[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 1998 Edition]
[From the U.S. Government Printing Office]
50
Wildlife and Fisheries
[[Page i]]
PART 600 TO END
Revised as of October 1, 1998
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF OCTOBER 1, 1998
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1998
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 50:
Chapter VI--Fishery Conservation and Management,
National Oceanic and Atmospheric Administration,
Department of Commerce 3
Finding Aids:
Material Approved for Incorporation by Reference........ 631
Table of CFR Titles and Chapters........................ 633
Alphabetical List of Agencies Appearing in the CFR...... 651
List of CFR Sections Affected........................... 661
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 50 CFR 600.5 refers
to title 50, part 600,
section 5.
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[[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
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To determine whether a Code volume has been amended since its
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Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
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EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
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citations for the regulations are referred to by volume number and page
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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
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
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of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
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1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
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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
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This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call (202) 523-4534.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
[[Page vii]]
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
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For inquiries concerning CFR reference assistance, call 202-523-5227
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site also contains links to GPO Access.
Raymond A. Mosley,
Director,
Office of the Federal Register.
October 1, 1998.
[[Page ix]]
THIS TITLE
Title 50--Fish and Wildlife is composed of three volumes. The parts
in these volumes are arranged in the following order: Parts 1-199, parts
200-599 and part 600 to end. The first volume (parts 1-199) contains the
current regulations issued under chapter I--United States Fish and
Wildlife Service, Department of the Interior. The second volume (parts
200-599) contains the current regulations issued under chapter II--
National Marine Fisheries Service, National Oceanic and Atmospheric
Administration, Department of Commerce; chapter III--International
Fishing and Related Activities, chapter IV--Joint Regulations (United
States Fish and Wildlife Service, Department of the Interior and
National Marine Fisheries Service, National Oceanic and Atmospheric
Administration, Department of Commerce); Endangered Species Committee
regulations; and chapter V--Marine Mammal Commission. The third volume
(part 600 to end) contains the current regulations issued under chapter
VI--Fishery Conservation and Management, National Oceanic and
Atmospheric Administration, Department of Commerce. The contents of
these volumes represent all current regulations codified under this
title of the CFR as of October 1, 1998.
Alphabetical listings of endangered and threatened wildlife and
plants appear in part 17.
The OMB control numbers for the National Oceanic and Atmospheric
Administration appear in 15 CFR 902.1.
For this volume, Gregory R. Walton was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 50--WILDLIFE AND FISHERIES
(This book contains part 600 to end)
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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
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Part Page
600 Magnuson-Stevens Act provisions............. 5
622 Fisheries of the Caribbean, Gulf, and South
Atlantic................................ 96
630 Atlantic swordfish fishery.................. 169
640 Spiny lobster fishery of the Gulf of Mexico
and South Atlantic...................... 185
644 Atlantic billfishes......................... 194
648 Fisheries of the Northeastern United States. 199
649 American lobster fishery.................... 313
654 Stone crab fishery of the Gulf of Mexico.... 338
660 Fisheries off West coast states and in the
Western Pacific......................... 346
678 Atlantic sharks............................. 425
679 Fisheries of the Exclusive Economic Zone off
Alaska.................................. 435
697 Atlantic coastal fisheries cooperative
management.............................. 626
[[Page 5]]
PART 600--MAGNUSON-STEVENS ACT PROVISIONS--Table of Contents
Subpart A--General
Sec.
