should include an estimate of MSY as explained in 
this section.
    (1) Definitions. (i) ``MSY'' is the largest long-term average catch 
or yield that can be taken from a stock or

[[Page 26]]

stock complex under prevailing ecological and environmental conditions.
    (ii) ``MSY control rule'' means a harvest strategy which, if 
implemented, would be expected to result in a long-term average catch 
approximating MSY.
    (iii) ``MSY stock size'' means the long-term average size of the 
stock or stock complex, measured in terms of spawning biomass or other 
appropriate units, that would be achieved under an MSY control rule in 
which the fishing mortality rate is constant.
    (2) Options in specifying MSY. (i) Because MSY is a theoretical 
concept, its estimation in practice is conditional on the choice of an 
MSY control rule. In choosing an MSY control rule, Councils should be 
guided by the characteristics of the fishery, the FMP's objectives, and 
the best scientific information available. The simplest MSY control rule 
is to remove a constant catch in each year that the estimated stock size 
exceeds an appropriate lower bound, where this catch is chosen so as to 
maximize the resulting long-term average yield. Other examples include 
the following: Remove a constant fraction of the biomass in each year, 
where this fraction is chosen so as to maximize the resulting long-term 
average yield; allow a constant level of escapement in each year, where 
this level is chosen so as to maximize the resulting long-term average 
yield; vary the fishing mortality rate as a continuous function of stock 
size, where the parameters of this function are constant and chosen so 
as to maximize the resulting long-term average yield. In any MSY control 
rule, a given stock size is associated with a given level of fishing 
mortality and a given level of potential harvest, where the long-term 
average of these potential harvests provides an estimate of MSY.
    (ii) Any MSY values used in determining OY will necessarily be 
estimates, and these will typically be associated with some level of 
uncertainty. Such estimates must be based on the best scientific 
information available (see Sec. 600.315) and must incorporate 
appropriate consideration of risk (see Sec. 600.335). Beyond these 
requirements, however, Councils have a reasonable degree of latitude in 
determining which estimates to use and how these estimates are to be 
expressed. For example, a point estimate of MSY may be expressed by 
itself or together with a confidence interval around that estimate.
    (iii) In the case of a mixed-stock fishery, MSY should be specified 
on a stock-by-stock basis. However, where MSY cannot be specified for 
each stock, then MSY may be specified on the basis of one or more 
species as an indicator for the mixed stock as a whole or for the 
fishery as a whole.
    (iv) Because MSY is a long-term average, it need not be estimated 
annually, but it must be based on the best scientific information 
available, and should be re-estimated as required by changes in 
environmental or ecological conditions or new scientific information.
    (3) Alternatives to specifying MSY. When data are insufficient to 
estimate MSY directly, Councils should adopt other measures of 
productive capacity that can serve as reasonable proxies for MSY, to the 
extent possible. Examples include various reference points defined in 
terms of relative spawning per recruit. For instance, the fishing 
mortality rate that reduces the long-term average level of spawning per 
recruit to 30-40 percent of the long-term average that would be expected 
in the absence of fishing may be a reasonable proxy for the MSY fishing 
mortality rate. The long-term average stock size obtained by fishing 
year after year at this rate under average recruitment may be a 
reasonable proxy for the MSY stock size, and the long-term average catch 
so obtained may be a reasonable proxy for MSY. The natural mortality 
rate may also be a reasonable proxy for the MSY fishing mortality rate. 
If a reliable estimate of pristine stock size (i.e., the long-term 
average stock size that would be expected in the absence of fishing) is 
available, a stock size approximately 40 percent of this value may be a 
reasonable proxy for the MSY stock size, and the product of this stock 
size and the natural mortality rate may be a reasonable proxy for MSY.
    (d) Overfishing--(1) Definitions. (i) ``To overfish'' means to fish 
at a rate or level that jeopardizes the capacity of a

[[Page 27]]

stock or stock complex to produce MSY on a continuing basis.
    (ii) ``Overfishing'' occurs whenever a stock or stock complex is 
subjected to a rate or level of fishing mortality that jeopardizes the 
capacity of a stock or stock complex to produce MSY on a continuing 
basis.
    (iii) In the Magnuson-Stevens Act, the term ``overfished'' is used 
in two senses: First, to describe any stock or stock complex that is 
subjected to a rate or level of fishing mortality meeting the criterion 
in paragraph (d)(1)(i) of this section, and second, to describe any 
stock or stock complex whose size is sufficiently small that a change in 
management practices is required in order to achieve an appropriate 
level and rate of rebuilding. To avoid confusion, this section uses 
``overfished'' in the second sense only.
    (2) Specification of status determination criteria. Each FMP must 
specify, to the extent possible, objective and measurable status 
determination criteria for each stock or stock complex covered by that 
FMP and provide an analysis of how the status determination criteria 
were chosen and how they relate to reproductive potential. Status 
determination criteria must be expressed in a way that enables the 
Council and the Secretary to monitor the stock or stock complex and 
determine annually whether overfishing is occurring and whether the 
stock or stock complex is overfished. In all cases, status determination 
criteria must specify both of the following:
    (i) A maximum fishing mortality threshold or reasonable proxy 
thereof. The fishing mortality threshold may be expressed either as a 
single number or as a function of spawning biomass or other measure of 
productive capacity. The fishing mortality threshold must not exceed the 
fishing mortality rate or level associated with the relevant MSY control 
rule. Exceeding the fishing mortality threshold for a period of 1 year 
or more constitutes overfishing.
    (ii) A minimum stock size threshold or reasonable proxy thereof. The 
stock size threshold should be expressed in terms of spawning biomass or 
other measure of productive capacity. To the extent possible, the stock 
size threshold should equal whichever of the following is greater: One-
half the MSY stock size, or the minimum stock size at which rebuilding 
to the MSY level would be expected to occur within 10 years if the stock 
or stock complex were exploited at the maximum fishing mortality 
threshold specified under paragraph (d)(2)(i) of this section. Should 
the actual size of the stock or stock complex in a given year fall below 
this threshold, the stock or stock complex is considered overfished.
    (3) Relationship of status determination criteria to other national 
standards--(i) National standard 2. Status determination criteria must 
be based on the best scientific information available (see 
Sec. 600.315). When data are insufficient to estimate MSY, Councils 
should base status determination criteria on reasonable proxies thereof 
to the extent possible (also see paragraph (c)(3) of this section). In 
cases where scientific data are severely limited, effort should also be 
directed to identifying and gathering the needed data.
    (ii) National standard 3. The requirement to manage interrelated 
stocks of fish as a unit or in close coordination notwithstanding (see 
Sec. 600.320), status determination criteria should generally be 
specified in terms of the level of stock aggregation for which the best 
scientific information is available (also see paragraph (c)(2)(iii) of 
this section).
    (iii) National standard 6. Councils must build into the status 
determination criteria appropriate consideration of risk, taking into 
account uncertainties in estimating harvest, stock conditions, life 
history parameters, or the effects of environmental factors (see 
Sec. 600.335).
    (4) Relationship of status determination criteria to environmental 
change. Some short-term environmental changes can alter the current size 
of a stock or stock complex without affecting the long-term productive 
capacity of the stock or stock complex. Other environmental changes 
affect both the current size of the stock or stock complex and the long-
term productive capacity of the stock or stock complex.
    (i) If environmental changes cause a stock or stock complex to fall 
below the minimum stock size threshold without affecting the long-term 
productive capacity of the stock or stock

[[Page 28]]

complex, fishing mortality must be constrained sufficiently to allow 
rebuilding within an acceptable time frame (also see paragraph 
(e)(4)(ii) of this section). Status determination criteria need not be 
respecified.
    (ii) If environmental changes affect the long-term productive 
capacity of the stock or stock complex, one or more components of the 
status determination criteria must be respecified. Once status 
determination criteria have been respecified, fishing mortality may or 
may not have to be reduced, depending on the status of the stock or 
stock complex with respect to the new criteria.
    (iii) If manmade environmental changes are partially responsible for 
a stock or stock complex being in an overfished condition, in addition 
to controlling effort, Councils should recommend restoration of habitat 
and other ameliorative programs, to the extent possible (see also the 
guidelines issued pursuant to section 305(b) of the Magnuson-Stevens Act 
for Council actions concerning essential fish habitat).
    (5) Secretarial approval of status determination criteria. 
Secretarial approval or disapproval of proposed status determination 
criteria will be based on consideration of whether the proposal:
    (i) Has sufficient scientific merit.
    (ii) Contains the elements described in paragraph (d)(2) of this 
section.
    (iii) Provides a basis for objective measurement of the status of 
the stock or stock complex against the criteria.
    (iv) Is operationally feasible.
    (6) Exceptions. There are certain limited exceptions to the 
requirement to prevent overfishing. Harvesting one species of a mixed-
stock complex at its optimum level may result in the overfishing of 
another stock component in the complex. A Council may decide to permit 
this type of overfishing only if all of the following conditions are 
satisfied:
    (i) It is demonstrated by analysis (paragraph (f)(6) of this 
section) that such action will result in long-term net benefits to the 
Nation.
    (ii) It is demonstrated by analysis that mitigating measures have 
been considered and that a similar level of long-term net benefits 
cannot be achieved by modifying fleet behavior, gear selection/
configuration, or other technical characteristic in a manner such that 
no overfishing would occur.
    (iii) The resulting rate or level of fishing mortality will not 
cause any species or evolutionarily significant unit thereof to require 
protection under the ESA.
    (e) Ending overfishing and rebuilding overfished stocks-- (1) 
Definition. A threshold, either maximum fishing mortality or minimum 
stock size, is being ``approached'' whenever it is projected that the 
threshold will be breached within 2 years, based on trends in fishing 
effort, fishery resource size, and other appropriate factors.
    (2) Notification. The Secretary will immediately notify a Council 
and request that remedial action be taken whenever the Secretary 
determines that:
    (i) Overfishing is occurring;
    (ii) A stock or stock complex is overfished;
    (iii) The rate or level of fishing mortality for a stock or stock 
complex is approaching the maximum fishing mortality threshold;
    (iv) A stock or stock complex is approaching its minimum stock size 
threshold; or
    (v) Existing remedial action taken for the purpose of ending 
previously identified overfishing or rebuilding a previously identified 
overfished stock or stock complex has not resulted in adequate progress.
    (3) Council action. Within 1 year of such time as the Secretary may 
identify that overfishing is occurring, that a stock or stock complex is 
overfished, or that a threshold is being approached, or such time as a 
Council may be notified of the same under paragraph (e)(2) of this 
section, the Council must take remedial action by preparing an FMP, FMP 
amendment, or proposed regulations. This remedial action must be 
designed to accomplish all of the following purposes that apply:
    (i) If overfishing is occurring, the purpose of the action is to end 
overfishing.
    (ii) If the stock or stock complex is overfished, the purpose of the 
action is

[[Page 29]]

to rebuild the stock or stock complex to the MSY level within an 
appropriate time frame.
    (iii) If the rate or level of fishing mortality is approaching the 
maximum fishing mortality threshold (from below), the purpose of the 
action is to prevent this threshold from being reached.
    (iv) If the stock or stock complex is approaching the minimum stock 
size threshold (from above), the purpose of the action is to prevent 
this threshold from being reached.
    (4) Constraints on Council action. (i) In cases where overfishing is 
occurring, Council action must be sufficient to end overfishing.
    (ii) In cases where a stock or stock complex is overfished, Council 
action must specify a time period for rebuilding the stock or stock 
complex that satisfies the requirements of section 304(e)(4)(A) of the 
Magnuson-Stevens Act.
    (A) A number of factors enter into the specification of the time 
period for rebuilding:
    (1) The status and biology of the stock or stock complex;
    (2) Interactions between the stock or stock complex and other 
components of the marine ecosystem (also referred to as ``other 
environmental conditions'');
    (3) The needs of fishing communities;
    (4) Recommendations by international organizations in which the 
United States participates; and
    (5) Management measures under an international agreement in which 
the United States participates.
    (B) These factors enter into the specification of the time period 
for rebuilding as follows:
    (1) The lower limit of the specified time period for rebuilding is 
determined by the status and biology of the stock or stock complex and 
its interactions with other components of the marine ecosystem, and is 
defined as the amount of time that would be required for rebuilding if 
fishing mortality were eliminated entirely.
    (2) If the lower limit is less than 10 years, then the specified 
time period for rebuilding may be adjusted upward to the extent 
warranted by the needs of fishing communities and recommendations by 
international organizations in which the United States participates, 
except that no such upward adjustment can result in the specified time 
period exceeding 10 years, unless management measures under an 
international agreement in which the United States participates dictate 
otherwise.
    (3) If the lower limit is 10 years or greater, then the specified 
time period for rebuilding may be adjusted upward to the extent 
warranted by the needs of fishing communities and recommendations by 
international organizations in which the United States participates, 
except that no such upward adjustment can exceed the rebuilding period 
calculated in the absence of fishing mortality, plus one mean generation 
time or equivalent period based on the species' life-history 
characteristics. For example, suppose a stock could be rebuilt within 12 
years in the absence of any fishing mortality, and has a mean generation 
time of 8 years. The rebuilding period, in this case, could be as long 
as 20 years.
    (C) A rebuilding program undertaken after May 1, 1998 commences as 
soon as the first measures to rebuild the stock or stock complex are 
implemented.
    (D) In the case of rebuilding plans that were already in place as of 
May 1, 1998, such rebuilding plans must be reviewed to determine whether 
they are in compliance with all requirements of the Magnuson-Stevens 
Act, as amended by the Sustainable Fisheries Act.
    (iii) For fisheries managed under an international agreement, 
Council action must reflect traditional participation in the fishery, 
relative to other nations, by fishermen of the United States.
    (5) Interim measures. The Secretary, on his/her own initiative or in 
response to a Council request, may implement interim measures to reduce 
overfishing under section 305(c) of the Magnuson-Stevens Act, until such 
measures can be replaced by an FMP, FMP amendment, or regulations taking 
remedial action.
    (i) These measures may remain in effect for no more than 180 days, 
but may be extended for an additional 180 days if the public has had an 
opportunity to comment on the measures and, in the case of Council-
recommended measures, the Council is actively preparing

[[Page 30]]

an FMP, FMP amendment, or proposed regulations to address overfishing on 
a permanent basis. Such measures, if otherwise in compliance with the 
provisions of the Magnuson-Stevens Act, may be implemented even though 
they are not sufficient by themselves to stop overfishing of a fishery.
    (ii) If interim measures are made effective without prior notice and 
opportunity for comment, they should be reserved for exceptional 
situations, because they affect fishermen without providing the usual 
procedural safeguards. A Council recommendation for interim measures 
without notice-and-comment rulemaking will be considered favorably if 
the short-term benefits of the measures in reducing overfishing outweigh 
the value of advance notice, public comment, and deliberative 
consideration of the impacts on participants in the fishery.
    (f) OY--(1) Definitions. (i) The term ``optimum,'' with respect to 
the yield from a fishery, means the amount of fish that will provide the 
greatest overall benefit to the Nation, particularly with respect to 
food production and recreational opportunities and taking into account 
the protection of marine ecosystems; that is prescribed on the basis of 
the MSY from the fishery, as reduced by any relevant economic, social, 
or ecological factor; and, in the case of an overfished fishery, that 
provides for rebuilding to a level consistent with producing the MSY in 
such fishery.
    (ii) In national standard 1, use of the phrase ``achieving, on a 
continuing basis, the OY from each fishery'' means producing, from each 
fishery, a long-term series of catches such that the average catch is 
equal to the average OY and such that status determination criteria are 
met.
    (2) Values in determination. In determining the greatest benefit to 
the Nation, these values that should be weighed are food production, 
recreational opportunities, and protection afforded to marine 
ecosystems. They should receive serious attention when considering the 
economic, social, or ecological factors used in reducing MSY to obtain 
OY.
    (i) The benefits of food production are derived from providing 
seafood to consumers, maintaining an economically viable fishery 
together with its attendant contributions to the national, regional, and 
local economies, and utilizing the capacity of the Nation's fishery 
resources to meet nutritional needs.
    (ii) The benefits of recreational opportunities reflect the quality 
of both the recreational fishing experience and non-consumptive fishery 
uses such as ecotourism, fish watching, and recreational diving, and the 
contribution of recreational fishing to the national, regional, and 
local economies and food supplies.
    (iii) The benefits of protection afforded to marine ecosystems are 
those resulting from maintaining viable populations (including those of 
unexploited species), maintaining evolutionary and ecological processes 
(e.g., disturbance regimes, hydrological processes, nutrient cycles), 
maintaining the evolutionary potential of species and ecosystems, and 
accommodating human use.
    (3) Factors relevant to OY. Because fisheries have finite 
capacities, any attempt to maximize the measures of benefit described in 
paragraph (f)(2) of this section will inevitably encounter practical 
constraints. One of these is MSY. Moreover, various factors can 
constrain the optimum level of catch to a value less than MSY. The 
Magnuson-Stevens Act's definition of OY identifies three categories of 
such factors: Social, economic, and ecological. Not every factor will be 
relevant in every fishery. For some fisheries, insufficient information 
may be available with respect to some factors to provide a basis for 
corresponding reductions in MSY.
    (i) Social factors. Examples are enjoyment gained from recreational 
fishing, avoidance of gear conflicts and resulting disputes, 
preservation of a way of life for fishermen and their families, and 
dependence of local communities on a fishery. Other factors that may be 
considered include the cultural place of subsistence fishing, 
obligations under Indian treaties, and worldwide nutritional needs.
    (ii) Economic factors. Examples are prudent consideration of the 
risk of overharvesting when a stock's size or

[[Page 31]]

productive capacity is uncertain, satisfaction of consumer and 
recreational needs, and encouragement of domestic and export markets for 
U.S.-harvested fish. Other factors that may be considered include the 
value of fisheries, the level of capitalization, the decrease in cost 
per unit of catch afforded by an increase in stock size, and the 
attendant increase in catch per unit of effort, alternate employment 
opportunities, and economies of coastal areas.
    (iii) Ecological factors. Examples are stock size and age 
composition, the vulnerability of incidental or unregulated stocks in a 
mixed-stock fishery, predator-prey or competitive interactions, and 
dependence of marine mammals and birds or endangered species on a stock 
of fish. Also important are ecological or environmental conditions that 
stress marine organisms, such as natural and manmade changes in wetlands 
or nursery grounds, and effects of pollutants on habitat and stocks.
    (4) Specification. (i) The amount of fish that constitutes the OY 
should be expressed in terms of numbers or weight of fish. However, OY 
may be expressed as a formula that converts periodic stock assessments 
into target harvest levels; in terms of an annual harvest of fish or 
shellfish having a minimum weight, length, or other measurement; or as 
an amount of fish taken only in certain areas, in certain seasons, with 
particular gear, or by a specified amount of fishing effort.
    (ii) Either a range or a single value may be specified for OY. 
Specification of a numerical, fixed-value OY does not preclude use of 
annual target harvest levels that vary with stock size. Such target 
harvest levels may be prescribed on the basis of an OY control rule 
similar to the MSY control rule described in paragraph (c)(1)(ii) of 
this section, but designed to achieve OY on average, rather than MSY. 
The annual harvest level obtained under an OY control rule must always 
be less than or equal to the harvest level that would be obtained under 
the MSY control rule.
    (iii) All fishing mortality must be counted against OY, including 
that resulting from bycatch, scientific research, and any other fishing 
activities.
    (iv) The OY specification should be translatable into an annual 
numerical estimate for the purposes of establishing any TALFF and 
analyzing impacts of the management regime. There should be a mechanism 
in the FMP for periodic reassessment of the OY specification, so that it 
is responsive to changing circumstances in the fishery.
    (v) The determination of OY requires a specification of MSY, which 
may not always be possible or meaningful. However, even where sufficient 
scientific data as to the biological characteristics of the stock do not 
exist, or where the period of exploitation or investigation has not been 
long enough for adequate understanding of stock dynamics, or where 
frequent large-scale fluctuations in stock size diminish the 
meaningfulness of the MSY concept, the OY must still be based on the 
best scientific information available. When data are insufficient to 
estimate MSY directly, Councils should adopt other measures of 
productive capacity that can serve as reasonable proxies for MSY to the 
extent possible (also see paragraph (c)(3) of this section).
    (vi) In a mixed-stock fishery, specification of a fishery-wide OY 
may be accompanied by management measures establishing separate annual 
target harvest levels for the individual stocks. In such cases, the sum 
of the individual target levels should not exceed OY.
    (5) OY and the precautionary approach. In general, Councils should 
adopt a precautionary approach to specification of OY. A precautionary 
approach is characterized by three features:
    (i) Target reference points, such as OY, should be set safely below 
limit reference points, such as the catch level associated with the 
fishing mortality rate or level defined by the status determination 
criteria. Because it is a target reference point, OY does not constitute 
an absolute ceiling, but rather a desired result. An FMP must contain 
conservation and management measures to achieve OY, and provisions for 
information collection that are designed to determine the degree to 
which OY is achieved on a continuing basis--that is, to result in a 
long-term average catch equal to the long-term average OY, while meeting 
the status

[[Page 32]]

determination criteria. These measures should allow for practical and 
effective implementation and enforcement of the management regime, so 
that the harvest is allowed to reach OY, but not to exceed OY by a 
substantial amount. The Secretary has an obligation to implement and 
enforce the FMP so that OY is achieved. If management measures prove 
unenforceable--or too restrictive, or not rigorous enough to realize 
OY--they should be modified; an alternative is to reexamine the adequacy 
of the OY specification. Exceeding OY does not necessarily constitute 
overfishing. However, even if no overfishing resulted from exceeding OY, 
continual harvest at a level above OY would violate national standard 1, 
because OY was not achieved on a continuing basis.
    (ii) A stock or stock complex that is below the size that would 
produce MSY should be harvested at a lower rate or level of fishing 
mortality than if the stock or stock complex were above the size that 
would produce MSY.
    (iii) Criteria used to set target catch levels should be explicitly 
risk averse, so that greater uncertainty regarding the status or 
productive capacity of a stock or stock complex corresponds to greater 
caution in setting target catch levels. Part of the OY may be held as a 
reserve to allow for factors such as uncertainties in estimates of stock 
size and DAH. If an OY reserve is established, an adequate mechanism 
should be included in the FMP to permit timely release of the reserve to 
domestic or foreign fishermen, if necessary.
    (6) Analysis. An FMP must contain an assessment of how its OY 
specification was determined (section 303(a)(3) of the Magnuson-Stevens 
Act). It should relate the explanation of overfishing in paragraph (d) 
of this section to conditions in the particular fishery and explain how 
its choice of OY and conservation and management measures will prevent 
overfishing in that fishery. A Council must identify those economic, 
social, and ecological factors relevant to management of a particular 
fishery, then evaluate them to determine the amount, if any, by which 
MSY exceeds OY. The choice of a particular OY must be carefully defined 
and documented to show that the OY selected will produce the greatest 
benefit to the Nation. If overfishing is permitted under paragraph 
(d)(6) of this section, the assessment must contain a justification in 
terms of overall benefits, including a comparison of benefits under 
alternative management measures, and an analysis of the risk of any 
species or ecologically significant unit thereof reaching a threatened 
or endangered status, as well as the risk of any stock or stock complex 
falling below its minimum stock size threshold.
    (7) OY and foreign fishing. Section 201(d) of the Magnuson-Stevens 
Act provides that fishing by foreign nations is limited to that portion 
of the OY that will not be harvested by vessels of the United States.
    (i) DAH. Councils must consider the capacity of, and the extent to 
which, U.S. vessels will harvest the OY on an annual basis. Estimating 
the amount that U.S. fishing vessels will actually harvest is required 
to determine the surplus.
    (ii) DAP. Each FMP must assess the capacity of U.S. processors. It 
must also assess the amount of DAP, which is the sum of two estimates: 
The estimated amount of U.S. harvest that domestic processors will 
process, which may be based on historical performance or on surveys of 
the expressed intention of manufacturers to process, supported by 
evidence of contracts, plant expansion, or other relevant information; 
and the estimated amount of fish that will be harvested by domestic 
vessels, but not processed (e.g., marketed as fresh whole fish, used for 
private consumption, or used for bait).
    (iii) JVP. When DAH exceeds DAP, the surplus is available for JVP. 
JVP is derived from DAH.

[63 FR 24229, May 1, 1998]



Sec. 600.315  National Standard 2--Scientific Information.

    (a) Standard 2. Conservation and management measures shall be based 
upon the best scientific information available.
    (b) FMP development. The fact that scientific information concerning 
a fishery is incomplete does not prevent the preparation and 
implementation of

[[Page 33]]

an FMP (see related Secs. 600.320(d)(2) and 600.340(b).
    (1) Scientific information includes, but is not limited to, 
information of a biological, ecological, economic, or social nature. 
Successful fishery management depends, in part, on the timely 
availability, quality, and quantity of scientific information, as well 
as on the thorough analysis of this information, and the extent to which 
the information is applied. If there are conflicting facts or opinions 
relevant to a particular point, a Council may choose among them, but 
should justify the choice.
    (2) FMPs must take into account the best scientific information 
available at the time of preparation. Between the initial drafting of an 
FMP and its submission for final review, new information often becomes 
available. This new information should be incorporated into the final 
FMP where practicable; but it is unnecessary to start the FMP process 
over again, unless the information indicates that drastic changes have 
occurred in the fishery that might require revision of the management 
objectives or measures.
    (c) FMP implementation. (1) An FMP must specify whatever information 
fishermen and processors will be required or requested to submit to the 
Secretary. Information about harvest within state boundaries, as well as 
in the EEZ, may be collected if it is needed for proper implementation 
of the FMP and cannot be obtained otherwise. The FMP should explain the 
practical utility of the information specified in monitoring the 
fishery, in facilitating inseason management decisions, and in judging 
the performance of the management regime; it should also consider the 
effort, cost, or social impact of obtaining it.
    (2) An FMP should identify scientific information needed from other 
sources to improve understanding and management of the resource, marine 
ecosystem, and the fishery (including fishing communities).
    (3) The information submitted by various data suppliers should be 
comparable and compatible, to the maximum extent possible.
    (d) FMP amendment. FMPs should be amended on a timely basis, as new 
information indicates the necessity for change in objectives or 
management measures.
    (e) SAFE Report. (1) The SAFE report is a document or set of 
documents that provides Councils with a summary of information 
concerning the most recent biological condition of stocks and the marine 
ecosystems in the FMU and the social and economic condition of the 
recreational and commercial fishing interests, fishing communities, and 
the fish processing industries. It summarizes, on a periodic basis, the 
best available scientific information concerning the past, present, and 
possible future condition of the stocks, marine ecosystems, and 
fisheries being managed under Federal regulation.
    (i) The Secretary has the responsibility to assure that a SAFE 
report or similar document is prepared, reviewed annually, and changed 
as necessary for each FMP. The Secretary or Councils may utilize any 
combination of talent from Council, state, Federal, university, or other 
sources to acquire and analyze data and produce the SAFE report.
    (ii) The SAFE report provides information to the Councils for 
determining annual harvest levels from each stock, documenting 
significant trends or changes in the resource, marine ecosystems, and 
fishery over time, and assessing the relative success of existing state 
and Federal fishery management programs. Information on bycatch and 
safety for each fishery should also be summarized. In addition, the SAFE 
report may be used to update or expand previous environmental and 
regulatory impact documents, and ecosystem and habitat descriptions.
    (iii) Each SAFE report must be scientifically based, and cite data 
sources and interpretations.
    (2) Each SAFE report should contain information on which to base 
harvest specifications.
    (3) Each SAFE report should contain a description of the maximum 
fishing mortality threshold and the minimum stock size threshold for 
each stock or stock complex, along with information by which the Council 
may determine:
    (i) Whether overfishing is occurring with respect to any stock or 
stock complex, whether any stock or stock

[[Page 34]]

complex is overfished, whether the rate or level of fishing mortality 
applied to any stock or stock complex is approaching the maximum fishing 
mortality threshold, and whether the size of any stock or stock complex 
is approaching the minimum stock size threshold.
    (ii) Any management measures necessary to provide for rebuilding an 
overfished stock or stock complex (if any) to a level consistent with 
producing the MSY in such fishery.
    (4) Each SAFE report may contain additional economic, social, 
community, essential fish habitat, and ecological information pertinent 
to the success of management or the achievement of objectives of each 
FMP.
    (5) Each SAFE report may contain additional economic, social, and 
ecological information pertinent to the success of management or the 
achievement of objectives of each FMP.

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



Sec. 600.320  National Standard 3--Management Units.

    (a) Standard 3. To the extent practicable, an individual stock of 
fish shall be managed as a unit throughout its range, and interrelated 
stocks of fish shall be managed as a unit or in close coordination.
    (b) General. The purpose of this standard is to induce a 
comprehensive approach to fishery management. The geographic scope of 
the fishery, for planning purposes, should cover the entire range of the 
stocks(s) of fish, and not be overly constrained by political 
boundaries. Wherever practicable, an FMP should seek to manage 
interrelated stocks of fish.
    (c) Unity of management. Cooperation and understanding among 
entities concerned with the fishery (e.g., Councils, states, Federal 
Government, international commissions, foreign nations) are vital to 
effective management. Where management of a fishery involves multiple 
jurisdictions, coordination among the several entities should be sought 
in the development of an FMP. Where a range overlaps Council areas, one 
FMP to cover the entire range is preferred. The Secretary designates 
which Council(s) will prepare the FMP, under section 304(f) of the 
Magnuson-Stevens Act.
    (d) Management unit. The term ``management unit'' means a fishery or 
that portion of a fishery identified in an FMP as relevant to the FMP's 
management objectives.
    (1) Basis. The choice of a management unit depends on the focus of 
the FMP's objectives, and may be organized around biological, 
geographic, economic, technical, social, or ecological perspectives. For 
example:
    (i) Biological--could be based on a stock(s) throughout its range.
    (ii) Geographic--could be an area.
    (iii) Economic--could be based on a fishery supplying specific 
product forms.
    (iv) Technical--could be based on a fishery utilizing a specific 
gear type or similar fishing practices.
    (v) Social--could be based on fishermen as the unifying element, 
such as when the fishermen pursue different species in a regular pattern 
throughout the year.
    (vi) Ecological--could be based on species that are associated in 
the ecosystem or are dependent on a particular habitat.
    (2) Conservation and management measures. FMPs should include 
conservation and management measures for that part of the management 
unit within U.S. waters, although the Secretary can ordinarily implement 
them only within the EEZ. The measures need not be identical for each 
geographic area within the management unit, if the FMP justifies the 
differences. A management unit may contain, in addition to regulated 
species, stocks of fish for which there is not enough information 
available to specify MSY and OY or to establish management measures, so 
that data on these species may be collected under the FMP.
    (e) Analysis. To document that an FMP is as comprehensive as 
practicable, it should include discussions of the following:
    (1) The range and distribution of the stocks, as well as the 
patterns of fishing effort and harvest.
    (2) Alternative management units and reasons for selecting a 
particular one. A less-than-comprehensive management unit may be 
justified if, for

[[Page 35]]

example, complementary management exits or is planned for a separate 
geographic area or for a distinct use of the stocks, or if the unmanaged 
portion of the resource is immaterial to proper management.
    (3) Management activities and habitat programs of adjacent states 
and their effects on the FMP's objectives and management measures. Where 
state action is necessary to implement measures within state waters to 
achieve FMP objectives, the FMP should identify what state action is 
necessary, discuss the consequences of state inaction or contrary 
action, and make appropriate recommendations. The FMP should also 
discuss the impact that Federal regulations will have on state 
management activities.
    (4) Management activities of other countries having an impact on the 
fishery, and how the FMP's management measures are designed to take into 
account these impacts. International boundaries may be dealt with in 
several ways. For example:
    (i) By limiting the management unit's scope to that portion of the 
stock found in U.S. waters;
    (ii) By estimating MSY for the entire stock and then basing the 
determination of OY for the U.S. fishery on the portion of the stock 
within U.S. waters; or
    (iii) By referring to treaties or cooperative agreements.

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



Sec. 600.325  National Standard 4--Allocations.

    (a) Standard 4. Conservation and management measures shall not 
discriminate between residents of different states. If it becomes 
necessary to allocate or assign fishing privileges among various U.S. 
fishermen, such allocation shall be:
    (1) Fair and equitable to all such fishermen.
    (2) Reasonably calculated to promote conservation.
    (3) Carried out in such manner that no particular individual, 
corporation, or other entity acquires an excessive share of such 
privileges.
    (b) Discrimination among residents of different states. An FMP may 
not differentiate among U.S. citizens, nationals, resident aliens, or 
corporations on the basis of their state of residence. An FMP may not 
incorporate or rely on a state statute or regulation that discriminates 
against residents of another state. Conservation and management measures 
that have different effects on persons in various geographic locations 
are permissible if they satisfy the other guidelines under Standard 4. 
Examples of these precepts are:
    (1) An FMP that restricted fishing in the EEZ to those holding a 
permit from state X would violate Standard 4 if state X issued permits 
only to its own citizens.
    (2) An FMP that closed a spawning ground might disadvantage 
fishermen living in the state closest to it, because they would have to 
travel farther to an open area, but the closure could be justified under 
Standard 4 as a conservation measure with no discriminatory intent.
    (c) Allocation of fishing privileges. An FMP may contain management 
measures that allocate fishing privileges if such measures are necessary 
or helpful in furthering legitimate objectives or in achieving the OY, 
and if the measures conform with paragraphs (c)(3)(i) through 
(c)(3)(iii) of this section.
    (1) Definition. An ``allocation'' or ``assignment'' of fishing 
privileges is a direct and deliberate distribution of the opportunity to 
participate in a fishery among identifiable, discrete user groups or 
individuals. Any management measure (or lack of management) has 
incidental allocative effects, but only those measures that result in 
direct distributions of fishing privileges will be judged against the 
allocation requirements of Standard 4. Adoption of an FMP that merely 
perpetuates existing fishing practices may result in an allocation, if 
those practices directly distribute the opportunity to participate in 
the fishery. Allocations of fishing privileges include, for example, 
per-vessel catch limits, quotas by vessel class and gear type, different 
quotas or fishing seasons for recreational and commercial fishermen, 
assignment of ocean areas to different gear users, and limitation of 
permits to a certain number of vessels or fishermen.

[[Page 36]]

    (2) Analysis of allocations. Each FMP should contain a description 
and analysis of the allocations existing in the fishery and of those 
made in the FMP. The effects of eliminating an existing allocation 
system should be examined. Allocation schemes considered, but rejected 
by the Council, should be included in the discussion. The analysis 
should relate the recommended allocations to the FMP's objectives and OY 
specification, and discuss the factors listed in paragraph (c)(3) of 
this section.
    (3) Factors in making allocations. An allocation of fishing 
privileges must be fair and equitable, must be reasonably calculated to 
promote conservation, and must avoid excessive shares. These tests are 
explained in paragraphs (c)(3)(i) through (c)(3)(iii) of this section:
    (i) Fairness and equity. (A) An allocation of fishing privileges 
should be rationally connected to the achievement of OY or with the 
furtherance of a legitimate FMP objective. Inherent in an allocation is 
the advantaging of one group to the detriment of another. The motive for 
making a particular allocation should be justified in terms of the 
objectives of the FMP; otherwise, the disadvantaged user groups or 
individuals would suffer without cause. For instance, an FMP objective 
to preserve the economic status quo cannot be achieved by excluding a 
group of long-time participants in the fishery. On the other hand, there 
is a rational connection between an objective of harvesting shrimp at 
their maximum size and closing a nursery area to trawling.
    (B) An allocation of fishing privileges may impose a hardship on one 
group if it is outweighed by the total benefits received by another 
group or groups. An allocation need not preserve the status quo in the 
fishery to qualify as ``fair and equitable,'' if a restructuring of 
fishing privileges would maximize overall benefits. The Council should 
make an initial estimate of the relative benefits and hardships imposed 
by the allocation, and compare its consequences with those of 
alternative allocation schemes, including the status quo. Where 
relevant, judicial guidance and government policy concerning the rights 
of treaty Indians and aboriginal Americans must be considered in 
determining whether an allocation is fair and equitable.
    (ii) Promotion of conservation. Numerous methods of allocating 
fishing privileges are considered ``conservation and management'' 
measures under section 303 of the Magnuson-Stevens Act. An allocation 
scheme may promote conservation by encouraging a rational, more easily 
managed use of the resource. Or, it may promote conservation (in the 
sense of wise use) by optimizing the yield in terms of size, value, 
market mix, price, or economic or social benefit of the product. To the 
extent that rebuilding plans or other conservation and management 
measures that reduce the overall harvest in a fishery are necessary, any 
harvest restrictions or recovery benefits must be allocated fairly and 
equitably among the commercial, recreational, and charter fishing 
sectors of the fishery.
    (iii) Avoidance of excessive shares. An allocation scheme must be 
designed to deter any person or other entity from acquiring an excessive 
share of fishing privileges, and to avoid creating conditions fostering 
inordinate control, by buyers or sellers, that would not otherwise 
exist.
    (iv) Other factors. In designing an allocation scheme, a Council 
should consider other factors relevant to the FMP's objectives. Examples 
are economic and social consequences of the scheme, food production, 
consumer interest, dependence on the fishery by present participants and 
coastal communities, efficiency of various types of gear used in the 
fishery, transferability of effort to and impact on other fisheries, 
opportunity for new participants to enter the fishery, and enhancement 
of opportunities for recreational fishing.

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



Sec. 600.330  National Standard 5--Efficiency.

    (a) Standard 5. Conservation and management measures shall, where 
practicable, consider efficiency in the utilization of fishery 
resources; except that no such measure shall have economic allocation as 
its sole purpose.

[[Page 37]]

    (b) Efficiency in the utilization of resources--(1) General. The 
term ``utilization'' encompasses harvesting, processing, marketing, and 
non-consumptive uses of the resource, since management decisions affect 
all sectors of the industry. In considering efficient utilization of 
fishery resources, this standard highlights one way that a fishery can 
contribute to the Nation's benefit with the least cost to society: Given 
a set of objectives for the fishery, an FMP should contain management 
measures that result in as efficient a fishery as is practicable or 
desirable.
    (2) Efficiency. In theory, an efficient fishery would harvest the OY 
with the minimum use of economic inputs such as labor, capital, 
interest, and fuel. Efficiency in terms of aggregate costs then becomes 
a conservation objective, where ``conservation'' constitutes wise use of 
all resources involved in the fishery, not just fish stocks.
    (i) In an FMP, management measures may be proposed that allocate 
fish among different groups of individuals or establish a system of 
property rights. Alternative measures examined in searching for an 
efficient outcome will result in different distributions of gains and 
burdens among identifiable user groups. An FMP should demonstrate that 
management measures aimed at efficiency do not simply redistribute gains 
and burdens without an increase in efficiency.
    (ii) Management regimes that allow a fishery to operate at the 
lowest possible cost (e.g., fishing effort, administration, and 
enforcement) for a particular level of catch and initial stock size are 
considered efficient. Restrictive measures that unnecessarily raise any 
of those costs move the regime toward inefficiency. Unless the use of 
inefficient techniques or the creation of redundant fishing capacity 
contributes to the attainment of other social or biological objectives, 
an FMP may not contain management measures that impede the use of cost-
effective techniques of harvesting, processing, or marketing, and should 
avoid creating strong incentives for excessive investment in private 
sector fishing capital and labor.
    (c) Limited access. A ``system for limiting access,'' which is an 
optional measure under section 303(b) of the Magnuson-Stevens Act, is a 
type of allocation of fishing privileges that may be considered to 
contribute to economic efficiency or conservation. For example, limited 
access may be used to combat overfishing, overcrowding, or 
overcapitalization in a fishery to achieve OY. In an unutilized or 
underutilized fishery, it may be used to reduce the chance that these 
conditions will adversely affect the fishery in the future, or to 
provide adequate economic return to pioneers in a new fishery. In some 
cases, limited entry is a useful ingredient of a conservation scheme, 
because it facilitates application and enforcement of other management 
measures.
    (1) Definition. Limited access (or limited entry) is a management 
technique that attempts to limit units of effort in a fishery, usually 
for the purpose of reducing economic waste, improving net economic 
return to the fishermen, or capturing economic rent for the benefit of 
the taxpayer or the consumer. Common forms of limited access are 
licensing of vessels, gear, or fishermen to reduce the number of units 
of effort, and dividing the total allowable catch into fishermen's 
quotas (a stock-certificate system). Two forms (i.e., Federal fees for 
licenses or permits in excess of administrative costs, and taxation) are 
not permitted under the Magnuson-Stevens Act, except for fees allowed 
under section 304(d)(2).
    (2) Factors to consider. The Magnuson-Stevens Act ties the use of 
limited access to the achievement of OY. An FMP that proposes a limited 
access system must consider the factors listed in section 303(b)(6) of 
the Magnuson-Stevens Act and in Sec. 600.325(c)(3). In addition, it 
should consider the criteria for qualifying for a permit, the nature of 
the interest created, whether to make the permit transferable, and the 
Magnuson-Stevens Act's limitations on returning economic rent to the 
public under section 304(d). The FMP should also discuss the costs of 
achieving an appropriate distribution of fishing privileges.
    (d) Analysis. An FMP should discuss the extent to which 
overcapitalization, congestion, economic waste, and inefficient 
techniques in the fishery reduce

[[Page 38]]

the net benefits derived from the management unit and prevent the 
attainment and appropriate allocation of OY. It should also explain, in 
terms of the FMP's objectives, any restriction placed on the use of 
efficient techniques of harvesting, processing, or marketing. If, during 
FMP development, the Council considered imposing a limited-entry system, 
the FMP should analyze the Council's decision to recommend or reject 
limited access as a technique to achieve efficient utilization of the 
resources of the fishing industry.
    (e) Economic allocation. This standard prohibits only those measures 
that distribute fishery resources among fishermen on the basis of 
economic factors alone, and that have economic allocation as their only 
purpose. Where conservation and management measures are recommended that 
would change the economic structure of the industry or the economic 
conditions under which the industry operates, the need for such measures 
must be justified in light of the biological, ecological, and social 
objectives of the FMP, as well as the economic objectives.

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



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

    (a) Standard 6. Conservation and management measures shall take into 
account and allow for variations among, and contingencies in, fisheries, 
fishery resources, and catches.
    (b) Conservation and management. Each fishery exhibits unique 
uncertainties. The phrase ``conservation and management'' implies the 
wise use of fishery resources through a management regime that includes 
some protection against these uncertainties. The particular regime 
chosen must be flexible enough to allow timely response to resource, 
industry, and other national and regional needs. Continual data 
acquisition and analysis will help the development of management 
measures to compensate for variations and to reduce the need for 
substantial buffers. Flexibility in the management regime and the 
regulatory process will aid in responding to contingencies.
    (c) Variations. (1) In fishery management terms, variations arise 
from biological, social, and economic occurrences, as well as from 
fishing practices. Biological uncertainties and lack of knowledge can 
hamper attempts to estimate stock size and strength, stock location in 
time and space, environmental/habitat changes, and ecological 
interactions. Economic uncertainty may involve changes in foreign or 
domestic market conditions, changes in operating costs, drifts toward 
overcapitalization, and economic perturbations caused by changed fishing 
patterns. Changes in fishing practices, such as the introduction of new 
gear, rapid increases or decreases in harvest effort, new fishing 
strategies, and the effects of new management techniques, may also 
create uncertainties. Social changes could involve increases or 
decreases in recreational fishing, or the movement of people into or out 
of fishing activities due to such factors as age or educational 
opportunities.
    (2) Every effort should be made to develop FMPs that discuss and 
take into account these vicissitudes. To the extent practicable, FMPs 
should provide a suitable buffer in favor of conservation. Allowances 
for uncertainties should be factored into the various elements of an 
FMP. Examples are:
    (i) Reduce OY. Lack of scientific knowledge about the condition of a 
stock(s) could be reason to reduce OY.
    (ii) Establish a reserve. Creation of a reserve may compensate for 
uncertainties in estimating domestic harvest, stock conditions, or 
environmental factors.
    (iii) Adjust management techniques. In the absence of adequate data 
to predict the effect of a new regime, and to avoid creating unwanted 
variations, a Council could guard against producing drastic changes in 
fishing patterns, allocations, or practices.
    (iv) Highlight habitat conditions. FMPs may address the impact of 
pollution and the effects of wetland and estuarine degradation on the 
stocks of fish; identify causes of pollution and habitat degradation and 
the authorities having jurisdiction to regulate or influence such 
activities; propose recommendations that the Secretary will convey to 
those authorities to alleviate such

[[Page 39]]

problems; and state the views of the Council on unresolved or 
anticipated issues.
    (d) Contingencies. Unpredictable events--such as unexpected resource 
surges or failures, fishing effort greater than anticipated, disruptive 
gear conflicts, climatic conditions, or environmental catastrophes--are 
best handled by establishing a flexible management regime that contains 
a range of management options through which it is possible to act 
quickly without amending the FMP or even its regulations.
    (1) The FMP should describe the management options and their 
consequences in the necessary detail to guide the Secretary in 
responding to changed circumstances, so that the Council preserves its 
role as policy-setter for the fishery. The description should enable the 
public to understand what may happen under the flexible regime, and to 
comment on the options.
    (2) FMPs should include criteria for the selection of management 
measures, directions for their application, and mechanisms for timely 
adjustment of management measures comprising the regime. For example, an 
FMP could include criteria that allow the Secretary to open and close 
seasons, close fishing grounds, or make other adjustments in management 
measures.
    (3) Amendment of a flexible FMP would be necessary when 
circumstances in the fishery change substantially, or when a Council 
adopts a different management philosophy and objectives.



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

    (a) Standard 7. Conservation and management measures shall, where 
practicable, minimize costs and avoid unnecessary duplication.
    (b) Necessity of Federal management--(1) General. The principle that 
not every fishery needs regulation is implicit in this standard. The 
Magnuson-Stevens Act requires Councils to prepare FMPs only for 
overfished fisheries and for other fisheries where regulation would 
serve some useful purpose and where the present or future benefits of 
regulation would justify the costs. For example, the need to collect 
data about a fishery is not, by itself, adequate justification for 
preparation of an FMP, since there are less costly ways to gather the 
data (see Sec. 600.320(d)(2). In some cases, the FMP preparation process 
itself, even if it does not culminate in a document approved by the 
Secretary, can be useful in supplying a basis for management by one or 
more coastal states.
    (2) Criteria. In deciding whether a fishery needs management through 
regulations implementing an FMP, the following general factors should be 
considered, among others:
    (i) The importance of the fishery to the Nation and to the regional 
economy.
    (ii) The condition of the stock or stocks of fish and whether an FMP 
can improve or maintain that condition.
    (iii) The extent to which the fishery could be or is already 
adequately managed by states, by state/Federal programs, by Federal 
regulations pursuant to FMPs or international commissions, or by 
industry self-regulation, consistent with the policies and standards of 
the Magnuson-Stevens Act.
    (iv) The need to resolve competing interests and conflicts among 
user groups and whether an FMP can further that resolution.
    (v) The economic condition of a fishery and whether an FMP can 
produce more efficient utilization.
    (vi) The needs of a developing fishery, and whether an FMP can 
foster orderly growth.
    (vii) The costs associated with an FMP, balanced against the 
benefits (see paragraph (d) of this section as a guide).
    (c) Alternative management measures. Management measures should not 
impose unnecessary burdens on the economy, on individuals, on private or 
public organizations, or on Federal, state, or local governments. 
Factors such as fuel costs, enforcement costs, or the burdens of 
collecting data may well suggest a preferred alternative.
    (d) Analysis. The supporting analyses for FMPs should demonstrate 
that the benefits of fishery regulation are real and substantial 
relative to the added research, administrative, and enforcement costs, 
as well as costs to the industry of compliance. In determining the 
benefits and costs of management

[[Page 40]]

measures, each management strategy considered and its impacts on 
different user groups in the fishery should be evaluated. This 
requirement need not produce an elaborate, formalistic cost/benefit 
analysis. Rather, an evaluation of effects and costs, especially of 
differences among workable alternatives, including the status quo, is 
adequate. If quantitative estimates are not possible, qualitative 
estimates will suffice.
    (1) Burdens. Management measures should be designed to give 
fishermen the greatest possible freedom of action in conducting business 
and pursuing recreational opportunities that are consistent with 
ensuring wise use of the resources and reducing conflict in the fishery. 
The type and level of burden placed on user groups by the regulations 
need to be identified. Such an examination should include, for example: 
Capital outlays; operating and maintenance costs; reporting costs; 
administrative, enforcement, and information costs; and prices to 
consumers. Management measures may shift costs from one level of 
government to another, from one part of the private sector to another, 
or from the government to the private sector. Redistribution of costs 
through regulations is likely to generate controversy. A discussion of 
these and any other burdens placed on the public through FMP regulations 
should be a part of the FMP's supporting analyses.
    (2) Gains. The relative distribution of gains may change as a result 
of instituting different sets of alternatives, as may the specific type 
of gain. The analysis of benefits should focus on the specific gains 
produced by each alternative set of management measures, including the 
status quo. The benefits to society that result from the alternative 
management measures should be identified, and the level of gain 
assessed.

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



Sec. 600.345  National Standard 8--Communities.

    (a) Standard 8. Conservation and management measures shall, 
consistent with the conservation requirements of the Magnuson-Stevens 
Act (including the prevention of overfishing and rebuilding of 
overfished stocks), take into account the importance of fishery 
resources to fishing communities in order to:
    (1) Provide for the sustained participation of such communities; and
    (2) To the extent practicable, minimize adverse economic impacts on 
such communities.
    (b) General. (1) This standard requires that an FMP take into 
account the importance of fishery resources to fishing communities. This 
consideration, however, is within the context of the conservation 
requirements of the Magnuson-Stevens Act. Deliberations regarding the 
importance of fishery resources to affected fishing communities, 
therefore, must not compromise the achievement of conservation 
requirements and goals of the FMP. Where the preferred alternative 
negatively affects the sustained participation of fishing communities, 
the FMP should discuss the rationale for selecting this alternative over 
another with a lesser impact on fishing communities. All other things 
being equal, where two alternatives achieve similar conservation goals, 
the alternative that provides the greater potential for sustained 
participation of such communities and minimizes the adverse economic 
impacts on such communities would be the preferred alternative.
    (2) This standard does not constitute a basis for allocating 
resources to a specific fishing community nor for providing preferential 
treatment based on residence in a fishing community.
    (3) The term ``fishing community'' means a community that is 
substantially dependent on or substantially engaged in the harvest or 
processing of fishery resources to meet social and economic needs, and 
includes fishing vessel owners, operators, and crew, and fish processors 
that are based in such communities. A fishing community is a social or 
economic group whose members reside in a specific location and share a 
common dependency on commercial, recreational, or subsistence fishing or 
on directly related fisheries-dependent services and industries (for 
example, boatyards, ice suppliers, tackle shops).

[[Page 41]]

    (4) The term ``sustained participation'' means continued access to 
the fishery within the constraints of the condition of the resource.
    (c) Analysis. (1) FMPs must examine the social and economic 
importance of fisheries to communities potentially affected by 
management measures. For example, severe reductions of harvests for 
conservation purposes may decrease employment opportunities for 
fishermen and processing plant workers, thereby adversely affecting 
their families and communities. Similarly, a management measure that 
results in the allocation of fishery resources among competing sectors 
of a fishery may benefit some communities at the expense of others.
    (2) An appropriate vehicle for the analyses under this standard is 
the fishery impact statement required by section 303(a)(9) of the 
Magnuson-Stevens Act. Qualitative and quantitative data may be used, 
including information provided by fishermen, dealers, processors, and 
fisheries organizations and associations. In cases where data are 
severely limited, effort should be directed to identifying and gathering 
needed data.
    (3) To address the sustained participation of fishing communities 
that will be affected by management measures, the analysis should first 
identify affected fishing communities and then assess their differing 
levels of dependence on and engagement in the fishery being regulated. 
The analysis should also specify how that assessment was made. The best 
available data on the history, extent, and type of participation of 
these fishing communities in the fishery should be incorporated into the 
social and economic information presented in the FMP. The analysis does 
not have to contain an exhaustive listing of all communities that might 
fit the definition; a judgment can be made as to which are primarily 
affected. The analysis should discuss each alternative's likely effect 
on the sustained participation of these fishing communities in the 
fishery.
    (4) The analysis should assess the likely positive and negative 
social and economic impacts of the alternative management measures, over 
both the short and the long term, on fishing communities. Any particular 
management measure may economically benefit some communities while 
adversely affecting others. Economic impacts should be considered both 
for individual communities and for the group of all affected communities 
identified in the FMP. Impacts of both consumptive and non-consumptive 
uses of fishery resources should be considered.
    (5) A discussion of social and economic impacts should identify 
those alternatives that would minimize adverse impacts on these fishing 
communities within the constraints of conservation and management goals 
of the FMP, other national standards, and other applicable law.

[63 FR 24234, May 1, 1998]



Sec. 600.350  National Standard 9--Bycatch.

    (a) Standard 9. Conservation and management measures shall, to the 
extent practicable:
    (1) Minimize bycatch; and
    (2) To the extent bycatch cannot be avoided, minimize the mortality 
of such bycatch.
    (b) General. This national standard requires Councils to consider 
the bycatch effects of existing and planned conservation and management 
measures. Bycatch can, in two ways, impede efforts to protect marine 
ecosystems and achieve sustainable fisheries and the full benefits they 
can provide to the Nation. First, bycatch can increase substantially the 
uncertainty concerning total fishing-related mortality, which makes it 
more difficult to assess the status of stocks, to set the appropriate OY 
and define overfishing levels, and to ensure that OYs are attained and 
overfishing levels are not exceeded. Second, bycatch may also preclude 
other more productive uses of fishery resources.
    (c) Definition--Bycatch. The term ``bycatch'' means fish that are 
harvested in a fishery, but that are not sold or kept for personal use. 
Bycatch includes the discard of whole fish at sea or elsewhere, 
including economic discards and regulatory discards, and fishing 
mortality due to an encounter with fishing gear that does not result

[[Page 42]]

in capture of fish (i.e., unobserved fishing mortality). Bycatch does 
not include any fish that legally are retained in a fishery and kept for 
personal, tribal, or cultural use, or that enter commerce through sale, 
barter, or trade. Bycatch does not include fish released alive under a 
recreational catch-and-release fishery management program. A catch-and-
release fishery management program is one in which the retention of a 
particular species is prohibited. In such a program, those fish released 
alive would not be considered bycatch. Bycatch also does not include 
Atlantic highly migratory species harvested in a commercial fishery that 
are not regulatory discards and that are tagged and released alive under 
a scientific tag-and-release program established by the Secretary.
    (d) Minimizing bycatch and bycatch mortality. The priority under 
this standard is first to avoid catching bycatch species where 
practicable. Fish that are bycatch and cannot be avoided must, to the 
extent practicable, be returned to the sea alive. Any proposed 
conservation and management measure that does not give priority to 
avoiding the capture of bycatch species must be supported by appropriate 
analyses. In their evaluation, the Councils must consider the net 
benefits to the Nation, which include, but are not limited to: Negative 
impacts on affected stocks; incomes accruing to participants in directed 
fisheries in both the short and long term; incomes accruing to 
participants in fisheries that target the bycatch species; environmental 
consequences; non-market values of bycatch species, which include non-
consumptive uses of bycatch species and existence values, as well as 
recreational values; and impacts on other marine organisms. To evaluate 
conservation and management measures relative to this and other national 
standards, as well as to evaluate total fishing mortality, Councils 
must--
    (1) Promote development of a database on bycatch and bycatch 
mortality in the fishery to the extent practicable. A review and, where 
necessary, improvement of data collection methods, data sources, and 
applications of data must be initiated for each fishery to determine the 
amount, type, disposition, and other characteristics of bycatch and 
bycatch mortality in each fishery for purposes of this standard and of 
section 303(a)(11) and (12) of the Magnuson-Stevens Act. Bycatch should 
be categorized to focus on management responses necessary to minimize 
bycatch and bycatch mortality to the extent practicable. When 
appropriate, management measures, such as at-sea monitoring programs, 
should be developed to meet these information needs.
    (2) For each management measure, assess the effects on the amount 
and type of bycatch and bycatch mortality in the fishery. Most 
conservation and management measures can affect the amounts of bycatch 
or bycatch mortality in a fishery, as well as the extent to which 
further reductions in bycatch are practicable. In analyzing measures, 
including the status quo, Councils should assess the impacts of 
minimizing bycatch and bycatch mortality, as well as consistency of the 
selected measure with other national standards and applicable laws. The 
benefits of minimizing bycatch to the extent practicable should be 
identified and an assessment of the impact of the selected measure on 
bycatch and bycatch mortality provided. Due to limitations on the 
information available, fishery managers may not be able to generate 
precise estimates of bycatch and bycatch mortality or other effects for 
each alternative. In the absence of quantitative estimates of the 
impacts of each alternative, Councils may use qualitative measures. 
Information on the amount and type of bycatch should be summarized in 
the SAFE reports.
    (3) Select measures that, to the extent practicable, will minimize 
bycatch and bycatch mortality. (i) A determination of whether a 
conservation and management measure minimizes bycatch or bycatch 
mortality to the extent practicable, consistent with other national 
standards and maximization of net benefits to the Nation, should 
consider the following factors:
    (A) Population effects for the bycatch species.
    (B) Ecological effects due to changes in the bycatch of that species 
(effects on other species in the ecosystem).

[[Page 43]]

    (C) Changes in the bycatch of other species of fish and the 
resulting population and ecosystem effects.
    (D) Effects on marine mammals and birds.
    (E) Changes in fishing, processing, disposal, and marketing costs.
    (F) Changes in fishing practices and behavior of fishermen.
    (G) Changes in research, administration, and enforcement costs and 
management effectiveness.
    (H) Changes in the economic, social, or cultural value of fishing 
activities and nonconsumptive uses of fishery resources.
    (I) Changes in the distribution of benefits and costs.
    (J) Social effects.
    (ii) The Councils should adhere to the precautionary approach found 
in the Food and Agriculture Organization of the United Nations (FAO) 
Code of Conduct for Responsible Fisheries (Article 6.5), which is 
available from the Director, Publications Division, FAO, Viale delle 
Terme di Caracalla, 00100 Rome, Italy, when faced with uncertainty 
concerning any of the factors listed in this paragraph (d)(3).
    (4) Monitor selected management measures. Effects of implemented 
measures should be evaluated routinely. Monitoring systems should be 
established prior to fishing under the selected management measures. 
Where applicable, plans should be developed and coordinated with 
industry and other concerned organizations to identify opportunities for 
cooperative data collection, coordination of data management for cost 
efficiency, and avoidance of duplicative effort.
    (e) Other considerations. Other applicable laws, such as the MMPA, 
the ESA, and the Migratory Bird Treaty Act, require that Councils 
consider the impact of conservation and management measures on living 
marine resources other than fish; i.e., marine mammals and birds.

[63 FR 24235, May 1, 1998]



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

    (a) Standard 10. Conservation and management measures shall, to the 
extent practicable, promote the safety of human life at sea.
    (b) General. (1) Fishing is an inherently dangerous occupation where 
not all hazardous situations can be foreseen or avoided. The standard 
directs Councils to reduce that risk in crafting their management 
measures, so long as they can meet the other national standards and the 
legal and practical requirements of conservation and management. This 
standard is not meant to give preference to one method of managing a 
fishery over another.
    (2) The qualifying phrase ``to the extent practicable'' recognizes 
that regulation necessarily puts constraints on fishing that would not 
otherwise exist. These constraints may create pressures on fishermen to 
fish under conditions that they would otherwise avoid. This standard 
instructs the Councils to identify and avoid those situations, if they 
can do so consistent with the legal and practical requirements of 
conservation and management of the resource.
    (3) For the purposes of this national standard, the safety of the 
fishing vessel and the protection from injury of persons aboard the 
vessel are considered the same as ``safety of human life at sea. The 
safety of a vessel and the people aboard is ultimately the 
responsibility of the master of that vessel. Each master makes many 
decisions about vessel maintenance and loading and about the 
capabilities of the vessel and crew to operate safely in a variety of 
weather and sea conditions. This national standard does not replace the 
judgment or relieve the responsibility of the vessel master related to 
vessel safety. The Councils, the USCG, and NMFS, through the 
consultation process of paragraph (d) of this section, will review all 
FMPs, amendments, and regulations during their development to ensure 
they recognize any impact on the safety of human life at sea and 
minimize or mitigate that impact where practicable.
    (c) Safety considerations. The following is a non-inclusive list of 
safety considerations that should be considered in evaluating management 
measures under national standard 10.
    (1) Operating environment. Where and when a fishing vessel operates 
is partly a function of the general climate and weather patterns of an 
area. Typically,

[[Page 44]]

larger vessels can fish farther offshore and in more adverse weather 
conditions than smaller vessels. An FMP should try to avoid creating 
situations that result in vessels going out farther, fishing longer, or 
fishing in weather worse than they generally would have in the absence 
of management measures. Where these conditions are unavoidable, 
management measures should mitigate these effects, consistent with the 
overall management goals of the fishery.
    (2) Gear and vessel loading requirements. A fishing vessel operates 
in a very dynamic environment that can be an extremely dangerous place 
to work. Moving heavy gear in a seaway creates a dangerous situation on 
a vessel. Carrying extra gear can also significantly reduce the 
stability of a fishing vessel, making it prone to capsizing. An FMP 
should consider the safety and stability of fishing vessels when 
requiring specific gear or requiring the removal of gear from the water. 
Management measures should reflect a sensitivity to these issues and 
provide methods of mitigation of these situations wherever possible.
    (3) Limited season and area fisheries. Fisheries where time 
constraints for harvesting are a significant factor and with no 
flexibility for weather, often called ``derby'' fisheries, can create 
serious safety problems. To participate fully in such a fishery, 
fishermen may fish in bad weather and overload their vessel with catch 
and/or gear. Where these conditions exist, FMPs should attempt to 
mitigate these effects and avoid them in new management regimes, as 
discussed in paragraph (e) of this section.
    (d) Consultation. During preparation of any FMP, FMP amendment, or 
regulation that might affect safety of human life at sea, the Council 
should consult with the USCG and the fishing industry as to the nature 
and extent of any adverse impacts. This consultation may be done through 
a Council advisory panel, committee, or other review of the FMP, FMP 
amendment, or regulations. Mitigation, to the extent practicable, and 
other safety considerations identified in paragraph (c) of this section 
should be included in the FMP.
    (e) Mitigation measures. There are many ways in which an FMP may 
avoid or provide alternative measures to reduce potential impacts on 
safety of human life at sea. The following is a list of some factors 
that could be considered when management measures are developed:
    (1) Setting seasons to avoid hazardous weather.
    (2) Providing for seasonal or trip flexibility to account for bad 
weather (weather days).
    (3) Allowing for pre- and post-season ``soak time'' to deploy and 
pick up fixed gear, so as to avoid overloading vessels with fixed gear.
    (4) Tailoring gear requirements to provide for smaller or lighter 
gear for smaller vessels.
    (5) Avoiding management measures that require hazardous at-sea 
inspections or enforcement if other comparable enforcement could be 
accomplished as effectively.
    (6) Limiting the number of participants in the fishery.
    (7) Spreading effort over time and area to avoid potential gear and/
or vessel conflicts.
    (8) Implementing management measures that reduce the race for fish 
and the resulting incentives for fishermen to take additional risks with 
respect to vessel safety.

[63 FR 24236, May 1, 1998]



                Subpart E--Confidentiality of Statistics



Sec. 600.405  Types of statistics covered.

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

[[Page 45]]

processing capacity utilized by, U.S. fish processors.

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



Sec. 600.410  Collection and maintenance of statistics.

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



Sec. 600.415  Access to statistics.

    (a) General. In determining whether to grant a request for access to 
confidential data, the following information will be taken into 
consideration (also see Sec. 600.130):
    (1) The specific types of data required.
    (2) The relevance of the data to conservation and management issues.
    (3) The duration of time access will be required: continuous, 
infrequent, or one-time.
    (4) An explanation of why the availability of aggregate or non-
confidential summaries of data from other sources would not satisfy the 
requested needs.
    (b) Federal employees. Statistics submitted as a requirement of an 
FMP and that reveal the identity of the submitter will only be 
accessible to the following:
    (1) Personnel within NMFS responsible for the collection, 
processing, and storage of the statistics.
    (2) Federal employees who are responsible for FMP development, 
monitoring, and enforcement.
    (3) Personnel within NMFS performing research that requires 
confidential statistics.
    (4) Other NOAA personnel on a demonstrable need-to-know basis.
    (5) NOAA/NMFS contractors or grantees who require access to 
confidential statistics to perform functions authorized by a Federal 
contract or grant.
    (c) State personnel. Upon written request, confidential statistics 
will only be accessible if:
    (1) State employees demonstrate a need for confidential statistics 
for use in fishery conservation and management.
    (2) The state has entered into a written agreement between the 
Assistant Administrator and the head of the state's agency that manages 
marine and/or anadromous fisheries. The agreement shall contain a 
finding by the Assistant Administrator that the state has 
confidentiality protection authority comparable to the Magnuson-Stevens 
Act and that the state will exercise this authority to limit subsequent 
access and use of the data to fishery management and monitoring 
purposes.
    (d) Councils. Upon written request by the Council Executive 
Director, access to confidential data will be granted to:
    (1) Council employees who are responsible for FMP development and 
monitoring.
    (2) A Council for use by the Council for conservation and management 
purposes, with the approval of the Assistant Administrator. In addition 
to the information described in paragraph (a) of this section, the 
Assistant Administrator will consider the following in deciding whether 
to grant access:
    (i) The possibility that Council members might gain personal or 
competitive advantage from access to the data.
    (ii) The possibility that the suppliers of the data would be placed 
at a competitive disadvantage by public disclosure of the data at 
Council meetings or hearings.

[[Page 46]]

    (3) A contractor of the Council for use in such analysis or studies 
necessary for conservation and management purposes, with approval of the 
Assistant Administrator and execution of an agreement with NMFS as 
described by NOAA Administrative Order (NAO) 216-100.
    (e) Prohibitions. Persons having access to these data are prohibited 
from unauthorized use or disclosure and are subject to the provisions of 
18 U.S.C. 1905, 16 U.S.C. 1857, and NOAA/NMFS internal procedures, 
including NAO 216-100.

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



Sec. 600.420  Control system.

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



Sec. 600.425  Release of statistics.

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



                       Subpart F--Foreign Fishing



Sec. 600.501  Vessel permits.

    (a) General. (1) Each FFV fishing under the Magnuson-Stevens Act 
must have on board a permit issued under this section, unless it is 
engaged only in recreational fishing.
    (2) Permits issued under this section do not authorize FFV's or 
persons to harass, capture, or kill marine mammals. No marine mammals 
may be taken in the course of fishing unless that vessel has on board a 
currently valid Authorization Certificate under the MMPA. Regulations 
governing the taking of marine mammals incidental to commercial fishing 
operations are contained in 50 CFR part 229 of this title.
    (b) Responsibility of owners and operators. The owners and operators 
of each FFV are jointly and severally responsible for compliance with 
the Magnuson-Stevens Act, the applicable GIFA, this subpart, and any 
permit issued under the Magnuson-Stevens Act and this subpart. The 
owners and operators of each FFV bear civil responsibility for the acts 
of their employees and agents constituting violations, regardless of 
whether the specific acts were authorized or even forbidden by the 
employer or principal, and regardless of knowledge concerning the 
occurrence.
    (c) Activity codes. Permits to fish under this subpart 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. Only vessels of nations having a GIFA with the 
United States may be issued permits for activity codes 1 through 9. A 
GIFA is not required for a vessel to be issued a permit for activity 
code 10. The activity codes are described as follows:

[[Page 47]]

    (1) Activity Code 1. Catching, scouting, processing, transshipping, 
and supporting foreign vessels. Activity is limited to fish harvested or 
to be harvested by foreign vessels in the EEZ.
    (2) Activity Code 2. Processing, scouting, transshipping, and 
supporting foreign vessels. Activity is limited to fish harvested or to 
be harvested by foreign vessels in the EEZ.
    (3) Activity Code 3. Transshipping, scouting, and supporting foreign 
vessels. Activity is limited to fish harvested or to be harvested by 
foreign vessels in the EEZ.
    (4) Activity Code 4. Processing, scouting, transshipping, and 
supporting U.S. vessels delivering fish to foreign vessels. Activity is 
limited to the receipt of unprocessed fish harvested or to be harvested 
by U.S. vessels.
    (5) Activity Code 5. Transshipping, scouting, and supporting foreign 
vessels. Transshipment limited to fish received or to be received from 
foreign vessels processing fish from U.S. harvesting vessels.
    (6) Activity Code 6. Transshipping, scouting, and supporting U.S. 
vessels. Transshipment limited to U.S.-harvested fish processed on board 
U.S. vessels.
    (7) Activity Code 7. Processing, transshipping, and supporting 
foreign vessels. Activity limited to fish harvested or to be harvested 
by foreign vessels seaward of the EEZ.
    (8) Activity Code 8. Transshipping and supporting foreign vessels. 
Activity is limited to fish harvested or to be harvested seaward of the 
EEZ by foreign vessels or fish duly authorized for processing in the 
internal waters of one of the states.
    (9) Activity Code 9. Supporting U.S. fishing vessels and U.S. fish 
processing vessels and any foreign fishing vessels authorized under any 
activity code under paragraph (c) of this subpart.
    (10) Activity Code 10. Transshipping at sea for the purpose of 
transporting fish or fish products from a point within the EEZ or, with 
the concurrence of a state, within the boundaries of that state, to a 
point outside the United States.
    (d) Application. (1) Applications for FFV permits authorizing 
activity codes 1 through 9 must be submitted by an official 
representative of a foreign nation to the DOS. Applications for permits 
authorizing activity codes 1 through 9 are available from, and should be 
submitted to, DOS, OES/OMC, Washington, DC 20520. Applications for FFV 
permits authorizing activity code 10 may be submitted by any person to 
the Assistant Administrator. Applications for permits authorizing 
activity code 10 are available from NMFS, Attn: International Fisheries 
Division, 1315 East West Highway, Silver Spring, Maryland 20910. All 
applicants should allow 90 days for review and comment by the public, 
involved governmental agencies, and appropriate Councils and for 
processing before the anticipated date to begin fishing. The permit 
application fee must be paid at the time of application according to 
Sec. 600.518.
    (2) Applicants must provide complete and accurate information 
requested on the permit application form.
    (3) Applicants for FFV's that will support U.S. vessels in joint 
ventures (Activity Code 4) must provide the additional information 
specified by the permit application form.
    (4) Each applicant may request to substitute one FFV for another of 
the same flag by submitting a new application form and a short 
explanation of the reason for the substitution to the appropriate 
address listed at paragraph (d)(1) of this section. 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 appropriate 
Council(s) and governmental agencies have been notified of the 
substituted application.
    (e) Issuance. (1) Permits may be issued to an FFV by the Assistant 
Administrator after--
    (i) The Assistant Administrator determines that the fishing 
described in the application will meet the requirements of the Magnuson-
Stevens Act and approves the permit application.
    (ii) The applicant has paid the fees and provided any assurances 
required by the Secretary in accordance with the provisions of 
Sec. 600.518.

[[Page 48]]

    (iii) The applicant has appointed an agent.
    (iv) The applicant has identified a designated representative.
    (v) The applicant has accepted 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 for the prevention of significant impairment of the national defense 
or security interests.
    (2) The DOS will provide permits for activity codes 1 through 9 to 
the official representative of the applicant foreign nation. The 
Assistant Administrator will provide permits for activity code 10 
directly to the applicant.
    (3) An approved permit will contain--
    (i) The name and IRCS of the FFV and its permit number.
    (ii) The permitted fisheries and/or activity codes.
    (iii) The date of issuance and expiration date, if other than 
December 31.
    (iv) All conditions and restrictions, and any additional 
restrictions and technical modifications appended to the permit.
    (4) Permits are not issued for boats that are launched from larger 
vessels. Any enforcement action that results from the activities of a 
launched boat will be taken against the permitted vessel.
    (f) Duration. A permit is valid from its date of issuance to its 
date of expiration, unless it is revoked or suspended or the nation 
issuing the FFV's documents does not accept amendments to the permit 
made by the Assistant Administrator in accordance with the procedures of 
paragraph (l) of this section. The permit will be valid for no longer 
than the calendar year in which it was issued.
    (g) Transfer. Permits are not transferable or assignable. A permit 
is valid only for the FFV to which it is issued.
    (h) Display. Each FFV operator must have a properly completed permit 
form available on board the FFV when engaged in fishing activities and 
must produce it at the request of an authorized officer or observer.
    (i) Suspension and revocation. NMFS may apply sanctions to an FFV's 
permit by revoking, suspending, or imposing additional permit 
restrictions on the permit under 15 CFR part 904, if the vessel is 
involved in the commission of any violation of the Magnuson-Stevens Act, 
the GIFA, or this subpart; if an agent and a designated representative 
are not maintained in the United States; if a civil penalty or criminal 
fine imposed under the Magnuson-Stevens Act has become overdue; or as 
otherwise specified in the Magnuson-Stevens Act.
    (j) Fees. Permit application fees are described in Sec. 600.518.
    (k) Change in application information. The applicant 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.
    (l) Permit amendments. (1) The Assistant Administrator may amend a 
permit by adding ``additional restrictions'' for the conservation and 
management of fishery resources covered by the permit, or for the 
national defense or security if the Assistant Administrator determines 
that such interests would be significantly impaired without such 
restrictions. Compliance with the added additional restrictions is a 
condition of the permit. Violations of added additional restrictions 
will be treated as violations of this subpart.
    (2) The Assistant Administrator may make proposed additional 
restrictions effective immediately, if necessary, to prevent substantial 
harm to a fishery resource of the United States, to allow for the 
continuation of ongoing fishing operations, or to allow for fishing to 
begin at the normal time for opening of the fishery.
    (3) The Assistant Administrator will send proposed additional 
restrictions to each Nation whose vessels are affected (via the 
Secretary of State), to the appropriate Councils, and to the Commandant 
of the Coast Guard. NMFS will, at the same time, publish a document of 
any significant proposed additional restrictions in the Federal

[[Page 49]]

Register. The document will include a summary of the reasons underlying 
the proposal, and the reasons that any proposed additional restrictions 
are made effective immediately.
    (4) The Nation whose vessels are involved, the owners of the 
affected vessels, their representatives, the agencies specified in 
paragraph (l)(3) of this section, and the public may submit written 
comments on the proposed additional restrictions within 30 days after 
publication in the Federal Register.
    (5) The Assistant Administrator will make a final decision regarding 
the proposed additional restrictions as soon as practicable after the 
end of the comment period. The Assistant Administrator will provide the 
final additional restrictions to the Nation whose vessels are affected 
(via the Secretary of State) according to the procedures of paragraph 
(e) of this section. The Assistant Administrator will include with the 
final additional restrictions to the Nation, a response to comments 
submitted.
    (6) Additional restrictions may be modified by following the 
procedures of paragraphs (l)(2) through (l)(5) of this section.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 
FR 39019, July 21, 1999]



Sec. 600.502  Vessel reports.

    (a) The operator of each FFV must report the FFV's activities to the 
USCG and NMFS as specified in this section.
    (b) All reports required by this section must be in English and in 
the formats specified in the permit additions and restrictions. Reports 
must be delivered via private or commercial communications facilities, 
facsimile, or other electronic means acceptable to NMFS and the USCG, 
directly to the appropriate NMFS Region or Center and USCG commander. 
Weekly reports must also be delivered directly to the appropriate NMFS 
Region or Center (see tables 1 and 2 of this section). (The required 
reports may be delivered to the closest USCG communication station as 
indicated in table 3 of this section or other USCG communication station 
only if adequate private or commercial communications facilities have 
not been successfully contacted.) Radio reports must be made via 
radiotelegraphy, Telex, or facsimile where available. For the purposes 
of this section, a message is considered ``transmitted'' when its 
receipt is acknowledged by a communications facility and considered 
``delivered'' upon its receipt by the offices of the appropriate USCG 
commander, NMFS Regional Office, or NMFS Center identified in table 2 of 
this section. Reports required by this section may be submitted by the 
vessel's designated representative; however, the operator of the FFV is 
responsible for the correct and timely filing of all required reports.
    (c) Activity reports. The operator of each FFV must report the FFV's 
movements and activities before or upon the event, as specified in this 
paragraph (c). Appropriate forms, instructions, codes, and examples are 
contained in the conditions and restrictions of the FFV's permit. Each 
FFV report must contain the following information: The message 
identifier ``VESREP'' to indicate it is a vessel activity report, FFV 
name, international radio call sign IRCS, date (month and day based on 
GMT), time (hour and minute GMT), position (latitude and longitude to 
the nearest degree and minute) where required, area (by fishing area 
code) where required, the appropriate action code, confirmation codes 
where required, and the other information specified in paragraphs (c)(1) 
through (c)(11) of this section.
    (1) ``BEGIN''. Each operator must specify the date, time, position, 
and area the FFV will actually ``BEGIN'' fishing in the EEZ and the 
species (by species code), product (by product code), and quantity of 
all fish and fish products (by product weight to the nearest hundredth 
of a metric ton) on board when entering the EEZ (action code ``BEGIN''). 
The message must be delivered at least 24 hours before the vessel begins 
to fish.
    (2) ``DEPART''. Each operator must specify the date, time, position, 
and area the FFV will ``DEPART'' the EEZ to embark or debark an 
observer, to visit a U.S. port, to conduct a joint venture in internal 
waters, or to otherwise temporarily leave an authorized

[[Page 50]]

fishing area, but not depart the seaward limit of the EEZ (action code 
``DEPART''). The message must be transmitted before the FFV departs the 
present fishing area and delivered within 24 hours of its transmittal.
    (3) ``RETURN''. Each operator must specify the date, time, position, 
and area the FFV will ``RETURN'' to the EEZ following a temporary 
departure, and the species (by species code), product (by product code), 
and quantity of all fish and fish products (by product weight to the 
nearest hundredth of a metric ton) on board that were received in a 
joint venture in internal waters (action code ``RETURN''). The message 
must be transmitted before returning to the EEZ and delivered within 24 
hours of its transmittal.
    (4) ``SHIFT''. Each operator must report each SHIFT in fishing area 
(as described for each fishery) by specifying the date, time, and 
position the FFV will start fishing, and the new area (action code 
``SHIFT''). The message must be transmitted before leaving the original 
area and delivered within 24 hours of its transmittal. If a foreign 
vessel operates within 20 nautical miles (37.04 km) of a fishing area 
boundary, its operator may submit in one message the shift reports for 
all fishing area shifts occurring during 1 fishing day (0001-2400 GMT). 
This message must be transmitted prior to the last shift expected to be 
made in the day and delivered within 24 hours of its transmittal.
    (5) ``JV OPS''. Each operator must specify the date, time, position, 
and area at which the FFV will ``START'' joint venture operations 
(action code ``START JV OPS'') or ``END'' joint venture operations 
(action code ``END JV OPS''). These reports must be made in addition to 
other activity reports made under this section. Each message must be 
transmitted before the event and delivered within 24 hours of its 
transmittal.
    (6) ``TRANSFER''. The operator of each FFV that anticipates a 
transshipping operation in which the FFV will receive fish or fisheries 
products must specify the date, time, position and area the FFV will 
conduct the ``TRANSFER'' and the name and IRCS of the other FFV or U.S. 
vessel involved (action code ``TRANSFER''). The report must include the 
permit activity code under which the transfer will be made. The message 
must be transmitted prior to the transfer and delivered within 24 hours 
of its transmittal. The movement of raw fish from a permitted foreign 
catching vessel or, under an Activity Code 4, from a U.S. fishing vessel 
to the reporting processing vessel and the return of nets or codends is 
not considered a transfer.
    (7) ``OFFLOADED''. Each operator must specify the date, time, 
position, and area the FFV ``OFFLOADED'' fish or fisheries products TO 
another FFV or a U.S. vessel in a transfer, the other FFV's or U.S. 
vessel's name, IRCS, Permit Activity Code under which the transfer was 
made, species (by species code) and quantity of fish and fisheries 
products (by product code and by product weight, to the nearest 
hundredth of a metric ton) offloaded (action code ``OFFLOADED TO''). The 
message must be transmitted within 12 hours after the transfer is 
completed and delivered within 24 hours of its transmittal and before 
the FFV ceases fishing in the EEZ.
    (8) ``RECEIVED''. Each operator must specify the date, time, 
position and area the vessel ``RECEIVED'' fish or fisheries products 
FROM another FFV in a transfer, the other FFV's or U.S. vessel's name, 
IRCS, Permit Activity Code under which the receipt was made, species (by 
species code) and quantity of fish and fisheries products (by product 
code and by product weight, to the nearest hundredth of a metric ton) 
received (action code ``RECEIVED FROM''). The message must be 
transmitted within 12 hours after the transfer is completed and 
delivered within 24 hours of its transmittal and before the vessel 
ceases fishing in the EEZ.
    (9) ``CEASE''. Each operator must specify the date, time, position, 
and area the FFV will ``CEASE'' fishing in order to leave the EEZ 
(action code ``CEASE''). The message must be delivered at least 24 hours 
before the FFV's departure.
    (10) ``CHANGE''. Each operator must report any ``CHANGE'' TO the 
FFV's operations if the position or time of an event specified in an 
activity report will vary more than 5 nautical miles

[[Page 51]]

(9.26 km) or 4 hours from that previously reported, by sending a revised 
message inserting the word ``CHANGE'' in front of the previous report, 
repeating the name, IRCS, date, and time of the previous report, adding 
the word ``TO'' and the complete revised text of the new report (action 
code ``CHANGE TO''). Changes to reports specifying an early beginning of 
fishing by an FFV or other changes to reports contained in paragraphs 
(c)(1) through (c)(9) of this section must be transmitted and delivered 
as if the ``CHANGE'' report were the original message.
    (11) ``CANCEL''. Each operator wanting to ``CANCEL'' a previous 
report may do so by sending a revised message, and inserting the word 
``CANCEL'' in front of the previous report's vessel name, IRCS, date, 
time and action code canceled (action code ``CANCEL''). The message must 
be transmitted and delivered prior to the date and time of the event in 
the original message.
    (d) The operator of an FFV will be in violation of paragraphs (c)(1) 
through (c)(9) of this section if the FFV does not pass within 5 
nautical miles (9.26 km) of the position given in the report within 4 
hours of the time given in the report.
    (e) The notices required by this section may be provided for 
individual or groups of FFV's (on a vessel-by-vessel basis) by 
authorized persons. An FFV operator may retransmit reports on the behalf 
of another FFV, if authorized by that FFV's operator. This does not 
relieve the individual vessel operator of the responsibility of filing 
required reports. In these cases, the message format should be modified 
so that each line of text under ``VESREP'' is a separate vessel report.
    (f) Weekly reports. (1) The operator of each FFV in the EEZ must 
submit appropriate weekly reports through the Nation's designated 
representative. The report must arrive at the address and time specified 
in paragraph (g) of this section. The reports may be sent by facsimile 
or Telex, but a completed copy of the report form must be mailed or hand 
delivered to confirm the Telex. Appropriate forms, instructions, codes, 
and examples are contained in the conditions and restrictions of the 
FFV's permit. Designated representatives may include more than one 
vessel report in a facsimile or Telex message, if the information is 
submitted on a vessel-by-vessel basis. Requests for corrections to 
previous reports must be submitted through the Nation's designated 
representative and mailed or hand-delivered, together with a written 
explanation of the reasons for the errors. The appropriate Regional 
Administrator or Science and Research Director may accept or reject any 
correction and initiate any appropriate civil penalty actions.
    (2) Weekly catch report (CATREP). The operator of each FFV must 
submit a weekly catch report stating any catch (Activity Code 1) in 
round weight of each species or species group allocated to that Nation 
by area and days fished in each area for the weekly period Sunday 
through Saturday, GMT, as modified by the fishery in which the FFV is 
engaged. Foreign vessels delivering unsorted, unprocessed fish to a 
processing vessel are not required to submit CATREP's, if that 
processing vessel (Activity Code 2) submits consolidated CATREP's for 
all fish received during each weekly period. No report is required for 
FFV's that do not catch or receive foreign-caught fish during the 
reporting period.
    (3) Weekly receipts report (RECREP). The operator of each FFV must 
submit a weekly report stating any receipts of U.S.-harvested fish in a 
joint venture (Activity Code 4) for the weekly period Sunday through 
Saturday, GMT, as modified by the fishery in which the FFV is engaged, 
for each fishing area, by authorized or prohibited species or species 
group; days fish received; round weight retained or returned to the U.S. 
fishing vessel; number of codends received; and number of vessels 
transferring codends. The report must also include the names of U.S. 
fishing vessels transferring codends during the week. No report is 
required for FFV's that do not receive any U.S.-harvested fish during 
the reporting period.
    (4) Marine mammal report (MAMREP). The operator of each FFV must 
submit a weekly report stating any incidental catch or receipt of marine 
mammals (Activity Codes 1 or 2 and/or 4), the

[[Page 52]]

geographical position caught, the condition of the animal, number caught 
(if more than one of the same species and condition), and nationality of 
the catching vessel for the period Sunday through Saturday, GMT, as 
modified by the fishery in which the vessel is engaged. Foreign catching 
vessels delivering unsorted, unprocessed fish to processing vessel are 
not required to submit MAMREP's, provided that the processing or factory 
vessel (Activity Code 2) submits consolidated MAMREP's for all fish 
received during each weekly period. FFV's receiving U.S.-harvested fish 
in a joint venture (Activity Code 4) must submit consolidated reports 
for U.S. vessels operating in the joint venture. No report is required 
for FFV's that do not catch or receive marine mammals during the 
reporting period.
    (g) Submission instructions for weekly reports. The designated 
representative for each FFV must submit weekly reports in the prescribed 
format to the appropriate Regional Administrator or Science and Research 
Director of NMFS by 1900 GMT on the Wednesday following the end of the 
reporting period. However, by agreement with the appropriate Regional 
Administrator or Science and Research Director, the designated 
representative may submit weekly reports to some other facility of NMFS.
    (h) Alternative reporting procedures. As an alternative to the use 
of the specific procedures provided, an applicant may submit proposed 
reporting procedures for a general type of fishery operation (i.e., 
transshipments under Activity Code 10) to the appropriate Regional 
Administrator and the USCG commander (see tables 1 and 2 to Sec. 600.502 
of this chapter). With the agreement of the USCG commander, the Regional 
Administrator may authorize the use of alternative reporting procedures.

