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  <FDSYS>
    <CFRTITLE>50</CFRTITLE>
    <CFRTITLETEXT>Wildlife and Fisheries</CFRTITLETEXT>
    <VOL>4</VOL>
    <DATE>2002-10-01</DATE>
    <ORIGINALDATE>2002-10-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Commercial trip limits.</TITLE>
    <GRANULENUM>622.44</GRANULENUM>
    <HEADING>Section 622.44</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 50" SEQ="3">Wildlife and Fisheries</PARENT>
      <PARENT HEADING="CHAPTER VI" SEQ="2">FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANICAND ATMOSPHERIC ADMINISTRATION,DEPARTMENT OF COMMERCE</PARENT>
      <PARENT HEADING="PART 622" SEQ="1">FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC</PARENT>
      <PARENT HEADING="Subpart C" SEQ="0">Management Measures</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 622.44</SECTNO>
    <SUBJECT>Commercial trip limits.</SUBJECT>
    <P>Commercial trip limits are limits on the amount of the applicable species that may be possessed on board or landed, purchased, or sold from a vessel per day. A person who fishes in the EEZ may not combine a trip limit specified in this section with any trip or possession limit applicable to state waters. A species subject to a trip limit specified in this section taken in the EEZ may not be transferred at sea, regardless of where such transfer takes place, and such species may not be transferred in the EEZ. For fisheries governed by this part, commercial trip limits apply as follows (all weights are round or eviscerated weights):</P>
    <P>(a) <E T="03">King mackerel</E>—(1) <E T="03">Atlantic group.</E> The following trip limits apply to vessels for which commercial permits for king mackerel have been issued, as required under § 622.4(a)(2)(iii):</P>
    <P>(i) North of 29<E T="81">°</E>25′ N. lat., which is a line directly east from the Flagler/Volusia County, FL, boundary, king mackerel in or from the EEZ may not be possessed on board or landed from a vessel in a day in amounts exceeding 3,500 lb (1,588 kg).</P>
    <P>(ii) In the area between 29<E T="81">°</E>25′ N. lat. and 28<E T="81">°</E>47.8′ N. lat., which is a line directly east from the Volusia/Brevard County, FL, boundary, king mackerel in or from the EEZ may not be possessed on board or landed from a vessel in a day in amounts exceeding 3,500 lb (1,588 kg) from April 1 through October 31.</P>
    <P>(iii) In the area between 28°47.8′ N. lat. and 25°20.47′ 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.</P>
    <P>(iv) In the area between 25<E T="81">°</E>20.4′ N. lat. and 25<E T="81">°</E>48′ N. lat., which is a line directly west from the Monroe/Collier County, FL, boundary, king mackerel in or from the EEZ may not be possessed on board or landed from a vessel in a day in amounts exceeding 1,250 lb (567 kg) from April 1 through October 31.</P>
    <P>(2) <E T="03">Gulf group.</E> Commercial trip limits are established  in the eastern and western zones as follows. (See § 622.42(c)(1)(i) for specification of the eastern and western zones and § 622.42(c)(1)(i)(A)(<E T="03">3</E>) for specifications of the subzones in the eastern zone.)</P>
    <P>(i) <E T="03">Eastern zone-Florida east coast subzone.</E> 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 § 622.4(a)(2)(iii) as follows:</P>
    <P>(A) From November 1 through January 31—not to exceed 50 fish.</P>
    <P>(B) Beginning on February 1 and continuing through March 31—</P>
    <P>(<E T="03">1</E>) If 75 percent or more of the Florida east coast subzone quota as specified in § 622.42(c)(1)(i)(A)(1) has been taken—not to exceed 50 fish.</P>
    <P>(<E T="03">2</E>) If less than 75 percent of the Florida east coast subzone quota as specified in § 622.42(c)(1)(i)(A)(1) has been taken—not to exceed 75 fish.</P>