600.5 Purpose and scope.
600.10 Definitions.
600.15 Other acronyms.
Subpart B--Regional Fishery Management Councils
600.105 Intercouncil boundaries.
600.110 Intercouncil fisheries.
600.115 Statement of organization, practices, and procedures (SOPP).
600.120 Employment practices.
600.125 Budgeting, funding, and accounting.
600.130 Protection of confidentiality of statistics.
Subpart C--Council Membership
600.205 Principal state officials and their designees.
600.210 Terms of Council members.
600.215 Appointments.
600.220 Oath of office.
600.225 Rules of conduct.
600.230 Removal.
600.235 Financial disclosure.
600.240 Security assurances.
600.245 Council member compensation.
Subpart D--National Standards
600.305 General.
600.310 National Standard 1--Optimum Yield.
600.315 National Standard 2--Scientific Information.
600.320 National Standard 3--Management Units.
600.325 National Standard 4--Allocations.
600.330 National Standard 5--Efficiency.
600.335 National Standard 6--Variations and Contingencies.
600.340 National Standard 7--Costs and Benefits.
600.345 National Standard 8--Communities.
600.350 National Standard 9--Bycatch.
600.355 National Standard 10--Safety of Life at Sea.
Subpart E--Confidentiality of Statistics
600.405 Types of statistics covered.
600.410 Collection and maintenance of statistics.
600.415 Access to statistics.
600.420 Control system.
600.425 Release of statistics.
Subpart F--Foreign Fishing
600.501 Vessel permits.
600.502 Vessel reports.
600.503 Vessel and gear identification.
600.504 Facilitation of enforcement.
600.505 Prohibitions.
600.506 Observers.
600.507 Recordkeeping.
600.508 Fishing operations.
600.509 Prohibited species.
600.510 Gear avoidance and disposal.
600.511 Fishery closure procedures.
600.512 Scientific research.
600.513 Recreational fishing.
600.514 Relation to other laws.
600.515 Interpretation of 16 U.S.C. 1857(4).
600.516 Total allowable level of foreign fishing (TALFF).
600.517 Allocations.
600.518 Fee schedule for foreign fishing.
600.520 Northwest Atlantic Ocean fishery.
600.525 Atlantic herring fishery.
Subpart G--Preemption of State Authority Under Section 306(b)
600.605 General policy.
600.610 Factual findings for Federal preemption.
600.615 Commencement of proceedings.
600.620 Rules pertaining to the hearing.
600.625 Secretary's decision.
600.630 Application for reinstatement of state authority.
Subpart H--General Provisions for Domestic Fisheries
600.705 Relation to other laws.
600.710 Permits.
600.715 Recordkeeping and reporting.
600.720 Vessel and gear identification.
600.725 General prohibitions.
600.730 Facilitation of enforcement.
600.735 Penalties.
600.740 Enforcement policy.
600.745 Scientific research activity, exempted fishing, and exempted
educational activity.
600.746 Observers.
Subpart I--Fishery Negotiation Panels
600.750 Definitions.
600.751 Determination of need for a fishery negotiation panel.
600.752 Use of conveners and facilitators.
600.753 Notice of intent to establish a fishery negotiation panel.
600.754 Decision to establish a fishery negotiation panel.
600.755 Establishment of a fishery negotiation panel.
600.756 Conduct and operation of a fishery negotiation panel.
600.757 Operational protocols.
600.758 Preparation of report.
600.759 Use of report.
600.760 Fishery Negotiation Panel lifetime.
[[Page 6]]
Subpart J--Essential Fish Habitat (EFH)
600.805 Purpose and scope.
600.810 Definitions and word usage.
600.815 Contents of Fishery Management Plans.
Subpart K--EFH Coordination, Consultation, and Recommendations
600.905 Purpose, scope, and NMFS/Council cooperation.
600.910 Definitions and word usage.
600.915 Coordination for the conservation and enhancement of EFH.
600.920 Federal agency consultation with the Secretary.
600.925 NMFS EFH conservation recommendations to Federal and state
agencies.
600.930 Council comments and recommendations to Federal and state
agencies.
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
Source: 61 FR 32540, June 24, 1996, unless otherwise noted.
Subpart A--General
Sec. 600.5 Purpose and scope.
(a) This part contains general provisions governing the operation of
the eight Regional Fishery Management Councils established by the
Magnuson-Stevens Act and describes the Secretary's role and
responsibilities under the Act. The Councils are institutions created by
Federal law and must conform to the uniform standards established by the
Secretary in this part.
(b) This part also governs all foreign fishing under the Magnuson-
Stevens Act, prescribes procedures for the conduct of preemption
hearings under section 306(b) of the Magnuson-Stevens Act, and collects
the general provisions common to all domestic fisheries governed by this
chapter.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.10 Definitions.
Unless defined otherwise in other parts of Chapter VI, the terms in
this chapter have the following meanings:
Administrator means the Administrator of NOAA (Under Secretary of
Commerce for Oceans and Atmosphere) or a designee.
Advisory group means a Scientific and Statistical Committee (SSC),
Fishing Industry Advisory Committee (FIAC), or Advisory Panel (AP)
established by a Council under the Magnuson-Stevens Act.
Agent, for the purpose of foreign fishing (subpart F), means a
person appointed and maintained within the United States who is
authorized to receive and respond to any legal process issued in the
United States to an owner and/or operator of a vessel operating under a
permit and of any other vessel of that Nation fishing subject to the
jurisdiction of the United States. Any diplomatic official accepting
such an appointment as designated agent waives diplomatic or other
immunity in connection with such process.
Aggregate or summary form means confidential data structured in such
a way that the identity of the submitter cannot be determined either
from the present release of the data or in combination with other
releases.
Allocated species means any species or species group allocated to a
foreign nation under Sec. 600.517 for catching by vessels of that
Nation.
Allocation means direct and deliberate distribution of the
opportunity to participate in a fishery among identifiable, discrete
user groups or individuals.
Anadromous species means species of fish that spawn in fresh or
estuarine waters of the United States and that migrate to ocean waters.
Area of custody means any vessel, building, vehicle, live car,
pound, pier or dock facility where fish might be found.
Assistant Administrator means the Assistant Administrator for
Fisheries, NOAA, or a designee.
Authorized officer means:
(1) Any commissioned, warrant, or petty officer of the USCG;
(2) Any special agent or fishery enforcement officer of NMFS;
(3) Any officer designated by the head of any Federal or state
agency that has entered into an agreement with the Secretary and the
Commandant of the USCG to enforce the provisions of the Magnuson-Stevens
Act or any other statute administered by NOAA; or
(4) Any USCG personnel accompanying and acting under the direction
of
[[Page 7]]
any person described in paragraph (1) of this definition.
Authorized species means any species or species group that a foreign
vessel is authorized to retain in a joint venture by a permit issued
under Activity Code 4 as described by Sec. 600.501(c).
Catch, take, or harvest includes, but is not limited to, any
activity that results in killing any fish or bringing any live fish on
board a vessel.
Center means one of the five NMFS Fisheries Science Centers.
Coast Guard Commander means one of the commanding officers of the
Coast Guard units specified in Table 1 of Sec. 600.502, or a designee.
Codend means the terminal, closed end of a trawl net.
Confidential statistics are those submitted as a requirement of an
FMP and that reveal the business or identity of the submitter.
Continental shelf fishery resources means the species listed under
section 3(7) of the Magnuson-Stevens Act.