                   Table 1 to Sec.  600.502--Addresses
------------------------------------------------------------------------
                                NMFS science and      U.S. Coast Guard
NMFS regional administrators   research directors        commanders
------------------------------------------------------------------------
Administrator, Northeast      Director, Notheast    Commander, Atlantic
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, NOAA,      Center, National      Guard, 431 Crawford
 One Blackburn Drive,          Marine Fisheries      St., Portsmouth, VA
 Gloucester, MA 01930-2298.    Service, NOAA, 166    23704.
                               Water St., Woods
                               Hole, MA 02543-1097.
Administrator, Southeast      Director, Southeast   Commander, Atlantic
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, 9721       Center, National      Guard, Governor's
 Exec. Center Drive N., St.    Marine Fisheries      Island, New York
 Petersburg, FL 33702.         Service, NOAA, 75     10004.
                               Virginia Beach
                               Drive, Miami, FL
                               33149-1003.
Administrator, Northwest      Director, Northwest   Commander, Pacific
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, NOAA,      Center, National      Guard, Government
 7600 Sand Point Way, NE,      Marine Fisheries      Island, Alameda, CA
 BIN C15700, Bldg. 1,          Service, NOAA, 2725   94501.
 Seattle, WA 98115.            Montlake Blvd.
                               East, Seattle, WA
                               98112-2097.
Administrator, Alaska         Director, Alaska      Commander,
 Region, National Marine       Fisheries Science     Seventeenth Coast
 Fisheries Service, NOAA,      Center, National      Guard District,
 P.O. Box 21668, Juneau, AK    Marine Fisheries      P.O. Box 25517,
 99802-1668.                   Service, NOAA, 7600   Juneau, AK 99802.
                               Sand Point Way, NE,
                               BIN C15700, Bldg.
                               4, Seattle, WA
                               98115-0070.
Administrator, Southwest      Director, Southwest   Commander,
 Region, National Marine       Fisheries Science     Fourteenth Coast
 Fisheries Service, NOAA,      Center, National      Guard District, 300
 501 West Ocean Blvd., Suite   Marine Fisheries      Ala Moana Blvd.,
 4200, Long Beach, CA 90802-   Service, NOAA, P.O.   Honolulu, HI 96850.
 4213.                         Box 271, La Jolla,
                               CA 92038-0271.
------------------------------------------------------------------------


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

[[Page 53]]

 
Pacific Ocean off Hawaii and  Administrator,        Commander,
 Other U.S. Insular            Southwest Region.     Fourteenth Coast
 Possessions in the Central                          Guard District.
 and Western Pacific.
------------------------------------------------------------------------


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


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

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 
FR 39020, July 21, 1999]



Sec. 600.503  Vessel and gear identification.

    (a) Vessel identification. (1) The operator of each FFV assigned an 
IRCS must display that call sign amidships on both the port and 
starboard sides of the deckhouse or hull, so that it is visible from an 
enforcement vessel, and on an appropriate weather deck so it is visible 
from the air.
    (2) The operator of each FFV not assigned an IRCS, such as a small 
trawler associated with a mothership or one of a pair of trawlers, must 
display the IRCS of the associated vessel, followed by a numerical 
suffix. (For example, JCZM-1, JCZM-2, etc., would be displayed on small 
trawlers not assigned an IRCS operating with a mothership whose IRCS is 
JCZM; JANP-1 would be displayed by a pair trawler not assigned an IRCS 
operating with a trawler whose IRCS is JANP.)
    (3) The vessel identification must be in a color in contrast to the 
background and must be permanently affixed to the FFV in block Roman 
alphabet letters and Arabic numerals at least 1 m in height for FFV's 
over 20 m in length, and at least 0.5 m in height for all other FFV's.
    (b) Navigational lights and shapes. Each FFV must display the lights 
and shapes prescribed by the International Regulations for Preventing 
Collisions at Sea, 1972 (TIAS 8587, and 1981 amendment TIAS 10672), for 
the activity in which the FFV is engaged (as described at 33 CFR part 
81).
    (c) Gear identification. (1) The operator of each FFV must ensure 
that all

[[Page 54]]

deployed fishing gear that is not physically and continuously attached 
to an FFV:
    (i) Is clearly marked at the surface with a buoy displaying the 
vessel identification of the FFV (see paragraph (a) of this section) to 
which the gear belongs.
    (ii) Has attached a light visible for 2 nautical miles (3.70 km) at 
night in good visibility.
    (iii) Has a radio buoy.
    Trawl codends passed from one vessel to another are considered 
continuously attached gear and are not required to be marked.
    (2) The operator of each FFV must ensure that deployed longlines, 
strings of traps or pots, and gillnets are marked at the surface at each 
terminal end with: (see paragraphs (c)(1)(i) through (c)(1)(iii) of this 
section).
    (3) Additional requirements may be specified for the fishery in 
which the vessel is engaged.
    (4) Unmarked or incorrectly identified fishing gear may be 
considered abandoned and may be disposed of in accordance with 
applicable Federal regulations by any authorized officer.
    (d) Maintenance. The operator of each FFV must--
    (1) Keep the vessel and gear identification clearly legible and in 
good repair.
    (2) Ensure that nothing on the FFV obstructs the view of the 
markings from an enforcement vessel or aircraft.
    (3) Ensure that the proper navigational lights and shapes are 
displayed for the FFV's activity and are properly functioning.



Sec. 600.504  Facilitation of enforcement.

    (a) General. (1) The owner, operator, or any person aboard any FFV 
subject to this subpart must immediately comply with instructions and 
signals issued by an authorized officer to stop the FFV; to move the FFV 
to a specified location; and to facilitate safe boarding and inspection 
of the vessel, its gear, equipment, records, and fish and fish products 
on board for purposes of enforcing the Magnuson-Stevens Act and this 
subpart.
    (2) The operator of each FFV must provide vessel position or other 
information when requested by an authorized officer within the time 
specified in the request.
    (b) Communications equipment. (1) Each FFV must be equipped with a 
VHF-FM radiotelephone station located so that it may be operated from 
the wheelhouse. Each operator must maintain a continuous listening watch 
on channel 16 (156.8 mHz).
    (2) Each FFV must be equipped with a radiotelephone station capable 
of communicating via 2182 kHz (SSB) radiotelephony and at least one set 
of working frequencies identified in table 3 to Sec. 600.502 appropriate 
to the fishery in which the FFV is operating. Each operator must monitor 
and be ready to communicate via 2182 kHz (SSB) radiotelephone each day 
from 0800 GMT to 0830 GMT and 2000 to 2030 GMT, and in preparation for 
boarding.
    (3) FFV's that are not equipped with processing facilities and that 
deliver all catches to a foreign processing vessel are exempt from the 
requirements of paragraph (b)(2) of this section.
    (4) FFV's with no IRCS that do not catch fish and are used as 
auxiliary vessels to handle codends, nets, equipment, or passengers for 
a processing vessel are exempt from the requirements of paragraphs 
(b)(1) and (b)(2) of this section.
    (5) The appropriate Regional Administrator, with the agreement of 
the appropriate USCG commander, may, upon request by a foreign nation, 
accept alternatives to the radio requirements of this section to certain 
FFV's or types of FFV's operating in a fishery, provided they are 
adequate for the communications needs of the fishery.
    (c) Communications procedures. (1) Upon being approached by a USCG 
vessel or aircraft, or other vessel or aircraft with an authorized 
officer aboard, the operator of any FFV subject to this subpart must be 
alert for communications conveying enforcement instructions. The 
enforcement unit may communicate by channel 16 VHF-FM radiotelephone, 
2182 kHz (SSB) radiotelephone, message block from an aircraft, flashing 
light or flag signals from the International Code of Signals, hand 
signal, placard, loudhailer, or other appropriate means. The following

[[Page 55]]

signals, extracted from the International Code of Signals, are among 
those that may be used.
    (i) ``AA, AA, AA, etc.'', which is the call for an unknown station. 
The signaled vessel should respond by identifying itself or by 
illuminating the vessel identification required by Sec. 600.505.
    (ii) ``RY-CY'', meaning ``You should proceed at slow speed, a boat 
is coming to you''.
    (iii) ``SQ3'', meaning ``You should stop or heave to; I am going to 
board you''.
    (iv) ``L'', meaning ``You should stop your vessel instantly.''
    (2) Failure of an FFV's operator to stop the vessel when directed to 
do so by an authorized officer using VHF-FM radiotelephone (channel 16), 
2182 kHz (SSB) radiotelephone (where required), message block from an 
aircraft, flashing light signal, flaghoist, or loudhailer constitutes a 
violation of this subpart.
    (3) The operator of or any person aboard an FFV who does not 
understand a signal from an enforcement unit and who is unable to obtain 
clarification by radiotelephone or other means must consider the signal 
to be a command to stop the FFV instantly.
    (d) Boarding. The operator of an FFV signaled for boarding must--
    (1) Monitor 2182 kHz (SSB) radiotelephone and channel 16 (156.8 mHz) 
VHF-FM radiotelephone.
    (2) Stop immediately and lay to or maneuver in such a way as to 
maintain the safety of the FFV and facilitate boarding by the authorized 
officer and the boarding party or an observer.
    (3) Provide the authorized officer, boarding party, or observer a 
safe pilot ladder. The operator must ensure the pilot ladder is securely 
attached to the FFV and meets the construction requirements of 
Regulation 17, Chapter V of the International Convention for the Safety 
of Life at Sea (SOLAS), 1974 (TIAS 9700 and 1978 Protocol, TIAS 10009), 
or a substantially equivalent national standard approved by letter from 
the Assistant Administrator, with agreement with the USCG. Safe pilot 
ladder standards are summarized below:
    (i) The ladder must be of a single length of not more than 9 m (30 
ft), capable of reaching the water from the point of access to the FFV, 
accounting for all conditions of loading and trim of the FFV and for an 
adverse list of 15 deg.. Whenever the distance from sea level to the 
point of access to the ship is more than 9 m (30 ft), access must be by 
means of an accommodation ladder or other safe and convenient means.
    (ii) The steps of the pilot ladder must be--
    (A) Of hardwood, or other material of equivalent properties, made in 
one piece free of knots, having an efficient non-slip surface; the four 
lowest steps may be made of rubber of sufficient strength and stiffness 
or of other suitable material of equivalent characteristics.
    (B) Not less than 480 mm (19 inches) long, 115 mm (4.5 inches) wide, 
and 25 mm (1 inch) in depth, excluding any non-slip device.
    (C) Equally spaced not less than 300 millimeters (12 inches) nor 
more than 380 mm (15 inches) apart and secured in such a manner that 
they will remain horizontal.
    (iii) No pilot ladder may have more than two replacement steps that 
are secured in position by a method different from that used in the 
original construction of the ladder.
    (iv) The side ropes of the ladder must consist of two uncovered 
manila ropes not less than 60 mm (2.25 inches) in circumference on each 
side (or synthetic ropes of equivalent size and equivalent or greater 
strength). Each rope must be continuous, with no joints below the top 
step.
    (v) Battens made of hardwood, or other material of equivalent 
properties, in one piece and not less than 1.80 m (5 ft 10 inches) long 
must be provided at such intervals as will prevent the pilot ladder from 
twisting. The lowest batten must be on the fifth step from the bottom of 
the ladder and the interval between any batten and the next must not 
exceed nine steps.
    (vi) Where passage onto or off the ship is by means of a bulwark 
ladder, two handhold stanchions must be fitted at the point of boarding 
or leaving the FFV not less than 0.70 m (2 ft 3 inches) nor more than 
0.80 m (2 ft 7 inches) apart, not less than 40 mm (2.5 inches) in 
diameter, and must extend not less

[[Page 56]]

than 1.20 m (3 ft 11 inches) above the top of the bulwark.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or observer, provide a manrope, safety line, and 
illumination for the ladder; and
    (5) Take such other actions as necessary to ensure the safety of the 
authorized officer and the boarding party and to facilitate the boarding 
and inspection.
    (e) Access and records. (1) The owner and operator of each FFV must 
provide authorized officers access to all spaces where work is conducted 
or business papers and records are prepared or stored, including but not 
limited to, personal quarters and areas within personal quarters.
    (2) The owner and operator of each FFV must provide to authorized 
officers all records and documents pertaining to the fishing activities 
of the vessel, including but not limited to, production records, fishing 
logs, navigation logs, transfer records, product receipts, cargo stowage 
plans or records, draft or displacement calculations, customs documents 
or records, and an accurate hold plan reflecting the current structure 
of the vessel's storage and factory spaces.
    (f) Product storage. The operator of each permitted FFV storing fish 
or fish products in a storage space must ensure that all non-fish 
product items are neither stowed beneath nor covered by fish products, 
unless required to maintain the stability and safety of the vessel. 
These items include, but are not limited to, portable conveyors, exhaust 
fans, ladders, nets, fuel bladders, extra bin boards, or other movable 
non-product items. These items may be in the space when necessary for 
safety of the vessel or crew or for storage of the product. Lumber, bin 
boards, or other dunnage may be used for shoring or bracing of product 
to ensure safety of crew and to prevent shifting of cargo within the 
space.

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



Sec. 600.505  Prohibitions.

    (a) It is unlawful for any person to do any of the following:
    (1) Ship, transport, offer for sale, sell, purchase, import, export, 
or have custody, control, or possession of any fish taken or retained in 
violation of the Magnuson-Stevens Act, the applicable GIFA, this 
subpart, or any permit issued under this subpart;
    (2) Refuse to allow an authorized officer to board an FFV for 
purposes of conducting any search or inspection in connection with the 
enforcement of the Magnuson-Stevens Act, the applicable GIFA, this 
subpart, or any other permit issued under this subpart;
    (3) Assault, resist, oppose, impede, intimidate, or interfere with 
any authorized officer in the conduct of any inspection or search 
described in paragraph (a)(2) of this section;
    (4) Resist a lawful arrest for any act prohibited by the Magnuson-
Stevens Act, the applicable GIFA, this subpart, or any permit issued 
under this subpart;
    (5) Interfere with, delay, or prevent by any means the apprehension 
or arrest of another person with the knowledge that such other person 
has committed any act prohibited by the Magnuson-Stevens Act, the 
applicable GIFA, this subpart, or any permit issued under this subpart;
    (6) Interfere with, obstruct, delay, oppose, impede, intimidate, or 
prevent by any means any boarding, investigation or search, wherever 
conducted, in the process of enforcing the Magnuson-Stevens Act, the 
applicable GIFA, this subpart, or any permit issued under this subpart;
    (7) Engage in any fishing activity for which the FFV does not have a 
permit as required under Sec. 600.501;
    (8) Engage in any fishing activity within the EEZ without a U.S. 
observer aboard the FFV, unless the requirement has been waived by the 
Assistant Administrator or appropriate Regional Administrator;
    (9) Retain or attempt to retain, directly or indirectly, any U.S. 
harvested fish, unless the FFV has a permit for Activity Codes 4, 6, or 
10;
    (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;

[[Page 57]]

    (11) Violate any provision of the applicable GIFA;
    (12) Falsely or incorrectly complete (including by omission) a 
permit application or permit form as specified in Sec. 600.501 (d) and 
(k);
    (13) Fail to report to the Assistant Administrator within 15 days 
any change in the information contained in the permit application for a 
FFV, as specified in Sec. 600.501(k);
    (14) Assault, resist, oppose, impede, intimidate, or interfere with 
an observer placed aboard an FFV under this subpart;
    (15) Interfere with or bias the sampling procedure employed by an 
observer, including sorting or discarding any catch prior to sampling, 
unless the observer has stated that sampling will not occur; or tamper 
with, destroy, or discard an observer's collected samples, equipment, 
records, photographic film, papers, or effects without the express 
consent of the observer;
    (16) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer from collecting samples, 
conducting product recovery rate determinations, making observations, or 
otherwise performing the observer's duties;
    (17) Harass or sexually harass an authorized officer or observer;
    (18) Fail to provide the required assistance to an observer as 
described at Sec. 600.506 (c) and (e);
    (19) Fail to identify, falsely identify, fail to properly maintain, 
or obscure the identification of the FFV or its gear as required by this 
subpart;
    (20) Falsify or fail to make, keep, maintain, or submit any record 
or report required by this subpart;
    (21) Fail to return to the sea or fail to otherwise treat prohibited 
species as required by this subpart;
    (22) Fail to report or falsely report any gear conflict;
    (23) Fail to report or falsely report any loss, jettisoning, or 
abandonment of fishing gear or other article into the EEZ that might 
interfere with fishing, obstruct fishing gear or vessels, or cause 
damage to any fishery resource or marine mammals;
    (24) Continue Activity Codes 1 through 4 after those activity codes 
have been canceled under Sec. 600.511;
    (25) Fail to maintain health and safety standards set forth in 
Sec. 600.506(d);
    (26) Violate any provisions of regulations for specific fisheries of 
this subpart;
    (27) On a scientific research vessel, engage in fishing other than 
recreational fishing authorized by applicable state, territorial, or 
Federal regulations;
    (28) Violate any provision of this subpart, the Magnuson-Stevens 
Act, the applicable GIFA, any notice issued under this subpart or any 
permit issued under this subpart; or
    (29) Attempt to do any of the foregoing.
    (b) It is unlawful for any FFV, and for the owner or operator of any 
FFV except an FFV engaged only in recreational fishing, to fish--
    (1) Within the boundaries of any state, unless:
    (i) 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
    (ii) The fishing is authorized by, and conducted in accordance with, 
a valid permit issued under Sec. 600.501, and the Governor of that state 
has indicated concurrence to allow fishing consisting solely of 
transporting fish or fish products from a point within the boundaries of 
that state to a point outside the United States; or
    (2) Within the EEZ, or for any anadromous species or continental 
shelf fishery resources beyond the EEZ, unless the fishing is authorized 
by, and conducted in accordance with, a valid permit issued under 
Sec. 600.501.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 
FR 39020, July 21, 1999]



Sec. 600.506  Observers.

    (a) General. To carry out such scientific, compliance monitoring, 
and other functions as may be necessary or appropriate to carry out the 
purposes of the Magnuson-Stevens Act, the appropriate Regional 
Administrator or Science and Research Director (see table 2 to 
Sec. 600.502) may assign U.S. observers to FFV's. Except as provided

[[Page 58]]

for in section 201(h)(2) of the Magnuson-Stevens Act, no FFV may conduct 
fishing operations within the EEZ unless a U.S. observer is aboard.
    (b) Effort plan. To ensure the availability of an observer as 
required by this section, the owners and operators of FFV's wanting to 
fish within the EEZ will submit to the appropriate Regional 
Administrator or Science and Research Director and also to the Chief, 
Financial Services Division, NMFS, 1315 East West Highway, Silver 
Spring, MD 20910 a schedule of fishing effort 30 days prior to the 
beginning of each quarter. A quarter is a time period of 3 consecutive 
months beginning January 1, April 1, July 1, and October 1 of each year. 
The schedule will contain the name and IRCS of each FFV intending to 
fish within the EEZ during the upcoming quarter, and each FFV's expected 
date of arrival and expected date of departure.
    (1) The appropriate Regional Administrator or Science and Research 
Director must be notified immediately of any substitution of vessels or 
any cancellation of plans to fish in the EEZ for FFV's listed in the 
effort plan required by this section.
    (2) If an arrival date of an FFV will vary more than 5 days from the 
date listed in the quarterly schedule, the appropriate Regional 
Administrator or Science and Research Director must be notified at least 
10 days in advance of the rescheduled date of arrival. If the notice 
required by this paragraph (b)(2) is not given, the FFV may not engage 
in fishing until an observer is available and has been placed aboard the 
vessel or the requirement has been waived by the appropriate Regional 
Administrator or Science and Research Director.
    (c) Assistance to observers. To assist the observer in the 
accomplishment of his or her assigned duties, the owner and operator of 
an FFV to which an observer is assigned must--
    (1) Provide, at no cost to the observer or the United States, 
accommodations for the observer aboard the FFV that are equivalent to 
those provided to the officers of that vessel.
    (2) Cause the FFV to proceed to such places and at such times as may 
be designated by the appropriate Regional Administrator or Science and 
Research Director for the purpose of embarking and debarking the 
observer.
    (3) Allow the observer to use the FFV's communications equipment and 
personnel upon demand for the transmission and receipt of messages.
    (4) Allow the observer access to and use of the FFV's navigation 
equipment and personnel upon demand to determine the vessel's position.
    (5) Allow the observer free and unobstructed access to the FFV's 
bridge, trawl, or working decks, holding bins, processing areas, freezer 
spaces, weight scales, cargo holds and any other space that may be used 
to hold, process, weigh, or store fish or fish products at any time.
    (6) Allow the observer to inspect and copy the FFV's daily log, 
communications log, transfer log, and any other log, document, notice, 
or record required by these regulations.
    (7) Provide the observer copies of any records required by these 
regulations upon demand.
    (8) Notify the observer at least 15 minutes before fish are brought 
on board or fish or fish products are transferred from the FFV to allow 
sampling the catch or observing the transfer, unless the observer 
specifically requests not to be notified.
    (9) Provide all other reasonable assistance to enable the observer 
to carry out his or her duties.
    (d) Health and safety standards. All foreign fishing vessels to 
which an observer is deployed must maintain, at all times that the 
vessel is in the EEZ, the following:
    (1) At least one working radar.
    (2) Functioning navigation lights as required by international law.
    (3) A watch on the bridge by appropriately trained and experienced 
personnel while the vessel is underway.
    (4) Lifeboats and/or inflatable life rafts with a total carrying 
capacity equal to or greater than the number of people aboard the 
vessel. Lifeboats and inflatable life rafts must be maintained in good 
working order and be readily available.
    (5) Life jackets equal or greater in number to the total number of 
persons aboard the vessel. Life jackets must be

[[Page 59]]

stowed in readily accessible and plainly marked positions throughout the 
vessel, and maintained in a state of good repair.
    (6) At least one ring life buoy for each 25 ft (7.6 m) of vessel 
length, equipped with automatic water lights. Ring life buoys must have 
an outside diameter of not more than 32 inches (81.3 cm) nor less than 
30 inches (76.2 cm), and must be maintained in a state of good repair. 
Ring life buoys must be readily available, but not positioned so they 
pose a threat of entanglement in work areas. They must be secured in 
such a way that they can be easily cast loose in the event of an 
emergency.
    (7) At least one VHF-FM radio with a functioning channel 16 (156.8 
mHz), International Distress, Safety and Calling Frequency, and one 
functioning AM radio (SSB-Single Side Band) capable of operating at 2182 
kHz (SSB). Radios will be maintained in a radio room, chartroom, or 
other suitable location.
    (8) At least one Emergency Position Indicating Radio Beacon (EPIRB), 
approved by the USCG for offshore commercial use, stowed in a location 
so as to make it readily available in the event of an emergency.
    (9) At least six hand-held, rocket-propelled, parachute, red-flare 
distress signals, and three orange-smoke distress signals stowed in the 
pilothouse or navigation bridge in portable watertight containers.
    (10) All lights, shapes, whistles, foghorns, fog bells and gongs 
required by and maintained in accordance with the International 
Regulations for Preventing Collisions at Sea.
    (11) Clean and sanitary conditions in all living spaces, food 
service and preparation areas and work spaces aboard the vessel.
    (e) Observer transfers. (1) The operator of the FFV must ensure that 
transfers of observers at sea via small boat or raft are carried out 
during daylight hours as weather and sea conditions allow, and with the 
agreement of the observer involved. The FFV operator must provide the 
observer 3 hours advance notice of at-sea transfers, so that the 
observer may collect personal belongings, equipment, and scientific 
samples.
    (2) The FFV's involved must provide a safe pilot ladder and conduct 
the transfer according to the procedures of Sec. 600.504(d) to ensure 
the safety of the during the transfer.
    (3) An experienced crew member must assist the observer in the small 
boat or raft in which the transfer is made.
    (f) Supplementary observers. In the event funds are not available 
from Congressional appropriations of fees collected to assign an 
observer to a foreign fishing vessel, the appropriate Regional 
Administrator or Science and Research Director will assign a 
supplementary observer to that vessel. The costs of supplementary 
observers will be paid for by the owners and operators of foreign 
fishing vessels as provided for in paragraph (h) of this section.
    (g) Supplementary observer authority and duties. (1) A supplementary 
observer aboard a foreign fishing vessel has the same authority and must 
be treated in all respects as an observer who is employed by NMFS, 
either directly or under contract.
    (2) The duties of supplementary observers and their deployment and 
work schedules will be specified by the appropriate Regional 
Administrator or Science and Research Director.
    (3) All data collected by supplementary observers will be under the 
exclusive control of the Assistant Administrator.
    (h) Supplementary observer payment--(1) Method of payment. The 
owners and operators of foreign fishing vessels must pay directly to the 
contractor the costs of supplementary observer coverage. Payment must be 
made to the contractor supplying supplementary observer coverage either 
by letter of credit or certified check drawn on a federally chartered 
bank in U.S. dollars, or other financial institution acceptable to the 
contractor. The letter of credit used to pay supplementary observer fees 
to contractors must be separate and distinct from the letter of credit 
required by Sec. 600.518(b)(2). Billing schedules will be specified by 
the terms of the contract between NOAA and the contractors. Billings for 
supplementary observer coverage will be approved by

[[Page 60]]

the appropriate Regional Administrator or Science and Research Director 
and then transmitted to the owners and operators of foreign fishing 
vessels by the appropriate designated representative. Each country will 
have only one designated representative to receive observer bills for 
all vessels of that country, except as provided for by the Assistant 
Administrator. All bills must be paid within 10 working days of the 
billing date. Failure to pay an observer bill will constitute grounds to 
revoke fishing permits. All fees collected under this section will be 
considered interim in nature and subject to reconciliation at the end of 
the fiscal year in accordance with paragraph (h)(4) of this section and 
Sec. 600.518(d).
    (2) Contractor costs. The costs charged for supplementary observer 
coverage to the owners and operators of foreign fishing vessels may not 
exceed the costs charged to NMFS for the same or similar services, 
except that contractors may charge to the owners and operators of 
foreign fishing vessels an additional fee to cover the administrative 
costs of the program not ordinarily part of contract costs charged to 
NMFS. The costs charged foreign fishermen for supplementary observers 
may include, but are not limited to the following:
    (i) Salary and benefits, including overtime, for supplementary 
observers.
    (ii) The costs of post-certification training required by paragraph 
(j)(2) of this section.
    (iii) The costs of travel, transportation, and per diem associated 
with deploying supplementary observers to foreign fishing vessels 
including the cost of travel, transportation, and per diem from the 
supplementary observer's post of duty to the point of embarkation to the 
foreign fishing vessel, and then from the point of disembarkation to the 
post of duty from where the trip began. For the purposes of these 
regulations, the appropriate Regional Administrator or Science and 
Research Director will designate posts of duty for supplementary 
observers.
    (iv) The costs of travel, transportation, and per diem associated 
with the debriefing following deployment of a supplementary observer by 
NMFS officials.
    (v) The administrative and overhead costs incurred by the contractor 
and, if appropriate, a reasonable profit.
    (3) NMFS costs. The owners and operators of foreign fishing vessels 
must also pay to NMFS as part of the surcharge required by section 
201(i)(4) of the Magnuson-Stevens Act, the following costs:
    (i) The costs of certifying applicants for the position of 
supplementary observer.
    (ii) The costs of any equipment, including safety equipment, 
sampling equipment, operations manuals, or other texts necessary to 
perform the duties of a supplementary observer. The equipment will be 
specified by the appropriate Regional Administrator or Science and 
Research Director according to the requirements of the fishery to which 
the supplementary observer will be deployed.
    (iii) The costs associated with communications with supplementary 
observers for transmission of data and routine messages.
    (iv) For the purposes of monitoring the supplementary observer 
program, the costs for the management and analysis of data.
    (v) The costs for data editing and entry.
    (vi) Any costs incurred by NMFS to train, deploy or debrief a 
supplementary observer.
    (vii) The cost for U.S. Customs inspection for supplementary 
observers disembarking after deployment.
    (4) Reconciliation. Fees collected by the contractor in excess of 
the actual costs of supplementary observer coverage will be refunded to 
the owners and operators of foreign fishing vessels, or kept on deposit 
to defray the costs of future supplementary observer coverage. Refunds 
will be made within 60 days after final costs are determined and 
approved by NMFS.
    (i) Supplementary observer contractors--(1) Contractor eligibility. 
Supplementary observers will be obtained by NMFS from persons or firms 
having established contracts to provide NMFS with observers. In the 
event no such contract is in place, NMFS will use established, 
competitive contracting procedures to select persons or firms to provide 
supplementary observers. The services supplied by the supplementary

[[Page 61]]

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

[[Page 62]]

informal fact-finding inquiry and prepare a report and recommendations.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7074, 7075, Feb. 12, 
1998; 64 FR 39020, July 21, 1999]



Sec. 600.507  Recordkeeping.

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

[[Page 63]]

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

[[Page 64]]

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

[[Page 65]]

deck weights. Entries for product weights must be based on the number of 
production units (pans, boxes, blocks, trays, cans, or bags) and the 
average weight of the production unit, with reasonable allowances for 
water added. Allowances for water added cannot exceed 5 percent of the 
unit weight. Product weights cannot be based on the commercial or 
arbitrary wholesale weight of the product, but must be based on the 
total actual weight of the product as determined by representative 
samples.
    (3) The owner or operator must make all entries in indelible ink, 
with corrections to be accomplished by lining out and rewriting, rather 
than erasure.
    (i) Alternative log formats. As an alternative to the use of the 
specific formats provided, a Nation may submit a proposed log format for 
FFV's of that Nation for a general type of fishery operation in a 
fishery (i.e., joint venture operations) to the appropriate Regional 
Administrator and the USCG commander (see tables 1 and 2 to 
Sec. 600.502). With the agreement of the USCG commander, the Regional 
Administrator may authorize the use of that log format for vessels of 
the requesting Nation.

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



Sec. 600.508  Fishing operations.

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

[[Page 66]]

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.
    (g) Transshipping. Each FFV with Activity Code 1, 2, 3, 4, 5, 6, 7, 
8, or 10 may transship in accordance with this subpart and the vessel's 
permit.

[61 FR 32540, June 24, 1996, as amended at 62 FR 27183, May 19, 1997; 62 
FR 34397, June 26, 1997; 64 FR 39020, July 21, 1999]



Sec. 600.509  Prohibited species.

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



Sec. 600.510  Gear avoidance and disposal.

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



Sec. 600.511  Fishery closure procedures.

    (a) Activity Codes 1 and 2 for a fishery are automatically canceled 
in the

[[Page 67]]

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

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



Sec. 600.512  Scientific research.

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

[[Page 68]]

to the appropriate Science and Research Director.

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



Sec. 600.513  Recreational fishing.

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



Sec. 600.514  Relation to other laws.

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



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

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

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



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

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

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

[[Page 69]]



Sec. 600.517  Allocations.

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



Sec. 600.518  Fee schedule for foreign fishing.

    (a) Permit application fees. Each vessel permit application 
submitted under Sec. 600.501 must be accompanied by a fee. The amount of 
the fee will be determined in accordance with the procedures for 
determining administrative costs of each special product or service 
contained in the NOAA Finance Handbook, which is available upon request 
from the International Fisheries Division (see address at 
Sec. 600.501(d)(1)). The fee is specified with the application form. At 
the time the application is submitted, a check for the fees, drawn on a 
U.S. bank, payable to the order of ``Department of Commerce, NOAA,'' 
must be sent to the Assistant Administrator. The permit fee payment must 
be accompanied by a list of the vessels for which the payment is made. 
In the case of applications for permits authorizing activity code 10, 
the permit application fee will be waived if the applicant provides 
satisfactory documentary proof to the Assistant Administrator that the 
foreign nation under which the vessel is registered does not collect a 
fee from a vessel of the United States engaged in similar activities in 
the waters of such foreign nation. The documentation presented (e.g., 
copy of foreign fishing regulations applicable to vessels of the United 
States) must clearly exempt vessels of the United States from such a 
fee.
    (b) Poundage fees. (1) Rates. If a Nation chooses to accept an 
allocation, poundage fees must be paid at the rate specified in the 
following table.

                    TABLE--SPECIES AND POUNDAGE FEES
                         [Dollars per metric ton]
------------------------------------------------------------------------
                                                                Poundage
                           Species                                fees
------------------------------------------------------------------------
Northwest Atlantic Ocean fisheries:
  1. Butterfish..............................................     277.96
  2. Herring, Atlantic.......................................      25.75
  3. Herring, River..........................................      49.59
  4. Mackerel, Atlantic......................................      64.76
  5. Other finfish...........................................      45.48
  6. Squid, Illex............................................      97.56
  7. Squid, Loligo...........................................     321.68
------------------------------------------------------------------------

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

[[Page 70]]

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

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 
FR 39020, July 21, 1999; 66 FR 28132, May 22, 2001]



Sec. 600.520  Northwest Atlantic Ocean fishery.

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

[[Page 71]]

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

[[Page 72]]

[GRAPHIC] [TIFF OMITTED] TR24JN96.000

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



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



Sec. 600.605  General policy.

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



Sec. 600.610  Factual findings for Federal preemption.

    (a) The two factual findings for Federal preemption of state 
management authority over a fishery are:
    (1) The fishing in a fishery that is covered by an FMP implemented 
under

[[Page 73]]

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

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



Sec. 600.615  Commencement of proceedings.

    (a) Notice of proposed preemption. (1) If a proceeding under this 
part is deemed necessary, the Administrator must issue a notice of 
proposed preemption to the Attorney General of the State or States 
concerned. The notice will contain:
    (i) A recital of the legal authority and jurisdiction for 
instituting the proceeding.
    (ii) A concise statement of the Sec. 600.610 factual findings for 
Federal preemption upon which the notice is based.
    (iii) The time, place, and date of the hearing.
    (2) The notice of proposed preemption will also be published in the 
Federal Register. This notification may be combined with any notice of 
proposed rulemaking published under paragraph (d)(1) of this section.
    (b) Response. The state will have the opportunity to respond in 
writing to the notice of proposed preemption.
    (c) Amendment. The Administrator may, at any time prior to the 
Secretary's decision, withdraw the notice of proposed preemption. Upon 
motion of either party before the record is closed, the administrative 
law judge may amend the notice of proposed preemption.
    (d) Proposed regulations--(1) In general. If additional regulations 
are required to govern fishing within the boundaries of a state, the 
Administrator may publish proposed regulations in the Federal Register 
concurrently with issuing the notification indicated in paragraph (a) of 
this section.
    (2) Emergency actions. Nothing in this section will prevent the 
Secretary from taking emergency action under section 305(c) of the 
Magnuson-Stevens Act.

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



Sec. 600.620  Rules pertaining to the hearing.

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

[[Page 74]]

and 600.620) to expedite the proceedings, upon application and 
appropriate showing of need or emergency circumstances by a party.
    (2) Intervention. Intervention by persons not parties is not 
allowed.



Sec. 600.625  Secretary's decision.

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



Sec. 600.630  Application for reinstatement of state authority.

    (a) Application or notice. (1) At any time after the promulgation of 
regulations under Sec. 600.625(b)(1) to regulate a fishery within a 
state's boundaries, the affected state may apply to the Secretary for 
reinstatement of state authority. The Secretary may also serve upon such 
state a notice of intent to terminate such Federal regulation. A state's 
application must include a clear and concise statement of:
    (i) The action taken by the State to correct the action or omission 
found to have substantially and adversely affected the carrying out of 
the FMP; or
    (ii) Any changed circumstances that affect the relationship of the 
state's action or omission to take action to the carrying out of the FMP 
(including any amendment to such plan); and
    (iii) Any laws, regulations, or other materials that the state 
believes support the application.
    (2) Any such application received by the Secretary or notice issued 
to the State will be published in the Federal Register.
    (b) Informal response. The Secretary has sole discretion to accept 
or reject the application or response. If the Secretary accepts the 
application or rejects any responses and finds that the reasons for 
regulation of the fishery within the boundaries of the state no longer 
prevail, the Secretary will promptly terminate such regulation and 
publish in the Federal Register any regulatory amendments necessary to 
accomplish that end.
    (c) Hearing. The Secretary has sole discretion to direct the 
Administrator to schedule hearings for the receipt of evidence by an 
administrative law judge. Hearings before the administrative law judge 
to receive such evidence will be conducted in accordance with 
Sec. 600.620. Upon conclusion of such hearings, the administrative law 
judge will certify the record and a recommended decision to the 
Secretary. If the Secretary, upon consideration of the state's 
application or any response to the notice published under 
Sec. 600.630(a)(2), the hearing record, the recommended decision, and 
any other relevant materials finds that the reasons for regulation of 
the fishery within the boundaries of the state no longer prevail, the 
Secretary will promptly terminate such regulation and publish in the 
Federal Register any regulatory amendments necessary to accomplish that 
end.

[[Page 75]]



          Subpart H--General Provisions for Domestic Fisheries



Sec. 600.705  Relation to other laws.

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



Sec. 600.710  Permits.

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



Sec. 600.715  Recordkeeping and reporting.

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



Sec. 600.720  Vessel and gear identification.

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



Sec. 600.725  General prohibitions.

    It is unlawful for any person to do any of the following:
    (a) Possess, have custody or control of, ship, transport, offer for 
sale, sell, purchase, land, import, or export, any fish or parts thereof 
taken or retained in violation of the Magnuson-Stevens Act or any other 
statute administered by NOAA and/or any regulation or permit issued 
under the Magnuson-Stevens Act.
    (b) Transfer or attempt to transfer, directly or indirectly, any 
U.S.-harvested fish to any foreign fishing vessel, while such vessel is 
in the EEZ, unless the foreign fishing vessel has been issued a permit 
under section 204 of the Magnuson-Stevens Act, which authorizes the 
receipt by such vessel of U.S.- harvested fish.
    (c) Fail to comply immediately with enforcement and boarding 
procedures specified in Sec. 600.730.
    (d) Refuse to allow an authorized officer to board a fishing vessel 
or to enter areas of custody for purposes of conducting any search, 
inspection, or seizure in connection with the enforcement of the 
Magnuson-Stevens Act or any other statute administered by NOAA.

[[Page 76]]

    (e) Dispose of fish or parts thereof or other matter in any manner, 
after any communication or signal from an authorized officer, or after 
the approach by an authorized officer or an enforcement vessel or 
aircraft.
    (f) Assault, resist, oppose, impede, intimidate, threaten, or 
interfere with any authorized officer in the conduct of any search, 
inspection, or seizure in connection with enforcement of the Magnuson-
Stevens Act or any other statute administered by NOAA.
    (g) Interfere with, delay, or prevent by any means, the apprehension 
of another person, knowing that such person has committed any act 
prohibited by the Magnuson-Stevens Act or any other statute administered 
by NOAA.
    (h) Resist a lawful arrest for any act prohibited under the 
Magnuson-Stevens Act or any other statute administered by NOAA.
    (i) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, offer of sale, possession, transport, import, export, or transfer 
of any fish, or attempts to do any of the above.
    (j) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson-Stevens Act or any other 
statute administered by NOAA.
    (k) Fish in violation of the terms or conditions of any permit or 
authorization issued under the Magnuson-Stevens Act or any other statute 
administered by NOAA.
    (l) Fail to report catches as required while fishing pursuant to an 
exempted fishing permit.
    (m) On a scientific research vessel, engage in fishing other than 
recreational fishing authorized by applicable state or Federal 
regulations.
    (n) Trade, barter, or sell; or attempt to trade, barter, or sell 
fish possessed or retained while fishing pursuant to an authorization 
for an exempted educational activity.
    (o) Harass or sexually harass an authorized officer or an observer.
    (p) Fail to submit to a USCG safety examination when required by 
NMFS pursuant to Sec. 600.746.
    (q) Fail to display a Commercial Fishing Vessel Safety Examination 
decal or a valid certificate of compliance or inspection pursuant to 
Sec. 600.746.
    (r) Fail to provide to an observer, a NMFS employee, or a designated 
observer provider information that has been requested pursuant to 
Sec. 600.746, or fail to allow an observer, a NMFS employee, or a 
designated observer provider to inspect any item described at 
Sec. 600.746.
    (s) Fish without an observer when the vessel is required to carry an 
observer.
    (t) Assault, oppose, impede, intimidate, or interfere with a NMFS-
approved observer aboard a vessel.
    (u) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer from conducting his or her 
duties aboard a vessel.
    (v) The use of any gear or participation in a fishery not on the 
following list of authorized fisheries and gear is prohibited after 
December 1, 1999. A fish, regardless whether targeted, may be retained 
only if it is taken within a listed fishery, is taken with a gear 
authorized for that fishery, and is taken in conformance with all other 
applicable regulations. Listed gear can only be used in a manner that is 
consistent with existing laws and regulations. The list of fisheries and 
authorized gear does not, in any way, alter or supersede any definitions 
or regulations contained elsewhere in this chapter. A person or vessel 
is prohibited from engaging in fishing or employing fishing gear when 
such fishing gear is prohibited or restricted by regulation under an FMP 
or other applicable law. However, after December 1, 1999, an individual 
fisherman may notify the appropriate Council, or the Director, in the 
case of Atlantic highly migratory species, of the intent to use a gear 
or participate in a fishery not already on the list. Ninety days after 
such notification, the individual may use the gear or participate in 
that fishery unless regulatory action is taken to prohibit the use of 
the gear or participate in the fishery (e.g., through emergency or 
interim regulations). The list of authorized fisheries and gear is as 
follows:

[[Page 77]]



------------------------------------------------------------------------
                  Fishery                       Authorized gear types
------------------------------------------------------------------------
            I. New England Fishery Management Council (NEFMC)
------------------------------------------------------------------------
 1. Atlantic Sea Scallop Fishery (FMP):
    A. Dredge fishery.....................  A. Dredge.
    B. Trawl fishery......................  B. Trawl.
    C. Hand harvest fishery...............  C. Hand harvest.
    D. Recreational fishery...............  D. Hand harvest.
 2. Iceland Scallop Fishery (Non-FMP):
    A. Dredge fishery.....................  A. Dredge.
    B. Trawl fishery......................  B. Trawl.
 3. Atlantic Salmon Fishery (FMP).........  No harvest or possession in
                                             the EEZ.
 4. Striped Bass Fishery (Non-FMP)........  No harvest or possession in
                                             the EEZ.
 5. Northeast (NE) Multispecies Fishery
 (FMP):
    A. NE multispecies sink gillnet         A. Gillnet.
     fishery.
    B. North Atlantic bottom trawl fishery  B. Trawl.
    C. Groundfish hook and line fishery...  C. Longline, handline, rod
                                             and reel.
    D. Mixed species trap and pot fishery.  D. Trap, pot.
    E. Dredge fishery.....................  E. Dredge.
    F. Seine fishery......................  F. Seine.
    G. Recreational fishery...............  G. Rod and reel, handline,
                                             spear.
 6. American Lobster Fishery (FMP):
    A. Lobster pot and trap fishery.......  A. Pot, trap.
    B. North Atlantic bottom trawl fishery  B. Trawl.
    C. Dredge fishery.....................  C. Dredge.
    D. Hand harvest fishery...............  D. Hand harvest.
    E. Gillnet fishery....................  E. Gillnet.
    F. Recreational fishery...............  F. Pot, trap, hand harvest.
 7. Atlantic Herring Fishery (FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Purse seine fishery................  B. Purse seine.
    C. Gillnet fishery....................  C. Gillnet.
    D. Herring pair trawl fishery.........  D. Pair trawl.
    E. Dredge fishery.....................  E. Dredge.
    F. Recreational fishery...............  F. Hook and line, gillnet.
 8. Spiny Dogfish Fishery (FMP jointly
 managed by MAFMC and NEFMC):
    A. Gillnet fishery....................  A. Gillnet.
    B. Trawl fishery......................  B. Trawl.
    C. Hook and line fishery..............  C. Hook and line, rod and
                                             reel, spear.
    D. Dredge fishery.....................  D. Dredge.
    E. Longline fishery...................  E. Longline.
    F. Recreational fishery...............  F. Hook and line, rod and
                                             reel, spear.
 9. Atlantic Bluefish Fishery (FMP managed
 by MAFMC):
    A. Pelagic longline and hook and line   A. Longline, handline.
     fishery.
    B. Seine fishery......................  B. Purse seine, seine.
    C. Mixed species pot and trap fishery.  C. Pot, trap.
    D. Bluefish, croaker, flounder trawl    D. Trawl.
     fishery.
    E. Gillnet fishery....................  E. Gillnet.
    F. Dredge fishery.....................  F. Dredge.
    G. Recreational fishery...............  G. Rod and reel, handline,
                                             trap, pot, spear.
10. Atlantic Mackerel, Squid and
 Butterfish Fishery (FMP managed by the
 MAFMC):
    A. Mackerel, squid, and butterfish      A. Trawl.
     trawl fishery.
    B. Gillnet fishery....................  B. Gillnet.
    C. Longline and hook-and-line fishery.  C. Longline, handline, rod
                                             and reel.
    D. Purse seine fishery................  D. Purse seine.
    E. Mixed species pot and trap fishery.  E. Pot, trap.
    F. Dredge fishery.....................  F. Dredge.
    G. Dip net fishery....................  G. Dip net.
    H. Bandit gear fishery................  H. Bandit gear.
    I. Recreational fishery...............  I. Rod and reel, handline,
                                             pot, spear.
11. Surf Clam and Ocean Quahog Fishery
 (FMP managed by the MAFMC):
    A. Commercial fishery.................  A. Dredge, hand harvest.
    B. Recreational fishery...............  B. Hand harvest.
12. Atlantic Menhaden Fishery (Non-FMP):
    A. Purse seine fishery................  A. Purse seine.
    B. Trawl fishery......................  B. Trawl.
    C. Gillnet fishery....................  C. Gillnet.
    D. Commercial hook-and-line fishery...  D. Hook and line.
    E. Recreational fishery...............  E. Hook and line, snagging,
                                             cast nets.
13. Weakfish Fishery (Non-FMP):
    A. Commercial fishery.................  A. Trawl, gillnet, hook and
                                             line.
    B. Recreational fishery...............  B. Hook and line, spear.
14. Atlantic Mussel and Sea Urchin Fishery
 (Non-FMP):
    A. Dredge fishery.....................  A. Dredge.
    B. Hand harvest fishery...............  B. Hand harvest.
    C. Recreational fishery...............  C. Hand harvest.
15. Atlantic Skate Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Gillnet fishery....................  B. Gillnet.
    C. Hook-and-line fishery..............  C. Longline and handline.
    D. Dredge fishery.....................  D. Dredge.
    E. Recreational fishery...............  E. Rod and reel.
16. Crab Fishery (Non-FMP):
    A. Dredge fishery.....................  A. Dredge.
    B. Trawl fishery......................  B. Trawl.
    C. Trap and pot fishery...............  C. Trap, pot.
17. Northern Shrimp Fishery (Non-FMP):
    A. Shrimp trawl fishery...............  A. Trawl.
    B. Shrimp pot fishery.................  B. Pot.
18. Monkfish Fishery (FMP jointly managed
 by NEFMC and MAFMC):
    A. Trawl fishery......................  A. Trawl.
    B. Gillnet fishery....................  B. Gillnet.
    C. Longline fishery...................  C. Longline.
    D. Dredge fishery.....................  D. Dredge.
    E. Trap and pot fishery...............  E. Trap, pot.
    F. Recreational fishery...............  F. Rod and reel, spear.
19. Summer Flounder, Scup, Black Sea Bass
 Fishery (FMP managed by MAFMC):

[[Page 78]]

 
    A. Trawl fishery......................  A. Trawl.
    B. Longline and hook and line fishery.  B. Longline, handline.
    C. Mixed species pot and trap fishery.  C. Pot, trap.
    D. Gillnet fishery....................  D. Gillnet.
    E. Dredge fishery.....................  E. Dredge.
    F. Recreational fishery...............  F. Rod and reel, handline,
                                             pot, trap, spear.
20. Hagfish Fishery (Non-FMP).............  Trap, pot.
21. Tautog Fishery (Non-FMP):
    A. Gillnet fishery....................  A. Gillnet.
    B. Pot and trap fishery...............  B. Pot, trap.
    C. Rod and reel, hook and line fishery  C. Rod and reel, handline,
                                             hook and line.
    D. Trawl fishery......................  D. Trawl.
    E. Spear fishery......................  E. Spear.
    F. Fyke net fishery...................  F. Fyke net.
    G. Recreational fishery...............  G. Rod and reel, hook and
                                             line, handline, spear.
22. Recreational Fishery (Non-FMP)........  Rod and reel, handline,
                                             spear, hook and line, hand
                                             harvest, bandit gear,
                                             powerhead, gillnet, cast
                                             net, pot, trap, dip net,
                                             bully net, snare.
23. Commercial Fishery (Non-FMP) Trawl, pot, trap, gillnet, pound net,
 dredge, seine, handline, longline, hook and line, rod and reel, hand
 harvest, purse seine, spear, bandit gear, powerhead, dip net, bully
 net, snare, cast net, barrier net, slurp gun, allowable chemicals..
------------------------------------------------------------------------
           II. Mid-Atlantic Fishery Management Council (MAFMC)
------------------------------------------------------------------------
 1. Summer Flounder, Scup, Black Sea Bass
 Fishery (FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Pelagic longline and hook and line   B. Longline, handline, rod
     fishery.                                and reel.
    C. Mixed species pot and trap fishery.  C. Pot, trap.
    D. Gillnet fishery....................  D. Gillnet.
    E. Dredge fishery.....................  E. Dredge.
    F. Recreational fishery...............  F. Rod and reel, handline,
                                             pot, trap, spear.
 2. Atlantic Bluefish Fishery (FMP):
    A. Bluefish, croaker, and flounder      A. Trawl.
     trawl fishery.
    B. Pelagic longline and hook and line   B. Longline, handline,
     fishery.                                bandit gear, rod and reel.
    C. Mixed species pot and trap fishery.  C. Pot, trap.
    D. Gillnet fishery....................  D. Gillnet.
    E. Seine fishery......................  E. Purse seine, seine.
    F. Dredge fishery.....................  F. Dredge.
    G. Recreational fishery...............  G. Rod and reel, handline,
                                             trap, pot, spear.
 3. Atlantic Mackerel, Squid, and
 Butterfish Fishery (FMP):
    A. Mackerel, squid, and butterfish      A. Trawl.
     trawl fishery.
    B. Gillnet fishery....................  B. Gillnet.
    C. Longline and hook-and-line fishery.  C. Longline, handline, rod
                                             and reel.
    D. Purse seine fishery................  D. Purse seine.
    E. Mixed species pot and trap fishery.  E. Pot, trap.
    F. Dredge fishery.....................  F. Dredge.
    G. Dip net fishery....................  G. Dip net.
    H. Bandit gear fishery................  H. Bandit gear.
    I. Recreational fishery...............  I. Rod and reel, handline,
                                             pot, spear.
 4. Surf Clam and Ocean Quahog Fishery
 (FMP):
    A. Commercial fishery.................  A. Dredge, hand harvest.
    B. Recreational fishery...............  B. Hand harvest.
 5. Atlantic Sea Scallop Fishery (FMP
 managed by NEFMC):
    A. Dredge fishery.....................  A. Dredge.
    B. Trawl fishery......................  B. Trawl.
    C. Hand harvest fishery...............  C. Hand harvest.
    D. Recreational fishery...............  D. Hand harvest.
 6. Atlantic Menhaden Fishery (Non-FMP):
    A. Purse seine fishery................  A. Purse seine.
    B. Trawl fishery......................  B. Trawl.
    C. Gillnet fishery....................  C. Gillnet.
    D. Commercial hook-and-line fishery...  D. Hook and line.
    E. Recreational fishery...............  E. Hook and line, snagging,
                                             cast nets.
 7. Striped Bass Fishery (Non-FMP)........  No harvest or possession in
                                             the EEZ.
 8. Northern Shrimp Trawl Fishery (Non-     Trawl.
 FMP).
 9. American Lobster Fishery (FMP managed
 by NEFMC):
    A. Pot and trap fishery...............  A. Pot, trap.
    B. Hand harvest fishery...............  B. Hand harvest.
    C. Trawl fishery......................  C. Trawl.
    D. Dredge fishery.....................  D. Dredge.
    E. Gillnet fishery....................  E. Gillnet.
    F. Recreational fishery...............  F. Pot, trap, hand harvest.
10. Weakfish Fishery (Non-FMP):
    A. Commercial fishery.................  A. Trawl, gillnet, hook and
                                             line, rod and reel.
    B. Recreational fishery...............  B. Hook and line, spear.
11. Whelk Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Pot and trap fishery...............  B. Pot, trap.
    C. Dredge.............................  C. Dredge.
    D. Pound net, gillnet, seine..........  D. Pound net, gillnet,
                                             seine.
    E. Recreational fishery...............  E. Hand harvest.
12. Monkfish Fishery (FMP jointly managed
 by NEFMC and MAFMC):
    A. Trawl fishery......................  A. Trawl.
    B. Longline fishery...................  B. Longline, rod and reel.
    C. Gillnet fishery....................  C. Gillnet.
    D. Dredge fishery.....................  D. Dredge.
    E. Trap and pot fishery...............  E. Trap and pot.
    F. Recreational fishery...............  F. Rod and reel, spear.
13. Tilefish Fishery (Non-FMP):

[[Page 79]]

 
    A. Groundfish hook-and-line fishery...  A. Longline, handline, rod
                                             and fishery reel.
    B. Trawl fishery......................  B. Trawl.
    C. Recreational fishery...............  C. Rod and reel, spear.
14. Spiny Dogfish Fishery (FMP jointly
 managed by MAFMC and NEFMC):
    A. Gillnet fishery....................  A. Gillnet.
    B. Trawl fishery......................  B. Trawl.
    C. Hook and line fishery..............  C. Hook and line, rod and
                                             reel, spear.
    D. Dredge fishery.....................  D. Dredge.
    E. Longline fishery...................  E. Longline.
    F. Recreational fishery...............  F. Hook and line, rod and
                                             reel, spear.
15. Tautog Fishery (Non-FMP):
    A. Gillnet fishery....................  A. Gillnet.
    B. Pot and trap fishery...............  B. Pot, trap.
    C. Rod and reel, hook and line          C. Rod and reel, hook and
     handline fishery.                       line, handline.
    D. Trawl fishery......................  D. Trawl.
    E. Spear fishery......................  E. Spear.
    F. Fyke net fishery...................  F. Fyke net.
    G. Recreational fishery...............  G. Rod and reel, handline,
                                             hook and line, spear.
16. Coastal Gillnet Fishery (Non-FMP):....  Gillnet
17. Recreational Fishery (Non-FMP)          Rod and reel, handline,
                                             spear, hook and line, hand
                                             harvest, bandit gear,
                                             powerhead, gillnet, cast
                                             net.
18. NE Multispecies Fishery (FMP managed
 by NEFMC):
    A. NE multispecies sink gillnet         A. Gillnet.
     fishery.
    B. North Atlantic bottom trawl fishery  B. Trawl.
    C. Groundfish hook and line...........  C. Longline, handline, rod
                                             and fishery reel.
    D. Mixed species trap and pot fishery.  D. Trap, pot.
    E. Dredge fishery.....................  E. Dredge.
    F. Seine fishery......................  F. Seine.
    G. Recreational fishery...............  G. Rod and reel, handline,
                                             spear.
19. Atlantic Skate Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Gillnet fishery....................  B. Gillnet.
    C. Hook-and-line fishery..............  C. Longline and handline.
    D. Dredge fishery.....................  D. Dredge.
    E. Recreational fishery...............  E. Rod and reel.
20. Crab Fishery (Non-FMP):
    A. Dredge fishery.....................  A. Dredge.
    B. Trawl fishery......................  B. Trawl.
    C. Trap and pot fishery...............  C. Trap, pot.
21. Atlantic Herring Fishery (FMP managed
 by the NEFMC):
    A. Trawl fishery......................  A. Trawl.
    B. Purse seine fishery................  B. Purse seine.
    C. Gillnet fishery....................  C. Gillnet.
    D. Herring pair trawl fishery.........  D. Pair trawl.
    E. Dredge fishery.....................  E. Dredge.
    F. Recreational fishery...............  F. Hook and line, gillnet.
22. South Atlantic Snapper-Grouper Fishery
 (FMP managed by the SAFMC):
    A. Commercial fishery.................  A. Longline, rod and reel,
                                             bandit gear, handline,
                                             spear, powerhead.
    B. Black sea bass trap and pot fishery  B. Pot, trap.
    C. Wreckfish fishery..................  C. Rod and reel, bandit
                                             gear, handline.
    D. Recreational fishery...............  D. Handline, rod and reel,
                                             bandit gear, spear,
                                             powerhead.
23. South Atlantic Coastal Migratory
 Pelagics Fishery (FMP managed by the
 SAFMC):
    A. Commercial Spanish mackerel fishery  A. Handline, rod and reel,
                                             bandit gear, gillnet, cast
                                             net.
    B. Commercial king mackerel fishery...  B. Handline, rod and reel,
                                             bandit gear.
    C. Other commercial coastal migratory   C. Longline, handline, rod
     pelagics fishery.                       and reel, bandit gear.
    D. Recreational fishery...............  D. Bandit gear, rod and
                                             reel, handline, spear.
24. Calico Scallops Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Dredge fishery.....................  B. Dredge.
    C. Recreational fishery...............  C. Hand harvest.
25. Sargassum Fishery (Non-FMP)...........  Trawl.
26. South Atlantic Shrimp Fishery (FMP)...  Trawl.
27. Commercial Fishery (Non-FMP)..........  Trawl, pot, trap, gillnet,
                                             pound net, dredge, seine,
                                             handline, longline, hook
                                             and line, rod and reel,
                                             spear.'
------------------------------------------------------------------------
             III. South Atlantic Fishery Management Council
------------------------------------------------------------------------
 1. Golden Crab Fishery (FMP).............  Trap.
 2. Crab Fishery (Non-FMP):
    A. Dredge fishery.....................  A. Dredge.
    B. Trawl fishery......................  B. Trawl.
    C. Trap and pot fishery...............  C. Trap, pot.
 3. Atlantic Red Drum Fishery (FMP).......  No harvest or possession in
                                             the EEZ.
 4. Coral and Coral Reef Fishery (FMP):
    A. Octocoral commercial fishery.......  Hand harvest.
    B. Live rock aquaculture fishery......  Hand harvest.
 5. South Atlantic Shrimp Fishery (FMP)...  Trawl.
 6. South Atlantic Snapper-Grouper Fishery
 (FMP):
    A. Commercial fishery.................  A. Longline, rod and reel,
                                             bandit gear, handline,
                                             spear, powerhead.
    B. Black sea bass trap and pot fishery  B. Pot, trap.

[[Page 80]]

 
    C. Wreckfish fishery..................  C. Rod and reel, bandit
                                             gear, handline.
    D. Recreational fishery...............  D. Handline, rod and reel,
                                             bandit gear, spear,
                                             powerhead.
 7. South Atlantic Spiny Lobster Fishery
 (FMP):
    A. Commercial fishery.................  A. Trap, pot, dip net, bully
                                             net, snare, hand harvest.
    B. Recreational fishery...............  B. Trap, pot, dip net, bully
                                             net, snare, hand harvest.
 8. South Atlantic Coastal Migratory
 Pelagics Fishery (FMP):
    A. Commercial Spanish mackerel fishery  A. Handline, rod and reel,
                                             bandit gear, gillnet, cast
                                             net.
    B. Commercial king mackerel fishery...  B. Handline, rod and reel,
                                             bandit gear.
    C. Other commercial coastal migratory   C. Longline, handline, rod
     pelagics fishery.                       and reel, bandit gear.
    D. Recreational fishery...............  D. Bandit gear, rod and
                                             reel, handline, spear.
 9. Spiny Dogfish Fishery (FMP jointly
 managed by NEFMC and SAFMC):
    A. Gillnet fishery....................  A. Gillnet.
    B. Trawl fishery......................  B. Trawl.
    C. Hook and line fishery..............  C. Hook and line, rod and
                                             reel, spear, bandit gear.
    D. Dredge fishery.....................  D. Dredge.
    E. Longline fishery...................  E. Longline.
    F. Recreational fishery...............  F. Hook and line, rod and
                                             reel, spear.
10. Smooth Dogfish Fishery (Non-FMP):
    A. Gillnet fishery....................  A. Gillnet.
    B. Trawl fishery......................  B. Trawl.
    C. Hook and line fishery..............  C. Hook and line, rod and
                                             reel, spear, bandit gear.
    D. Dredge fishery.....................  D. Dredge.
    E. Longline fishery...................  E. Longline.
    F. Recreational fishery...............  F. Hook and line, rod and
                                             reel, spear.
11. Atlantic Menhaden Fishery (Non-FMP):
    A. Purse seine fishery................  A. Purse seine.
    B. Trawl fishery......................  B. Trawl.
    C. Gillnet fishery....................  C. Gillnet.
    D. Commercial hook-and-line...........  D. Hook and line fishery.
    E. Recreational fishery...............  E. Hook and line, snagging,
                                             cast nets.
12. Atlantic Mackerel, Squid, and           Trawl.
 Butterfish Trawl Fishery (Non-FMP).
13. Bait Fisheries (Non-FMP)..............  Purse seine.
14. Weakfish Fishery (Non-FMP):
    A. Commercial fishery.................  A. Trawl, gillnet, hook and
                                             line.
    B. Recreational fishery...............  B. Hook and line, spear.
15. Whelk Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Pot and trap fishery...............  B. Pot, trap.
    C. Dredge fishery.....................  C. Dredge.
    D. Recreational fishery...............  D. Hand harvest.
16. Marine Life Aquarium Fishery (Non-FMP)  Dip net, slurp gun, barrier
                                             net, drop net, allowable
                                             chemical, trap, pot, trawl.
17. Calico Scallop Fishery (Non-FMP):
    A. Dredge fishery.....................  A. Dredge.
    B. Trawl fishery......................  B. Trawl.
    C. Recreational fishery...............  C. Hand harvest.
18. Summer Flounder Fishery (FMP managed
 by MAFMC):
    A. Commercial fishery.................  A. Trawl, longline,
                                             handline, rod and reel,
                                             pot, trap, gillnet, dredge.
    B. Recreational fishery...............  B. Rod and reel, handline,
                                             pot, trap, spear.
19. Bluefish, Croaker, and Flounder Trawl   Trawl, gillnet.
 and Gillnet Fishery (Bluefish FMP managed
 by MAFMC).
20. Commercial Fishery (Non-FMP)..........  Trawl, gillnet, longline,
                                             handline, hook and line,
                                             rod and reel, bandit gear,
                                             cast net, pot, trap,
                                             lampara net, spear.
21. Recreational Fishery (Non-FMP)........  Rod and reel, handline,
                                             spear, hook and line, hand
                                             harvest, bandit gear,
                                             powerhead, gillnet, cast
                                             net.
22. Sargassum Fishery (Non-FMP)...........  Trawl.
23. Octopus Fishery (Non-FMP) Trap, pot.................................
------------------------------------------------------------------------
   IV. Gulf of Mexico Fishery Management
                  Council
------------------------------------------------------------------------
1. Gulf of Mexico Red Drum Fishery (FMP)..  No harvest or possession in
                                             the EEZ.
  2. Coral Reef Fishery (FMP):
    A. Commercial fishery.................  A. Hand harvest.
    B. Recreational fishery...............  B. Hand harvest.
  3. Gulf of Mexico Reef Fish Fishery
 (FMP):
    A. Snapper-Grouper reef fish longline   A. Longline, handline,
     and hook and line fishery.              bandit gear, rod and reel,
                                             buoy gear.
    B. Pot and trap reef fish fishery.....  B. Pot, trap.
    C. Other commercial fishery...........  C. Spear, powerhead, cast
                                             net, trawl.
    D. Recreational fishery...............  D. Spear, powerhead, bandit
                                             gear, handline, rod reel,
                                             cast net.

[[Page 81]]

 
 4. Gulf of Mexico Shrimp Fishery (FMP):
    A. Gulf of Mexico commercial fishery..  A. Trawl butterfly net,
                                             skimmer, cast net.
    B. Recreational fishery...............  B. Trawl.
 5. Gulf of Mexico Coastal Migratory
 Pelagics Fishery (FMP):
    A. Large pelagics longline fishery....  A. Longline.
    B. King/Spanish mackerel gillnet        B. Gillnet.
     fishery.
    C. Pelagic hook and line fishery......  C. Bandit gear, handline,
                                             rod and reel.
    D. Pelagic species purse seine fishery  D. Purse seine.
    E. Recreational fishery...............  E. Bandit gear, handline,
                                             rod and reel, spear.
 Gulf of Mexico Spiny Lobster Fishery
 (FMP):
    A. Commercial fishery.................  A. Trap, pot, dip net, bully
                                             net, hoop net, trawl,
                                             snare, hand harvest.
    C. Recreational fishery...............  C. Dip net, bully net, pot,
                                             trap, snare, hand harvest.
 6. Stone Crab Fishery (FMP):
    A. Trap and pot fishery...............  A. Trap, pot
    B. Recreational fishery...............  B. Trap, pot, hand harvest.
 7. Blue Crab Fishery (Non-FMP)...........  Trap, pot.
 8. Golden Crab Fishery (Non-FMP).........  Trap.
 9. Mullet Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Gillnet fishery....................  B. Gillnet.
    C. Pair trawl fishery.................  C. Pair trawl.
    D. Cast net fishery...................  D. Cast net.
    E. Recreational fishery...............  E. Bandit gear, handline,
                                             rod and reel, spear, cast
                                             net.
10. Inshore Coastal Gillnet Fishery (Non-   Gillnet.
 FMP).
11. Octopus Fishery (Non-FMP).............  Trap, pot.
12. Marine Life Aquarium Fishery (Non-FMP)  Dip net, slurp gun, barrier
                                             net, drop net, allowable
                                             chemical, trap, pot, trawl.
13. Coastal Herring Trawl Fishery (Non-     Trawl.
 FMP).
14. Butterfish Trawl Fishery (Non-FMP)....  Trawl.
15. Gulf of Mexico Groundfish (Non-FMP):
    A. Commercial fishery.................  A. Trawl, purse seine,
                                             gillnet.
    B. Recreational fishery...............  B. Hook and line, rod and
                                             reel, spear.
16. Gulf of Mexico Menhaden Purse Seine     Purse seine.
 Fishery (Non-FMP).
17. Sardine Purse Seine Fishery (Non-FMP).  Purse seine.
18. Oyster Fishery (Non-FMP)..............  Dredge, tongs.
19. Commercial Fishery (Non-FMP)..........  Trawl, gillnet, hook and
                                             line, longline, handline,
                                             rod and reel, bandit gear,
                                             cast net, lampara net,
                                             spear.
20. Recreational Fishery (Non-FMP)........  Bandit gear, handline, rod
                                             and reel, spear, bully net,
                                             gillnet, dip net, longline,
                                             powerhead, seine, slurp
                                             gun, trap, trawl, harpoon,
                                             cast net, hoop net, hook
                                             and line, hand harvest.
------------------------------------------------------------------------
  V. Caribbean Fishery Management Council
------------------------------------------------------------------------
 1. Caribbean Spiny Lobster Fishery (FMP):
    A. Trap/pot fishery...................  A. Trap/pot.
    B. Dip net fishery....................  B. Dip net.
    C. Entangling net fishery.............  C. Gillnet, trammel net.
    D. Hand harvest fishery...............  D. Hand harvest, snare.
    E. Recreational fishery...............  E. Dip net, trap, pot,
                                             gillnet, trammel net.
 2. Caribbean Shallow Water Reef Fish
 Fishery (FMP):
    A. Longline/hook and line fishery.....   A. Longline, hook and line.
    B. Trap/pot fishery...................  B. Trap, pot.
    C. Entangling net fishery.............  C. Gillnet, trammel net.
    D. Recreational fishery...............  D. Dip net, handline, rod
                                             and reel, slurp gun, spear.
 3. Coral and Reef Resources Fishery
 (FMP):
    A. Commercial fishery.................  A. Dip net, slurp gun.
    B. Recreational fishery...............  B. Dip net, slurp gun, hand
                                             harvest.
 4. Queen Conch Fishery (FMP):
    A. Commercial fishery.................  A. Hand harvest.
    B. Recreational fishery...............  B. Hand harvest.
 5. Caribbean Pelagics Fishery (Non-FMP):
    A. Pelagics drift gillnet fishery.....  A. Gillnet.
    B. Pelagics longline/hook and line      B. Longline/hook and line.
     fishery.
    C. Recreational fishery...............  C. Spear, handline,
                                             longline, rod and reel.
 6. Commercial Fishery (Non-FMP)..........  Trawl, gillnet, hook and
                                             line, longline, handline,
                                             rod and reel, bandit gear,
                                             cast net, spear.
 7. Recreational Fishery (Non-FMP)........  Rod and reel, hook and line,
                                             spear, powerhead, handline,
                                             hand harvest, cast net.
------------------------------------------------------------------------

[[Page 82]]

 
                 VI. Pacific Fishery Management Council
------------------------------------------------------------------------
 1. Washington, Oregon, and California
 Salmon Fisheries (FMP):
    A. Salmon set gillnet fishery.........  A. Gillnet.
    B. Salmon hook and line fishery.......  B. Hook and line.
    C. Trawl fishery......................  C. Trawl.
    D. Recreational fishery...............  D. Rod and reel.
 2. West Coast Groundfish Fisheries (FMP):
    A. Pacific groundfish trawl fishery...  A. Trawl.
    B. Set gillnet fishery................  B. Gillnet.
    C. Groundfish longline and setline      C. Longline.
     fishery.
    D. Groundfish handline and hook and     D. Handline, hook and line.
     line fishery.
    E. Groundfish pot and trap fishery....  E. Pot, trap.
    F. Recreational fishery...............  F. Rod and reel, handline,
                                             spear, hook and line.
 3. Northern Anchovy Fishery (FMP)........  Purse seine, lampara net.
 4. Angel Shark, White Croaker, California  Gillnet.
 Halibut, White Sea Bass, Pacific Mackerel
 Large-Mesh Set Net Fishery (Non-FMP).
 5. Thresher Shark and Swordfish Drift      Gillnet.
 Gillnet Fishery (Non-FMP).
 6. Pacific Shrimp and Prawn Fishery (Non-
 FMP):
    A. Pot and trap fishery...............  A. Pot, trap.
    B. Trawl fishery......................  B. Trawl.
 7. Lobster and Rock Crab Pot and Trap      Pot, trap.
 Fishery (Non-FMP).
 8. Pacific Halibut Fishery (Non-FMP):
    A. Longline and setline fishery.......  A. Longline.
    B. Hook-and-line fishery..............  B. Hook and line.
 9. California Halibut Trawl and Trammel    Trawl, trammel net.
 Net Fishery.
10. Shark and Bonito Longline and Setline   Longline.
 Fishery (Non-FMP).
11. Dungeness Crab Pot and Trap Fishery     Pot, trap.
 (Non-FMP).
12. Hagfish Pot and Trap Fishery (Non-FMP)  Pot, trap.
13. Pacific Albacore and Other Tuna Hook-   Hook and line.
 and-line Fishery (Non-FMP).
14. Pacific Swordfish Harpoon Fishery (Non- Harpoon.
 FMP).
15. Pacific Scallop Dredge Fishery (Non-    Dredge.
 FMP).
16. Pacific Yellowfin, Skipjack Tuna,       Purse seine.
 Purse Seine Fishery, (Non-FMP).
17. Market Squid Fishery (Non-FMP)........  Purse seine, dip net.
18. Pacific Sardine, Pacific Mackerel,      Purse seine.
 Pacific Saury, Pacific Bonito, and Jack
 Mackerel Purse Seine Fishery (Non-FMP).
19. Finfish and Shellfish Live Trap, Hook-  Trap, handline, hook and
 and-line, and Handline Fishery (Non-FMP).   line.
20. Recreational Fishery (Non-FMP)........  Spear, trap, handline, pot,
                                             hook and line, rod and
                                             reel, hand harvest.
21. Commercial Fishery (Non-FMP)..........  Trawl, gillnet, hook and
                                             line, longline, handline,
                                             rod and reel, bandit gear,
                                             cast net, spear.
------------------------------------------------------------------------
              VII. North Pacific Fishery Management Council
------------------------------------------------------------------------
 1. Alaska Scallop Fishery (FMP)..........  Dredge.
 2. Bering Sea (BS) and Aleutian Islands
 (AI) King and Tanner Crab Fishery (FMP):
    Pot fishery...........................  Pot.
 3. BS and AI King and Tanner Crab Fishery
 (Non-FMP):
    Recreational fishery..................  Pot.
 4. BS and AI Groundfish Fishery (FMP):
    A. Groundfish trawl fishery...........  A. Trawl.
    B. Bottomfish hook-and-line, and        B. Hook and line, handline.
     handline fishery.
    C. Longline fishery...................  C. Longline.
    D. BS and AI pot and trap fishery.....  D. Pot, trap.
 5. BS and AI Groundfish Recreational       Handline, rod and reel, hook
 Fishery (Non-FMP).                          and line, pot, trap.
 6. Gulf of Alaska (GOA) Groundfish
 Fishery (FMP):
    A. Groundfish trawl fishery...........  A. Trawl.
    B. Bottomfish hook-and-line and         B. Hook and line, handline.
     handline fishery.
    C. Longline fishery...................  C. Longline.
    D. GOA pot and trap fishery...........  D. Pot, trap.
    E. Recreational fishery...............  E. Handline, rod and reel,
                                             hook and line, pot, trap.
 7. Pacific Halibut Fishery (Non-FMP):
    Hook-and-line, Jig, and Troll Fishery.  Hook and line.
 8. Alaska High Seas Salmon Hook and Line   Hook and line.
 Fishery (FMP).
 9. Alaska Salmon Fishery (Non-FMP):
    A. Hook-and-line fishery..............  A. Hook and line.
    B. Gillnet fishery....................  B. Gillnet.
    C. Purse seine fishery................  C. Purse seine.
    D. Recreational fishery...............  D. Handline, rod and reel,
                                             hook and line.
10. Finfish Purse Seine Fishery (Non-FMP).  Purse seine.
11. Octopus/Squid Longline Fishery (Non-    Longline.
 FMP).
12. Finfish Handline and Hook-and-line      Handline, hook and line.
 Fishery (Non-FMP).
13. Recreational Fishery (Non-FMP)........  Handline, rod and reel, hook
                                             line.
14. Commercial Fishery (Non-FMP)..........  Trawl, gillnet, hook and
                                             line, longline, handline,
                                             rod and reel, bandit gear,
                                             cast net, spear.
------------------------------------------------------------------------
            VIII. Western Pacific Fishery Management Council
------------------------------------------------------------------------
 1. Western Pacific Crustacean Fishery      Trap, hand harvest, hoop
 (FMP)                                       net.
 2. Western Pacific Crustacean Fishery
 (Non-FMP):
    A. Commercial fishery.................  A. Gillnet, hand harvest,
                                             hoop net, spear, snare,
                                             trap, trawl.
    B. Recreational fishery...............  B. Gillnet, hand harvest,
                                             hoop net, spear, snare,
                                             trap.
    C. Charter fishery....................  C. Hand harvest, spear.

[[Page 83]]

 
 3. Western Pacific Precious Corals
 Fishery (FMP):
    A. Tangle net dredge fishery..........  A. Tangle net dredge.
    B. Submersible fishery................  B. Submersible.
    C. Dive fishery.......................  C. Hand harvest.
    D. Recreational fishery...............  D. Hand harvest.
 4. Western Pacific Precious Corals         Hand harvest, submersible,
 Fishery (Non-FMP).                          tangle net dredge.
 5. Western Pacific Bottomfish and
 Seamount Groundfish Fishery (FMP):
    A. Bottomfish hook-and-line fishery...  A. Bandit gear, buoy gear,
                                             handline, hook and line,
                                             rod and reel, hand harvest.
    B. Seamount groundfish fishery........  B. Longline, trawl.
    C. Bottom longline fishery............  C. Longline, hook and line.
    D. Trap fishery.......................  D. Trap.
    E. Spear fishery......................  E. Spear, powerhead.
 6. Western Pacific Bottomfish and
 Seamount Groundfish Fishery (Non-FMP):
    A. Commercial fishery.................  A. Bandit gear, buoy gear,
                                             gillnet, handline, hook-and-
                                             line, longline, rod and
                                             reel, spear, trap.
    B. Recreational fishery...............  B. Bandit gear, buoy gear,
                                             Gillnet, handline, hook and
                                             line, longline, rod and
                                             reel, spear, trap, slurp
                                             gun, hand harvest.
    C. Charter fishery....................  C. Bandit gear, buoy gear,
                                             handline, hook-and-line,
                                             rod and reel, spear.
 7. Western Pacific Pelagics Fishery
 (FMP):
    A. Longline Fisher....................  A. Longline.
    B. Hook and line fishery..............  B. Bandit gear, buoy gear,
                                             handline, hook and line,
                                             rod and reel.
    C. Purse seine fishery................  C. Lampara net, purse seine.
    D. Spear fishery......................  D. Spear, powerhead.
 8. Western Pacific Pelagics Fishery (Non-
 FMP):
    A. Recreational fishery...............  A. Bandit gear, buoy gear,
                                             dip net, handline, hook and
                                             line, hoop net, powerhead,
                                             rod and real, spear.
    B. Commercial fishery.................  B. Bandit gear, buoy gear,
                                             dip net, handline, hook and
                                             line, hoop net, powerhead,
                                             rod and reel, spear.
    C. Charter fishery....................  C. Bandit gear, buoy gear,
                                             dip net, handline, hook and
                                             line, hoop net, powerhead,
                                             rod and reel, spear.
 9. Western Pacific Coastal Pelagics        Bandit gear, buoy gear, dip
 Fishery (Non-FMP).                          net, gillnet, handline,
                                             hook and line, hoop net,
                                             lampara net, purse seine,
                                             rod and reel, spear.
10. Western Pacific Squid and Octopus       Bandit gear, hand harvest,
 Fishery (Non-FMP).                          hook and line, rod and
                                             reel, spear, trap.
11. Western Pacific Coral Reef Fishery      Allowable chemical, barrier
 (Non-FMP).                                  net, dip net, gillnet, hand
                                             harvest, seine, slurp gun,
                                             trap, spear, rod and reel,
                                             hook and line.
12. Recreational Fishery (Non-FMP)........  Rod and reel, hook and line,
                                             handline, hand harvest,
                                             spear.
13. Commercial Fishery (Non-FMP)..........  Trawl, gillnet, hook and
                                             line, longline, handline,
                                             rod and reel, bandit gear,
                                             cast net, spear.
------------------------------------------------------------------------
                        IX. Secretary of Commerce
------------------------------------------------------------------------
  1. Atlantic Tunas, Swordfish, and Sharks
 Fisheries (FMP):
    A. Swordfish handgear fishery.........  A. Rod and reel, harpoon,
                                             handline, bandit gear.
    B. Pelagic longline fishery...........  B. Longline.
    C. Shark drift gillnet fishery........  C. Gillnet.
    D. Shark bottom longline fishery......  D. Longline.
    E. Shark handgear fishery.............  E. Rod and reel, handline,
                                             bandit gear.
    F. Tuna purse seine fishery...........  F. Purse seine.
    G. Tuna recreational fishery..........  G. Rod and reel, handline.
    H. Tuna handgear fishery..............  H. Rod and reel, harpoon,
                                             handline, bandit gear.
    I. Tuna harpoon fishery...............  I. Harpoon.
 2. Atlantic Billfish Fishery (FMP):
    Recreational fishery..................  Rod and reel.