    <P>(ii) <E T="03">Eastern zone-Florida west coast subzone</E>—(A) <E T="03">Gillnet gear.</E> (<E T="03">1</E>) 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 § 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 § 622.34(p) or § 622.43(a).</P>
    <P>(<E T="03">2</E>) In the southern Florida west coast subzone:</P>
    <P>(<E T="03">i</E>) King mackerel in or from the EEZ may be possessed on board or landed from a vessel that uses or has on board a run-around gillnet on a trip only <PRTPAGE P="199"/>when such vessel has on board a commercial permit for king mackerel with a gillnet endorsement.</P>
    <P>(<E T="03">ii</E>) King mackerel from the 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 § 622.42(c)(1)(i)(A)(<E T="03">2</E>)(<E T="03">i</E>).</P>
    <P>(<E T="03">iii</E>) King mackerel in or from the EEZ harvested with gear other than run-around gillnet may not be retained on board a vessel for which such commercial permit with endorsement has been issued.</P>
    <P>(B) <E T="03">Hook-and-line gear.</E> In the Florida west coast subzone, king mackerel in or from the EEZ may be possessed on board or landed from a vessel with a commercial permit for king mackerel, as required by § 622.4(a)(2)(iii), and operating under the hook-and-line gear quotas in § 622.42(c)(1)(i)(A)(<E T="03">2</E>)(<E T="03">i</E>) or (c)(1)(i)(A)(<E T="03">2</E>)(<E T="03">ii</E>):</P>
    <P>(<E T="03">1</E>) From July 1, each fishing year, until 75 percent of the respective northern or southern subzone's hook-and-line gear quota has been harvested—in amounts not exceeding 1,250 lb (567 kg) per day.</P>
    <P>(<E T="03">2</E>) From the date that 75 percent of the 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 § 622.43(a)—in amounts not exceeding 500 lb (227 kg) per day.</P>
    <P>(iii) <E T="03">Notice of trip limit changes.</E> The Assistant Administrator, by filing a notification of trip limit change with the Office of the Federal Register, will effect the trip limit changes specified in paragraphs (a)(2)(i) and (a)(2)(ii)(B) of this section when the requisite harvest level has been reached or is projected to be reached.</P>
    <P>(iv) <E T="03">Western zone.</E> 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 § 622.4(a)(2)(ii), from July 1, each fishing year, until a closure of the western zone's fishery has been effected under § 622.43(a)—in amounts not exceeding 3,000 lb (1,361 kg) per day.</P>
    <P>(b) <E T="03">Spanish mackerel.</E> (1) Commercial trip limits are established for Atlantic migratory group Spanish mackerel as follows:</P>
    <P>(i) North of 30°42′45.6″ N. lat., which is a line directly east from the Georgia/Florida boundary, Spanish mackerel in or from the EEZ may not be possessed on board or landed in a day from a vessel for which a permit for Spanish mackerel has been issued, as required under § 622.4(a)(2)(iv), in amounts exceeding 3,500 lb (1,588 kg).</P>
    <P>(ii) South of 30°42′45.6″ N. lat., Spanish mackerel in or from the EEZ may not be possessed on board or landed in a day from a vessel for which a permit for Spanish mackerel has been issued, as required under § 622.4(a)(2)(iv)—</P>
    <P>(A) From April 1 through November 30, in amounts exceeding 3,500 lb (1,588 kg).</P>
    <P>(B) From December 1 until 75 percent of the adjusted quota is taken, in amounts as follows:</P>
    <P>(<E T="03">1</E>) Mondays through Fridays—unlimited.</P>
    <P>(<E T="03">2</E>) Saturdays and Sundays—not exceeding 1,500 lb (680 kg).</P>
    <P>(C) After 75 percent of the adjusted quota is taken until 100 percent of the adjusted quota is taken, in amounts not exceeding 1,500 lb (680 kg).</P>
    <P>(D) After 100 percent of the adjusted quota is taken through the end of the fishing year, in amounts not exceeding 500 lb (227kg).</P>