Council means one of the eight Regional Fishery Management Councils
established by the Magnuson-Stevens Act.
Data, statistics, and information are used interchangeably.
Dealer means the person who first receives fish by way of purchase,
barter, or trade.
Designated representative means the person appointed by a foreign
nation and maintained within the United States who is responsible for
transmitting information to and submitting reports from vessels of that
Nation and establishing observer transfer arrangements for vessels in
both directed and joint venture activities.
Directed fishing, for the purpose of foreign fishing (subpart F),
means any fishing by the vessels of a foreign nation for allocations of
fish granted that Nation under Sec. 600.517.
Director means the Director of the Office of Sustainable Fisheries,
1315 East-West Highway, Silver Spring, MD 20910.
Discard means to release or return fish to the sea, whether or not
such fish are brought fully on board a fishing vessel.
Drift gillnet means a gillnet that is unattached to the ocean
bottom, whether or not attached to a vessel.
Essential fish habitat (EFH) means those waters and substrate
necessary to fish for spawning, breeding, feeding, or growth to
maturity. For the purpose of interpreting the definition of essential
fish habitat: Waters include aquatic areas and their associated
physical, chemical, and biological properties that are used by fish and
may include aquatic areas historically used by fish where appropriate;
substrate includes sediment, hard bottom, structures underlying the
waters, and associated biological communities; necessary means the
habitat required to support a sustainable fishery and the managed
species' contribution to a healthy ecosystem; and ``spawning, breeding,
feeding, or growth to maturity'' covers a species' full life cycle.
Exclusive economic zone (EEZ) means the zone established by
Presidential Proclamation 5030, 3 CFR part 22, dated March 10, 1983, and
is that area adjacent to the United States which, except where modified
to accommodate international boundaries, encompasses all waters from the
seaward boundary of each of the coastal states to a line on which each
point is 200 nautical miles (370.40 km) from the baseline from which the
territorial sea of the United States is measured.
Exempted educational activity means an activity, conducted by an
educational institution accredited by a recognized national or
international accreditation body, of limited scope and duration, that is
otherwise prohibited by part 285 or chapter VI of this title, but that
is authorized by the appropriate Director or Regional Administrator for
educational purposes.
Exempted or experimental fishing means fishing from a vessel of the
United States that involves activities otherwise prohibited by part 285
or chapter VI of this title, but that are authorized under an exempted
fishing permit (EFP). These regulations refer exclusively to exempted
fishing. References in part 285 of this title and elsewhere in this
chapter to experimental fishing mean exempted fishing under this part.
Fish means:
(1) When used as a noun, means any finfish, mollusk, crustacean, or
parts thereof, and all other forms of marine
[[Page 8]]
animal and plant life other than marine mammals and birds.
(2) When used as a verb, means to engage in ``fishing,'' as defined
below.
Fishery means:
(1) One or more stocks of fish that can be treated as a unit for
purposes of conservation and management and that are identified on the
basis of geographic, scientific, technical, recreational, or economic
characteristics, or method of catch; or
(2) Any fishing for such stocks.
Fishery management unit (FMU) means a fishery or that portion of a
fishery identified in an FMP relevant to the FMP's management
objectives. The choice of an FMU depends on the focus of the FMP's
objectives, and may be organized around biological, geographic,
economic, technical, social, or ecological perspectives.
Fishery resource means any fish, any stock of fish, any species of
fish, and any habitat of fish.
Fishing, or to fish means any activity, other than scientific
research conducted by a scientific research vessel, that involves:
(1) The catching, taking, or harvesting of fish;
(2) The attempted catching, taking, or harvesting of fish;
(3) Any other activity that can reasonably be expected to result in
the catching, taking, or harvesting of fish; or
(4) Any operations at sea in support of, or in preparation for, any
activity described in paragraphs (1), (2), or (3) of this definition.
Fishing vessel means any vessel, boat, ship, or other craft that is
used for, equipped to be used for, or of a type that is normally used
for:
(1) Fishing; or
(2) Aiding or assisting one or more vessels at sea in the
performance of any activity relating to fishing, including, but not
limited to, preparation, supply, storage, refrigeration, transportation,
or processing.
Foreign fishing means fishing by a foreign fishing vessel.
Foreign fishing vessel (FFV) means any fishing vessel other than a
vessel of the United States, except those foreign vessels engaged in
recreational fishing, as defined in this section.
Gear conflict means any incident at sea involving one or more
fishing vessels:
(1) In which one fishing vessel or its gear comes into contact with
another vessel or the gear of another vessel; and
(2) That results in the loss of, or damage to, a fishing vessel,
fishing gear, or catch.
Gillnet means a panel of netting, suspended vertically in the water
by floats along the top and weights along the bottom, to entangle fish
that attempt to pass through it.
Governing International Fishery Agreement (GIFA) means an agreement
between the United States and a foreign nation or Nations under section
201(c) of the Magnuson-Stevens Act.
Grants Officer means the NOAA official authorized to sign, on behalf
of the Government, the cooperative agreement providing funds to support
the Council's operations and functions.
Greenwich mean time (GMT) means the local mean time at Greenwich,
England. All times in this part are GMT unless otherwise specified.
Handgear means handline, harpoon, or rod and reel.
Harass means to unreasonably interfere with an individual's work
performance, or to engage in conduct that creates an intimidating,
hostile, or offensive environment.