[[Page 84]]

 
 3. Commercial Fisheries (Non-FMP)........  Rod and reel, handline,
                                             longline, gillnet, harpoon,
                                             bandit gear, purse seine
------------------------------------------------------------------------


[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 27217; May 18, 1998; 64 FR 4037, Jan. 27, 1999; 64 FR 29134, May 28, 
1999; 64 FR 67516, Dec. 2, 1999]



Sec. 600.730  Facilitation of enforcement.

    (a) General. The operator of, or any other person aboard, any 
fishing vessel subject to parts 622 through 699 of this chapter must 
immediately comply with instructions and signals issued by an authorized 
officer to stop the vessel and with instructions to facilitate safe 
boarding and inspection of the vessel, its gear, equipment, fishing 
record (where applicable), and catch for purposes of enforcing the 
Magnuson-Stevens Act or any other statute administered by NOAA and this 
chapter.
    (b) Communications. (1) Upon being approached by a USCG vessel or 
aircraft, or other vessel or aircraft with an authorized officer aboard, 
the operator of a fishing vessel must be alert for communications 
conveying enforcement instructions.
    (2) VHF-FM radiotelephone is the preferred method for communicating 
between vessels. If the size of the vessel and the wind, sea, and 
visibility conditions allow, a loudhailer may be used instead of the 
radio. Hand signals, placards, high frequency radiotelephone, or voice 
may be employed by an authorized officer, and message blocks may be 
dropped from an aircraft.
    (3) If other communications are not practicable, visual signals may 
be transmitted by flashing light directed at the vessel signaled. USCG 
units will normally use the flashing light signal ``L'' as the signal to 
stop. In the International Code of Signals, ``L'' (.-..) means ``you 
should stop your vessel instantly.'' (Period (.) means a short flash of 
light; dash (-) means a long flash of light.)
    (4) Failure of a vessel's operator promptly to stop the vessel when 
directed to do so by an authorized officer using loudhailer, 
radiotelephone, flashing light signal, or other means constitutes prima 
facie evidence of the offense of refusal to permit an authorized officer 
to board.
    (5) The operator of a vessel who does not understand a signal from 
an enforcement unit and who is unable to obtain clarification by 
loudhailer or radiotelephone must consider the signal to be a command to 
stop the vessel instantly.
    (c) Boarding. The operator of a vessel directed to stop must:
    (1) Guard Channel 16, VHF-FM, if so equipped.
    (2) Stop immediately and lay to or maneuver in such a way as to 
allow the authorized officer and his/her party to come aboard.
    (3) Except for those vessels with a freeboard of 4 ft (1.2 m) or 
less, provide a safe ladder, if needed, for the authorized officer and 
his/her party to come aboard.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or observer, provide a manrope or safety line, and 
illumination for the ladder.
    (5) Take such other actions as necessary to facilitate boarding and 
to ensure the safety of the authorized officer and the boarding party.
    (d) Signals. The following signals, extracted from the International 
Code of Signals, may be sent by flashing light by an enforcement unit 
when conditions do not allow communications by loudhailer or 
radiotelephone. Knowledge of these signals by vessel operators is not 
required. However, knowledge of these signals and appropriate action by 
a vessel operator may preclude the necessity of sending the signal ``L'' 
and the necessity for the vessel to stop instantly. (Period (.) means a 
short flash of light; dash (-) means a long flash of light.)
    (1) ``AA'' repeated (.-.-) is the call to an unknown station. The 
operator of the signaled vessel should respond by identifying the vessel 
by radiotelephone or by illuminating the vessel's identification.
    (2) ``RY-CY'' (.-. -.-- -.-. -.--) means ``you should proceed at 
slow speed, a boat is coming to you.'' This signal is normally employed 
when conditions allow an enforcement boarding without the necessity of 
the vessel being

[[Page 85]]

boarded coming to a complete stop, or, in some cases, without retrieval 
of fishing gear which may be in the water.
    (3) ``SQ3'' (... --.- ...--) means ``you should stop or heave to; I 
am going to board you.''

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



Sec. 600.735  Penalties.

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

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



Sec. 600.740  Enforcement policy.

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

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



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

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

[[Page 86]]

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

[[Page 87]]

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

[[Page 88]]

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

[[Page 89]]

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

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



Sec. 600.746  Observers.

    (a) Applicability. This section applies to any fishing vessel 
required to carry an observer as part of a mandatory observer program or 
carrying an observer

[[Page 90]]

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

[63 FR 27217, May 18, 1998]



Sec. 600.747  Guidelines and procedures for determining new fisheries and gear.

    (a) General. Section 305(a) of the Magnuson-Stevens Act requires the 
Secretary to prepare a list of all fisheries under the authority of each 
Council, or the Director in the case of Atlantic highly migratory 
species, and all gear used in such fisheries. This section contains 
guidelines in paragraph (b) for determining when fishing gear or a 
fishery is sufficiently different from those listed in Sec. 600.725(v) 
as to require notification of a Council or the Director in order to use 
the gear or participate in the unlisted fishery. This section also 
contains procedures in paragraph (c) for notification of a Council or 
the Director of potentially new fisheries or gear, and for amending the 
list of fisheries and gear.
    (b) Guidelines. The following guidance establishes the basis for 
determining

[[Page 91]]

when fishing gear or a fishery is sufficiently different from those 
listed to require notification of the appropriate Council or the 
Director.
    (1) The initial step in the determination of whether a fishing gear 
or fishery is sufficiently different to require notification is to 
compare the gear or fishery in question to the list of authorized 
fisheries and gear in Sec. 600.725(v) and to the existing gear 
definitions in Sec. 600.10.
    (2) If the gear in question falls within the bounds of a definition 
in Sec. 600.10 for an allowable gear type within that fishery, as listed 
under Sec. 600.725(v), then the gear is not considered different, is 
considered allowable gear, and does not require notification of the 
Council or Secretary 90 days before it can be used in that fishery.
    (3) If, for any reason, the gear is not consistent with a gear 
definition for a listed fishery as described in paragraph (b)(2) of this 
section, the gear is considered different and requires Council or 
Secretarial notification as described in paragraph (c) of this section 
90 days before it can be used in that fishery.
    (4) If a fishery falls within the bounds of the list of authorized 
fisheries and gear in Sec. 600.725(v) under the Council's or Secretary's 
authority, then the fishery is not considered different, is considered 
an allowable fishery and does not require notification of the Council or 
Director before that fishery can occur.
    (5) If a fishery is not already listed in the list of authorized 
fisheries and gear in Sec. 600.725(v), then the fishery is considered 
different and requires notification as described in paragraph (c) of 
this section 90 days before it can occur.
    (c) Procedures. If a gear or fishery does not appear on the list in 
Sec. 600.725(v), or if the gear is different from that defined in 
Sec. 600.10, the process for notification, and consideration by a 
Council or the Director, is as follows:
    (1) Notification. After July 26, 1999, no person or vessel may 
employ fishing gear or engage in a fishery not included on the list of 
approved gear types in Sec. 600.725(v) without notifying the appropriate 
Council or the Director at least 90 days before the intended use of that 
gear.
    (2) Notification procedures. (i) A signed return receipt for the 
notice serves as adequate evidence of the date that the notification was 
received by the appropriate Council or the Director, in the case of 
Atlantic highly migratory species, and establishes the beginning of the 
90-day notification period, unless required information in the 
notification is incomplete.
    (ii) The notification must include:
    (A) Name, address, and telephone number of the person submitting the 
notification.
    (B) Description of the gear.
    (C) The fishery or fisheries in which the gear is or will be used.
    (D) A diagram and/or photograph of the gear, as well as any 
specifications and dimensions necessary to define the gear.
    (E) The season(s) in which the gear will be fished.
    (F) The area(s) in which the gear will be fished.
    (G) The anticipated bycatch species associated with the gear, 
including protected species, such as marine mammals, sea turtles, sea 
birds, or species listed as endangered or threatened under the ESA.
    (H) How the gear will be deployed and fished, including the portions 
of the marine environment where the gear will be deployed (surface, 
midwater, and bottom).
    (iii) Failure to submit complete and accurate information will 
result in a delay in beginning the 90-day notification period. The 90-
day notification period will not begin until the information received is 
determined to be accurate and complete.
    (3) Action upon receipt of notification. (i) Species other than 
Atlantic Highly Migratory Species. (A) Upon signing a return receipt of 
the notification by certified mail regarding an unlisted fishery or 
gear, a Council must immediately begin consideration of the notification 
and send a copy of the notification to the appropriate Regional 
Administrator.
    (B) If the Council finds that the use of an unlisted gear or 
participation in a new fishery would not compromise the effectiveness of 
conservation and management efforts, it shall:

[[Page 92]]

    (1) Recommend to the RA that the list be amended;
    (2) Provide rationale and supporting analysis, as necessary, for 
proper consideration of the proposed amendment; and
    (3) Provide a draft proposed rule for notifying the public of the 
proposed addition, with a request for comment.
    (C) If the Council finds that the proposed gear or fishery will be 
detrimental to conservation and management efforts, it will recommend to 
the RA that the authorized list of fisheries and gear not be amended, 
that a proposed rule not be published, give reasons for its 
recommendation of a disapproval, and may request NMFS to publish 
emergency or interim regulations, and begin preparation of an FMP or 
amendment to an FMP, if appropriate.
    (D) After considering information in the notification and Council's 
recommendation, NMFS will decide whether to publish a proposed rule. If 
information on the new gear or fishery being considered indicates it is 
likely that it will compromise conservation and management efforts under 
the Magnuson-Stevens Act, and no additional new information is likely to 
be gained from a public comment period, then a proposed rule will not be 
published and NMFS will notify the appropriate Council. In such an 
instance, NMFS will publish emergency or interim regulations to prohibit 
or restrict use of the gear or participation in the fishery. If NMFS 
determines that the proposed amendment is not likely to compromise 
conservation and management efforts under the Magnuson-Stevens Act, NMFS 
will publish a proposed rule in the Federal Register with a request for 
public comment.
    (ii) Atlantic Highly Migratory Species. (A) Upon signing a return 
receipt of the notification by certified mail regarding an unlisted 
fishery or gear for Atlantic highly migratory species (HMS), NMFS will 
immediately begin consideration of the notification.
    (B) Based on information in the notification and submitted by the 
Council, NMFS will make a determination whether the use of an unlisted 
gear or participation in an unlisted HMS fishery will compromise the 
effectiveness of conservation and management efforts under the Magnuson-
Stevens Act. If it is determined that the proposed amendment will not 
compromise conservation and management efforts, NMFS will publish a 
proposed rule.
    (C) If NMFS finds that the proposed gear or fishery will be 
detrimental to conservation and management efforts in this initial stage 
of review, it will not publish a proposed rule and notify the applicant 
of the negative determination with the reasons therefor.
    (4) Final determination and publication of a final rule. Following 
public comment, NMFS will approve or disapprove the amendment to the 
list of gear and fisheries.
    (i) If approved, NMFS will publish a final rule in the Federal 
Register and notify the applicant and the Council, if appropriate, of 
the final approval.
    (ii) If disapproved, NMFS will withdraw the proposed rule, notify 
the applicant and the Council, if appropriate, of the disapproval; 
publish emergency or interim regulations, if necessary, to prohibit or 
restrict the use of gear or the participation in a fishery; and either 
notify the Council of the need to amend an FMP or prepare an amendment 
to an FMP in the case of Atlantic highly migratory species.

[64 FR 4043, Jan. 27, 1999]



                  Subpart I--Fishery Negotiation Panels

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



Sec. 600.750  Definitions.

    Consensus means unanimous concurrence among the members on a Fishery 
Negotiation Panel established under this rule, unless such Panel:
    (1) Agrees to define such term to mean a general but not unanimous 
concurrence; or
    (2) agrees upon another specified definition.
    Fishery negotiation panel (FNP) means an advisory committee 
established by one or more Councils or the Secretary in accordance with 
these regulations to assist in the development of fishery conservation 
and management measures.

[[Page 93]]

    Interest means, with respect to an issue or matter, multiple parties 
that have a similar point of view or that are likely to be affected in a 
similar manner.
    Report means a document submitted by an FNP in accordance with the 
Magnuson-Stevens Act.

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



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

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



Sec. 600.752  Use of conveners and facilitators.

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

[[Page 94]]

    (2) Impartially assist the members of the FNP in conducting 
discussions and negotiations.
    (3) Manage the keeping of minutes and records as required under 
section 10(b) and (c) of FACA.



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

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



Sec. 600.754  Decision to establish a fishery negotiation panel.

    (a) Determination to establish an FNP. If, after considering 
comments and applications submitted under Sec. 600.753, the Council or 
NMFS determines that an FNP can adequately represent the interests that 
will be significantly affected and that it is feasible and appropriate 
in the particular case, the Council or NMFS may establish an FNP.
    (b) Determination not to establish FNP. If, after considering such 
comments and applications, the Council or NMFS decides not to establish 
an FNP, the Council or NMFS shall promptly publish notification of such 
decision and the reasons therefor in the Federal Register and, as 
appropriate, in trade or other specialized publications, a copy of which 
shall be sent to any person who applied for, or nominated another person 
for membership on the FNP to represent such interests with respect to 
the issues of concern.



Sec. 600.755  Establishment of a fishery negotiation panel.

    (a) General authority. (1) A Council may establish an FNP to assist 
in the development of specific conservation and management measures for 
a fishery under its authority.

[[Page 95]]

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



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

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



Sec. 600.757  Operational protocols.

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



Sec. 600.758  Preparation of report.

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

[[Page 96]]



Sec. 600.759  Use of report.

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



Sec. 600.760  Fishery Negotiation Panel lifetime.

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



                 Subpart J--Essential Fish Habitat (EFH)

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



Sec. 600.805  Purpose and scope.

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



Sec. 600.810  Definitions and word usage.

    (a) Definitions. In addition to the definitions in the Magnuson-
Stevens Act and Sec. 600.10, the terms in this subpart have the 
following meanings:
    Adverse effect means any impact which reduces quality and/or 
quantity of EFH. Adverse effects may include direct (e.g., contamination 
or physical disruption), indirect (e.g., loss of prey, or reduction in 
species' fecundity), site-specific or habitat-wide impacts, including 
individual, cumulative, or synergistic consequences of actions.
    Council includes the Secretary, as applicable, when preparing 
Secretarial FMPs or amendments under sections 304(c) and (g) of the 
Magnuson-Stevens Act.
    Ecosystem means communities of organisms interacting with one 
another and with the chemical and physical factors making up their 
environment.
    Habitat areas of particular concern means those areas of EFH 
identified pursuant to Sec. 600.815(a)(9).
    Healthy ecosystem means an ecosystem where ecological productive 
capacity is maintained, diversity of the flora and fauna is preserved, 
and the ecosystem retains the ability to regulate itself. Such an 
ecosystem should be similar to comparable, undisturbed, ecosystems with 
regard to standing crop, productivity, nutrient dynamics, trophic 
structure, species richness, stability, resilience, contamination 
levels, and the frequency of diseased organisms.

[[Page 97]]

    Overfished means any stock or stock complex, the status of which is 
reported as overfished by the Secretary pursuant to Sec. 304(e)(1) of 
the Magnuson-Stevens Act.
    (b) Word usage. The terms ``must'', ``shall'', ``should'', ``may'', 
``may not'', ``will'', ``could'', and ``can'', are used in the same 
manner as in Sec. 600.305(c).



Sec. 600.815  Contents of Fishery Management Plans.

    (a) Mandatory contents--(1) Habitat requirements by life history 
stage. FMPs must describe EFH in text and with tables that provide 
information on the biological requirements for each life history stage 
of the species. These tables should summarize all available information 
on environmental and habitat variables that control or limit 
distribution, abundance, reproduction, growth, survival, and 
productivity of the managed species. Information in the tables should be 
supported with citations.
    (2) Description and identification of EFH--(i) Information 
requirements. (A) An initial inventory of available environmental and 
fisheries data sources relevant to the managed species should be used in 
describing and identifying EFH. This inventory should also help to 
identify major species-specific habitat data gaps. Deficits in data 
availability (i.e., accessibility and application of the data) and in 
data quality (including considerations of scale and resolution; 
relevance; and potential biases in collection and interpretation) should 
be identified.
    (B) To identify EFH, basic information is needed on current and 
historic stock size, the geographic range of the managed species, the 
habitat requirements by life history stage, and the distribution and 
characteristics of those habitats. Information is also required on the 
temporal and spatial distribution of each major life history stage 
(defined by developmental and functional shifts). Since EFH should be 
identified for each major life history stage, data should be collected 
on, but not limited to, the distribution, density, growth, mortality, 
and production of each stage within all habitats occupied, or formerly 
occupied, by the species. These data should be obtained from the best 
available information, including peer-reviewed literature, data reports 
and ``gray'' literature, data files of government resource agencies, and 
any other sources of quality information.
    (C) The following approach should be used to gather and organize the 
data necessary for identifying EFH. Information from all levels should 
be used to identify EFH. The goal of this procedure is to include as 
many levels of analysis as possible within the constraints of the 
available data. Councils should strive to obtain data sufficient to 
describe habitat at the highest level of detail (i.e., Level 4).
    (1) Level 1: Presence/absence distribution data are available for 
some or all portions of the geographic range of the species. At this 
level, only presence/absence data are available to describe the 
distribution of a species (or life history stage) in relation to 
potential habitats. Care should be taken to ensure that all potential 
habitats have been sampled adequately. In the event that distribution 
data are available for only portions of the geographic area occupied by 
a particular life history stage of a species, EFH can be inferred on the 
basis of distributions among habitats where the species has been found 
and on information about its habitat requirements and behavior.
    (2) Level 2: Habitat-related densities of the species are available. 
At this level, quantitative data (i.e., density or relative abundance) 
are available for the habitats occupied by a species or life history 
stage. Because the efficiency of sampling methods is often affected by 
habitat characteristics, strict quality assurance criteria should be 
used to ensure that density estimates are comparable among methods and 
habitats. Density data should reflect habitat utilization, and the 
degree that a habitat is utilized is assumed to be indicative of habitat 
value. When assessing habitat value on the basis of fish densities in 
this manner, temporal changes in habitat availability and utilization 
should be considered.
    (3) Level 3: Growth, reproduction, or survival rates within habitats 
are available. At this level, data are available on habitat-related 
growth, reproduction, and/or survival by life history

[[Page 98]]

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

[[Page 99]]

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

[[Page 100]]

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

[[Page 101]]

material (dredge material, sludge, industrial waste, or other 
potentially harmful materials) which would destroy or degrade EFH should 
be avoided. If avoidance or minimization is not possible, or will not 
adequately protect EFH, compensatory mitigation to conserve and enhance 
EFH should be recommended. FMPs may recommend proactive measures to 
conserve or enhance EFH. When developing proactive measures, Councils 
may develop a priority ranking of the recommendations to assist Federal 
and state agencies undertaking such measures.
    (iii) Conservation and enhancement options. FMPs should provide a 
variety of options to conserve or enhance EFH, which may include, but 
are not limited to:
    (A) Enhancement of rivers, streams, and coastal areas. EFH located 
in, or influenced by, rivers, streams, and coastal areas may be enhanced 
by reestablishing endemic trees or other appropriate native vegetation 
on adjacent riparian areas; restoring natural bottom characteristics; 
removing unsuitable material from areas affected by human activities; or 
adding gravel or substrate to stream areas to promote spawning. Adverse 
effects stemming from upland areas that influence EFH may be avoided or 
minimized by employing measures such as, but not limited to, erosion 
control, road stabilization, upgrading culverts, removal or modification 
of operating procedures of dikes or levees to allow for fish passage, 
structural and operation measures at dams for fish passage and habitat 
protection, or improvement of watershed management. Initiation of 
Federal, state, or local government planning processes to restore 
watersheds associated with such rivers, streams, or coastal areas may 
also be recommended.
    (B) Water quality and quantity. This category of options may include 
use of best land management practices for ensuring compliance with water 
quality standards at state and Federal levels, improved treatment of 
sewage, proper disposal of waste materials, and providing appropriate 
in-stream flow.
    (C) Watershed analysis and planning. This may include encouraging 
local and state efforts to minimize destruction/degradation of wetlands, 
restore and maintain the ecological health of watersheds, and encourage 
restoration of native species. Any analysis of options should consider 
natural variability in weather or climatic conditions.
    (D) Habitat creation. Under appropriate conditions, habitat creation 
(converting non-EFH to EFH) may be considered as a means of replacing 
lost or degraded EFH. However, habitat conversion at the expense of 
other naturally functioning systems must be justified within an 
ecosystem context.
    (8) Prey species. Loss of prey is an adverse effect on EFH and a 
managed species, because one component of EFH is that it be necessary 
for feeding. Therefore, actions that reduce the availability of a major 
prey species, either through direct harm or capture, or through adverse 
impacts to the prey species' habitat that are known to cause a reduction 
in the population of the prey species may be considered adverse effects 
on a managed species and its EFH. FMPs should identify the major prey 
species for the species in the FMU and generally describe the location 
of prey species' habitat. Actions that cause a reduction of the prey 
species population, including where there exists evidence that adverse 
effects to habitat of prey species is causing a decline in the 
availability of the prey species, should also be described and 
identified. Adverse effects on prey species and their habitats may 
result from fishing and non-fishing activities.
    (9) Identification of habitat areas of particular concern. FMPs 
should identify habitat areas of particular concern within EFH. In 
determining whether a type, or area of EFH is a habitat area of 
particular concern, one or more of the following criteria must be met:
    (i) The importance of the ecological function provided by the 
habitat.
    (ii) The extent to which the habitat is sensitive to human-induced 
environmental degradation.
    (iii) Whether, and to what extent, development activities are, or 
will be, stressing the habitat type.
    (iv) The rarity of the habitat type.
    (10) Research and information needs. Each FMP should contain 
recommendations, preferably in priority

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

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recommendations to the appropriate state or interstate fishery 
management agency on that activity.



     Subpart K--EFH Coordination, Consultation, and Recommendations

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



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

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



Sec. 600.910  Definitions and word usage.

    (a) Definitions. In addition to the definitions in the Magnuson-
Stevens Act and Sec. 600.10, the terms in this subpart have the 
following meanings:
    Adverse effect means any impact which reduces quality and/or 
quantity of EFH. Adverse effects may include direct (e.g., contamination 
or physical disruption), indirect (e.g., loss of prey, reduction in 
species' fecundity), site-specific or habitatwide impacts, including 
individual, cumulative, or synergistic consequences of actions.
    Council includes the Secretary, as applicable, when preparing FMPs 
or amendments under section 304 (c) and (g) of the Magnuson-Stevens Act; 
and when commenting and making recommendations under the authority of 
section 305(b)(3) of the Magnuson-Stevens Act to any Federal or state 
agency on actions that may affect the habitat of fishery resources 
managed under such FMPs.
    Federal action means any action authorized, funded, or undertaken, 
or proposed to be authorized, funded, or undertaken by a Federal agency.
    Habitat areas of particular concern means those areas of EFH 
identified pursuant to Sec. 600.815(a)(9).
    State action means any action authorized, funded, or undertaken, or 
proposed to be authorized, funded, or undertaken by a state agency.
    (b) Word usage. The terms ``must'', ``shall'', ``should'', ``may'', 
``may not'', ``will'', ``could'', and ``can'', are used in the same 
manner as in Sec. 600.305(c).



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

    To further the conservation and enhancement of EFH in accordance 
with section 305(b)(1)(D) of the Magnuson-Stevens Act, NMFS will compile 
and make available to other Federal and

[[Page 104]]

state agencies, information on the locations of EFH, including maps and/
or narrative descriptions. NMFS will also provide information on ways to 
improve ongoing Federal operations to promote the conservation and 
enhancement of EFH. Federal and state agencies empowered to authorize, 
fund, or undertake actions that may adversely affect EFH are encouraged 
to contact NMFS and the Councils to become familiar with areas 
designated as EFH, and potential threats to EFH, as well as 
opportunities to promote the conservation and enhancement of such 
habitat.



Sec. 600.920  Federal agency consultation with the Secretary.

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

[[Page 105]]

interagency consultation, coordination, and environmental review 
procedures required by other statutes, such as the National 
Environmental Policy Act (NEPA), Fish and Wildlife Coordination Act, 
Clean Water Act, Endangered Species Act (ESA), and Federal Power Act. 
The consultation requirements of section 305(b)(2) of the Magnuson-
Stevens Act can be satisfied using existing or modified procedures 
required by other statutes if such processes meet the following 
criteria:
    (i) The existing process must provide NMFS with timely notification 
of actions that may adversely affect EFH. The Federal action agency 
should notify NMFS according to the same timeframes for notification (or 
for public comment) as in the existing process. However, NMFS should 
have at least 60 days notice prior to a final decision on an action, or 
at least 90 days if the action would result in substantial adverse 
impacts. NMFS and the action agency may agree to use shorter timeframes 
if they allow sufficient time for NMFS to develop EFH conservation 
recommendations.
    (ii) Notification must include an assessment of the impacts of the 
proposed action on EFH that meets the requirements for EFH Assessments 
contained in paragraph (g) of this section. If the EFH Assessment is 
contained in another document, that section of the document must be 
clearly identified as the EFH Assessment.
    (iii) NMFS must have made a finding pursuant to paragraph (e)(3) of 
this section that the existing process satisfies the requirements of 
section 305(b)(2) of the Magnuson-Stevens Act.
    (2) EFH conservation recommendation requirements. If an existing 
consultation process is used to fulfill the EFH consultation 
requirements, then the comment deadline for that process should apply to 
the submittal of NMFS conservation recommendations under section 
305(b)(4)(A) of the Magnuson-Stevens Act, unless a different deadline is 
agreed to by NMFS and the Federal agency. The Federal agency must 
respond to these recommendations within 30 days pursuant to section 
305(b)(4)(B) of the Magnuson-Stevens Act. NMFS may request the further 
review of any Federal agency decision that is inconsistent with a NMFS 
EFH recommendation, in accordance with paragraph (j)(2) of this section. 
If NMFS EFH conservation recommendations are combined with other NMFS or 
NOAA comments on a Federal action, such as NOAA comments on a draft 
Environmental Impact Statement, the EFH conservation recommendations 
shall be clearly identified as such (e.g., a section in the comment 
letter entitled ``EFH conservation recommendations'') and a response 
pursuant to section 305(b)(4)(B) of the Magnuson-Stevens Act is required 
for only the identified portion of the comments.
    (3) NMFS finding. A Federal agency with an existing consultation 
process should contact NMFS at the appropriate level (regional offices 
for regional processes, headquarters office for national processes) to 
discuss how the existing process, with or without modifications, can be 
used to satisfy the EFH consultation requirements. If, at the conclusion 
of these discussions, NMFS determines that the existing process meets 
the criteria of paragraph (e)(1) of this section, NMFS will make a 
finding that the existing or modified process can satisfy the EFH 
consultation requirements of the Magnuson-Stevens Act. If NMFS does not 
make such a finding, or if there are no existing consultation processes 
relevant to the Federal agency's actions, the action agency and NMFS 
should follow the consultation process in the following sections.
    (f) General Concurrence--(1) Purpose. The General Concurrence 
process identifies specific types of Federal actions that may adversely 
affect EFH, but for which no further consultation is generally required 
because NMFS has determined, through an analysis of that type of action, 
that it will likely result in no more than minimal adverse effects 
individually and cumulatively. General Concurrences may be national or 
regional in scope.
    (2) Criteria. (i) For Federal actions to qualify for General 
Concurrence, NMFS must determine, after consultation with the 
appropriate Council(s), that the actions meet all of the following 
criteria:

[[Page 106]]

    (A) The actions must be similar in nature and similar in their 
impact on EFH.
    (B) The actions must not cause greater than minimal adverse effects 
on EFH when implemented individually.
    (C) The actions must not cause greater than minimal cumulative 
adverse effects on EFH.
    (ii) Actions qualifying for General Concurrence must be tracked to 
ensure that their cumulative effects are no more than minimal. In most 
cases, tracking will be the responsibility of the Federal action agency, 
but NMFS also may agree to track actions for which General Concurrence 
has been authorized. Tracking should include numbers of actions, amount 
of habitat adversely affected, type of habitat adversely affected, and 
the baseline against which the action will be tracked. The agency 
responsible for tracking such actions should make the information 
available to NMFS, the Councils, and to the public on an annual basis.
    (iii) Categories of Federal actions may also qualify for General 
Concurrence if they are modified by appropriate conditions that ensure 
the actions will meet the criteria in paragraph (f)(2)(i) of this 
section. For example, NMFS may provide General Concurrence for 
additional actions contingent upon project size limitations, seasonal 
restrictions, or other conditions.
    (iv) If a General Concurrence is developed for actions affecting 
habitat areas of particular concern, the General Concurrence should be 
subject to a higher level of scrutiny than a General Concurrence not 
involving a habitat area of particular concern.
    (3) General Concurrence development. A Federal agency may request a 
General Concurrence for a category of its actions by providing NMFS with 
a written description of the nature and approximate number of the 
proposed actions, an analysis of the effects of the actions on EFH and 
associated species and their life history stages, including cumulative 
effects, and the Federal agency's conclusions regarding the magnitude of 
such effects. If NMFS agrees that the actions fit the criteria in 
paragraph (f)(2) of this section, NMFS, after consultation with the 
appropriate Council(s), will provide the Federal agency with a written 
statement of General Concurrence that further consultation is not 
required, and that preparation of EFH Assessments for individual actions 
subject to the General Concurrence is not necessary. If NMFS does not 
agree that the actions fit the criteria in paragraph (f)(2) of this 
section, NMFS will notify the Federal agency that a General Concurrence 
will not be issued and that abbreviated or expanded consultation will be 
required. If NMFS identifies specific types of Federal actions that may 
meet the requirements for a General Concurrence, NMFS may initiate and 
complete a General Concurrence.
    (4) Notification and further consultation. NMFS may request 
notification for actions covered under a General Concurrence if NMFS 
concludes there are circumstances under which such actions could result 
in more than a minimal impact on EFH, or if it determines that there is 
not a process in place to adequately assess the cumulative impacts of 
actions covered under the General Concurrence. NMFS may require further 
consultation for these actions on a case-by case basis. Each General 
Concurrence should establish specific procedures for further 
consultation, if appropriate.
    (5) Public review. Prior to providing any Federal agency with a 
written statement of General Concurrence for a category of Federal 
actions, NMFS will provide an opportunity for public review through the 
appropriate Council(s), or other reasonable opportunity for public 
review.
    (6) Revisions. NMFS will periodically review and revise its findings 
of General Concurrence, as appropriate.
    (g) EFH Assessments--(1) Preparation requirement. For any Federal 
action that may adversely affect EFH, except for those activities 
covered by a General Concurrence, Federal agencies must provide NMFS 
with a written assessment of the effects of that action on EFH. Federal 
agencies may incorporate an EFH Assessment into documents prepared for 
other purposes such as ESA Biological Assessments pursuant to 50 CFR 
part 402 or NEPA documents and public notices pursuant to 40 CFR part 
1500. If an EFH Assessment

[[Page 107]]

is contained in another document, it must include all of the information 
required in paragraph (g)(2) of this section and be clearly identified 
as an EFH Assessment. The procedure for combining an EFH consultation 
with other consultation of environmental reviews is set forth in 
paragraph (e) of this section.
    (2) Mandatory contents. The assessment must contain:
    (i) A description of the proposed action.
    (ii) An analysis of the effects, including cumulative effects, of 
the proposed action on EFH, the managed species, and associated species, 
such as major prey species, including affected life history stages.
    (iii) The Federal agency's views regarding the effects of the action 
on EFH.
    (iv) Proposed mitigation, if applicable.
    (3) Additional information. If appropriate, the assessment should 
also include:
    (i) The results of an on-site inspection to evaluate the habitat and 
the site-specific effects of the project.
    (ii) The views of recognized experts on the habitat or species that 
may be affected.
    (iii) A review of pertinent literature and related information.
    (iv) An analysis of alternatives to the proposed action. Such 
analysis should include alternatives that could avoid or minimize 
adverse effects on EFH, particularly when an action is non-water 
dependent.
    (v) Other relevant information.
    (4) Incorporation by reference. The assessment may incorporate by 
reference a completed EFH Assessment prepared for a similar action, 
supplemented with any relevant new project specific information, 
provided the proposed action involves similar impacts to EFH in the same 
geographic area or a similar ecological setting. It may also incorporate 
by reference other relevant environmental assessment documents. These 
documents must be provided to NMFS with an EFH Assessment.
    (h) Abbreviated consultation procedures--(1) Purpose and criteria. 
Abbreviated consultation allows NMFS to quickly determine whether, and 
to what degree, a Federal action may adversely affect EFH. Federal 
actions that may adversely affect EFH should be addressed through the 
abbreviated consultation procedures when those actions do not qualify 
for a General Concurrence, but do not have the potential to cause 
substantial adverse effects on EFH. For example, the abbreviated 
consultation procedures should be used when the adverse effect(s) of an 
action or proposed action could be alleviated through minor 
modifications.
    (2) Notification by agency. The Federal agency should notify NMFS 
and, if NMFS so requests, the appropriate Council(s), in writing as 
early as practicable regarding proposed actions that may adversely 
affect EFH. Notification will facilitate discussion of measures to 
conserve the habitat. Such early consultation should occur during pre-
application planning for projects subject to a Federal permit or 
license, and during preliminary planning for projects to be funded or 
undertaken directly by a Federal agency.
    (3) Submittal of EFH Assessment. The Federal agency must submit a 
completed EFH Assessment, prepared in accordance with paragraph (g) of 
this section, to NMFS for review. Federal agencies will have fulfilled 
their consultation requirement under paragraph (a) of this section after 
notification and submittal of a complete EFH Assessment.
    (4) NMFS response to Federal agency. NMFS must respond in writing as 
to whether it concurs with the findings of the EFH Assessment. If NMFS 
believes that the proposed action may result in substantial adverse 
effects on EFH, or that additional analysis is needed to accurately 
assess the effects of the proposed action, NMFS will request that the 
Federal agency initiate expanded consultation. Such request will explain 
why NMFS believes expanded consultation is needed and will specify any 
new information needed. If additional consultation is not necessary, 
NMFS will respond by commenting and recommending measures that may be 
taken to conserve EFH, pursuant to section 305(b)(4)(A) of the Magnuson-
Stevens Act. NMFS will send a copy of its response to the appropriate 
Council.

[[Page 108]]

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

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



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

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

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

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



                  Subpart L--Fishing Capacity Reduction

    Authority: 16 U.S.C. 1861a(b)-(e).

    Source: 65 FR 31443, May 18, 2000, unless otherwise noted.



Sec. 600.1000  Definitions.

    In addition to the definitions in the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and in 
Sec. 600.10 of this title, the terms used in this subpart have the 
following meanings:
    Address of Record means the business address of a person, 
partnership, or corporation. Addresses listed on permits or other NMFS 
records are presumed to be business addresses, unless clearly indicated 
otherwise.
    Bid means the price a vessel owner or reduction fishery permit 
holder requests for reduction of his/her fishing capacity. It is an 
irrevocable offer in response to the invitation to bid in Sec. 600.1009.
    Borrower means, individually and collectively, each post-reduction 
fishing permit holder and/or fishing vessel owner fishing in the 
reduction fishery.
    Business plan means the document containing the information 
specified in Sec. 600.1003(n) and required to be submitted with a 
request for a financed program.
    Business week means a 7-day period, Saturday through Friday.
    Controlling fishery management plan or program (CFMP) means either 
any fishery management plan or any state fishery management plan or 
program, including amendments to the plan or program, pursuant to which 
a fishery is managed.
    Delivery value means:
    (1) For unprocessed fish, all compensation that a fish buyer pays to 
a fish seller in exchange for fee fish; and
    (2) For processed fish, all compensation that a fish buyer would 
have paid to a fish seller in exchange for fee fish if the fee fish had 
been unprocessed fish instead of processed fish.
    Delivery value encompasses fair market value, as defined herein, and 
includes the value of all in-kind compensation or all other goods or 
services exchanged in lieu of cash. It is synonymous with the statutory 
term ``ex-vessel value'' as used in section 312 of the Magnuson Act.
    Deposit principal means all collected fee revenue that a fish buyer 
deposits in a segregated account maintained at a federally insured 
financial institution for the sole purpose of aggregating collected fee 
revenue before sending the fee revenue to NMFS for repaying a reduction 
loan.
    Fair market value means the amount that a buyer pays a seller in an 
arm's length transaction or, alternatively,

[[Page 111]]

would pay a seller if the transaction were at arm's length.
    Fee means the amount that fish buyers deduct from the delivery value 
under a financed reduction program. The fee is the delivery value times 
the reduction fishery's applicable fee rate under section 600.1013.
    Fee fish means all fish harvested from a reduction fishery involving 
a financed program during the period in which any amount of the 
reduction loan remains unpaid. The term fee fish excludes fish harvested 
incidentally while fishing for fish not included in the reduction 
fishery.
    Final development plan means the document NMFS prepares, under 
Sec. 600.1006(b) and based on the preliminary development plan the 
requester submits, for a subsidized program.
    Financed means funded, in any part, by a reduction loan.
    Fish buyer means the first ex-vessel party who:
    (1) in an arm's--length transaction, purchases fee fish from a fish 
seller;
    (2) takes fish on consignment from a fish seller; or
    (3) otherwise receives fish from a fish seller in a non arm's-length 
transaction.
    Fish delivery means the point at which a fish buyer first purchases 
fee fish or takes possession of fee fish from a fish seller.
    Fishing capacity reduction specifications means the minimum amount 
of fishing capacity reduction and the maximum amount of reduction loan 
principal specified in a business plan.
    Fish seller means the party who harvests and first sells or 
otherwise delivers fee fish to a fish buyer.
    Fishery Management Plan (FMP) means any Federal fishery management 
plan, including amendments to the plan, that the Secretary of Commerce 
approves or adopts pursuant to section 303 of the Magnuson-Stevens Act.
    Fund means the Fishing Capacity Reduction Fund, and each subaccount 
for each program, established in the U.S. Treasury for the deposit into, 
and disbursement from, all funds, including all reduction loan capital 
and all fee revenue, involving each program.
    Implementation plan means the plan in Sec. 600.1008 for carrying out 
each program.
    Implementation regulations mean the regulations in Sec. 600.1008 for 
carrying out each program.
    Net delivery value means the delivery value minus the fee.
    Post-bidding referendum means a referendum that follows bidding 
under Sec. 600.1009.
    Post-reduction means after a program reduces fishing capacity in a 
reduction fishery.
    Pre-bidding referendum means a referendum that occurs at any time 
after a request for a financed program but before a proposal under 
Sec. 600.1008 of a implementation plan and implementation regulations.
    Preliminary development plan means the document specified in 
Sec. 600.1005(g) and required to be submitted with a request for a 
subsidized program.
    Processed fish means fish in any form different from the form in 
which the fish existed at the time the fish was first harvested, unless 
any such difference in form represents, in the reduction fishery 
involved, the standard ex-vessel form upon which fish sellers and fish 
buyers characteristically base the delivery value of unprocessed fish.
    Program means each instance of reduction under this subpart, in each 
reduction fishery--starting with a request and ending, for a financed 
program, with full reduction loan repayment.
    Reduction means the act of reducing fishing capacity under any 
program.
    Reduction amendment means any amendment, or, where appropriate, 
framework adjustment, to a CFMP that may be necessary for a program to 
meet the requirements of this subpart.
    Reduction amendment specifications mean the reduction amendment to a 
CFMP specified in a business plan.
    Reduction contract means the invitation to bid under Sec. 600.1009, 
together with each bidder's irrevocable offer and NMFS' conditional or 
non-conditional acceptance of each such bid under Sec. 600.1009.
    Reduction cost means the total dollar amount of all reduction 
payments to fishing permit owners, fishing vessel owners, or both, in a 
reduction fishery.

[[Page 112]]

    Reduction fishery means the fishery or portion of a fishery to which 
a program applies. The reduction fishery must specify each included 
species, as well as any limitations by gear type, fishing vessel size, 
geographic area, and any other relevant factor(s).
    Reduction loan means a loan, under section 1111 and section 1112 of 
Title XI of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1279f 
and g App.), for financing any portion, or all, of a financed program's 
reduction cost and repayable by a fee under, and in accordance with, 
Sec. 600.1012, Sec. 600.1013, and Sec. 600.1014.
    Reduction payment means the Federal Government's fishing capacity 
reduction payment to a fishing permit owner, fishing vessel owner, or 
both, under a reduction contract. Additionally, it is payment for 
reduction to each bidder whose bid NMFS accepts under Sec. 600.1009. In 
a financed program each reduction payment constitutes a disbursement of 
a reduction loan's proceeds and is for either revoking a fishing permit 
or both revoking a fishing permit and withdrawing a vessel from fishing 
either by scrapping or title restriction.
    Reduction permit means any fishing permit revoked in a program in 
exchange for a reduction payment under a reduction contract.
    Reduction vessel means any fishing vessel withdrawn from fishing 
either by scrapping or title restriction in exchange for a reduction 
payment under a reduction contract.
    Referendum means the voting process under Sec. 600.1010 for 
approving the fee system for repaying a reduction loan.
    Request means a request, under Sec. 600.1001, for a program.
    Requester means a Council for a fishery identified in 
Sec. 600.1001(c), a state governor for a fishery identified in 
Sec. 600.1001(d), or the Secretary for a fishery identified in 
Sec. 600.1001(e).
    Scrap means to completely and permanently reduce a fishing vessel's 
hull, superstructures, and other fixed structural components to 
fragments having value, if any, only as raw materials for reprocessing 
or for other non-fisheries use.
    Subsidized means wholly funded by anything other than a reduction 
loan.
    Treasury percentage means the annual percentage rate at which NMFS 
must pay interest to the U.S. Treasury on any principal amount that NMFS 
borrows from the U.S. Treasury in order to generate the funds with which 
to later disburse a reduction loan's principal amount.
    Unprocessed fish means fish in the same form as the fish existed at 
the time the fish was harvested, unless any difference in form 
represents, in the reduction fishery involved, the standard ex-vessel 
form upon which fish sellers and fish buyers characteristically base the 
delivery value of unprocessed fish.
    Vote means a vote in a referendum.



Sec. 600.1001  Requests.

    (a) A Council or the Governor of a State under whose authority a 
proposed reduction fishery is subject may request that NMFS conduct a 
program in that fishery. Each request shall be in writing and shall be 
submitted to the Director, Office of Sustainable Fisheries, NMFS. Each 
request shall satisfy the requirements of Sec. 600.1003 or 
Sec. 600.1005, as applicable, and enable NMFS to make the determinations 
required by Sec. 600.1004 or Sec. 600.1006, as applicable.
    (b) NMFS cannot conduct a program in any fishery subject to the 
jurisdiction of a Council or a state unless NMFS first receives a 
request from the Council or the governor to whose jurisdiction the 
fishery is subject.
    (c) For a fishery subject to the jurisdiction of a Council, only 
that Council can or must make the request. If the fishery is subject to 
the jurisdiction of two or more Councils, those Councils must make a 
joint request. No Council may make a request, or join in making a 
request, until after the Council conducts a public hearing about the 
request.
    (d) For a fishery subject to the jurisdiction of a State, only the 
Governor of that State can make the request. If the fishery is subject 
to the jurisdiction of two or more states, the Governors of those States 
shall make a joint request. No Governor of a State may make a request, 
or join in making a request, until the State conducts a public hearing 
about the request.

[[Page 113]]

    (e) For a fishery under the direct management authority of the 
Secretary, NMFS may conduct a program on NMFS' own motion by fulfilling 
the requirements of this subpart that reasonably apply to a program not 
initiated by a request.
    (f) Where necessary to accommodate special circumstances in a 
particular fishery, NMFS may waive, as NMFS deems necessary and 
appropriate, compliance with any specific requirements under this 
subpart not required by statute.



Sec. 600.1002  General requirements.

    (a) Each program must be: (1) Necessary to prevent or end 
overfishing, rebuild stocks of fish, or achieve measurable and 
significant improvements in the conservation and management of the 
reduction fishery;
    (2) Accompanied by the appropriate environmental, economic and/or 
socioeconomic analyses, in accordance with applicable statutes, 
regulations, or other authorities; and
    (3) Consistent with the CFMP, including any reduction amendment, for 
the reduction fishery.
    (b) Each CFMP for a reduction fishery must: (1) Prevent the 
replacement of fishing capacity removed by the program through a 
moratorium on new entrants, restrictions on vessel upgrades, and other 
effort control measures, taking into account the full potential fishing 
capacity of the fleet;
    (2) Establish a specified or target total allowable catch or other 
measures that trigger closure of the fishery or adjustments to reduce 
catch; and
    (3) Include, for a financed program in a reduction fishery involving 
only a portion of a fishery, appropriate provisions for the post-
reduction allocation of fish between the reduction fishery and the rest 
of the fishery that both protect the borrower's reduction investment in 
the program and support the borrower's ability to repay the reduction 
loan.



Sec. 600.1003  Content of a request for a financed program.

    A request for a financed program shall:
    (a) Specify the reduction fishery.
    (b) Project the amount of the reduction and specify what a reduction 
of that amount achieves in the reduction fishery.
    (c) Specify whether the program is to be wholly or partially 
financed and, if the latter, specify the amount and describe the 
availability of all funding from sources other than a reduction loan.
    (d) Project the availability of all Federal appropriation authority 
or other funding, if any, that the financed program requires, including 
the time at which funding from each source will be available and how 
that relates to the time at which elements of the reduction process are 
projected to occur.
    (e) Demonstrate how the program meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(a).
    (f) Demonstrate how the CFMP meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(b).
    (g) If a reduction amendment is necessary, include an actual 
reduction amendment or the requester's endorsement in principle of the 
reduction amendment specifications in the business plan. Endorsement in 
principle is non-binding.
    (h) Request that NMFS conduct, at the appropriate time, a referendum 
under Sec. 600.1010 of this subpart.
    (i) List the names and addresses of record of all fishing permit or 
fishing vessel owners who are currently authorized to harvest fish from 
the reduction fishery, excluding those whose authority is limited to 
incidentally harvesting fish from the reduction fishery during directed 
fishing for fish not in the reduction fishery. The list shall be based 
on the best information available to the requester. The list shall take 
into account any limitation by type of fishing gear operated, size of 
fishing vessel operated, geographic area of operation, or other factor 
that the proposed program involves. The list may include any relevant 
information that NMFS may supply to the requester.
    (j) Specify the aggregate total allowable catch in the reduction 
fishery during each of the preceding 5 years and the aggregate portion 
of such catch

[[Page 114]]

harvested by the parties listed under paragraph (i) of this section.
    (k) Specify the criteria for determining the types and number of 
fishing permits or fishing permits and fishing vessels that are eligible 
for reduction under the program. The criteria shall take into account:
    (1) The characteristics of the fishery;
    (2) Whether the program is limited to a particular gear type within 
the reduction fishery or is otherwise limited by size of fishing vessel 
operated, geographic area of operation, or other factor;
    (3) Whether the program is limited to fishing permits or involves 
both fishing permits and fishing vessels;
    (4) The reduction amendment required;
    (5) The needs of fishing communities;
    (6) Minimizing the program's reduction cost; and
    (7) All other relevant factors.
    (l) Include the requester's assessment of the program's potential 
impact on fisheries other than the reduction fishery, including an 
evaluation of the likely increase in participation or effort in such 
other fisheries, the general economic impact on such other fisheries, 
and recommendations that could mitigate, or enable such other fisheries 
to mitigate, any undesirable impacts.
    (m) Include any other information or guidance that would assist NMFS 
in developing an implementation plan and implementation regulations.
    (n) Include a business plan, prepared by, or on behalf of, 
knowledgeable and concerned harvesters in the reduction fishery, that:
    (1) Specifies a detailed reduction methodology that accomplishes the 
maximum sustained reduction in the reduction fishery's fishing capacity 
at the least reduction cost and in the minimum period of time, and 
otherwise achieves the program result that the requester specifies under 
paragraph (b) of this section. The methodology shall:
    (i) Establish the appropriate point for NMFS to conduct a pre-
bidding referendum and be sufficiently detailed to enable NMFS to 
readily:
    (A) Design, propose, and adopt a timely and reliable implementation 
plan,
    (B) Propose and issue timely and reliable implementation 
regulations,
    (C) Invite bids,
    (D) Accept or reject bids, and
    (E) Complete a program in accordance with this subpart, and
    (ii) Address, consistently with this subpart:
    (A) The contents and terms of invitations to bid,
    (B) Bidder eligibility,
    (C) The type of information that bidders shall supply,
    (D) The criteria for accepting or rejecting bids,
    (E) The terms of bid acceptances,
    (F) Any referendum procedures in addition to, but consistent with, 
those in Sec. 600.1010, and
    (G) All other technical matters necessary to conduct a program;
    (2) Projects and supports the reduction fishery's annual delivery 
value during the reduction loan's repayment period based on documented 
analysis of actual representative experience for a reasonable number of 
past years in the reduction fishery;
    (3) Includes the fishing capacity reduction specifications upon 
which both the pre-bidding referendum and the bidding under 
Sec. 600.1009 will be based. The reduction loan's maximum principal 
amount cannot, at the interest rate projected to prevail at the time of 
reduction, exceed the principal amount that can be amortized in 20 years 
by 5 percent of the projected delivery value;
    (4) States the reduction loan's repayment term and the fee rate, or 
range of fee rates, prospectively necessary to amortize the reduction 
loan over its repayment term;
    (5) Analyzes and demonstrates the ability to repay the reduction 
loan at the minimum reduction level and at various reduction-level 
increments reasonably greater than the minimum one, based on the:
    (i) Best and most representative historical fishing revenue and 
expense data and any other relevant productivity measures available in 
the reduction fishery, and

[[Page 115]]

    (ii) Projected effect of the program on the post-reduction operating 
economics of typical harvesters in the reduction fishery, with 
particular emphasis on the extent to which the reduction increases the 
ratio of delivery value to fixed cost and improves harvesting's other 
relevant productivity measures;
    (6) Demonstrates how the business plan's proposed program meets, or 
will meet after an appropriate reduction amendment, the requirements in 
Sec. 600.1002(a);
    (7) Demonstrates how the CFMP meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(b);
    (8) Includes, if a reduction amendment is necessary, the reduction 
amendment specifications upon which the pre-bidding referendum will be 
based;
    (9) Includes an assessment of the program's potential impact on 
fisheries other than the reduction fishery, including an evaluation of 
the likely increase in participation or effort in such other fisheries, 
the general economic impact on such other fisheries, and recommendations 
that could mitigate, or enable such other fisheries to mitigate, any 
undesirable impacts;
    (10) Specifies the names and addresses of record of all fish buyers 
who can, after reduction, reasonably be expected to receive deliveries 
of fee fish. This shall be based on the best information available, 
including any information that NMFS may be able to supply to the 
business planners;
    (11) Specifies, after full consultation with fish buyers, any 
special circumstances in the reduction fishery that may require the 
implementing regulations to contain provisions in addition to, or 
different from, those contained in Sec. 600.1013 and/or Sec. 600.1014 in 
order to accommodate the circumstances of, and practices in, the 
reduction fishery while still fulfilling the intent and purpose of 
Sec. 600.1013 and/or Sec. 600.1014--including, but not limited to:
    (i) In the case of reduction fisheries in which state data 
confidentiality laws or other impediments may negatively affect the 
efficient and effective conduct of the same, specification of who needs 
to take what action to resolve any such impediments, and
    (ii) In the case of reduction fisheries in which some fish sellers 
sell unprocessed, and other fish sellers sell processed fish to fish 
buyers, specification of an accurate and efficient method of 
establishing the delivery value of processed fish; and
    (12) Demonstrates by a survey of potential voters, or by any other 
convincing means, a substantial degree of potential voter support for 
the business plan and confidence in its feasibility.
    (o) Include the requester's statement of belief that the business 
plan, the CFMP, the reduction amendment specifications, and all other 
request aspects constitute a complete, realistic, and practical prospect 
for successfully completing a program in accordance with this subpart.



Sec. 600.1004  Accepting a request for, and determinations about initiating, a financed program.

    (a) Accepting a request. Once it receives a request, NMFS will 
review any request for a financed program to determine whether the 
request conforms with the requirements of Sec. 600.1003. If the request 
does not conform, NMFS will return the request with guidance on how to 
make the request conform. If the request conforms, NMFS shall accept it 
and publish a notice in the Federal Register requesting public comments 
on the request. Such notice shall state the name and address of record 
of each eligible voter, as well as the basis for having determined the 
eligibility of those voters. This shall constitute notice and 
opportunity to respond about adding eligible voters, deleting ineligible 
voters, and/or correcting any voter's name and address of record. If, in 
NMFS' discretion, the comments received in response to such notice 
warrants it, or other good cause warrants it, NMFS may modify such list 
by publishing another notice in the Federal Register.
    (b) Determination about initiating a financed program. After receipt 
of a conforming request for a financed program, NMFS will, after 
reviewing and responding to any public comments received in response to 
the notice published in the Federal Register under

[[Page 116]]

paragraph (a) of this section, initiate the program if NMFS determines 
that:
    (1) The program meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(a);
    (2) The CFMP meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(b);
    (3) The program, if successfully implemented, is cost effective;
    (4) The reduction requested constitutes a realistic and practical 
prospect for successfully completing a program in accordance with this 
subpart and the borrower is capable of repaying the reduction loan. This 
includes enabling NMFS to readily design, propose, and adopt a timely 
and reliable implementation plan as well as propose and issue timely and 
reliable implementation regulations and otherwise complete the program 
in accordance with this subpart; and
    (5) The program accords with all other applicable law.



Sec. 600.1005  Content of a request for a subsidized program.

    A request for a subsidized program shall:
    (a) Specify the reduction fishery.
    (b) Project the amount of the reduction and specify what a reduction 
of that amount achieves in the reduction fishery.
    (c) Project the reduction cost, the amount of reduction cost to be 
funded by Federal appropriations, and the amount, if any, to be funded 
by other sources.
    (d) Project the availability of Federal appropriations or other 
funding, if any, that completion of the program requires, including the 
time at which funding from each source will be available and how that 
relates to the time at which elements of the reduction process are 
projected to occur.
    (e) List the names and addresses of record of all fishing permit or 
fishing vessel owners who are currently authorized to harvest fish from 
the reduction fishery, excluding those whose authority is limited to 
incidentally harvesting fish from the reduction fishery during directed 
fishing for fish not in the reduction fishery. The list shall be based 
on the best information available to the requester, including any 
information that NMFS may supply to the requester, and take into account 
any limitation by type of fishing gear operated, size of fishing vessel 
operated, geographic area of operation, or other factor that the 
proposed program involves.
    (f) Specify the aggregate total allowable catch in the reduction 
fishery during each of the preceding 5 years and the aggregate portion 
of such catch harvested by the parties listed under paragraph (e) of 
this section.
    (g) Include a preliminary development plan that: (1) Specifies a 
detailed reduction methodology that accomplishes the maximum sustained 
reduction in the reduction fishery's fishing capacity at the least cost 
and in a minimum period of time, and otherwise achieves the program 
result that the requester specifies under paragraph (b) of this section. 
The methodology shall:
    (i) Be sufficiently detailed to enable NMFS to prepare a final 
development plan to serve as the basis for NMFS to readily design, 
propose, and adopt a timely and reliable implementation plan and propose 
and issue timely and reliable implementation regulations, and
    (ii) Include:
    (A) The contents and terms of invitations to bid,
    (B) Eligible bidders,
    (C) The type of information that bidders shall supply,
    (D) The criteria for accepting or rejecting bids, and
    (E) The terms of bid acceptances;
    (2) Specifies the criteria for determining the types and numbers of 
fishing permits or fishing permits and fishing vessels that are eligible 
for reduction under the program. The criteria shall take into account:
    (i) The characteristics of the fishery,
    (ii) Whether the program is limited to a particular gear type within 
the reduction fishery, or is otherwise limited by size of fishing vessel 
operated, geographic area of operation, or other factor,
    (iii) Whether the program is limited to fishing permits or involves 
both fishing permits and fishing vessels,
    (iv) The reduction amendment required,

[[Page 117]]

    (v) The needs of fishing communities, and
    (vi) The need to minimize the program's reduction cost; and
    (3) Demonstrates the program's cost effectiveness.
    (h) Demonstrate how the program meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(a).
    (i) Demonstrate how the CFMP meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(b)(1) 
and (2).
    (j) Specify any other information or guidance that assists NMFS in 
preparing a final development plan and a proposed implementation plan 
and proposed implementation regulations.
    (k) Include the requester's statement of belief that the program 
constitutes a reasonably realistic and practical prospect for 
successfully completing a program in accordance with this subpart.



Sec. 600.1006  Accepting a request for, and determinations about conducting, a subsidized program.

    (a) Accepting a request. NMFS will review any request for a 
subsidized program submitted to NMFS to determine whether the request 
conforms with the requirements of Sec. 600.1005. If the request does not 
conform, NMFS will return it with guidance on how to make the request 
conform. If the request conforms, NMFS shall accept it and publish a 
notice in the Federal Register requesting public comments about the 
request.
    (b) Final development plan. After receipt of a conforming request, 
NMFS will prepare a final development plan if NMFS determines that the 
reduction requested constitutes a realistic and practical prospect for 
successfully completing a program in accordance with this subpart. This 
includes enabling NMFS to readily design, propose, and adopt a timely 
and reliable implementation plan as well as propose and issue timely and 
reliable implementation regulations and otherwise complete the program 
in accordance with this subpart. NMFS will, as far as possible, base the 
final development plan on the requester's preliminary development plan. 
Before completing the final development plan, NMFS will consult, as NMFS 
deems necessary, with the requester, Federal agencies, state and 
regional authorities, affected fishing communities, participants in the 
reduction fishery, conservation organizations, and other interested 
parties in preparing the final development plan.
    (c) Reaffirmation of the request. After completing the final 
development plan, NMFS will submit the plan to the requester for the 
requester's reaffirmation of the request. Based on the final development 
plan, the reaffirmation shall: (1) Certify that the final development 
plan meets, or will meet after an appropriate reduction amendment, the 
requirements in Sec. 600.1002(a);
    (2) Certify that the CFMP meets, or will meet after an appropriate 
reduction amendment, the requirements in Sec. 600.1002(b)(1) and (2); 
and
    (3) Project the date on which the requester will forward any 
necessary reduction amendment and, if the requester is a Council, 
proposed regulations to implement the reduction amendment. The requester 
shall base any necessary reduction amendment on the final development 
plan.
    (d) Determinations about conducting a subsidized program. After 
NMFS' receipt of the requester's reaffirmation, any required reduction 
amendment, and any proposed regulations required to implement the 
amendment, NMFS will initiate the program if NMFS determines that:
    (1) The program meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(a);
    (2) The CFMP meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(b)(1) and (2); and
    (3) The program is reasonably capable of being successfully 
implemented;
    (4) The program, if successfully implemented, will be cost 
effective; and
    (5) The program is in accord with all other applicable provisions of 
the Magnuson-Stevens Act and this subpart.



Sec. 600.1007  Reduction amendments.

    (a) Each reduction amendment may contain provisions that are either 
dependent upon or independent of a program. Each provision of a 
reduction amendment is a dependent provision unless the amendment 
expressly designates the provision as independent.

[[Page 118]]

    (b) Independent provisions are effective without regard to any 
subsequent program actions.
    (c) Dependent provisions are initially effective for the sole 
limited purpose of enabling initiation and completion of the pre-
reduction processing stage of a program.
    (d) All dependent provisions of a reduction amendment for a financed 
program are fully in force and effect for all other purposes only when 
NMFS either:
    (1) For bidding results that conform to the fishing capacity 
reduction specifications and are not subject to any other condition, 
notifies bidders, under Sec. 600.1009(e)(3), that reduction contracts 
then exist between the bidders and the United States; or
    (2) For bidding results that do not conform to the fishing capacity 
reduction specifications or are subject to any other condition, notifies 
bidders whose bids NMFS had conditionally accepted, under Sec. 600.1010 
(d)(8)(iii), that the condition pertaining to the reduction contracts 
between them and the United States is fulfilled.
    (e) If NMFS does not, in accordance with this subpart and any 
special provisions in the implementation regulations, subsequently make 
all reduction payments that circumstances, in NMFS' judgment, reasonably 
permit NMFS to make and, thus, complete a program, no dependent 
provisions shall then have any further force or effect for any purpose 
and all final regulations involving such dependent provisions shall then 
be repealed.



Sec. 600.1008  Implementation plan and implementation regulations.

    (a) As soon as practicable after deciding to initiate a program, 
NMFS will prepare and publish, for a 60-day public comment period, a 
proposed implementation plan and implementation regulations. During the 
public comment period, NMFS will conduct a public hearing of the 
proposed implementation plan and implementation regulations in each 
state that the program affects.
    (b) To the greatest extent practicable, NMFS will base the 
implementation plan and implementation regulations for a financed 
program on the business plan. The implementation plan for a financed 
program will describe in detail all relevant aspects of implementing the 
program, including:
    (1) The reduction fishery;
    (2) The reduction methodology;
    (3) The maximum reduction cost;
    (4) The maximum reduction loan amount, if different from the maximum 
reduction cost;
    (5) The reduction cost funding, if any, other than a reduction loan;
    (6) The minimum acceptable reduction level;
    (7) The potential amount of the fee;
    (8) The criteria for determining the types and number of fishing 
permits or fishing permits and fishing vessels eligible to participate 
in the program;
    (9) The invitation to bid and bidding procedures;
    (10) The criteria for determining bid acceptance;
    (11) The referendum procedures; and
    (12) Any relevant post-referendum reduction procedures other than 
those in the implementation regulations or this subpart.
    (c) NMFS will base each implementation plan and implementation 
regulations for a subsidized program on the final development plan. The 
implementation plan will describe in detail all relevant aspects of 
implementing the program, including:
    (1) The reduction fishery;
    (2) The reduction methodology;
    (3) The maximum reduction cost;
    (4) The reduction-cost funding, if any, other than Federal 
appropriations;
    (5) The criteria for determining the types and number of fishing 
permits or fishing permits and fishing vessels eligible to participate 
in the program;
    (6) The invitation to bid and bidding procedures;
    (7) The criteria for determining bid acceptance; and
    (8) Any relevant post-bidding program procedures other than those in 
the implementation regulations or this subpart.
    (d) The implementation regulations will:
    (1) Specify, for invitations to bid, bids, and reduction contracts 
under Sec. 600.1009:
    (i) Bidder eligibility,

[[Page 119]]

    (ii) Bid submission requirements and procedures,
    (iii) A bid opening date, before which a bidder may not bid, and a 
bid closing date, after which a bidder may not bid,
    (iv) A bid expiration date after which the irrevocable offer 
contained in each bid expires unless NMFS, before that date, accepts the 
bid by mailing a written acceptance notice to the bidder at the bidder's 
address of record,
    (v) The manner of bid submission and the information each bidder 
shall supply for NMFS to deem a bid responsive,
    (vi) The conditions under which NMFS will accept or reject a bid,
    (vii) The manner in which NMFS will accept or reject a bid, and
    (viii) The manner in which NMFS will notify each bidder of bid 
acceptance or rejection;
    (2) Specify any other special referendum procedures or criteria; and
    (3) Specify such other provisions, in addition to and consistent 
with those in this subpart, necessary to regulate the individual terms 
and conditions of each program and reduction loan. This includes, but is 
not limited to:
    (i) Provisions for the payment of costs and penalties for non-
payment, non-collection, non-deposit, and/or non-disbursement of the fee 
in accordance with Sec. 600.1013 and Sec. 600.1014,
    (ii) Prospective fee rate determinations, and
    (iii) Any other aspect of fee payment, collection, deposit, 
disbursement, accounting, record keeping, and/or reporting.
    (e) NMFS will issue final implementation regulations and adopt a 
final implementation plan within 45 days of the close of the public-
comment period.
    (f) NMFS may repeal the final implementation regulations for any 
program if:
    (1) For a financed program, the bidding results do not conform to 
the fishing capacity reduction specifications or a post-bidding 
referendum does not subsequently approve an industry fee system based on 
the bidding results;
    (2) For a subsidized program, NMFS does not accept bids; and
    (3) For either a financed program or a subsidized program, if NMFS 
is unable to make all reduction payments due to a material adverse 
change.



Sec. 600.1009  Bids.

    (a) Each invitation to bid, bid, bid acceptance, reduction contract, 
and bidder--or any other party in any way affected by any of the 
foregoing--under this subpart is subject to the terms and conditions in 
this section:
    (1) Each invitation to bid constitutes the entire terms and 
conditions of a reduction contract under which:
    (i) Each bidder makes an irrevocable offer to the United States of 
fishing capacity for reduction, and
    (ii) NMFS accepts or rejects, on behalf of the United States, each 
bidder's offer;
    (2) NMFS may, at any time before the bid expiration date, accept or 
reject any or all bids;
    (3) For a financed program in which bidding results do not conform 
to the fishing capacity reduction specifications, NMFS' acceptance of 
any bid is subject to the condition that the industry fee system 
necessary to repay the reduction loan is subsequently approved by a 
successful post-bidding referendum conducted under Sec. 600.1010. 
Approval or disapproval of the industry fee system by post-bidding 
referendum is an event that neither the United States nor the bidders 
can control. Disapproval of the industry fee system by an unsuccessful 
post-bidding referendum fully excuses both parties from any performance 
and fully discharges all duties under any reduction contract;
    (4) For a financed program in one reduction fishery that is being 
conducted under appropriate implementation regulations simultaneously 
with another financed program in another reduction fishery, where the 
acceptance of bids for each financed program is conditional upon 
successful post-bidding referenda approving industry fee systems for 
both financed programs, NMFS' acceptance of all bids is, in addition to 
any condition under paragraph (a)(3) of this section, also subject to 
the additional conditions that both referenda approve the industry fee 
systems required for both financed programs--all as otherwise provided 
in paragraph (a)(3) of this section;
    (5) Upon NMFS' acceptance of the bid and tender of a reduction 
payment, the bidder consents to:

[[Page 120]]

    (i) The revocation, by NMFS, of any reduction permit, and
    (ii) Where the program also involves the withdrawal of reduction 
vessels from fishing:
    (A) Title restrictions imposed by the U.S. Coast Guard on any 
reduction vessel that is federally documented to forever prohibit and 
effectively prevent any future use of the reduction vessel for fishing 
in any area subject to the jurisdiction of the United States or any 
state, territory, commonwealth, or possession of the United States, or
    (B) Where reduction vessel scrapping is involved and the reduction 
vessel's owner does not comply with the owner's obligation under the 
reduction contract to scrap the reduction vessel, take such measures as 
necessary to cause the reduction vessel's prompt scrapping. The 
scrapping will be at the reduction vessel owner's risk and expense. Upon 
completion of scrapping, NMFS will take such action as may be necessary 
to recover from the reduction vessel owner any cost or expense NMFS 
incurred in causing the reduction vessel to be scrapped and any other 
damages NMFS may have incurred and such owner shall be liable to the 
United States for such cost, expenses, and damages;
    (6) Money damages not being an adequate remedy for a bidder's breach 
of a reduction contract, the United States is, in all particulars, 
entitled to specific performance of each reduction contract. This 
includes, but is not limited to, the scrapping of a reduction vessel;
    (7) Any reduction payment is available, upon timely and adequately 
documented notice to NMFS, to satisfy liens, as allowed by law, against 
any reduction permit/and or reduction vessel; provided, however, that:
    (i) No reduction payment to any bidder either relieves the bidder of 
responsibility to discharge the obligation which gives rise to any lien 
or relieves any lien holder of responsibility to protect the lien 
holder's interest,
    (ii) No reduction payment in any way gives rise to any
    liability of the United States for the obligation underlying any 
lien,
    (iii) No lien holder has any right or standing, not otherwise 
provided by law, against the United States in connection with the 
revocation of any reduction permit or the title restriction or scrapping 
of any reduction vessel under this subpart, and
    (iv) This subpart does not provide any lien holder with any right or 
standing to seek to set aside any revocation of any reduction permit or 
the title restriction or scrapping of any reduction vessel for which the 
United States made, or has agreed to make, any reduction payment. A lien 
holder is limited to recovery against the holder of the reduction permit 
or the owner of the reduction vessel as otherwise provided by law; and
    (8) Each invitation to bid may specify such other terms and 
conditions as NMFS believes necessary to enforce specific performance of 
each reduction contract or otherwise to ensure completing each program. 
This includes, but is not limited to, each bidder's certification, 
subject to the penalties in Sec. 600.1017, of the bidder's full 
authority to submit each bid and to dispose of the property involved in 
the bid in the manner contemplated by each invitation to bid.
    (b) NMFS will not invite bids for any program until NMFS determines 
that:
    (1) Any necessary reduction amendment is fully and finally approved 
and all provisions except those dependent on the completion of reduction 
are implemented;
    (2) The final implementation plan is adopted and the final 
implementation regulations are issued;
    (3) All required program funding is approved and in place, including 
all Federal appropriation and apportionment authority;
    (4) Any reduction loan involved is fully approved;
    (5) Any non-Federal funding involved is fully available at the 
required time for NMFS disbursement as reduction payments; and
    (6) All other actions necessary to disburse reduction payments, 
except for matters involving bidding and post-bidding referenda, are 
completed.
    (c) After making the affirmative determinations required under 
paragraph (b) of this section, NMFS will publish a Federal Register 
notice inviting eligible bidders to offer to the United

[[Page 121]]

States, under this subpart, fishing capacity for reduction.
    (d) NMFS may extend a bid closing date and/or a bid expiration date 
for a reasonable period. NMFS may also issue serial invitations to bid 
if the result of previous bidding, in NMFS' judgment, warrant this.
    (e) After the bid expiration date, NMFS will:
    (1) Analyze responsive bids;
    (2) Determine which bids, if any, NMFS accepts; and
    (3) Notify, by U.S. mail at each bidder's address of
    record, those bidders whose bids NMFS accepts that a reduction 
contract now exists between them and the United States--subject, where 
appropriate, to the conditions provided for elsewhere in this subpart.
    (f) NMFS will keep confidential the identity of all bidders whose 
bids NMFS does not accept. In financed programs where bidding results do 
not conform to the fishing capacity reduction specifications, NMFS also 
will keep confidential the identity of all bidders whose bids NMFS does 
accept until after completing a successful post-bidding referendum under 
Sec. 600.1010.



Sec. 600.1010  Referenda.

    (a) Referendum success. A referendum is successful if at least two-
thirds of the ballots that qualify to be counted as referendum votes 
under subparagraph (d)(6) of this section are cast in favor of an 
industry fee system.
    (b) Pre-bidding referendum--(1) Initial referendum. An initial pre-
bidding referendum shall be conducted for each financed program. The 
business plan shall, subject to this subpart, determine the 
chronological relationship of the initial pre-bidding referendum to 
other pre-bidding aspects of the reduction process sequence. The initial 
pre-bidding referendum shall be based on the fishing capacity reduction 
specifications. If the initial pre-bidding referendum precedes the 
adoption of any necessary reduction amendment, the initial pre-bidding 
referendum shall also be based on the reduction amendment 
specifications. If the initial pre-bidding referendum follows the 
adoption of any necessary reduction amendment, the initial pre-bidding 
referendum shall also be based on the adopted reduction amendment;
    (2) Successful initial pre-bidding referendum. If the initial pre-
bidding referendum is successful, the reduction process will proceed as 
follows:
    (i) If the initial pre-bidding referendum follows reduction 
amendment adoption, no second pre-bidding referendum shall be conducted,
    (ii) If the initial pre-bidding referendum precedes reduction 
amendment adoption, a second pre-bidding referendum shall be conducted 
if, in NMFS' judgment, the reduction amendment subsequently adopted 
differs, in any respect materially affecting the borrower's reduction 
investment in the program and the borrower's ability to repay the 
reduction loan, from the reduction amendment specifications upon which 
the initial pre-bidding referendum successfully occurred. The sole 
purpose of any second pre-bidding referendum shall be to determine 
whether the voters authorize an industry fee system despite any such 
difference between the reduction amendment specifications and a 
subsequently adopted reduction amendment.
    (3) Unsuccessful initial pre-bidding referendum. If the initial pre-
bidding referendum is unsuccessful, the reduction process will either 
cease or NMFS may suspend the process pending an appropriate amendment 
of the business plan and the request.
    (c) Post-bidding referendum. A post-bidding referendum shall occur 
only if, in NMFS' judgment, the result of bidding under Sec. 600.1009 
does not conform, in any material respect, to the fishing capacity 
reduction specifications and such result justifies, in NMFS' judgment, 
conducting a post-bidding referendum. Bidding that results in reducing 
fishing capacity in any amount not less than the minimum fishing 
capacity reduction amount for any reduction loan amount not more than 
the maximum reduction loan amount, and otherwise achieves all material 
requirements of the fishing capacity reduction specifications, shall 
conform to the fishing capacity reduction specifications. The sole 
purpose of any post-bidding referendum shall be to determine whether 
voters authorize an industry

[[Page 122]]

fee system for bidding that results in reducing fishing capacity in any 
amount materially less than the minimum amount in the fishing capacity 
reduction specifications.
    (d) NMFS will conduct referenda in accordance with the following: 
(1) Eligible voters. The parties eligible to vote in each referendum are 
the parties whose names are listed as being eligible to vote in the 
notice published in the Federal Register under Sec. 600.1004(a);
    (2) Ballot issuance. NMFS will mail, by U.S. certified mail, return 
receipt requested, a ballot to each eligible voter. Each ballot will 
bear a randomly derived, 5-digit number assigned to each eligible voter. 
Each ballot will contain a place for the voter to vote for or against 
the proposed industry fee system and a place, adjacent to the 5-digit 
number, for the signature of the fishing permit or fishing vessel owner 
to whom the ballot is addressed or, if the fishing permit or fishing 
vessel owner is an organization, the person having authority to vote and 
cast the ballot on the organization's behalf. Each ballot will contain a 
place for the person signing the ballot to print his or her name. NMFS 
will enclose with each ballot a specially-marked, postage-paid, pre-
addressed envelope that each voter shall use to return the ballot to 
NMFS;
    (3) Voter certification. Each ballot will contain a certification, 
subject to the penalties set forth in Sec. 600.1017, that the person 
signing the ballot is the fishing permit or fishing vessel owner to whom 
the ballot is addressed or, if the fishing permit or fishing vessel 
owner is an organization, the person having authority to vote and cast 
the ballot on the organization's behalf;
    (4) Information included on a ballot. Each ballot mailing will:
    (i) Summarize the referendum's nature and purpose,
    (ii) Specify the date by which NMFS must receive a ballot in order 
for the ballot to be counted as a qualified vote,
    (iii) Identify the place on the ballot for the voter to vote for or 
against the proposed industry fee system, the place on the ballot where 
the voter shall sign the ballot, and the purpose of the return envelope,
    (iv) For each pre-bidding referendum, state:
    (A) The fishing capacity reduction specifications,
    (B) The reduction loan's repayment term, and
    (C) The fee rate, or range of fee rates, prospectively necessary to 
amortize the reduction loan over the loan's term,
    (v) For each initial pre-bidding referendum that precedes reduction 
amendment adoption, state the reduction amendment specifications,
    (vi) For each initial pre-bidding referendum that follows reduction 
amendment adoption, summarize the material aspects of the reduction 
amendment adopted,
    (vii) For each second pre-bidding referendum, summarize how the 
adopted reduction amendment materially differs from the reduction 
amendment specifications upon which a successful initial pre-bidding 
referendum occurred and how this material difference affects the 
borrower's reduction investment in the program and the borrower's 
ability to repay the reduction loan,
    (viii) For each post-bidding referendum, specify the actual bidding 
results that do not conform to the fishing capacity reduction 
specifications, and
    (ix) State or include whatever else NMFS deems appropriate;
    (5) Enclosures to accompany a ballot. Each ballot mailing will 
include:
    (i) A specially-marked, postage-paid, and pre-addressed envelope 
that a voter must use to return the original of a ballot to NMFS by 
whatever means of delivery the voter chooses, and
    (ii) Such other materials as NMFS deems appropriate;
    (6) Vote qualification. A completed ballot qualifies to be counted 
as a vote if the ballot:
    (i) Is physically received by NMFS on or before the last day NMFS 
specifies for receipt of the ballot,
    (ii) Is cast for or against the proposed industry fee system,
    (iii) Is signed by the voter,
    (iv) Is the original ballot NMFS sent to the voter bearing the same 
5-digit number that NMFS assigned to the voter, and

[[Page 123]]

    (v) Was returned to NMFS in the specially-marked envelope that NMFS 
provided for the ballot's return;
    (6) Vote tally and notification. NMFS will:
    (i) Tally all ballots qualified to be counted as referendum votes,
    (ii) Notify, by U.S. mail at the address of record, all eligible 
voters who received ballots of:
    (A) The number of potential voters,
    (B) The number of actual voters who returned a ballot,
    (C) The number of returned ballots that qualified to be counted as 
referendum votes,
    (D) The number of votes for and the number of votes against the 
industry fee system, and
    (E) Whether the referendum was successful and approved the industry 
fee system or unsuccessful and disapproved the industry fee system, and
    (iii) If a successful referendum is a post-bidding referendum, NMFS 
will, at the same time and in the same manner, also notify the bidders 
whose bids were conditionally accepted that the condition pertaining to 
the reduction contracts between them and the United States is fulfilled;
    (7) Conclusiveness of referendum determinations. NMFS' 
determinations about ballot qualifications and about all other 
referendum matters, including, but not limited to, eligible voters and 
their addresses of record, are conclusive and final as of the date NMFS 
makes such determinations. No matter respecting such determinations 
shall impair, invalidate, avoid, or otherwise render unenforceable any 
referendum, reduction contract, reduction loan, or fee payment and 
collection obligation under Sec. 600.1013 and Sec. 600.1014 necessary to 
repay any reduction loan;
    (8) Ballot confidentiality. NMFS will not voluntarily release the 
name of any party who voted. NMFS will restrict the availability of all 
voter information to the maximum extent allowed by law; and
    (9) Conclusive authorization of industry fee system. Each successful 
referendum conclusively authorizes NMFS' imposition of an industry fee 
system--including the fee payment, collection, and other provisions 
regarding fee payment and collection under Sec. 600.1013 and 
Sec. 600.1014--to repay the reduction loan for each financed program 
that NMFS conducts under this subpart.



Sec. 600.1011  Reduction methods and other conditions.

    (a) Reduction permits or reduction permits and reduction vessels. 
Each program may involve either the surrender and revocation of 
reduction permits or both the surrender and revocation of reduction 
permits and the withdrawal from fishing either by title restriction or 
by scrapping of reduction vessels. No financed program may, however, 
require such title restriction or scrapping of reduction vessels unless 
the business plan voluntarily includes the same.
    (b) Reduction permit revocation and surrender. Each reduction permit 
is, upon NMFS' tender of the reduction payment for the reduction permit, 
forever revoked. Each reduction permit holder shall, upon NMFS' tender 
of the reduction payment, surrender the original reduction permit to 
NMFS. The reduction permit holder, upon NMFS' tender of the reduction 
payment, forever relinquishes any claim associated with the reduction 
permit and with the fishing vessel that was used to harvest fishery 
resources under the reduction permit that could qualify the reduction 
permit holder or the fishing vessel owner for any present or future 
limited access system fishing permit in the reduction fishery.
    (c) Reduction vessel title restriction or scrapping. For each 
program that involves reduction vessel title restriction or scrapping:
    (1) Each reduction vessel that is subject to title restriction only 
and is thus not required to be scrapped, is, upon NMFS' tender of the 
reduction payment, forever prohibited from any future use for fishing in 
any area subject to the jurisdiction of the United States or any State, 
territory, possession, or commonwealth of the United States. NMFS will 
request that the U.S. Coast Guard permanently restrict each such 
reduction vessel's title to exclude the reduction vessel's future use 
for fishing in any such area;
    (2) Each reduction vessel owner whose reduction vessel is required 
to be scrapped shall, upon NMFS' tender of the reduction payment, 
immediately

[[Page 124]]

cease all further use of the reduction vessel and arrange, without delay 
and at the reduction vessel owner's expense, to scrap the reduction 
vessel to NMFS' satisfaction, including adequate provision for NMFS to 
document the physical act of scrapping; and
    (3) Each reduction vessel owner, upon NMFS' tender of the reduction 
payment, forever relinquishes any claim associated with the reduction 
vessel and with the reduction permit that could qualify the reduction 
vessel owner or the reduction permit holder for any present or future 
limited access system fishing permit in the reduction fishery.
    (d) Fishing permits in a non-reduction fishery. A financed program 
that does not involve the withdrawal from fishing or scrapping of 
reduction vessels may not require any holder of a reduction permit in a 
reduction fishery to surrender any fishing permit in any non-reduction 
fishery or restrict or revoke any fishing permit other than a reduction 
permit in the reduction fishery, except those fishing permits 
authorizing the incidental harvesting of species in any non-reduction 
fishery during, and as a consequence of, directed fishing for species in 
the reduction fishery.
    (e) Reduction vessels disposition. Where a business plan requires 
the withdrawal from fishing of reduction vessels as well as the 
revocation of reduction permits: (1) Each reduction vessel that is not 
documented under Federal law must in every case always be scrapped, 
without regard to whether a program is a financed program or a 
subsidized program;
    (2) No financed program may require any disposition of a reduction 
vessel documented under Federal law other than the title restriction in 
paragraph (b) of this section unless the business plan volunteers to do 
otherwise; and
    (3) Any subsidized program may require the scrapping of reduction 
vessels documented under Federal law.
    (f) Reduction payments. NMFS will disburse all reduction payments in 
the amount and in the manner prescribed in reduction contracts, except 
reduction payments that a bidder's reduction-contract nonperformance 
prevents NMFS from disbursing. In financed programs, the reduction 
loan's principal amount is the total amount of all reduction payments 
that NMFS disburses from the proceeds of a reduction loan. Any reduction 
payment that NMFS, because of a bidder's reduction-contract 
nonperformance, disburses but subsequently recovers, shall reduce the 
principal amount of the reduction loan accordingly.
    (g) Effect of reduction-contract nonperformance. No referendum, no 
reduction contract, no reduction loan, and no fee payment and collection 
obligation under Sec. 600.1013 and Sec. 600.1014 necessary to repay any 
reduction loan, shall be impaired, invalidated, avoided, or otherwise 
rendered unenforceable by virtue of any reduction contract's 
nonperformance. This is without regard to the cause of, or reason for, 
nonperformance. NMFS shall endeavor to enforce the specific performance 
of all reduction contracts, but NMFS' inability, for any reason, to 
enforce specific performance for any portion of such reduction contracts 
shall not relieve fish sellers of their obligation to pay, and fish 
buyers of their obligation to collect, the fee necessary to fully repay 
the full reduction loan balance that results from all reduction payments 
that NMFS actually makes and does not recover.
    (h) Program completion. Other than the payment and collection of the 
fee that repays a reduction loan and any other residual matters 
regarding reduction payments and the disposition of reduction permits 
and reduction vessels, a program shall be completed when NMFS tenders or 
makes all reduction payments under all reduction contracts that 
circumstances, in NMFS' judgment, reasonably permit NMFS to make.