    <P>(2) For the purpose of paragraph (b)(1)(ii) of this section, the adjusted quota is 3.62 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.</P>

    <P>(3) For the purpose of paragraph (b)(1)(ii) of this section, a day starts at 6 a.m., local time, and extends for 24 hours. If a vessel terminates a trip prior to 6 a.m., but retains Spanish <PRTPAGE P="200"/>mackerel on board after that time, the Spanish mackerel retained on board will not be considered in possession during the succeeding day, provided the vessel is not underway between 6 a.m. and the time such Spanish mackerel are unloaded, and provided such Spanish mackerel are unloaded prior to 6 p.m.</P>
    <P>(c) <E T="03">South Atlantic snapper-grouper.</E> When a vessel fishes on a trip in the South Atlantic EEZ, the vessel trip limits specified in this paragraph (c) apply, provided persons aboard the vessel are not subject to the bag limits. See § 622.39(a) for applicability of the bag limits.</P>
    <P>(1) <E T="03">Trip-limited permits.</E> A vessel for which a trip-limited permit for South Atlantic snapper-grouper has been issued is limited to 225 lb (102.1 kg) of snapper-grouper.</P>
    <P>(2) <E T="03">Golden tilefish.</E> (i) Until the fishing year quota specified in § 622.42(e)(2) is reached, 5,000 lb (2,268 kg).</P>
    <P>(ii) After the fishing year quota specified in § 622.42(e)(2) is reached, 300 lb (136 kg).</P>
    <P>(3) <E T="03">Snowy grouper.</E> (i) Until the fishing year quota specified in § 622.42(e)(1) is reached, 2,500 lb (1,134 kg).</P>
    <P>(ii) After the fishing year quota specified in § 622.42(e)(1) is reached, 300 lb (136 kg).</P>
    <P>(4) <E T="03">Red porgy.</E> (i) From May 1 through December 31, 50 lb (22.7 kg).</P>
    <P>(ii) From January 1 through April 30, the seasonal harvest limit specified in § 622.36(b)(5) applies.</P>
    <P>(5) <E T="03">Greater amberjack.</E> Until the fishing year quota specifiedin § 622.42(e)(3) is reached, 1,000 lb (454 kg). See §622.43(a)(5)(i) for the limitations regarding greater amberjackafter the fishing year quota is reached.</P>
    <P>(d) <E T="03">Gulf red snapper.</E> (1) The trip limit for red snapper in or from the Gulf for a vessel that has on board a valid commercial permit for Gulf reef fish and a valid Class 1 red snapper license is 2,000 lb (907 kg), round or eviscerated weight.</P>
    <P>(2) The trip limit for red snapper in or from the Gulf for a vessel that has on board a valid commercial permit for Gulf reef fish and a valid Class 2 red snapper license is 200 lb (91 kg), round or eviscerated weight.</P>
    <P>(3) The trip limit for red snapper in or from the Gulf for any other vessel for which a commercial permit for Gulf reef fish has been issued is zero.</P>
    <P>(4) As a condition of a commercial vessel permit for Gulf reef fish, as required under § 622.4(a)(2)(v), without regard to where red snapper are harvested or possessed, a vessel that has been issued such permit—</P>
    <P>(i) May not possess red snapper in or from the Gulf in excess of the appropriate vessel trip limit, as specified in paragraphs (d)(1) through (d)(3) of this section.</P>
    <P>(ii) May not transfer or receive at sea red snapper in or from the Gulf.</P>
    <P>(e) <E T="03">Caribbean queen conch.</E> A person who fishes in the Caribbean EEZ and is not subject to the bag limit may not possess in or from the Caribbean EEZ more than 150 queen conch per day.</P>
    <CITA>[61 FR 34934, July 3, 1996, as amended at 61 FR 48415, Sept. 13, 1996; 61 FR 48851, Sept. 17, 1996; 61 FR 65484, Dec. 13, 1996; 62 FR 23674, May 1, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 8356, Feb. 19, 1998; 63 FR 10569, Mar. 4, 1998; 63 FR 38303, July 16, 1998; 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]</CITA>
  </SECTION>
</CFRGRANULE>