Harpoon or harpoon gear means fishing gear consisting of a pointed
dart or iron attached to the end of a line several hundred feet in
length, the other end of which is attached to a floatation device.
Harpoon gear is attached to a pole or stick that is propelled only by
hand, and not by mechanical means.
Industry means both recreational and commercial fishing, and
includes the harvesting, processing, and marketing sectors.
International radio call sign (IRCS) means the unique radio
identifier assigned a vessel by the appropriate authority of the flag
state.
Joint venture means any operation by a foreign vessel assisting
fishing by U.S. fishing vessels, including catching, scouting,
processing and/or support. (A joint venture generally entails a foreign
vessel processing fish received from U.S. fishing vessels and
[[Page 9]]
conducting associated support activities.)
Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation
and Management Act, as amended (16 U.S.C. 1801 et seq.), formerly known
as the Magnuson Act.
Metric ton (mt) means 1,000 kg (2,204.6 lb).
nm means nautical mile (6,076 ft (1,852 m)).
Official number means the documentation number issued by the USCG or
the certificate number issued by a state or by the USCG for an
undocumented vessel.
Operator, with respect to any vessel, means the master or other
individual aboard and in charge of that vessel.
Optimum yield (OY) means the amount of fish that:
(1) Will provide the greatest overall benefit to the Nation,
particularly with respect to food production and recreational
opportunities, and taking into account the protection of marine
ecosystems;
(2) Is prescribed as such on the basis of the maximum sustainable
yield from the fishery, as reduced by any relevant economic, social, or
ecological factor; and
(3) In the case of an overfished fishery, provides for rebuilding to
a level consistent with producing the maximum sustainable yield in such
fishery.
Owner, with respect to any vessel, means:
(1) Any person who owns that vessel in whole or in part;
(2) Any charterer of the vessel, whether bareboat, time, or voyage;
(3) Any person who acts in the capacity of a charterer, including,
but not limited to, parties to a management agreement, operating
agreement, or any similar agreement that bestows control over the
destination, function, or operation of the vessel; or
(4) Any agent designated as such by a person described in paragraph
(1), (2), or (3) of this definition.
Plan Team means a Council working group selected from agencies,
institutions, and organizations having a role in the research and/or
management of fisheries, whose primary purpose is to assist the Council
in the preparation and/or review of FMPs, amendments, and supporting
documents for the Council, and/or SSC and AP.
Predominately means, with respect to fishing in a fishery, that more
fishing on a stock or stocks of fish covered by the FMP occurs, or would
occur in the absence of regulations, within or beyond the EEZ than
occurs in the aggregate within the boundaries of all states off the
coasts of which the fishery is conducted.
Processing, for the purpose of foreign fishing (subpart F), means
any operation by an FFV to receive fish from foreign or U.S. fishing
vessels and/or the preparation of fish, including, but not limited to,
cleaning, cooking, canning, smoking, salting, drying, or freezing,
either on the FFV's behalf or to assist other foreign or U.S. fishing
vessels.
Product recovery rate (PRR) means a ratio expressed as a percentage
of the weight of processed product divided by the round weight of fish
used to produce that amount of product.
Prohibited species, with respect to a foreign vessel, means any
species of fish that that vessel is not specifically allocated or
authorized to retain, including fish caught or received in excess of any
allocation or authorization.
Recreational fishing, with respect to a foreign vessel, means any
fishing from a foreign vessel not operated for profit and not operated
for the purpose of scientific research. It may not involve the sale,
barter, or trade of part or all of the catch (see Sec. 600.513).
Retain on board means to fail to return fish to the sea after a
reasonable opportunity to sort the catch.
Region mean one of five NMFS Regional Offices responsible for
administering the management and development of marine resources in the
United States in their respective geographical regions.
Regional Administrator means the Administrator of one of the five
NMFS Regions described in Table 1 of Sec. 600.502, or a designee.
Formerly known as Regional Director.
Regional Program Officer means the NMFS official designated in the
terms
[[Page 10]]
and conditions of the grant award responsible for monitoring,
recommending, and reviewing any technical aspects of the application for
Federal assistance and the award.
Round weight means the weight of the whole fish before processing or
removal of any part.
Secretary means the Secretary of Commerce or a designee.
Science and Research Director means the Director of one of the five
NMFS Fisheries Science Centers described in Table 1 of Sec. 600.502 of
this part, or a designee, also known as Center Director.
Scientific cruise means the period of time during which a scientific
research vessel is operated in furtherance of a scientific research
project, beginning when the vessel leaves port to undertake the project
and ending when the vessel completes the project as provided for in the
applicable scientific research plan.
Scientific research activity is, for the purposes of this part, an
activity in furtherance of a scientific fishery investigation or study
that would meet the definition of fishing under the Magnuson-Stevens
Act, but for the exemption applicable to scientific research activity
conducted from a scientific research vessel. Scientific research
activity includes, but is not limited to, sampling, collecting,
observing, or surveying the fish or fishery resources within the EEZ, at
sea, on board scientific research vessels, to increase scientific
knowledge of the fishery resources or their environment, or to test a
hypothesis as part of a planned, directed investigation or study
conducted according to methodologies generally accepted as appropriate
for scientific research. At-sea scientific fishery investigations
address one or more issues involving taxonomy, biology, physiology,
behavior, disease, aging, growth, mortality, migration, recruitment,
distribution, abundance, ecology, stock structure, bycatch, and catch
estimation of finfish and shellfish (invertebrate) species considered to
be a component of the fishery resources within the EEZ. Scientific
research activity does not include the collection and retention of fish
outside the scope of the applicable research plan, or the testing of
fishing gear. Data collection designed to capture and land quantities of
fish or invertebrates for product development, market research, and/or
public display are not scientific research activities and must be
permitted under exempted fishing procedures. For foreign vessels, such
data collection activities are considered scientific research if they
are carried out in full cooperation with the United States.