Sec. 600.1012  Reduction loan.

    (a) Obligation. The borrower shall be obligated to repay a reduction 
loan. The borrower's obligation to repay a reduction loan shall be 
discharged by fish sellers paying a fee in accordance with 
Sec. 600.1013. Fish buyers shall be obligated to collect the fee in 
accordance with Sec. 600.1013 and to deposit and disburse the fee 
revenue in accordance with Sec. 600.1014.

[[Page 125]]

    (b) Principal amount, interest rate, repayment term, and penalties 
for non-payment or non-collection. The reduction loan shall be:
    (1) In a principal amount that shall be determined by subsequent 
program events under this subpart, but which shall not exceed the 
maximum principal amount in the fishing capacity reduction 
specifications;
    (2) At an annual rate, that shall be determined by subsequent 
events, of simple interest on the reduction loan's principal balance 
that shall equal 2 percent plus the Treasury percentage;
    (3) Repayable over the repayment term specified in the business plan 
or otherwise determined by subsequent events; and
    (4) Subject to such provisions as implementation regulations shall 
specify for the payment of costs and penalties for non-payment, non-
collection, non-deposit, and/or non-disbursement in accordance with 
Sec. 600.1013 and Sec. 600.1014.
    (c) Effect of prospective interest rate. Any difference between a 
prospective interest rate projected, for the purpose of any aspect of 
reduction planning or processing under this subpart, before the U.S. 
Treasury determines the Treasury percentage and an interest rate first 
known after the U.S. Treasury determines the Treasury percentage shall 
not void, invalidate, or otherwise impair any reduction contract, any 
reduction loan repayment obligation, or any other aspect of the 
reduction process under this subpart. Should any such difference result 
in a reduction loan that cannot, at the maximum fee rate allowed by law, 
be repaid, as previously projected, within the maximum maturity, any 
amount of the reduction loan remaining unpaid at maturity shall be 
repaid after maturity by continuing fee payment and collection under 
this subpart at such maximum fee rate until the reduction loan's unpaid 
principal balance and accrued interest is fully repaid. The above 
notwithstanding, at the discretion of the Secretary, the reduction 
contract can be voided if a material adverse change affects the 
reduction contract, reduction loan obligation, or any other aspect of 
the reduction process under this subpart.



Sec. 600.1013  Fee payment and collection.

    (a) Amount. The fee amount is the delivery value times the fee rate.
    (b) Rate. NMFS will establish the fee rate. The fee rate may not 
exceed 5 percent of the delivery value. NMFS will establish the initial 
fee rate by calculating the fee revenue annually required to amortize a 
reduction loan over the reduction loan's term, projecting the annual 
delivery value, and expressing such fee revenue as a percentage of such 
delivery value. Before each anniversary of the initial fee rate 
determination, NMFS will recalculate the fee rate reasonably required to 
ensure reduction loan repayment. This will include any changed delivery 
value projections and any adjustment required to correct for previous 
delivery values higher or lower than projected.
    (c) Payment and collection. (1) The full fee is due and payable at 
the time of fish delivery. Each fish buyer shall collect the fee at the 
time of fish delivery by deducting the fee from the delivery value 
before paying, or promising to pay, the net delivery value. Each fish 
seller shall pay the fee at the time of fish delivery by receiving from 
the fish buyer the net delivery value, or the fish buyer's promise to 
pay the net delivery value, rather than the delivery value. Regardless 
of when the fish buyer pays the net delivery value, the fish buyer shall 
collect the fee at the time of fish delivery;
    (2) In the event of any post-delivery payment for fee fish-- 
including, but not limited to bonuses--whose amount depends on 
conditions that cannot be known until after fish delivery, that either 
first determines the delivery value or later increases the previous 
delivery value, the fish seller shall pay, and the fish buyer shall 
collect, at the time the amount of such post-delivery payment first 
becomes known, the fee that would otherwise have been due and payable as 
if the amount of the post-delivery payment had been known, and as if the 
post-delivery payment had consequently occurred, at the time of initial 
fish delivery;
    (3)(i) Each fish seller shall be deemed to be, for the purpose of 
the fee collection, deposit, disbursement, and accounting requirements 
of this subpart, both the fish seller and the fish buyer,

[[Page 126]]

and shall be responsible for all requirements and liable for any 
penalties under this subpart applicable to fish sellers and/or fish 
buyers, each time that a fish seller sells fee fish to:
    (A) Any party whose place of business is not located in the United 
States, who does not take delivery or possession of the fee fish in the 
United States, who is not otherwise subject to this subpart, or to whom 
or against whom NMFS cannot otherwise apply or enforce this subpart,
    (B) Any party who is a general food-service wholesaler or supplier, 
a restaurant, a retailer, a consumer, some other type of end-user, or 
some other party not engaged in the business of buying fish from fish 
sellers for the purpose of reselling the fish, either with or without 
processing the fish, or
    (C) Any other party who the fish seller has good reason to believe 
is a party not subject to this subpart or to whom or against whom NMFS 
cannot otherwise apply or enforce this subpart,
    (ii) In each such case the fish seller shall, with respect to the 
fee fish involved in each such case, discharge, in addition to the fee 
payment requirements of this subpart, all the fee collection, deposit, 
disbursement, accounting, record keeping, and reporting requirements 
that this subpart otherwise imposes on the fish buyer, and the fish 
seller shall be subject to all the penalties this subpart provides for a 
fish buyer's failure to discharge such requirements;
    (4) Fee payment begins on the date NMFS specifies under the 
notification procedures of paragraph (d) of this section and continues 
without interruption at the fee rates NMFS specifies in accordance this 
subpart until NMFS determines that the reduction loan is fully repaid. 
If a reduction loan is, for any reason, not fully repaid at the maturity 
of the reduction loan's original amortization period, fee payment and 
collection shall continue until the reduction loan is fully repaid, 
notwithstanding that the time required to fully repay the reduction loan 
exceeds the reduction loan's initially permissible maturity.
    (d) Notification. (1) At least 30 days before the effective date of 
any fee or of any fee rate change, NMFS will publish a Federal Register 
notice establishing the date from and after which the fee or fee rate 
change is effective. NMFS will then also send, by U.S. mail, an 
appropriate notification to each affected fish seller and fish buyer of 
whom NMFS has notice;
    (2) When NMFS determines that a reduction loan is fully repaid, NMFS 
will publish a Federal Register notice that the fee is no longer in 
effect and should no longer be either paid or collected. NMFS will then 
also send, by U.S. mail, notification to each affected fish seller and 
fish buyer of whom NMFS has knowledge;
    (3) If NMFS fails to notify a fish seller or a fish buyer by U.S. 
mail, or if the fish seller or fish buyer otherwise does not receive the 
notice, of the date fee payments start or of the fee rate in effect, 
each fish seller is, nevertheless, obligated to pay the fee at the fee 
rate in effect and each fish buyer is, nevertheless, obligated to 
collect the fee at the fee rate in effect.
    (e) Failure to pay or collect. (1) If a fish buyer refuses to 
collect the fee in the amount and manner that this subpart requires, the 
fish seller shall then advise the fish buyer of the fish seller's fee 
payment obligation and of the fish buyer's fee collection obligation. If 
the fish buyer still refuses to properly collect the fee, the fish 
seller, within the next 7 calendar days, shall forward the fee to NMFS. 
The fish seller at the same time shall also advise NMFS in writing of 
the full particulars, including:
    (i) The fish buyer's and fish seller's name, address, and telephone 
number,
    (ii) The name of the fishing vessel from which the fish seller made 
fish delivery and the date of doing so,
    (iii) The quantity and delivery value of each species of fee fish 
that the fish seller delivered, and
    (iv) The fish buyer's reason, if known, for refusing to collect the 
fee in accordance with this subpart;
    (2) If a fish seller refuses to pay the fee in the amount and manner 
that this subpart requires, the fish buyer shall then advise the fish 
seller of the fish buyer's collection obligation and of the fish 
seller's payment obligation. If the fish seller still refuses to pay the 
fee, the fish buyer shall then either deduct

[[Page 127]]

the fee from the delivery value over the fish seller's protest or refuse 
to buy the fee fish. The fish buyer shall also, within the next 7 
calendar days, advise NMFS in writing of the full particulars, 
including:
    (i) The fish buyer's and fish seller's name, address, and telephone 
number,
    (ii) The name of the fishing vessel from which the fish seller made 
or attempted to make fish delivery and the date of doing so,
    (iii) The quantity and delivery value of each species of fee fish 
the fish seller delivered or attempted to deliver,
    (iv) Whether the fish buyer deducted the fee over the fish seller's 
protest or refused to buy the fee fish, and
    (v) The fish seller's reason, if known, for refusing to pay the fee 
in accordance with this subpart.
    (f) Implementation regulations at variance with this section. If any 
special circumstances in a reduction fishery require, in NMFS's 
judgment, fee payment and/or collection provisions in addition to, or 
different from, those in this section in order to accommodate the 
circumstances of, and practices in, a reduction fishery while still 
fulfilling the intent and purpose of this section, NMFS may, 
notwithstanding this section, include such provisions in the 
implementation regulations for such reduction fishery.



Sec. 600.1014  Fee collection deposits, disbursements, records, and reports.

    (a) Deposit accounts. Each fish buyer that this subpart requires to 
collect a fee shall maintain a segregated account at a federally insured 
financial institution for the sole purpose of depositing collected fee 
revenue and disbursing the fee revenue directly to NMFS in accordance 
with paragraph (c) of this section.
    (b) Fee collection deposits. Each fish buyer, no less frequently 
than at the end of each business week, shall deposit, in the deposit 
account established under paragraph (a) of this section, all fee 
revenue, not previously deposited, that the fish buyer collects through 
a date not more than two calendar days before the date of deposit. 
Neither the deposit account nor the principal amount of deposits in the 
account may be pledged, assigned, or used for any purpose other than 
aggregating collected fee revenue for disbursement to the Fund in 
accordance with paragraph (c) of this section. The fish buyer is 
entitled, at any time, to withdraw deposit interest, if any, but never 
deposit principal, from the deposit account for the fish buyer's own use 
and purposes.
    (c) Deposit principal disbursement. On the last business day of each 
month, or more frequently if the amount in the account exceeds the 
account limit for insurance purposes, the fish buyer shall disburse to 
NMFS the full amount of deposit principal then in the deposit account. 
The fish buyer shall do this by check made payable to the Fund 
subaccount to which the deposit principal relates. The fish buyer shall 
mail each such check to the Fund subaccount lockbox that NMFS 
establishes for the receipt of the disbursements for each program. Each 
disbursement shall be accompanied by the fish buyer's settlement sheet 
completed in the manner and form that NMFS specifies. NMFS will specify 
the Fund subaccount lockbox and the manner and form of settlement sheet 
by means of the notification in Sec. 600.1013(d).
    (d) Records maintenance. Each fish buyer shall maintain, in a secure 
and orderly manner for a period of at least 3 years from the date of 
each transaction involved, at least the following information:
    (1) For all deliveries of fee fish that the fish buyer buys from 
each fish seller:
    (i) The date of delivery,
    (ii) The seller's identity,
    (iii) The weight, number, or volume of each species of fee fish 
delivered,
    (iv) The identity of the fishing vessel that delivered the fee fish,
    (v) The delivery value of each species of fee fish,
    (vi) The net delivery value,
    (vii) The identity of the party to whom the net delivery value is 
paid, if other than the fish seller,
    (viii) The date the net delivery value was paid, and
    (ix) The total fee amount collected;
    (2) For all fee collection deposits to and disbursements from the 
deposit account:

[[Page 128]]

    (i) The dates and amounts of deposits,
    (ii) The dates and amounts of disbursements to the Fund's lockbox 
account, and
    (iii) The dates and amounts of disbursements to the fish buyer or 
other parties of interest earned on deposits.
    (e) Annual report. In each year, on the date to be specified in each 
implementation regulation, succeeding the year during which NMFS first 
implemented a fee, each fish buyer shall submit to NMFS a report, on or 
in the form NMFS specifies, containing the following information for the 
preceding year, or whatever longer period may be involved in the first 
annual report, for all fee fish each fish buyer purchases from fish 
sellers: (1) Total weight, number, or volume bought;
    (2) Total delivery value paid;
    (3) Total fee amounts collected;
    (4) Total fee collection amounts deposited by month;
    (5) Dates and amounts of monthly disbursements to each Fund lockbox 
account;
    (6) Total amount of interest earned on deposits; and
    (7) Depository account balance at year-end.
    (f) State records. If landing records that a state requires from 
fish sellers contain some or all of the data that this section requires 
and state confidentiality laws or regulations do not prevent NMFS' 
access to the records maintained for the state, then fish buyers can use 
such records to meet appropriate portions of this section's 
recordkeeping requirements. If, however, state confidentiality laws or 
regulations make such records unavailable to NMFS, then fish buyers 
shall maintain separate records for NMFS that meet the requirements of 
this section. If any state law or regulation prohibits fish buyers, or 
fish sellers where appropriate, from keeping, for the purpose of 
complying with any requirement of this section, separate records that 
involve some or all of the same data elements as the landing records 
that the fish buyers also keep, for state purposes and under state law 
or regulation, then a financed reduction program will not be possible.
    (g) Audits. NMFS or its agents may audit, in whatever manner NMFS 
believes reasonably necessary for the duly diligent administration of 
reduction loans, the financial records of fish buyers and fish sellers 
in each reduction fishery in order to ensure proper fee payment, 
collection, deposit, disbursement, accounting, record keeping, and 
reporting. Fish buyers and fish sellers shall make all records of all 
program transactions involving post-reduction fish harvests, fish 
deliveries, and fee payments, collections, deposits, disbursements, 
accounting, record keeping, and reporting available to NMFS or NMFS' 
agents at reasonable times and places and promptly provide all requested 
information reasonably related to these records that such fish sellers 
and fish buyers may otherwise lawfully provide. Trip tickets (or similar 
accounting records establishing the pounds of fee fish that each fish 
buyer buys from each fish seller each time that each fish buyer does so 
and each price that each fish buyer then pays to each fish seller for 
the fee fish) are essential audit documentation.
    (h) Confidentiality of records. NMFS and NMFS' auditing agents shall 
maintain the confidentiality of all data to which NMFS has access under 
this section and shall neither release the data nor allow the data's use 
for any purpose other than the purpose of this subpart; provided, 
however, that NMFS may aggregate such data so as to preclude their 
identification with any fish buyer or any fish seller and use them in 
the aggregate for other purposes).
    (i) Refunds. When NMFS determines that a reduction loan is fully 
repaid, NMFS will refund any excess fee receipts, on a last-in/first-out 
basis, to the fish buyers. Fish buyers shall return the refunds, on a 
last-in/first-out basis, to the fish sellers who paid the amounts 
refunded.
    (j) Implementation regulations at variance with this section. If any 
special circumstances in a reduction fishery require, in NMFS's 
judgment, fee collection deposit, disbursement, or records provisions in 
addition to, or different from, those in this section in order to 
accommodate the circumstances of, and practices in, a reduction fishery

[[Page 129]]

while still fulfilling the intent and purpose of this section, NMFS may, 
notwithstanding this section, include such provisions in the 
implementation regulations for such reduction fishery.



Sec. 600.1015  Late charges.

    The late charge to fish buyers for fee payment, collection, deposit, 
and/or disbursement shall be one and one-half (1.5) percent per month, 
or the maximum rate permitted by state law, for the total amount of the 
fee not paid, collected, deposited, and/or disbursed when due to be 
paid, collected, deposited, and/or disbursed. The full late charge shall 
apply to the fee for each month or portion of a month that the fee 
remains unpaid, uncollected, undeposited, and/or undisbursed.



Sec. 600.1016  Enforcement.

    In accordance with applicable law or other authority, NMFS may take 
appropriate action against each fish seller and/or fish buyer 
responsible for non-payment, non-collection, non-deposit, and/or non-
disbursement of the fee in accordance with this subpart to enforce the 
collection from such fish seller and/or fish buyer of any fee (including 
penalties and all costs of collection) due and owing the United States 
on account of the loan that such fish seller and/or fish buyer should 
have, but did not, pay, collect, deposit, and/or disburse in accordance 
with this subpart. All such loan recoveries shall be applied to reduce 
the unpaid balance of the loan.



Sec. 600.1017  Prohibitions and penalties.

    (a) The following activities are prohibited, and it is unlawful for 
any party to:
    (1) Vote in any referendum under this subpart if the party is 
ineligible to do so;
    (2) Vote more than once in any referendum under this subpart;
    (3) Sign or otherwise cast a ballot on behalf of a voter in any 
referendum under this subpart unless the voter has fully authorized the 
party to do so and doing so otherwise comports with this subpart;
    (4) Interfere with or attempt to hinder, delay, buy, or otherwise 
unduly or unlawfully influence any eligible voter's vote in any 
referendum under this subpart;
    (5) Submit a fraudulent, unauthorized, incomplete, misleading, 
unenforceable by specific performance, or inaccurate bid in response to 
an invitation to bid under this subpart or, in any other way, interfere 
with or attempt to interfere with, hinder, or delay, any invitation to 
bid, any bid submitted under any invitation to bid, any reduction 
contract, or any other reduction process in connection with any 
invitation to bid;
    (6) Revoke or attempt to revoke any bid under this subpart;
    (7) Fail to comply with the terms and conditions of any invitation 
to bid, bid, or reduction contract under this subpart, including NMFS' 
right under such reduction contracts to specific performance;
    (8) Fail to fully and properly pay and collect any fee due payable, 
and collectible under this subpart or otherwise avoid, decrease, 
interfere with, hinder, or delay any such payment and collection,
    (9) Convert, or otherwise use for any purpose other than the purpose 
this subpart intends, any paid or collected fee;
    (10) Fail to fully and properly deposit on time the full amount of 
all fee revenue collected under this subpart into a deposit account and 
disburse the full amount of all deposit principal to the Fund's lockbox 
account--all as this subpart requires;
    (11) Fail to maintain full, timely, and proper fee payment, 
collection, deposit, and/or disbursement records or make full, timely, 
and proper reports of such information to NMFS--all as this subpart 
requires;
    (12) Fail to advise NMFS of any fish seller's refusal to pay, or of 
any fish buyer's refusal to collect, any fee due and payable under this 
subpart;
    (13) Refuse to allow NMFS or agents that NMFS designates to review 
and audit at reasonable times all books and records reasonably pertinent 
to fee payment, collection, deposit, disbursement, and accounting under 
this subpart or otherwise interfere with, hinder, or delay NMFS or it 
agents in the course of their activities under this subpart;

[[Page 130]]

    (14) Make false statements to NMFS, any of the NMFS' employees, or 
any of NMFS' agents about any of the matters in this subpart;
    (15) Obstruct, prevent, or unreasonably delay or attempt to 
obstruct, prevent, or unreasonably delay any audit or investigation NMFS 
or its agents conduct, or attempt to conduct, in connection with any of 
the matters in this subpart; and/or
    (16) Otherwise materially interfere with the efficient and effective 
conduct of reduction and the repayment of reduction loans under this 
subpart.
    (b) Any party who violates one or more of the prohibitions of 
paragraph (a) of this section is subject to the full range of penalties 
the Magnuson-Stevens Act and 15 CFR part 904 provide-- including, but 
not limited to: civil penalties, sanctions, forfeitures, and punishment 
for criminal offenses--and to the full penalties and punishments 
otherwise provided by any other applicable law of the United States.
    (c) Additionally, NMFS may take any and all appropriate actions, 
including the communication of action at law, against each party 
responsible for the non-payment, non-collection, non-deposit, and/or 
non-disbursement in accordance with Sec. 600.1013 and/or Sec. 600.1014 
to enforce the United States' receipt from such party of any fee--
including penalties and all costs of collection--due and owing the 
United States on account of the reduction loan that such party should 
have, but did not, pay, collect, deposit, and/or disburse in accordance 
with Sec. 600.1013 and/or Sec. 600.1014. All such reduction loan 
recoveries shall be applied to reduce the unpaid balances of reduction 
loans.



Sec. 600.1018  Implementation regulations for each program. [Reserved]



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




                      Subpart A--General Provisions

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

                      Subpart B--Effort Limitations

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

                     Subpart C--Management Measures

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

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

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

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



                      Subpart A--General Provisions



Sec. 622.1  Purpose and scope.

    (a) The purpose of this part is to implement the FMPs prepared under 
the Magnuson Act by the CFMC, GMFMC, and/or SAFMC listed in Table 1 of 
this section.
    (b) This part governs conservation and management of species 
included in the FMPs in or from the Caribbean, Gulf, Mid-Atlantic, or 
South Atlantic

[[Page 131]]

EEZ, as indicated in Table 1 of this section. For the FMPs noted in the 
following table, conservation and management extends to adjoining state 
waters for the purposes of data collection and monitoring.

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

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



Sec. 622.2  Definitions and acronyms.

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

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

    Aquacultured live rock means live rock that is harvested under a 
Federal aquacultured live rock permit, as required under 
Sec. 622.4(a)(3)(iii).
    Authorized statistical reporting agent means:
    (1) Any person so designated by the SRD; or
    (2) Any person so designated by the head of any Federal or State 
agency that has entered into an agreement with the Assistant 
Administrator to collect fishery data.

[[Page 132]]

    Automatic reel means a reel that remains attached to a vessel when 
in use from which a line and attached hook(s) are deployed. The line is 
payed out from and retrieved on the reel electrically or hydraulically.
    Bandit gear means a rod and reel that remain attached to a vessel 
when in use from which a line and attached hook(s) are deployed. The 
line is payed out from and retrieved on the reel manually, electrically, 
or hydraulically.
    BRD means bycatch reduction device.
    Buoy gear means fishing gear consisting of a float and one or more 
weighted lines suspended therefrom, generally long enough to reach the 
bottom. A hook or hooks (usually 6 to 10) are on the lines at or near 
the end. The float and line(s) drift freely and are retrieved 
periodically to remove catch and rebait hooks.
    Carapace length means the straight-line distance from the orbital 
notch inside the orbital spine, in a line parallel to the lateral 
rostral sulcus, to the posterior margin of the cephalothorax. (See 
Figure 1 in Appendix C of this part.)
    Caribbean means the Caribbean Sea around Puerto Rico and the U.S. 
Virgin Islands.
    Caribbean conch resource means one or more of the following species, 
or a part thereof:
    (1) Atlantic triton's trumpet, Charonia variegata.
    (2) Cameo helmet, Cassis madagascarensis.
    (3) Caribbean helmet, Cassis tuberosa.
    (4) Caribbean vase, Vasum muricatum.
    (5) Flame helmet, Cassis flammea.
    (6) Green star shell, Astrea tuber.
    (7) Hawkwing conch, Strombus raninus.
    (8) Milk conch, Strombus costatus.
    (9) Queen conch, Strombus gigus.
    (10) Roostertail conch, Strombus gallus.
    (11) True tulip, Fasciolaria tulipa.
    (12) West Indian fighting conch, Strombus pugilis.
    (13) Whelk (West Indian top shell), Cittarium pica.
    Caribbean coral reef resource means one or more of the species, or a 
part thereof, listed in Table 1 in Appendix A of this part, whether 
living or dead.
    Caribbean prohibited coral means, in the Caribbean; a gorgonian, 
that is, a Caribbean coral reef resource of the Class Anthozoa, Subclass 
Octocorallia, Order Gorgonacea; a live rock; or a stony coral, that is, 
a Caribbean coral reef resource of the Class Hydrozoa (fire corals and 
hydrocorals) or of the Class Anthozoa, Subclass Hexacorallia, Orders 
Scleractinia (stony corals) and Antipatharia (black corals); or a part 
thereof.
    Caribbean reef fish means one or more of the species, or a part 
thereof, listed in Table 2 in Appendix A of this part.
    Caribbean spiny lobster means the species Panulirus argus, or a part 
thereof.
    CFMC means the Caribbean Fishery Management Council.
    Charter vessel means a vessel less than 100 gross tons (90.8 mt) 
that meets the requirements of the USCG to carry six or fewer passengers 
for hire and that engages in charter fishing at any time during the 
calendar year. A charter vessel with a commercial permit, as required 
under Sec. 622.4(a)(2), is considered to be operating as a charter 
vessel when it carries a passenger who pays a fee or when there are more 
than three persons aboard, including operator and crew.
    Coastal migratory pelagic fish means one or more of the following 
species, or a part thereof:
    (1) Bluefish, Pomatomus saltatrix (Gulf of Mexico only).
    (2) Cero, Scomberomorus regalis.
    (3) Cobia, Rachycentron canadum.
    (4) Dolphin, Coryphaena hippurus
    (5) King mackerel, Scomberomorus cavalla.
    (6) Little tunny, Euthynnus alletteratus.
    (7) Spanish mackerel, Scomberomorus maculatus.
    Coral area means marine habitat in the Gulf or South Atlantic EEZ 
where coral growth abounds, including patch reefs, outer bank reefs, 
deep water banks, and hard bottoms.
    Dealer, in addition to the definition specified in Sec. 600.10 of 
this chapter, means the person who first receives rock shrimp harvested 
from the EEZ upon transfer ashore.
    Drift gillnet, for the purposes of this part, means a gillnet, other 
than a long gillnet or a run-around gillnet, that is

[[Page 133]]

unattached to the ocean bottom, regardless of whether attached to a 
vessel.
    Fish trap means--
    (1) In the Caribbean EEZ, a trap and its component parts (including 
the lines and buoys), regardless of the construction material, used for 
or capable of taking finfish.
    (2) In the Gulf EEZ, a trap and its component parts (including the 
lines and buoys), regardless of the construction material, used for or 
capable of taking finfish, except a trap historically used in the 
directed fishery for crustaceans (that is, blue crab, stone crab, and 
spiny lobster).
    (3) In the South Atlantic EEZ, a trap and its component parts 
(including the lines and buoys), regardless of the construction 
material, used for or capable of taking fish, except a sea bass pot, a 
golden crab trap, or a crustacean trap (that is, a type of trap 
historically used in the directed fishery for blue crab, stone crab, red 
crab, jonah crab, or spiny lobster and that contains at any time not 
more than 25 percent, by number, of fish other than blue crab, stone 
crab, red crab, jonah crab, and spiny lobster).
    Fork length means the straight-line distance from the tip of the 
head (snout) to the rear center edge of the tail (caudal fin). (See 
Figure 2 in Appendix C of this part.)
    Golden crab means the species Chaceon fenneri, or a part thereof.
    Golden crab trap means any trap used or possessed in association 
with a directed fishery for golden crab in the South Atlantic EEZ, 
including any trap that contains a golden crab in or from the South 
Atlantic EEZ or any trap on board a vessel that possesses golden crab in 
or from the South Atlantic EEZ.
    GMFMC means the Gulf of Mexico Fishery Management Council.
    Gulf means the Gulf of Mexico. The line of demarcation between the 
Atlantic Ocean and the Gulf of Mexico is specified in Sec. 600.105(c) of 
this chapter.
    Gulf reef fish means one or more of the species, or a part thereof, 
listed in Table 3 in Appendix A of this part.
    Gulf and South Atlantic prohibited coral means, in the Gulf and 
South Atlantic, one or more of the following, or a part thereof:
    (1) Coral belonging to the Class Hydrozoa (fire corals and 
hydrocorals).
    (2) Coral belonging to the Class Anthozoa, Subclass Hexacorallia, 
Orders Scleractinia (stony corals) and Antipatharia (black corals).
    (3) A seafan, Gorgonia flabellum or G. ventalina.
    (4) Coral in a coral reef, except for allowable octocoral.
    (5) Coral in an HAPC, including allowable octocoral.
    Handline means a line with attached hook(s) that is tended directly 
by hand.
    HAPC means habitat area of particular concern.
    Headboat means a vessel that holds a valid Certificate of Inspection 
issued by the USCG to carry passengers for hire. A headboat with a 
commercial vessel permit, as required under Sec. 622.4(a)(2), is 
considered to be operating as a headboat when it carries a passenger who 
pays a fee or--
    (1) In the case of persons aboard fishing for or possessing South 
Atlantic snapper-grouper, when there are more persons aboard than the 
number of crew specified in the vessel's Certificate of Inspection; or
    (2) In the case of persons aboard fishing for or possessing coastal 
migratory pelagic fish or Gulf reef fish, when there are more than three 
persons aboard, including operator and crew.
    Headrope length means the distance, measured along the forwardmost 
webbing of a trawl net, between the points at which the upper lip (top 
edge) of the mouth of the net are attached to sleds, doors, or other 
devices that spread the net.
    Hook-and-line gear means automatic reel, bandit gear, buoy gear, 
handline, longline, and rod and reel.
    Live rock means living marine organisms, or an assemblage thereof, 
attached to a hard substrate, including dead coral or rock (excluding 
individual mollusk shells).
    Long gillnet means a gillnet that has a float line that is more than 
1,000 yd (914 m) in length.
     Longline means a line that is deployed horizontally to which 
gangions and hooks are attached. A longline

[[Page 134]]

may be a bottom longline, i.e., designed for use on the bottom, or a 
pelagic longline, i.e., designed for use off the bottom. The longline 
hauler may be manually, electrically, or hydraulically operated.
    MAFMC means the Mid-Atlantic Fishery Management Council.
    Mid-Atlantic means the Atlantic Ocean off the Atlantic coastal 
states from the boundary between the New England Fishery Management 
Council and the MAFMC, as specified in Sec. 600.105(a) of this chapter, 
to the boundary between the MAFMC and the SAFMC, as specified in 
Sec. 600.105(b) of this chapter.
    Migratory group, for king and Spanish mackerel, means a group of 
fish that may or may not be a separate genetic stock, but that is 
treated as a separate stock for management purposes. King and Spanish 
mackerel are divided into migratory groups--the Atlantic migratory group 
and the Gulf migratory group. The boundaries between these groups are as 
follows:
    (1) King mackerel--(i) Summer separation. From April 1 through 
October 31, the boundary separating the Gulf and Atlantic migratory 
groups of king mackerel is 25 deg.48' N. lat., which is a line directly 
west from the Monroe/Collier County, FL, boundary to the outer limit of 
the EEZ.
    (ii) Winter separation. From November 1 through March 31, the 
boundary separating the Gulf and Atlantic migratory groups of king 
mackerel is 29 deg.25' N. lat., which is a line directly east from the 
Volusia/Flagler County, FL, boundary to the outer limit of the EEZ.
    (2) Spanish mackerel. The boundary separating the Gulf and Atlantic 
migratory groups of Spanish mackerel is 25 deg.20.4' N. lat., which is a 
line directly east from the Miami-Dade/Monroe County, FL, boundary to 
the outer limit of the EEZ.
    Off Florida means the waters in the Gulf and South Atlantic from 
30 deg.42'45.6" N. lat., which is a line directly east from the seaward 
terminus of the Georgia/Florida boundary, to 87 deg.31'06" W. long., 
which is a line directly south from the Alabama/Florida boundary.
    Off Georgia means the waters in the South Atlantic from a line 
extending in a direction of 104 deg. from true north from the seaward 
terminus of the South Carolina/Georgia boundary to 30 deg.42'45.6" N. 
lat., which is a line directly east from the seaward terminus of the 
Georgia/Florida boundary.
    Official sunrise or official sunset means the time of sunrise or 
sunset as determined for the date and location in The Nautical Almanac, 
prepared by the U.S. Naval Observatory.
    Off Louisiana, Mississippi, and Alabama means the waters in the Gulf 
other than off Florida and off Texas.
    Off North Carolina means the waters in the South Atlantic from 
36 deg.34'55" N. lat., which is a line directly east from the Virginia/
North Carolina boundary, to a line extending in a direction of 
135 deg.34'55" from true north from the North Carolina/South Carolina 
boundary, as marked by the border station on Bird Island at 
33 deg.51'07.9" N. lat., 78 deg.32'32.6" W. long.
    Off South Carolina means the waters in the South Atlantic from a 
line extending in a direction of 135 deg.34'55" from true north from the 
North Carolina/South Carolina boundary, as marked by the border station 
on Bird Island at 33 deg.51'07.9" N. lat., 78'32'32.6" W. long., to a 
line extending in a direction of 104 deg. from true north from the 
seaward terminus of the South Carolina/Georgia boundary.
    Off Texas means the waters in the Gulf west of a rhumb line from 
29 deg.32.1' N. lat., 93 deg.47.7' W. long. to 26 deg.11.4' N. lat., 
92 deg.53' W. long., which line is an extension of the boundary between 
Louisiana and Texas.
    Penaeid shrimp trawler means any vessel that is equipped with one or 
more trawl nets whose on-board or landed catch of brown, pink, or white 
shrimp (penaeid shrimp) is more than 1 percent, by weight, of all fish 
comprising its on-board or landed catch.
    Powerhead means any device with an explosive charge, usually 
attached to a speargun, spear, pole, or stick, that fires a projectile 
upon contact.
    Processor means a person who processes fish or fish products, or 
parts thereof, for commercial use or consumption.
    Purchase means the act or activity of buying, trading, or bartering, 
or attempting to buy, trade, or barter.

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    Red drum, also called redfish, means Sciaenops ocellatus, or a part 
thereof.
    Red snapper means Lutjanus campechanus, or a part thereof, one of 
the Gulf reef fish species.
    Regional Administrator (RA), for the purposes of this part, means 
the Administrator, Southeast Region, NMFS, 9721 Executive Center Drive 
N., St. Petersburg, FL 33702, or a designee.
    Rod and reel means a rod and reel unit that is not attached to a 
vessel, or, if attached, is readily removable, from which a line and 
attached hook(s) are deployed. The line is payed out from and retrieved 
on the reel manually, electrically, or hydraulically.
     Run-around gillnet means a gillnet, other than a long gillnet, 
that, when used, encloses an area of water.
    SAFMC means the South Atlantic Fishery Management Council.
    Sale or sell means the act or activity of transferring property for 
money or credit, trading, or bartering, or attempting to so transfer, 
trade, or barter.
    Science and Research Director (SRD), for the purposes of this part, 
means the Science and Research Director, Southeast Fisheries Science 
Center, NMFS (see Table 1 of Sec. 600.502 of this chapter).
    Sea bass pot means a trap has six rectangular sides and does not 
exceed 25 inches (63.5 cm) in height, width, or depth.
    Shrimp means one or more of the following species, or a part 
thereof:
    (1) Brown shrimp, Penaeus aztecus.
    (2) Pink shrimp, Penaeus duorarum.
    (3) Rock shrimp, Sicyonia brevirostris.
    (4) Royal red shrimp, Pleoticus robustus.
    (5) Seabob shrimp, Xiphopenaeus kroyeri.
    (6) White shrimp, Penaeus setiferus.
    Shrimp trawler means any vessel that is equipped with one or more 
trawl nets whose on-board or landed catch of shrimp is more than 1 
percent, by weight, of all fish comprising its on-board or landed catch.
    SMZ means special management zone.
    South Atlantic means the Atlantic Ocean off the Atlantic coastal 
states from the boundary between the MAFMC and the SAFMC, as specified 
in Sec. 600.105(b) of this chapter, to the line of demarcation between 
the Atlantic Ocean and the Gulf of Mexico, as specified in 
Sec. 600.105(c) of this chapter.
    South Atlantic snapper-grouper means one or more of the species, or 
a part thereof, listed in Table 4 in Appendix A of this part.
    Stab net means a gillnet, other than a long gillnet, or trammel net 
whose weight line sinks to the bottom and submerges the float line.
    Total length (TL), for the purposes of this part, means the 
straight-line distance from the tip of the snout to the tip of the tail 
(caudal fin), excluding any caudal filament, while the fish is lying on 
its side. The mouth of the fish may be closed and/or the tail may be 
squeezed together to give the greatest overall measurement. (See Figure 
2 in Appendix C of this part.)
    Toxic chemical means any substance, other than an allowable 
chemical, that, when introduced into the water, can stun, immobilize, or 
take marine life.
    Trammel net means two or more panels of netting, suspended 
vertically in the water by a common float line and a common weight line, 
with one panel having a larger mesh size than the other(s), to entrap 
fish in a pocket of netting.
    Trip means a fishing trip, regardless of number of days duration, 
that begins with departure from a dock, berth, beach, seawall, or ramp 
and that terminates with return to a dock, berth, beach, seawall, or 
ramp.
    Try net, also called test net, means a net pulled for brief periods 
by a shrimp trawler to test for shrimp concentrations or determine 
fishing conditions (e.g., presence or absence of bottom debris, 
jellyfish, bycatch, seagrasses).
    Wild live rock means live rock other than aquacultured live rock.
    Wreckfish means the species Polyprion americanus, or a part thereof, 
one of the South Atlantic snapper-grouper species.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 
FR 47448, Sept. 9, 1996; 61 FR 65483, Dec. 13, 1996; 62 FR 18539, Apr. 
16, 1997; 63 FR 10565, Mar. 4, 1998; 63 FR 18144, Apr. 14, 1998; 64 FR 
59125, Nov. 2, 1999; 65 FR 52957, Aug. 31, 2000]

[[Page 136]]



Sec. 622.3  Relation to other laws and regulations.

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



Sec. 622.4  Permits and fees.

    (a) Permits required. To conduct activities in fisheries governed in 
this part, valid permits, licenses, and endorsements are required as 
follows:
    (1) Charter vessel/headboat permits. For a person aboard a vessel 
that is operating as a charter vessel or headboat to fish for or possess 
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic 
snapper-grouper in or from the EEZ, a charter vessel/headboat permit for 
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic 
snapper-grouper, respectively, must have been issued to the vessel and 
must be on board. A charter vessel or headboat may have both a charter 
vessel/headboat permit and a commercial vessel permit. However, when a 
vessel is operating as a charter vessel or headboat, a person aboard 
must adhere to the bag limits.
    (2) Commercial vessel permits, licenses, and endorsements--(i) Fish 
traps in the Gulf. For a person to possess or use a fish trap in the EEZ 
in the Gulf of Mexico, a commercial vessel permit for Gulf reef fish 
with a fish trap endorsement must have been issued to the vessel and 
must be on board. See paragraph (n) of this section regarding fish trap 
endorsements.
    (ii) Gillnets for king mackerel in the southern Florida west coast 
subzone. For a person aboard a vessel to use a run-around gillnet for 
king mackerel in the southern Florida west coast subzone (see 
Sec. 622.42(c)(1)(i)(A)(3)), a commercial vessel permit for king 
mackerel with a gillnet endorsement must have been issued to the vessel 
and must be on board. See paragraph (o) of this section regarding a 
moratorium on endorsements for the use of gillnets for king mackerel in 
the southern Florida west coast subzone and restrictions on 
transferability of king mackerel gillnet endorsements.
    (iii) King mackerel. For a person aboard a vessel to be eligible for 
exemption from the bag limits and to fish under a quota for king 
mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a 
commercial vessel permit for king mackerel must have been issued to the 
vessel and must be on board. To obtain or renew a commercial vessel 
permit for king mackerel, at least 25 percent of the applicant's earned 
income, or at least $10,000, must have been derived from commercial

[[Page 137]]

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, transfers of permits during the 
moratorium, and limited exceptions to the earned income or gross sales 
requirement for a permit.
    (iv) Spanish mackerel. For a person aboard a vessel to be eligible 
for exemption from the bag limits and to fish under a quota for Spanish 
mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a 
commercial vessel permit for Spanish mackerel must have been issued to 
the vessel and must be on board. To obtain or renew a commercial vessel 
permit for Spanish mackerel, at least 25 percent of the applicant's 
earned income, or at least $10,000, must have been derived from 
commercial fishing (i.e., harvest and first sale of fish) or from 
charter fishing during one of the 3 calendar years preceding the 
application.
    (v) Gulf reef fish. For a person aboard a vessel to be eligible for 
exemption from the bag limits, to fish under a quota, or to sell Gulf 
reef fish in or from the Gulf EEZ, a commercial vessel permit for Gulf 
reef fish must have been issued to the vessel and must be on board. To 
obtain or renew a commercial vessel permit for Gulf reef fish, more than 
50 percent of the applicant's earned income must have been derived from 
commercial fishing (i.e., harvest and first sale of fish) or from 
charter fishing during either of the 2 calendar years preceding the 
application. See paragraph (m) of this section regarding a moratorium on 
commercial vessel permits for Gulf reef fish and limited exceptions to 
the earned income requirement for a permit.
    (vi) South Atlantic snapper-grouper. For a person aboard a vessel to 
be eligible for exemption from the bag limits for South Atlantic 
snapper-grouper in or from the South Atlantic EEZ, to engage in the 
directed fishery for tilefish in the South Atlantic EEZ, to use a 
longline to fish for South Atlantic snapper-grouper in the South 
Atlantic EEZ, or to use a sea bass pot in the South Atlantic EEZ between 
35 deg.15.3' N. lat. (due east of Cape Hatteras Light, NC) and 
28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly Building, 
Cape Canaveral, FL), a commercial vessel permit for South Atlantic 
snapper-grouper must have been issued to the vessel and must be on 
board. A vessel with longline gear and more than 200 lb (90.7 kg) of 
tilefish on board is considered to be in the directed fishery for 
tilefish. It is a rebuttable presumption that a fishing vessel with more 
than 200 lb (90.7 kg) of tilefish on board harvested such tilefish in 
the EEZ. See Sec. 622.18 for limitations on the use, transfer, and 
renewal of a commercial vessel permit for South Atlantic snapper-
grouper.
    (vii) Wreckfish. For a person aboard a vessel to fish for wreckfish 
in the South Atlantic EEZ, possess wreckfish in or from the South 
Atlantic EEZ, offload wreckfish from the South Atlantic EEZ, or sell 
wreckfish in or from the South Atlantic EEZ, a commercial vessel permit 
for wreckfish must have been issued to the vessel and must be on board. 
To obtain a commercial vessel permit for wreckfish, the applicant must 
be a wreckfish shareholder; and either the shareholder must be the 
vessel owner or the owner or operator must be an employee, contractor, 
or agent of the shareholder. (See Sec. 622.15 for information on 
wreckfish shareholders.)
    (viii) South Atlantic rock shrimp. For a person aboard a vessel to 
fish for rock shrimp in the South Atlantic EEZ or possess rock shrimp in 
or from the South Atlantic EEZ, a commercial vessel permit for rock 
shrimp must be issued to the vessel and must be on board.
    (ix) Gulf red snapper. For a person aboard a vessel for which a 
commercial vessel permit for Gulf reef fish has been issued to retain 
red snapper under the trip limits specified in Sec. 622.44(d)(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.
    (x) South Atlantic golden crab. 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

[[Page 138]]

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 a 
vessel in the South Atlantic or off-loaded from a vessel in a port 
adjoining the South Atlantic was harvested from the South Atlantic EEZ. 
See Sec. 622.17 for limitations on the use, transfer, and renewal of a 
commercial vessel permit for golden crab.
    (3) Coral permits--(i) Allowable chemical. For an individual to take 
or possess fish or other marine organisms with an allowable chemical in 
a coral area, other than fish or other marine organisms that are landed 
in Florida, a Federal allowable chemical permit must have been issued to 
the individual. Such permit must be available when the permitted 
activity is being conducted and when such fish or other marine organisms 
are possessed, through landing ashore.
    (ii) Allowable octocoral. For an individual to take or possess 
allowable octocoral in the Gulf or South Atlantic EEZ, other than 
allowable octocoral that is landed in Florida, a Federal allowable 
octocoral permit must have been issued to the individual. Such permit 
must be available for inspection when the permitted activity is being 
conducted and when allowable octocoral is possessed, through landing 
ashore.
    (iii) Aquacultured live rock. For a person to take or possess 
aquacultured live rock in the Gulf or South Atlantic EEZ, a Federal 
aquacultured live rock permit must have been issued for the specific 
harvest site. Such permit, or a copy, must be on board a vessel 
depositing or possessing material on an aquacultured live rock site or 
harvesting or possessing live rock from an aquacultured live rock site.
    (iv) Prohibited coral. A Federal permit may be issued to take or 
possess Gulf and South Atlantic prohibited coral or Caribbean prohibited 
coral only as scientific research activity, exempted fishing, or 
exempted educational activity. See Sec. 600.745 of this chapter for the 
procedures and limitations for such activities and fishing.
    (v) Florida permits. Appropriate Florida permits and endorsements 
are required for the following activities, without regard to whether 
they involve activities in the EEZ or Florida's waters:
    (A) Landing in Florida fish or other marine organisms taken with an 
allowable chemical in a coral area.
    (B) Landing allowable octocoral in Florida.
    (C) Landing live rock in Florida.
    (4) Dealer permits. For a dealer to receive Gulf reef fish, golden 
crab harvested from the South Atlantic EEZ, South Atlantic snapper-
grouper, rock shrimp harvested from the South Atlantic EEZ, or 
wreckfish, a dealer permit for Gulf reef fish, golden crab, South 
Atlantic snapper-grouper, rock shrimp, or wreckfish, respectively, must 
be issued to the dealer. To obtain a dealer permit, the applicant must 
have a valid state wholesaler's license in the state(s) where the dealer 
operates, if required by such state(s), and must have a physical 
facility at a fixed location in such state(s).
    (b) Applications for permits. Application forms for all permits are 
available from the RA. Completed application forms and all required 
supporting documents must be submitted to the RA at least 30 days prior 
to the date on which the applicant desires to have the permit made 
effective. All vessel permits are mailed to owners, whether the 
applicant is an owner or an operator.
    (1) Coral permits. (i) The applicant for a coral permit must be the 
individual who will be conducting the activity that requires the permit. 
In the case of a corporation or partnership that will be conducting live 
rock aquaculture activity, the applicant must be the principal 
shareholder or a general partner.
    (ii) An applicant must provide the following:
    (A) Name, address, telephone number, and other identifying 
information of the applicant.
    (B) Name and address of any affiliated company, institution, or 
organization.
    (C) Information concerning vessels, harvesting gear/methods, or 
fishing areas, as specified on the application form.

[[Page 139]]

    (D) Any other information that may be necessary for the issuance or 
administration of the permit.
    (E) If applying for an aquacultured live rock permit, identification 
of each vessel that will be depositing material on or harvesting 
aquacultured live rock from the proposed aquacultured live rock site, 
specification of the port of landing of aquacultured live rock, and a 
site evaluation report prepared pursuant to generally accepted industry 
standards that--
    (1) Provides accurate coordinates of the proposed harvesting site so 
that it can be located using LORAN or Global Positioning System 
equipment;
    (2) Shows the site on a chart in sufficient detail to determine its 
size and allow for site inspection;
    (3) Discusses possible hazards to safe navigation or hindrance to 
vessel traffic, traditional fishing operations, or other public access 
that may result from aquacultured live rock at the site;
    (4) Describes the naturally occurring bottom habitat at the site; 
and
    (5) Specifies the type and origin of material to be deposited on the 
site and how it will be distinguishable from the naturally occurring 
substrate.
    (2) Dealer permits. (i) The application for a dealer permit must be 
submitted by the owner (in the case of a corporation, an officer or 
shareholder; in the case of a partnership, a general partner).
    (ii) An applicant must provide the following:
    (A) A copy of each state wholesaler's license held by the dealer.
    (B) Name, address, telephone number, date the business was formed, 
and other identifying information of the business.
    (C) The address of each physical facility at a fixed location where 
the business receives fish.
    (D) Name, address, telephone number, other identifying information, 
and official capacity in the business of the applicant.
    (E) Any other information that may be necessary for the issuance or 
administration of the permit, as specified on the application form.
    (3) Vessel permits. (i) The application for a commercial vessel 
permit, other than for wreckfish, or for a charter vessel/headboat 
permit must be submitted by the owner (in the case of a corporation, an 
officer or shareholder; in the case of a partnership, a general partner) 
or operator of the vessel. A commercial vessel permit that is issued 
based on the earned income qualification of an operator is valid only 
when that person is the operator of the vessel. The applicant for a 
commercial vessel permit for wreckfish must be a wreckfish shareholder.
    (ii) An applicant must provide the following:
    (A) A copy of the vessel's valid USCG certificate of documentation 
or, if not documented, a copy of its valid state registration 
certificate.
    (B) Vessel name and official number.
    (C) Name, address, telephone number, and other identifying 
information of the vessel owner and of the applicant, if other than the 
owner.
    (D) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas, as 
specified on the application form.
    (E) Any other information that may be necessary for the issuance or 
administration of the permit, as specified on the application form.
    (F) If applying for a commercial vessel permit, documentation, as 
specified in the instructions accompanying each application form, 
showing that applicable eligibility requirements of paragraph (a)(2) of 
this section have been met.
    (G) If a fish trap or sea bass pot will be used, the number, 
dimensions, and estimated cubic volume of the traps/pots that will be 
used and the applicant's desired color code for use in identifying his 
or her vessel and buoys (white is not an acceptable color code).
    (c) Change in application information. The owner or operator of a 
vessel with a permit, a person with a coral permit, or a dealer with a 
permit must notify the RA 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.

[[Page 140]]

    (d) Fees. A fee is charged for each application for a permit, 
license, or endorsement submitted under this section, for each request 
for transfer or replacement of such permit, license, or endorsement, and 
for each fish trap or sea bass pot identification tag required under 
Sec. 622.6(b)(1)(i)(B). The amount of each fee is calculated in 
accordance with the procedures of the NOAA Finance Handbook, available 
from the RA, for determining the administrative costs of each special 
product or service. The fee may not exceed such costs and is specified 
with each application form. The appropriate fee must accompany each 
application, request for transfer or replacement, or request for fish 
trap/sea bass pot identification tags.
    (e) Initial issuance. (1) The RA will issue an initial permit at any 
time to an applicant if the application is complete and the specific 
requirements for the requested permit have been met. An application is 
complete when all requested forms, information, and documentation have 
been received.
    (2) Upon receipt of an incomplete application, the RA will notify 
the applicant of the deficiency. If the applicant fails to correct the 
deficiency within 30 days of the date of the RA's letter of 
notification, the application will be considered abandoned.
    (f) Duration. A permit remains valid for the period specified on it 
unless it is revoked, suspended, or modified pursuant to subpart D of 15 
CFR part 904 or the vessel or dealership is sold.
    (g) Transfer. A vessel permit, license, or endorsement or dealer 
permit issued under this section is not transferable or assignable, 
except as provided in paragraph (m) of this section for a commercial 
vessel permit for Gulf reef fish, in paragraph (n) of this section for a 
fish trap endorsement, in paragraph (o) of this section for a Gulf king 
mackerel gillnet endorsement, in paragraph (p) of this section for a red 
snapper license, in paragraph (q) of this section for a king mackerel 
permit, in Sec. 622.17(c) for a commercial vessel permit for golden 
crab, or in Sec. 622.18(e) for a commercial vessel permit for South 
Atlantic snapper-grouper. A person who acquires a vessel or dealership 
who desires to conduct activities for which a permit or endorsement is 
required must apply for a permit or endorsement in accordance with the 
provisions of this section. If the acquired vessel or dealership is 
currently permitted, the application must be accompanied by the original 
permit and a copy of a signed bill of sale or equivalent acquisition 
papers.
    (h) Renewal. Although a permit, license, or endorsement required by 
this section is issued on an annual basis, an application for its 
renewal is required only every 2 years. In the interim years, renewal is 
automatic (without application) for a vessel owner or dealer who has met 
the specific requirements for the requested permit, license, or 
endorsement; who has submitted all reports required under the Magnuson-
Stevens Act; and who is not subject to a sanction or denial under 
paragraph (j) of this section. An owner or dealer whose permit, license, 
or endorsement is expiring will be mailed a notification by the RA 
approximately 2 months prior to its expiration. That notification will 
advise the status of the renewal. That is, the notification will advise 
that the renewal will be issued without further action by the owner or 
dealer (automatic renewal); that the permit, license, or endorsement is 
ineligible for automatic renewal; or that a new application is required.
    (1) If eligible for automatic renewal. If the RA's notification 
indicates that the owner's or dealer's permit, license, or endorsement 
is eligible for automatic renewal, the RA will mail the automatically 
renewed permit, license, or endorsement approximately 1 month prior to 
expiration of the old permit, license, or endorsement.
    (2) If ineligible for automatic renewal. If the RA's notification 
indicates that the owner's or dealer's permit, license, or endorsement 
is ineligible for automatic renewal, the notification will specify the 
reasons and will provide an opportunity for correction of any 
deficiencies. If the owner or dealer does not correct such deficiencies 
within 60 days after the date of the RA's notification, the renewal will 
be considered abandoned. A permit, license, or endorsement that is not 
renewed within the applicable deadline will not be reissued.

[[Page 141]]

    (3) If new application is required. If the RA's notification 
indicates that a new application is required, the notification will 
include a preprinted renewal application. If the RA receives an 
incomplete application, the RA will notify the applicant of the 
deficiency. If the applicant fails to correct the deficiency within 30 
days of the date of the RA's letter of notification, the application 
will be considered abandoned. A permit, license, or endorsement that is 
not renewed within the applicable deadline will not be reissued.
    (4) If notification is not received. A vessel owner or dealer who 
does not receive a notification from the RA regarding status of renewal 
of a permit, license, or endorsement by 45 days prior to expiration of 
the current permit must contact the RA.
    (i) Display. A vessel permit, license, or endorsement issued under 
this section must be carried on board the vessel. A dealer permit issued 
under this section, or a copy thereof, must be available on the dealer's 
premises. In addition, a copy of the dealer's permit must accompany each 
vehicle that is used to pick up from a fishing vessel reef fish 
harvested from the Gulf EEZ. The operator of a vessel must present the 
permit, license, or endorsement for inspection upon the request of an 
authorized officer. A dealer or a vehicle operator must present the 
permit or a copy for inspection upon the request of an authorized 
officer.
    (j) Sanctions and denials. A permit, license, or endorsement issued 
pursuant to this section may be revoked, suspended, or modified, and a 
permit, license, or endorsement application may be denied, in accordance 
with the procedures governing enforcement-related permit sanctions and 
denials found at subpart D of 15 CFR part 904.
    (k) Alteration. A permit, license, or endorsement that is altered, 
erased, or mutilated is invalid.
    (l) Replacement. A replacement permit, license, or endorsement may 
be issued. An application for a replacement permit, license, or 
endorsement is not considered a new application.
    (m) Moratorium on commercial vessel permits for Gulf reef fish. The 
provisions of this paragraph (m) are applicable through December 31, 
2005.
    (1) No applications for additional commercial vessel permits for 
Gulf reef fish will be accepted. Existing vessel permits may be renewed, 
are subject to the restrictions on transfer or change in paragraphs 
(m)(2) through (5) of this section, and are subject to the requirement 
for timely renewal in paragraph (m)(6) of this section.
    (2) An owner of a permitted vessel may transfer the commercial 
vessel permit for Gulf reef fish to another vessel owned by the same 
entity.
    (3) An owner whose earned income qualified for the commercial vessel 
permit for Gulf reef fish may transfer the permit to the owner of 
another vessel, or to the new owner when he or she transfers ownership 
of the permitted vessel. Such owner of another vessel, or new owner, may 
receive a commercial vessel permit for Gulf reef fish for his or her 
vessel, and renew it through April 15 following the first full calendar 
year after obtaining it, without meeting the earned income requirement 
of paragraph (a)(2)(v) of this section. However, to further renew the 
commercial vessel permit, the owner of the other vessel, or new owner, 
must meet the earned income requirement not later than the first full 
calendar year after the permit transfer takes place.
    (4) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may transfer the permit to the income 
qualifying operator when such operator becomes an owner of a vessel.
    (5) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may have the operator qualification on the 
permit removed, and renew it without such qualification through April 15 
following the first full calendar year after removing it, without 
meeting the earned income requirement of paragraph (a)(2)(v) of this 
section. However, to further renew the commercial vessel permit, the 
owner must meet the earned income requirement not later than the first 
full

[[Page 142]]

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 RA with an application for the changed permit.
    (6) A commercial vessel permit for Gulf reef fish that is not 
renewed or that is revoked will not be reissued. A permit is considered 
to be not renewed when an application for renewal is not received by the 
RA within 1 year of the expiration date of the permit.
    (n) Endorsements for fish traps in the Gulf. The provisions of this 
paragraph (n) are applicable through February 7, 2007. After February 7, 
2007, no fish trap endorsements are valid.
    (1) Only those fish trap endorsements that are valid on February 7, 
1997, may be renewed. Such endorsements are subject to the restrictions 
on transfer in paragraphs (n)(2) and (3) of this section and are subject 
to the requirement for timely renewal in paragraph (n)(5) of this 
section.
    (2) Through February 7, 1999, a fish trap endorsement may be 
transferred only to a vessel that has a commercial permit for reef fish.
    (3) After February 7, 1999, a fish trap endorsement is not 
transferable except as follows:
    (i) An owner of a vessel with a fish trap endorsement may transfer 
the endorsement to another vessel owned by the same entity.
    (ii) A fish trap endorsement is transferable upon a change of 
ownership of a permitted vessel with such endorsement from one to 
another of the following: Husband, wife, son, daughter, brother, sister, 
mother, or father.
    (iii) When a change of ownership of a vessel with a fish trap 
endorsement is directly related to the disability or death of the owner, 
the RA may issue such endorsement, temporarily or permanently, with the 
commercial vessel permit for Gulf reef fish that is issued for the 
vessel under the new owner. Such new owner will be the person specified 
by the owner or his/her legal guardian, in the case of a disabled owner, 
or by the will or executor/administrator of the estate, in the case of a 
deceased owner. (Paragraphs (m)(3) and (4) of this section apply for the 
transfer of a commercial vessel permit for Gulf reef fish upon 
disability or death of an owner.)
    (iv) A fish trap endorsement may be transferred to a vessel with a 
commercial vessel permit for Gulf reef fish whose owner has a record of 
landings of reef fish from fish traps in the Gulf EEZ, as reported on 
fishing vessel logbooks received by the SRD, from November 20, 1992, 
through February 6, 1994, and who was unable to obtain a fish trap 
endorsement for the vessel with the reported landings.
    (4) The owner of a vessel that is to receive a transferred 
endorsement must return the originals of the endorsed commercial vessel 
permit for Gulf reef fish and the unendorsed permit to the RA with an 
application for a fish trap endorsement for his or her vessel.
    (5) A fish trap endorsement that is not renewed or that is revoked 
will not be reissued. Such endorsement is considered to be not renewed 
when an application for renewal is not received by the RA within 1 year 
of the expiration date of the permit.
    (o) Moratorium on endorsements for the use of gillnets for king 
mackerel in the southern Florida west coast subzone. (1) An initial king 
mackerel gillnet endorsement will be issued only if--
    (i) The vessel owner was the owner of a vessel with a commercial 
mackerel permit with a gillnet endorsement on or before October 16, 
1995; and
    (ii) The vessel owner was the owner of a vessel that had gillnet 
landings of Gulf migratory group king mackerel in one of the two fishing 
years, July 1, 1995, through June 30, 1996, or July 1, 1996, through 
June 30, 1997. Such landings must have been documented by NMFS or by the 
Florida Department of Environmental Protection trip ticket system as of 
December 31, 1997. Only landings when a vessel had a valid commercial 
permit for king mackerel with a gillnet endorsement and only landings 
that were harvested, landed, and sold in compliance with state and 
Federal regulations may be used to establish eligibility.
    (2) Paragraphs (o)(1)(i) and (o)(1)(ii) of this section 
notwithstanding, the owner of a vessel that received a commercial king 
mackerel permit through transfer, between March 4, 1998, and March 28, 
2000, from a vessel that met

[[Page 143]]

the eligibility requirements in paragraphs (o)(1)(i) and (o)(1)(ii) also 
qualifies for an initial king mackerel gillnet endorsement.
    (3) To obtain an initial king mackerel gillnet endorsement under the 
moratorium, an owner or operator of a vessel that does not have a king 
mackerel gillnet endorsement on March 28, 2000 must submit an 
application to the RA, postmarked or hand delivered not later than June 
26, 2000. Except for applications for renewals of king mackerel gillnet 
endorsements, no applications for king mackerel gillnet endorsements 
will be accepted after June 26, 2000. Application forms are available 
from the RA.
    (4) The RA will not issue an owner more initial king mackerel 
gillnet endorsements under the moratorium than the number of vessels 
with king mackerel gillnet endorsements that the owner owned 
simultaneously on or before October 16, 1995.
    (5) An owner of a vessel with a king mackerel gillnet endorsement 
issued under this moratorium may transfer that endorsement 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. Such endorsement also may be transferred to another 
vessel owned by the same entity.
    (6) A king mackerel gillnet endorsement that is not renewed or that 
is revoked will not be reissued. An endorsement is considered to be not 
renewed when an application for renewal is not received by the RA within 
1 year after the expiration date of the permit that includes the 
endorsement.
    (p) Gulf red snapper licenses--(1) Class 1 licenses. To be eligible 
for the 2,000-lb (907-kg) trip limit for Gulf red snapper specified in 
Sec. 622.44(d)(1), a vessel must have been issued both a valid 
commercial vessel permit for Gulf reef fish and a valid Class 1 Gulf red 
snapper license, and such permit and license must be on board.
    (2) Class 2 licenses. To be eligible for the 200-lb (91-kg) trip 
limit for Gulf red snapper specified in Sec. 622.44(d)(2), a vessel must 
have been issued both a valid commercial vessel permit for Gulf reef 
fish and a valid Class 2 Gulf red snapper license, and such permit and 
license must be on board.
    (3) Operator restriction. An initial Gulf red snapper license that 
is issued for a vessel based on the qualification of an operator or 
historical captain is valid only when that operator or historical 
captain is the operator of the vessel. When applicable, this operator 
restriction is shown on the license.
    (4) Transfer of Gulf red snapper licenses. A red snapper license may 
be transferred independently of a commercial vessel permit for Gulf reef 
fish. To request the transfer of a red snapper license, complete the 
transfer information on the reverse of the license and return it to the 
RA.
    (5) Initial issue of Gulf red snapper licenses--(i) Class 1 
licenses. (A) An initial Class 1 license will be issued for the vessel 
specified by the holder of a valid red snapper endorsement on March 1, 
1997, and to a historical captain. In the event of death or disability 
of such holder between March 1, 1997, and the date Class 1 licenses are 
issued, a Class 1 license will be issued for the vessel specified by the 
person to whom the red snapper endorsement was transferred.
    (B) Status as a historical captain is based on information collected 
under Amendment 9 to the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP) (59 FR 39301, August 2, 1994). A 
historical captain is an operator who--
    (1) From November 6, 1989, through 1993, fished solely under verbal 
or written share agreements with an owner, and such agreements provided 
for the operator to be responsible for hiring the crew, who was paid 
from the share under his or her control;
    (2) Landed from that vessel at least 5,000 lb (2,268 kg) of red 
snapper per year in 2 of the 3 years 1990, 1991, and 1992;
    (3) Derived more than 50 percent of his or her earned income from 
commercial fishing, that is, sale of the catch, in each of the years 
1989 through 1993; and
    (4) Landed red snapper prior to November 7, 1989.
    (ii) Class 2 licenses. (A) An initial Class 2 license will be issued 
for the

[[Page 144]]

vessel specified by an owner or operator whose income qualified for a 
commercial vessel permit for reef fish that was valid on March 1, 1997, 
and such owner or operator was the person whose earned income qualified 
for a commercial vessel permit for reef fish that had a landing of red 
snapper during the period from January 1, 1990, through February 28, 
1997.
    (B) For the purpose of paragraph (p)(5)(ii)(A) of this section, 
landings of red snapper are as recorded in the information collected 
under Amendment 9 to the FMP (59 FR 39301, August 2, 1994) for the 
period 1990 through 1992 and in fishing vessel logbooks, as required 
under Sec. 622.5(a)(1)(ii), received by the SRD not later than March 31, 
1997, for the period from January 1, 1993, through February 28, 1997.
    (C) A vessel's red snapper landings record during the period from 
January 1, 1990, through February 28, 1997, is retained by the owner at 
the time of the landings if the vessel's permit was transferred to 
another vessel owned by him or her. When a vessel has had a change of 
ownership and concurrent transfer of its permit, the vessel's red 
snapper landings record is credited to the owner of that vessel on March 
1, 1997, unless there is a legally binding agreement under which a 
previous owner retained the landings record. An owner who claims such 
retention of a landings record must submit a copy of the agreement to 
the RA postmarked or hand delivered not later than January 30, 1998. 
However, an owner who submits a copy of such agreement after January 6, 
1998, is not assured that a red snapper license will be issued before 
the opening of the commercial fishery for red snapper on February 1, 
1998.
    (6) Implementation procedures--(i) Initial notification. The RA will 
notify each owner of a vessel that had a valid permit for Gulf reef fish 
on March 1, 1997, each operator whose earned income qualified for a 
valid permit on that date, and each potential historical captain of his 
or her eligibility for a Class 1 or Class 2 red snapper license. Initial 
determinations of eligibility will be based on NMFS' records of red 
snapper endorsements, red snapper landings during the period from 
January 1, 1990, through February 28, 1997, and applications for 
historical captain status under Amendment 9 to the FMP (59 FR 39301, 
August 2, 1994). An owner, operator, or potential historical captain who 
concurs with NMFS' initial determination of eligibility need take no 
further action. Each owner, operator, and historical captain who is 
initially determined to be eligible will be issued an appropriate 
license not later than January 23, 1998.
    (ii) Reconsideration. (A) An owner, operator, or potential 
historical captain who does not concur with NMFS' initial determination 
of eligibility for historical captain status or for a Class 2 red 
snapper license may request reconsideration of that initial 
determination by the RA.
    (B) A written request for reconsideration must be submitted to the 
RA 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 RA will forward the initial determination, the 
request for reconsideration, and pertinent records to a committee 
consisting of the principal state officials who are members of the 
GMFMC, or their designees. An owner, operator, or potential historical 
captain may request to make a personal appearance before the committee 
in his or her request for reconsideration. If an owner, operator, or 
potential historical captain requests that his or her request be 
forwarded to the committee, such a request constitutes the applicant's 
written authorization under section 402(b)(1)(F) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) for the 
RA to make available to the committee members such confidential catch 
and other records as are pertinent to the matter under reconsideration.
    (C) Members of the committee will provide their individual 
recommendations for each application for reconsideration referred to the 
committee to

[[Page 145]]

the RA. 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 RA 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 RA 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 RA 
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 RA will provide such notification within 15 days of the 
RA's receipt of the request for reconsideration. The RA's decision will 
constitute the final administrative action by NMFS on an application for 
reconsideration.
    (q) Moratorium on commercial vessel permits for king mackerel. This 
paragraph (q) is effective through October 15, 2005.
    (1) No applications for additional commercial vessel permits for 
king mackerel will be accepted. Existing vessel permits may be renewed, 
are subject to the restrictions on transfer or change in paragraphs 
(q)(2) through (q)(5) of this section, and are subject to the 
requirement for timely renewal in paragraph (q)(6) of this section.
    (2) 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.
    (3) 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.
    (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 request that NMFS transfer the permit to 
the income-qualifying operator when such operator becomes an owner of a 
vessel.
    (5) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may have the operator qualification on the 
permit removed, and renew it without such qualification through April 15 
following the first full calendar year after removing it, without 
meeting the earned income 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 
RA with an application for the changed permit.
    (6) NMFS will not reissue a commercial vessel permit for king 
mackerel if the permit is revoked or if the RA does not receive an 
application for renewal within 1 year of the permit's expiration date.

[61 FR 34937, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 
FR 47448, Sept 9, 1996; 61 FR 48414, Sept. 13, 1996; 62 FR 13986, Mar. 
25, 1997; 62 FR 67721, 67722, Dec. 30, 1997; 63 FR 10565, 10569, Mar. 4, 
1998; 63 FR 38301, July 16, 1998; 63 FR 57590, Oct. 28, 1998; 64 FR 
59126, Nov. 2, 1999; 65 FR 16339, Mar. 28, 2000; 65 FR 41017, July 3, 
2000; 65 FR 52956, Aug. 31, 2000; 65 FR 61115, Oct. 16, 2000]

[[Page 146]]



Sec. 622.5  Recordkeeping and reporting.

    Participants in fisheries governed in this part are required to keep 
records and report as follows.
    (a) Commercial vessel owners and operators--(1) Requirements by 
species--(i) Coastal migratory pelagic fish. The owner or operator of a 
vessel that fishes for or lands coastal migratory pelagic fish for sale 
in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ or adjoining 
state waters, or whose vessel is issued a commercial permit for king or 
Spanish mackerel, as required under Sec. 622.4(a)(2)(iii) or (iv), who 
is selected to report by the SRD, must maintain a fishing record on a 
form available from the SRD and must submit such record as specified in 
paragraph (a)(2) of this section.
    (ii) Gulf reef fish. The owner or operator of a vessel for which a 
commercial permit for Gulf reef fish has been issued, as required under 
Sec. 622.4(a)(2)(v), or whose vessel fishes for or lands reef fish in or 
from state waters adjoining the Gulf EEZ, who is selected to report by 
the SRD must maintain a fishing record on a form available from the SRD 
and must submit such record as specified in paragraph (a)(2) of this 
section.
    (A) Fish traps. In addition to the other reporting requirements in 
paragraph (a)(1)(ii) of this section, the owner or operator of a vessel 
for which a fish trap endorsement has been issued, as required under 
Sec. 622.4(a)(2)(i), must comply with the following requirements.
    (1) Inspection. The RA will establish a 1-month period for mandatory 
inspection of all fish trap gear, permits, and vessels. The RA will 
provide written notification of the inspection period to each owner of a 
vessel for which a fish trap endorsement has been issued as required 
under Sec. 622.4(a)(2)(i). Each such owner or operator must contact the 
Special Agent-in-Charge, NMFS, Office of Enforcement, Southeast Region, 
St. Petersburg, FL (SAC) or his designee by telephone (727-570-5344) to 
schedule an inspection during the 1-month period. Requests for 
inspection must be made between 8:00 a.m. and 4:30 p.m. Monday through 
Friday and must be made at least 72 hours in advance of the desired 
inspection date. Inspections will be conducted Monday through Friday 
between 8:00 a.m. and 4:30 p.m. only. On the inspection date, the owner 
or operator must make all fish trap gear with attached trap tags and 
buoys and all applicable permits available for inspection on land. 
Vessels must also be made available for inspection as directed by the 
SAC or his designee. Upon completion of the inspection and a 
determination that all fish trap gear, permits, and vessels are in 
compliance, an owner or operator may resume fishing with the lawful 
gear. However, an owner or operator who fails to comply with the 
inspection requirements during the 1-month inspection period or during 
any other random inspection may not use or possess a fish trap in the 
Gulf EEZ until the required inspection or reinspection, as directed by 
the SAC, has been completed and all fish trap gear, permits, and vessels 
are determined to be in compliance with all applicable regulations.
    (2) Trip reports. For each fishing trip on which a fish trap will be 
used or possessed, an owner or operator of a vessel for which a fish 
trap endorsement has been issued, as required under Sec. 622.4(a)(2)(i), 
must submit a trip initiation report and a trip termination report to 
the SAC or his designee, by telephone, using the following 24-hour toll-
free number--800-305-0697.
    (i) Trip initiation report. The trip initiation report must be 
submitted before beginning the trip and must include: vessel name; 
official number; number of traps to be deployed; sequence of trap tag 
numbers; date, time, and point of departure; and intended time and date 
of trip termination.
    (ii) Trip termination report. The trip termination report must be 
submitted immediately upon returning to port and prior to any offloading 
of catch or fish traps. The trip termination report must include: vessel 
name; official number; name and address of dealer where catch will be 
offloaded and sold; the time offloading will begin; notification of any 
lost traps; and notification of any traps left deployed for any reason.
    (B) [Reserved]
    (iii) Gulf shrimp. The owner or operator of a vessel that fishes for 
shrimp in the Gulf EEZ or in adjoining state

[[Page 147]]

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

[[Page 148]]

or adjoining state waters who is selected to report by the SRD must 
submit information on forms provided by the SRD. This information must 
be submitted to the SRD at monthly intervals, postmarked not later than 
5 days after the end of each month. Reporting frequency and reporting 
deadlines may be modified upon notification by the SRD. If no coastal 
migratory pelagic fish were received during a calendar month, a report 
so stating must be submitted on one of the forms, in accordance with the 
instructions on the form, and must be postmarked not later than 5 days 
after the end of the month. The information to be reported is as 
follows:
    (A) Dealer's or processor's name and address.
    (B) County where fish were landed.
    (C) Total poundage of each species received during that month, or 
other requested interval.
    (D) Average monthly price paid for each species.
    (E) Proportion of total poundage landed by each gear type.
    (ii) Alternate SRD. For the purposes of paragraph (c)(1)(i) of this 
section, in the states from New York through Virginia, or in the waters 
off those states, ``SRD'' means the Science and Research Director, 
Northeast Fisheries Science Center, NMFS (see Table 1 of Sec. 600.502 of 
this chapter), or a designee.
    (2) Gulf red drum. A dealers or processor who purchases red drum 
harvested from the Gulf who is selected to report by the SRD must report 
to the SRD such information as the SRD may request and in the form and 
manner as the SRD may require. The information required to be submitted 
must include, but is not limited to, the following:
    (i) Dealer's or processor's name and address.
    (ii) State and county where red drum were landed.
    (iii) Total poundage of red drum received during the reporting 
period, by each type of gear used for harvest.
    (3) Gulf reef fish. A person who purchases Gulf reef fish from a 
fishing vessel, or person, that fishes for or lands such fish in or from 
the EEZ or adjoining state waters must maintain records and submit 
information as follows:
    (i) A dealer must maintain at his/her principal place of business a 
record of Gulf reef fish that he/she receives. The record must contain 
the name of each fishing vessel from which reef fish were received and 
the date, species, and quantity of each receipt. A dealer must retain 
such record for at least 1 year after receipt date and must provide such 
record for inspection upon the request of an authorized officer or the 
SRD.
    (ii) When requested by the SRD, a dealer must provide information 
from his/her record of Gulf reef fish received the total poundage of 
each species received during the month, average monthly price paid for 
each species by market size, and proportion of total poundage landed by 
each gear type. This information must be provided on forms available 
from the SRD and must be submitted to the SRD at monthly intervals, 
postmarked not later than 5 days after the end of the month. Reporting 
frequency and reporting deadlines may be modified upon notification by 
the SRD. If no reef fish were received during a calendar month, a report 
so stating must be submitted on one of the forms, postmarked not later 
than 5 days after the end of the month.
    (iii) The operator of a car or truck that is used to pick up from a 
fishing vessel reef fish harvested from the Gulf must maintain a record 
containing the name of each fishing vessel from which reef fish on the 
car or truck have been received. The vehicle operator must provide such 
record for inspection upon the request of an authorized officer.
    (4) Gulf shrimp. A person who purchases shrimp from a vessel, or 
person, that fishes for shrimp in the Gulf EEZ or in adjoining state 
waters, or that lands shrimp in an adjoining state, must provide the 
following information when requested by the SRD:
    (i) Name and official number of the vessel from which shrimp were 
received or the name of the person from whom shrimp were received, if 
received from other than a vessel.
    (ii) Amount of shrimp received by species and size category for each 
receipt.
    (iii) Exvessel value, by species and size category, for each 
receipt.

[[Page 149]]

    (5) South Atlantic snapper-grouper. (i) A person who purchases South 
Atlantic snapper-grouper that were harvested from the EEZ or from 
adjoining state waters and who is selected to report by the SRD and a 
dealer who has been issued a dealer permit for wreckfish, as required 
under Sec. 622.4(a)(4), must provide information on receipts of South 
Atlantic snapper-grouper and prices paid, by species, on forms available 
from the SRD. The required information must be submitted to the SRD at 
monthly intervals, postmarked not later than 5 days after the end of the 
month. Reporting frequency and reporting deadlines may be modified upon 
notification by the SRD. If no South Atlantic snapper-grouper were 
received during a calendar month, a report so stating must be submitted 
on one of the forms, postmarked not later than 5 days after the end of 
the month. However, during complete months encompassed by the wreckfish 
spawning-season closure (that is, February and March), a wreckfish 
dealer is not required to submit a report stating that no wreckfish were 
received.
    (ii) A dealer reporting South Atlantic snapper-grouper other than 
wreckfish may submit the information required in paragraph (c)(5)(i) of 
this section via facsimile (fax).
    (iii) A dealer who has been issued a dealer permit for wreckfish, as 
required under Sec. 622.4(a)(4), must make available to an authorized 
officer upon request all records of offloadings, purchases, or sales of 
wreckfish.
    (6) South Atlantic golden crab. A dealer who receives from a fishing 
vessel golden crab harvested from the South Atlantic EEZ and who is 
selected by the SRD must provide information on receipts of, and prices 
paid for, South Atlantic golden crab to the SRD at monthly intervals, 
postmarked not later than 5 days after the end of each month. Reporting 
frequency and reporting deadlines may be modified upon notification by 
the SRD.
    (7) South Atlantic rock shrimp. (i) A dealer who has been issued a 
permit for rock shrimp, as required under Sec. 622.4(a)(4), and who is 
selected by the SRD must provide information on receipts of rock shrimp 
and prices paid on forms available from the SRD. The required 
information must be submitted to the SRD at monthly intervals postmarked 
not later than 5 days after the end of each month. Reporting frequencies 
and reporting deadlines may be modified upon notification by the SRD.
    (ii) On demand, a dealer who has been issued a dealer permit for 
rock shrimp, as required under Sec. 622.4(a)(4), must make available to 
an authorized officer all records of offloadings, purchases, or sales of 
rock shrimp.
    (d) Individuals with coral or live rock permits. (1) An individual 
with a Federal allowable octocoral permit must submit a report of 
harvest to the SRD. Specific reporting requirements will be provided 
with the permit.
    (2) A person with a Federal aquacultured live rock permit must 
report to the RA each deposition of material on a site. Such reports 
must be postmarked not later than 7 days after deposition and must 
contain the following information:
    (i) Permit number of site and date of deposit.
    (ii) Geological origin of material deposited.
    (iii) Amount of material deposited.
    (iv) Source of material deposited, that is, where obtained, if 
removed from another habitat, or from whom purchased.
    (3) A person who takes aquacultured live rock must submit a report 
of harvest to the RA. Specific reporting requirements will be provided 
with the permit. This reporting requirement is waived for aquacultured 
live rock that is landed in Florida.
    (e) Additional data and inspection. Additional data will be 
collected by authorized statistical reporting agents and by authorized 
officers. A person who fishes for or possesses species in or from the 
EEZ governed in this part is required to make the applicable fish or 
parts thereof available for inspection by the SRD or an authorized 
officer upon request.
    (f) Commercial vessel, charter vessel, and headboat inventory. The 
owner or operator of a commercial vessel, charter vessel, or headboat 
operating in a fishery governed in this part who is not selected to 
report by the SRD under paragraph (a) or (b) of this section

[[Page 150]]

must provide the following information when interviewed by the SRD:
    (1) Name and official number of vessel and permit number, if 
applicable.
    (2) Length and tonnage.
    (3) Current home port.
    (4) Fishing areas.
    (5) Ports where fish were offloaded during the last year.
    (6) Type and quantity of gear.
    (7) Number of full- and part-time fishermen or crew members.

[61 FR 34940, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 
FR 47448, Sept. 9, 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 57590, Oct. 
28, 1998; 64 FR 59126, Nov. 2, 1999; 64 FR 68935, Dec. 9, 1999]



Sec. 622.6  Vessel and gear identification.

    (a) Vessel identification--(1) Applicability--(i) Official number. A 
vessel for which a permit has been issued under Sec. 622.4, and a vessel 
that fishes for or possesses shrimp in the Gulf EEZ, must display its 
official number--
    (A) On the port and starboard sides of the deckhouse or hull and, 
for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so 
as to be clearly visible from an enforcement vessel or aircraft.
    (B) In block arabic numerals permanently affixed to or painted on 
the vessel in contrasting color to the background.
    (C) At least 18 inches (45.7 cm) in height for vessels over 65 ft 
(19.8 m) long; at least 10 inches (25.4 cm) in height for vessels over 
25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in height for vessels 
25 ft (7.6 m) long or less.
    (ii) Official number and color code. The following vessels must 
display their official number as specified in paragraph (a)(1)(i) of 
this section and, in addition, must display their assigned color code: A 
vessel for which a fish trap endorsement has been issued, as required 
under Sec. 622.4(a)(2)(i); a vessel for which a permit has been issued 
to fish with a sea bass pot, as required under Sec. 622.4(a)(2)(vi); a 
vessel in the commercial Caribbean reef fish fishery fishing with traps; 
and a vessel in the Caribbean spiny lobster fishery. Color codes 
required for the Caribbean reef fish fishery and Caribbean spiny lobster 
fishery are assigned by Puerto Rico or the U.S. Virgin Islands, 
whichever is applicable; color codes required in all other fisheries are 
assigned by the RA. The color code must be displayed--
    (A) On the port and starboard sides of the deckhouse or hull and, 
for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so 
as to be clearly visible from an enforcement vessel or aircraft.
    (B) In the form of a circle permanently affixed to or painted on the 
vessel.
    (C) At least 18 inches (45.7 cm) in diameter for vessels over 65 ft 
(19.8 m) long; at least 10 inches (25.4 cm) in diameter for vessels over 
25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in diameter for 
vessels 25 ft (7.6 m) long or less.
    (2) Duties of operator. The operator of a vessel specified in 
paragraph (a)(1) of this section must keep the official number and the 
color code, if applicable, clearly legible and in good repair and must 
ensure that no part of the fishing vessel, its rigging, fishing gear, or 
any other material on board obstructs the view of the official number or 
the color code, if applicable, from an enforcement vessel or aircraft.
    (b) Gear identification--(1) Traps/pots and associated buoys--(i) 
Traps or pots--(A) Caribbean EEZ. A fish trap or spiny lobster trap used 
or possessed in the Caribbean EEZ must display the official number 
specified for the vessel by Puerto Rico or the U.S. Virgin Islands so as 
to be easily identified.
    (B) Gulf and South Atlantic EEZ. A fish trap used or possessed in 
the Gulf EEZ and a sea bass pot used or possessed in the South Atlantic 
EEZ between 35 deg.15.3' N. lat. (due east of Cape Hatteras Light, NC) 
and 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly 
Building, Cape Canaveral, FL), or a fish trap or sea bass pot on board a 
vessel with a commercial permit for Gulf reef fish or South Atlantic 
snapper-grouper, must have a valid identification tag issued by the RA 
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,

[[Page 151]]

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

[61 FR 34934, July 3, 1996, as amended at 61 FR 43957, Aug. 27, 1996; 63 
FR 10567, Mar. 4, 1998; 63 FR 57590, Oct. 28, 1998; 64 FR 59126, Nov. 2, 
1999; 65 FR 52957, Aug. 31, 2000]



Sec. 622.7  Prohibitions.