Scientific research plan means a detailed, written formulation,
prepared in advance of the research, for the accomplishment of a
scientific research project. At a minimum, a sound scientific research
plan should include:
(1) A description of the nature and objectives of the project,
including the hypothesis or hypotheses to be tested.
(2) The experimental design of the project, including a description
of the methods to be used, the type and class of any vessel(s) to be
used, and a description of sampling equipment.
(3) The geographical area(s) in which the project is to be
conducted.
(4) The expected date of first appearance and final departure of the
research vessel(s) to be employed, and deployment and removal of
equipment, as appropriate.
(5) The expected quantity and species of fish to be taken and their
intended disposition, and, if significant amounts of a managed species
or species otherwise restricted by size or sex are needed, an
explanation of such need.
(6) The name, address, and telephone/telex/fax number of the
sponsoring organization and its director.
(7) The name, address, and telephone/telex/fax number, and
curriculum vitae of the person in charge of the project and, where
different, the person in charge of the research project on board the
vessel.
(8) The identity of any vessel(s) to be used including, but not
limited to, the vessel's name, official documentation number and IRCS,
home port, and name, address, and telephone number of the owner and
master.
Scientific research vessel means a vessel owned or chartered by, and
controlled by, a foreign government agency, U.S. Government agency
(including NOAA or institutions designated as
[[Page 11]]
federally funded research and development centers), U.S. state or
territorial agency, university (or other educational institution
accredited by a recognized national or international accreditation
body), international treaty organization, or scientific institution. In
order for a vessel that is owned or chartered and controlled by a
foreign government to meet this definition, the vessel must have
scientific research as its exclusive mission during the scientific
cruise in question and the vessel operations must be conducted in
accordance with a scientific research plan.
Scouting means any operation by a vessel exploring (on the behalf of
an FFV or U.S. fishing vessel) for the presence of fish by visual,
acoustic, or other means that do not involve the catching of fish.
State means each of the several states, the District of Columbia,
the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands,
Guam, the Northern Mariana Islands, and any other Commonwealth,
territory, or possession of the United States.
State employee means any employee of the state agency responsible
for developing and monitoring the state's program for marine and/or
anadromous fisheries.
Statement of Organization, Practices, and Procedures (SOPP) means a
statement by each Council describing its organization, practices, and
procedures as required under section 302(f)(6) of the Magnuson-Stevens
Act.
Stock assessment means the process of collecting and analyzing
biological and statistical information to determine the changes in the
abundance of fishery stocks in response to fishing, and, to the extent
possible, to predict future trends of stock abundance. Stock assessments
are based on resource surveys; knowledge of the habitat requirements,
life history, and behavior of the species; the use of environmental
indices to determine impacts on stocks; and catch statistics. Stock
assessments are used as a basis to ``assess and specify the present and
probable future condition of a fishery'' (as is required by the
Magnuson-Stevens Act), and are summarized in the Stock Assessment and
Fishery Evaluation or similar document.
Stock Assessment and Fishery Evaluation (SAFE) means a document or
set of documents that provides Councils with a summary of the most
recent biological condition of species in an FMU, and the social and
economic condition of the recreational and commercial fishing industries
and the fish processing industries. It summarizes, on a periodic basis,
the best available scientific information concerning the past, present,
and possible future condition of the stocks and fisheries being managed
under Federal regulation.
Substantially (affects) means, for the purpose of subpart G, with
respect to whether a state's action or omission will substantially
affect the carrying out of an FMP for a fishery, that those effects are
important or material, or considerable in degree. The effects of a
state's action or omission for purposes of this definition include
effects upon:
(1) The achievement of the FMP's goals or objectives for the
fishery;
(2) The achievement of OY from the fishery on a continuing basis;
(3) The attainment of the national standards for fishery
conservation and management (as set forth in section 301(a) of the
Magnuson-Stevens Act) and compliance with other applicable law; or
(4) The enforcement of regulations implementing the FMP.
Support means any operation by a vessel assisting fishing by foreign
or U.S. vessels, including supplying water, fuel, provisions, fish
processing equipment, or other supplies to a fishing vessel.
Total length (TL) means the straight-line distance from the tip of
the snout to the tip of the tail (caudal fin) while the fish is lying on
its side, normally extended.
Transship means offloading and onloading or otherwise transferring
fish or fish products and/or transporting fish or products made from
fish.
Trawl means a cone or funnel-shaped net that is towed through the
water by one or more vessels.
[[Page 12]]
U.S. observer or observer means any person serving in the capacity
of an observer employed by NMFS, either directly or under contract, or
certified as a supplementary observer by NMFS.
Vessel of the United States or U.S. vessel means:
(1) Any vessel documented under chapter 121 of title 46, United
States Code;
(2) Any vessel numbered under chapter 123 of title 46, United States
Code, and measuring less than 5 net tons;
(3) Any vessel numbered under chapter 123 of title 46, United States
Code, and used exclusively for pleasure; or
(4) Any vessel not equipped with propulsion machinery of any kind
and used exclusively for pleasure.