    In addition to the general prohibitions in Sec. 600.725 of this 
chapter, it is unlawful for any person to do any of the following:
    (a) Engage in an activity for which a valid Federal permit, license, 
or endorsement is required under Sec. 622.4 without such permit, 
license, or endorsement.
    (b) Falsify information on an application for a permit, license, or 
endorsement or submitted in support of such application, as specified in 
Sec. 622.4(b), (g), (p), or (q), or in Sec. 622.18.
    (c) Fail to display a permit, license, or endorsement, as specified 
in Sec. 622.4(i).
    (d) Falsify or fail to maintain, submit, or provide information or 
fail to comply with inspection requirements or restrictions, as 
specified in Sec. 622.5(a) through (f).
    (e) Fail to make a fish, or parts thereof, available for inspection, 
as specified in Sec. 622.5(e).
    (f) Falsify or fail to display and maintain vessel and gear 
identification, as specified in Sec. 622.6 (a) and (b).
    (g) Fail to comply with any requirement or restriction regarding ITQ 
coupons, as specified in Sec. 622.15(c)(3), (c)(5), (c)(6), or (c)(7).
    (h) Possess wreckfish as specified in Sec. 622.15(c)(4), receive 
wreckfish except as specified in Sec. 622.15(c)(7), or offload a 
wreckfish except as specified in Sec. 622.15 (d)(3) and (d)(4).
    (i) Transfer--
    (1) A wreckfish, as specified in Sec. 622.15(d)(1);
    (2) A limited-harvest species, as specified in Sec. 622.32(c) 
introductory text;
    (3) A species/species group subject to a bag limit, as specified 
Sec. 622.39(a)(1);
    (4) South Atlantic snapper-grouper from a vessel with unauthorized 
gear on board, as specified in Sec. 622.41(d)(2)(iii); or
    (5) A species subject to a commercial trip limit, as specified in 
Sec. 622.44.

[[Page 152]]

    (j) Use or possess prohibited gear or methods or possess fish in 
association with possession or use of prohibited gear, as specified in 
Sec. 622.31.
    (k) Fish for, harvest, or possess a prohibited species, or a 
limited-harvest species in excess of its limitation, sell or purchase 
such species, fail to comply with release requirements, or molest or 
strip eggs from a Caribbean spiny lobster, as specified in Sec. 622.32.
    (l) Fish in violation of the prohibitions, restrictions, and 
requirements applicable to seasonal and/or area closures, including but 
not limited to: Prohibition of all fishing, gear restrictions, 
restrictions on take or retention of fish, fish release requirements, 
and restrictions on use of an anchor or grapple, as specified in 
Sec. 622.33, Sec. 622.34, or Sec. 622.35, or as may be specified under 
Sec. 622.46 (b) or (c).
    (m) Harvest, possess, offload, sell, or purchase fish in excess of 
the seasonal harvest limitations, as specified in Sec. 622.36.
    (n) Except as allowed under Sec. 622.37(c) (2) and (3) for king and 
Spanish mackerel, possess undersized fish, fail to release undersized 
fish, or sell or purchase undersized fish, as specified in Sec. 622.37.
    (o) Fail to maintain a fish intact through offloading ashore, as 
specified in Sec. 622.38.
    (p) Exceed a bag or possession limit, as specified in Sec. 622.39.
    (q) Fail to comply with the limitations on traps and pots, including 
but not limited to: Tending requirements, constructions requirements, 
and area specific restrictions, as specified in Sec. 622.40.
    (r) Fail to comply with the species-specific limitations, as 
specified in Sec. 622.41.
    (s) Fail to comply with the restrictions that apply after closure of 
a fishery, as specified in Sec. 622.43.
    (t) Possess on board a vessel or land, purchase, or sell fish in 
excess of the commercial trip limits, as specified in Sec. 622.44.
    (u) Fail to comply with the restrictions on sale/purchase, as 
specified in Sec. 622.45.
    (v) Interfere with fishing or obstruct or damage fishing gear or the 
fishing vessel of another, as specified in Sec. 622.46(a).
    (w) Fail to comply with the requirements for observer coverage as 
specified in Sec. 622.10.
    (x) Assault, resist, oppose, impede, intimidate, or interfere with a 
NMFS-approved observer aboard a vessel.
    (y) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer from conducting his or her 
duties aboard a vessel.
    (z) Fish for or possess golden crab in or from a designated fishing 
zone of the South Atlantic EEZ other than the zone for which the vessel 
is permitted, as specified in Sec. 622.17(b).
    (aa) Falsify information submitted regarding an application for 
testing a BRD, testing of a BRD, or the results of such testing, as 
specified in Sec. 622.41(g)(3)(i) or (h)(3).
    (bb) [Reserved]

[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; 63 FR 57590, Oct. 28, 1998; 64 FR 37693, July 13, 1999; 64 FR 
43941, Aug. 12, 1999; 64 FR 68935, Dec. 9, 1999]



Sec. 622.8  At-sea observer coverage.

    (a) If a vessel's trip is selected by the SRD for observer coverage, 
the owner or operator of a vessel for which a commercial permit for 
golden crab has been issued, as required under Sec. 622.4(a)(2)(x), must 
carry a NMFS-approved observer.
    (b) When notified in writing by the SRD that his or her vessel has 
been selected to carry an NMFS-approved observer, an owner or operator 
must advise the SRD in writing not less than 5 days in advance of each 
trip of the following:
    (1) Departure information (port, dock, date, and time).
    (2) Expected landing information (port, dock, and date).
    (c) An owner or operator of a vessel on which a NMFS approved 
observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request

[[Page 153]]

for the transmission and receipt of messages related to the observer's 
duties.
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store golden crab.
    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of golden crab for that trip.

[61 FR 43957, Aug. 27, 1996, as amended at 63 FR 57590, Oct. 28, 1998]



                      Subpart B--Effort Limitations



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

    The provisions of this section apply to wreckfish in or from the 
South Atlantic EEZ.
    (a) Percentage shares. (1) In accordance with the procedure 
specified in the Fishery Management Plan for the Snapper-Grouper Fishery 
of the South Atlantic Region, percentage shares of the quota for 
wreckfish have been assigned. Each person has been notified by the RA of 
his or her percentage share and shareholder certificate number.
    (2) All or a portion of a person's percentage shares may be 
transferred to another person. Transfer of shares must be reported on a 
form available from the RA. The RA will confirm, in writing, each 
transfer of shares. The effective date of each transfer is the 
confirmation date provided by the RA. 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 RA, for determining the 
administrative costs of each special product or service provided by NOAA 
to non-Federal recipients. The fee may not exceed such costs and is 
specified with each transfer form. The appropriate fee must accompany 
each transfer form.
    (b) Lists of wreckfish shareholders and permitted vessels. Annually, 
on or about March 1, the RA 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 RA will provide each dealer who holds a dealer 
permit for wreckfish, as required under Sec. 622.4(a)(4), with a list of 
vessels for which wreckfish permits have been issued, as required under 
Sec. 622.4(a)(2)(vii). Annually, by April 15, the RA 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 RA.
    (c) ITQs. (1) Annually, as soon after March 1 as the TAC for 
wreckfish for the fishing year that commences April 16 is known, the RA 
will calculate each wreckfish shareholder's ITQ. Each ITQ is the product 
of the wreckfish TAC, in round weight, for the ensuing fishing 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 RA through February 15. Thus, the ITQs 
will be in terms of eviscerated weight of wreckfish.
    (2) The RA will provide each wreckfish shareholder with ITQ coupons 
in various denominations, the total of which equals his or her ITQ, and 
a copy of the calculations used in determining his or her ITQ. Each 
coupon will be coded to indicate the initial recipient.
    (3) An ITQ coupon may be transferred from one wreckfish shareholder 
to another by completing the sale endorsement thereon (that is, the 
signature and shareholder certificate number of the buyer). An ITQ 
coupon may be possessed only by the shareholder to whom it has been 
issued, or by the shareholder's employee, contractor, or agent, unless 
the ITQ coupon has been

[[Page 154]]

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

[61 FR 34934, July 3, 1996, as amended at 64 FR 59126, Nov. 2, 1999]



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

    The ITQ system established by this section will remain in effect 
through March 31, 2000, during which time NMFS and the GMFMC will 
evaluate the effectiveness of the system. Based on the evaluation, the 
system may be modified, extended, or terminated.
    (a) Percentage shares. (1) Initial percentage shares of the annual 
quota of red snapper are assigned to persons in accordance with the 
procedure specified in Amendment 8 to the Fishery Management Plan for 
the Reef Fish Fishery of the Gulf of Mexico (FMP) and in paragraphs 
(c)(1) through (c)(4) of this section. Each person is notified by the RD 
of his or her initial percentage shares. If additional shares become 
available to NMFS, such as by forfeiture pursuant to subpart F of 15 CFR 
part 904 for rule violations, such shares will be proportionately 
reissued to shareholders based on their shares as of November 1, after 
the additional shares become available. If NMFS is required

[[Page 155]]

to issue additional shares, such as may be required in the resolution of 
disputes, existing shares will be proportionately reduced. This 
reduction of shares will be based on shares as of November 1 after the 
required addition of shares.
    (2) All or a portion of a person's percentage shares may be 
transferred to another person who is a U.S. citizen or permanent 
resident alien. (See paragraph (c)(5) of this section for restrictions 
on the transfer of shares in the initial months under the ITQ system.) 
Transfer of shares must be reported on a form available from the RD. The 
RD will confirm, in writing, the registration of each transfer. The 
effective date of each transfer is the confirmation date provided by the 
RD. The confirmation of registration date will normally be not later 
than 3 working days after receipt of a properly completed transfer form. 
However, reports of share transfers received by the RD from November 1 
through December 31 will not be recorded or confirmed until after 
January 1. A fee is charged for each transfer of percentage shares. The 
amount of the fee is calculated in accordance with the procedures of the 
NOAA Finance Handbook for determining the administrative costs of each 
special product or service provided by NOAA to non-Federal recipients. 
The fee may not exceed such costs and is specified with each transfer 
form. The appropriate fee must accompany each transfer form.
    (3) On or about January 1 each year, the RD will provide each red 
snapper shareholder with a list of all red snapper shareholders and 
their percentage shares, reflecting share transfers as indicated on 
properly completed transfer forms received through October 31. Updated 
lists may be obtained at other times, and by persons who are not red 
snapper shareholders, by written request to the RD.
    (b) ITQs. (1) Annually, as soon after November 15 as the following 
year's red snapper quota is established, the RD will calculate each red 
snapper shareholder's ITQ in terms of eviscerated weight. Each ITQ is 
the product of the red snapper quota, in round weight, for the ensuing 
fishing year, the factor for converting round weight to eviscerated 
weight, and each red snapper shareholder's percentage share, reflecting 
share transfers reported on forms received by the RD through October 31.
    (2) The RD will provide each red snapper shareholder with ITQ 
coupons in various denominations, the total of which equals his or her 
ITQ, and a copy of the calculations used in determining his or her ITQ. 
Each coupon will be coded to indicate the initial recipient.
    (3) An ITQ coupon may be transferred. If the transfer is by sale, 
the seller must enter the sale price on the coupon.
    (4) Except when the red snapper bag limit applies, red snapper in or 
from the EEZ or on board a vessel that has been issued a commercial 
permit for Gulf reef fish, as required under Sec. 622.4(a)(2)(v), may 
not be possessed in an amount, in eviscerated weight, exceeding the 
total of ITQ coupons on board. (See Sec. 622.39(a) for applicability of 
the bag limit.)
    (5) Prior to termination of a trip, the operator's signature and the 
date signed must be written in ink on the ``Vessel'' part of ITQ coupons 
totaling at least the eviscerated weight of the red snapper on board. An 
owner or operator of a vessel must separate the ``Vessel'' part of each 
such coupon, enter thereon the permit number of the dealer to whom the 
red snapper are transferred, and submit the ``Vessel'' parts with the 
logbook forms for that fishing trip. An owner or operator of a vessel 
must make available to an authorized officer all ITQ coupons in his or 
her possession upon request.
    (6) Red snapper harvested from the EEZ or possessed by a vessel with 
a commercial permit for Gulf reef fish, as required under 
Sec. 622.4(a)(2)(v), may be transferred only to a dealer with a Gulf 
reef fish permit, as required under Sec. 622.4(a)(4). The ``Fish House'' 
part of each ITQ coupon must be given to such dealer, or the agent or 
employee of such dealer, in amounts totaling at least the eviscerated 
weight of the red snapper transferred to that dealer.
    (7) A dealer with a Gulf reef fish permit may receive red snapper 
only from a vessel that has on board a commercial permit for Gulf reef 
fish. A dealer, or the agent or employee of a dealer, must receive the 
``Fish House'' part of

[[Page 156]]

ITQ coupons totaling at least the eviscerated weight of the red snapper 
received. Immediately upon receipt of red snapper, the dealer, or the 
agent or employee of the dealer, must enter the permit number of the 
vessel received from and date and sign each such ``Fish House'' part. 
The dealer must submit all such parts as required by paragraph (d)(6) of 
this section. A dealer, agent, or employee must make available to an 
authorized officer all ITQ coupons in his or her possession upon 
request.
    (c) Procedures for implementation--(1) Initial shareholders. The 
following persons are initial shareholders in the red snapper ITQ 
system:
    (i) Either the owner or operator of a vessel with a valid permit on 
August 29, 1995, provided such owner or operator had a landing of red 
snapper during the period 1990 through 1992. If the earned income of an 
operator was used to qualify for the permit that is valid on August 29, 
1995, such operator is the initial shareholder rather than the owner. In 
the case of an owner, the term ``person'' includes a corporation or 
other legal entity; and
    (ii) A historical captain. A historical captain means an operator 
who meets all of the following qualifications:
    (A) From November 6, 1989, through 1993, fished solely under verbal 
or written share agreements with an owner, and such agreements provided 
for the operator to be responsible for hiring the crew, who was paid 
from the share under his or her control.
    (B) Landed from that vessel at least 5,000 lb (2,268 kg) of red 
snapper per year in 2 of the 3 years 1990, 1991, and 1992.
    (C) Derived more than 50 percent of his or her earned income from 
commercial fishing, that is, sale of the catch, in each of the years 
1989 through 1993.
    (D) Landed red snapper prior to November 7, 1989.
    (2) Initial shares. (i) Initial shares are apportioned to initial 
shareholders based on each shareholder's average of the top 2 years' 
landings in 1990, 1991, and 1992. However, no person who is an initial 
shareholder under paragraph (c)(1) of this section will receive an 
initial percentage share that will amount to less than 100 lb (45.36 
kg), round weight, of red snapper (90 lb (41 kg), eviscerated weight).
    (ii) The percentage shares remaining after the minimum shares have 
been calculated under paragraph (c)(2)(i) of this section are 
apportioned based on each remaining shareholder's average of the top 2 
years' landings in 1990, 1991, and 1992. In a case where a landing is 
associated with an owner and a historical captain, such landing is 
apportioned between the owner and historical captain in accordance with 
the share agreement in effect at the time of the landing.
    (iii) The determinations of landings of red snapper during the 
period 1990 through 1992 and historical captain status are made in 
accordance with the data collected under Amendment 9 to the FMP. Those 
data identify each red snapper landing during the period 1990 through 
1992. Each landing is associated with an owner and, when an operator's 
earned income was used to qualify for the vessel permit at the time of 
the landing, with such operator. Where appropriate, a landing is also 
associated with a historical captain. However, a red snapper landings 
record during that period that is associated solely with an owner may be 
retained by that owner or transferred as follows:
    (A) An owner of a vessel with a valid commercial permit for Gulf 
reef fish on August 29, 1995, who transferred a vessel permit to another 
vessel owned by him or her will retain the red snapper landings record 
for the previous vessel.
    (B) An owner of a vessel with a valid commercial permit for Gulf 
reef fish on August 29, 1995, will retain the landings record of a 
permitted vessel if the vessel had a change of ownership to another 
entity without a substantive change in control of the vessel. It will be 
presumed that there was no substantive change in control of a vessel if 
a successor in interest received at least a 50 percent interest in the 
vessel as a result of the change of ownership whether the change of 
ownership was--
    (1) From a closely held corporation to its majority shareholder;
    (2) From an individual who became the majority shareholder of a 
closely held corporation receiving the vessel;

[[Page 157]]

    (3) Between closely held corporations with a common majority 
shareholder; or
    (4) From one to another of the following: Husband, wife, son, 
daughter, brother, sister, mother, or father.
    (C) In other cases of transfer of a permit through change of 
ownership of a vessel, an owner of a vessel with a valid commercial 
permit for Gulf reef fish on August 29, 1995, will receive credit for 
the landings record of the vessel before his or her ownership only if 
there is a legally binding agreement for transfer of the landings 
record.
    (iv) Requests for transfers of landings records must be submitted to 
the RD and must be postmarked not later than December 14, 1995. The RD 
may require documentation supporting such request. After considering 
requests for transfers of landings records, the RD will advise each 
initial shareholder or applicant of his or her tentative allocation of 
shares.
    (3) Notification of status. The RD will advise each owner, operator, 
and historical captain for whom NMFS has a record of a red snapper 
landing during the period 1990 through 1992, including those who 
submitted such record under Amendment 9 to the FMP, of his or her 
tentative status as an initial shareholder and the tentative landings 
record that will be used to calculate his or her initial share.
    (4) Appeals. (i) A special advisory panel, appointed by the GMFMC to 
function as an appeals board, will consider written requests from 
persons who contest their tentative status as an initial shareholder, 
including historical captain status, or tentative landings record. In 
addition to considering written requests, the board may allow personal 
appearances by such persons before the board.
    (ii) The panel is only empowered to consider disputed calculations 
or determinations based on documentation submitted under Amendment 9 to 
the FMP regarding landings of red snapper during the period 1990 through 
1992, including transfers of such landings records, or regarding 
historical captain status. In addition, the panel may consider 
applications and documentation of landings not submitted under Amendment 
9 if, in the board's opinion, there is justification for the late 
application and documentation. The board is not empowered to consider an 
application from a person who believes he or she should be eligible 
because of hardship or other factors.
    (iii) A written request for consideration by the board must be 
submitted to the RD, postmarked not later than December 27, 1995, and 
must contain documentation supporting the allegations that form the 
basis for the request.
    (iv) The board will meet as necessary to consider each request that 
is submitted in a timely manner. Members of the appeals board will 
provide their individual recommendations for each appeal to the GMFMC, 
which will in turn submit its recommendation to the RD. The board and 
the GMFMC will recommend whether the eligibility criteria, specified in 
Amendment 8 to the FMP and paragraphs (c)(1) and (c)(2) of this section, 
were correctly applied in each case, based solely on the available 
record including documentation submitted by the applicant. The GMFMC 
will also base its recommendation on the recommendations of the board. 
The RD will decide the appeal based on the above criteria and the 
available record, including documentation submitted by the applicant and 
the recommendation of the GMFMC. The RD will notify the appellant of his 
decision and the reason therefor, in writing, normally within 45 days of 
receiving the GMFMC's recommendation. The RD's decision will constitute 
the final administrative action by NMFS on an appeal.
    (v) Upon completion of the appeal process, the RD will issue share 
certificates to initial shareholders.
    (5) Transfers of shares. The following restrictions apply to the 
transfer of shares:
    (i) The transfer of shares is prohibited through September 30, 1996.
    (ii) From October 1, 1996, through September 30, 1997, shares may be 
transferred only to other persons who are initial shareholders and are 
U.S. citizens or permanent resident aliens.
    (d) Exceptions/additions to general measures. Other provisions of 
this part notwithstanding--
    (1) Management of the red snapper ITQ system extends to adjoining 
state

[[Page 158]]

waters in the manner stated in paragraphs (d)(2) and (d)(3) of this 
section.
    (2) For a dealer to receive red snapper harvested from state waters 
adjoining the Gulf EEZ by or possessed on board a vessel with a 
commercial permit for Gulf reef fish, the dealer permit for Gulf reef 
fish specified in Sec. 622.4(a)(4) must have been issued to the dealer.
    (3) A copy of the dealer's permit must accompany each vehicle that 
is used to pick up from a fishing vessel red snapper from adjoining 
state waters harvested by or possessed on board a vessel with a 
commercial permit for Gulf reef fish.
    (4) As a condition of a commercial vessel permit for Gulf reef fish, 
without regard to where red snapper are harvested or possessed, a vessel 
with such permit must comply with the red snapper ITQ requirements of 
paragraph (b) of this section; may not transfer or receive red snapper 
at sea; and must maintain red snapper with head and fins intact through 
landing, and the exceptions to that requirement contained in 
Sec. 622.38(d) do not apply to red snapper. Red snapper may be 
eviscerated, gilled, and scaled but must otherwise be maintained in a 
whole condition.
    (5) As a condition of a dealer permit for Gulf reef fish, as 
required under Sec. 622.4(a)(4) or under paragraph (d)(2) of this 
section, without regard to where red snapper are harvested or possessed, 
a permitted dealer must comply with the red snapper ITQ requirements of 
paragraph (b) of this section.
    (6) In any month that a red snapper is received, a dealer must 
submit the report required under Sec. 622.5(c)(3)(ii). The ``Fish 
House'' parts of red snapper individual transferable coupons, received 
during the month in accordance with paragraph (b) of this section, must 
be submitted to the SRD with the report.
    (7) It is unlawful for a person to do any of the following:
    (i) Receive red snapper from a fishing vessel without a dealer 
permit for Gulf reef fish.
    (ii) Fail to carry a copy of the dealer's permit, as specified in 
paragraph (d)(3) of this section.
    (iii) Fail to comply with a condition of a permit, as specified in 
paragraph (d)(4) or (d)(5) of this section.
    (iv) Fail to report red snapper received, as specified in paragraph 
(d)(6) of this section.

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



Sec. 622.17  South Atlantic golden crab controlled access.

    (a) General. In accordance with the procedures specified in the 
Fishery Management Plan for the Golden Crab Fishery of the South 
Atlantic Region, initial vessel permits have been issued for the 
fishery. No additional permits may be issued.
    (b) Fishing zones. (1) The South Atlantic EEZ is divided into three 
fishing zones for golden crab. 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 (727-570-5344) in advance and does not fish 
in an unpermitted zone. The designated fishing zones are as follows:
    (i) Northern zone--the South Atlantic EEZ north of 28 deg. N. lat.
    (ii) Middle zone--the South Atlantic EEZ from 25 deg. N. lat. to 
28 deg. N. lat.
    (iii) Southern zone--the South Atlantic EEZ south of 25 deg. N. lat.
    (2) An owner of a permitted vessel may request that NMFS change the 
zone specified on a permit from the middle or southern zone to the 
northern zone. A request for such change and the existing permit must be 
submitted from an owner of a permitted vessel to the RA.
    (c) Transfer. (1) An owner of a vessel with a valid golden crab 
permit may request that NMFS transfer the permit to another vessel by 
returning the existing permit(s) to the RA with an application for a 
permit for the replacement vessel.
    (2) To obtain a commercial vessel permit via transfer, the owner of 
the replacement vessel must submit to the RA 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.

[[Page 159]]

    (3) In addition to the provisions of paragraph (c)(2) of this 
section, the owner of a permitted vessel who has requested that NMFS 
transfer that permit to a smaller vessel (i.e., downsized) may 
subsequently request NMFS transfer that permit to a vessel of a length 
calculated from the length of the permitted vessel immediately prior to 
downsizing.
    (d) Renewal. In addition to the procedures and requirements of 
Sec. 622.4(h) for commercial vessel permit renewals, for a golden crab 
permit to be renewed, the SRD must have received reports for the 
permitted vessel, as required by Sec. 622.5(a)(1)(v), documenting that 
at least 5,000 lb (2,268 kg) of golden crab were landed from the South 
Atlantic EEZ by the permitted vessel during at least one of the two 12-
month periods immediately prior to the expiration date of the vessel 
permit.

[63 FR 57590, Oct. 28, 1998, as amended at 64 FR 59126, Nov. 2, 1999; 65 
FR 61116, Oct. 16, 2000]



Sec. 622.18  South Atlantic snapper-grouper limited access.

    (a) Applicability. Beginning December 14, 1998, the only valid 
commercial vessel permits for South Atlantic snapper-grouper are those 
that have been issued under the limited access criteria in this section. 
A vessel may have either a transferable commercial permit or a trip-
limited commercial permit for South Atlantic snapper-grouper.
    (b) Initial eligibility. A vessel is eligible for an initial limited 
access commercial permit for South Atlantic snapper-grouper if the owner 
owned a vessel with a commercial vessel permit for South Atlantic 
snapper-grouper at any time from February 11, 1996, through February 11, 
1997, and owned a permitted vessel that had at least one landing of 
snapper-grouper from the South Atlantic from January 1, 1993, through 
August 20, 1996, as reported on fishing vessel logbooks received by the 
SRD on or before August 20, 1996. An owner whose permitted vessels had 
landings of snapper-grouper from the South Atlantic of at least 1,000 lb 
(453.6 kg), whole weight, in any one of the years 1993, 1994, or 1995, 
or in 1996 through August 20, as reported on fishing vessel logbooks 
received by the SRD on or before August 20, 1996, is eligible for an 
initial transferable permit. All other qualifying owners are eligible 
for an initial trip-limited permit.
    (c) Determinations of eligibility--(1) Permit history. The sole 
basis for determining whether a vessel had a commercial vessel permit 
for South Atlantic snapper-grouper at any time from February 11, 1996, 
through February 11, 1997, is NMFS' permit records. An owner of a 
currently permitted vessel who believes he/she meets the February 11, 
1996, through February 11, 1997, permit history criterion based on 
ownership of a vessel under a different name, as may have occurred when 
ownership has changed from individual to corporate or vice versa, must 
document his/her continuity of ownership. No more than one owner of a 
currently permitted vessel will be credited with meeting the permit 
history criterion based on a vessel's permit history.
    (2) Landings. (i) Landings of snapper-grouper from the South 
Atlantic during the qualifying period are determined from fishing vessel 
logbooks received by the SRD on or before August 20, 1996. State trip 
ticket data may be considered in support of claimed landings provided 
such trip ticket data were received by the state on or before September 
20, 1996.
    (ii) Only landings when a vessel had a valid commercial permit for 
snapper-grouper and only landings that were harvested, landed, and sold 
in compliance with state and Federal regulations may be used to 
establish eligibility.
    (iii) For the purpose of eligibility for a limited access commercial 
permit for snapper-grouper, the owner of a vessel that had a commercial 
snapper-grouper permit during the qualifying period retains the snapper-
grouper landings record of that vessel during the time of his/her 
ownership unless a sale of the vessel included a written agreement that 
credit for such landings was transferred to the new owner. Such transfer 
of credit must be for the vessel's entire record of landings of snapper-
grouper from the South Atlantic.
    (d) Implementation procedures--(1) Notification of status. On or 
about July 27, 1998, the RA will notify each owner of a vessel that had 
a commercial permit

[[Page 160]]

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 RA.
    (2) Applications. (i) An owner of a vessel who desires a limited 
access commercial permit for South Atlantic snapper-grouper must submit 
an application for such permit postmarked or hand-delivered not later 
than October 14, 1998. Failure to apply in a timely manner will preclude 
permit issuance even when the vessel owner meets the eligibility 
criteria for such permit.
    (ii) A vessel owner who agrees with NMFS' initial determination of 
eligibility, including type of permit (transferable or trip-limited), 
need provide no documentation of eligibility with his/her application.
    (iii) A vessel owner who disagrees with the initial determination of 
eligibility or type of permit must specify the type of permit applied 
for and provide documentation of eligibility. Documentation and other 
information submitted on or with an application are subject to 
verification by comparison with state, Federal, and other records and 
information. Submission of false documentation or information may 
disqualify an owner from initial participation in the limited access 
commercial South Atlantic snapper-grouper fishery and is a violation of 
the regulations in this part.
    (iv) If an application that is postmarked or hand delivered in a 
timely manner is incomplete, the RA will notify the vessel owner of the 
deficiency. If the owner fails to correct the deficiency within 20 days 
of the date of the RA's notification, the application will be considered 
abandoned.
    (3) Issuance. (i) If a complete application is submitted in a timely 
manner and the eligibility requirements specified in paragraph (b) of 
this section are met, the RA will issue an initial commercial vessel 
permit, transferable or trip-limited, as appropriate, and mail it to the 
vessel owner not later than December 3, 1998.
    (ii) If the eligibility requirements specified in paragraph (b) of 
this section are not met, the RA will notify the vessel owner, in 
writing, not later than November 13, 1998 of such determination and the 
reasons for it.
    (4) Reconsideration. (i) A vessel owner may request reconsideration 
of the RA's determination regarding initial permit eligibility by 
submitting a written request for reconsideration to the RA. Such request 
must be postmarked or hand delivered within 20 days of the date of the 
RA's notification denying initial permit issuance and must provide 
written documentation supporting permit eligibility.
    (ii) Upon receipt of a request for reconsideration, the RA will 
forward the initial application, the RA's response to that application, 
the request for reconsideration, and pertinent records to an Application 
Oversight Board consisting of state directors (or their designees) from 
each state in the Council's area of jurisdiction. Upon request, a vessel 
owner may make a personal appearance before the Application Oversight 
Board.
    (iii) If reconsideration by the Application Oversight Board is 
requested, such request constitutes the vessel owner's written 
authorization under section 402(b)(1)(F) of the Magnuson-Stevens Act for 
the RA to make available to the Application Oversight Board members such 
confidential catch and other records as are pertinent to the matter 
under reconsideration.
    (iv) The Application Oversight Board may only deliberate whether the 
eligibility criteria specified in paragraph (b) of this section were 
applied correctly in the vessel owner's case, based solely on the 
available record, including documentation submitted by the owner. The 
Application Oversight Board may not consider whether an owner should 
have been eligible for a commercial vessel permit because of

[[Page 161]]

hardship or other factors. The Application Oversight Board members will 
provide individual recommendations for each application for 
reconsideration to the RA.
    (v) The RA 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 RA may not consider whether a vessel owner should have been 
eligible for a commercial vessel permit because of hardship or other 
factors. The RA 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 RA's decision will constitute 
the final administrative action by NMFS.
    (e) Transfers of permits. A snapper-grouper limited access permit is 
valid only for the vessel and owner named on the permit. To change 
either the vessel or the owner, an application for transfer must be 
submitted to the RA.
    (1) Transferable permits. (i) An owner of a vessel with a 
transferable permit may request that the RA transfer the permit to 
another vessel owned by the same entity.
    (ii) A transferable permit may be transferred upon a change of 
ownership of a permitted vessel with such permit from one to another of 
the following: Husband, wife, son, daughter, brother, sister, mother, or 
father.
    (iii) A transferable permit may be transferred to a vessel whose 
owner had, as of August 20, 1996, a written contract for the purchase of 
a vessel that included a provision transferring to the new owner the 
rights to any limited access permit to which the former owner might 
become entitled under the provisions for initial issue of limited access 
permits. To be considered, any such written contract must be submitted 
to the RA postmarked or hand-delivered on or before December 14, 1998.
    (iv) Except as provided in paragraphs (e)(1)(i), (ii), and (iii) of 
this section, a person desiring to acquire a limited access, 
transferable permit for South Atlantic snapper-grouper must obtain and 
exchange two such permits for one new permit.
    (v) A transfer of a permit that is undertaken under paragraph 
(e)(1)(ii), (e)(1)(iii), or (e)(1)(iv) of this section will constitute a 
transfer of the vessel's entire catch history to the new owner.
    (2) Trip-limited permits. An owner of a vessel with a triplimited 
permit may request that the RA transfer the permit to another vessel 
owned by the same entity.
    (f) Renewal. NMFS will not reissue a commercial vessel permit for 
South Atlantic snapper-grouper if the permit is revoked or if the RA 
does not receive an application for renewal within 60 days of the 
permit's expiration date.

[63 FR 38301, July 16, 1998, as amended at 64 FR 59126, Nov. 2, 1999; 65 
FR 51252, Aug. 23, 2000]



                     Subpart C--Management Measures



Sec. 622.30  Fishing years.

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

[61 FR 34934, July 3, 1996, as amended at 64 FR 3627, Jan. 25, 1999]



Sec. 622.31  Prohibited gear and methods.

    In addition to the prohibited gear/methods specified in this 
section, see Secs. 622.33, 622.34, and 622.35 for seasonal/area 
prohibited gear/methods and

[[Page 162]]

Sec. 622.41 for species specific authorized and unauthorized gear/
methods.
    (a) Explosives. An explosive (except an explosive in a powerhead) 
may not be used to fish in the Caribbean, Gulf, or South Atlantic EEZ. A 
vessel fishing in the EEZ for a species governed in this part, or a 
vessel for which a permit has been issued under Sec. 622.4, may not have 
on board any dynamite or similar explosive substance.
    (b) Chemicals and plants. A toxic chemical may not be used or 
possessed in a coral area, and a chemical, plant, or plant-derived toxin 
may not be used to harvest a Caribbean coral reef resource in the 
Caribbean EEZ.
    (c) Fish traps. (1) A fish trap may not be used in the South 
Atlantic EEZ.
    (2) A fish trap may not be used or possessed in the Gulf EEZ west of 
85 deg.30' W. long. and, after February 7, 2007, may not be used or 
possessed in the Gulf EEZ.
    (3) A fish trap used other than where authorized in paragraph (c) 
(1) or (2) of this section may be disposed of in any appropriate manner 
by the Assistant Administrator or an authorized officer.
    (d) Longlines for wreckfish. A bottom longline may not be used to 
fish for wreckfish in the South Atlantic EEZ. A person aboard a vessel 
that has a longline on board may not retain a wreckfish in or from the 
South Atlantic EEZ. For the purposes of this paragraph, a vessel is 
considered to have a longline on board when a power-operated longline 
hauler, a cable of diameter suitable for use in the longline fishery 
longer than 1.5 mi (2.4 km) on any reel, and gangions are on board. 
Removal of any one of these three elements constitutes removal of a 
longline.
    (e) Poisons. (1) A poison, drug, or other chemical may not be used 
to fish for Caribbean reef fish in the Caribbean EEZ.
    (2) A poison may not be used to take Gulf reef fish in the Gulf EEZ.
    (3) A poison may not be used to fish for South Atlantic snapper-
grouper in the South Atlantic EEZ.
    (f) Power-assisted tools. A power-assisted tool may not be used in 
the Caribbean EEZ to take a Caribbean coral reef resource or in the Gulf 
or South Atlantic EEZ to take allowable octocoral, prohibited coral, or 
live rock.
    (g) Powerheads. A powerhead may not be used in the Caribbean EEZ to 
harvest Caribbean reef fish or in the EEZ off South Carolina to harvest 
South Atlantic snapper-grouper. The possession of a mutilated Caribbean 
reef fish in or from the Caribbean EEZ, or a mutilated South Atlantic 
snapper-grouper in or from the EEZ off South Carolina, and a powerhead 
is prima facie evidence that such fish was harvested by a powerhead.
    (h) Rebreathers and spearfishing gear. In the South Atlantic EEZ, a 
person using a rebreather may not harvest South Atlantic snapper-grouper 
with spearfishing gear. The possession of such snapper-grouper while in 
the water with a rebreather is prima facie evidence that such fish was 
harvested with spearfishing gear while using a rebreather.
    (i) Sea bass pots. A sea bass pot may not be used in the South 
Atlantic EEZ south of 28 deg.35.1' N. lat. (due east of the NASA Vehicle 
Assembly Building, Cape Canaveral, FL). A sea bass pot deployed in the 
EEZ south of 28 deg.35.1' N. lat. may be disposed of in any appropriate 
manner by the Assistant Administrator or an authorized officer.
    (j) Spears and hooks. A spear, hook, or similar device may not be 
used in the Caribbean EEZ to harvest a Caribbean spiny lobster. The 
possession of a speared, pierced, or punctured Caribbean spiny lobster 
in or from the Caribbean EEZ is prima facie evidence of violation of 
this section.

[61 FR 34934, July 3, 1996, as amended at 62 FR 13987, Mar. 25, 1997; 63 
FR 10567, Mar. 4, 1998; 63 FR 57590, Oct. 28, 1998]



Sec. 622.32  Prohibited and limited-harvest species.

    (a) General. The harvest and possession restrictions of this section 
apply without regard to whether the species is harvested by a vessel 
operating under a commercial vessel permit. The operator of a vessel 
that fishes in the EEZ is responsible for the limit applicable to that 
vessel.
    (b) Prohibited species. Prohibited species, by geographical area, 
are as follows:

[[Page 163]]

    (1) Caribbean. (i) Caribbean prohibited coral may not be fished for 
or possessed in or from the Caribbean EEZ. The taking of Caribbean 
prohibited coral in the Caribbean EEZ is not considered unlawful 
possession provided it is returned immediately to the sea in the general 
area of fishing.
    (ii) Foureye, banded, and longsnout butterflyfish; jewfish; Nassau 
grouper; and seahorses may not be harvested or possessed in or from the 
Caribbean EEZ. Such fish caught in the Caribbean EEZ must be released 
immediately with a minimum of harm.
    (iii) Egg-bearing spiny lobster in the Caribbean EEZ must be 
returned to the water unharmed. An egg-bearing spiny lobster may be 
retained in a trap, provided the trap is returned immediately to the 
water. An egg-bearing spiny lobster may not be stripped, scraped, 
shaved, clipped, or in any other manner molested, in order to remove the 
eggs.
    (2) Gulf. (i) Gulf and South Atlantic prohibited coral taken as 
incidental catch in the Gulf EEZ must be returned immediately to the sea 
in the general area of fishing. In fisheries where the entire catch is 
landed unsorted, such as the scallop and groundfish fisheries, unsorted 
prohibited coral may be landed ashore; however, no person may sell or 
purchase such prohibited coral.
    (ii) Jewfish may not be harvested or possessed in or from the Gulf 
EEZ.
    (iii) Red drum and Nassau grouper may not be harvested or possessed 
in or from the Gulf EEZ. Such fish caught in the Gulf EEZ must be 
released immediately with a minimum of harm.
    (3) Mid-Atlantic. Red drum may not be harvested or possessed in or 
from the Mid-Atlantic EEZ south of a line extending in a direction of 
115 deg. from true north commencing at a point at 40 deg.29.6' N. lat., 
73 deg.54.1' W. long., such point being the intersection of the New 
Jersey/New York boundary with the 3- nm line denoting the seaward limit 
of state waters. Red drum caught in such portion of the Mid-Atlantic EEZ 
must be released immediately with a minimum of harm.
    (4) South Atlantic. (i) Gulf and South Atlantic prohibited coral 
taken as incidental catch in the South Atlantic EEZ must be returned 
immediately to the sea in the general area of fishing. In fisheries 
where the entire catch is landed unsorted, such as the scallop and 
groundfish fisheries, unsorted prohibited coral may be landed ashore; 
however, no person may sell or purchase such prohibited coral.
    (ii) Jewfish and Nassau grouper may not be harvested or possessed in 
or from the South Atlantic EEZ. Jewfish and Nassau grouper taken in the 
South Atlantic EEZ incidentally by hook-and-line must be released 
immediately by cutting the line without removing the fish from the 
water.
    (iii) Red drum may not be harvested or possessed in or from the 
South Atlantic EEZ. Red drum caught in the South Atlantic EEZ must be 
released immediately with a minimum of harm.
    (iv) Wild live rock may not be harvested or possessed in the South 
Atlantic EEZ.
    (v) It is intended that no female golden crabs in or from the South 
Atlantic EEZ be retained on board a vessel and that any female golden 
crab in or from the South Atlantic EEZ be released in a manner that will 
ensure maximum probability of survival. However, to accommodate 
legitimate incidental catch and retention, the number of female golden 
crabs in or from the South Atlantic EEZ retained on board a vessel may 
not exceed 0.5 percent, by number, of all golden crabs on board. See 
Sec. 622.45(f)(1) regarding the prohibition of sale of female golden 
crabs.
    (vi) South Atlantic snapper-grouper may not be possessed in whole, 
gutted, or filleted form by a person aboard a vessel fishing for or 
possessing golden crab in or from the South Atlantic EEZ or possessing a 
golden crab trap in the South Atlantic. Only the head, fins, and 
backbone (collectively the ``rack'') of South Atlantic snapper-grouper 
may be possessed for use as bait.
    (c) Limited-harvest species. A person who fishes in the EEZ may not 
combine a harvest limitation specified in this paragraph (c) with a 
harvest limitation applicable to state waters. A species subject to a 
harvest limitation specified in this paragraph (c) taken in the EEZ may 
not be transferred at sea, regardless of where such transfer takes 
place, and such species may not be transferred in the EEZ.

[[Page 164]]

    (1) Cobia. No person may possess more than two cobia per day in or 
from the Gulf, Mid-Atlantic, or South Atlantic EEZ, regardless of the 
number of trips or duration of a trip.
    (2) Cubera snapper. No person may harvest more than two cubera 
snapper measuring 30 inches (76.2 cm), TL, or larger, per day in the 
South Atlantic EEZ off Florida and no more than two such cubera snapper 
in or from the South Atlantic EEZ off Florida may be possessed on board 
a vessel at any time.
    (3) Speckled hind and warsaw grouper. The possession of speckled 
hind and warsaw grouper in or from the South Atlantic EEZ is limited to 
one of each per vessel per trip.

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



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

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

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

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

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

    (ii) West of Puerto Rico--(A) Bajo de Cico.

------------------------------------------------------------------------
       Point                North lat.                 West long.
------------------------------------------------------------------------
A.................  18 deg.15.7'.............  67 deg.26.4'
B.................  18 deg.15.7'.............  67 deg.23.2'
C.................  18 deg.12.7'.............  67 deg.23.4'
D.................  18 deg.12.7'.............  67 deg.26.4'
A.................  18 deg.15.7'.............  67 deg.26.47
------------------------------------------------------------------------

    (B) Tourmaline Bank.

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

    (C) Abrir La Sierra Bank.

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

    (3) Queen conch closure. From July 1 through September 30, each 
year, no person may fish for queen conch in the Caribbean EEZ and no 
person may possess on board a fishing vessel a queen conch in or from 
the Caribbean EEZ.
    (b) Year-round area closures. (1) Hind Bank Marine Conservation 
District (MCD). The following activities are prohibited within the Hind 
Bank MCD: Fishing for any species, and anchoring by fishing vessels. The 
Hind Bank MCD is bounded by rhumb lines connecting, in order, the points 
listed.

------------------------------------------------------------------------
       Point                North lat.                 West long.
------------------------------------------------------------------------
A.................  18 deg.13.2'.............  65 deg.06.0'
B.................  18 deg.13.2'.............  64 deg.59.0'
C.................  18 deg.11.8'.............  64 deg.59.0'
D.................  18 deg.10.7'.............  65 deg.06.0'
A.................  18 deg.13.2'.............  65 deg.06.0'
------------------------------------------------------------------------

    (2) [Reserved]

[64 FR 60133, Nov. 4, 1999]



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

    (a) Alabama SMZ. The Alabama SMZ consists of artificial reefs and 
surrounding areas. In the Alabama SMZ, fishing by a vessel that is 
operating as a charter vessel or headboat, a vessel that does not have a 
commercial permit for Gulf reef fish, as required under 
Sec. 622.4(a)(2), or a vessel with such a permit fishing for Gulf reef 
fish is limited to hook-and-line gear with three or

[[Page 165]]

fewer hooks per line and spearfishing gear. A person aboard a vessel 
that uses on any trip gear other than hook-and-line gear with three or 
fewer hooks per line and spearfishing gear in the Alabama SMZ is limited 
on that trip to the bag limits for Gulf reef fish specified in 
Sec. 622.39(b) and, for Gulf reef fish for which no bag limit is 
specified in Sec. 622.39(b), the vessel is limited to 5 percent, by 
weight, of all fish on board or landed. The Alabama SMZ is bounded by 
rhumb lines connecting, in order, the following points:

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

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

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

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

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

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

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

    (1) Zone I is enclosed by rhumb lines connecting, in order, points 
A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points A 
and J. It is unlawful to trawl in that part of Zone I that is in the EEZ 
from October 5 through May 20, each year.
    (2) Zone II is enclosed by rhumb lines connecting, in order, points 
J, I, H, K, L, and M, plus the shoreline between points J and M.
    (3) Zone III is enclosed by rhumb lines connecting, in order, points 
P, Q, R, U, S, and P. It is unlawful to trawl in that part of Zone III 
that is in the EEZ from October 5 through May 20, each year.

[[Page 166]]

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

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

    (g) Reef fish stressed area. The stressed area is that part of the 
Gulf EEZ shoreward of rhumb lines connecting, in order, the points 
listed in Table 2, in Appendix B of this part.
    (1) A powerhead may not be used in the stressed area to take Gulf 
reef fish. Possession of a powerhead and a mutilated Gulf reef fish in 
the stressed area or after having fished in the stressed area 
constitutes prima facie evidence that such reef fish was taken with a 
powerhead in the stressed area. The provisions of this paragraph do not 
apply to the following species: dwarf sand perch, hogfish, and sand 
perch.
    (2) A roller trawl may not be used in the stressed area. Roller 
trawl means a trawl net equipped with a series of large, solid rollers 
separated by several smaller spacer rollers on a separate cable or line 
(sweep) connected to the footrope, which makes it possible to fish the 
gear over rough bottom, that is, in areas unsuitable for fishing 
conventional shrimp trawls. Rigid framed trawls adapted for shrimping 
over uneven bottom, in wide use along the west coast of Florida, and 
shrimp trawls with hollow plastic rollers for fishing on soft bottoms, 
are not considered roller trawls.
    (3) A fish trap may not be used in the stressed area. A fish trap 
used in the stressed area will be considered unclaimed or abandoned 
property and may be disposed of in any appropriate manner by the 
Assistant Administrator (including an authorized officer).
    (h) Texas closure. (1) From 30 minutes after official sunset on May 
15 to 30 minutes after official sunset on July 15, trawling, except 
trawling for royal red shrimp beyond the 100-fathom (183-m) depth 
contour, is prohibited in the Gulf EEZ off Texas.
    (2) In accordance with the procedures and restrictions of the 
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico, 
the RA may adjust the closing and/or opening date of the Texas closure 
to provide an earlier, later, shorter, or longer closure, but the 
duration of the closure may not exceed 90 days or be less than 45 days. 
Notification of the adjustment of the closing or opening date will be 
published in the Federal Register.
    (i) Tortugas shrimp sanctuary. (1) The Tortugas shrimp sanctuary is 
closed to trawling. The Tortugas shrimp sanctuary is that part of the 
EEZ off Florida shoreward of rhumb lines connecting, in order, the 
following points:

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

    (2) The provisions of paragraph (i)(1) of this section 
notwithstanding--
    (i) Effective from April 11 through September 30, each year, that 
part of

[[Page 167]]

the Tortugas shrimp sanctuary seaward of rhumb lines connecting the 
following points is open to trawling: From point T at 24 deg.47.8' N. 
lat., 82 deg.01.0' W. long. to point U at 24 deg.43.83' N. lat., 
82 deg.01.0' W. long. (on the line denoting the seaward limit of 
Florida's waters); thence along the seaward limit of Florida's waters, 
as shown on the current edition of NOAA chart 11439, to point V at 
24 deg.42.55' N. lat., 82 deg.15.0' W. long.; thence north to point W at 
24 deg.43.6' N. lat., 82 deg.15.0' W. long.
    (ii) Effective from April 11 through July 31, each year, that part 
of the Tortugas shrimp sanctuary seaward of rhumb lines connecting the 
following points is open to trawling: From point W to point V, both 
points as specified in paragraph (i)(2)(i) of this section, to point G, 
as specified in paragraph (i)(1) of this section.
    (iii) Effective from May 26 through July 31, each year, that part of 
the Tortugas shrimp sanctuary seaward of rhumb lines connecting the 
following points is open to trawling: From point F, as specified in 
paragraph (i)(1) of this section, to point Q at 24 deg.46.7' N. lat., 
81 deg.52.2' W. long. (on the line denoting the seaward limit of 
Florida's waters); thence along the seaward limit of Florida's waters, 
as shown on the current edition of NOAA chart 11439, to point U and 
north to point T, both points as specified in paragraph (i)(2)(i) of 
this section.
    (j) West and East Flower Garden Banks HAPC. Fishing with a bottom 
longline, bottom trawl, dredge, pot, or trap is prohibited year-round in 
the HAPC. The West and East Flower Garden Banks are geographically 
centered at 27 deg.52'14.21" N. lat., 93 deg.48'54.79" W. long. and 
27 deg.55'07.44" N. lat., 93 deg.36'08.49"W. long., respectively. The 
HAPC extends from these centers to the 50-fathom (300-ft) (91.4-m) 
isobath.
    (k) Closure of the Madison and Swanson sites and Steamboat Lumps. No 
person may fish within the Madison and Swanson sites or Steamboat Lumps 
for any species of fish except highly migratory species. Highly 
migratory species means tuna species, marlin (Tetrapturus spp. and 
Makaira spp.), oceanic sharks, sailfishes (Istiophorus spp.), and 
swordfish (Xiphias gladius). This prohibition is effective through June 
16, 2004. For the purpose of this paragraph (k), fish means finfish, 
mollusks, crustaceans, and all other forms of marine animal and plant 
life other than marine mammals and birds. The Madison and Swanson sites 
are bounded by rhumb lines connecting, in order, the following points:

 
------------------------------------------------------------------------
               Point                    North lat.         West long.
------------------------------------------------------------------------
A.................................         29 deg.17'         85 deg.50'
B.................................         29 deg.17'         85 deg.38'
C.................................         29 deg.06'         85 deg.38'
D.................................         29 deg.06'         85 deg.50'
A.................................         29 deg.17'         85 deg.50'
------------------------------------------------------------------------

    Steamboat Lumps is bounded by rhumb lines connecting, in order, the 
following points:

 
------------------------------------------------------------------------
               Point                    North lat.         West long.
------------------------------------------------------------------------
A.................................         28 deg.14'         84 deg.48'
B.................................         28 deg.14'         84 deg.37'
C.................................         28 deg.03'         84 deg.37'
D.................................         28 deg.03'         84 deg.48'
A.................................         28 deg.14'         84 deg.48'
------------------------------------------------------------------------

    (l) Closures of the commercial fishery for red snapper. The 
commercial fishery for red snapper in or from the Gulf EEZ is closed 
from January 1 to noon on February 1 and thereafter from noon on the 
10th of each month to noon on the first of each succeeding month until 
the quota specified in Sec. 622.42(a)(1)(i)(A) is reached or until noon 
on October 1, whichever occurs first. From October 1 to December 1, the 
commercial fishery for red snapper in or from the Gulf EEZ is closed 
from noon on the 10th of each month to noon on the first of each 
succeeding month until the quota specified in Sec. 622.42(a)(1)(i)(B) is 
reached or until the end of the fishing year, whichever occurs first. 
All times are local times. During these closed periods, the possession 
of red snapper in or from the Gulf EEZ and in the Gulf on board a vessel 
for which a commercial permit for Gulf reef fish has been issued, as 
required under Sec. 622.4(a)(2)(v), without regard to where such red 
snapper were harvested, is limited to the bag and possession limits, as 
specified in Sec. 622.39(b)(1)(iii) and (b)(2), respectively, and such 
red snapper are subject to the prohibition

[[Page 168]]

on sale or purchase of red snapper possessed under the bag limit, as 
specified in Sec. 622.45(c)(1). However, when the recreational quota for 
red snapper has been reached and the bag and possession limit has been 
reduced to zero, the limit for such possession during a closed period is 
zero.
    (m) Closures of the recreational fishery for red snapper. The 
recreational fishery for red snapper in or from the Gulf EEZ is closed 
from January 1 through April 20 and from November 1 through December 31. 
During a closure, the bag and possession limit for red snapper in or 
from the Gulf EEZ is zero.
    (n) [Reserved]
    (o) Seasonal closure of the commercial fishery for gag, red grouper, 
and black grouper. From February 15 to March 15, each year, no person 
aboard a vessel for which a valid Federal commercial permit for Gulf 
reef fish has been issued may possess gag, red grouper, or black grouper 
in the Gulf, regardless of where harvested. However, a person aboard a 
vessel for which the permit indicates both charter vessel/headboat for 
Gulf reef fish and commercial Gulf reef fish may continue to retain gag, 
red grouper, and black grouper under the bag and possession limit 
specified in Sec. 622.39(b), provided the vessel is operating as a 
charter vessel or headboat. From February 15 until March 15, each year, 
the sale or purchase of gag, red grouper, or black grouper is prohibited 
as specified in Sec. 622.45(c)(4).
    (p) Closures of the Gulf group king mackerel gillnet fishery. The 
gillnet fishery for Gulf group king mackerel in or from the Gulf EEZ is 
closed each fishing year from July 1 until 6:00 a.m. on the day after 
the Martin Luther King Jr. Federal holiday. The gillnet fishery also is 
closed during all subsequent weekends and observed Federal holidays, 
except for the first weekend following the Martin Luther King Jr. 
holiday which will remain open to the gillnet fishery provided a 
notification of closure of that fishery has not been filed under 
Sec. 622.43(a). Weekend closures are effective from 6:00 a.m. Saturday 
to 6:00 a.m. Monday. Holiday closures are effective from 6:00 a.m. on 
the observed Federal holiday to 6:00 a.m. the following day. All times 
are eastern standard time. During these closures, a person aboard a 
vessel using or possessing a gillnet with a stretched-mesh size of 4.75 
inches (12.1 cm) or larger in the southern Florida west coast subzone 
may not fish for or possess Gulf group king mackerel.

[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; 64 FR 47713, Sept. 1, 1999; 64 FR 57404, Oct. 25, 1999; 
64 FR 59126, Nov. 2, 1999; 65 FR 30363, May 11, 2000; 65 FR 31830, May 
19, 2000; 65 FR 50162, Aug. 17, 2000]



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

    (a) Allowable octocoral closed area. No person may harvest or 
possess allowable octocoral in the South Atlantic EEZ north of 
28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly Building, 
Cape Canaveral, FL).
    (b) Longline closed areas. A longline may not be used to fish in the 
EEZ for South Atlantic snapper-grouper south of 27 deg.10' N. lat. (due 
east of the entrance to St. Lucie Inlet, FL); or north of 27 deg.10' N. 
lat. where the charted depth is less than 50 fathoms (91.4 m), as shown 
on the latest edition of the largest scale NOAA chart of the location. A 
person aboard a vessel with a longline on board that fishes on a trip in 
the South Atlantic EEZ south of 27 deg.10' N. lat., or north of 
27 deg.10' N. lat. where the charted depth is less than 50 fathoms (91.4 
m), is limited on that trip to the bag limit for South Atlantic snapper-
grouper for which a bag limit is specified in Sec. 622.39(d)(1), and to 
zero for all other South Atlantic snapper-grouper. For the purpose of 
this paragraph, a vessel is considered to have a longline on board when 
a power-operated longline hauler, a cable or monofilament of diameter 
and length suitable for use in the longline fishery, and gangions are on 
board. Removal of any one of these three elements constitutes removal of 
a longline.
    (c) Oculina Bank--(1) HAPC. The Oculina Bank HAPC encompasses an 
area bounded on the north by 28 deg.30' N. lat., on the south by 
27 deg.30' N. lat., on the east by the 100-fathom (183-m) contour, as 
shown on the latest edition of NOAA chart 11460, and on the west by 
80 deg.00' W. long.; and two adjacent areas: the first bounded on the 
north by 28 deg.30'

[[Page 169]]

N. lat., on the south by 28 deg.29' N. lat., on the east by 80 deg.00' 
W. long., and on the west by 80 deg.03' W. long.; and the second bounded 
on the north by 28 deg.17' N. lat., on the south by 28 deg.16' N. lat., 
on the east by 80 deg.00 W. long., and on the west by 80 deg.03' W. 
long. In the Oculina Bank HAPC, no person may:
    (i) Use a bottom longline, bottom trawl, dredge, pot, or trap.
    (ii) If aboard a fishing vessel, anchor, use an anchor and chain, or 
use a grapple and chain.
    (iii) Fish for rock shrimp or possess rock shrimp in or from the 
area on board a fishing vessel.
    (2) Experimental closed area. Within the Oculina Bank HAPC, the 
experimental closed area is bounded on the north by 27 deg.53' N. lat., 
on the south by 27 deg.30' N. lat., on the east by 79 deg.56' W. long., 
and on the west by 80 deg.00' W. long. No person may fish for South 
Atlantic snapper-grouper in the experimental closed area, and no person 
may retain South Atlantic snapper-grouper in or from the area. In the 
experimental closed area, any South Atlantic snapper-grouper taken 
incidentally by hook-and-line gear must be released immediately by 
cutting the line without removing the fish from the water.
    (d) South Atlantic shrimp cold weather closure. (1) Pursuant to the 
procedures and criteria established in the FMP for the Shrimp Fishery of 
the South Atlantic Region, when Florida, Georgia, North Carolina, or 
South Carolina closes all or a portion of its waters of the South 
Atlantic to the harvest of brown, pink, and white shrimp, the Assistant 
Administrator may concurrently close the South Atlantic EEZ adjacent to 
the closed state waters by filing a notification of closure with the 
Office of the Federal Register. Closure of the adjacent EEZ will be 
effective until the ending date of the closure in state waters, but may 
be ended earlier based on the state's request. In the latter case, the 
Assistant Administrator will terminate a closure of the EEZ by filing a 
notification to that effect with the Office of the Federal Register.
    (2) During a closure, as specified in paragraph (d)(1) of this 
section--
    (i) No person may trawl for brown shrimp, pink shrimp, or white 
shrimp in the closed portion of the EEZ (closed area); and no person may 
possess on board a fishing vessel brown shrimp, pink shrimp, or white 
shrimp in or from a closed area, except as authorized in paragraph 
(d)(2)(iii) of this section.
    (ii) No person aboard a vessel trawling in that part of a closed 
area that is within 25 nm of the baseline from which the territorial sea 
is measured may use or have on board a trawl net with a mesh size less 
than 4 inches (10.2 cm), as measured between the centers of opposite 
knots when pulled taut.
    (iii) Brown shrimp, pink shrimp, or white shrimp may be possessed on 
board a fishing vessel in a closed area, provided the vessel is in 
transit and all trawl nets with a mesh size less than 4 inches (10.2 
cm), as measured between the centers of opposite knots when pulled taut, 
are stowed below deck while transiting the closed area. For the purpose 
of this paragraph, a vessel is in transit when it is on a direct and 
continuous course through a closed area.
    (e) SMZs. (1) The SMZs consist of artificial reefs and surrounding 
areas as follows:
    (i) Paradise Reef is bounded on the north by 33 deg.31.59' N. lat.; 
on the south by 33 deg.30.51' N. lat.; on the east by 78 deg.57.55' W. 
long.; and on the west by 78 deg.58.85' W. long.
    (ii) Ten Mile Reef is bounded on the north by 33 deg.26.65' N. lat.; 
on the south by 33 deg.24.80' N. lat.; on the east by 78 deg.51.08' W. 
long.; and on the west by 78 deg.52.97' W. long.
    (iii) Pawleys Island Reef is bounded on the north by 33 deg.26.58' 
N. lat.; on the south by 33 deg.25.76' N. lat.; on the east by 
79 deg.00.29' W. long.; and on the west by 79 deg.01.24' W. long.
    (iv) Georgetown Reef is bounded on the north by 33 deg.14.90' N. 
lat.; on the south by 33 deg.13.85' N. lat.; on the east by 
78 deg.59.45' W. long.; and on the west by 79 deg.00.65' W. long.
    (v) Capers Reef is bounded on the north by 32 deg.45.45' N. lat.; on 
the south by 32 deg.43.91' N. lat.; on the east by 79 deg.33.81' W. 
long.; and on the west by 79 deg.35.10' W. long.
    (vi) Kiawah Reef is bounded on the north by 32 deg.29.78' N. lat.; 
on the south by 32 deg.28.25' N. lat.; on the east by

[[Page 170]]

79 deg.59.00' W. long.; and on the west by 80 deg.00.95' W. long.
    (vii) Edisto Offshore Reef is bounded on the north by 32 deg.15.30' 
N. lat.; on the south by 32 deg.13.90' N. lat.; on the east by 
79 deg.50.25' W. long.; and on the west by 79 deg.51.45' W. long.
    (viii) Hunting Island Reef is bounded on the north by 32 deg.13.72' 
N. lat.; on the south by 32 deg.12.30' N. lat.; on the east by 
80 deg.19.23' W. long.; and on the west by 80 deg.21.00' W. long.
    (ix) Fripp Island Reef is bounded on the north by 32 deg.15.92' N. 
lat.; on the south by 32 deg.14.75' N. lat.; on the east by 
80 deg.21.62' W. long.; and on the west by 80 deg.22.90' W. long.
    (x) Betsy Ross Reef is bounded on the north by 32 deg.03.60' N. 
lat.; on the south by 32 deg.02.88' N. lat.; on the east by 
80 deg.24.57' W. long.; and on the west by 80 deg.25.50' W. long.
    (xi) Hilton Head Reef/Artificial Reef--T is bounded on the north by 
32 deg.00.71' N. lat.; on the south by 31 deg.59.42' N. lat.; on the 
east by 80 deg.35.23' W. long.; and on the west by 80 deg.36.37' W. 
long.
    (xii) Artificial Reef--A is bounded on the north by 30 deg.57.4' N. 
lat.; on the south by 30 deg.55.4' N. lat.; on the east by 81 deg.13.9' 
W. long.; and on the west by 81 deg.16.3' W. long.
    (xiii) Artificial Reef--C is bounded on the north by 30 deg.52.0' N. 
lat.; on the south by 30 deg.50.0' N. lat.; on the east by 81 deg.08.5' 
W. long.; and on the west by 81 deg.10.9' W. long.
    (xiv) Artificial Reef--G is bounded on the north by 31 deg.00.0' N. 
lat.; on the south by 30 deg.58.0' N. lat.; on the east by 80 deg.56.8' 
W. long.; and on the west by 80 deg.59.2' W. long.
    (xv) Artificial Reef--F is bounded on the north by 31 deg.06.8' N. 
lat.; on the south by 31 deg.04.8' N. lat.; on the east by 81 deg.10.5' 
W. long.; and on the west by 81 deg.13.4' W. long.
    (xvi) Artificial Reef--J is bounded on the north by 31 deg.36.7' N. 
lat.; on the south by 31 deg.34.7' N. lat.; on the east by 80 deg.47.3' 
W. long.; and on the west by 80 deg.50.1' W. long.
    (xvii) Artificial Reef--L is bounded on the north by 31 deg.46.0' N. 
lat.; on the south by 31 deg.44.0' N. lat.; on the east by 80 deg.34.7' 
W. long.; and on the west by 80 deg.37.1' W. long.
    (xviii) Artificial Reef--KC is bounded on the north by 31 deg.51.2' 
N. lat.; on the south by 31 deg.49.2' N. lat.; on the east by 
80 deg.45.3' W. long.; and on the west by 80 deg.47.7' W. long.
    (xix) Ft. Pierce Inshore Reef is bounded on the north by 
27 deg.26.8' N. lat.; on the south by 27 deg.25.8' N. lat.; on the east 
by 80 deg.09.24' W. long.; and on the west by 80 deg.10.36' W. long.
    (xx) Ft. Pierce Offshore Reef is bounded by rhumb lines connecting, 
in order, the following points:

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

    (xxi) Key Biscayne/Artificial Reef--H is bounded on the north by 
25 deg.42.82' N. lat.; on the south by 25 deg.41.32' N. lat.; on the 
east by 80 deg.04.22' W. long.; and on the west by 80 deg.05.53' W. 
long.
    (xxii) Little River Offshore Reef is bounded on the north by 
33 deg.42.10' N. lat.; on the south by 33 deg.41.10' N. lat.; on the 
east by 78 deg.26.40' W. long.; and on the west by 78 deg.27.10' W. 
long.
    (xxiii) BP-25 Reef is bounded on the north by 33 deg.21.70' N. lat.; 
on the south by 33 deg.20.70' N. lat.; on the east by 78 deg.24.80' W. 
long.; and on the west by 78 deg.25.60' W. long.
    (xxiv) Vermilion Reef is bounded on the north by 32 deg.57.80' N. 
lat.; on the south by 32 deg.57.30' N. lat.; on the east by 
78 deg.39.30' W. long.; and on the west by 78 deg.40.10' W. long.
    (xxv) Cape Romaine Reef is bounded on the north by 33 deg.00.00' N. 
lat.; on the south by 32 deg.59.50' N. lat.; on the east by 
79 deg.02.01' W. long.; and on the west by 79 deg.02.62' W. long.
    (xxvi) Y-73 Reef is bounded on the north by 32 deg.33.20' N. lat.; 
on the south by 32 deg.32.70' N. lat.; on the east by 79 deg.19.10' W. 
long.; and on the west by 79 deg.19.70' W. long.
    (xxvii) Eagles Nest Reef is bounded on the north by 32 deg.01.48' N. 
lat.; on the south by 32 deg.00.98' N. lat.; on the east by 
80 deg.30.00' W. long.; and on the west by 80 deg.30.65' W. long.
    (xxviii) Bill Perry Jr. Reef is bounded on the north by 
33 deg.26.20' N. lat.; on the south by 33 deg.25.20' N. lat.; on the 
east by 78 deg.32.70' W. long.; and on the west by 78 deg.33.80' W. 
long.

[[Page 171]]

    (xxix) Comanche Reef is bounded on the north by 32 deg.27.40' N. 
lat.; on the south by 32 deg.26.90' N. lat.; on the east by 
79 deg.18.80' W. long.; and on the west by 79 deg.19.60' W. long.
    (xxx) Murrel's Inlet 60 Foot Reef is bounded on the north by 
33 deg.17.50' N. lat.; on the south by 33 deg.16.50' N. lat.; on the 
east by 78 deg.44.67' W. long.; and on the west by 78 deg.45.98' W. 
long.
    (xxxi) Georgetown 95 Foot Reef is bounded on the north by 
33 deg.11.75' N. lat.; on the south by 33 deg.10.75' N. lat.; on the 
east by 78 deg.24.10' W. long.; and on the west by 78 deg.25.63' W. 
long.
    (xxxii) New Georgetown 60 Foot Reef is bounded on the north by 
33 deg.09.25' N. lat.; on the south by 33 deg.07.75' N. lat.; on the 
east by 78 deg.49.95' W. long.; and on the west by 78 deg.51.45' W. 
long.
    (xxxiii) North Inlet 45 Foot Reef is bounded on the north by 
33 deg.21.03' N. lat.; on the south by 33 deg.20.03' N. lat.; on the 
east by 79 deg.00.31' W. long.; and on the west by 79 deg.01.51' W. 
long.
    (xxxiv) CJ Davidson Reef is bounded on the north by 33 deg.06.48' N. 
lat.; on the south by 33 deg.05.48' N. lat.; on the east by 
79 deg.00.27' W. long.; and on the west by 79 deg.01.39' W. long.
    (xxxv) Greenville Reef is bounded on the north by 32 deg.57.25' N. 
lat.; on the south by 32 deg.56.25' N. lat.; on the east by 
78 deg.54.25' W. long.; and on the west by 78 deg.55.25' W. long.
    (xxxvi) Charleston 60 Foot Reef is bounded on the north by 
32 deg.33.60' N. lat.; on the south by 32 deg.32.60' N. lat.; on the 
east by 79 deg.39.70' W. long.; and on the west by 79 deg.40.90' W. 
long.
    (xxxvii) Edisto 60 Foot Reef is bounded on the north by 
32 deg.21.75' N. lat.; on the south by 32 deg.20.75' N. lat.; on the 
east by 80 deg.04.10' W. longitude; and on the west by 80 deg.05.70' W. 
long.
    (xxxviii) Edisto 40 Foot Reef is bounded on the north by 
32 deg.25.78' N. lat.; on the south by 32 deg.24.78' N. lat.; on the 
east by 80 deg.11.24' W. long.; and on the west by 80 deg.12.32' W. 
long.
    (xxxix) Beaufort 45 Foot Reef is bounded on the north by 
32 deg.07.65' N. lat.; on the south by 32 deg.06.65' N. lat.; on the 
east by 80 deg.28.80' W. long.; and on the west by 80 deg.29.80' W. 
long.
    (xl) Artificial Reef--ALT is bounded on the north by 31 deg.18.6' N. 
lat.; on the south by 31 deg.16.6' N. lat.; on the east by 81 deg.07.0' 
W. long.; and on the west by 81 deg.09.4' W. long.
    (xli) Artificial Reef--CAT is bounded on the north by 31 deg.40.2' 
N. lat.; on the south by 31 deg.38.2' N. lat.; on the east by 
80 deg.56.2' W. long.; and on the west by 80 deg.58.6' W. long.
    (xlii) Artificial Reef--CCA is bounded on the north by 31 deg.43.7' 
N. lat.; on the south by 31 deg.41.7' N. lat.; on the east by 
80 deg.40.0' W. long.; and on the west by 80 deg.42.3' W. long.
    (xliii) Artificial Reef--DRH is bounded on the north by 31 deg.18.0' 
N. lat.; on the south by 31 deg.16.0' N. lat.; on the east by 
80 deg.56.6' W. long.; and on the west by 80 deg.59.0' W. long.
    (xliv) Artificial Reef--DUA is bounded on the north by 31 deg.47.8' 
N. lat.; on the south by 31 deg.45.8' N. lat.; on the east by 
80 deg.52.1' W. long.; and on the west by 80 deg.54.5' W. long.
    (xlv) Artificial Reef--DW is bounded on the north by 31 deg.22.8' N. 
lat.; on the south by 31 deg.20.3' N. lat.; on the east by 79 deg.49.8' 
W. long.; and on the west by 79 deg.51.1' W. long.
    (xlvi) Artificial Reef--KBY is bounded on the north by 30 deg.48.6' 
N. lat.; on the south by 30 deg.46.6' N. lat.; on the east by 
81 deg.15.0' W. long.; and on the west by 81 deg.17.4' W. long.
    (xlvii) Artificial Reef--KTK is bounded on the north by 31 deg.31.3' 
N. lat.; on the south by 31 deg.29.3' N. lat.; on the east by 
80 deg.59.1' W. long.; and on the west by 81 deg.01.5' W. long.
    (xlviii) Artificial Reef--MRY is bounded on the north by 
30 deg.47.5' N. lat.; on the south by 30 deg.45.5' N. lat.; on the east 
by 81 deg.05.5' W. long.; and on the west by 81 deg.07.8' W. long.
    (xlix) Artificial Reef--SAV is bounded on the north by 31 deg.55.4' 
N. lat.; on the south by 31 deg.53.4' N. lat.; on the east by 
80 deg.45.2' W. long.; and on the west by 80 deg.47.6' W. long.
    (l) Artificial Reef--SFC is bounded on the north by 31 deg.00.8' N. 
lat.; on the south by 30 deg.59.8' N. lat.; on the east by 81 deg.02.2' 
W. long.; and on the west by 81 deg.03.4' W. long.
    (li) Artificial Reef--WW is bounded on the north by 31 deg.43.5' N. 
lat.; on the south by 31 deg.42.2' N. lat.; on the east by 79 deg.57.7' 
W. long.; and on the west by 79 deg.59.3' W. long.

[[Page 172]]

    (2) To determine what restrictions apply in the SMZs listed in Sec.  
622.35(e)(1), follow this table:

------------------------------------------------------------------------
   IN SMZs SPECIFIED IN THE FOLLOWING
       PARAGRAPHS OF Sec.  622.35            THESE RESTRICTIONS APPLY
------------------------------------------------------------------------
(e)(1)(i) through (x), (e)(1)(xx), and   Use of a powerhead to take
 (e)(1)(xxii) through (xxxix)             South Atlantic snapper-grouper
                                          is prohibited. Possession of a
                                          powerhead and a mutilated
                                          South Atlantic snapper-grouper
                                          in, or after having fished in,
                                          one of these SMZs constitutes
                                          prima facie evidence that such
                                          fish was taken with a
                                          powerhead in the SMZ.
(e)(1)(i) through (xviii) and            Fishing may only be conducted
 (e)(1)(xxii) through (li)                with handline, rod and reel,
                                          and spearfishing gear.
(e)(1)(i) through (li)                   Use of a sea bass pot or bottom
                                          longline is prohibited.
(e)(1)(xii) through (xviii) and          Possession of South Atlantic
 (e)(1)(xl) through (li)                  snapper-grouper taken with a
                                          powerhead is limited to the
                                          bag limits specified in Sec.
                                          622.39(d)(1).
(e)(1)(xix) and (e)(1)(xx)               A hydraulic or electric reel
                                          that is permanently affixed to
                                          the vessel is prohibited when
                                          fishing for South Atlantic
                                          snapper-grouper.
(e)(1)(xix) and (e)(1)(xxi)              Use of spearfishing gear is
                                          prohibited.
------------------------------------------------------------------------

    (f) Golden crab trap closed areas. In the golden crab northern zone, 
a golden crab trap may not be deployed in waters less than 900 ft (274 
m) deep. In the golden crab middle and southern zones, a golden crab 
trap may not be deployed in waters less than 700 ft (213 m) deep. See 
Sec. 622.17(b) for specification of the golden crab zones.

[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; 63 FR 57590, Oct. 
28, 1998; 63 FR 71794, Dec. 30, 1998; 65 FR 37295, June 14, 2000; 65 FR 
61115, Oct. 16, 2000]



Sec. 622.36  Seasonal harvest limitations.

    (a) Gulf EEZ. During March, April, and May, each year, the 
possession of greater amberjack in or from the Gulf EEZ and in the Gulf 
on board a vessel for which a commercial permit for Gulf reef fish has 
been issued, as required under Sec. 622.4(a)(2)(v), without regard to 
where such greater amberjack were harvested, is limited to the bag and 
possession limits, as specified in Sec. 622.39(b)(1)(i) and (b)(2), 
respectively, and such greater amberjack are subject to the prohibition 
on sale or purchase of greater amberjack possessed under the bag limit, 
as specified in Sec. 622.45(c)(1).
    (b) South Atlantic EEZ--(1) Greater amberjack spawning season. 
During April, each year, the possession of greater amberjack in or from 
the South Atlantic EEZ and in the South Atlantic on board a vessel for 
which a valid Federal commercial or charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, without regard to where 
such greater amberjack were harvested, is limited to one per person per 
day or one per person per trip, whichever is more restrictive. Such 
greater amberjack are subject to the prohibition on sale or purchase, as 
specified in Sec. 622.45(d)(6).
    (2) Mutton snapper spawning season. During May and June, each year, 
the possession of mutton snapper in or from the EEZ on board a vessel 
that has a commercial permit for South Atlantic snapper-grouper is 
limited to 10 per person per day or 10 per person per trip, whichever is 
more restrictive.
    (3) Wreckfish spawning-season closure. From January 15 through April 
15, each year, no person may harvest or possess on a fishing vessel 
wreckfish in or from the EEZ; offload wreckfish from the EEZ; or sell or 
purchase wreckfish in or from the EEZ. The prohibition on sale or 
purchase of wreckfish does not apply to trade in wreckfish that were 
harvested, offloaded, and sold or purchased prior to January 15 and were 
held in cold storage by a dealer or processor.
    (4) Black grouper and gag. During March and April, each year, the 
possession of black grouper and gag in or from the South Atlantic EEZ 
and in the South Atlantic on board a vessel for which a valid Federal 
commercial or charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where

[[Page 173]]

such black grouper or gag were harvested, is limited to two black 
grouper or gag, combined, per person per day or two black grouper or 
gag, combined, per person per trip, whichever is more restrictive. Such 
black grouper or gag are subject to the prohibition on sale or purchase, 
as specified in Sec. 622.45(d)(5).
    (5) Red porgy. During January, February, March, and April, each 
year, the harvest or possession of red porgy in or from the South 
Atlantic EEZ, and in the South Atlantic on board a vessel for which a 
valid Federal commercial or charter vessel/headboat permit for South 
Atlantic snapper-grouper has been issued without regard to where such 
red porgy were harvested, is limited to one per person per day or one 
per person per trip, whichever is more restrictive. Such red porgy are 
subject to the prohibition on sale or puchase, as specified in 
Sec. 622.45(d)(5).

[61 FR 34934, July 3, 1996, as amended at 62 FR 67723, Dec. 30, 1997; 64 
FR 3627, Jan. 25, 1999; 65 FR 51252, Aug. 23, 2000]



Sec. 622.37  Size limits.

    All size limits in this section are minimum size limits unless 
specified otherwise. Except for undersized king and Spanish mackerel 
allowed in paragraphs (c)(2) and (c)(3) of this section, a fish not in 
compliance with its size limit, 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. A fish not in 
compliance with its size limit 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 in compliance with the 
size limits specified in this section.
    (a) Caribbean reef fish: Yellowtail snapper--12 inches (30.5 cm), 
TL.
    (b) Caribbean spiny lobster--3.5 inches (8.9 cm), carapace length.
    (c) Coastal migratory pelagic fish. (1) Cobia in the Gulf, Mid-
Atlantic, or South Atlantic--33 inches (83.8 cm), fork length.
    (2) King mackerel in the Gulf, South Atlantic, or Mid-Atlantic--24 
inches (61.0 cm), fork length, except that a vessel fishing under a 
quota for king mackerel specified in Sec. 622.42(c)(1) may possess 
undersized king mackerel in quantities not exceeding 5 percent, by 
weight, of the king mackerel on board.
    (3) Spanish mackerel in the Gulf, South Atlantic, or Mid-Atlantic--
12 inches (30.5 cm), fork length, except that a vessel fishing under a 
quota for Spanish mackerel specified in Sec. 622.42(c)(2) may possess 
undersized Spanish mackerel in quantities not exceeding 5 percent, by 
weight, of the Spanish mackerel on board.
    (d) Gulf reef fish--(1) Snapper. (i) Lane snapper--8 inches (20.3 
cm), TL.
    (ii) Vermilion snapper--10 inches (25.4 cm), TL.
    (iii) Cubera, dog, gray, mahogany, and yellowtail snappers and 
schoolmaster--12 inches (30.5 cm), TL.
    (iv) Red snapper--16 inches (40.6 cm), TL, for a fish taken by a 
person subject to the bag limit specified in Sec. 622.39(b)(1)(iii) and 
15 inches (38.1 cm), TL, for a fish taken by a person not subject to the 
bag limit.
    (v) Mutton snapper--16 inches (40.6 cm), TL.
    (2) Grouper. (i) Scamp--16 inches (40.6 cm), TL.
    (ii) Red grouper and yellowfin grouper--20 inches (50.8 cm), TL.
    (iii) Black grouper and gag--(A) For a person not subject to the bag 
limit specified in Sec. 622.39(b)(1)(ii)--24 inches (61.0 cm), TL.
    (B) For a person subject to the bag limit specified in 
Sec. 622.39(b)(1)(ii)--22 inches (55.9 cm), TL.
    (3) Other Gulf reef fish species. (i) Gray triggerfish--12 inches 
(30.5 cm), TL.
    (ii) Hogfish--12 inches (30.5 cm), fork length.
    (iii) Banded rudderfish and lesser amberjack--14 inches (35.6 cm), 
fork length (minimum size); 22 inches (55.9 cm), fork length (maximum 
size).
    (iv) Greater amberjack--28 inches (71.1 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in 
Sec. 622.39(b)(1)(i); and 36 inches (91.4 cm), fork length, for a fish 
taken by a person not subject to the bag limit.
    (e) South Atlantic snapper-grouper--(1) Snapper. (i) Lane snapper--8 
inches (20.3 cm), TL.
    (ii) Vermilion snapper--11 inches (27.9 cm), TL, for a fish taken by 
a person

[[Page 174]]

subject to the bag limit specified in Sec. 622.39 (d)(1)(v) and 12 
inches (30.5 cm), TL, for a fish taken by a person not subject to the 
bag limit.
    (iii) Blackfin, cubera, dog, gray, mahogany, queen, silk, and 
yellowtail snappers; and schoolmaster--12 inches (30.5 cm), TL.
    (iv) Mutton snapper--16 inches (40.6 cm), TL.
    (v) Red snapper--20 inches (50.8 cm), TL.
    (2) Grouper. (i) Red, yellowfin, and yellowmouth grouper; and 
scamp--20 inches (50.8 cm), TL.
    (ii) Black grouper and gag--24 inches (61.0 cm), TL.
    (3) Other snapper-grouper species. (i) Black sea bass--10 inches 
(25.4 cm), TL.
    (ii) Gray triggerfish in the South Atlantic EEZ off Florida--12 
inches (30.5 cm), TL.
    (iii) Hogfish--12 inches (30.5 cm), fork length.
    (iv) Red porgy--14 inches (35.6 cm), TL.
    (v) Greater amberjack--28 inches (71.1 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in 
Sec. 622.39(d)(1)(i) and 36 inches (91.4 cm), fork length, for a fish 
taken by a person not subject to the bag limit.
    (f) Gulf shrimp. White shrimp harvested in the EEZ are subject to 
the minimum-size landing and possession limits of Louisiana when 
possessed within the jurisdiction of that State.
    (g) Caribbean queen conch--9 inches (22.9 cm) in length, that is, 
from the tip of the spire to the distal end of the shell, and \3/8\ inch 
(9.5 mm) in lip width at its widest point. A queen conch with a length 
of at least 9 inches (22.9 cm) or a lip width of at least \3/8\ inch 
(9.5 mm) is not undersized.