[61 FR 32540, June 24, 1996, as amended at 62 FR 14646, Mar. 27, 1997;
62 FR 66551, Dec. 19, 1997; 63 FR 7073, 7075, Feb. 12, 1998 ]
Sec. 600.15 Other acronyms.
(a) Fishery management terms. (1) ABC--acceptable biological catch
(2) DAH--estimated domestic annual harvest
(3) DAP--estimated domestic annual processing
(4) EIS--environmental impact statement
(5) EY--equilibrium yield
(6) FMP--fishery management plan
(7) JVP--joint venture processing
(8) MSY--maximum sustainable yield
(9) PMP--preliminary FMP
(10) TAC--total allowable catch
(11) TALFF--total allowable level of foreign fishing
(b) Legislation. (1) APA--Administrative Procedure Act
(2) CZMA--Coastal Zone Management Act
(3) ESA--Endangered Species Act
(4) FACA--Federal Advisory Committee Act
(5) FOIA--Freedom of Information Act
(6) FLSA--Fair Labor Standards Act
(7) MMPA--Marine Mammal Protection Act
(8) MPRSA--Marine Protection, Research, and Sanctuaries Act
(9) NEPA--National Environmental Policy Act
(10) PA--Privacy Act
(11) PRA--Paperwork Reduction Act
(12) RFA--Regulatory Flexibility Act
(c) Federal agencies. (1) CEQ--Council on Environmental Quality
(2) DOC--Department of Commerce
(3) DOI--Department of the Interior
(4) DOS--Department of State
(5) EPA--Environmental Protection Agency
(6) FWS--Fish and Wildlife Service
(7) GSA--General Services Administration
(8) NMFS--National Marine Fisheries Service
(9) NOAA--National Oceanic and Atmospheric Administration
(10) OMB--Office of Management and Budget
(11) OPM--Office of Personnel Management
(12) SBA--Small Business Administration
(13) USCG--United States Coast Guard
[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]
Subpart B--Regional Fishery Management Councils
Sec. 600.105 Intercouncil boundaries.
(a) New England and Mid-Atlantic Councils. The boundary begins at
the intersection point of Connecticut, Rhode Island, and New York at
41 deg.18'16.249" N. lat. and 71 deg.54'28.477" W. long. and proceeds
south 37 deg.22'32.75" East to the point of intersection with the
outward boundary of the EEZ as specified in the Magnuson-Stevens Act.
(b) Mid-Atlantic and South Atlantic Councils. The boundary begins at
the seaward boundary between the States of Virginia and North Carolina
(36 deg.31'00.8" N. lat.), and proceeds due east to the point of
intersection with the outward boundary of the EEZ as specified in the
Magnuson-Stevens Act.
(c) South Atlantic and Gulf of Mexico Councils. The boundary
coincides with the line of demarcation between the Atlantic Ocean and
the Gulf of Mexico, which begins at the intersection of the outer
boundary of the EEZ, as specified in the Magnuson-Stevens Act, and
83 deg.00' W. long., proceeds northward along that meridian to
24 deg.35' N. lat., (near the Dry Tortugas Islands), thence eastward
along that parallel, through Rebecca Shoal and the Quicksand Shoal, to
the Marquesas Keys, and then
[[Page 13]]
through the Florida Keys to the mainland at the eastern end of Florida
Bay, the line so running that the narrow waters within the Dry Tortugas
Islands, the Marquesas Keys and the Florida Keys, and between the
Florida Keys and the mainland, are within the Gulf of Mexico.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.110 Intercouncil fisheries.
If any fishery extends beyond the geographical area of authority of
any one Council, the Secretary may--
(a) Designate a single Council to prepare the FMP for such fishery
and any amendments to such FMP, in consultation with the other Councils
concerned; or
(b) Require that the FMP and any amendments be prepared jointly by
all the Councils concerned.
(1) A jointly prepared FMP or amendment must be adopted by a
majority of the voting members, present and voting, of each
participating Council. Different conservation and management measures
may be developed for specific geographic areas, but the FMP should
address the entire geographic range of the stock(s).
(2) In the case of joint FMP or amendment preparation, one Council
will be designated as the ``administrative lead.'' The ``administrative
lead'' Council is responsible for the preparation of the FMP or any
amendments and other required documents for submission to the Secretary.
(3) None of the Councils involved in joint preparation may withdraw
without Secretarial approval. If Councils cannot agree on approach or
management measures within a reasonable period of time, the Secretary
may designate a single Council to prepare the FMP or may issue the FMP
under Secretarial authority.
Sec. 600.115 Statement of organization, practices, and procedures (SOPP).
(a) Councils are required to publish and make available to the
public a SOPP in accordance with such uniform standards as are
prescribed by the Secretary (section 302(f)(6)) of the Magnuson-Stevens
Act. The purpose of the SOPP is to inform the public how the Council
operates within the framework of the Secretary's uniform standards.
(b) Amendments to current SOPPs must be consistent with the
guidelines in this section and the terms and conditions of the
cooperative agreement, the statutory requirements of the Magnuson-
Stevens Act and other applicable law. Upon approval of a Council's SOPP
amendment by the Secretary, a Notice of Availability will be published
in the Federal Register, including an address where the public may write
to request copies.
(c) Councils may deviate, where lawful, from the guidelines with
appropriate supporting rationale, and Secretarial approval of each
amendment to a SOPP would constitute approval of any such deviations for
that particular Council.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.120 Employment practices.