[61 FR 34934, July 3, 1996, as amended at 61 FR 65483, Dec. 13, 1996; 62 
FR 13988, Mar. 25, 1997; 63 FR 444, Jan. 6, 1998; 63 FR 10567, Mar. 4, 
1998; 64 FR 3628, Jan. 25, 1999; 64 FR 45459, Aug. 20, 1999; 64 FR 
57404, Oct. 25, 1999; 65 FR 31831, May 19, 2000; 65 FR 50162, Aug. 17, 
2000]



Sec. 622.38  Landing fish intact.

    The operator of a vessel that fishes in the EEZ is responsible for 
ensuring that fish on that vessel in the EEZ are maintained intact and, 
if taken from the EEZ, are maintained intact through offloading ashore, 
as specified in this section.
    (a) The following must be maintained with head and fins intact: 
Cobia, king mackerel, and Spanish mackerel in or from the Gulf, Mid-
Atlantic, or South Atlantic EEZ, except as specified for king mackerel 
in paragraph (g) of this section; South Atlantic snapper-grouper in or 
from the South Atlantic EEZ, except as specified in paragraph (h) 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 this section. Such fish may be eviscerated, gilled, and 
scaled, but must otherwise be maintained in a whole condition.
    (b) A Caribbean spiny lobster in or from the Caribbean EEZ must be 
maintained with head and carapace intact.
    (c) Shark, swordfish, and tuna species are exempt from the 
requirements of paragraph (a) of this section.
    (d) In the Gulf EEZ:
    (1) Bait is exempt from the requirement to be maintained with head 
and fins intact.
    (i) For the purpose of this paragraph (d)(1), bait means--
    (A) Packaged, headless fish fillets that have the skin attached and 
are frozen or refrigerated;
    (B) Headless fish fillets that have the skin attached and are held 
in brine; or
    (C) Small pieces no larger than 3 in\3\ (7.6 cm\3\) or strips no 
larger than 3 inches by 9 inches (7.6 cm by 22.9 cm) that have the skin 
attached and are frozen, refrigerated, or held in brine.
    (ii) Paragraph (d)(1)(i) of this section notwithstanding, a finfish 
or part thereof possessed in or landed from the Gulf EEZ that is 
subsequently sold or purchased as a finfish species, rather than as 
bait, is not bait.
    (2) Legal-sized finfish possessed for consumption at sea on the 
harvesting vessel are exempt from the requirement to have head and fins 
intact, provided--
    (i) Such finfish do not exceed any applicable bag limit;
    (ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per 
person aboard; and
    (iii) The vessel is equipped to cook such finfish on board.

[[Page 175]]

    (e) 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.
    (f) A Caribbean conch resource in or from the Caribbean EEZ must be 
maintained with meat and shell intact.
    (g) Cut-off (damaged) king or Spanish mackerel that comply with the 
minimum size limits in Sec. 622.37(c)(2) and (c)(3), respectively, and 
the trip limits in Sec. 622.44(a) and (b), respectively, may be 
possessed in the Gulf, Mid-Atlantic, or South Atlantic EEZ on, and 
offloaded ashore from, a vessel that is operating under the respective 
trip limits. Such cut-off fish also may be sold. A maximum of five 
additional cut-off (damaged) king mackerel, not subject to the size 
limits or trip limits, may be possessed or offloaded ashore but may not 
be sold or purchased and are not counted against the trip limit.
    (h) In the South Atlantic EEZ, snapper-grouper lawfully harvested in 
Bahamian waters are exempt from the requirement that they be maintained 
with head and fins intact, provided valid Bahamian fishing and cruising 
permits are on board the vessel and the vessel is in transit through the 
South Atlantic EEZ. For the purpose of this paragraph (i), a vessel is 
in transit through the South Atlantic EEZ when it is on a direct and 
continuous course through the South Atlantic EEZ and no one aboard the 
vessel fishes in the EEZ.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 61 
FR 65483, Dec. 13, 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 38303, July 
16, 1998; 64 FR 3628, Jan. 25, 1999; 65 FR 16340, Mar. 28, 2000]



Sec. 622.39  Bag and possession limits.

    (a) Applicability. (1) The bag and possession limits apply for 
species/species groups listed in this section in or from the EEZ. Unless 
specified otherwise, bag limits apply to a person on a daily basis, 
regardless of the number of trips in a day. Unless specified otherwise, 
possession limits apply to a person on a trip after the first 24 hours 
of that trip. The bag and possession limits apply to a person who fishes 
in the EEZ in any manner, except a person aboard a vessel in the EEZ 
that has on board the commercial vessel permit required under 
Sec. 622.4(a)(2) for the appropriate species/species group. However, see 
Sec. 622.32 for limitations on taking prohibited and limited-harvest 
species. The limitations in Sec. 622.32 apply without regard to whether 
the species is harvested by a vessel operating under a commercial vessel 
permit or by a person subject to the bag limits. The possession of a 
commercial vessel permit notwithstanding, the bag and possession limits 
apply when the vessel is operating as a 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. The operator of a vessel 
that fishes in the EEZ is responsible for ensuring that the bag and 
possession limits specified in this section are not exceeded.
    (2) Paragraph (a)(1) of this section notwithstanding, bag and 
possession limits also apply for Gulf reef fish in or from the EEZ to a 
person aboard a vessel that has on board a commercial permit for Gulf 
reef fish--
    (i) When trawl gear or entangling net gear is on board. A vessel is 
considered to have trawl gear on board when trawl doors and a net are on 
board. Removal from the vessel of all trawl doors or all nets 
constitutes removal of trawl gear.
    (ii) When a longline or buoy gear is on board and the vessel is 
fishing or has fished on a trip in the reef fish longline and buoy gear 
restricted area specified in Sec. 622.34(c). A vessel is considered to 
have a longline on board when a power-operated longline hauler, a cable 
of diameter and length suitable for use in the longline fishery, and 
gangions are on board. Removal of any one of these three elements, in 
its entirety, constitutes removal of a longline.

[[Page 176]]

    (iii) For a species/species group when its quota has been reached 
and closure has been effected.
    (iv) When the vessel has on board or is tending any trap other than 
a fish trap authorized under Sec. 622.40(a)(2), a stone crab trap, or a 
spiny lobster trap.
    (3) Paragraph (a)(1) of this section notwithstanding, the bag and 
other limits specified in Sec. 622.35(b) apply for South Atlantic 
snapper-grouper in or from the EEZ to a person aboard a vessel for which 
a commercial permit for South Atlantic snapper-grouper has been issued 
that has on board a longline in the longline closed area.
    (4) Paragraph (a)(1) of this section notwithstanding, a person 
aboard a vessel for which a commercial permit for South Atlantic 
snapper-grouper has been issued must comply with the bag limits 
specified in paragraph (d)(1) of this section for South Atlantic 
snapper-grouper taken with a powerhead, regardless of where taken, when 
such snapper-grouper are possessed in an SMZ specified in Sec.  
622.35(e)(1)(xii) through (e)(1)(xviii) or (e)(1)(xl) through 
(e)(1)(li).
    (b) Gulf reef fish--(1) Bag limits. (i) Greater amberjack--1.
    (ii) Groupers, combined, excluding jewfish and Nassau grouper--5 per 
person per day, but not to exceed 1 speckled hind and 1 Warsaw grouper 
per vessel per day.
    (iii) Red snapper--4.
    (iv) Snappers, combined, excluding red, lane, and vermilion 
snapper--10.
    (v) Gulf reef fish, combined, excluding those specified in 
paragraphs (b)(1)(i) through (b)(1)(iv) and paragraphs (b)(1)(vi) 
through (b)(1)(vii) of this section and excluding dwarf sand perch and 
sand perch--20.
    (vi) Banded rudderfish and lesser amberjack, combined--5.
    (vii) Hogfish--5.
    (2) Possession limits. A person, or a vessel in the case of speckled 
hind or Warsaw grouper, on a trip that spans more than 24 hours may 
possess no more than two daily bag limits, provided such trip is on a 
vessel that is operating as a charter vessel or headboat, the vessel has 
two licensed operators aboard, and each passenger is issued and has in 
possession a receipt issued on behalf of the vessel that verifies the 
length of the trip.
    (c) King and Spanish mackerel--(1) Bag limits. (i) Atlantic 
migratory group king mackerel--
    (A) Mid-Atlantic and South Atlantic, other than off Florida--3.
    (B) Off Florida--2, which is the daily bag limit specified by 
Florida for its waters (Rule 46-12.004(1), Florida Administrative Code). 
If Florida changes its limit, the bag limit specified in this paragraph 
(c)(1)(i)(B) will be changed to conform to Florida's limit, provided 
such limit does not exceed 5.
    (ii) Gulf migratory group king mackerel--2.
    (iii) Atlantic migratory group Spanish mackerel--15.
    (iv) Gulf migratory group Spanish mackerel--15.
    (2) Possession limits. A person who is on a trip that spans more 
than 24 hours may possess no more than two daily bag limits, provided 
such trip is on a vessel that is operating as a charter vessel or 
headboat, the vessel has two licensed operators aboard, and each 
passenger is issued and has in possession a receipt issued on behalf of 
the vessel that verifies the length of the trip.
    (d) South Atlantic snapper-grouper--(1) Bag limits. (i) Greater 
amberjack--1.
    (ii) Groupers, combined, excluding jewfish and Nassau grouper, and 
tilefishes--5. However, within the 5-fish aggregate bag limit, no more 
than two fish may be gag or black grouper, combined.
    (iii) Hogfish in the South Atlantic off Florida--5.
    (iv) Snappers, combined, excluding cubera snapper measuring 30 
inches (76.2 cm), TL, or larger, in the South Atlantic off Florida, and 
excluding vermilion snapper--10, of which no more than 2 may be red 
snapper. (See Sec. 622.32(c)(2) for limitations on cubera snapper 
measuring 30 inches (76.2 cm), TL, or larger, in or from the South 
Atlantic EEZ off Florida.)
    (v) Vermilion snapper--10.
    (vi) Red porgy--1.
    (vii) Black sea bass--20.
    (viii) South Atlantic snapper-grouper, combined, excluding tomtate 
and

[[Page 177]]

blue runner and those specified in paragraphs (d)(1)(i) through (vii) of 
this section--20.
    (2) Possession limits. (i) Provided each passenger is issued and has 
in possession a receipt issued on behalf of the vessel that verifies the 
duration of the trip--
    (A) 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 
of species other than red porgy.
    (B) 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 of species other than 
red porgy.
    (ii) A person aboard a vessel may not possess red porgy in or from 
the EEZ in excess of one per day or one per trip, whichever is more 
restrictive.
    (3) Longline bag limits. Other provisions of this paragraph (d) 
notwithstanding, a person on a trip aboard a vessel for which the bag 
limits apply that has a longline on board is limited on that trip to the 
bag limit for South Atlantic snapper-grouper for which a bag limit is 
specified in paragraph (d)(1) of this section, and to zero for all other 
South Atlantic snapper-grouper. For the purpose of this paragraph 
(d)(3), a vessel is considered to have a longline on board when a power-
operated longline hauler, a cable or monofilament of diameter and length 
suitable for use in the longline fishery, and gangions are on board. 
Removal of any one of these three elements constitutes removal of a 
longline.
    (e) Caribbean queen conch--(1) Applicability. Paragraph (a)(1) of 
this section notwithstanding, the bag limit of paragraph (e)(2) of this 
section does not apply to a fisherman who has a valid commercial fishing 
license issued by Puerto Rico or the U.S. Virgin Islands. See 
Sec. 622.44 for the commercial daily trip limit.
    (2) Bag limit. The bag limit for queen conch in or from the 
Caribbean EEZ is 3 per person or, if more than 4 persons are aboard, 12 
per boat.

[61 FR 34934, July 3, 1996, as amended at 61 FR 65483, Dec. 13, 1996; 61 
FR 65985, Dec. 16, 1996; 62 FR 23674, May 1, 1997; 62 FR 67723, Dec. 30, 
1997; 63 FR 8356, Feb. 19, 1998; 63 FR 38303, July 16, 1998; 63 FR 
72203, Dec. 31, 1998; 64 FR 3628, Jan. 25, 1999; 64 FR 33800, June 24, 
1999; 64 FR 45459, Aug. 20, 1999; 64 FR 47713, Sept. 1, 1999; 64 FR 
57404, Oct. 25, 1999; 65 FR 30363, May 11, 2000; 65 FR 41016, July 3, 
2000; 65 FR 50162, Aug. 17, 2000; 65 FR 51252, Aug. 23, 2000; 65 FR 
61116, Oct. 16, 2000; 66 FR 17369, Mar. 30, 2001]



Sec. 622.40  Limitations on traps and pots.

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

[[Page 178]]

    (3) South Atlantic EEZ. A sea bass pot or golden crab trap in the 
South Atlantic EEZ may be pulled or tended only by a person (other than 
an authorized officer) aboard the vessel permitted to fish such pot or 
trap or aboard another vessel if such vessel has on board written 
consent of the owner or operator of the vessel so permitted. For golden 
crab only, a vessel with written consent on board must also possess a 
valid commercial vessel permit for golden crab.
    (b) Escape mechanisms--(1) Caribbean EEZ. (i) A fish trap used or 
possessed in the Caribbean EEZ must have a panel located on each of two 
sides of the trap, excluding the top, bottom, and side containing the 
trap entrance. The opening covered by a panel must measure not less than 
8 by 8 inches (20.3 by 20.3 cm). The mesh size of a panel may not be 
smaller than the mesh size of the trap. A panel must be attached to the 
trap with untreated jute twine with a diameter not exceeding \1/8\ inch 
(3.2 mm). An access door may serve as one of the panels, provided it is 
on an appropriate side, it is hinged only at its bottom, its only other 
fastening is untreated jute twine with a diameter not exceeding \1/8\ 
inch (3.2 mm), and such fastening is at the top of the door so that the 
door will fall open when such twine degrades. Jute twine used to secure 
a panel may not be wrapped or overlapped.
    (ii) A spiny lobster trap used or possessed in the Caribbean EEZ 
must contain on any vertical side or on the top a panel no smaller in 
diameter than the throat or entrance of the trap. The panel must be made 
of or attached to the trap by one of the following degradable materials:
    (A) Untreated fiber of biological origin with a diameter not 
exceeding \1/8\ inch (3.2 mm). This includes, but is not limited to tyre 
palm, hemp, jute, cotton, wool, or silk.
    (B) Ungalvanized or uncoated iron wire with a diameter not exceeding 
\1/16\ inch (1.6 mm), that is, 16 gauge wire.
    (2) Gulf EEZ. A fish trap used or possessed in the Gulf EEZ must 
have at least two escape windows on each of two sides, excluding the 
bottom (a total of four escape windows), that are 2 by 2 inches (5.1 by 
5.1 cm) or larger. In addition, a fish trap must have a panel or access 
door located opposite each side of the trap that has a funnel. The 
opening covered by each panel or access door must be 144 in2 
(929 cm2) or larger, with one dimension of the area equal to 
or larger than the largest interior axis of the trap's throat (funnel) 
with no other dimension less than 6 inches (15.2 cm). The hinges and 
fasteners of each panel or access door must be constructed of one of the 
following degradable materials:
    (i) Untreated jute string with a diameter not exceeding \3/16\ inch 
(4.8 mm) that is not wrapped or overlapped.
    (ii) Magnesium alloy, time float releases (pop-up devices) or 
similar magnesium alloy fasteners.
    (3) South Atlantic EEZ. (i) A sea bass pot that is used or possessed 
in the South Atlantic EEZ between 35 deg.15.3' N. lat. (due east of Cape 
Hatteras Light, NC) and 28 deg.35.1' N. lat. (due east of the NASA 
Vehicle Assembly Building, Cape Canaveral, FL) is required to have--
    (A) 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:
    (1) Ungalvanized or uncoated iron wire with a diameter not exceeding 
0.041 inches (1.0 mm), that is, 19 gauge wire.
    (2) Galvanic timed-release mechanisms with a letter grade 
designation (degradability index) no higher than J.
    (B) An unobstructed escape vent opening on at least two opposite 
vertical sides, excluding top and bottom. The minimum dimensions of an 
escape vent opening (based on inside measurement) are:
    (1) 1\1/8\ by 5\3/4\ inches (2.9 by 14.6 cm) for a rectangular vent.
    (2) 1.75 by 1.75 inches (4.5 by 4.5 cm) for a square vent.
    (3) 2.0-inch (5.1-cm) diameter for a round vent.
    (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 2.75 by 3.75 inches (7.0 by 9.5 cm); the

[[Page 179]]

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

[[Page 180]]

exceed those allowed for an individual sea bass pot. This does not 
preclude connecting individual pots to a line, such as a ``trawl'' or 
trot line.
    (ii) Rope is the only material allowed to be used for a buoy line or 
mainline attached to a golden crab trap, except that wire cable is 
allowed for a mainline through December 31, 2000.

[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; 63 FR 57590, Oct. 28, 1998; 64 FR 3628, Jan. 25, 1999]



Sec. 622.41  Species specific limitations.

    (a) Aquacultured live rock. In the Gulf or South Atlantic EEZ:
    (1) Aquacultured live rock may be harvested only under a permit, as 
required under Sec. 622.4(a)(3)(iii), and aquacultured live rock on a 
site may be harvested only by the person, or his or her employee, 
contractor, or agent, who has been issued the aquacultured live rock 
permit for the site. A person harvesting aquacultured live rock is 
exempt from the prohibition on taking prohibited coral for such 
prohibited coral as attaches to aquacultured live rock.
    (2) The following restrictions apply to individual aquaculture 
activities:
    (i) No aquaculture site may exceed 1 acre (0.4 ha) in size.
    (ii) Material deposited on the aquaculture site--
    (A) May not be placed over naturally occurring reef outcrops, 
limestone ledges, coral reefs, or vegetated areas.
    (B) Must be free of contaminants.
    (C) Must be nontoxic.
    (D) Must be placed on the site by hand or lowered completely to the 
bottom under restraint, that is, not allowed to fall freely.
    (E) Must be placed from a vessel that is anchored.
    (F) In the Gulf EEZ, must be distinguishable, geologically or 
otherwise (for example, be indelibly marked or tagged), from the 
naturally occurring substrate.
    (G) In the South Atlantic EEZ, must be geologically distinguishable 
from the naturally occurring substrate and, in addition, may be 
indelibly marked or tagged.
    (iii) A minimum setback of at least 50 ft (15.2 m) must be 
maintained from natural vegetated or hard bottom habitats.
    (3) Mechanically dredging or drilling, or otherwise disturbing, 
aquacultured live rock is prohibited, and aquacultured live rock may be 
harvested only by hand. In addition, the following activities are 
prohibited in the South Atlantic: Chipping of aquacultured live rock in 
the EEZ, possession of chipped aquacultured live rock in or from the 
EEZ, removal of allowable octocoral or prohibited coral from 
aquacultured live rock in or from the EEZ, and possession of prohibited 
coral not attached to aquacultured live rock or allowable octocoral, 
while aquacultured live rock is in possession. See the definition of 
``Allowable octocoral'' for clarification of the distinction between 
allowable octocoral and live rock. For the purposes of this paragraph 
(a)(3), chipping means breaking up reefs, ledges, or rocks into 
fragments, usually by means of a chisel and hammer.
    (4) Not less than 24 hours prior to harvest of aquacultured live 
rock, the owner or operator of the harvesting vessel must provide the 
following information to the NMFS Law Enforcement Office, Southeast 
Area, St. Petersburg, FL, telephone 727-570-5344:
    (i) Permit number of site to be harvested and date of harvest.
    (ii) Name and official number of the vessel to be used in 
harvesting.
    (iii) Date, port, and facility at which aquacultured live rock will 
be landed.
    (b) Caribbean reef fish. A marine aquarium fish may be harvested in 
the Caribbean EEZ only by a hand-held dip net or by a hand-held slurp 
gun. For the purposes of this paragraph, a hand-held slurp gun is a 
device that rapidly draws seawater containing fish into a self-contained 
chamber, and a marine aquarium fish is a Caribbean reef fish that is 
smaller than 5.5 inches (14.0 cm), TL.
    (c) Coastal migratory pelagic fish--(1) Authorized gear. Subject to 
the prohibitions on gear/methods specified in Sec. 622.31, the following 
are the only fishing gears that may be used in the Gulf, Mid-Atlantic, 
and South Atlantic EEZ

[[Page 181]]

in directed fisheries for coastal migratory pelagic fish:
    (i) King mackerel, Atlantic migratory group--
    (A) North of 34 deg.37.3' N. lat., the latitude of Cape Lookout 
Light, NC--all gear except drift gillnet and long gillnet.
    (B) South of 34 deg.37.3' N. lat.--automatic reel, bandit gear, 
handline, and rod and reel.
    (ii) King mackerel, Gulf migratory group--hook-and-line gear and, in 
the southern Florida west coast subzone only, run-around gillnet. (See 
Sec. 622.42(c)(1)(i)(A)(3) for a description of the southern Florida 
west coast subzone.)
    (iii) Spanish mackerel, Atlantic migratory group--automatic reel, 
bandit gear, handline, rod and reel, cast net, run-around gillnet, and 
stab net.
    (iv) Spanish mackerel, Gulf migratory group--all gear except drift 
gillnet, long gillnet, and purse seine.
    (v) Cobia in the Mid-Atlantic and South Atlantic EEZ, dolphin in the 
South Atlantic EEZ, and little tunny in the South Atlantic EEZ south of 
34 deg.37.3' N. lat.--automatic reel, bandit gear, handline, rod and 
reel, and pelagic longline.
    (vi) Cero in the South Atlantic EEZ and little tunny in the South 
Atlantic EEZ north of 34 deg.37.3' N. lat.--all gear except drift 
gillnet and long gillnet.
    (vii) Bluefish, cero, cobia, dolphin, and little tunny in the Gulf 
EEZ--all gear except drift gillnet and long gillnet.
    (2) Unauthorized gear. Gear types other than those specified in 
paragraph (c)(1) of this section are unauthorized gear and the following 
possession limitations apply:
    (i) Long gillnets. A vessel with a long gillnet on board in, or that 
has fished on a trip in, the Gulf, Mid-Atlantic, or South Atlantic EEZ 
may not have on board on that trip a coastal migratory pelagic fish.
    (ii) Drift gillnets. A vessel with a drift gillnet on board in, or 
that has fished on a trip in, the Gulf EEZ may not have on board on that 
trip a coastal migratory pelagic fish.
    (iii) Other unauthorized gear. Except as specified in paragraph 
(c)(2)(iv) of this section, a person aboard a vessel with unauthorized 
gear other than a drift gillnet in the Gulf EEZ or a long gillnet on 
board in, or that has fished in, the EEZ where such gear is not 
authorized in paragraph (c)(1) of this section, is subject to the bag 
limit for king and Spanish mackerel specified in Sec. 622.39(c)(1)(ii) 
and to the limit on cobia specified in Sec. 622.32(c)(1).
    (iv) Exception for king mackerel in the Gulf EEZ. The provisions of 
this paragraph (c)(2)(iv) apply to king mackerel taken in the Gulf EEZ 
and to such king mackerel possessed in the Gulf. Paragraph (c)(2)(iii) 
of this section notwithstanding, a person aboard a vessel that has a 
valid commercial permit for king mackerel is not subject to the bag 
limit for king mackerel when the vessel has on board on a trip 
unauthorized gear other than a drift gillnet in the Gulf EEZ, a long 
gillnet, or a run-around gillnet in an area other than the southern 
Florida west coast subzone. Thus, the following applies to a vessel that 
has a commercial permit for king mackerel:
    (A) Such vessel may not use unauthorized gear in a directed fishery 
for king mackerel in the Gulf EEZ.
    (B) If such a vessel has a drift gillnet or a long gillnet on board 
or a run-around gillnet in an area other than the southern Florida west 
coast subzone, no king mackerel may be possessed.
    (C) If such a vessel has unauthorized gear on board other than a 
drift gillnet in the Gulf EEZ, a long gillnet, or a run-around gillnet 
in an area other than the southern Florida west coast subzone, the 
possession of king mackerel taken incidentally is restricted only by the 
closure provisions of Sec. 622.43(a)(3) and the trip limits specified in 
Sec. 622.44(a). See also paragraph (c)(4) of this section regarding the 
purse seine incidental catch allowance of king mackerel.
    (3) Gillnets--(i) King mackerel. The minimum allowable mesh size for 
a gillnet used to fish in the Gulf, Mid-Atlantic, or South Atlantic EEZ 
for king mackerel is 4.75 inches (12.1 cm), stretched mesh. A vessel in 
such EEZ, or having fished on a trip in such EEZ, with a gillnet on 
board that has a mesh size less than 4.75 (12.1 cm) inches, stretched 
mesh, may not possess on

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that trip an incidental catch of king mackerel that exceeds 10 percent, 
by number, of the total lawfully possessed Spanish mackerel on board.
    (ii) Spanish mackerel. (A) The minimum allowable mesh size for a 
gillnet used to fish for Spanish mackerel in the Gulf, Mid-Atlantic, or 
South Atlantic EEZ is 3.5 inches (8.9 cm), stretched mesh.
    (1) A vessel in the Gulf EEZ, or having fished on a trip in the Gulf 
EEZ, with a gillnet on board that has a mesh size less than 3.5 inches 
(8.9 cm), stretched mesh, may not possess on that trip any Spanish 
mackerel.
    (2) A vessel in the South Atlantic or Mid-Atlantic 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), stretched mesh, may possess or land 
on the day of that trip no more than 500 lb (227 kg) of incidentally 
caught Spanish mackerel.
    (B) On board a vessel with a valid Spanish mackerel permit that is 
fishing for Spanish mackerel in, or that possesses Spanish mackerel in 
or from, the South Atlantic EEZ off Florida north of 25 deg.20.4' N. 
lat., which is a line directly east from the Miami-Dade/Monroe County, 
FL, boundary--
    (1) No person may fish with, set, place in the water, or have on 
board a gillnet with a float line longer than 800 yd (732 m).
    (2) No person may fish with, set, or place in the water more than 
one gillnet at any one time.
    (3) No more than two gillnets, including any net in use, may be 
possessed at any one time; provided, however, that if two gillnets, 
including any net in use, are possessed at any one time, they must have 
stretched mesh sizes (as allowed under the regulations) that differ by 
at least .25 inch (.64 cm).
    (4) No person may soak a gillnet for more than 1 hour. The soak 
period begins when the first mesh is placed in the water and ends either 
when the first mesh is retrieved back on board the vessel or the 
gathering of the gillnet is begun to facilitate retrieval on board the 
vessel, whichever occurs first; providing that, once the first mesh is 
retrieved or the gathering is begun, the retrieval is continuous until 
the gillnet is completely removed from the water.
    (5) The float line of each gillnet possessed, including any net in 
use, must have the distinctive floats specified in Sec. 622.6(b)(2).
    (4) Purse seine incidental catch allowance. A vessel in the EEZ, or 
having fished in the EEZ, with a purse seine on board will not be 
considered as fishing, or having fished, for king or Spanish mackerel in 
violation of a prohibition of purse seines under paragraph (c)(2) of 
this section, in violation of the possession limits under paragraph 
(c)(2)(iii) of this section, or, in the case of king mackerel from the 
Atlantic migratory group, in violation of a closure effected in 
accordance with Sec. 622.43(a), provided the king mackerel on board does 
not exceed 1 percent, or the Spanish mackerel on board does not exceed 
10 percent, of all fish on board the vessel. Incidental catch will be 
calculated by number and/or weight of fish. Neither calculation may 
exceed the allowable percentage. Incidentally caught king or Spanish 
mackerel are counted toward the quotas provided for under Sec. 622.42(c) 
and are subject to the prohibition of sale under Sec. 622.43(a)(3)(iii).
    (d) South Atlantic snapper-grouper--(1) Authorized gear. Subject to 
the gear restrictions specified in Sec. 622.31, the following are the 
only gear types authorized in a directed fishery for snapper-grouper in 
the South Atlantic EEZ: Bandit gear, bottom longline, buoy gear, 
handline, rod and reel, sea bass pot, and spearfishing gear.
    (2) Unauthorized gear. All gear types other than those specified in 
paragraph (d)(1) of this section are unauthorized gear and the following 
possession and transfer limitations apply.
    (i) A vessel with trawl gear on board that fishes in the EEZ on a 
trip may possess no more than 200 lb (90.7 kg) of South Atlantic 
snapper-grouper, excluding wreckfish, in or from the EEZ on that trip. 
It is a rebuttable presumption that a vessel with more than 200 lb (90.7 
kg) of South Atlantic snapper-grouper, excluding wreckfish, on board 
harvested such fish in the EEZ.
    (ii) Except as specified in paragraphs (d)(3) through (d)(5) of this 
section, a person aboard a vessel with unauthorized gear on board, other 
than trawl

[[Page 183]]

gear, that fishes in the EEZ on a trip is limited on that trip to:
    (A) South Atlantic snapper-grouper species for which a bag limit is 
specified in Sec. 622.39(d)(1)--the bag limit.
    (B) All other South Atlantic snapper-grouper--zero.
    (iii) South Atlantic snapper-grouper on board a vessel with 
unauthorized gear on board may not be transferred at sea, regardless of 
where such transfer takes place, and such snapper-grouper may not be 
transferred in the EEZ.
    (iv) No vessel may receive at sea any South Atlantic snapper-grouper 
from a vessel with unauthorized gear on board, as specified in paragraph 
(d)(2)(iii) of this section.
    (3) Possession allowance regarding sink nets off North Carolina. A 
vessel that has on board a commercial permit for South Atlantic snapper-
grouper, excluding wreckfish, that fishes in the EEZ off North Carolina 
with a sink net on board, may retain, without regard to the limits 
specified in paragraph (d)(2)(ii) of this section, otherwise legal South 
Atlantic snapper-grouper taken with bandit gear, buoy gear, handline, 
rod and reel, or sea bass pot. For the purpose of this paragraph (d)(3), 
a sink net is a gillnet with stretched mesh measurements of 3 to 4.75 
inches (7.6 to 12.1 cm) that is attached to the vessel when deployed.
    (4) Possession allowance regarding bait nets. A vessel that has on 
board a commercial permit for South Atlantic snapper-grouper, excluding 
wreckfish, that fishes in the South Atlantic EEZ with no more than one 
bait net on board, may retain, without regard to the limits specified in 
paragraph (d)(2)(ii) of this section, otherwise legal South Atlantic 
snapper-grouper taken with bandit gear, buoy gear, handline, rod and 
reel, or sea bass pot. For the purpose of this paragraph (d)(4), a bait 
net is a gillnet not exceeding 50 ft (15.2 m) in length or 10 ft (3.1 m) 
in height with stretched mesh measurements of 1.5 inches (3.8 cm) or 
smaller that is attached to the vessel when deployed.
    (5) Possession allowance regarding cast nets. A vessel that has on 
board a commercial permit for South Atlantic snapper-grouper, excluding 
wreckfish, that fishes in the South Atlantic EEZ with a cast net on 
board, may retain, without regard to the limits specified in paragraph 
(d)(2)(ii) of this section, otherwise legal South Atlantic snapper-
grouper taken with bandit gear, buoy gear, handline, rod and reel, or 
sea bass pot. For the purpose of this paragraph (d)(5), a cast net is a 
cone-shaped net thrown by hand and designed to spread out and capture 
fish as the weighted circumference sinks to the bottom and comes 
together when pulled by a line.
    (6) Longline species limitation. A vessel that has on board a valid 
Federal commercial permit for South Atlantic snapper-grouper, excluding 
wreckfish, that fishes in the EEZ on a trip with a longline on board, 
may possess only the following South Atlantic snapper-grouper: snowy 
grouper, warsaw grouper, yellowedge grouper, misty grouper, golden 
tilefish, blueline tilefish, and sand tilefish. For the purpose 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 on any reel, and gangions are on board. Removal of 
any one of these three elements constitutes removal of a longline.
    (e) South Atlantic golden crab. Traps are the only fishing gear 
authorized in directed fishing for golden crab in the South Atlantic 
EEZ. Golden crab in or from the South Atlantic EEZ may not be retained 
on board a vessel possessing or using unauthorized gear.
    (f) Caribbean queen conch. In the Caribbean EEZ, no person may 
harvest queen conch by diving while using a device that provides a 
continuous air supply from the surface.
    (g) Shrimp in the South Atlantic--(1) BRD requirement. Except as 
exempted in paragraph (g)(3)(ii) of this section, 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

[[Page 184]]

water, or if it is shackled, tied, or otherwise connected to a sled, 
door, or other device that spreads the net, or to a tow rope, cable, 
pole, or extension, either on board or attached to a shrimp trawler.
    (2) Certified BRDs. The following BRDs are certified for use by 
penaeid shrimp trawlers in the South Atlantic EEZ. Specifications of 
these certified BRDs are contained in Appendix D of this part.
    (i) Extended funnel.
    (ii) Expanded mesh.
    (iii) Fisheye.
    (3) Certification of BRDs--(i) A person who seeks to have a BRD 
certified for use in the South Atlantic EEZ must submit an application 
to test such BRD, conduct the testing, and submit to the RA the results 
of the test conducted and recorded in accordance with the Testing 
Protocol for BRD Certification, which along with forms and procedures, 
is included in the Bycatch Reduction Device Testing Protocol Manual 
which is available from the SAFMC, One Southpark Circle, Suite 306, 
Charleston, SC 29407-4699, and from the RA. A BRD that meets the 
certification criterion, as determined under the Testing Protocol for 
BRD Certification, will be added to the list of certified BRDs in 
paragraph (g)(2) of this section.
    (ii) A penaeid shrimp trawler that is authorized to test a BRD in 
the EEZ for possible certification, has such written authorization on 
board, and is conducting such test in accordance with the Testing 
Protocol for BRD Certification is granted a limited exemption from the 
BRD requirement specified in paragraph (g)(1) of this section. The 
exemption from the BRD requirement is limited to those trawls that are 
being used in the certification trials. All other trawls rigged for 
fishing must be equipped with certified BRDs.
    (h) Shrimp in the Gulf--(1) BRD requirement. (i) Except as exempted 
in paragraphs (h)(1)(ii) through (iv) and paragraph (h)(3)(iii) of this 
section, on a shrimp trawler in the Gulf EEZ shoreward of the 100-fathom 
(183-m) depth contour west of 85 deg.30' W. long., each net that is 
rigged for fishing must have a certified BRD installed. A trawl net is 
rigged for fishing if it is in the water, or if it is shackled, tied, or 
otherwise connected to a sled, door, or other device that spreads the 
net, or to a tow rope, cable, pole, or extension, either on board or 
attached to a shrimp trawler.
    (ii) A shrimp trawler is exempt from the requirement to have a 
certified BRD installed in each net provided that at least 90 percent 
(by weight) of all shrimp on board or offloaded from such trawler are 
royal red shrimp.
    (iii) A shrimp trawler is exempt from the requirement to have a BRD 
installed in a single try net with a headrope length of 16 ft (4.9 m) or 
less provided the single try net is either pulled immediately in front 
of another net or is not connected to another net.
    (iv) A shrimp trawler is exempt from the requirement to have a 
certified BRD installed in up to two rigid-frame roller trawls that are 
16 ft (4.9 m) or less in length used or possessed on board. A rigid-
frame roller trawl is a trawl that has a mouth formed by a rigid frame 
and a grid of rigid vertical bars; has rollers on the lower horizontal 
part of the frame to allow the trawl to roll over the bottom and any 
obstruction while being towed; and has no doors, boards, or similar 
devices attached to keep the mouth of the trawl open.
    (2) Certified BRDs. The following BRDs are certified for use by 
shrimp trawlers in the Gulf EEZ. Specifications of these certified BRDs 
are contained in Appendix D to this part.
    (i) Fisheye.
    (ii) Gulf fisheye.
    (iii) Jones-Davis.
    (3) Procedures for certification of additional BRDs. The process for 
the certification of additional BRDs consists of two phases--an optional 
pre-certification phase and a required certification phase.
    (i) Pre-certification. The pre-certification phase allows a person 
to test and evaluate a new BRD design for up to 60 days without being 
subject to the observer requirements and rigorous testing requirements 
specified for certification testing in the Gulf Of Mexico Bycatch 
Reduction Device Testing Protocol Manual.

[[Page 185]]

    (A) A person who wants to conduct pre-certification phase testing 
must submit an application, as specified in the Gulf Of Mexico Bycatch 
Reduction Device Testing Protocol Manual, to the RA. The Gulf Of Mexico 
Bycatch Reduction Device Testing Protocol Manual, which is available 
from the RA, upon request, contains the application forms.
    (B) After reviewing the application, the RA will determine whether 
to issue a letter of authorization (LOA) to conduct pre-certification 
trials upon the vessel specified in the application. The RA will issue a 
pre-certification phase LOA if the BRD design is substantially unlike 
any BRD design previously determined not to meet the BRD certification 
criterion or, if the design is substantially similar to a BRD design 
previously determined not to meet the BRD certification criteria, and 
the application demonstrates that the design could meet the 
certification criterion through design revision or upon retesting (e.g., 
the application shows that statistical results could be improved upon 
retesting by such things as using a larger sample size than that 
previously used). If the RA authorizes pre-certification, the RA's 
letter of authorization must be on board the vessel during any trip 
involving the BRD testing.
    (ii) Certification. A person who proposes a BRD for certification 
for use in the Gulf EEZ must submit an application to test such BRD, 
conduct the testing, and submit the results of the test in accordance 
with the Gulf Of Mexico Bycatch Reduction Device Testing Protocol 
Manual. The RA will issue a LOA to conduct certification trials upon the 
vessel specified in the application if the RA finds that: The test plan 
meets the requirements of the protocol; the observer identified in the 
application is qualified and has no current or prior financial 
relationship with the entity seeking BRD certification; the application 
presents a BRD candidate substantially unlike BRDs previously determined 
not to meet the current bycatch reduction criterion, or the applicant 
has shown good cause for reconsideration (such as the likelihood of 
improved statistical results yielded from a larger sample size than that 
previously used); and for BRDs not previously tested for certification, 
the results of any pre-certification trials conducted have been reviewed 
and deemed to indicate a reasonable scientific basis for conducting 
certification testing. If authorization to conduct certification trials 
is denied, the RA will provide a letter of explanation to the applicant, 
together with relevant recommendations to address the deficiencies 
resulting in the denial. If a BRD meets the certification criterion, as 
determined under the testing protocol, NMFS will publish a notice in the 
Federal Register adding the BRD to the list of certified BRDs in 
paragraph (h)(2) of this section providing the specifications for the 
newly certified BRD, including any special conditions deemed appropriate 
based on the certification testing results.
    (iii) A shrimp trawler that is authorized to participate in the pre-
certification phase or to test a BRD in the EEZ for possible 
certification has such written authorization on board and is conducting 
such test in accordance with the Gulf Of Mexico Bycatch Reduction Device 
Testing Protocol Manual is granted a limited exemption from the BRD 
requirement specified in paragraph (h)(1) of this section. The exemption 
from the BRD requirement is limited to those trawls that are being used 
in the certification trials. All other trawls rigged for fishing must be 
equipped with certified BRDs.
    (i) Gulf reef fish exhibiting trap rash. Gulf reef fish in or from 
the Gulf EEZ that exhibit trap rash may be possessed on board a vessel 
only if that vessel has a valid fish trap endorsement, as required under 
Sec. 622.4(a)(2)(i), on board. Possession of such fish on board a vessel 
without a valid fish trap endorsement is prima facie evidence of illegal 
trap use and is prohibited. For the purpose of this paragraph, trap rash 
is defined as physical damage to fish that characteristically results 
from contact with wire fish traps. Such damage includes, but is not 
limited to, broken fin spines, fin rays, or teeth; visually obvious loss 
of scales; and cuts or abrasions

[[Page 186]]

on the body of the fish, particularly on the head, snout, or mouth.

[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; 64 FR 
3628, Jan. 25, 1999; 64 FR 36781, July 8, 1999; 64 FR 37694, July 13, 
1999; 64 FR 43941, Aug. 12, 1999; 64 FR 45459, Aug. 20, 1999; 64 FR 
52428, Sept. 29, 1999; 64 FR 59126, Nov. 2, 1999; 64 FR 68935, Dec. 9, 
1999; 65 FR 16340, Mar. 28, 2000; 65 FR 52957, Aug. 31, 2000; 65 FR 
61116, Oct. 16, 2000]



Sec. 622.42  Quotas.

    Quotas apply for the fishing year for each species or species group. 
Except for the quotas for Gulf and South Atlantic coral, the quotas 
include species harvested from state waters adjoining the EEZ. Quotas 
for species managed under this part are as follows. (See Sec. 622.32 for 
limitations on taking prohibited and limited-harvest species. The 
limitations in Sec. 622.32 apply without regard to whether the species 
is harvested by a vessel operating under a commercial vessel permit or 
by a person subject to the bag limits.)
    (a) Gulf reef fish--(1) Commercial quotas. The following quotas 
apply to persons who fish under commercial vessel permits for Gulf reef 
fish, as required under Sec. 622.4(a)(2)(v).
    (i) Red snapper--4.65 million lb (2.11 million kg), round weight, 
apportioned as follows:
    (A) Two-thirds of the quota specified in Sec. 622.42(a)(1)(i), 3.10 
million lb (1.41 million kg), available at noon on February 1 each year, 
subject to the closure provisions of Secs. 622.34(l) and 
622.43(a)(1)(i).
    (B) The remainder available at noon on October 1 each year, subject 
to the closure provisions of Secs. 622.34(l) and 622.43(a)(1)(i).
    (ii) Deep-water groupers (i.e., yellowedge grouper, misty grouper, 
warsaw grouper, snowy grouper, and speckled hind), and, after the quota 
for shallow-water grouper is reached, scamp, combined--1.60 million lb 
(0.73 million kg), round weight.
    (iii) Shallow-water groupers (i.e., all groupers other than deep-
water groupers, jewfish, and Nassau grouper), including scamp before the 
quota for shallow-water groupers is reached, combined--9.80 million lb 
(4.45 million kg), round weight.
    (2) Recreational quota for red snapper. The following quota applies 
to persons who harvest red snapper other than under commercial vessel 
permits for Gulf reef fish and the commercial quota specified in 
paragraph (a)(1)(i) of this section--4.47 million lb (2.03 million kg), 
round weight.
    (3) Shallow-water groupers, that is, all groupers other than deep-
water groupers, jewfish, and Nassau grouper, including scamp before the 
quota for shallow-water groupers is reached, combined--9.8 million lb 
(4.4 million kg), round weight.
    (b) Gulf and South Atlantic allowable octocoral. The quota for all 
persons who harvest allowable octocoral in the EEZ of the Gulf and South 
Atlantic is 50,000 colonies. A colony is a continuous group of coral 
polyps forming a single unit.
    (c) King and Spanish mackerel. King and Spanish mackerel quotas 
apply to persons who fish under commercial vessel permits for king or 
Spanish mackerel, as required under Sec. 622.4(a)(2)(iii) or (iv). A 
fish is counted against the quota for the area where it is caught when 
it is first sold.
    (1) Migratory groups of king mackerel-- (i) Gulf migratory group. 
The quota for the Gulf migratory group of king mackerel is 3.26 million 
lb (1.48 million kg). The Gulf migratory group is divided into eastern 
and western zones separated by 87 deg.31'06' W. long., which is a line 
directly south from the Alabama/Florida boundary. Quotas for the eastern 
and western zones are as follows:
    (A) Eastern zone--2.25 million lb (1.02 million kg), which is 
further divided into quotas as follows:
    (1) Florida east coast subzone--1,040,625 lb (472,020 kg).
    (2) Florida west coast subzone--(i) Southern--1,040,625 lb (472,020 
kg), which is further divided into a quota of 520,312 lb (236,010 kg) 
for vessels fishing with hook-and-line and a quota of 520,312 lb 
(236,010 kg) for vessels fishing with run-around gillnets.
    (ii) Northern--168,750 lb (76,544 kg).
    (3) Description of Florida subzones. The Florida east coast subzone 
is that part of the eastern zone north of 25 deg.20.4' N. lat., which is 
a line directly east

[[Page 187]]

from the Miami-Dade/Monroe County, FL, boundary. The Florida west coast 
subzone is that part of the eastern zone south and west of 25 deg.20.4' 
N. lat. The Florida west coast subzone is further divided into southern 
and northern subzones. From November 1 through March 31, the southern 
subzone is that part of the Florida west coast subzone that extends 
south and west from 25 deg.20.4' N. lat. to 26 deg.19.8' N. lat., a line 
directly west from the Lee/Collier County, FL, boundary (i.e., the area 
off Collier and Monroe Counties). From April 1 through October 31, the 
southern subzone is that part of the Florida west coast subzone that is 
between 26 deg.19.8' N. lat. and 25 deg.48' N. lat., which is a line 
directly west from the Monroe/Collier County, FL, boundary (i.e., off 
Collier County). The northern subzone is that part of the Florida west 
coast subzone that is between 26 deg.19.8' N. lat. and 87 deg.31'06' W. 
long., which is a line directly south from the Alabama/Florida boundary.
    (B) Western zone--1.01 million lb (0.46 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of king mackerel is 3.71 million lb (1.68 million kg). No more 
than 0.40 million lb (0.18 million kg) may be harvested by purse seines.
    (2) Migratory groups of Spanish mackerel--(i) Gulf migratory group. 
The quota for the Gulf migratory group of Spanish mackerel is 5.187 
million lb (2.353 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of Spanish mackerel is 3.87 million lb (1.76 million kg).
    (d) Royal red shrimp in the Gulf. The quota for all persons who 
harvest royal red shrimp in the Gulf is 392,000 lb (177.8 mt), tail 
weight.
    (e) South Atlantic snapper-grouper, excluding wreckfish. The quotas 
apply to persons who are not subject to the bag limits. (See 
Sec. 622.39(a)(1) for applicability of the bag limits.)
    (1) Snowy grouper--344,508 lb (156,266 kg), gutted weight, that is, 
eviscerated but otherwise whole.
    (2) Golden tilefish--1,001,663 lb (454,347 kg), gutted weight, that 
is, eviscerated but otherwise whole.
    (3) Greater amberjack--1,169,931 lb (530,672 kg), gutted weight, 
that is, eviscerated but otherwise whole.
    (f) Wreckfish. The quota for wreckfish applies to wreckfish 
shareholders, or their employees, contractors, or agents, and is 2 
million lb (907,185 kg), round weight. See Sec. 622.15 for information 
on the wreckfish shareholder under the ITQ system.

[61 FR 34934, July 3, 1996, as amended at 61 FR 48643, Sept. 16, 1996; 
62 FR 13988, Mar. 25, 1997; 62 FR 23674, May 1, 1997; 62 FR 46679, Sept. 
4, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 8356, Feb. 19, 1998; 63 FR 
10569, Mar. 4, 1998; 64 FR 3629, Jan. 25, 1999; 64 FR 45459, Aug. 20, 
1999; 64 FR 59126, Nov. 2, 1999; 65 FR 16340, Mar. 28, 2000; 65 FR 
30363, May 11, 2000; 65 FR 41016, July 3, 2000; 65 FR 50162, Aug. 17, 
2000; 66 FR 17369, Mar. 30, 2001]



Sec. 622.43  Closures.

    (a) General. When a quota specified in Sec. 622.42 is reached, or is 
projected to be reached, the Assistant Administrator will file a 
notification to that effect with the Office of the Federal Register. On 
and after the effective date of such notification, for the remainder of 
the fishing year, the following closure restrictions apply:
    (1) Gulf reef fish--(i) Commercial quotas. The bag and possession 
limits specified in Sec. 622.39(b) apply to all harvest or possession in 
or from the Gulf EEZ of the indicated species, and the sale or purchase 
of the indicated species taken from the Gulf EEZ is prohibited. In 
addition, the bag and possession limits for red snapper apply on board a 
vessel for which a commercial permit for Gulf reef fish has been issued, 
as required under Sec. 622.4(a)(2)(v), without regard to where such red 
snapper were harvested. However, the bag and possession limits for red 
snapper apply only when the recreational quota for red snapper has not 
been reached and the bag and possession limit has not been reduced to 
zero under paragraph (a)(1)(ii) of this section.
    (ii) Recreational quota for red snapper. The bag and possession 
limit for red snapper in or from the Gulf EEZ is zero.
    (2) Gulf and South Atlantic allowable octocoral. Allowable octocoral 
may not be harvested or possessed in the Gulf EEZ or South Atlantic EEZ 
and the sale or purchase of allowable octocoral

[[Page 188]]

in or from the Gulf EEZ or South Atlantic EEZ is prohibited.
    (3) King and Spanish mackerel. The closure provisions of this 
paragraph (a)(3) do not apply to Atlantic migratory group Spanish 
mackerel, which are managed under the commercial trip limits specified 
in Sec. 622.44(b) in lieu of the closure provisions of this section.
    (i) A person aboard a vessel for which a commercial permit for king 
or Spanish mackerel has been issued, as required under 
Sec. 622.4(a)(2)(iii) or (iv), may not fish for king or Spanish mackerel 
in the EEZ or retain king or Spanish mackerel in or from the EEZ under a 
bag or possession limit specified in Sec. 622.39(c) for the closed 
species, migratory group, zone, subzone, or gear, except as provided for 
under paragraph (a)(3)(ii) of this section.
    (ii) A person aboard a vessel for which the permit indicates both 
charter vessel/headboat for coastal migratory pelagic fish and 
commercial king or Spanish mackerel may continue to retain fish under a 
bag and possession limit specified in Sec. 622.39(c), provided the 
vessel is operating as a charter vessel or headboat.
    (iii) The sale or purchase of king or Spanish mackerel of the closed 
species, migratory group, zone, subzone, or gear type is prohibited, 
including such king or Spanish mackerel taken under the bag limits.
    (4) Royal red shrimp in the Gulf. Royal red shrimp in or from the 
Gulf EEZ may not be retained, and the sale or purchase of royal red 
shrimp taken from the Gulf EEZ is prohibited.
    (5) South Atlantic snapper-grouper, excluding wreckfish--(i) Greater 
amberjack. The bag limit specified in Sec. 622.39(d)(1)(i) and the 
possession limits specified in Sec. 622.39(d)(2) apply to all harvest or 
possession of greater amberjack in or from the South Atlantic EEZ, and 
the sale or purchase of greater amberjack taken from the EEZ is 
prohibited. In addition, the bag and possession limits for greater 
amberjack and the prohibition on sale/purchase apply in the South 
Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such greater amberjack were 
harvested.
    (ii) Golden tilefish and snowy grouper. Golden tilefish and snowy 
grouper, for which there are quotas, are managed under the commercial 
trip limits specified in Sec. 622.44(c) in lieu of the closure 
provisions of this section.
    (6) Wreckfish. Wreckfish in or from the South Atlantic EEZ may not 
be retained, and the sale or purchase of wreckfish taken from the South 
Atlantic EEZ is prohibited.
    (b) Exception to prohibition on sale/purchase. (1) The prohibition 
on sale/purchase during a closure for Gulf reef fish, king and Spanish 
mackerel, royal red shrimp, greater amberjack, or wreckfish in 
paragraphs (a)(1), (a)(3)(iii), (a)(4), (a)(5)(i), or (a)(6) of this 
section does not apply to the indicated species that were harvested, 
landed ashore, and sold prior to the effective date of the closure and 
were held in cold storage by a dealer or processor.
    (2) The prohibition on sale/purchase during a closure for allowable 
octocoral in paragraph (a)(2) of this section does not apply to 
allowable octocoral that was harvested and landed ashore prior to the 
effective date of the closure.
    (c) Reopening. When a fishery has been closed based on a projection 
of the quota specified in Sec. 622.42 being reached and subsequent data 
indicate that the quota was not reached, the Assistant Administrator may 
file a notification to that effect with the Office of the Federal 
Register. Such notification may reopen the fishery to provide an 
opportunity for the quota to be reached.

[61 FR 34934, July 3, 1996, as amended at 62 FR 13988, Mar. 25, 1997; 62 
FR 46679, Sept. 4, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 10569, Mar. 
4, 1998; 64 FR 3629, Jan. 25, 1999; 64 FR 59126, Nov. 2, 1999]



Sec. 622.44  Commercial trip limits.

    Commercial trip limits are limits on the amount of the applicable 
species that may be possessed on board or landed, purchased, or sold 
from a vessel per day. A person who fishes in the EEZ may not combine a 
trip limit specified in this section with any trip or possession limit 
applicable to state

[[Page 189]]

waters. A species subject to a trip limit specified in this section 
taken in the EEZ may not be transferred at sea, regardless of where such 
transfer takes place, and such species may not be transferred in the 
EEZ. For fisheries governed by this part, commercial trip limits apply 
as follows (all weights are round or eviscerated weights):
    (a) King mackerel--(1) Atlantic group. The following trip limits 
apply to vessels for which commercial permits for king mackerel have 
been issued, as required under Sec. 622.4(a)(2)(iii):
    (i) North of 29 deg.25' N. lat., which is a line directly east from 
the Flagler/Volusia County, FL, boundary, king mackerel in or from the 
EEZ may not be possessed on board or landed from a vessel in a day in 
amounts exceeding 3,500 lb (1,588 kg).
    (ii) In the area between 29 deg.25' N. lat. and 28 deg.47.8' N. 
lat., which is a line directly east from the Volusia/Brevard County, FL, 
boundary, king mackerel in or from the EEZ may not be possessed on board 
or landed from a vessel in a day in amounts exceeding 3,500 lb (1,588 
kg) from April 1 through October 31.
    (iii) In the area between 28 deg.47.8' N. lat. and 25 deg.20.47' N. 
lat., which is a line directly east from the Miami-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 75 fish from 
April 1 through October 31.
    (iv) In the area between 25 deg.20.4' N. lat. and 25 deg.48' N. 
lat., which is a line directly west from the Monroe/Collier County, FL, 
boundary, king mackerel in or from the EEZ may not be possessed on board 
or landed from a vessel in a day in amounts exceeding 1,250 lb (567 kg) 
from April 1 through October 31.
    (2) Gulf group. Commercial trip limits are established in the 
eastern and western zones as follows. (See Sec. 622.42(c)(1)(i) for 
specification of the eastern and western zones and 
Sec. 622.42(c)(1)(i)(A)(3) for specifications of the subzones in the 
eastern zone.)
    (i) Eastern zone-Florida east coast subzone. In the Florida east 
coast subzone, king mackerel in or from the EEZ may be possessed on 
board at any time or landed in a day from a vessel with a commercial 
permit for king mackerel as required under Sec. 622.4(a)(2)(iii) as 
follows:
    (A) From November 1 through January 31--not to exceed 50 fish.
    (B) Beginning on February 1 and continuing through March 31--
    (1) If 75 percent or more of the Florida east coast subzone quota as 
specified in Sec. 622.42(c)(1)(i)(A)(1) has been taken--not to exceed 50 
fish.
    (2) If less than 75 percent of the Florida east coast subzone quota 
as specified in Sec.  622.42(c)(1)(i)(A)(1) has been taken--not to 
exceed 75 fish.
    (ii) Eastern zone-Florida west coast subzone--(A) Gillnet gear. (1) 
In the southern Florida west coast subzone, king mackerel in or from the 
EEZ may be possessed on board or landed from a vessel for which a 
commercial permit with a gillnet endorsement has been issued, as 
required under Sec. 622.4(a)(2)(ii), in amounts not exceeding 25,000 lb 
(11,340 kg) per day, provided the gillnet fishery for Gulf group king 
mackerel is not closed under Sec. 622.34(p) or Sec. 622.43(a).
    (2) In the southern Florida west coast subzone:
    (i) King mackerel in or from the EEZ may be possessed on board or 
landed from a vessel that uses or has on board a run-around gillnet on a 
trip only when such vessel has on board a commercial permit for king 
mackerel with a gillnet endorsement.
    (ii) King mackerel from the southern west coast subzone landed by a 
vessel for which such commercial permit with endorsement has been issued 
will be counted against the run-around gillnet quota of 
Sec. 622.42(c)(1)(i)(A)(2)(i).
    (iii) King mackerel in or from the EEZ harvested with gear other 
than run-around gillnet may not be retained on board a vessel for which 
such commercial permit with endorsement has been issued.
    (B) Hook-and-line gear. In the Florida west coast subzone, king 
mackerel in or from the EEZ may be possessed on board or landed from a 
vessel with a commercial permit for king mackerel, as required by 
Sec. 622.4(a)(2)(iii), and operating under the hook-and-line gear quotas 
in Sec. 622.42(c)(1)(i)(A)(2)(i) or (c)(1)(i)(A)(2)(ii):
    (1) From July 1, each fishing year, until 75 percent of the 
respective

[[Page 190]]

northern or southern subzone's hook-and-line gear quota has been 
harvested--in amounts not exceeding 1,250 lb (567 kg) per day.
    (2) From the date that 75 percent of the respective northern or 
southern subzone's hook-and-line gear quota has been harvested, until a 
closure of the respective northern or southern subzone's fishery for 
vessels fishing with hook-and-line gear has been effected under 
Sec. 622.43(a)--in amounts not exceeding 500 lb (227 kg) per day.
    (iii) Notice of trip limit changes. The Assistant Administrator, by 
filing a notification of trip limit change with the Office of the 
Federal Register, will effect the trip limit changes specified in 
paragraphs (a)(2)(i) and (a)(2)(ii)(B) of this section when the 
requisite harvest level has been reached or is projected to be reached.
    (iv) Western zone. In the western zone, king mackerel in or from the 
EEZ may be possessed on board or landed from a vessel for which a 
commercial permit for king mackerel has been issued, as required under 
Sec. 622.4(a)(2)(ii), from July 1, each fishing year, until a closure of 
the western zone's fishery has been effected under Sec. 622.43(a)--in 
amounts not exceeding 3,000 lb (1,361 kg) per day.
    (b) Spanish mackerel. (1) Commercial trip limits are established for 
Atlantic migratory group Spanish mackerel as follows:
    (i) North of 30 deg.42'45.6" N. lat., which is a line directly east 
from the Georgia/Florida boundary, Spanish mackerel in or from the EEZ 
may not be possessed on board or landed in a day from a vessel for which 
a permit for Spanish mackerel has been issued, as required under 
Sec. 622.4(a)(2)(iv), in amounts exceeding 3,500 lb (1,588 kg).
    (ii) South of 30 deg.42'45.6" N. lat., Spanish mackerel in or from 
the EEZ may not be possessed on board or landed in a day from a vessel 
for which a permit for Spanish mackerel has been issued, as required 
under Sec. 622.4(a)(2)(iv)--
    (A) From April 1 through November 30, in amounts exceeding 3,500 lb 
(1,588 kg).
    (B) From December 1 until 75 percent of the adjusted quota is taken, 
in amounts as follows:
    (1) Mondays through Fridays--unlimited.
    (2) Saturdays and Sundays--not exceeding 1,500 lb (680 kg).
    (C) After 75 percent of the adjusted quota is taken until 100 
percent of the adjusted quota is taken, in amounts not exceeding 1,500 
lb (680 kg).
    (D) After 100 percent of the adjusted quota is taken through the end 
of the fishing year, in amounts not exceeding 500 lb (227kg).
    (2) For the purpose of paragraph (b)(1)(ii) of this section, the 
adjusted quota is 3.62 million lb (1.64 million kg). The adjusted quota 
is the quota for Atlantic migratory group Spanish mackerel reduced by an 
amount calculated to allow continued harvests of Atlantic migratory 
group Spanish mackerel at the rate of 500 lb (227 kg) per vessel per day 
for the remainder of the fishing year after the adjusted quota is 
reached. By filing a notification with the Office of the Federal 
Register, the Assistant Administrator will announce when 75 percent and 
100 percent of the adjusted quota is reached or is projected to be 
reached.
    (3) For the purpose of paragraph (b)(1)(ii) of this section, a day 
starts at 6 a.m., local time, and extends for 24 hours. If a vessel 
terminates a trip prior to 6 a.m., but retains Spanish mackerel on board 
after that time, the Spanish mackerel retained on board will not be 
considered in possession during the succeeding day, provided the vessel 
is not underway between 6 a.m. and the time such Spanish mackerel are 
unloaded, and provided such Spanish mackerel are unloaded prior to 6 
p.m.
    (c) South Atlantic snapper-grouper. When a vessel fishes on a trip 
in the South Atlantic EEZ, the vessel trip limits specified in this 
paragraph (c) apply, provided persons aboard the vessel are not subject 
to the bag limits. See Sec. 622.39(a) for applicability of the bag 
limits.
    (1) Trip-limited permits. A vessel for which a trip-limited permit 
for South Atlantic snapper-grouper has been issued is limited to 225 lb 
(102.1 kg) of snapper-grouper.
    (2) Golden tilefish. (i) Until the fishing year quota specified in 
Sec. 622.42(e)(2) is reached, 5,000 lb (2,268 kg).

[[Page 191]]

    (ii) After the fishing year quota specified in Sec. 622.42(e)(2) is 
reached, 300 lb (136 kg).
    (3) Snowy grouper. (i) Until the fishing year quota specified in 
Sec. 622.42(e)(1) is reached, 2,500 lb (1,134 kg).
    (ii) After the fishing year quota specified in Sec. 622.42(e)(1) is 
reached, 300 lb (136 kg).
    (4) Red porgy. (i) From May 1 through December 31, 50 lb (22.7 kg).
    (ii) From January 1 through April 30, the seasonal harvest limit 
specified in Sec. 622.36(b)(5) applies.
    (5) Greater amberjack. Until the fishing year quota specified in 
Sec.  622.42(e)(3) is reached, 1,000 lb (454 kg). See Sec.  
622.43(a)(5)(i) for the limitations regarding greater amberjack after 
the fishing year quota is reached.
    (d) Gulf red snapper. (1) The trip limit for red snapper in or from 
the Gulf for a vessel that has on board a valid commercial permit for 
Gulf reef fish and a valid Class 1 red snapper license is 2,000 lb (907 
kg), round or eviscerated weight.
    (2) The trip limit for red snapper in or from the Gulf for a vessel 
that has on board a valid commercial permit for Gulf reef fish and a 
valid Class 2 red snapper license is 200 lb (91 kg), round or 
eviscerated weight.
    (3) The trip limit for red snapper in or from the Gulf for any other 
vessel for which a commercial permit for Gulf reef fish has been issued 
is zero.
    (4) As a condition of a commercial vessel permit for Gulf reef fish, 
as required under Sec. 622.4(a)(2)(v), without regard to where red 
snapper are harvested or possessed, a vessel that has been issued such 
permit--
    (i) May not possess red snapper in or from the Gulf in excess of the 
appropriate vessel trip limit, as specified in paragraphs (d)(1) through 
(d)(3) of this section.
    (ii) May not transfer or receive at sea red snapper in or from the 
Gulf.
    (e) Caribbean queen conch. A person who fishes in the Caribbean EEZ 
and is not subject to the bag limit may not possess in or from the 
Caribbean EEZ more than 150 queen conch per day.

[61 FR 34934, July 3, 1996, as amended at 61 FR 48415, Sept. 13, 1996; 
61 FR 48851, Sept. 17, 1996; 61 FR 65484, Dec. 13, 1996; 62 FR 23674, 
May 1, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 8356, Feb. 19, 1998; 63 
FR 10569, Mar. 4, 1998; 63 FR 38303, July 16, 1998; 64 FR 45459, Aug. 
20, 1999; 64 FR 59126, Nov. 2, 1999; 65 FR 16341, Mar. 28, 2000; 65 FR 
30364, May 11, 2000; 65 FR 41016, July 3, 2000; 65 FR 51252, Aug. 23, 
2000; 65 FR 55205, Sept. 13, 2000; 66 FR 17370, Mar. 30, 2001]



Sec. 622.45  Restrictions on sale/purchase.

    In addition to restrictions on sale/purchase related to closures, as 
specified in Sec. 622.43 (a) and (b), restrictions on sale and/or 
purchase apply as follows.
    (a) Caribbean coral reef resource. (1) No person may sell or 
purchase a Caribbean prohibited coral harvested in the Caribbean EEZ.
    (2) A Caribbean prohibited coral that is sold in Puerto Rico or the 
U.S. Virgin Islands will be presumed to have been harvested in the 
Caribbean EEZ, unless it is accompanied by documentation showing that it 
was harvested elsewhere. Such documentation must contain:
    (i) The information specified in subpart K of part 300 of this title 
for marking containers or packages of fish or wildlife that are 
imported, exported, or transported in interstate commerce.
    (ii) The name and home port of the vessel, or the name and address 
of the individual, harvesting the Caribbean prohibited coral.
    (iii) The port and date of landing the Caribbean prohibited coral.
    (iv) A statement signed by the person selling the Caribbean 
prohibited coral attesting that, to the best of his or her knowledge, 
information, and belief, such Caribbean prohibited coral was harvested 
other than in the Caribbean EEZ or the waters of Puerto Rico or the U.S. 
Virgin Islands.
    (b) Caribbean reef fish. A live red hind or live mutton snapper in 
or from the Caribbean EEZ may not be sold or purchased and used in the 
marine aquarium trade.

[[Page 192]]

    (c) Gulf reef fish. (1) A Gulf reef fish harvested in the EEZ on 
board a vessel that does not have a valid commercial permit for Gulf 
reef fish, as required under Sec. 622.4(a)(2)(v), or a Gulf reef fish 
possessed under the bag limits specified in Sec. 622.39(b), may not be 
sold or purchased.
    (2) A Gulf reef fish harvested on board a vessel that has a valid 
commercial permit for Gulf reef fish may be sold only to a dealer who 
has a valid permit for Gulf reef fish, as required under 
Sec. 622.4(a)(4).
    (3) A Gulf reef fish harvested in the EEZ may be purchased by a 
dealer who has a valid permit for Gulf reef fish, as required under 
Sec. 622.4(a)(4), only from a vessel that has a valid commercial permit 
for Gulf reef fish.
    (4) From February 15 until March 15, each year, no person may sell 
or purchase a gag, black grouper, or red grouper harvested from the Gulf 
by a vessel with a valid Federal commercial permit for Gulf reef fish. 
This prohibition on sale/purchase does not apply to gag, black grouper, 
or red grouper that were harvested, landed ashore, and sold prior to 
February 15 and were held in cold storage by a dealer or processor.
    (d) South Atlantic snapper-grouper. (1) A person may sell South 
Atlantic snapper-grouper harvested in the EEZ only to a dealer who has a 
valid permit for South Atlantic snapper-grouper, as required under 
Sec. 622.4(a)(4).
    (2) A person may purchase South Atlantic snapper-grouper harvested 
in the EEZ only from a vessel that has a valid commercial permit for 
South Atlantic snapper-grouper, as required under Sec. 622.4(a)(2)(vi), 
or from a person who has a valid commercial license to sell fish in the 
state where the purchase occurs.
    (3) Except for the sale or purchase of South Atlantic snapper-
grouper harvested by a vessel that has a valid commercial permit for 
South Atlantic snapper-grouper, the sale or purchase of such fish is 
limited to the bag limits specified in Sec. 622.39(d)(1).
    (4) A warsaw grouper or speckled hind in or from the South Atlantic 
EEZ may not be sold or purchased.
    (5) During January, February, March, and April, no person may sell 
or purchase a red porgy harvested from the South Atlantic EEZ or, if 
harvested by a vessel for which a valid Federal commercial or charter 
vessel/headboat permit for South Atlantic snapper-grouper has been 
issued, harvested from the South Atlantic. The prohibition on sale/
purchase during January through April does not apply to red porgy that 
were harvested, landed ashore, and sold prior to January 1 and were held 
in cold storage by a dealer or processor. This prohibition also does not 
apply to a dealer's purchase or sale of red porgy harvested from an area 
other than the South Atlantic, provided such fish is accompanied by 
documentation of harvest outside the South Atlantic. Such documentation 
must contain:
    (i) The information specified in 50 CFR part 300 subpart K for 
marking containers or packages of fish or wildlife that are imported, 
exported, or transported in interstate commerce;
    (ii) The official number, name, and home port of the vessel 
harvesting the red porgy;
    (iii) The port and date of offloading from the vessel harvesting the 
red porgy; and
    (iv) A statement signed by the dealer attesting that the red porgy 
was harvested from an area other than the South Atlantic.
    (6) During April, no person may sell or purchase a greater amberjack 
harvested from the South Atlantic EEZ or, if harvested by a vessel for 
which a valid Federal commercial or charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, harvested from the South 
Atlantic. The prohibition on sale/purchase during April does not apply 
to greater amberjack that were harvested, landed ashore, and sold prior 
to April 1 and were held in cold storage by a dealer or processor. This 
prohibition also does not apply to a dealer's purchase or sale of 
greater amberjack harvested from an area other than the South Atlantic, 
provided such fish is accompanied by documentation of harvest outside 
the South Atlantic. Such documentation must contain:
    (i) The information specified in 50 CFR part 300 subpart K for 
marking containers or packages of fish or wildlife that are imported, 
exported, or transported in interstate commerce;

[[Page 193]]

    (ii) The official number, name, and home port of the vessel 
harvesting the greater amberjack;
    (iii) The port and date of offloading from the vessel harvesting the 
greater amberjack; and
    (iv) A statement signed by the dealer attesting that the greater 
amberjack was harvested from an area other than the South Atlantic.
    (7) During March and April, no person may sell or purchase a gag or 
black grouper harvested from the South Atlantic EEZ or, if harvested by 
a vessel for which a valid Federal commercial or charter vessel/headboat 
permit for South Atlantic snapper-grouper has been issued, harvested 
from the South Atlantic. The prohibition on sale/purchase during March 
and April does not apply to gag or black grouper that were harvested, 
landed ashore, and sold prior to March 1 and were held in cold storage 
by a dealer or processor. This prohibition also does not apply to a 
dealer's purchase or sale of gag or black grouper harvested from an area 
other than the South Atlantic, provided such fish is accompanied by 
documentation of harvest outside the South Atlantic. Such documentation 
must contain:
    (i) The information specified in 50 CFR part 300 subpart K for 
marking containers or packages of fish or wildlife that are imported, 
exported, or transported in interstate commerce;
    (ii) The official number, name, and home port of the vessel 
harvesting the gag or black grouper;
    (iii) The port and date of offloading from the vessel harvesting the 
gag or black grouper; and
    (iv) A statement signed by the dealer attesting that the gag or 
black grouper was harvested from an area other than the South Atlantic.
    (e) Gulf and South Atlantic wild live rock. Wild live rock in or 
from the Gulf EEZ or South Atlantic EEZ may not be sold or purchased. 
The prohibition on sale or purchase does not apply to wild live rock 
from the South Atlantic EEZ that was harvested and landed prior to 
January 1, 1996, or to wild live rock from the Gulf EEZ that was 
harvested and landed prior to January 1, 1997.
    (f) South Atlantic golden crab. (1) A female golden crab in or from 
the South Atlantic EEZ may not be sold or purchased.
    (2) A golden crab harvested in the South Atlantic EEZ on board a 
vessel that does not have a valid commercial permit for golden crab, as 
required under Sec. 622.4(a)(2)(x), may not be sold or purchased.
    (3) A golden crab harvested on board a vessel that has a valid 
commercial permit for golden crab may be sold only to a dealer who has a 
valid permit for golden crab, as required under Sec. 622.4(a)(4).
    (4) A golden crab harvested in the South Atlantic EEZ may be 
purchased by a dealer who has a valid permit for golden crab, as 
required under Sec. 622.4(a)(4), only from a vessel that has a valid 
commercial permit for golden crab.
    (g) South Atlantic rock shrimp. (1) Rock shrimp harvested in the 
South Atlantic EEZ on board a vessel that does not have a valid 
commercial permit for rock shrimp, as required under 
Sec. 622.4(a)(2)(viii), may not be transferred, received, sold, or 
purchased.
    (2) Rock shrimp harvested on board a vessel that has a valid 
commercial permit for rock shrimp may be transferred or sold only to a 
dealer who has a valid permit for rock shrimp, as required under 
Sec. 622.4(a)(4).
    (3) Rock shrimp harvested in the South Atlantic EEZ may be received 
or purchased by a dealer who has a valid permit for rock shrimp, as 
required under Sec. 622.4(a)(4), only from a vessel that has a valid 
commercial permit for rock shrimp.
    (h) Cut-off (damaged) king or Spanish mackerel. A person may not 
sell or purchase a cut-off (damaged) king or Spanish mackerel that does 
not comply with the minimum size limits specified in Sec. 622.37(c)(2) 
or (c)(3), respectively, or that is in excess of the trip limits 
specified in Sec. 622.44(a) or (b), respectively.

[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; 63 FR 57590, Oct. 
28, 1998; 64 FR 3629, Jan. 25, 1999; 64 FR 59126, Nov. 2, 1999; 65 FR 
16341, Mar. 28, 2000; 65 FR 31831, May 19, 2000; 65 FR 51253, Aug. 23, 
2000]

[[Page 194]]



Sec. 622.46  Prevention of gear conflicts.

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

[61 FR 34934, July 3, 1996, as amended at 64 FR 59126, Nov. 2, 1999]



Sec. 622.47  Gulf groundfish trawl fishery.

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



Sec. 622.48  Adjustment of management measures.

    In accordance with the framework procedures of the applicable FMPs, 
the RA may establish or modify the following items:
    (a) Caribbean coral reef resources. Species for which management 
measures may be specified; prohibited species; harvest limitations, 
including quotas, trip, or daily landing limits; gear restrictions; 
closed seasons or areas; and marine conservation districts.
    (b) Caribbean reef fish. Size limits, closed seasons or areas, fish 
trap mesh size, and the threshold level for overfishing.
    (c) Coastal migratory pelagic fish. For a species or species group: 
Age-structured analyses, target date for rebuilding an overfished 
species, MSY (or proxy), stock biomass achieved by fishing at MSY 
(BMSY) (or proxy), maximum fishing mortality threshold 
(MFMT), minimum stock size threshold (MSST), OY, TAC, quota (including a 
quota of zero), bag limit (including a bag limit of zero), size limits, 
vessel trip limits, closed seasons or areas and reopenings, gear 
restrictions (ranging from regulation to complete prohibition), 
reallocation of the commercial/recreational allocation of Atlantic group 
Spanish mackerel, permit requirements, definitions of essential fish 
habitat, and essential fish habitat HAPCs or Coral HAPCs.
    (d) Gulf reef fish. (1) For a species or species group: Target date 
for rebuilding an overfished species, TAC, bag limits, size limits, 
vessel trip limits, closed seasons or areas, gear restrictions, quotas, 
MSY (or proxy), OY, and estimates of stock biomass achieved by fishing 
at MSY (BMSY), minimum stock size threshold (MSST), and 
maximum fishing mortality threshold (MFMT).
    (2) SMZs and the gear restrictions applicable in each.
    (e) Gulf royal red shrimp. MSY, OY, and TAC.

[[Page 195]]

    (f) South Atlantic snapper-grouper and wreckfish. Biomass levels, 
age-structured analyses, target dates for rebuilding overfished species, 
MSY, ABC, TAC, quotas, trip limits, bag limits, minimum sizes, gear 
restrictions (ranging from regulation to complete prohibition), seasonal 
or area closures, definitions of essential fish habitat, essential fish 
habitat, essential fish habitat HAPCs or Coral HAPCs, and restrictions 
on gear and fishing activities applicable in essential fish habitat and 
essential fish habitat HAPCs.
    (g) South Atlantic golden crab. Biomass levels, age-structured 
analyses, MSY, ABC, TAC, quotas (including quotas 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, authority for the RA to close the 
fishery when a quota is reached or is projected to be reached, 
definitions of essential fish habitat, and essential fish habitat HAPCs 
or Coral HAPCs.
    (h) South Atlantic shrimp. Biomass levels, age-structured analyses, 
BRD certification criteria, BRD specifications, BRD testing protocol, 
certified BRDs, nets required to use BRDs, times and locations when the 
use of BRDs is required, definitions of essential fish habitat, and 
essential fish habitat HAPCs or Coral HAPCs.
    (i) Gulf shrimp. Bycatch reduction criteria, BRD certification and 
decertification criteria, BRD testing protocol, certified BRDs, and BRD 
specifications.
    (j) Gulf red drum. Target date for rebuilding an overfished species, 
MSY (or proxy), stock biomass achieved by fishing at MSY 
(BMSY), OY, TAC, minimum stock size threshold (MSST), maximum 
fishing mortality threshold (MFMT), escapement rates for juvenile fish, 
bag limits, size limits, gear harvest limits, and other restrictions 
required to prevent exceeding allocations or quotas.
    (k) Atlantic coast red drum. Definitions of essential fish habitat 
and essential fish habitat HAPCs or Coral HAPCs.
    (l) South Atlantic coral, coral reefs, and live/hard bottom 
habitats. Definitions of essential fish habitat and essential fish 
habitat HAPCs or Coral HAPCs.

[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; 64 FR 36781, July 8, 1999; 65 FR 
31835, May 19, 2000; 65 FR 37296, June 14, 2000; 65 FR 51253, Aug. 23, 
2000]

                 Appendix A to Part 622--Species Tables

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

I. Sponges--Phylum Porifera
    A. Demosponges--Class Demospongiae
    Aphimedon compressa, Erect rope sponge
    Chondrilla nucula, Chicken liver sponge
    Cynachirella alloclada
    Geodia neptuni, Potato sponge
    Haliclona sp., Finger sponge
    Myriastra sp.
    Niphates digitalis, Pink vase sponge
    N. erecta, Lavender rope sponge
    Spinosella policifera
    S. vaginalis
    Tethya crypta
II. Coelenterates--Phylum Coelenterata
    A. Hydrocorals--Class Hydrozoa
    1. Hydroids--Order Athecatae
    Family Milleporidae
    Millepora spp., Fire corals
    Family Stylasteridae
    Stylaster roseus, Rose lace corals
    B. Anthozoans--Class Anthozoa
    1. Soft corals--Order Alcyonacea
    Family Anthothelidae
    Erythropodium caribaeorum, Encrusting gorgonian
    Iciligorgia schrammi, Deepwater sea fan
    Family Briaridae
    Briareum asbestinum, Corky sea finger
    Family Clavulariidae
    Carijoa riisei
    Telesto spp.
    2. Gorgonian corals--Order Gorgonacea
    Family Ellisellidae
    Ellisella spp., Sea whips
    Family Gorgoniidae
    Gorgonia flabellum, Venus sea fan
    G. mariae, Wide-mesh sea fan
    G. ventalina, Common sea fan
    Pseudopterogorgia acerosa, Sea plume
    P. albatrossae
    P. americana, Slimy sea plume
    P. bipinnata, Bipinnate plume
    P. rigida
    Pterogorgia anceps, Angular sea whip
    P. citrina, Yellow sea whip
    Family Plexauridae
    Eunicea calyculata, Warty sea rod
    E. clavigera
    E. fusca, Doughnut sea rod
    E. knighti
    E. laciniata

[[Page 196]]

    E. laxispica
    E. mammosa, Swollen-knob
    E. succinea, Shelf-knob sea rod
    E. touneforti
    Muricea atlantica
    M. elongata, Orange spiny rod
    M. laxa, Delicate spiny rod
    M. muricata, Spiny sea fan
    M. pinnata, Long spine sea fan
    Muriceopsis sp.
    M. flavida, Rough sea plume
    M. sulphurea
    Plexaura flexuosa, Bent sea rod
    P. homomalla, Black sea rod
    Plexaurella dichotoma, Slit-pore sea rod
    P. fusifera
    P. grandiflora
    P. grisea
    P. nutans, Giant slit-pore
    Pseudoplexaura crucis
    P. flagellosa
    P. porosa, Porous sea rod
    P. wagenaari
    3. Hard Corals--Order Scleractinia
    Family Acroporidae
    Acropora cervicornis, Staghorn coral
    A. palmata, Elkhorn coral
    A. prolifera, Fused staghorn
    Family Agaricidae
    Agaricia agaricities, Lettuce leaf coral
    A. fragilis, Fragile saucer
    A. lamarcki, Lamarck's sheet
    A. tenuifolia, Thin leaf lettuce
    Leptoseris cucullata, Sunray lettuce
    Family Astrocoeniidae
    Stephanocoenia michelinii, Blushing star
    Family Caryophyllidae
    Eusmilia fastigiata, Flower coral
    Tubastrea aurea, Cup coral
    Family Faviidae
    Cladocora arbuscula, Tube coral
    Colpophyllia natans, Boulder coral
    Diploria clivosa, Knobby brain coral
    D. labyrinthiformis, Grooved brain
    D. strigosa, Symmetrical brain
    Favia fragum, Golfball coral
    Manicina areolata, Rose coral
    M. mayori, Tortugas rose coral
    Montastrea annularis, Boulder star coral
    M. cavernosa, Great star coral
    Solenastrea bournoni, Smooth star coral
    Family Meandrinidae
    Dendrogyra cylindrus, Pillar coral
    Dichocoenia stellaris, Pancake star
    D. stokesi, Elliptical star
    Meandrina meandrites, Maze coral
    Family Mussidae
    Isophyllastrea rigida, Rough star coral
    Isophyllia sinuosa, Sinuous cactus
    Mussa angulosa, Large flower coral
    Mycetophyllia aliciae, Thin fungus coral
    M. danae, Fat fungus coral
    M. ferox, Grooved fungus
    M. lamarckiana, Fungus coral
    Scolymia cubensis, Artichoke coral
    S. lacera, Solitary disk
    Family Oculinidae
    Oculina diffusa, Ivory bush coral
    Family Pocilloporidae
    Madracis decactis, Ten-ray star coral
    M. mirabilis, Yellow pencil
    Family Poritidae
    Porites astreoides, Mustard hill coral
    P. branneri, Blue crust coral
    P. divaricata, Small finger coral
    P. porites, Finger coral
    Family Rhizangiidae
    Astrangia solitaria, Dwarf cup coral
    Phyllangia americana, Hidden cup coral
    Family Siderastreidae
    Siderastrea radians, Lesser starlet
    S. siderea, Massive starlet
    4. Black Corals--Order Antipatharia
    Antipathes spp., Bushy black coral
    Stichopathes spp., Wire coral
    5. Anemones--Order Actiniaria
    Aiptasia tagetes, Pale anemone
    Bartholomea annulata, Corkscrew anemone
    Condylactis gigantea, Giant pink-tipped anemone
    Hereractis lucida, Knobby anemone
    Lebrunia spp., Staghorn anemone
    Stichodactyla helianthus, Sun anemone
    6. Colonial Anemones--Order Zoanthidea
    Zoanthus spp., Sea mat
    7. False Corals--Order Corallimorpharia
    Discosoma spp. (formerly Rhodactis), False coral
    Ricordia florida, Florida false coral
III. Annelid Worms--Phylum Annelida
    A. Polychaetes--Class Polychaeta
    Family Sabellidae, Feather duster worms
    Sabellastarte spp., Tube worms
    S. magnifica, Magnificent duster
    Family Serpulidae
    Spirobranchus giganteus, Christmas tree worm
IV. Mollusks--Phylum Mollusca
    A. Gastropods--Class Gastropoda
    Family Elysiidae
    Tridachia crispata, Lettuce sea slug
    Family Olividae
    Oliva reticularis, Netted olive
    Family Ovulidae
    Cyphoma gibbosum, Flamingo tongue
    Family Ranellidae
    Charonia tritonis, Atlantic triton trumpet
    Family Strombidae, Winged conchs
    Strombus spp. (except Queen conch, S. gigas)
    B. Bivalves--Class Bivalvia
    Family Limidae
    Lima spp., Fileclams
    L. scabra, Rough fileclam
    Family Spondylidae
    Spondylus americanus, Atlantic thorny oyster
    C. Cephalopods--Class Cephalopoda
    1. Octopuses--Order Octopoda
    Family Octopodidae
    Octopus spp. (except the Common octopus, O. vulgaris)
V. Arthropods--Phylum Arthropoda
    A. Crustaceans--Subphylum Crustacea
    1. Decapods--Order Decapoda

[[Page 197]]

    Family Alpheidae
    Alpheaus armatus, Snapping shrimp
    Family Diogenidae
    Paguristes spp., Hermit crabs
    P. cadenati, Red reef hermit
    Family Grapsidae
    Percnon gibbesi, Nimble spray crab
    Family Hippolytidae
    Lysmata spp., Peppermint shrimp
    Thor amboinensis, Anemone shrimp
    Family Majidae, Coral crabs
    Mithrax spp., Clinging crabs
    M. cinctimanus, Banded clinging
    M. sculptus, Green clinging
    Stenorhynchus seticornis, Yellowline arrow
    Family Palaemonida
    Periclimenes spp., Cleaner shrimp
    Family Squillidae, Mantis crabs
    Gonodactylus spp.
    Lysiosquilla spp.
    Family Stenopodidae, Coral shrimp
    Stenopus hispidus, Banded shrimp
    S. scutellatus, Golden shrimp
VI. Bryozoans--Phylum Bryozoa
VII. Echinoderms--Phylum Echinodermata
    A. Feather stars--Class Crinoidea
    Analcidometra armata, Swimming crinoid
    Davidaster spp., Crinoids
    Nemaster spp., Crinoids
    B. Sea stars--Class Asteroidea
    Astropecten spp., Sand stars
    Linckia guildingii, Common comet star
    Ophidiaster guildingii, Comet star
    Oreaster reticulatus, Cushion sea star
    C. Brittle and basket stars--Class Ophiuroidea
    Astrophyton muricatum, Giant basket star
    Ophiocoma spp., Brittlestars
    Ophioderma spp., Brittlestars
    O. rubicundum, Ruby brittlestar
    D. Sea Urchins--Class Echinoidea
    Diadema antillarum, Long-spined urchin
    Echinometra spp., Purple urchin
    Eucidaris tribuloides, Pencil urchin
    Lytechinus spp., Pin cushion urchin
    Tripneustes ventricosus, Sea egg
    E. Sea Cucumbers--Class Holothuroidea
    Holothuria spp., Sea cucumbers
VIII. Chordates--Phylum Chordata
    A. Tunicates--Subphylum Urochordata
IX. Green Algae--Phylum Chlorophyta
    Caulerpa spp., Green grape algae
    Halimeda spp., Watercress algae
    Penicillus spp., Neptune's brush
    Udotea spp., Mermaid's fan
    Ventricaria ventricosa, Sea pearls
X. Red Algae--Phylum Rhodophyta
XI. Sea grasses--Phylum Angiospermae
    Halodule wrightii, Shoal grass
    Halophila spp., Sea vines
    Ruppia maritima, Widgeon grass
    Syringodium filiforme, Manatee grass
    Thalassia testudium, Turtle grass

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

Acanthuridae--Surgeonfishes
    Ocean surgeonfish, Acanthurus bahianus
    Doctorfish, Acanthurus chirurgus
    Blue tang, Acanthurus coeruleus
Antennariidae--Frogfishes
    Frogfish, Antennarius spp.
Apogonidae--Cardinalfishes
    Flamefish, Apogon maculatus
    Conchfish, Astrapogen stellatus
Aulostomidae--Trumpetfishes
    Trumpetfish, Aulostomus maculatus
    Balistidae--Leatherjackets
    Scrawled filefish, Aluterus scriptus
    Queen triggerfish, Balistes vetula
    Whitespotted filefish, Cantherhines macrocerus
    Ocean triggerfish, Canthidermis sufflamen
    Black durgon, Melichthys niger
    Sargassum triggerfish, Xanthichthys rigens
Blenniidae--Combtooth blennies
    Redlip blenny, Ophioblennius atlanticus
Bothidae--Lefteye flounders
    Peacock flounder, Bothus lunatus
Carangidae--Jacks
    Yellow jack, Caranx bartholomaei
    Blue runner, Caranx crysos
    Horse-eye jack, Caranx latus
    Black jack, Caranx lugubris
    Bar jack, Caranx ruber
    Greater amberjack, Seriola dumerili
    Almaco jack, Seriola rivoliana
Chaetodontidae--Butterflyfishes
    Longsnout butterflyfish, Chaetodon aculeatus
    Foureye butterflyfish, Chaetodon capistratus
    Spotfin butterflyfish, Chaetodon ocellatus
    Banded butterflyfish, Chaetodon striatus
Cirrhitidae--Hawkfishes
    Redspotted hawkfish, Amblycirrhitus pinos
Dactylopteridae--Flying gurnards
    Flying gurnard, Dactylopterus volitans
Ephippidae--Spadefishes
    Atlantic spadefish, Chaetodipterus faber
Gobiidae--Gobies
    Neon goby, Gobiosoma oceanops
    Rusty goby, Priolepis hipoliti
Grammatidae--Basslets
    Royal gramma, Gramma loreto
Haemulidae--Grunts
    Porkfish, Anisotremus virginicus
    Margate, Haemulon album
    Tomtate, Haemulon aurolineatum
    French grunt, Haemulon flavolineatum
    White grunt, Haemulon plumieri
    Bluestriped grunt, Haemulon sciurus
Holocentridae--Squirrelfishes
    Squirrelfish, Holocentrus adscensionis
    Longspine squirrelfish, Holocentrus rufus
    Blackbar soldierfish, Myripristis jacobus
    Cardinal soldierfish, Plectrypops retrospinis
Labridae--Wrasses
    Spanish hogfish, Bodianus rufus
    Creole wrasse, Clepticus parrae
    Yellowcheek wrasse, Halichoeres cyanocephalus
    Yellowhead wrasse, Halichoeres garnoti
    Clown wrasse, Halichoeres maculipinna

[[Page 198]]

    Puddingwife, Halichoeres radiatus
    Pearly razorfish, Hemipteronotus novacula
    Green razorfish, Hemipteronotus splendens
    Hogfish, Lachnolaimus maximus
    Bluehead wrasse, Thalassoma bifasciatum
Lutjanidae--Snappers
    Black snapper, Apsilus dentatus
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Schoolmaster, Lutjanus apodus
    Blackfin snapper, Lutjanus buccanella
    Gray snapper, Lutjanus griseus
    Dog snapper, Lutjanus jocu
    Mahogany snapper, Lutjanus mahogani
    Lane snapper, Lutjanus synagris
    Silk snapper, Lutjanus vivanus
    Yellowtail snapper, Ocyurus chrysurus
    Wenchman, Pristipomoides aquilonaris
    Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
    Blackline tilefish, Caulolatilus cyanops
    Sand tilefish, Malacanthus plumieri
Mullidae--Goatfishes
    Yellow goatfish, Mulloidichthys martinicus
    Spotted goatfish, Pseudupeneus maculatus
Muraenidae--Morays
    Chain moray, Echidna catenata
    Green moray, Gymnothorax funebris
    Goldentail moray, Gymnothorax miliaris
Ogcocephalidae--Batfishes
    Batfish, Ogcocepahalus spp.
Ophichthidae--Snake eels
    Goldspotted eel, Myrichthys ocellatus
Opistognathidae--Jawfishes
    Yellowhead jawfish, Opistognathus aurifrons
    Dusky jawfish, Opistognathus whitehursti
Ostraciidae--Boxfishes
    Spotted trunkfish, Lactophrys bicaudalis
    Honeycomb cowfish, Lactophrys polygonia
    Scrawled cowfish, Lactophrys quadricornis
    Trunkfish, Lactophrys trigonus
    Smooth trunkfish, Lactophrys triqueter
Pomacanthidae--Angelfishes
    Cherubfish, Centropyge argi
    Queen angelfish, Holacanthus ciliaris
    Rock beauty, Holacanthus tricolor
    Gray angelfish, Pomacanthus arcuatus
    French angelfish, Pomacanthus paru
Pomacentridae--Damselfishes
    Sergeant major, Abudefduf saxatilis
    Blue chromis, Chromis cyanea
    Sunshinefish, Chromis insolata
    Yellowtail damselfish, Microspathodon chrysurus
    Dusky damselfish, Pomacentrus fuscus
    Beaugregory, Pomacentrus leucostictus
    Bicolor damselfish, Pomacentrus partitus
    Threespot damselfish, Pomacentrus planifrons
Priacanthidae--Bigeyes
    Bigeye, Priacanthus arenatus
    Glasseye snapper, Priacanthus cruentatus
Scaridae--Parrotfishes
    Midnight parrotfish, Scarus coelestinus
    Blue parrotfish, Scarus coeruleus
    Striped parrotfish, Scarus croicensis
    Rainbow parrotfish, Scarus guacamaia
    Princess parrotfish, Scarus taeniopterus
    Queen parrotfish, Scarus vetula
    Redband parrotfish, Sparisoma aurofrenatum
    Redtail parrotfish, Sparisoma chrysopterum
    Redfin parrotfish, Sparisoma rubripinne
    Stoplight parrotfish, Sparisoma viride
Sciaenidae--Drums
    High-hat, Equetus acuminatus
    Jackknife-fish, Equetus lanceolatus
    Spotted drum, Equetus punctatus
Scorpaenidae--Scorpionfishes
Serranidae--Sea basses
    Rock hind, Epinephelus adscensionis
    Graysby, Epinephelus cruentatus
    Yellowedge grouper, Epinephelus flavolimbatus
    Coney, Epinephelus fulvus
    Red hind, Epinephelus guttatus
    Jewfish, Epinephelus itajara
    Red grouper, Epinephelus morio
    Misty grouper, Epinephelus mystacinus
    Nassau Grouper, Epinephelus striatus
    Butter hamlet, Hypoplectrus unicolor
    Swissguard basslet, Liopropoma rubre
    Yellowfin grouper, Mycteroperca venenosa
    Tiger grouper, Mycteroperca tigris
    Creole-fish, Paranthias furcifer
    Greater soapfish, Rypticus saponaceus
    Orangeback bass, Serranus annularis
    Lantern bass, Serranus baldwini
    Tobaccofish, Serranus tabacarius
    Harlequin bass, Serranus tigrinus
    Chalk bass, Serranus tortugarum
Soleidae--Soles
    Caribbean tonguefish, Symphurus arawak
Sparidae--Porgies
    Sea bream, Archosargus rhomboidalis
    Jolthead porgy, Calamus bajonado
    Sheepshead porgy, Calamus penna
    Pluma, Calamus pennatula
Syngnathidae--Pipefishes
    Seahorses, Hippocampus spp.
    Pipefishes, Syngnathus spp.
Synodontidae--Lizardfishes
    Sand diver, Synodus intermedius
Tetraodontidae--Puffers
    Sharpnose puffer, Canthigaster rostrata
    Porcupinefish, Diodon hystrix

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

Balistidae--Triggerfishes
    Gray triggerfish, Balistes capriscus
Carangidae--Jacks
    Greater amberjack, Seriola dumerili
    Lesser amberjack, Seriola fasciata
    Almaco jack, Seriola rivoliana
    Banded rudderfish, Seriola zonata
Labridae--Wrasses
    Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Schoolmaster, Lutjanus apodus
    Blackfin snapper, Lutjanus buccanella

[[Page 199]]

    Red snapper, Lutjanus campechanus
    Cubera snapper, Lutjanus cyanopterus
    Gray (mangrove) snapper, Lutjanus griseus
    Dog snapper, Lutjanus jocu
    Mahogany snapper, Lutjanus mahogoni
    Lane snapper, Lutjanus synagris
    Silk snapper, Lutjanus vivanus
    Yellowtail snapper, Ocyurus chrysurus
    Wenchman, Pristipomoides aquilonaris
    Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
    Goldface tilefish, Caulolatilus chrysops
    Blackline tilefish, Caulolatilus cyanops
    Anchor tilefish, Caulolatilus intermedius
    Blueline tilefish, Caulolatilus microps
    Tilefish, Lopholatilus chamaeleonticeps
Serranidae--Groupers
    Dwarf sand perch, Diplectrum bivittatum
    Sand perch, Diplectrum formosum
    Rock hind, Epinephelus adscensionis
    Speckled hind, Epinephelus drummondhayi
    Yellowedge grouper, Epinephelus flavolimbatus
    Red hind, Epinephelus guttatus
    Jewfish, Epinephelus itajara
    Red grouper, Epinephelus morio
    Misty grouper, Epinephelus mystacinus
    Warsaw grouper, Epinephelus nigritus
    Snowy grouper, Epinephelus niveatus
    Nassau grouper, Epinephelus striatus
    Black grouper, Mycteroperca bonaci
    Yellowmouth grouper, Mycteroperca interstitialis
    Gag, Mycteroperca microlepis
    Scamp, Mycteroperca phenax
    Yellowfin grouper, Mycteroperca venenosa

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

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

[61 FR 34934, July 3, 1996, as amended at 62 FR 13988, Mar. 25, 1997; 62 
FR 67723, Dec. 30, 1997; 64 FR 57404, Oct. 25, 1999]

                   Appendix B to Part 622--Gulf Areas

[[Page 200]]



 Table 1 of Appendix B to Part 622--Seaward Coordinates of the Longline
                      and Buoy Gear Restricted Area
------------------------------------------------------------------------
 Point No. and reference location
                \1\                     North lat.         West long.
------------------------------------------------------------------------
 1  Seaward limit of Florida's           24 deg.48.0'       82 deg.48.0'
 waters north of Dry Tortugas.....
 2  North of Rebecca Shoal........       25 deg.07.5'       82 deg.34.0'
 3  Off Sanibel Island--Offshore..       26 deg.26.0'       82 deg.59.0'
 4  West of Egmont Key............       27 deg.30.0'       83 deg.21.5'
 5  Off Anclote Keys--Offshore....       28 deg.10.0'       83 deg.45.0'
 6  Southeast corner of Florida          28 deg.11.0'       84 deg.00.0'
 Middle Ground....................
 7  Southwest corner of Florida          28 deg.11.0'       84 deg.07.0'
 Middle Ground....................
 8  West corner of Florida Middle        28 deg.26.6'       84 deg.24.8'
 Ground...........................
 9  Northwest corner of Florida          28 deg.42.5'       84 deg.24.8'
 Middle Ground....................
10  South of Carrabelle...........       29 deg.05.0'       84 deg.47.0'
11  South of Cape St. George......       29 deg.02.5'       85 deg.09.0'
12  South of Cape San Blas lighted       29 deg.21.0'       85 deg.30.0'
 bell buoy--20 fathoms............
13  South of Cape San Blas lighted       28 deg.58.7'       85 deg.30.0'
 bell buoy--50 fathoms............
14  De Soto Canyon................       30 deg.06.0'       86 deg.55.0'
15  South of Pensacola............       29 deg.46.0'       87 deg.19.0'
16  South of Perdido Bay..........       29 deg.29.0'       87 deg.27.5'
17  East of North Pass of the            29 deg.14.5'       88 deg.28.0'
 Mississippi River................
18  South of Southwest Pass of the       28 deg.46.5'       89 deg.26.0'
 Mississippi River................
19  Northwest tip of Mississippi         28 deg.38.5'       90 deg.08.5'
 Canyon...........................
20  West side of Mississippi             28 deg.34.5'       89 deg.59.5'
 Canyon...........................
21  South of Timbalier Bay........       28 deg.22.5'       90 deg.02.5'
22  South of Terrebonne Bay.......       28 deg.10.5'       90 deg.31.5'
23  South of Freeport.............       27 deg.58.0'       95 deg.00.0'
24  Off Matagorda Island..........       27 deg.43.0'       96 deg.02.0'
25  Off Aransas Pass..............       27 deg.30.0'       96 deg.23.5'
26  Northeast of Port Mansfield...       27 deg.00.0'       96 deg.39.0'
27  East of Port Mansfield........       26 deg.44.0'       96 deg.37.5'
28  Northeast of Port Isabel......       26 deg.22.0'       96 deg.21.0'
29  U.S./Mexico EEZ boundary......       26 deg.00.5'      96 deg.24.5'
Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of
 Texas' waters.
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
  submarine area.


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

[[Page 201]]

 
Thence westerly along U.S./Mexico
 EEZ boundary to the seaward limit
 of Texas' waters ................
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
  submarine area.


[[Page 202]]

            Appendix C to Part 622--Fish Length Measurements
      [GRAPHIC] [TIFF OMITTED] TR03JY96.000
      
           Figure 1 of Appendix C to Part 622--Carapace Length

[[Page 203]]

[GRAPHIC] [TIFF OMITTED] TR25JA99.001

 Figure 2 of Appendix C to Part 622--Illustration of Length Measurements

[61 FR 34934, July 3, 1996, as amended at 64 FR 3630, Jan. 25, 1999]

        Appendix D to Part 622--Specifications for Certified BRDs

    A. Extended Funnel.

[[Page 204]]

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

[[Page 205]]

be laced to the ring around the entire circumference and must be equally 
distributed on the hoop, that is, 30 meshes must be evenly attached to 
each quadrant.
    (e) Installation. The extended funnel BRD is attached 8 inches (20.3 
cm) behind the posterior edge of the TED. If it is attached behind a 
soft TED, a second semi-rigid hoop, as prescribed in paragraph A.3.(d), 
must be installed in the front section of the BRD extension webbing at 
the leading edge of the funnel. The codend of the trawl net is attached 
to the trailing edge of the BRD.
    B. Expanded Mesh. The expanded mesh BRD is constructed and installed 
exactly the same as the standard size extended funnel BRD, except that 
one side of the funnel is not extended to form a lead panel.
    C. Fisheye.
    1. Description. The fisheye BRD is a cone-shaped rigid frame 
constructed from aluminum or steel rod of at least \1/4\ inch diameter, 
which is inserted into the codend to form an escape opening. Fisheyes of 
several different shapes and sizes have been tested in different 
positions in the codend.
    2. Minimum Construction and Installation Requirements. The fisheye 
has a minimum opening dimension of 5 inches (12.7 cm) and a minimum 
total opening area of 36 square inches (91.4 square cm). The fisheye 
must be installed at the top center of the codend of the trawl to create 
an opening in the trawl facing in the direction of the mouth of the 
trawl no further forward than 11 ft (3.4 m) from the codend drawstring 
(tie-off rings) or 70 percent of the distance between the codend 
drawstring and the forward edge of the codend, excluding any extension, 
whichever is the shorter distance. In the Gulf EEZ only, when the 
fisheye BRD is installed in this position, no part of the lazy line 
attachment system (i.e., any mechanism, such as elephant ears or choker 
straps, used to attach the lazy line to the codend) may overlap the 
fisheye escape opening when the fisheye is installed aft of the 
attachment point of the codend retrieval system.
    D. Gulf fisheye.
    1. Description. The Gulf fisheye BRD is a cone-shaped rigid frame 
constructed from aluminum or steel that is inserted into the top center 
of the codend, or is offset not more than 15 meshes perpendicular to the 
top center of the codend, to form an escape opening.
    2. Minimum Construction and Installation Requirements. The Gulf 
fisheye is a cone-shaped rigid frame constructed of aluminum or steel 
rods. The rods must be at least \1/4\-inch (6.35-mm) diameter. Any 
dimension of the escape opening must be at least 5.0 inches (12.7 cm), 
and the total escape opening area must be at least 36.0 in2 
(232.3 cm2). The Gulf fisheye must be installed in the codend 
of the trawl to create an escape opening in the trawl, facing in the 
direction of the mouth of the trawl, no further forward than 12.5 ft 
(3.81 m) and no less than 8.5 ft (2.59 m) from the codend tie-off rings. 
When installed in this position, no part of the lazy line attachment 
system (i.e., any mechanism, such as elephant ears or choker straps, 
used to attach the lazy line to the codend) may overlap the fisheye 
escape opening when the fisheye is installed aft of the attachment point 
of the codend retrieval system. The Gulf fisheye may not be offset more 
than 15 meshes perpendicular to the top center of the codend.
    E. Jones-Davis.
    1. Description. The Jones-Davis BRD is similar to the expanded mesh 
and the extended funnel BRDs except that the fish escape openings are 
windows cut around the funnel rather than large-mesh sections. In 
addition, a webbing cone fish deflector is installed behind the funnel.
    2. Minimum Construction and Installation Requirements. The Jones-
Davis BRD must contain all of the following.
    (a) Webbing extension. The webbing extension must be constructed 
from a single piece of 1\5/8\-inch (3.5-cm) stretch mesh number 30 nylon 
42 meshes by 120 meshes. A tube is formed from the extension webbing by 
sewing the 42-mesh side together.
    (b) 28-inch (71.1-cm) cable hoop. A single hoop must be constructed 
of \1/2\-inch (1.3-cm) steel cable 88 inches (223.5 cm) in length. The 
cable must be joined at its ends by a 3-inch (7.6-cm) piece of \1/2\-
inch (1.3-cm) aluminum pipe and pressed with a \3/8\-inch (0.95-cm) die 
to form a hoop. The inside diameter of this hoop must be between 27 and 
29 inches (68.6 and 73.7 cm). The hoop must be attached to the extension 
webbing 17\1/2\ meshes behind the leading edge. The extension webbing 
must be quartered and attached in four places around the hoop, and every 
other mesh must be attached all the way around the hoop using number 24 
twine or larger. The hoop must be laced with \3/8\-inch (0.95-cm) 
polypropylene or polyethylene rope for chaffing.
    (c) 24-inch (61.0-cm) hoop. A single hoop must be constructed of 
either number 60 twine 80 inches (203.2 cm) in length or \3/8\-inch 
(0.95-cm) steel cable 75\1/2\ inches (191.8 cm) in length. If twine is 
used, the twine must be laced in and out of the extension webbing 39 
meshes behind the leading edge, and the ends must be tied together. If 
cable is used, 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 way 
around the hoop using number 24 twine or larger.

[[Page 206]]

The hoop must be laced with \3/8\-inch (0.95-cm) polypropylene or 
polyethylene rope for chaffing.
    (d) Funnel. The funnel must be constructed from four sections of 
1\1/2\-inch (3.8-cm) heat-set and depth-stretched polypropylene or 
polyethylene webbing. The two side sections must be rectangular in 
shape, 29\1/2\ meshes on the leading edge by 23 meshes deep. The top and 
bottom sections are 29\1/2\ meshes on the leading edge by 23 meshes deep 
and tapered 1 point 2 bars on both sides down to 8 meshes across the 
back. The four sections must be sewn together down the 23-mesh edge to 
form the funnel.
    (e) Attachment of the funnel in the webbing extension. The funnel 
must be installed two meshes behind the leading edge of the extension 
starting at the center seam of the extension and the center mesh of the 
funnel's top section leading edge. On the same row of meshes, the funnel 
must be sewn evenly all the way around the inside of the extension. The 
funnel's top and bottom back edges must be attached one mesh behind the 
28-inch (71.1-cm) cable hoop (front hoop). Starting at the top center 
seam, the back edge of the top funnel section must be attached four 
meshes each side of the center. Counting around 60 meshes from the top 
center, the back edge of the bottom section must be attached 4 meshes on 
each side of the bottom center. Clearance between the side of the funnel 
and the 28-inch (71.1-cm) cable hoop (front hoop) must be at least 6 
inches (15.2 cm) when measured in the hanging position.
    (f) Cutting the escape openings. The leading edge of the escape 
opening must be located within 18 inches (45.7 cm) of the posterior edge 
of the turtle excluder device (TED) grid. The area of the escape opening 
must total at least 864 in2 (5,574.2 cm2). Two 
escape openings 10 meshes wide by 13 meshes deep must be cut 6 meshes 
apart in the extension webbing, starting at the top center extension 
seam, 3 meshes back from the leading edge and 16 meshes to the left and 
to the right (total of four openings). The four escape openings must be 
double selvaged for strength.
    (g) Alternative Method for Constructing the Funnel and Escape 
Openings. The following method for constructing the funnel and escape 
openings may be used instead of the method described in paragraphs 
F.2.d., F.2.e., and F.2.f. of this section. With this alternative 
method, the funnel and escape openings are formed by cutting a flap in 
each side of the extension webbing; pushing the flaps inward; and 
attaching the top and bottom edges along the bars of the extension 
webbing to form the v-shape of the funnel. Minimum requirements 
applicable to this method include: (1) The funnel's top and bottom back 
edges must be attached one mesh behind the 28-inch (71.1-cm) cable hoop 
(front hoop); (2) 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; (3) 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; and, (4) the 
area of the escape opening must total at least 864 in2 
(5,574.2 cm2). To construct the funnel and escape openings 
using this method, begin 3\1/2\ meshes from the leading edge of the 
extension, at the top center seam, count over 18 meshes on each side, 
and cut 13 meshes toward the back of the extension. Turn parallel to the 
leading edge, and cut 26 meshes toward the bottom center of the 
extension. Next, turn parallel to the top center seam, and cut 13 meshes 
forward toward the leading edge, creating a flap of webbing 13 meshes by 
26 meshes by 13 meshes. Lengthen the flap to 18 meshes by adding a 4\1/
2\-mesh by 26-mesh rectangular section of webbing to the 26-mesh edge. 
Attach the 18-mesh edges to the top and bottom of the extension by 
sewing 2 bars of the extension to 1 mesh on the flap in toward the top 
center and bottom center of the extension, forming the exit opening and 
the funnel. Connect the two flaps together in the center with a 7-inch 
piece of number 42 twine to allow adequate clearance for fish escapement 
between the flaps and the side openings. On each side, sew a 6-mesh by 
10\1/2\-mesh section of webbing to 6 meshes of the center of the 26-mesh 
cut on the extension and 6 meshes centered between the 13-mesh cuts 3\1/
2\ meshes from the leading edge. This forms two 10-mesh by 13-mesh 
openings on each side.
    (h) Cone fish deflector. The cone fish deflector is constructed of 2 
pieces of 1\5/8\-inch (4.13-cm) polypropylene or polyethylene webbing, 
40 meshes wide by 20 meshes in length and cut on the bar on each side 
forming a triangle. Starting at the apex of the two triangles, the two 
pieces must be sewn together to form a cone of webbing. The apex of the 
cone fish deflector must be positioned within 10-14 inches (25.4-35.6 
cm) of the posterior edge of the funnel.
    (i) 11-inch (27.9-cm) cable hoop for cone deflector. A single hoop 
must be constructed of \5/16\-inch (0.79-cm) or \3/8\-inch (0.95-cm) 
cable 34\1/2\ inches (87.6 cm) in length. The ends must be joined by a 
3-inch (7.6-cm) piece of \3/8\-inch (0.95-cm) aluminum pipe pressed 
together with a \1/4\-inch (0.64-cm) die. The hoop must be inserted in 
the webbing cone, attached 10 meshes from the apex and laced all the way 
around with heavy twine.
    (j) Installation of the cone in the extension. The cone must be 
installed in the extension 12 inches (30.5 cm) behind the back edge of 
the funnel and attached in four places. The midpoint of a piece of 
number 60 twine 4 ft (1.22 m) in length must be attached to the apex of 
the cone. This piece of twine must be attached to the 28-inch (71.1-cm) 
cable hoop

[[Page 207]]

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.

[62 FR 18539, Apr. 16, 1997, as amended at 64 FR 37694, July 13, 1999]



PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES--Table of Contents




                           Subpart A--General

Sec.
635.1  Purpose and scope.
635.2  Definitions.
635.3  Relation to other laws.
635.4  Permits and fees.
635.5  Recordkeeping and reporting.
635.6  Vessel and gear identification.
635.7  At-sea observer coverage.

                        Subpart B--Limited Access

635.16  Limited access permits.

                     Subpart C--Management Measures

635.20  Size limits.
635.21  Gear operation and deployment restrictions.
635.22  Recreational retention limits.
635.23  Retention limits for BFT.
635.24  Commercial retention limits for sharks and swordfish.
635.25  [Reserved]
635.26  Catch and release.
635.27  Quotas.
635.28  Closures.
635.29  Transfer at sea.
635.30  Possession at sea and landing.
635.31  Restrictions on sale and purchase.
635.32  Specifically authorized activities.
635.33  Archival tags.
635.34  Adjustment of management measures.

                   Subpart D--Restrictions on Imports

635.40  Restrictions to enhance conservation.
635.41  Species subject to documentation requirements.
635.42  Documentation requirements.
635.43  Contents of documentation.
635.44  Validation requirements.
635.45  Products denied entry.
635.46  Import requirements for swordfish.
635.47  Ports of entry.

                Subpart E--International Port Inspection

635.50  Basis and purpose.
635.51  Authorized officer.
635.52  Vessels subject to inspection.
635.53  Reports.

                         Subpart F--Enforcement

635.69  Vessel monitoring systems.
635.70  Penalties.
635.71  Prohibitions.

Appendix A to Part 635--Species Tables

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

    Source: 64 FR 29135, May 28, 1999, unless otherwise noted.



                           Subpart A--General



Sec. 635.1  Purpose and scope.

    (a) The regulations in this part govern the conservation and 
management of Atlantic tunas, Atlantic billfish, Atlantic sharks, and 
Atlantic swordfish under the authority of the Magnuson-Stevens Act and 
ATCA. They implement the Fishery Management Plan for Atlantic Tunas, 
Swordfish, and Sharks, and the Fishery Management Plan for Atlantic 
Billfishes. The Atlantic tunas regulations govern conservation and 
management of Atlantic tunas in the management unit. The Atlantic 
billfish regulations govern conservation and management of Atlantic 
billfish in the management unit. The Atlantic swordfish regulations 
govern conservation and management of North and South Atlantic swordfish 
in the management unit. North Atlantic swordfish are managed under the 
authority of both ATCA and the Magnuson-Stevens Act. South Atlantic 
swordfish are managed under the sole authority of ATCA. The shark 
regulations govern conservation and management of sharks in the 
management unit, solely under the authority of the Magnuson-Stevens Act. 
Sharks are managed under the authority of the Magnuson-Stevens Act.
    (b) Under section 9(d) of ATCA, NMFS has determined that the 
regulations contained in this part with respect to Atlantic tunas are 
applicable within the territorial sea of the United States adjacent to, 
and within the boundaries of, the States of New Hampshire, 
Massachusetts, Rhode Island, New York, New Jersey, Delaware,

[[Page 208]]

Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, 
Alabama, Louisiana and Texas, and the Commonwealths of Puerto Rico and 
the Virgin Islands. NMFS will undertake a continuing review of State 
regulations to determine if regulations applicable to Atlantic tunas, 
swordfish or billfish are at least as restrictive as regulations 
contained in this part and if such regulations are effectively enforced. 
In such case, NMFS will file with the Office of the Federal Register for 
publication notification of the basis for the determination and of the 
specific regulations that shall or shall not apply in the territorial 
sea of the identified State.



Sec. 635.2  Definitions.

    In addition to the definitions in the Magnuson-Stevens Act, ATCA, 
and Sec. 600.10 of this chapter, the terms used in this part have 
following meanings. If applicable, the terms used in this part supercede 
those used in Sec. 600.10:
    Archival tag means a device that is implanted or affixed to a fish 
to electronically record scientific information about the migratory 
behavior of that fish.
    ATCA Certificate of Eligibility (COE) means the certificate that 
must accompany any applicable shipment of fish pursuant to a finding 
under 16 U.S.C. 971d (c)(4) or (c)(5).
    Atlantic HMS means Atlantic tunas, billfish, sharks, and swordfish.
    Atlantic Ocean, as used in this part, includes the North and South 
Atlantic Oceans, the Gulf of Mexico, and the Caribbean Sea.
    BFT landings quota means the portion of the ICCAT BFT catch quota 
allocated to the United States against which landings of BFT are 
counted.
    Billfish Certificate of Eligibility (COE) means a certificate that 
accompanies a shipment of billfish indicating that the billfish or 
related species, or parts thereof, are not from the respective Atlantic 
Ocean management units.
    BSD tag means a numbered tag affixed to a BFT issued by any country 
in conjunction with a catch statistics information program and recorded 
on a BSD.
    Caudal keel means the horizontal ridges along each side of a fish at 
the base of the tail fin.
    CFL (curved fork length) means the length of a fish measured from 
the tip of the upper jaw to the fork of the tail along the contour of 
the body in a line that runs along the top of the pectoral fin and the 
top of the caudal keel.
    Charleston Bump closed area means the Atlantic Ocean area seaward of 
the inner boundary of the U.S. EEZ from a point intersecting the inner 
boundary of the U.S. EEZ at 34 deg.00' N. lat. near Wilmington Beach, 
NC, and proceeding due east to connect by straight lines the following 
coordinates in the order stated: 34 deg.00' N. lat., 76 deg.00' W. 
long.; 31 deg.00' N. lat., 76 deg.00' W. long.; then proceeding due west 
to intersect the inner boundary of the U.S. EEZ at 31 deg.00' N. lat. 
near Jekyll Island, GA.
    CK means the length of a fish measured along the body contour, i.e., 
a curved measurement, from the point on the cleithrum that provides the 
shortest possible measurement along the body contour to the anterior 
portion of the caudal keel. The cleithrum is the semicircular bony 
structure at the posterior edge of the gill opening.
    Convention means the International Convention for the Conservation 
of Atlantic Tunas, signed at Rio de Janeiro, Brazil, on May 14, 1966, 20 
U.S.T. 2887, TIAS 6767, including any amendments or protocols thereto, 
which are binding upon the United States.
    Conventional tag means a numbered, flexible ribbon that is implanted 
or affixed to a fish that is released back into the ocean that allows 
for the identification of that fish in the event it is recaptured.
    Dealer tag means the numbered, flexible, self-locking ribbon issued 
by NMFS for the identification of BFT sold to a permitted dealer as 
required under Sec. 635.5(b)(2)(ii).
    Dehooking device means a device intended to remove a hook embedded 
in a fish in order to release the fish with minimum damage.
    Designated by NMFS means the address or location indicated in a 
letter to permit holders or in a letter accompanying reporting forms.
    DeSoto Canyon closed area means the area within the Gulf of Mexico 
bounded

[[Page 209]]

by straight lines connecting the following coordinates in the order 
stated: 30 deg.00' N. lat., 88 deg.00' W. long.; 30 deg.00' N. lat., 
86 deg.00' W. long.; 28 deg.00' N. lat., 86 deg.00' W. long.; 28 deg.00' 
N. lat., 84 deg.00' W. long.; 26 deg.00' N. lat., 84 deg.00' W. long.; 
26 deg.00' N. lat., 86 deg.00' W. long.; 28 deg.00' N. lat., 86 deg.00' 
W. long.; 28 deg.00' N. lat., 88 deg.00' W. long.; 30 deg.00' N. lat., 
88 deg.00' W. long.
    Division Chief means the Chief, Highly Migratory Species Management 
Division, NMFS (F/SF1), 1315 East-West Highway, Silver Spring, MD, 
20910; (301) 713-2347.
    Downrigger means a piece of equipment attached to a vessel and with 
a weight on a cable that is in turn attached to hook-and-line gear to 
maintain lures or bait at depth while trolling. The downrigger has a 
release system to retrieve the weight by rod and reel or by manual, 
electric, or hydraulic winch after a fish strike on the hook-and-line 
gear.
    Dress means to process a fish by removal of head, viscera, and fins, 
but does not include removal of the backbone, halving, quartering, or 
otherwise further reducing the carcass.
    Dressed weight (dw) means the weight of a fish after it has been 
dressed.
    East Florida Coast closed area means the Atlantic Ocean area seaward 
of the inner boundary of the U.S. EEZ from a point intersecting the 
inner boundary of the U.S. EEZ at 31 deg.00' N. lat. near Jekyll Island, 
GA, and proceeding due east to connect by straight lines the following 
coordinates in the order stated: 31 deg.00' N. lat., 78 deg.00' W. 
long.; 28 deg.17' N. lat., 79 deg.12' W. long.; then proceeding along 
the outer boundary of the EEZ to the intersection of the EEZ with 
24 deg.00' N. lat.; then proceeding due west to the following 
coordinates: 24 deg.00' N. lat., 81 deg.47' W. long.; then proceeding 
due north to intersect the inner boundary of the U.S. EEZ at 81 deg.47' 
W. long. near Key West, FL.
    EFP means an exempted fishing permit issued pursuant to Sec. 600.745 
of this chapter or to Sec. 635.32.
    Eviscerated means a fish that has only the alimentary organs 
removed.
    Export means a shipment to a destination outside the customs 
territory of the United States for which a Shipper's Export Declaration 
(Customs Form 7525) is required. Atlantic HMS destined from one foreign 
country to another, which transits the United States and for which a 
Shipper's Export Declaration is not required to be filed, is not an 
export under this definition.
    Exporter means the principal party responsible for effecting export 
from the United States as listed on the Shipper's Export Declaration 
(Customs Form 7525) or any authorized electronic medium available from 
U.S. Customs.
    Finlet means one of the small individual fins on a tuna located 
behind the second dorsal and anal fins and forward of the tail fin.
    First transaction in the United States means the time and place at 
which a fish is filleted, cut into steaks, or processed in any way that 
physically alters it after being landed in or imported into the United 
States.
    Fishing record means all records of navigation and operations of a 
fishing vessel, as well as all records of catching, harvesting, 
transporting, landing, purchasing, or selling a fish.
    Fishing vessel means any vessel engaged in fishing, processing, or 
transporting fish loaded on the high seas, or any vessel outfitted for 
such activities.
    Fishing year means--
    (1) For Atlantic tunas, billfish, and swordfish--June 1 through May 
31 of the following year; and
    (2) For sharks--January 1 through December 31.
    FL (fork length) means the straight-line measurement of a fish from 
the tip of the snout to the fork of the tail. The measurement is not 
made along the curve of the body.
    Floatline means a line attached to a buoyant object that is used to 
support the mainline of a longline at a specific target depth.
    Gangion means a line that serves to attach a hook, suspended at a 
specific target depth, to the mainline of a longline.
    Giant BFT means an Atlantic BFT measuring 81 inches (206 cm) CFL or 
greater.
    Handgear means handline, harpoon, rod and reel or bandit gear.
    Handline means fishing gear that consists of a mainline to which no 
more than two leaders (gangions) with

[[Page 210]]

hooks are attached, and that is released and retrieved by hand, rather 
than by mechanical means.
    High-flyer means a flag, radar reflector or radio beacon 
transmitter, suitable for attachment to a longline to facilitate its 
location and retrieval.
    Highly migratory species (HMS) means bluefin, bigeye, yellowfin, 
albacore, and skipjack tunas; swordfish; sharks (listed in appendix A to 
this part); white marlin; blue marlin; sailfish; and longbill spearfish.
    ILAP means an initial limited access permit issued pursuant to 
Sec. 635.4.
    Import means the release of HMS from a nation's Customs' custody and 
entry into the territory of that nation. HMS are imported into the 
United States upon release from U.S. Customs' custody pursuant to filing 
an entry summary document (Customs Form 7501) or filing by any 
authorized electronic medium. HMS destined from one foreign country to 
another, which transit the United States and for which an entry summary 
is not required to be filed, are not an import under this definition.
    Importer, for the purpose of HMS imported into the United States, 
means the importer of record as declared on U.S. Customs Form 7501 or by 
any authorized electronic medium.
    Intermediate country means a country that exports to another country 
HMS previously imported by that nation. Shipments of HMS through a 
country on a through bill of lading or in another manner that does not 
enter the shipments into that country as an importation do not make that 
country an intermediate country under this definition.
    LAP means a limited access permit issued pursuant to Sec. 635.4.
    Large coastal shark (LCS) means one of the species, or a part 
thereof, listed in paragraph (a) of table 1 in appendix A to this part.
    Large medium BFT means a BFT measuring at least 73 inches (185 cm) 
and less than 81 inches (206 cm) CFL.
    Large school BFT means a BFT measuring at least 47 inches (119 cm) 
and less than 59 inches (150 cm) CFL.
    LJFL (lower jaw-fork length) means the straight-line measurement of 
a fish from the tip of the lower jaw to the fork of the caudal fin. The 
measurement is not made along the curve of the body.
    Longline means fishing gear that is set horizontally, either 
anchored, floating, or attached to a vessel, and that consists of a 
mainline or groundline with three or more leaders (gangions) and hooks, 
whether retrieved by hand or mechanical means.
    Management unit means in this part:
    (1) For Atlantic tunas, longbill spearfish, blue marlin and white 
marlin, means all fish of these species in the Atlantic Ocean;
    (2) For sailfish, means all fish of this species in the Atlantic 
Ocean west of 30 deg. W. long.;
    (3) For North Atlantic swordfish, means all fish of this species in 
the Atlantic Ocean north of 5 deg. N. lat.;
    (4) For South Atlantic swordfish, means all fish of this species in 
the Atlantic Ocean south of 5 deg. N. lat.; and
    (5) For sharks, means all fish of these species in the western north 
Atlantic Ocean, including the Gulf of Mexico and the Caribbean Sea.
    Mid-Atlantic Bight means the area bounded by straight lines 
connecting the mid-Atlantic states' internal waters and extending to 
71 deg. W. long. between 35 deg. N. lat. and 43 deg. N. lat.
    Non-ridgeback large coastal shark means one of the species, or a 
part thereof, listed in paragraph (a)(2) of table 1 in appendix A to 
this part.
    North Atlantic swordfish or North Atlantic swordfish stock means 
those swordfish occurring in the Atlantic Ocean north of 5 deg. N. lat.
    Northeast Distant closed area means the Atlantic Ocean area bounded 
by straight lines connecting the following coordinates in the order 
stated: 35 deg.00' N. lat., 60 deg.00' W. long.; 55 deg.00' N. lat., 
60 deg.00' W. long.; 55 deg.00' N. lat., 20 deg.00' W. long.; 35 deg.00' 
N. lat., 20 deg.00' W. long.; 35 deg.00' N. lat., 60 deg.00' W. long.
    Northeastern United States closed area means the area bounded by 
straight lines connecting the following coordinates in the order stated: 
40 deg.00' N. lat., 74 deg.00' W. long.; 40 deg.00' N. lat., 68 deg.00' 
W. long.; 39 deg.00' N. lat., 68 deg.00' W. long.; and 39 deg.00' N. 
lat., 74 deg.00' W. long.
    Operator, with respect to any vessel, means the master or other 
individual aboard and in charge of that vessel.

[[Page 211]]

    Pectoral fin means the fin located behind the gill cover on either 
side of a fish.
    Pelagic longline means a longline that is suspended by floats in the 
water column and that is not fixed to or in contact with the ocean 
bottom.
    Pelagic shark means one of the species, or a part thereof, listed in 
paragraph (c) of table 1 in appendix A to this part.
    PFCFL (pectoral fin curved fork length) means the length of a 
beheaded fish from the dorsal insertion of the pectoral fin to the fork 
of the tail measured along the contour of the body in a line that runs 
along the top of the pectoral fin and the top of the caudal keel.
    Prohibited shark means one of the species, or a part thereof, listed 
in paragraph (d) of table 1 in appendix A to this part.
    Restricted-fishing day (RFD) means a day, beginning at 0000 hours 
and ending at 2400 hours local time, during which a person aboard a 
vessel for which a General category permit for Atlantic Tunas has been 
issued may not fish for, possess, or retain a BFT.
    Ridgeback large coastal shark means one of the species, or a part 
thereof, listed in paragraph (a)(1) of table 1 in appendix A to this 
part.
    School BFT means a BFT measuring at least 27 inches (69 cm) and less 
than 47 inches (119 cm) CFL.
    Shark means one of the oceanic species, or a part thereof, listed in 
tables 1 and 2 in appendix A to this part.
    Small coastal shark (SCS) means one of the species, or a part 
thereof, listed in paragraph (b) of table 1 in appendix A to this part.
    Small medium BFT means a BFT measuring at least 59 inches (150 cm) 
and less than 73 inches (185 cm) CFL.
    South Atlantic swordfish or south Atlantic swordfish stock means 
those swordfish occurring in the Atlantic Ocean south of 5 deg. N. lat.
    Swordfish Certificate of Eligibility (COE) means the certificate 
that accompanies a shipment of imported swordfish indicating that the 
swordfish or swordfish parts are not from the Atlantic Ocean or, if they 
are, are derived from a swordfish weighing more than 33 lb (15 kg) dw.
    Tournament means any fishing competition involving Atlantic HMS in 
which participants must register or otherwise enter or in which a prize 
or award is offered for catching or landing such fish.
    Tournament operator means a person or entity responsible for 
maintaining records of participants and results used for awarding 
tournament points or prizes, regardless of whether fish are retained.
    Trip limit means the total allowable take from a single trip as 
defined in Sec. 600.10 of this chapter.
    Weighout slip means a document provided to the owner or operator of 
the vessel by a person who weighs fish or parts thereof that are landed 
from a fishing vessel. A document, such as a ``tally sheet,'' ``trip 
ticket,'' or ``sales receipt,'' that contains such information is 
considered a weighout slip.
    Young school BFT means an Atlantic BFT measuring less than 27 inches 
(69 cm) CFL.

[64 FR 29135, May 28, 1999, as amended at 65 FR 47237, Aug. 1, 2000; 66 
FR 8904, Feb. 5, 2001]

    Effective Date Note: At 66 FR 36714, July 13, 2001, Sec. 635.2 was 
amended by adding definitions for ``Floatline'', ``Gangion'', and 
``Northeast Distant closed area'', effective July 11, 2001, through Jan. 
9, 2002.



Sec. 635.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 600.705 of this chapter and in paragraphs (b) and (c) of this 
section.
    (b) In accordance with regulations issued under the Marine Mammal 
Protection Act of 1972, as amended, it is unlawful for a commercial 
fishing vessel, a vessel owner, or a master or operator of a vessel to 
engage in fisheries for HMS in the Atlantic Ocean, 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 part 229 of this 
title.
    (c) General provisions on facilitation of enforcement, penalties, 
and enforcement policy applicable to all domestic fisheries are set 
forth in Secs. 600.730, 600.735, and Sec. 600.740 of this chapter, 
respectively.

[[Page 212]]

    (d) An activity that is otherwise prohibited by this part may be 
conducted if authorized as scientific research activity, exempted 
fishing, or exempted educational activity, as specified in Sec. 635.32.



Sec. 635.4  Permits and fees.

    Information on permits and permit requirements may be obtained from 
the Division Chief or where otherwise stated in this part.
    (a) General. (1) Authorized activities. Each permit issued by NMFS 
authorizes certain activities, and persons may not conduct these 
activities without the appropriate permit, unless otherwise authorized 
by NMFS in accordance with this part.
    (2) Vessel permit inspection. The owner or operator of a vessel of 
the United States must have the appropriate valid permit on board the 
vessel to fish for, take, retain, or possess Atlantic tunas, when 
engaged in commercial or recreational fishing, and to fish for, take, 
retain or possess Atlantic swordfish or sharks when engaged in 
commercial fishing. The vessel operator and must make such permit 
available for inspection upon request by NMFS or a person authorized by 
NMFS. The owner of the vessel is responsible for satisfying all of the 
requirements associated with obtaining, maintaining, and making 
available for inspection, all valid vessel permits.
    (3) Property rights. Limited access vessel permits or any other 
permit issued pursuant to this part do not represent either an absolute 
right to the resource or any interest that is subject to the takings 
provision of the Fifth Amendment of the U.S. Constitution. Rather, 
limited access vessel permits represent only a harvesting privilege that 
may be revoked, suspended, or amended subject to the requirements of the 
Magnuson-Stevens Act or other applicable law.
    (4) Dealer permit inspection. A dealer permit issued under this 
section, or a copy thereof, must be available at each of the dealer's 
places of business. A dealer must present the permit or a copy for 
inspection upon the request of a NMFS-authorized officer.
    (5) Display upon offloading. Upon transfer of Atlantic HMS, the 
owner or operator of the harvesting vessel must present for inspection 
the vessel's Atlantic tunas, shark, or swordfish permit to the receiving 
dealer. The permit must be presented prior to completing any applicable 
landing report specified at Sec. 635.5(a)(1), (a)(2) and (b)(2)(i).
    (6) Sanctions and denials. A permit issued under 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.
    (7) Alteration. A vessel or dealer permit that is altered, erased, 
mutilated, or otherwise modified is invalid.
    (8) Replacement. NMFS may issue a replacement permit upon the 
request of the permittee. An application for a replacement permit will 
not be considered a new application. An appropriate fee, consistent with 
paragraph (b) of this section, may be charged for issuance of the 
replacement permit.
    (9) Fees. NMFS may charge a fee for each application for a permit or 
for each transfer or replacement of a permit. The amount of the fee is 
calculated in accordance with the procedures of the NOAA Finance 
Handbook, available from NMFS, for determining administrative costs of 
each special product or service. The fee may not exceed such costs and 
is specified in the instructions provided with each application form. 
Each applicant must include the appropriate fee with each application or 
request for transfer or replacement. A permit will not be issued to 
anyone who fails to pay the fee.
    (10) Permit condition. An owner issued a swordfish or shark permit 
pursuant to this part must agree, as a condition of such permit, that 
the vessel's swordfish or shark fishing, catch and gear are subject to 
the requirements of this part during the period of validity of the 
permit, without regard to whether such fishing occurs in the EEZ, or 
outside the EEZ, and without regard to where such swordfish or shark, or 
gear are possessed, taken or landed. However, when a vessel fishes 
within the waters of a state that has more restrictive regulations on 
swordfish or shark fishing, persons aboard the vessel must

[[Page 213]]

abide by the state's more restrictive regulations.
    (b) HMS Charter/Headboat Permits. (1) The owner of a charter boat or 
headboat used to fish for, take, retain, or possess any Atlantic HMS 
must obtain an HMS Charter/Headboat permit. A vessel issued an Atlantic 
HMS Charter/Headboat permit, during such permit's period of validity, 
shall not be issued an Atlantic Tunas permit in any category.
    (2) While persons aboard a vessel that has been issued an HMS 
Charter/Headboat permit are fishing for or are in possession of Atlantic 
HMS, the operator of the vessel must have a valid Merchant Marine 
License or Uninspected Passenger Vessel License, as applicable, issued 
by the U.S. Coast Guard pursuant to regulations at 46 CFR part 10. Such 
Coast Guard license must be carried on board the vessel.
    (c) [Reserved]
    (d) Atlantic Tunas vessel permits. (1) The owner of each vessel used 
to fish for or take Atlantic tunas or on which Atlantic tunas are 
retained or possessed must obtain, in addition to any other required 
permits, an HMS Charter/Headboat permit issued under paragraph (b) of 
this section, or an Atlantic Tunas permit in one, and only one, of the 
following categories: Angling, General, Harpoon, Longline, Purse Seine, 
or Trap.
    (2) Persons aboard a vessel with a valid Atlantic Tunas vessel 
permit or HMS Charter/Headboat permit may fish for, take, retain, or 
possess Atlantic tunas, but only in compliance with the quotas, catch 
limits, size classes, and gear applicable to the permit category of the 
vessel from which he or she is fishing. Persons may sell Atlantic tunas 
only if the harvesting vessel has a valid permit in the General, 
Harpoon, Longline, Purse Seine, or Trap category of the Atlantic tunas 
permit or a valid HMS Charter/Headboat permit. Persons may not sell 
Atlantic tunas caught on board a vessel issued a permit in the Angling 
category.
    (3) Except for vessels with an Atlantic Tunas purse seine category 
permit, a vessel owner may change the category of the vessel's Atlantic 
Tunas permit or change between an Atlantic Tunas permit and the Atlantic 
HMS Charter/Headboat permit no more than once each year and only from 
January 1 through May 15. From May 16 through December 31, the vessel's 
permit or permit category may not be changed, regardless of a change in 
the vessel's ownership.
    (4) A person can obtain an Atlantic Tunas Longline category permit 
for a vessel only if the vessel has been issued both a limited access 
permit for shark and a limited access permit for swordfish. NMFS will 
issue Atlantic Tunas Longline category permits to qualifying vessels in 
calendar year 1999. Thereafter, such permits may be obtained through 
transfer from current owners consistent with the provisions under 
paragraph (l)(2) of this section.
    (5) An owner of a vessel with an Atlantic Tunas permit in the Purse 
Seine category may transfer the permit to another purse seine vessel 
that he or she owns. In either case, the owner must submit a written 
request for transfer to NMFS, to an address designated by NMFS, and 
attach an application for the new vessel and the existing permit. NMFS 
will issue no more than 5 Atlantic Tunas Purse Seine category permits.
    (e) Shark vessel LAPs. (1) As of July 1, 1999, the only valid 
Federal commercial vessel permits for shark are those that have been 
issued under the limited access criteria specified in Sec. 635.16.
    (2) The owner of each vessel used to fish for or take Atlantic 
sharks or on which Atlantic sharks are retained, possessed with an 
intention to sell, or sold must obtain, in addition to any other 
required permits, only one of two types of commercial limited access 
shark permits: Shark directed limited access permit or shark incidental 
limited access permit. See Sec. 635.16 regarding the initial issuance of 
these two types of permits. It is a rebuttable presumption that the 
owner or operator of a vessel on which sharks are possessed in excess of 
the recreational retention limits intends to sell the sharks.
    (3) A commercial limited access permit for sharks is not required if 
the vessel is recreational fishing and retains no more sharks than the 
recreational retention limit, is operating pursuant to the conditions of 
a shark

[[Page 214]]

EFP, or that fishes exclusively within state waters.
    (f) Swordfish vessel LAPs.
    (1) The owner of each vessel used to fish for or take Atlantic 
swordfish or on which Atlantic swordfish are retained, possessed with an 
intention to sell, or sold must obtain, in addition to any other 
required permits, only one of three types of commercial limited access 
swordfish permits: swordfish directed limited access permit, swordfish 
incidental limited access permit, or swordfish handgear limited access 
permit. See Sec. 635.16 regarding the initial issuance of these three 
types of permits.
    (2) As of July 1, 1999, the only valid commercial Federal vessel 
permits for swordfish are those that have been issued under the limited 
access criteria specified in Sec. 635.16.
    (3) A commercial Federal permit for swordfish is not required if the 
vessel is recreational fishing.
    (4) Unless the owner has been issued a swordfish handgear permit, a 
limited access permit for swordfish is valid only when the vessel has on 
board a valid limited access permit for shark and a valid Atlantic Tunas 
Longline category permit issued for such vessel.
    (g) Dealer permits--(1) Atlantic tunas. A person that receives, 
purchases, trades for, or barters for Atlantic tunas from a fishing 
vessel of the United States or who imports or exports bluefin tuna, 
regardless of ocean area of origin, must possess a valid dealer permit.
    (2) Shark. A person that receives, purchases, trades for, or barters 
for Atlantic sharks from a fishing vessel of the United States must 
possess a valid dealer permit.
    (3) Swordfish. A person that receives, purchases, trades for, or 
barters for Atlantic swordfish from a fishing vessel of the United 
States or who imports swordfish, regardless of origin, must possess a 
valid dealer permit. Importation of swordfish by nonresident 
corporations is restricted to those entities authorized under 19 CFR 
141.18.
    (h) Applications for permits. An owner of a vessel or a dealer must 
submit to NMFS, at an address designated by NMFS, a complete application 
and required supporting documents at least 30 days before the date on 
which the permit is to be made effective. Application forms and 
instructions for their completion are available from NMFS.
    (1) Atlantic tunas vessel permits. (i) An applicant must provide all 
information concerning his or her identification, vessel, gear used, 
fishing areas, fisheries participated in, the corporation or partnership 
owning the vessel, and income requirements requested by NMFS and 
included on the application form.
    (ii) An applicant must also submit a copy of the vessel's valid U.S. 
Coast Guard documentation or, if not documented, a copy of its valid 
state registration and any other information that may be necessary for 
the issuance or administration of the permit as requested by NMFS. The 
owner must submit such information to an address designated by NMFS.
    (iii) NMFS may require an applicant to provide documentation 
supporting the application before a permit is issued or to substantiate 
why such permit should not be revoked or otherwise sanctioned under 
paragraph (a)(7) of this section.
    (2) Limited access permits for swordfish and shark. See Sec. 635.16 
for the issuance of ILAPs for shark and swordfish. See paragraph (l) of 
this section for transfers of ILAPs and LAPs for shark and swordfish. 
See paragraph (m) of this section for renewals of LAPs for shark and 
swordfish.
    (3) Dealer permits. (i) An applicant for a dealer permit must 
provide all the information requested on the application form necessary 
to identify the company, its principal place of business, and mechanisms 
by which the company can be contacted.
    (ii) An applicant must also submit a copy of each state wholesaler's 
license held by the dealer and, if a business is owned by a corporation 
or partnership, the corporate or partnership documents requested on the 
application form.
    (iii) An applicant must also submit any other information that may 
be necessary for the issuance or administration of the permit, as 
requested by NMFS.
    (i) Change in application information. A vessel owner or dealer must 
report

[[Page 215]]

any change in the information contained in an application for a permit 
within 30 days after such change. The report must be submitted in 
writing to NMFS, to an address designated by NMFS with the issuance of 
each permit. In the case of a vessel permit for Atlantic tunas or an HMS 
Charter/Headboat permit, the vessel owner or operator must report the 
change by phone or internet to a number or website designated by NMFS. A 
new permit will be issued to incorporate the new information, subject to 
limited access provisions specified in paragraph (l)(2) of this section. 
For certain information changes, NMFS may require supporting 
documentation before a new permit will be issued. If a change in the 
permit information is not reported within 30 days, the permit is void as 
of the 31st day after such change.
    (j) Permit issuance. (1) NMFS will issue a permit within 30 days of 
receipt of a complete and qualifying application. An application is 
complete when all requested forms, information, and documentation have 
been received, including all reports and fishing or catch information 
required to be submitted under this part.
    (2) NMFS will notify the applicant of any deficiency in the 
application, including failure to provide information or reports 
required to be submitted under this part. If the applicant fails to 
correct the deficiency within 30 days following the date of 
notification, the application will be considered abandoned.
    (3) For issuance of ILAPs for shark and swordfish, see Sec. 635.16.
    (k) Duration. A permit issued under this section will be valid for 
the period specified on it unless it is revoked, suspended, or modified 
pursuant to subpart D of 15 CFR part 904, the vessel or dealership is 
sold, or any other information previously submitted on the application 
changes, as specified in paragraph (i) of this section.
    (l) Transfer--(1) General. A permit issued under this section is not 
transferable or assignable to another vessel or owner or dealer; it is 
valid only for the vessel or owner or dealer to whom it is issued. If a 
person acquires a vessel or dealership and wants to conduct activities 
for which a permit is required, that person must apply for a permit in 
accordance with the provisions of paragraph (h) of this section or, if 
the acquired vessel is permitted in either the shark, swordfish or tuna 
longline fishery, in accordance with paragraph (l)(2) of this section. 
If the acquired vessel or dealership is currently permitted, an 
application must be accompanied by the original permit and by a copy of 
a signed bill of sale or equivalent acquisition papers.
    (2) Shark, swordfish, and tuna longline LAPs. (i) Subject to the 
restrictions on upgrading the harvesting capacity of permitted vessels 
in paragraph (l)(2)(ii) of this section and to the limitations on 
ownership of permitted vessels in paragraph (l)(2)(iii) of this section, 
an owner may transfer a shark or swordfish ILAP or LAP or an Atlantic 
Tunas Longline category permit to another vessel that he or she owns or 
to another person. Directed handgear ILAPs and LAPs for swordfish may be 
transferred to another vessel but only for use with handgear and subject 
to the upgrading restrictions in paragraph (l)(2)(ii) of this section 
and the limitations on ownership of permitted vessels in paragraph 
(l)(2)(iii) of this section. Incidental catch ILAPs and LAPs are not 
subject to the requirements specified in paragraphs (l)(2)(ii) and 
(l)(2)(iii) of this section.
    (ii) An owner may upgrade a vessel with a shark, swordfish, or tuna 
longline limited access permit, or transfer the limited access permit to 
another vessel, and be eligible to retain or renew a limited access 
permit only if the upgrade or transfer does not result in an increase in 
horsepower of more than 20 percent or an increase of more than 10 
percent in length overall, gross registered tonnage, or net tonnage from 
the vessel baseline specifications.
    (A) The vessel baseline specifications are the respective 
specifications (length overall, gross registered tonnage, net tonnage, 
horsepower) of the first vessel that was issued an initial limited 
access permit or, if applicable, of that vessel's replacement owned as 
of May 28, 1999.
    (B) The vessel's horsepower may be increased only once subsequent to 
the issuance of a limited access permit,

[[Page 216]]

whether through refitting, replacement, or transfer. Such an increase 
may not exceed 20 percent of the horsepower of the vessel's baseline 
specifications, as applicable.
    (C) The vessel's length overall, gross registered tonnage, and net 
tonnage may be increased only once subsequent to the issuance of a 
limited access permit, whether through refitting, replacement, or 
transfer. Any increase in any of these three specifications of vessel 
size may not exceed 10 percent of the vessel's baseline specifications, 
as applicable. If any of these three specifications is increased, any 
increase in the other two must be performed at the same time. This type 
of upgrade may be done separately from an engine horsepower upgrade.
    (iii) No person or entity may own or control more than 5 percent of 
the vessels for which swordfish directed, shark directed or tuna 
longline limited access permits have been issued.
    (iv) In order to transfer a swordfish, shark or tuna longline 
limited access permit to a replacement vessel, the owner of the vessel 
issued the limited access permit must submit a request to NMFS, at an 
address designated by NMFS, to transfer the limited access permit to 
another vessel, subject to requirements specified in paragraph 
(l)(2)(ii) of this section, if applicable. The owner must return the 
current valid limited access permit to NMFS with a complete application 
for a limited access permit, as specified in paragraph (h) of this 
section, for the replacement vessel. Copies of both vessels' U.S. Coast 
Guard documentation or state registration must accompany the 
application.
    (v) For swordfish, shark, and tuna longline limited access permit 
transfers to a different person, the transferee must submit a request to 
NMFS, at an address designated by NMFS, to transfer the original limited 
access permit(s), subject to requirements specified in paragraphs 
(l)(2)(ii) and (l)(2)(iii) of this section, if applicable. The following 
must accompany the completed application: The original limited access 
permit(s) with signatures of both parties to the transaction on the back 
of the permit(s) and the bill of sale for the permit(s). A person must 
include copies of both vessels' U.S. Coast Guard documentation or state 
registration for limited access permit transfers involving vessels.
    (vi) For limited access permit transfers in conjunction with the 
sale of the permitted vessel, the transferee of the vessel and limited 
access permit(s) issued to that vessel must submit a request to NMFS, at 
an address designated by NMFS, to transfer the limited access permit(s), 
subject to requirements specified in paragraphs (l)(2)(ii) and 
(l)(2)(iii) of this section, if applicable. The following must accompany 
the completed application: The original limited access permit(s) with 
signatures of both parties to the transaction on the back of the 
permit(s), the bill of sale for the limited access permit(s) and the 
vessel, and a copy of the vessel's U.S. Coast Guard documentation or 
state registration.
    (vii) The owner of a vessel issued a limited access permit(s) who 
sells the permitted vessel but retains the limited access permit(s) must 
notify NMFS within 30 days after the sale of the change in application 
information in accordance with paragraph (i) of this section. If the 
owner wishes to transfer the limited access permit(s) to a replacement 
vessel, he/she must apply according to the procedures in paragraph 
(l)(2)(iv) of this section.
    (viii) As specified in paragraph (f)(4) of this section, a directed 
or incidental ILAP or LAP for swordfish, a directed or an incidental 
catch ILAP or LAP for shark, and an Atlantic Tunas commercial category 
permit are required to retain swordfish. Accordingly, a LAP for 
swordfish obtained by transfer without either a directed or incidental 
catch shark LAP or an Atlantic tunas commercial category permit will not 
entitle an owner or operator to use a vessel to fish in the swordfish 
fishery.
    (ix) As specified in paragraph (d)(4) of this section, a directed or 
incidental ILAP or LAP for swordfish, a directed or an incidental catch 
ILAP or LAP for shark, and an Atlantic Tunas Longline category permit 
are required to retain Atlantic tunas taken by pelagic longline gear. 
Accordingly, an Atlantic Tunas Longline category permit obtained by 
transfer without either a directed or incidental catch swordfish or

[[Page 217]]

shark LAP will not entitle an owner or operator to use the permitted 
vessel to fish in the Atlantic tunas fishery with pelagic longline gear.
    (m) Renewal--(1) General. Persons must apply annually for a vessel 
or dealer permit for Atlantic tunas, sharks, and swordfish, and HMS 
Charter/Headboats. Persons must apply annually for an Atlantic tunas or 
HMS Charter/headboat vessel permit. A renewal application must be 
submitted to NMFS, at an address designated by NMFS, at least 30 days 
before a permit's expiration to avoid a lapse of permitted status. NMFS 
will renew a permit provided that the specific requirements for the 
requested permit are met, including those described in Sec. 635.4 
(l)(2), all reports required under the Magnuson-Stevens Act and ATCA 
have been submitted, including those described in Sec. 635.5, and the 
applicant is not subject to a permit sanction or denial under paragraph 
(a)(6) of this section.
    (2) Shark, swordfish, and tuna longline LAPs. As of June 1, 2000, 
the owner of a vessel of the United States that fishes for, possesses, 
lands or sells shark or swordfish from the management unit, or takes or 
possesses such shark or swordfish as incidental catch or that fishes for 
Atlantic tunas with longline gear must have the applicable limited 
access permit(s) issued pursuant to the requirements in Sec. 635.4, 
paragraphs (e) and (f). However, any ILAP that expires on June 30, 2000, 
is valid through that date. Only valid limited access permit holders in 
the preceding year are eligible for renewal of a limited access 
permit(s). Limited access permits that have been transferred according 
to the procedures of paragraph (l) of this section are not eligible for 
renewal by the transferor.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37703, July 13, 1999; 65 
FR 47238, Aug. 1, 2000; 66 FR 30652, June 7, 2001]

    Effective Date Note: At 64 FR 29137, May 28, 1999, Sec. 635.4 was 
added. Paragraph (b) has information collection requirements and will 
not become effective until Office of Management and Budget approval.



Sec. 635.5  Recordkeeping and reporting.

    Information on HMS vessel and dealer reporting requirements may be 
obtained from the Division Chief or where otherwise stated in this part.
    (a) Vessels--(1) Logbooks. If an owner of an HMS Charter/Headboat 
vessel, an Atlantic Tunas vessel, or a commercial shark or swordfish 
vessel, for which a permit has been issued under Sec. 635.4(b), (d), 
(e), or (f), is selected for logbook reporting in writing by NMFS, he or 
she must maintain and submit a fishing record on a logbook specified by 
NMFS. Entries are required regarding the vessel's fishing effort and the 
number of fish landed and discarded. Entries on a day's fishing 
activities must be entered on the form within 48 hours of completing 
that day's activities and, for a 1-day trip, before offloading. The 
owner or operator of the vessel must submit the logbook form(s) 
postmarked within 7 days of offloading all Atlantic HMS.
    (2) Weighout slips. If an owner of a permitted vessel is required to 
maintain and submit logbooks under paragraph (a)(1) of this section, and 
Atlantic HMS harvested on a trip are sold, the owner or operator must 
obtain and submit copies of weighout slips for those fish. Each weighout 
slip must show the dealer to whom the fish were transferred, the date 
they were transferred, and the carcass weight of each fish for which 
individual weights are normally recorded. For fish that are not 
individually weighed, a weighout slip must record total weights by 
species and market category. A weighout slip for sharks prior to or as 
part of a commercial transaction involving shark carcasses or fins must 
record the weights of carcasses and any detached fins. The owner or 
operator must also submit copies of weighout slips with the logbook 
forms required to be submitted under paragraph (a)(1) of this section.
    (3) BFT not sold. If a person who catches and lands a large medium 
or giant BFT from a vessel issued a permit in any of the commercial 
categories for Atlantic tunas does not sell or otherwise transfer the 
BFT to a dealer who has a dealer permit for Atlantic tunas, the person 
must contact a NMFS enforcement agent, at a number designated by NMFS, 
immediately

[[Page 218]]

upon landing such BFT, provide the information needed for the reports 
required under paragraph (b)(2)(i) of this section, and, if requested, 
make the tuna available so that a NMFS enforcement agent or authorized 
officer may inspect the fish and attach a tag to it. Alternatively, such 
reporting requirement may be fulfilled if a dealer who has a dealer 
permit for Atlantic tunas affixes a dealer tag as required under 
paragraph (b)(2)(ii) of this section and reports the BFT as being landed 
but not sold on the reports required under paragraph (b)(2)(i) of this 
section. If a vessel is placed on a trailer, the person must contact a 
NMFS enforcement agent, or the BFT must have a dealer tag affixed to it 
by a permitted Atlantic tunas dealer, immediately upon the vessel being 
removed from the water. All BFT landed but not sold will be applied to 
the quota category according to the permit category of the vessel from 
which it was landed.
    (b) Dealers. Persons who have been issued a dealer permit under 
Sec. 635.4 must submit reports to NMFS, to an address designated by 
NMFS, and maintain records as follows:
    (1) Atlantic HMS. (i) Dealers that have been issued an Atlantic 
tunas, swordfish and/or sharks dealer permit under Sec. 635.4 must 
submit to NMFS all reports required under this section.
    (ii) Dealers that import bluefin tuna and/or swordfish must report 
all such species imported on forms available from NMFS.
    (iii) Reports of Atlantic tunas, Atlantic swordfish, and/or Atlantic 
sharks received by dealers from U.S. vessels, or reports of bluefin tuna 
and swordfish imported, on the first through the 15th of each month, 
must be postmarked not later than the 25th of that month. Reports of 
such fish received or imported on the 16th through the last day of each 
month must be postmarked not later than the 10th of the following month. 
For swordfish imports, a dealer must attach a copy of each certificate 
of eligibility to the report required under paragraph (b)(1)(ii) of this 
section. If a dealer issued an Atlantic tunas, swordfish or sharks 
dealer permit under Sec. 635.4 has not received any Atlantic HMS from 
U.S. vessels during a reporting period as specified in this section, he 
or she must still submit the report required under paragraph (b)(1)(i) 
of this section stating that no Atlantic HMS were received. This 
negative report must be postmarked for the applicable reporting period 
as specified in this section. This negative reporting requirement does 
not apply for BFT.
    (iv) The reporting requirement of paragraph (b)(1)(i) of this 
section may be satisfied by a dealer if he or she provides a copy of 
each appropriate weighout slip or sales record, provided such weighout 
slip or sales record by itself or combined with the form available from 
NMFS includes all of the required information and identifies each fish 
by species.
    (v) The dealer may mail or fax such report to an address designated 
by NMFS or may hand-deliver such report to a state or Federal fishery 
port agent designated by NMFS. If the dealer hand-delivers the report to 
a port agent, a dealer must deliver such report no later than the 
prescribed postmark date for the reporting period.
    (2) Requirements for bluefin tuna--(i) Dealer reports--(A) Landing 
reports. Each dealer issued an Atlantic tunas permit under Sec. 635.4 
must submit a completed landing report on a form available from NMFS for 
each BFT received from a U.S. fishing vessel. Such report must be 
submitted by electronic facsimile (fax) to a number designated by NMFS 
not later than 24 hours after receipt of the BFT. The landing report 
must indicate the name and permit number of the vessel that landed the 
BFT and must be signed by the permitted vessel's owner or operator 
immediately upon transfer of the BFT. The dealer must inspect the 
vessel's permit to verify that the required vessel name and vessel 
permit number as listed on the permit are correctly recorded on the 
landing report.
    (B) Bi-weekly reports. Each dealer issued an Atlantic tunas permit 
under Sec. 635.4 must submit a bi-weekly report on forms supplied by 
NMFS for BFT received from U.S. vessels and for imports of bluefin tuna. 
For BFT received from U.S. vessels and for bluefin tuna imported on the 
first through the 15th of each month, the dealer must submit the bi-
weekly report forms to NMFS

[[Page 219]]

postmarked not later than the 25th of that month. Reports of BFT 
received and bluefin tuna imported on the 16th through the last day of 
each month must be postmarked not later than the 10th of the following 
month.
    (ii) Dealer Tags. NMFS will issue numbered dealer tags to each 
person issued a dealer permit for Atlantic tunas under Sec. 635.4. A 
dealer tag is not transferable and is usable only by the dealer to whom 
it is issued. Dealer tags may not be reused once affixed to a tuna or 
recorded on a package, container, or report.
    (A) Affixing dealer tags. A dealer or a dealer's agent must affix a 
dealer tag to each BFT purchased or received from a U.S. vessel 
immediately upon offloading the BFT. If a vessel is placed on a trailer, 
the dealer or dealer's agent must affix the dealer tag to the BFT 
immediately upon the vessel being removed from the water. The dealer tag 
must be affixed to the BFT between the fifth dorsal finlet and the 
caudal keel.
    (B) Removal of dealer tags. A dealer tag affixed to any BFT under 
paragraph (b)(2)(ii)(A) of this section or a BSD tag affixed to an 
imported bluefin tuna must remain on the fish until it is cut into 
portions. If the bluefin tuna or bluefin tuna parts subsequently are 
packaged for transport for domestic commercial use or for export, the 
number of the dealer tag or the BSD tag must be written legibly and 
indelibly on the outside of any package containing the tuna. Such tag 
number also must be recorded on any document accompanying the shipment 
of bluefin tuna for commercial use or export.
    (3) Recordkeeping. Dealers must retain at their place of business a 
copy of each written report required under paragraphs (b)(1)(i) through 
(b)(1)(iii) and paragraph (b)(2)(i) of this section for a period of 2 
years from the date on which each report was required to be submitted.
    (c) Anglers. The owner of a vessel permitted in the Atlantic tunas 
Angling or Atlantic tunas or HMS Charter/Headboat category must report 
all BFT landed under the Angling category quota to NMFS through the 
automated catch reporting system by calling 1-888-USA-TUNA within 24 
hours of the landing. Alternative BFT reporting procedures may be 
established by NMFS in cooperation with states and may include such 
methodologies as telephone, dockside or mail surveys, mail in or phone-
in reports, tagging programs, or mandatory check-in stations. A census 
or a statistical sample of persons fishing under the Angling category 
may be used for these alternative reporting programs, and owners of 
selected vessels will be notified by NMFS or by the cooperating state 
agency of the requirements and procedures for reporting BFT. Each person 
so notified must comply with those requirements and procedures. 
Additionally, NMFS may determine that BFT landings reporting systems 
implemented by the states, if mandatory, at least as restrictive, and 
effectively enforced, are sufficient for Angling category quota 
monitoring. In such case, NMFS will file with the Office of the Federal 
Register for publication notification indicating that compliance with 
the state system satisfies the reporting requirement of this paragraph 
(c).
    (d) Tournament operators. A tournament operator must notify NMFS of 
the purpose, dates, and location of the tournament conducted from a port 
in an Atlantic coastal state, including the U.S. Virgin Islands and 
Puerto Rico, at least 4 weeks prior to commencement of the tournament. 
NMFS will notify a tournament operator in writing, when his or her 
tournament has been selected for reporting. The tournament operator that 
is selected must maintain and submit to NMFS a record of catch and 
effort on forms available from NMFS. Tournament operators must submit 
completed forms to NMFS, at an address designated by NMFS, postmarked no 
later than the 7th day after the conclusion of the tournament and must 
attach a copy of the tournament rules.
    (e) Inspection. Any person authorized to carry out enforcement 
activities under the regulations in this part has the authority, without 
warrant or other process, to inspect, at any reasonable time, catch on 
board a vessel or on the premises of a dealer, logbooks, catch reports, 
statistical records, sales receipts, or other records and reports 
required by this part to be

[[Page 220]]

made, kept, or furnished. An owner or operator of a fishing vessel that 
has been issued a permit under Sec. 635.4 must allow NMFS or an 
authorized person to inspect and copy any required reports and the 
records, in any form, on which the completed reports are based, wherever 
they exist. An agent of a person issued a vessel or dealer permit under 
this part, or anyone responsible for offloading, storing packing, or 
selling regulated HMS for such permittee, shall be subject to the 
inspection provisions of this section.
    (f) Additional data and inspection. Additional data on fishing 
effort directed at Atlantic HMS or on catch of Atlantic HMS, regardless 
of whether retained, may be collected by contractors and statistical 
reporting agents, as designees of NMFS, and by authorized officers. A 
person issued a permit under Sec. 635.4 is required to provide requested 
information about fishing activity, and a person, regardless of whether 
issued a permit under Sec. 635.4, who possesses an Atlantic HMS is 
required to make such fish or parts thereof available for inspection by 
NMFS or its designees upon request.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 66 
FR 30653, June 7, 2001; 66 FR 42804, Aug. 15, 2001]



Sec. 635.6  Vessel and gear identification.

    (a) Vessel number. For the purposes of this section, a vessel's 
number is the vessel's official number issued by either by the U.S. 
Coast Guard or by the appropriate state agency.
    (b) Vessel identification. (1) An owner or operator of a vessel for 
which a permit has been issued under Sec. 635.4, other than a permit for 
the Atlantic tunas Angling category, must display the vessel number--
    (i) 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.
    (ii) In block arabic numerals permanently affixed to or painted on 
the vessel in contrasting color to the background.
    (iii) At least 18 inches (45.7 cm) in height for vessels over 65 ft 
(19.8 m) in length; at least 10 inches (25.4 cm) in height for all other 
vessels over 25 ft (7.6 m) in length; and at least 3 inches (7.6 cm) in 
height for vessels 25 ft (7.6 m) in length or less.
    (2) The owner or operator of a vessel for which a permit has been 
issued under Sec. 635.4 must keep the vessel's number clearly legible 
and in good repair and ensure that no part of the vessel, its rigging, 
its fishing gear, or any other material on board obstructs the view of 
the vessel's number from an enforcement vessel or aircraft.
    (c) Gear identification. (1) The owner or operator of a vessel for 
which a permit has been issued under Sec. 635.4 and that uses a 
handline, harpoon, longline, or gillnet, must display the vessel's name, 
registration number or Atlantic Tunas permit number on each float 
attached to a handline or harpoon and on the terminal floats and high-
flyers (if applicable) on a longline or gillnet used by the vessel. The 
vessel's name or number must be at least 1 inch (2.5 cm) in height in 
block letters or arabic numerals in a color that contrasts with the 
background color of the float or high-flyer.
    (2) An unmarked handline, harpoon, longline, or gillnet, is illegal 
and may be disposed of in an appropriate manner by NMFS or an authorized 
officer.
    (3) In addition to gear marking requirements in this paragraph 
(c)(1), provisions on gear marking for the southeast U.S. shark gillnet 
fishery to implement the Atlantic Large Whale Take Reduction Plan are 
set forth in Sec. 229.32(b) of this title.

[64 FR 29135, May 28, 1999, as amended at 66 FR 42804, Aug. 15, 2001]



Sec. 635.7  At-sea observer coverage.

    (a) Applicability. NMFS may select for observer coverage any vessel 
that has an Atlantic HMS, tunas, shark or swordfish permit issued under 
Sec. 635.4. Vessels permitted in the HMS Charter/Headboat and Atlantic 
Tunas Angling and Charter/Headboat categories will be requested to take 
observers on a voluntary basis. When selected, vessels issued any other 
permit under Sec. 635.4 are required to take observers on a mandatory 
basis.
    (b) Selection of vessels. NMFS will notify a vessel owner, in 
writing, when his or her vessel is selected for observer coverage. 
Vessels will be selected to

[[Page 221]]

provide information on catch, bycatch and other fishery data according 
to the need for representative samples.
    (c) Notification of trips. The owner or operator of a vessel that is 
selected under paragraph (b) of this section must notify NMFS, at an 
address designated by NMFS, before commencing any fishing trip that may 
result in the incidental catch or harvest of Atlantic HMS. Notification 
procedures and information requirements such as expected gear 
deployment, trip duration and fishing area will be specified in a 
selection letter sent by NMFS.
    (d) Assignment of observers. Once notified of a trip, NMFS will 
assign an observer for that trip based on current information needs 
relative to the expected catch and bycatch likely to be associated with 
the indicated gear deployment, trip duration and fishing area. If an 
observer is not assigned for a fishing trip, NMFS will issue a waiver 
for that trip to the owner or operator of the selected vessel, so long 
as the waiver is consistent with other applicable laws. If an observer 
is assigned for a trip, the operator of the selected vessel must arrange 
to embark the observer and shall not fish for or retain any Atlantic HMS 
unless the NMFS-assigned observer is aboard.
    (e) Requirements. The owner or operator of a vessel on which a NMFS-
approved observer is embarked, regardless of whether required to carry 
the observer, must comply with Secs. 600.725 and 600.746 of this chapter 
and--
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties.
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store fish.
    (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.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 66 
FR 17372, Mar. 30, 2001]



                        Subpart B--Limited Access



Sec. 635.16  Limited access permits.