Council members (except for Federal Government officials) and staff
are not Federal employees subject to OPM regulations. Council staffing
practices are set forth in each Council's SOPP.
Sec. 600.125 Budgeting, funding, and accounting.
Each Council's grant activities are governed by OMB Circular A-110
(Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and other Non-Profit
Organizations), OMB Circular A-122 (Cost Principles for Non-Profit
Organizations), 15 CFR Part 29b (Audit Requirements for Institutions of
Higher Education and Other Nonprofit Organizations), and the terms and
conditions of the cooperative agreement. (See 5 CFR 1310.3 for
availability of OMB Circulars.)
Sec. 600.130 Protection of confidentiality of statistics.
Each Council must establish appropriate procedures for ensuring the
confidentiality of the statistics that may be submitted to it by Federal
or state authorities and may be voluntarily submitted to it by private
persons, including, but not limited to (also see Sec. 600.405):
[[Page 14]]
(a) Procedures for the restriction of Council member, employee, or
advisory group access and the prevention of conflicts of interest,
except that such procedures must be consistent with procedures of the
Secretary.
(b) In the case of statistics submitted to the Council by a state,
the confidentiality laws and regulations of that state.
Subpart C--Council Membership
Sec. 600.205 Principal state officials and their designees.
(a) Only a full-time state employee of the state agency responsible
for marine and/or anadromous fisheries shall be designated by a
constituent state Governor as the principal state official for purposes
of section 302(b) of the Magnuson-Stevens Act. New or revised
designations by state Governors of principal state officials, and new or
revised designations by principal state officials of their designees(s),
must be delivered in writing to the appropriate NMFS Regional
Administrator at least 48 hours before the individual may vote on any
issue before the Council. Written designation(s) must indicate the
employment status of each principal state official and that of his/her
designee(s), how the official or designee is employed by the state
fisheries agency, where each individual is employed (business address
and telephone number), and whether the official's full salary is paid by
the state.
(b) A principal state official may name his/her designee(s) to act
on his/her behalf at Council meetings. Individuals designated to serve
as designees of a principal state official on a Council, pursuant to
section 302(b)(1)(A) of the Magnuson-Stevens Act, must be full time
state employees involved in the development of fisheries management
policies for that state.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.210 Terms of Council members.
(a) Voting members (other than principal state officials, the
Regional Administrators, or their designees) are appointed for a term of
3 years and, except as discussed in paragraphs (b) and (c) of this
section, may be reappointed. A voting member's Council service of 18
months or more during a term of office will be counted as service for
the entire 3-year term.
(b) The anniversary date for measuring terms of membership is August
11. The Secretary may designate a term of appointment shorter than 3
years, if necessary, to provide for balanced expiration of terms of
office. Members may not serve more than three consecutive terms.
(c) A member appointed after January 1, 1986, who has completed
three consecutive terms will be eligible for appointment to another term
one full year after completion of the third consecutive term.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]
Sec. 600.215 Appointments.
(a) Members appointed from Governors' lists. This paragraph applies
to council members selected by the Secretary from lists submitted by
Governors pursuant to section 302(b)(2)(C) of the Magnuson-Stevens Act.
(1) Each year, terms of approximately one-third of the appointed
members of each Council expire. New members will be appointed, or seated
members will be reappointed to another term, by the Secretary to fill
the seats being vacated. The Secretary will select the appointees from
lists of nominees submitted by March 15 of each year by the Governors of
the constituent states that are eligible to nominate candidates for that
vacancy. When an appointed member vacates his/her seat prior to the
expiration of his/her term, the Secretary will fill the vacancy for the
remainder of the term by selecting from among the nominees submitted by
the responsible Governor(s).
(2) A Governor must submit the names of at least three qualified
nominees for each applicable vacancy.
(3) Governors are responsible for ensuring that persons nominated
for appointment meet the qualification requirements of the Magnuson-
Stevens Act. A Governor must provide a statement explaining how each of
his or her
[[Page 15]]
nominees meets the qualification requirements; and must provide
appropriate documentation to the Secretary that each nomination was made
in consultation with commercial and recreational fishing interests of
that state, and that each nominee is knowledgeable and experienced, by
reason of his or her occupational or other experience, scientific
expertise, or training, in one or more of the following ways related to
the fishery resources of the geographical area of concern to the
Council:
(i) Commercial fishing or the processing or marketing of fish, fish
products, or fishing equipment;
(ii) Fishing for pleasure, relaxation, or consumption, or experience
in any business supporting fishing;
(iii) Leadership in a state, regional, or national organization
whose members participate in a fishery in the Council's area of
authority;
(iv) The management and conservation of natural resources, including
related interactions with industry, government bodies, academic
institutions, and public agencies. This includes experience serving as a
member of a Council, AP, SSC, or FIAC;
(v) Representing consumers of fish or fish products through
participation in local, state, or national organizations, or performing
other activities specifically related to the education or protection of
consumers of marine resources; and
(vi) Teaching, journalism, writing, consulting, legal practice, or
researching matters related to fisheries, fishery management, and marine
resource conservation.
(4) To assist in identifying necessary qualifications, each nominee
must furnish to the appropriate Governor's office a current resume, or
equivalent, describing career history--with particular attention to
experience related to the above criteria. Nominees may provide such
information in any format they wish. Career and educational history
information sent to the Governors should also be sent to the NMFS Office
of Sustainable Fisheries.