    As of July 1, 1999, the only valid commercial vessel permits for 
shark and swordfish are those that have been issued under the limited 
access criteria specified in this section. If the Federal commercial 
shark permit issued to the vessel owner prior to July 1, 1999, was based 
on the qualifications of the operator, then a shark limited access 
permit will be issued to the qualifying vessel owner, subject to the 
provisions in this part, with the requirement that the operator must be 
on board the vessel to fish for, take, retain, or possess Atlantic 
sharks in state or Federal waters. This requirement expires May 30, 
2000.
    (a) Eligibility requirements for ILAPs--(1) Directed permits. To be 
eligible for a directed ILAP in the shark or swordfish fishery, a vessel 
owner must demonstrate past participation in the respective fishery by 
having--
    (i) Been the owner of a vessel that was issued a valid permit for 
the respective fishery at any time from July 1, 1994, through December 
31, 1997.
    (ii) Documented shark or swordfish landings from the respective 
federally permitted vessel that he or she owned, of at least $5,000 per 
year in value or in number per year as follows--
    (A) One hundred and two sharks per year for any 2 calendar years, 
from January 1, 1991, through December 31, 1997, provided the landings 
after July 1, 1993, occurred when the permit was valid, or
    (B) Twenty-five swordfish per year for any 2 calendar years, from 
January 1, 1987, through December 31, 1997, provided the landings 
occurred when the permit was valid.
    (iii) Been the owner of a vessel in the respective fishery that--
    (A) Had a valid Federal shark permit at any time from January 1, 
1998, through December 31, 1998, or

[[Page 222]]

    (B) Had a valid Federal swordfish permit at any time from June 1, 
1998, through November 30, 1998.
    (2) Incidental catch permits. To be eligible for an incidental ILAP 
in the shark or swordfish fishery, a vessel owner must demonstrate past 
participation in the respective fishery by having--
    (i) Been the owner of a vessel that was issued a valid permit for 
the respective fishery at any time from July 1, 1994, through December 
31, 1997; and
    (ii) Documented landings from the respective federally permitted 
vessel that he or she owned of at least--
    (A) Seven sharks from January 1, 1991, through December 31, 1997, 
provided the landings after July 1, 1993, occurred when the permit was 
valid; or
    (B) Eleven swordfish from January 1, 1987, through December 31, 
1997, provided the landings occurred when the permit was valid; and
    (iii) Been the owner of a vessel in the respective fishery that--
    (A) Had a valid Federal shark permit at any time from January 1, 
1998, through December 31, 1998, or
    (B) Had a valid Federal swordfish permit at any time from June 1, 
1998, through November 30, 1998; and
    (iv) Met either the gross income from fishing or the gross sales of 
fish requirement specified in paragraph (a)(3)(i) or (ii) of this 
section; or
    (v) Been the owner of a vessel that had a permit for Atlantic tuna 
in the Incidental category at any time from January 1, 1998, through 
December 31, 1998; or
    (vi) Been the owner of a vessel that is eligible for a directed or 
incidental ILAP for swordfish (incidental shark ILAPs only).
    (3) Handgear permits. To be eligible for a swordfish handgear ILAP--
    (i) The owner's gross income from commercial fishing (i.e., harvest 
and first sale of fish) or from charter/headboat fishing must be more 
than 50 percent of his or her earned income, during one of the 3 
calendar years preceding the application, or
    (ii) The owner's gross sales of fish harvested from his or her 
vessel must have been more than $20,000, during one of the 3 calendar 
years preceding the application, or
    (iii) The owner must provide documentation of having been issued a 
swordfish permit for use with harpoon gear, or
    (iv) The owner must document his or her historical landings of 
swordfish with handgear through logbook records, verifiable sales slips 
or receipts from registered dealers or state landings records.
    (b) Landings histories. For the purposes of the landings history 
criteria in paragraphs (a)(1)(ii) and (a)(2)(ii) of this section:
    (1) The owner of a permitted vessel at the time of a landing retains 
credit for the landing unless ownership of the vessel and the landings 
history has been transferred and there is a written agreement signed by 
both parties to the transfer, or there is other credible written 
evidence that the original owner transferred the landings history to the 
new owner.
    (2) A vessel's landings history may not be divided among owners. A 
transfer of credit for landings history must be for the entire record of 
landings under the previous owner.
    (3) Vessel landings histories may not be consolidated among vessels. 
Owners may not pool landings histories to meet the eligibility 
requirements.
    (c) Alternative eligibility requirements for initial permits. (1) 
Persons who acquired ownership of a vessel and its landings history 
after December 31, 1997, are exempt from the requirement to have owned a 
federally permitted shark or swordfish vessel at any time during the 
period July 1, 1994, through December 31, 1997. The acquired landings 
history must meet the criteria for a directed or incidental catch permit 
specified in paragraph (a)(1)(ii)(A), (a)(1)(ii)(B), (a)(2)(ii)(A) or 
paragraph (a)(2)(ii)(B) of this section, and such persons must have had 
a valid Federal shark permit at any time from January 1, 1998, through 
December 31, 1998, or a valid Federal swordfish permit at any time from 
June 1, 1998, through November 30, 1998.
    (2) If a person first obtained a shark or swordfish permit in 1997, 
the required landings for a directed or incidental catch permit 
specified in paragraphs (a)(1)(ii) and (a)(2)(ii) are modified as 
follows:

[[Page 223]]

    (i) To qualify for a directed shark or swordfish ILAP, respectively, 
such persons must document landings from a federally permitted vessel of 
at least:
    (A) One hundred and two sharks in calendar year 1997, provided such 
landings occurred when the permit was valid, or
    (B) Twenty-five swordfish in calendar year 1997, provided such 
landings occurred when the permit was valid.
    (ii) To qualify for an incidental shark or swordfish catch ILAP, 
respectively, such persons must document landings from a federally 
permitted vessel of at least one shark or swordfish in calendar year 
1997, provided such landings occurred when the permit was valid.
    (d) Procedures for initial issuance of LAPs--(1) Notification of 
status. NMFS will send all written correspondence regarding limited 
access permits by certified mail.
    (i) Shortly after the final rule is published, the Division Chief 
will notify each owner of a vessel who had a valid Federal shark permit 
at any time from January 1, 1998, through December 31, 1998, each owner 
of a vessel who had a valid Federal swordfish permit at any time from 
June 1, 1998, through November 30, 1998, and each owner of a vessel that 
had a valid Atlantic tuna Incidental category permit at any time from 
January 1, 1998, through December 31, 1998, of the initial determination 
of the owner's eligibility for a directed or incidental catch ILAP. The 
Division Chief will make the initial determination based on the criteria 
in paragraphs (a)(1), (a)(2), and (c)(2) of this section and on records 
available to NMFS and mail the appropriate permit. The Division Chief 
will not make initial determinations of eligibility for a vessel permit 
under the alternative eligibility requirements specified in paragraph 
(a)(3) or (c)(1) of this section; persons that believe they qualify for 
a LAP under these criteria must apply to the Division Chief.
    (ii) If NMFS determines that all qualifications for a directed or 
incidental catch ILAP have been met and that no further action is 
required, the appropriate permit for the vessel will be included with 
the notification. An ILAP issued by NMFS will be valid through the 
expiration date indicated on the permit.
    (iii) A person must apply to the Division Chief for the appropriate 
permit if--
    (A) He or she does not agree with the initial determination;
    (B) He or she believes that he or she qualifies for a directed or 
incidental catch ILAP but did not receive a letter from the Division 
Chief regarding eligibility status; or
    (C) He or she believes that he or she qualifies for a swordfish 
handgear permit.
    (2) Applications for ILAPs. (i) Applicants may obtain application 
forms and instructions from the Division Chief. The vessel owner must 
submit a completed signed application form and all required supporting 
documents.
    (ii) An application for a directed or incidental catch ILAP must be 
submitted to the Division Chief postmarked no later than September 1, 
1999. An application for an initial swordfish handgear permit must be 
submitted to the Division Chief postmarked no later than December 1, 
1999. Any application received by the Division Chief after these dates 
will not be considered.
    (iii) Each application must be accompanied by documentation showing 
that the criteria for the requested permit have been met. Vessel 
landings of sharks in numbers of fish or value through June 30, 1993, 
may be documented by verifiable sales slips or receipts from registered 
dealers or by state landings records. Vessel landings of sharks in 
numbers of fish after July 1, 1993, and all vessel landings of swordfish 
in numbers of fish may be documented only by fishing vessel logbook 
records that NMFS received before March 2, 1998. Vessel landings of 
sharks or swordfish in value may be documented by verifiable sales slips 
or receipts from registered dealers or by state landings records. NMFS 
will not apply any landing of fish by number of fish or value that 
occurred when the vessel did not have a valid Federal permit.
    (iv) Information submitted on an application and documentation in 
support of an application is subject to

[[Page 224]]

verification by comparison with Federal, state, and other records and 
information. Submission of false information or documentation may result 
in disqualification from initial participation in the shark, swordfish, 
or tunas fisheries and may result in Federal prosecution.
    (v) If the Division Chief receives an incomplete application in a 
timely manner, NMFS will notify the applicant of the deficiency. If the 
applicant fails to correct the deficiency within 30 days of the date of 
receipt of the Division Chief's notification, the application will be 
considered abandoned.
    (3) Actions on applications. Within 30 days of receipt of a complete 
application, the Division Chief will take one of the following actions:
    (i) If the eligibility requirements are met, the Division Chief will 
issue the appropriate ILAP which will be valid through the marked 
expiration date.
    (ii) If, based on the information and documentation supplied with 
the application, the Division Chief determines that the applicant does 
not meet the eligibility criteria for the requested vessel permit, the 
Division Chief will deny the application in a letter to the applicant. 
If, based on the documentation supplied, the Division Chief believes the 
applicant is qualified for an incidental catch vessel permit instead of 
the requested directed ILAP, he or she will notify the applicant of the 
denial of the requested directed ILAP but will issue the incidental 
catch ILAP.
    (4) Appeals. (i) If an application for an ILAP is denied or if an 
incidental catch ILAP is issued instead of the requested directed ILAP, 
the applicant may appeal the denial to the Director. The sole grounds 
for appeal will be that the original denial by the Division Chief was 
based on incorrect or incomplete information. No other grounds will be 
considered. An appeal must be in writing, must be submitted to the 
Director postmarked no later than 90 days after receipt of the notice of 
denial, must specify the grounds for the appeal, and must include 
documentation supporting the grounds for the appeal. Documentation of 
vessel landings that the Director may consider in support of an appeal 
is described in paragraph (d)(2)(iii) of this section. Photocopies of 
documentation (e.g., permits, logbook reports) will be acceptable for 
initial submission. The Director may request originals at a later date, 
which would be returned to the appellant.
    (ii) Upon receipt of a complete written appeal with supporting 
documentation, the Director may issue a provisional ILAP that is valid 
for the period during the appeal. This provisional permit will be valid 
only for use with the specified gear and will be subject to all 
regulations contained in this part.
    (iii) The Director will appoint an appeals officer who will review 
the appeal documentation and other available records. If the information 
and documentation presented in the appeal are insufficient, inconsistent 
with vessel ownership, landings history, and other information available 
from NMFS' records, or cannot be verified, the appeals officer may 
notify the appellant that the information supplied is not adequate to 
warrant issuance of the requested permit. The appellant will have 30 
days from the date of receipt of the notification to submit to the 
appeals officer corroborating documents in support of the appeal or to 
submit a revised appeal. After the written appeal documentation is 
complete, the appeals officer will make findings and a recommendation, 
which shall be advisory only, to the Director within 60 days of receipt 
of the appeal.
    (iv) The Director will make a final decision on the appeal and send 
the appellant notice of the decision. The Director's decision is the 
final administrative action of the Department of Commerce on the 
application.
    (v) If the appeal is denied, the provisional permit will become 
invalid 5 days after receipt of the notice of denial. If the appeal is 
accepted, NMFS will issue an appropriate permit.
    (e) Transfer of LAPs. For provisions on transfer of limited access 
permits, see Sec. 635.4(l).
    (f) Renewal of LAPs. For provisions on renewal of limited access 
permits, see Sec. 635.4(m).

[[Page 225]]



                     Subpart C--Management Measures



Sec. 635.20  Size limits.

    (a) General. The CFL will be the sole criterion for determining the 
size and/or size class of whole (head on) Atlantic tunas.
    (b) BFT size classes. The size class of a BFT found with the head 
removed shall be determined using pectoral fin curved fork length 
(PFCFL) multiplied by a conversion factor of 1.35. The CFL, as 
determined by conversion of the PFCFL, will be the sole criterion for 
determining the size class of a beheaded BFT. The conversion factor may 
be adjusted after consideration of additional scientific information and 
fish measurement data, and will be made effective by filing with the 
Office of the Federal Register for publication notification of the 
adjustment.
    (c) BFT, bigeye tuna, and yellowfin tuna. (1) No person shall take, 
retain, or possess a BFT, bigeye tuna, or yellowfin tuna in the Atlantic 
Ocean that is less than 27 inches (69 cm) CFL;
    (2) Applying the conversion factor from PFCFL to CFL for a beheaded 
BFT in Sec. 635.20(b) means that no person shall retain or possess a 
BFT, with the head removed, that is less than 20 inches (51 cm) PFCFL.
    (3) No person shall remove the head of a bigeye tuna or yellowfin 
tuna if the remaining portion would be less than 27 inches (69 cm) from 
the fork of the tail to the forward edge of the cut.
    (d) Billfish. (1) No person shall take, retain or possess a blue 
marlin taken from its management unit that is less than 99 inches (251 
cm), LJFL.
    (2) No person shall take, retain or possess a white marlin taken 
from its management unit that is less than 66 inches (168 cm), LJFL.
    (3) No person shall take, retain or possess shoreward of the outer 
boundary of the EEZ a sailfish taken from its management unit that is 
less than 63 inches (160 cm), LJFL.
    (e) Sharks. (1) No person shall take, retain, or possess in the 
Atlantic EEZ any species classified as a ridgeback LCS shark, taken from 
its management unit that is less than 54 inches (137 cm), fork length, 
or, if the head and fins have been removed, 30 inches (76 cm) as a 
straight line from the first dorsal fin ray to the precaudal pit. If the 
precaudal pit has been removed, such measurement will be to the 
posterior edge of the carcass. For the purposes of enforcing the minimum 
size, it is a rebuttable presumption that any ridgeback shark from which 
the head and fins have been removed is a ridgeback LCS shark.
    (2) All sharks landed under the recreational retention limits 
specified at Sec. 635.22(c) must have the head, tail, and fins attached 
and be at least 54 inches (137 cm), FL, except that the minimum size 
limit does not apply for Atlantic sharpnose sharks.
    (f) Swordfish. (1) No person shall take, retain, or possess a north 
or south Atlantic swordfish taken from its management unit that is less 
than 29 inches (73 cm), CK, 47 inches (119 cm), LJFL, or 33 lb (15 kg) 
dressed weight. A swordfish that is damaged by shark bites may be 
retained only if the remainder of the carcass is at least 29 inches (73 
cm) CK, 47 inches (119 cm), LJFL, or 33 lb (15 kg) dw. No person shall 
import into the United States an Atlantic swordfish weighing less than 
33 lb (15 kg) dressed weight, or a part derived from a swordfish that 
weighs less than 33 lb (15 kg) dressed weight.
    (2) Except for a swordfish landed in a Pacific state and remaining 
in the state of landing, a swordfish, or part thereof, weighing less 
than 33 lb (15 kg) dressed weight will be deemed to be an Atlantic 
swordfish harvested by a vessel of the United States and to be in 
violation of the minimum size requirement of this section unless such 
swordfish, or part thereof, is accompanied by a certificate of 
eligibility attesting that the swordfish was lawfully imported. Refer to 
Sec. 635.46(b) for the requirements related to the certificate of 
eligibility.
    (3) A swordfish, or part thereof, will be monitored for compliance 
with the minimum size requirement of this section from the time it is 
landed in, or imported into, the United States up to, and including, the 
point of first transaction in the United States.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 66 
FR 42804, Aug. 15, 2001]

[[Page 226]]



Sec. 635.21  Gear operation and deployment restrictions.

    (a) All Atlantic HMS fishing gears. (1) An Atlantic HMS harvested 
from its management unit that is not retained must be released in a 
manner that will ensure maximum probability of survival, but without 
removing the fish from the water.
    (2) If a billfish is caught by a hook, the fish must be released by 
cutting the line near the hook or by using a dehooking device, in either 
case without removing the fish from the water.
    (3) Effective September 15, 2001, through January 9, 2002, operators 
of all vessels issued, or required to have, a permit under this part 
must post inside the wheelhouse the sea turtle handling and release 
guidelines provided by NMFS.
    (4) Effective September 15, 2001, through January 9, 2002, operators 
of all vessels that have pelagic or bottom longline gear on board and 
that have been issued, or required to have, a limited access swordfish, 
shark, or tuna longline category permit for use in the Atlantic Ocean 
including the Caribbean Sea and the Gulf of Mexico must post inside the 
wheelhouse the sea turtle handling and release guidelines provided by 
NMFS.
    (b) General. No person shall use any gear to fish for Atlantic HMS 
other than those gears specifically authorized in this part. A vessel 
using or having on board in the Atlantic Ocean any unauthorized gear may 
not have on board an Atlantic HMS.
    (c) Pelagic longlines. For purposes of this part, a vessel is 
considered to have pelagic longline gear on board when a power-operated 
longline hauler, a mainline, floats capable of supporting the mainline, 
and leaders (gangions) with hooks are on board. Removal of any one of 
these elements constitutes removal of pelagic longline gear. If a vessel 
issued a permit under this part is in a closed area designated under 
paragraph (c)(2) of this section with pelagic longline gear on board, it 
is a rebuttable presumption that fish on board such vessel were taken 
with pelagic longline gear in the closed area.
    (1) From August 1, 1999, through November 30, 2000, no person may 
deploy a pelagic longline that is more than 24 nautical miles (44.5 km) 
in length in the Mid-Atlantic Bight.
    (2) If pelagic longline gear is on board a vessel issued a permit 
under this part, persons aboard that vessel may not fish or deploy any 
type of fishing gear in:
    (i) The Northeastern United States closed area from June 1 through 
June 30 each calendar year;
    (ii) In the Charleston Bump closed area from March 1 through April 
30, 2001, and from February 1 through April 30 each calendar year 
thereafter;
    (iii) In the East Florida Coast closed area at any time beginning at 
12:01 a.m. on March 1, 2001; and
    (iv) In the DeSoto Canyon closed area at any time beginning at 12:01 
a.m. on November 1, 2000.
    (3) When a marine mammal or sea turtle is hooked or entangled by 
pelagic longline gear, the operator of the vessel must immediately 
release the animal, retrieve the pelagic longline gear, and move at 
least 1 nm (2 km) from the location of the incident before resuming 
fishing. Reports of marine mammal entanglements must be submitted to 
NMFS consistent with regulations in Sec. 229.6 of this title.
    (4) In the Gulf of Mexico: pelagic longline gear may not be fished 
or deployed from a vessel issued a permit under this part with live bait 
affixed to the hooks; and, a person aboard a vessel issued a permit 
under this part that has pelagic longline gear on board shall not 
maintain live baitfish in any tank or well on board the vessel and shall 
not possess live baitfish, and shall not set up or attach an aeration or 
water circulation device in or to any such tank or well. For the 
purposes of this section, the Gulf of Mexico includes all waters of the 
U.S. EEZ west and north of the boundary stipulated at 50 CFR 600.105(c).
    (5) The operator of a vessel required to be permitted under this 
part and that has pelagic longline gear on board must undertake the 
following sea turtle bycatch mitigation measures:
    (i) Possession and use of required mitigation gear. Line clippers 
meeting minimum design standards as specified in paragraph (c)(5)(i)(A) 
of this section and dipnets meeting minimum standards prescribed in 
paragraph (c)(5)(i)(B)

[[Page 227]]

of this section must be carried on board and must be used to disengage 
any hooked or entangled sea turtles in accordance with the requirements 
specified in paragraph (c)(5)(ii) of this section.
    (A) Line clippers. Line clippers are intended to cut fishing line as 
close as possible to hooked or entangled sea turtles. NMFS has 
established minimum design standards for line clippers. The Arceneaux 
line clipper is a model that meets these minimum design standards and 
may be fabricated from readily available and low-cost materials (65 FR 
16347, March 28, 2000). The minimum design standards for line clippers 
are as follows:
    (1) A protected cutting blade. The cutting blade must be curved, 
recessed, contained in a holder, or otherwise designed to minimize 
direct contact of the cutting surface with sea turtles or users of the 
cutting blade.
    (2) Cutting blade edge. The blade must be able to cut 2.0-2.1 mm 
monofilament line and nylon or polypropylene multistrand material 
commonly known as braided mainline or tarred mainline.
    (3) An extended reach holder for the cutting blade. The line clipper 
must have an extended reach handle or pole of at least 6 ft (1.82 m).
    (4) Secure fastener. The cutting blade must be securely fastened to 
the extended reach handle or pole to ensure effective deployment and 
use.
    (B) Dipnets. Dipnets are intended to facilitate safe handling of sea 
turtles and access to sea turtles for purposes of cutting lines in a 
manner that prevents injury and trauma to sea turtles. The minimum 
design standards for dipnets are as follows:
    (1) Extended reach handle. The dipnet must have an extended reach 
handle of at least 6 ft (1.82 m) of wood or other rigid material able to 
support a minimum of 100 lbs (34.1 kg) without breaking or significant 
bending or distortion.
    (2) Size of dipnet. The dipnet must have a net hoop of at least 31 
inches (78.74 cm) inside diameter and a bag depth of at least 38 inches 
(96.52 cm). The bag mesh openings may not exceed 3 inches  x  3 inches 
(7.62 cm  x  7.62 cm).
    (ii) Handling requirements. (A) The dipnets required by this 
paragraph should be used to facilitate access and safe handling of sea 
turtles where feasible. The line clippers must be used to disentangle 
sea turtles from fishing gear or to cut fishing line as close as 
possible to a hook that cannot be removed without causing further 
injury.
    (B) When practicable, active and comatose sea turtles must be 
brought on board immediately, with a minimum of injury, and handled in 
accordance with the procedures specified in Sec. 223.206(d) (1).
    (C) If a sea turtle is too large or hooked in a manner that 
precludes safe boarding without causing further damage or injury to the 
turtle, line clippers described in paragraph (c)(5)(i)(A) of this 
section must be used to clip the line and remove as much line as 
possible prior to releasing the turtle.
    (iii) Gear modifications. The following measures to reduce the 
incidental capture and mortality of sea turtles are effective August 1, 
2001, through January 9, 2002.
    (A) Gangion placement. Pelagic longline gear must be deployed such 
that gangions may not be attached to floatlines nor to the mainline 
except at a distance from the attachment point of the floatline to the 
mainline, along the mainline, of at least twice the length of the 
average gangion length in the set.
    (B) Gangion length. Pelagic longline gear must be deployed such that 
the length of the gangion is at least 10 percent greater than the length 
of the floatline for longline sets in which the combined length of the 
floatline and the gangion is 100 meters or less.
    (6) If pelagic longline gear is on board a vessel issued, or 
required to have, a permit under this part, persons aboard that vessel 
may not fish or deploy any type of fishing gear in:
    (i) The Northeastern United States closed area from June 1 through 
June 30 each calender year;
    (ii) In the Charleston Bump closed area from March 1 through April 
30, 2001, and from February 1 through April 30 each calender year 
thereafter;
    (iii) In the East Florida Coast closed area at any time beginning at 
12:01 a.m. on March 1, 2001;

[[Page 228]]

    (iv) In the DeSoto Canyon closed area at any time beginning at 12:01 
a.m. on November 1, 2000;
    (v) In the Northeast Distant closed area from July 15, 2001, through 
January 9, 2002.
    (d) Authorized gear--(1) Atlantic tunas. A person that retains or 
possesses an Atlantic bluefin tuna may not have on board a vessel or use 
on board the vessel any gear other than that authorized for the category 
for which the Atlantic tunas or HMS permit has been issued for such 
vessel. When fishing for Atlantic tunas other than BFT, fishing gear 
authorized for any Atlantic Tunas permit category may be used, except 
that purse seine gear may be used only on board vessels permitted in the 
Purse Seine category and pelagic longline gear may be used only on board 
vessels issued an Atlantic Tunas Longline category tuna permit as well 
as ILAPs or LAPs for both swordfish and sharks. When fishing for BFT, a 
person must use only the gear types authorized for the Atlantic tunas or 
HMS permit category of the fishing vessel:
    (i) Angling. Rod and reel (including downriggers) and handline.
    (ii) Charter/Headboat. Rod and reel (including downriggers), bandit 
gear, and handline.
    (iii) General. Rod and reel (including downriggers), handline, 
harpoon, and bandit gear.
    (iv) Harpoon. Harpoon.
    (v) Longline. Longline.
    (vi) Purse Seine. Purse seine.
    (A) Mesh size. A purse seine used in directed fishing for BFT must 
have a mesh size equal to or smaller than 4.5 inches (11.4 cm) in the 
main body (stretched when wet) and must have at least 24-count thread 
throughout the net.
    (B) Inspection of purse seine vessels. Persons that own or operate a 
purse seine vessel conducting a directed fishery for Atlantic tunas must 
have their fishing gear inspected for mesh size by an enforcement agent 
of NMFS prior to commencing fishing for the season in any fishery that 
may result in the harvest of Atlantic tunas. Such persons must request 
such inspection at least 24 hours before commencement of the first 
fishing trip of the season. If NMFS does not inspect the vessel within 
24 hours of such notification, the inspection requirement is waived. In 
addition, at least 24 hours before commencement of offloading any BFT 
after a fishing trip, such persons must request an inspection of the 
vessel and catch by notifying NMFS. If, after notification by the 
vessel, NMFS does not arrange to inspect the vessel and catch at 
offloading, the inspection requirement is waived.
    (vii) Trap. Pound net and fish weir.
    (2) Billfish. (i) Persons may possess a blue marlin or white marlin 
in or take a blue marlin or a white marlin from its management unit only 
if it is harvested by rod and reel. Regardless of how taken, persons may 
not possess a blue marlin or a white marlin in or take a blue marlin or 
a white marlin from its management unit on board a vessel using or 
having on board a pelagic longline.
    (ii) Persons may possess or take a sailfish shoreward of the outer 
boundary of the Atlantic EEZ only if it is harvested by rod and reel. 
Regardless of how taken, persons may not possess or take a sailfish 
shoreward of the outer boundary of the Atlantic EEZ on board a vessel 
using or having on board a pelagic longline.
    (3) Sharks. (i) No person may possess a shark in the EEZ if the 
shark was taken from its management unit by any gear other than 
handgear, longline or gillnet.
    (ii) No person may fish for sharks with a gillnet with a total 
length of 2.5 km or more. No person may have on board a vessel a gillnet 
with a total length of 2.5 km or more.
    (iii) Provisions on gear deployment for the southeast U.S. shark 
drift gillnet fishery to implement the Atlantic Large Whale Take 
Reduction Plan are set forth in Sec. 229.32(f) of this title.
    (iv) While fishing for Atlantic sharks with a gillnet, the gillnet 
must remain attached to the vessel at one end.
    (4) Swordfish. (i) No person may possess north Atlantic swordfish 
taken from its management unit by any gear other than handgear or 
longline, except that such swordfish taken incidentally while fishing 
with a squid trawl may be retained, subject to restrictions specified in 
Sec. 635.24(b)(2). No person may possess south Atlantic swordfish taken

[[Page 229]]

from its management unit by any gear other than longline.
    (ii) An Atlantic swordfish may not be retained or possessed on board 
a vessel with a gillnet. A swordfish will be deemed to have been 
harvested by gillnet when it is onboard, or offloaded from a vessel 
using or having on board a gillnet.
    (iii) A person aboard a vessel issued a directed handgear ILAP or 
LAP for Atlantic swordfish may not fish for swordfish with any gear 
other than handgear. A swordfish will be deemed to have been harvested 
by longline when it is on board, or offloaded from a vessel using or 
having on board longline gear.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 65 
FR 47238, Aug. 1, 2000; 66 FR 8904, Feb. 5, 2001; 66 FR 17372, Mar. 30, 
2001]

    Effective Date Note 1: At 66 FR 36714, July 13, 2001, Sec. 635.21 
was amended by suspending paragraph (c)(2) and adding paragraph (c)(6), 
effective July 15, 2001, through Jan. 9, 2002. Paragraph (c)(5)(iii) was 
added effective Aug. 1, 2001, through Jan. 9, 2002, and paragraph (a)(3) 
was added effective Sept. 15, 2001, through Jan. 9, 2002.

    Effective Date Note 2: At 66 FR 48813, Sept. 24, 2001, Sec. 635.21 
was amended by suspending paragraph (a)(3) and adding paragraph (a)(4), 
effective Sept. 15, 2001, through Jan. 9, 2002.



Sec. 635.22  Recreational retention limits.

    (a) General. Recreational retention limits apply to a longbill 
spearfish taken or possessed shoreward of the outer boundary of the 
Atlantic EEZ, to a shark taken from or possessed in the Atlantic EEZ, 
and to a yellowfin tuna taken from or possessed in the Atlantic Ocean. 
The operator of a vessel for which a retention limit applies is 
responsible for the vessel retention limit and the cumulative retention 
limit based on the number of persons aboard. Federal recreational 
retention limits may not be combined with any recreational retention 
limit applicable in state waters. The recreational retention limit for 
sharks applies to a person who fishes in any manner, except to a person 
aboard a vessel who has been issued a vessel permit under Sec. 635.4 for 
Atlantic sharks. The recreational retention limit for yellowfin tuna 
applies to a person who fishes in any manner, except to a person aboard 
a vessel who has been issued a vessel permit under Sec. 635.4 for 
Atlantic tunas in any category other than Angling or Charter/Headboat.
    (b) Billfish. No longbill spearfish from the management unit may be 
possessed shoreward of the outer boundary of the EEZ.
    (c) Sharks. One shark from either the large coastal, small coastal 
or pelagic group may be retained per vessel per trip, subject to the 
size limits described in Sec. 635.20(e), and, in addition, one Atlantic 
sharpnose shark may be retained per person per trip. Regardless of the 
length of a trip, no more than one Atlantic sharpnose shark per person 
may be possessed on board a vessel. No prohibited sharks listed in table 
1(d) of appendix A to this part may be retained.
    (d) Yellowfin tuna. Three yellowfin tunas per person per day may be 
retained. Regardless of the length of a trip, no more than three 
yellowfin tuna per person may be possessed on board a vessel.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 66 
FR 8904, Feb. 5, 2001]



Sec. 635.23  Retention limits for BFT.

    The retention limits in this section are subject to the quotas and 
closure provisions in Secs. 635.27 and 635.28.
    (a) General category. (1) No person aboard a vessel that has a 
General category Atlantic Tunas permit may possess, retain, land, or 
sell a BFT in the school, large school, or small medium size class.
    (2) On an RFD, no person aboard a vessel that has been issued a 
General category Atlantic Tunas permit may fish for, possess, retain, 
land, or sell a BFT of any size class, and tag-and-release fishing for 
BFT under Sec. 635.26 is not authorized from such vessel. On days other 
than RFDs, and when the General category is open, one large medium or 
giant BFT may be caught and landed from such vessel per day. NMFS will 
annually publish a schedule of RFDs in the Federal Register.
    (3) Regardless of the length of a trip, no more than a single day's 
retention limit of large medium or giant BFT may be possessed or 
retained aboard a

[[Page 230]]

vessel that has a General category Atlantic Tunas permit. On days other 
than RFDs, when the General category is open, no person aboard such 
vessel may continue to fish, and the vessel must immediately proceed to 
port once the applicable limit for large medium or giant BFT is 
retained.
    (4) To provide for maximum utilization of the quota for BFT, NMFS 
may increase or decrease the daily retention limit of large medium and 
giant BFT over a range from zero (on RFDs) to a maximum of three per 
vessel. Such increase or decrease will be based on a review of dealer 
reports, daily landing trends, availability of the species on the 
fishing grounds, and any other relevant factors. NMFS will adjust the 
daily retention limit specified in paragraph (a)(2) of this section by 
filing with the Office of the Federal Register for publication 
notification of the adjustment. Such adjustment will not be effective 
until at least 3 calendar days after notification is filed with the 
Office of the Federal Register for publication, except that previously 
designated RFDs may be waived effective upon closure of the General 
category fishery so that persons aboard vessels permitted in the General 
category may conduct tag-and-release fishing for BFT under Sec. 635.26.
    (b) Angling category. BFT may be retained and landed under the daily 
limits and quotas applicable to the Angling category by persons aboard 
vessels permitted in Atlantic tunas Angling category as follows:
    (1) Large medium and giant BFT. (i) No large medium or giant BFT may 
be retained, possessed, landed, or sold in the Gulf of Mexico, except 
one per vessel per year may be landed if caught incidentally to fishing 
for other species.
    (ii) One per vessel per year may be retained, possessed, and landed 
outside the Gulf of Mexico.
    (iii) When a large medium or giant BFT has been caught and retained 
under this paragraph (b)(1), no person aboard the vessel may continue to 
fish, the vessel must immediately proceed to port, and no such BFT may 
be sold or transferred to any person for a commercial purpose.
    (2) School, large school, or small medium BFT. One per vessel per 
day may be retained, possessed, or landed. Regardless of the length of a 
trip, no more than a single day's allowable catch of school, large 
school, or small medium BFT may be possessed or retained.
    (3) Changes to retention limits. To provide for maximum utilization 
of the quota for BFT spread over the longest period of time, NMFS may 
increase or decrease the retention limit for any size class BFT or 
change a vessel trip limit to an angler limit and vice versa. Such 
increase or decrease will be based on a review of daily landing trends, 
availability of the species on the fishing grounds, and any other 
relevant factors. NMFS will adjust the daily retention limit specified 
in paragraph (b)(2) of this section by filing with the Office of the 
Federal Register for publication notification of the adjustment. Such 
adjustment will not be effective until at least 3 calendar days after 
notification is filed with the Office of the Federal Register for 
publication.
    (c) HMS or Tunas Charter/Headboat. Persons aboard a vessels 
permitted in Atlantic HMS or Tunas Charter/Headboat category may retain 
and land BFT under the daily limits and quotas applicable to the Angling 
category or the General category as follows:
    (1) When fishing in the Gulf of Mexico, the restrictions applicable 
to the Angling category specified in paragraph (b)(1) of this section 
apply.
    (2) When fishing other than in the Gulf of Mexico when the fishery 
for the General category is closed, the restrictions applicable to the 
Angling category specified in paragraphs (b)(1) through (b)(3) of this 
section apply.
    (3) When fishing other than in the Gulf of Mexico and when the 
fishery under the General category has not been closed under 
Sec. 635.28, a person aboard a vessel that has an HMS or Atlantic Tunas 
Charter/Headboat permit may fish under either the retention limits 
applicable to the General category specified in paragraphs (a)(2) and 
(a)(3) of this section or the retention limits applicable to the Angling 
category specified in paragraphs (b)(2) and (b)(3) of this section. The 
size category of the first BFT retained will determine the fishing 
category applicable to the vessel that day.

[[Page 231]]

    (d) Harpoon category. Persons aboard a vessel permitted in the 
Atlantic Tunas Harpoon category may retain, possess, or land multiple 
giant BFTs per day. An incidental catch of only one large medium BFT per 
vessel per day may be retained, possessed, or landed.
    (e) Purse Seine category. Persons aboard a vessel permitted in the 
Atlantic Tunas Purse Seine category,
    (1) May retain, possess, land, or sell large medium BFT in amounts 
not exceeding 15 percent, by weight, of the giant BFT landed on that 
trip, provided that the total amount of large medium BFT landed by that 
vessel during the fishing year does not exceed 10 percent, by weight, of 
the total amount of giant BFT allocated to that vessel for that fishing 
year.
    (2) May retain, possess or land BFT smaller than the large medium 
size class that are taken incidentally when fishing for skipjack tuna or 
yellowfin tuna in an amount not exceeding 1 percent, by weight, of the 
skipjack tuna and yellowfin tuna landed on that trip. Landings of BFT 
smaller than the large medium size class may not be sold and are counted 
against the Purse Seine category BFT quota allocated to that vessel.
    (f) Longline category. Persons aboard a vessel permitted in the 
Atlantic Tunas Longline category may retain, possess, land, and sell 
large medium and giant BFT taken incidentally in fishing for other 
species. Limits on such retention/possession/landing/sale are as 
follows:
    (1) For landings south of 34 deg.00' N. lat., one large medium or 
giant BFT per vessel per trip may be landed, provided that, for the 
months of January through April, at least 1,500 lb (680 kg) and for the 
months of May through December, at least 3,500 lb (1,588 kg), either dw 
or round weight, of species other than BFT are legally caught, retained, 
and offloaded from the same trip and are recorded on the dealer weighout 
slip as sold.
    (2) For landings north of 34 deg.00' N. lat., landings per vessel 
per trip of large medium and giant BFT may not exceed 2 percent by 
weight, either dw or round weight, of all other fish which are legally 
caught, retained, and offloaded from the same trip and which are 
recorded on the dealer weighout slip as sold.
    (g) Trap category. Persons aboard a vessel permitted in the Atlantic 
Tunas Trap category may retain, possess, land, and sell each fishing 
year only one large medium or giant BFT that is taken incidentally while 
fishing for other species with a pound net or fish weir. No other 
Atlantic tunas caught in a pound net or fish weir may be retained.

[64 FR 29135, May 28, 1999, as amended at 65 FR 42887, July 12, 2000]



Sec. 635.24  Commercial retention limits for sharks and swordfish.

    The retention limits in this section are subject to the quotas and 
closure provisions in Secs. 635.27 and 635.28.
    (a) Sharks. (1) Persons who own or operate a vessel that has been 
issued a directed ILAP or LAP for shark may retain, possess or land no 
more than 4,000 lb (1,814 kg), dw, of LCS per trip.
    (2) Persons who own or operate a vessel that has been issued an 
incidental catch ILAP or LAP for sharks may retain, possess or land no 
more than 5 LCS and 16 SCS and pelagic sharks, combined, per trip.
    (b) Swordfish. (1) Persons aboard a vessel that has been issued an 
incidental ILAP or LAP for swordfish may retain, possess, or land no 
more than two swordfish per trip in or from the Atlantic Ocean north of 
5 deg. N. lat.
    (2) Persons aboard a vessel in the squid trawl fishery that has been 
issued an incidental ILAP or LAP for swordfish may retain, possess, or 
land no more than five swordfish per trip in or from the Atlantic Ocean 
north of 5 deg. N. lat. A vessel is considered to be in the squid trawl 
fishery when it has no commercial fishing gear other than trawls on 
board and when squid constitute not less than 75 percent by weight of 
the total fish on board or offloaded from the vessel.



Sec. 635.25   [Reserved]



Sec. 635.26  Catch and release.

    (a) BFT. (1) Notwithstanding the other provisions of this part, a 
person aboard a vessel issued a permit under this part, other than a 
person aboard a

[[Page 232]]

vessel permitted in the General category on a designated RFD, may fish 
with rod and reel or handline gear for BFT under a tag and release 
program, provided the person tags all BFT so caught, regardless of 
whether previously tagged, with conventional tags issued or approved by 
NMFS, returns such fish to the sea immediately after tagging with a 
minimum of injury, and reports the tagging and, if the BFT was 
previously tagged, the information on the previous tag. If NMFS-issued 
or NMFS-approved conventional tags are not on board a vessel, all 
persons aboard that vessel are ineligible to fish under the tag-and-
release program.
    (2) Persons may obtain NMFS-issued conventional tags, reporting 
cards, and detailed instructions for their use from the NMFS Cooperative 
Tagging Center. Persons may use a conventional tag obtained from a 
source other than NMFS to tag BFT, provided the use of such tags is 
registered each year with the Cooperative Tagging Center and the NMFS 
program manager has approved the use of a conventional tag from that 
source. An angler using an alternative source of tags wishing to tag BFT 
may contact the NMFS Cooperative Tagging Center at the Southeast Fishery 
Science Center.
    (3) An angler registering for the HMS tagging program is required to 
provide his or her name, address, phone number and, if applicable, the 
identity of the alternate source of tags.
    (b) Billfish. NMFS is encouraging further catch and release of 
Atlantic billfish by establishing a recreational catch-and-release 
fishery management program, consistent with the guidance of 
Sec. 600.350(c).
    (c) Sharks. Notwithstanding the other provisions of this part, a 
person may fish for white sharks (Carcharodon carcharias) with rod and 
reel, provided the person releases such fish to the sea immediately with 
a minimum of injury, and that such fish may not be removed from the 
water.

[64 FR 29135, May 28, 1999, as amended at 65 FR 42887, July 12, 2000]



Sec. 635.27  Quotas.

    (a) BFT. Consistent with ICCAT recommendations, NMFS will subtract 
any allowance for dead discards from the fishing year's total U.S. quota 
for BFT that can be caught and allocate the remainder to be retained, 
possessed, or landed by persons and vessels subject to U.S. 
jurisdiction. The total landing quota will be divided among the General, 
Angling, Harpoon, Purse Seine, Longline, and Trap categories. Consistent 
with these allocations and other applicable restrictions of this part, 
BFT may be taken by persons aboard vessels issued Atlantic Tunas permits 
or HMS Charter/Headboat permits. Allocations of the BFT landings quota 
will be made according to the following percentages: General - 47.1 
percent; Angling - 19.7 percent, which includes the school BFT held in 
reserve as described under paragraph (a)(7)(ii) of this section; Harpoon 
- 3.9 percent; Purse Seine - 18.6 percent; Longline - 8.1 percent; and 
Trap - 0.1 percent. The remaining 2.5 percent of the BFT landings quota 
will be held in reserve for inseason adjustments, to compensate for 
overharvest in any category other than the Angling category school BFT 
subquota or for fishery independent research. NMFS may apportion a 
landings quota allocated to any category to specified fishing periods or 
to geographic areas. BFT landings quotas are specified in whole weight.
    (1) General category landings quota. Prior to each fishing year, 
NMFS will set the General category effort control schedule, including 
time-period subquotas and restricted-fishing days, through proposed and 
final specifications published in the Federal Register.
    (i) Catches from vessels for which General category Atlantic Tunas 
permits have been issued and certain catches from vessels for which an 
HMS or Atlantic tunas Charter/Headboat permit has been issued are 
counted against the General category landings quota. See 
Sec. 635.23(c)(3) regarding landings by vessels with an HMS or Atlantic 
tunas Charter/Headboat permit that are counted against the General 
category landings quota. The total amount of large medium and giant BFT 
that may be caught, retained, possessed, landed, or sold under the 
General category landings quota is 47.1 percent of the overall U.S. BFT 
landings quota, less 10 mt which is set aside for

[[Page 233]]

an area comprising the waters south and west of a straight line 
originating at a point on the southern shore of Long Island at 72 deg. 
27' W. long (Shinnecock Inlet) and running SSE 150 deg. true, and north 
of 38 deg.47' N. lat. as specified in Sec. 635.27(a)(1)(iii). This 47.1 
percent, less the 10 mt set aside as specified in 
Sec. 635.27(a)(1)(iii), is apportioned as follows:
    (A) June 1 through August 31--60 percent;
    (B) September 1 through September 30--30 percent; and
    (C) October 1 through December 31--10 percent.
    (ii) NMFS will adjust each period's apportionment based on 
overharvest or underharvest in the prior period.
    (iii) When the coastwide General category fishery has been closed in 
any quota period under Sec. 637.28(a)(1), NMFS may publish notification 
in the Federal Register to make available all or part of the 10 mt 
landings quota set aside for an area comprising the waters south and 
west of a straight line originating at a point on the southern shore of 
Long Island at 72 deg.27' W. long. (Shinnecock Inlet) and running SSE 
150 true, and north of 38 deg.47' N. lat. The daily catch limit for the 
set-aside area will be one large medium or giant BFT per vessel per day. 
Upon the effective date of the set-aside fishery, fishing for, 
retaining, or landing large medium or giant BFT is authorized only 
within the set-aside area. Any portion of the set-aside amount not 
harvested prior to the reopening of the coastwide General category 
fishery in the subsequent quota period established under paragraph 
(a)(1)(i) of this section may be carried over for the purpose of 
renewing the set-aside fishery at a later date.
    (2) Angling category landings quota. The total amount of BFT that 
may be caught, retained, possessed, and landed by anglers aboard vessels 
for which an Angling category Atlantic Tunas permit or an HMS or 
Atlantic Tunas Charter/Headboat permit has been issued is 19.7 percent 
of the overall annual U.S. BFT landings quota. No more than 2.3 percent 
of the annual Angling category landings quota may be large medium or 
giant BFT and, over each 4-consecutive-year period, no more than 8 
percent of the overall U.S. BFT landings quota may be school BFT. The 
Angling category landings quota includes the amount of school BFT held 
in reserve as specified under paragraph (a)(7)(ii) of this section. The 
size class subquotas for BFT are further subdivided as follows:
    (i) Under paragraph (a)(7)(ii) of this section, 52.8 percent of the 
school BFT Angling category landings quota, after adjustment for the 
school BFT quota held in reserve, may be caught, retained, possessed, or 
landed south of 39 deg.18' N. lat., with the remaining quota being 
available to the fisheries north of the dividing line.
    (ii) An amount equal to 52.8 percent of the large school/small 
medium BFT Angling category quota may be caught, retained, possessed, or 
landed south of 39 deg.18' N. lat., with the remaining quota being 
available to the fisheries north of the dividing line.
    (iii) An amount equal to 66.7 percent of the large medium and giant 
BFT Angling category quota may be caught, retained, possessed, or landed 
south of 39 deg.18' N. lat., with the remaining quota being available to 
the fisheries north of the dividing line.
    (3) Longline category quota. The total amount of large medium and 
giant BFT that may be caught incidentally and retained, possessed, or 
landed by vessels for which Longline category Atlantic tunas permits 
have been issued is 8.1 percent of the overall U.S. BFT quota. No more 
than 78.9 percent of the Longline category quota may be caught, 
retained, possessed, or landed in the area south of 34 deg.00' N. lat.
    (4) Purse Seine category quota. (i) The total amount of large medium 
and giant BFT that may be caught, retained, possessed, or landed by 
vessels for which Purse Seine category Atlantic Tunas permits have been 
issued is 18.6 percent of the overall U.S. BFT landings quota. The 
directed purse seine fishery for BFT commences on August 15 each year.
    (ii) An owner of a vessel for which a Purse Seine category Atlantic 
Tunas permit has been issued must apply in writing to NMFS at an address 
designated by NMFS, for an allocation of BFT from the Purse Seine 
category

[[Page 234]]

quota. The application must be postmarked no later than April 15 for an 
allocation of the quota that becomes available on June 1.
    (iii) On or about May 1, NMFS will make equal allocations of the 
available size classes of BFT among purse seine vessel permit holders so 
requesting, adjusted as necessary to account for underharvest or 
overharvest by each participating vessel or the vessel it replaces from 
the previous fishing year, consistent with paragraph (a)(9)(i) of this 
section. Such allocations are freely transferable, in whole or in part, 
among vessels that have Purse Seine category Atlantic Tunas permits. Any 
purse seine vessel permit holder intending to land bluefin tuna under an 
allocation transferred from another purse seine vessel permit holder 
must provide written notice of such intent to NMFS, at an address 
designated by NMFS, 3 days before landing any such bluefin tuna. Such 
notification must include the transfer date, amount (mt) transferred, 
and the permit numbers of vessels involved in the transfer. Trip or 
seasonal catch limits otherwise applicable under Sec. 635.23(e) are not 
altered by transfers of bluefin tuna allocation. Purse seine vessel 
permit holders who, through landing and/or transfer, have no remaining 
bluefin tuna allocation may not use their permitted vessels in any 
fishery in which Atlantic bluefin tuna might be caught, regardless of 
whether retained.
    (iv) An owner of a vessel for which a Purse Seine category Atlantic 
Tunas permit has been issued may apply to NMFS to permanently 
consolidate Purse Seine category vessel permits issued under Sec. 635.4. 
Upon written approval of consolidation by NMFS, the Purse Seine Category 
Atlantic Tunas Permit of a transferring vessel will be canceled, and the 
receiving owner may apply for allocations of BFT commensurate with the 
number of consolidated permits. An owner of a purse seine vessel whose 
permit is canceled through consolidation may not use his or her vessel 
in any purse seine fishery in which BFT might be caught.
    (5) Harpoon category quota. The total amount of large medium and 
giant BFT that may be caught, retained, possessed, landed, or sold by 
vessels for which Harpoon category Atlantic Tunas permits have been 
issued is 3.9 percent of the overall U.S. BFT quota.
    (6) Trap category quota. The total amount of large medium and giant 
BFT that may be caught, retained, possessed, or landed by vessels for 
which Trap category Atlantic Tunas permits have been issued is 0.1 
percent of the overall U.S. BFT quota.
    (7) Reserve. (i) The total amount of BFT that is held in reserve for 
inseason adjustments and fishery-independent research using quotas or 
subquotas other than the Angling category school BFT subquota, is 2.5 
percent of the overall U.S. BFT quota. Consistent with paragraph 
(a)(7)(iii) of this section, NMFS may allocate any portion of this 
reserve for inseason adjustments to any category quota in the fishery, 
other than the Angling category school BFT subquota.
    (ii) The total amount of school BFT that is held in reserve for 
inseason adjustments and fishery independent research is 18.5 percent of 
the total school BFT quota for the Angling category as described under 
paragraph (a)(2) of this section, which is in addition to the amounts 
specified in paragraph (a)(7)(i) of this section. Consistent with 
paragraph (a)(7)(iii) of this section, NMFS may allocate any portion of 
the school BFT held in reserve for inseason adjustments to the Angling 
category.
    (iii) NMFS will file with the Office of the Federal Register for 
publication notification of any inseason adjustment. Before making any 
such adjustment, NMFS will consider the following factors:
    (A) The usefulness of information obtained from catches in the 
particular category for biological sampling and monitoring of the status 
of the stock.
    (B) The catches of the particular category quota to date and the 
likelihood of closure of that segment of the fishery if no allocation is 
made.
    (C) The projected ability of the vessels fishing under the 
particular category quota to harvest the additional amount of BFT before 
the end of the fishing year.
    (D) The estimated amounts by which quotas for other gear categories 
of the fishery might be exceeded.

[[Page 235]]

    (E) Effects of the transfer on BFT rebuilding and overfishing.
    (F) Effects of the transfer on accomplishing the objectives of the 
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks.
    (8) Inseason adjustments. Within a fishing year, NMFS may transfer 
quotas among categories or, as appropriate, subcategories. If it is 
determined, based on the factors in paragraphs (a)(7)(iii)(A) through 
(a)(7)(iii)(F) of this section and the probability of exceeding the 
total quota, that vessels fishing under any category or subcategory 
quota are not likely to take that quota, NMFS may transfer inseason any 
portion of the remaining quota of that fishing category to any other 
fishing category or to the reserve as specified in paragraphs (a)(7)(i) 
and (a)(7)(ii) of this section. NMFS will file with the Office of the 
Federal Register for publication notification of any inseason 
adjustment.
    (9) Annual adjustments. (i) If NMFS determines, based on landings 
statistics and other available information, that a BFT quota in any 
category or, as appropriate, subcategory has been exceeded or has not 
been reached, with the exception of the Purse Seine category, NMFS shall 
subtract the overharvest from, or add the underharvest to, that quota 
category for the following fishing year, provided that the total of the 
adjusted category quotas and the Reserve is consistent with a 
recommendation of ICCAT regarding country quotas, the take of school 
BFT, and the allowance for dead discards. For the Purse Seine category, 
if NMFS determines, based on landings statistics and other available 
information, that a purse seine vessel's allocation, as adjusted, has 
been exceeded or has not been reached, NMFS shall subtract the 
overharvest from, or add the underharvest to, that vessel's allocation 
for the following fishing year.
    (ii) NMFS may allocate any quota remaining in the reserve at the end 
of a fishing year to account for overharvest in any fishing category, 
provided such allocation is consistent with the criteria specified in 
paragraph (a)(7)(iii) of this section.
    (iii) Regardless of the estimated landings in any year, NMFS may 
adjust the annual school BFT quota to ensure that the average take of 
school BFT over each 4-consecutive-year period beginning in the 1999 
fishing year does not exceed 8 percent by weight of the total U.S. BFT 
quota for that period.
    (iv) If NMFS determines that the annual dead discard allowance has 
been exceeded in one fishing year, NMFS shall subtract the amount in 
excess of the allowance from the amount of BFT that can be landed in the 
subsequent fishing year by those categories accounting for the dead 
discards. If NMFS determines that the annual dead discard allowance has 
not been reached, NMFS may add one-half of the remainder to the amount 
of BFT that can be landed in the subsequent fishing year. Such amount 
may be allocated to individual fishing categories or to the Reserve.
    (v) NMFS will file with the Office of the Federal Register for 
publication notification of the amount subtracted or added and the basis 
for the quota reductions or increases made pursuant to paragraphs 
(a)(9)(i) through (a)(9)(iv) of this section.
    (b) Sharks--(1) Commercial quotas. The commercial quotas for shark 
specified in paragraphs (b)(1)(i) through (b)(1)(iv) of this section 
apply to sharks harvested from the management unit, regardless of where 
harvested. Commercial quotas are specified for each of the management 
groups of large coastal sharks, small coastal sharks, and pelagic 
sharks.
    (i) Large coastal sharks. The annual commercial quota for large 
coastal sharks is 816 mt dw, apportioned between ridgeback and non-
ridgeback shark and divided between two equal semiannual fishing 
seasons, January 1 through June 30, and July 1 through December 31. The 
length of each season will be determined based on the projected catch 
rates, available quota, and other relevant factors. NMFS will file with 
the Office of the Federal Register for publication notification of each 
season's length at least 30 days prior to the beginning of the season. 
The quotas for each fishing season (unless otherwise specified in the 
Federal Register as provided in paragraph (b)(1)(iv) of this section are 
as follows:

[[Page 236]]

    (A) Ridgeback shark--310 mt dw.
    (B) Non-ridgeback shark-98 mt dw.
    (ii) Small coastal sharks. The annual commercial quota for small 
coastal shark is 359 mt dw, (unless otherwise specified in the Federal 
Register as provided in paragraph (b)(1)(iv) of this section) divided 
between two equal semiannual seasons, January 1 through June 30, and 
July 1 through December 31. The quota for each semiannual season is 
179.5 mt, dw.
    (iii) Pelagic sharks. The annual commercial quotas for pelagic 
sharks are 92 mt dw for porbeagle sharks, 273 mt dw for blue sharks, and 
488 mt dw for pelagic sharks other than porbeagle or blue sharks (unless 
otherwise specified in the Federal Register as provided in paragraph 
(b)(1)(iv) of this section). These quotas are divided between two 
semiannual periods, January 1 through June 30, and July 1 through 
December 31. The quotas for each semiannual period are as follows:
    (A) Porbeagle shark-46 mt dw.
    (B) Blue sharks-136.5 mt dw.
    (C) Pelagic sharks, other than porbeagle or blue sharks-244 mt dw.
    (iv) Annual adjustments. (A) NMFS will adjust the next year's 
semiannual quotas for large coastal, small coastal, and pelagic sharks 
to reflect actual landings during any semiannual period. For example, a 
commercial quota underage or overage in the season that begins January 1 
will result in an equivalent increase or decrease in the following 
year's quota for the season that begins January 1, provided that the 
annual quotas are not exceeded. NMFS will file with the Office of the 
Federal Register for publication notification of any adjustment at least 
30 days prior to the start of the next fishing season.
    (B) NMFS will reduce the annual commercial quota for pelagic sharks 
by the amount that the blue shark quota is exceeded at least 30 days 
prior to the start of the next fishing season.
    (C) Sharks discarded dead are counted against the applicable 
directed fishery quota. Sharks taken and landed from state waters are 
counted against the applicable directed fishery quota.
    (2) Public display quota. The annual quota for persons who collect 
sharks from any of the management groups under an EFP is 60 mt whole 
weight (43 mt dw). All sharks collected under the authority of an EFP, 
subject to restrictions at Sec. 635.32, will be counted against this 
quota.
    (c) Swordfish. (1) Consistent with ICCAT recommendations, the 
fishing year's total amount of swordfish that may be caught, retained, 
possessed, or landed by persons and vessels subject to U.S. jurisdiction 
is divided into quotas for the North Atlantic swordfish stock and the 
South Atlantic swordfish stock. The quota for the North Atlantic 
swordfish stock is further divided into semi-annual directed fishery 
quotas and an incidental catch quota for fishermen targeting other 
species. A swordfish from the North Atlantic swordfish stock caught 
prior to the directed fishery closure by a vessel for which a directed 
fishery permit or a handgear permit for swordfish has been issued is 
counted against the directed fishery quota. A swordfish from the North 
Atlantic swordfish stock landed by a vessel for which an incidental 
catch permit for swordfish has been issued, landed consequent to 
recreational fishing, or caught after the effective date of a closure of 
the directed fishery from a vessel for which a directed fishery permit 
or a handgear permit for swordfish has been issued is counted against 
the incidental catch quota. The entire quota for the South Atlantic 
swordfish stock is reserved for longline vessels for which a directed 
fishery permit for swordfish has been issued; retention of swordfish 
caught incidental to other fishing activities is prohibited in the 
Atlantic Ocean south of 5 deg. N. lat.
    (i) North Atlantic swordfish stock. (A) The directed fishery quota 
for the North Atlantic swordfish stock is 1,919 mt dw for each fishing 
year beginning June 1, 2000. The annual directed fishery quota is 
subdivided into two equal semiannual quotas of 959.5 mt dw, one for June 
1 through November 30, and the other for December 1 through May 31 of 
the following year.
    (B) The annual incidental catch quota for the North Atlantic 
swordfish stock is 300 mt dw.
    (C) The dead discard allowance for the North Atlantic swordfish 
stock is:

[[Page 237]]

320 mt ww for the fishing year beginning June 1, 2000; 240 mt ww for the 
fishing year beginning June 1, 2001; and 160 mt ww for the fishing year 
beginning May 1, 2001. All swordfish discarded dead from U.S. fishing 
vessels, regardless of whether discarded from vessels permitted under 
this part, shall be counted against the allowance.
    (ii) South Atlantic swordfish stock. The annual directed fishery 
quota for the South Atlantic swordfish stock is 289 mt dw. Incidental 
harvest of swordfish is prohibited in the Atlantic Ocean south of 5 deg. 
N. lat.
    (2) Inseason adjustments. (i) NMFS may adjust the December 1 through 
May 31 semiannual directed fishery quota to reflect actual catches 
during the June 1 through November 30 semiannual period, provided that 
the fishing year's directed fishery quota is not exceeded.
    (ii) 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 quota.
    (iii) If NMFS determines that it is necessary to close the directed 
swordfish fishery prior to the scheduled end of a semi-annual fishing 
season, any estimated overharvest or underharvest of the directed 
fishery quota for that semi-annual season will be used to adjust the 
annual incidental catch quota accordingly.
    (iv) NMFS will file with the Office of the Federal Register for 
publication notification of any inseason swordfish quota adjustment and 
its apportionment made under this paragraph (c)(2) of this section.
    (3) Annual adjustments. (i) Except for the carryover provisions of 
paragraphs (c)(3)(ii) and (iii) of this section, NMFS will file with the 
Office of the Federal Register for publication notification of any 
adjustment to the annual quota necessary to meet the objectives of the 
Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks. NMFS 
will provide at least 30 days opportunity for public comment.
    (ii) If consistent with applicable ICCAT recommendations, total 
landings above or below the specific North Atlantic or South Atlantic 
swordfish annual quota shall be subtracted from, or added to, the 
following year's quota for that area. Any adjustments to the 12-month 
directed fishery quota will be apportioned equally between the two 
semiannual fishing seasons. NMFS will file with the Office of the 
Federal Register for publication notification of any adjustment or 
apportionment made under this paragraph (c)(3)(ii).
    (iii) The dressed weight equivalent of the amount by which dead 
discards exceed the allowance specified at paragraph (c)(1)(i)(C) of 
this section shall be subtracted from the landings quota in the 
following fishing year. NMFS will file with the Office of the Federal 
Register for publication notification of any adjustment made under this 
paragraph (c)(3)(iii).

[64 FR 29135, May 28, 1999, as amended at 64 FR 58796, Nov. 1, 1999; 65 
FR 42887, July 12, 2000; 65 FR 77526, Dec. 12, 2000; 66 FR 8904, Feb. 5, 
2001; 66 FR 42805, Aug. 15, 2001]



Sec. 635.28  Closures.

    (a) BFT. (1) When a BFT quota, other than the Purse Seine category 
quota specified in Sec. 635.27(a)(4), is reached, or is projected to be 
reached, NMFS will file with the Office of the Federal Register for 
publication notification of closure. On and after the effective date and 
time of such notification, for the remainder of the fishing year or for 
a specified period as indicated in the notice, fishing for, retaining, 
possessing, or landing BFT under that quota is prohibited until the 
opening of the subsequent quota period or until such date as specified 
in the notice.
    (2) From August 15 through December 31, the owner or operator of a 
vessel that has been allocated a portion of the Purse Seine category 
quota under Sec. 635.27(a)(4) may fish for BFT. Such vessel may be used 
to fish for yellowfin, bigeye, albacore, or skipjack tuna at any time, 
however, landings of BFT taken incidental to fisheries targeting other 
Atlantic tunas or in any fishery in which BFT might be caught will be 
deducted from the individual vessel's quota for the following BFT 
fishing season (i.e., August 15 through December 31). Upon reaching its 
individual vessel allocation of BFT, the vessel may not participate in a 
directed purse seine fishery for Atlantic tunas or in any fishery in 
which BFT

[[Page 238]]

might be caught for the remainder of the fishing year.
    (3) If NMFS determines that variations in seasonal distribution, 
abundance, or migration patterns of BFT, or the catch rate in one area, 
precludes anglers in another area from a reasonable opportunity to 
harvest a portion of the Angling category quota, NMFS may close all or 
part of the fishery under that category and may reopen it at a later 
date if NMFS determines that BFT have migrated into the other area. In 
determining the need for any such interim closure or area closure, NMFS 
will consider:
    (i) The usefulness of information obtained from catches of a 
particular geographic area of the fishery for biological sampling and 
for monitoring the status of the stock;
    (ii) The current year catches from the particular geographic area 
relative to the catches recorded for that area during the preceding 4 
years;
    (iii) The catches from the particular geographic area to date 
relative to the entire category and the likelihood of closure of that 
entire category of the fishery if no interim closure or area closure is 
effected; and
    (iv) The projected ability of the entire category to harvest the 
remaining amount of BFT before the anticipated end of the fishing 
season.
    (b) Sharks. (1) The commercial fishery for large coastal sharks will 
remain open for fixed semiannual fishing seasons, as specified at 
Sec. 635.27(b)(1)(i). From the effective date and time of a season 
closure until additional quota becomes available, the fishery for large 
coastal sharks is closed, and sharks of that species group may not be 
retained on board a fishing vessel issued a commercial permit pursuant 
to Sec. 635.4.
    (2) When a semiannual quota for small coastal sharks or pelagic 
sharks specified in Sec. 635.27(b)(1)(ii) and (b)(1)(iii) is reached, or 
is projected to be reached, NMFS will file with the Office of the 
Federal Register for publication a notice of closure at least 14 days 
before the effective date. From the effective date and time of the 
closure until additional quota becomes available, the fishery for the 
appropriate shark species group is closed, and sharks of that species 
group may not be retained on board a fishing vessel issued a commercial 
permit pursuant to Sec. 635.4.
    (3) When the fishery for a shark species group is closed, a fishing 
vessel issued a shark ILAP or LAP pursuant to Sec. 635.4 may not possess 
or sell a shark of that species group, and a permitted shark dealer may 
not purchase or receive a shark of that species group from a vessel 
issued a shark ILAP or LAP, except that a permitted shark dealer or 
processor may possess sharks that were harvested, off-loaded, and sold, 
traded, or bartered, prior to the effective date of the closure and were 
held in storage.
    (c) Swordfish--(1) Directed fishery closure. When the annual or 
semiannual directed fishery quota specified in Sec. 635.27(c)(1)(i) or 
(ii) is reached, or is projected to be reached, NMFS will file with the 
Office of the Federal Register for publication notification of closure 
at least 14 days before the effective date. From the effective date and 
time of the closure until additional directed fishery quota becomes 
available, the directed fishery for the appropriate stock is closed and 
the following catch limits apply:
    (i) When the directed fishery for the North Atlantic swordfish stock 
is closed,
    (A) No more than 15 swordfish per trip may be possessed in or from 
the Atlantic Ocean north of 5 deg. N. lat. or landed in an Atlantic 
coastal state on a vessel using or having on board a longline. However, 
legally taken swordfish from the South Atlantic swordfish stock may be 
possessed in the Atlantic Ocean north of 5 deg. N. lat. or landed in an 
Atlantic coastal state on a vessel with a longline provided the 
harvesting vessel does no fishing on that trip in the Atlantic Ocean 
north of 5 deg. N. lat. and reports positions with a vessel monitoring 
system, as specified in Sec. 635.69. NMFS may adjust the incidental 
catch retention limit by filing with the Office of the Federal Register 
for publication notification of the change at least 14 days before the 
effective date. Changes in the incidental catch limits will be based 
upon the length of the directed fishery closure and the estimated rate 
of catch by vessels fishing under the incidental catch quota.

[[Page 239]]

    (B) No more than 2 swordfish per trip may be possessed in or from 
the Atlantic Ocean north of 5 deg. N. lat. or landed in an Atlantic 
coastal state on a vessel that has been issued a handgear permit under 
Sec. 635.4(f)(1) provided that such swordfish were not taken with a 
harpoon.
    (ii) When the directed fishery for the South Atlantic swordfish 
stock is closed, swordfish from that stock taken incidental to fishing 
for other species may not be retained.
    (2) Incidental catch closure. When the annual incidental catch quota 
specified in Sec. 635.27(c)(1)(i) is reached, or is projected to be 
reached, NMFS will file with the Office of the Federal Register for 
publication notification of closure. From the effective date and time of 
such notification until an additional incidental catch quota becomes 
available, no swordfish may be possessed in or from the Atlantic Ocean 
north of 5 deg. N. lat. or landed in an Atlantic coastal state, and a 
swordfish in or from the Atlantic Ocean north of 5 deg. N. lat. may not 
be sold. However, legally taken swordfish from the South Atlantic 
swordfish stock may be possessed in the Atlantic Ocean north of 5 deg. 
N. lat. or landed in an Atlantic coastal state on a vessel with a 
longline, provided the harvesting vessel does not fish on that trip in 
the Atlantic Ocean north of 5 deg. N. lat. and reports positions with a 
vessel monitoring system, as specified in Sec. 635.69.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999]



Sec. 635.29  Transfer at sea.

    (a) Persons may not transfer an Atlantic tuna, blue marlin, white 
marlin, or swordfish at sea in the Atlantic Ocean, regardless of where 
the fish was harvested. However, an owner or operator of a vessel for 
which a Purse Seine category Atlantic Tunas permit has been issued under 
Sec. 635.4 may transfer large medium and giant BFT at sea from the net 
of the catching vessel to another vessel for which a Purse Seine 
category Atlantic Tunas permit has been issued, provided the amount 
transferred does not cause the receiving vessel to exceed its currently 
authorized vessel allocation, including incidental catch limits.
    (b) Persons may not transfer a shark or a sailfish at sea shoreward 
of the outer boundary of the EEZ, regardless of where the shark was 
harvested, and persons may not transfer at sea a shark or a sailfish 
taken shoreward of the outer boundary of the EEZ, regardless of where 
the transfer takes place.



Sec. 635.30  Possession at sea and landing.

    (a) Atlantic tunas. Persons that own or operate a fishing vessel 
that possesses an Atlantic tuna in the Atlantic Ocean or that lands an 
Atlantic tuna in an Atlantic coastal port must maintain such Atlantic 
tuna through offloading either in round form or eviscerated with the 
head and fins removed, provided one pectoral fin and the tail remain 
attached.
    (b) Billfish. Any person that possesses a blue marlin or a white 
marlin taken from its management unit or a sailfish taken shoreward of 
the outer boundary of the EEZ or lands a blue marlin or a white marlin 
in an Atlantic coastal port must maintain such billfish with its head, 
fins, and bill intact through offloading. Persons may eviscerate such 
billfish, but it must otherwise be maintained whole.
    (c) Shark. (1) No person shall fin any shark, i.e., remove only the 
fins and return the remainder of the shark to the sea, shoreward of the 
outer boundary of the EEZ and on board a vessel for which a commercial 
vessel permit for shark has been issued. No person shall possess a shark 
fin on board a fishing vessel after the vessel's first point of landing. 
No person shall possess or offload wet shark fins in a quantity that 
exceeds 5 percent of the weight of the shark carcasses. The prohibition 
on finning applies to all species of sharks in the management unit. For 
a list of species in the management unit, refer to tables 1 and 2 of 
appendix A to this part.
    (2) Persons that own or operate a vessel that has been issued a 
commercial permit for shark may not fillet a shark at sea. Persons may 
eviscerate and remove the head and fins, but must retain the fins with 
the dressed carcasses. While on board and when offloaded, the wet shark 
fins may not exceed 5 percent of the weight of the shark carcasses.

[[Page 240]]

    (3) Persons that own or operate a vessel that has been issued a 
commercial permit that lands shark in an Atlantic coastal port must have 
all fins weighed in conjunction with the weighing of the carcasses at 
the vessel's first point of landing. Such weights must be recorded on 
the weighout slips specified in Sec. 635.5(a)(2). Persons may not 
possess a shark fin on board a fishing vessel after the vessel's first 
point of landing. The wet fins may not exceed 5 percent of the weight of 
the carcasses.
    (4) Persons aboard a vessel that does not have a commercial permit 
for shark must maintain a shark in or from the EEZ intact through 
landing--the head, tail, or fins may not be removed. The shark may be 
bled.
    (d) Swordfish. Persons that own or operate a fishing vessel that 
possesses a swordfish in the Atlantic Ocean or lands a swordfish in an 
Atlantic coastal port must maintain such swordfish in round or dressed 
form through off-loading.



Sec. 635.31  Restrictions on sale and purchase.

    (a) Atlantic tunas. (1) Persons that own or operate a vessel that 
possesses an Atlantic tuna may sell such Atlantic tuna only if that 
vessel has a valid HMS or Atlantic Tunas Charter/Headboat permit, or a 
General, Harpoon, Longline, Purse Seine, or Trap category permit for 
Atlantic tunas issued under this part. Persons may not sell a BFT 
smaller than the large medium size class. However, a large medium or 
giant BFT taken by a person on a vessel with an HMS or Atlantic Tunas 
Charter/Headboat permit fishing in the Gulf of Mexico at any time, or 
fishing outside the Gulf of Mexico when the fishery under the General 
category has been closed, may not be sold (see Sec. 635.23(c)). Persons 
may sell Atlantic tunas only to a dealer that has a valid permit for 
purchasing Atlantic tunas issued under this part.
    (2) Dealers may purchase Atlantic tunas only from a vessel that has 
a valid commercial permit for Atlantic tunas issued under this part in 
the appropriate category.
    (3) Dealers or seafood processors may not purchase or sell a BFT 
smaller than the large medium size class unless it is lawfully imported 
and is accompanied by a BSD, as specified in Sec. 635.42(a).
    (4) A BFT in the possession of a dealer or seafood processor is 
deemed to be from the Atlantic Ocean. However, a BFT will not be deemed 
to be from the Atlantic Ocean if--
    (i) It was landed in a Pacific state and remains in the state of 
landing, or
    (ii) It is accompanied by a BSD, as specified in Sec. 635.42(a).
    (b) Billfish. (1) Persons may not sell or purchase a billfish taken 
from its management unit.
    (2) A billfish or a closely related species, namely, black marlin, 
Makaira indica, striped marlin, Tetrapturus audax, or shortbill 
spearfish, Tetrapturus angustirostris, or a part thereof, in the 
possession of a dealer or seafood processor is considered, for purposes 
of this part, to be a billfish from the Atlantic Ocean management unit. 
However, a billfish or a closely related species will not be considered 
to be from the Atlantic Ocean management unit if-
    (i) It was landed in a Pacific state and remains in the state of 
landing, or
    (ii) It is accompanied by a Billfish Certificate of Eligibility that 
documents that it was harvested from other than the Atlantic Ocean 
management unit.
    (c) Shark. (1) Persons that own or operate a vessel that possesses a 
shark from the management unit may sell such shark only if the vessel 
has a valid commercial permit for shark issued under this part. Persons 
may possess and sell a shark only when the fishery for that species 
group has not been closed, as specified in Sec. 635.28(b)(3).
    (2) Persons that own or operate a vessel for which a valid 
commercial shark permit has been issued and on which a shark from the 
management unit is possessed, may sell such shark only to a dealer that 
has a valid permit for shark issued under this part.
    (3) Persons that own or operate a vessel for which a valid 
commercial shark permit has been issued may not sell fins from a shark 
harvested from the management unit, or harvested in the Atlantic Ocean 
by a vessel for which a commercial permit for shark has been

[[Page 241]]

issued, that are disproportionate to the weight of shark carcasses 
landed (the wet fins may not exceed 5 percent of the weight of the 
carcasses).
    (4) Only dealers that have a valid permit for shark may purchase a 
shark from the owner or operator of a fishing vessel. Dealers may 
purchase a shark only from an owner or operator of a vessel who has a 
valid commercial permit for shark issued under this part, except that 
dealers may purchase a shark from an owner or operator of a vessel that 
does not have a commercial permit for shark if that vessel fishes 
exclusively in state waters. Dealers may purchase a shark from an owner 
or operator of fishing vessel that has a permit issued under this part 
only when the fishery for that species group has not been closed, as 
specified in Sec. 635.28(b)(3).
    (5) Dealers may not purchase from an owner or operator of a fishing 
vessel shark fins that are disproportionate to the weight of shark 
carcasses landed (the wet fins may not exceed 5 percent of the weight of 
the carcasses).
    (d) Swordfish. (1) Persons that own or operate a vessel on which a 
swordfish in or from the Atlantic Ocean is possessed may sell such 
swordfish only if the vessel has a valid commercial permit for swordfish 
issued under this part. Persons may sell such swordfish only to a dealer 
who has a valid permit for swordfish issued under this part.
    (2) Dealers may purchase a swordfish harvested from the Atlantic 
Ocean only from an owner or operator of a fishing vessel that has a 
valid commercial permit for swordfish issued under this part.



Sec. 635.32  Specifically authorized activities.

    (a) General. Consistent with the provisions of Sec. 600.745 of this 
chapter, except as indicated in this section, NMFS may authorize for the 
conduct of scientific research or the acquisition of information and 
data, for the enhancement of safety at sea, for the purpose of 
collecting animals for public education or display, or for investigating 
the reduction of bycatch, economic discards or regulatory discards, 
activities otherwise prohibited by the regulations contained in this 
part. Activities subject to the provisions of this section include, but 
are not limited to, scientific research resulting in, or likely to 
result in, the take, harvest or incidental mortality of Atlantic HMS, 
exempted fishing and exempted educational activities, or programs under 
which regulated species retained in contravention to otherwise 
applicable regulations may be donated through approved food bank 
networks. Such activities must be authorized in writing and are subject 
to all conditions specified in any letter of acknowledgment, exempted 
fishing permit or scientific research permit issued in response to 
requests for authorization under this section. For the purposes of all 
regulated species covered under this part, NMFS has the sole authority 
to issue permits, authorizations, and acknowledgments. If a regulated 
species landed or retained under the authority of this section is 
subject to a quota, the fish shall be counted against the quota category 
as specified in the written authorization.
    (b) Scientific research activities. For the purposes of all species 
covered under this part regulated under the authority of ATCA, the 
provisions for research plans under Sec. 600.745(a) and reports under 
Sec. 600.745(c)(1) of this chapter are mandatory. In such cases of 
authorized scientific research activities, NMFS shall issue scientific 
research permits. For scientific research activities involving the 
capture of Atlantic sharks, research plans and reports are requested; 
letters of acknowledgment shall be issued by NMFS as indicated under 
Sec. 600.745(a) of this chapter.
    (c) Exempted fishing permits. (1) For activities consistent with the 
purposes of this section and Sec. 600.745(b)(1) of this chapter, other 
than scientific research conducted from a scientific research vessel, 
NMFS may issue exempted fishing permits. Application procedures shall be 
as indicated under Sec. 600.745(b)(2) of this chapter, except that NMFS 
may consolidate requests for the purposes of obtaining public comment. 
In such cases, NMFS may file with the Office of the Federal Register for 
publication notification on an annual or, as necessary, more frequent 
basis to report on previously authorized exempted fishing activities and 
to

[[Page 242]]

solicit public comment on anticipated exempted fishing requests.
    (2) Notwithstanding the provisions of Sec. 600.745 of this chapter 
and other provisions of this part, a valid shark EFP is required to fish 
for, take, retain, or possess a shark in or from the Atlantic EEZ for 
the purposes of public display under the shark public display quota 
specified in Sec. 635.27(b)(2). A valid shark EFP must be on board the 
harvesting vessel, must be available when the shark is landed, must be 
available when the shark is transported to the display facility, and 
must be presented for inspection upon request of an authorized officer. 
A shark EFP is valid for the specific time, area, gear, and species 
specified on it.
    (3) To be eligible for a shark EFP, a person must provide all 
information concerning his or her identification, numbers by species of 
sharks to be collected, when and where they will be collected, vessel(s) 
and gear to be used, description of the facility where they will be 
displayed, and any other information that may be necessary for the 
issuance or administration of the permit, as requested by NMFS.
    (4) Written reports on fishing activities and disposition of catch 
must be submitted to NMFS at an address designated by NMFS, for each 
fish collected within 5 days of the collection. An annual written 
summary report of all fishing activities and disposition of all fish 
collected under the permit must also be submitted to NMFS at an address 
designated by NMFS. NMFS will provide specific conditions and 
requirements, consistent with the Fishery Management Plan for Atlantic 
Tunas, Swordfish, and Sharks in the EFP.



Sec. 635.33  Archival tags.

    (a) Implantation report. Any person affixing or implanting an 
archival tag into a regulated species must obtain written authorization 
from NMFS pursuant to Sec. 635.32. Persons so authorized to conduct 
archival tag implantation must provide a written report to NMFS at an 
address designated by NMFS, indicating the type and number of tags, the 
species and approximate size of the fish as well as any additional 
information requested in the authorization.
    (b) Landing. Notwithstanding other provisions of this part, persons 
may catch, possess, retain, and land an Atlantic HMS in which an 
archival tag has been implanted or affixed, provided such persons comply 
with the requirements of paragraph (c) of this section.
    (c) Landing report. Persons that retain an Atlantic HMS that has an 
archival tag must contact NMFS, prior to or at the time of landing; 
furnish all requested information regarding the location and method of 
capture; and, as instructed, remove the archival tag and return it to 
NMFS or make the fish available for inspection and recovery of the tag 
by a NMFS scientist, enforcement agent, or other person designated in 
writing by NMFS.
    (d) Quota monitoring. If an Atlantic HMS landed under the authority 
of paragraph (b) of this section is subject to a quota, the fish will be 
counted against the applicable quota for the species consistent with the 
fishing gear and activity which resulted in the catch. In the event such 
fishing gear or activity is otherwise prohibited under applicable 
provisions of this part, the fish shall be counted against the reserve 
quota established for that species.



Sec. 635.34  Adjustment of management measures.

    (a) NMFS may adjust the catch limits for BFT, as specified in 
Sec. 635.23, and the quotas for BFT, shark, and swordfish, as specified 
in Sec. 635.27.
    (b) In accordance with the framework procedures in the Fishery 
Management Plan for Atlantic Tunas, Swordfish, and Sharks and the 
Fishery Management Plan for Atlantic Billfishes, NMFS may establish or 
modify for species or species groups of Atlantic HMS the following 
management measures: maximum sustainable yield or optimum yield levels 
based on the latest stock assessment or updates in the SAFE report; 
domestic quotas; recreational and commercial retention limits, including 
target catch requirements; size limits; fishing years or fishing 
seasons; species in the management unit and the specification of the 
species groups to which they belong; permitting and reporting 
requirements; Atlantic tunas Purse Seine category

[[Page 243]]

cap on bluefin tuna quota; time/area restrictions; allocations among 
user groups; gear prohibitions, modifications, or use restrictions; 
effort restrictions; essential fish habitat; and actions to implement 
ICCAT recommendations, as appropriate.



                   Subpart D--Restrictions on Imports



Sec. 635.40  Restrictions to enhance conservation.

    (a) Determinations. Upon a determination by NMFS that species of 
fish subject to regulation or under investigation by ICCAT are 
ineligible for entry into the United States under 16 U.S.C. 971d (c)(4) 
or (c)(5), NMFS, with the concurrence of the Secretary of State, will 
file with the Office of the Federal Register for publication a finding 
to that effect. Effective upon the date of filing of such finding, all 
shipments of fish in any form of the species found to be ineligible will 
be denied entry unless, with respect to a particular shipment, it is 
established by satisfactory proof pursuant to paragraph (b) of this 
section that the particular shipment of fish is eligible for entry. 
Entry will not be denied and no such proof will be required for any such 
shipment that, on the date of filing was in transit to the United States 
on board a vessel operating as a common carrier.
    (b) Proof of admissibility. (1) For the purposes of paragraph (a) of 
this section and section 6(c) of ATCA, a shipment of fish in any form of 
the species under regulation or under investigation by ICCAT offered for 
entry, directly or indirectly, from a country named in a finding filed 
with the Office of the Federal Register for publication under paragraph 
(a) of this section is eligible for entry if the shipment is accompanied 
by a completed ATCA COE attached to the invoice certifying that the fish 
in the shipment:
    (i) Are not of the species specified in the finding;
    (ii) Are of the species named in the finding, but were not taken in 
the regulatory area; or
    (iii) Are of the species named in the finding, but are products of 
an American fishery and were lawfully taken in conformity with 
applicable conservation laws and regulations and landed in the country 
named in the finding solely for transshipment.
    (2) If the fish are offered for entry under paragraph (b)(1)(i) or 
(b)(1)(ii) of this section, the ATCA COE must be executed by a duly 
authorized official of the country named in the finding and the ATCA COE 
must be validated by a consular officer or consular agent of the United 
States. Such validation must be attached to the ATCA COE.
    (3) If the fish are offered for entry under paragraph (b)(1)(iii) of 
this section, the ATCA COE must be executed by a consular officer or 
consular agent of the United States and be accompanied by the 
declaration(s) required by 19 CFR 10.79. The ``Declaration of Master and 
Two Members of Crew on Entry of Products of American Fisheries'' 
required by 19 CFR 10.79 must contain a further statement as follows: 
``We further declare that the said fish were caught by us in full 
compliance with part 635, title 50, Code of Federal Regulations, and 
such other conservation laws and regulations as were applicable at the 
time the fishing operation was in progress.''
    (c) Removal of import restrictions. Upon a determination by NMFS 
that the conditions no longer exist that warranted the the finding under 
paragraph (a) of this section, NMFS will remove the import restriction 
by filing with the Office of the Federal Register for publication 
notification of removal effective on the date of filing. However, for 1 
year from the date of filing every shipment of fish in any form that was 
subject to the finding under paragraph (a) of this section will continue 
to be denied entry, unless the shipment is accompanied by a 
certification executed by an authorized official of the country of 
export and authenticated by a consular officer or consular agent of the 
United States certifying that no portion of the shipment is composed of 
fish taken prior to or during the import res