(5) The Secretary will review each list submitted by a Governor to
ascertain if the individuals on the list are qualified for the vacancy
on the basis of the criteria prescribed in paragraph (c) of this
section. If the Secretary determines that any nominee is not qualified,
the Secretary will notify the appropriate Governor of that
determination. The Governor shall then submit a revised list or resubmit
the original list with an additional explanation of the qualifications
of the nominee in question. The Secretary reserves the right to
determine whether nominees are qualified.
(6) There are two categories of seats to which voting members are
appointed: ``obligatory'' and ``at-large.''
(i) Each constituent state is entitled to one seat on the Council on
which it is a member, except that Alaska is entitled to five seats and
Washington is entitled to two seats on the North Pacific Fishery
Management Council. When the term of a state's obligatory member is
expiring, or that seat becomes vacant before the expiration of its term,
the Governor of that state must submit the names of at least three
qualified individuals to fill that seat. In order to fill a state's
obligatory seat, the Secretary may select from any of the nominees for
such obligatory seat and from the nominees for any at-large seat
submitted by the Governor of that state. If a Governor fails to provide
a list of at least three qualified nominees for a seat obligated to that
Governor's state, then the state's obligatory seat will remain vacant
until three qualified nominees are submitted by the Governor and acted
upon by the Secretary.
(ii) Prior to submitting nominees for appointment to a Council, a
constituent state Governor must determine if each of his or her nominees
is a resident of that constituent state. A State Governor may not
nominate a non-resident of that state for appointment to a Council seat
obligated to that state. If, at any time during a term, an appointee to
an obligatory seat changes residency to another state that is not a
constituent state of that Council, the member may no longer vote as a
representative of that state and must resign from that obligated seat.
For purposes of this paragraph (f)(2), a state resident is an individual
who maintains his/her principal residence within that constituent state
and, if applicable,
[[Page 16]]
pays income taxes to that state and/or to another appropriate
jurisdiction within that state.
(7) When the term of an at-large member is expiring, or that seat
becomes vacant before the expiration of a term, the Governors of all
constituent states of that Council must each submit the names of at
least three qualified individuals to fill that seat.
(i) In order to fill an at-large seat, the Secretary may select a
nominee for that seat submitted by any Governor of a constituent state.
When the terms of both an obligatory member and an at-large member
expire concurrently, the Governor of the state holding the expiring
obligatory seat may indicate that the nominees who were not selected for
appointment to the obligatory seat may be considered for appointment to
an at-large seat, provided that the resulting total number of nominees
submitted by that Governor for the expiring at-large seat is no fewer
than three.
(ii) If a Governor fails to submit a list of three qualified
nominees for an available at-large seat within the time allotted, then a
new at-large member will be appointed from lists of qualified nominees
submitted by Governors of other constituent states.
(iii) If a Governor chooses to submit nominations for one or more
vacant at-large seats on a Council, he or she must submit lists that
contain at least three different nominees for each vacant seat. In
making selections to each of the available at-large seats, the Secretary
will consider all names submitted by the constituent state governors.
(iv) In filling expiring at-large seats, the Secretary will consider
only complete slates of nominees submitted by the Governors of the
Council's constituent states. If nominations are requested to fill more
than one at-large seat and a Governor elects to nominate a total of four
candidates, (i.e., a slate of three candidates for one seat and one for
the other(s)), the set of three candidates will be considered only for
the first seat, but the two candidates who were not selected will not be
considered for the other(s). In this case, the only candidates
considered for the other seat(s) would be derived from the slates
offered by the Governors of the other states that included three
different qualified candidates (i.e., candidates who were not considered
for one of the other seats).
(v) Governors may nominate residents of another constituent state of
a Council for appointment to an at-large seat on that Council.
(vi) The Secretary must, to the extent practicable, ensure a fair
and balanced apportionment, on a rotating or other basis, of the active
participants (or their representatives) in the commercial and
recreational fisheries in the Council's area of authority. Further, the
Secretary must take action to ensure, to the extent practicable, that
those persons dependent for their livelihood upon the fisheries in the
Council's area of authority are fairly represented as voting members.
(b) Tribal Member. This paragraph applies to the selection of the
Pacific Fishery Management Council's tribal member as required by
section 302(b)(5) of the Magnuson-Stevens Act.
(1) The Secretary shall appoint to the Pacific Fishery Management
Council one representative of an Indian tribe with federally recognized
fishing rights from California, Oregon, Washington, or Idaho from a list
of not less than three individuals submitted by the tribal Governments.
(2) The Secretary shall solicit nominations of individuals for the
list referred to in paragraph (b)(1) of this section only from those
Indian tribes with federally recognized fishing rights from California,
Oregon, Washington, or Idaho. The Secretary will consult with the Bureau
of Indian Affairs, Department of the Interior, to determine which Indian
tribes may submit nominations.
(3) To assist in assessing the qualifications of each nominee, each
tribal government must furnish to the NMFS Office of Sustainable
Fisheries a current resume, or equivalent, describing the nominee's
qualifications with emphasis on knowledge and experience related to the
fishery resources affected by recommendations of the Pacific Council.
Prior service on the Council in a different capacity will not disqualify
nominees proposed by tribal governments.
[[Page 17]]
(4) Nominations must be provided to NMFS by March 15 of the year in
which the term of the current tribal member expires.
(5) The Secretary shall rotate the appointment among the tribes
taking into consideration:
(i) The qualifications of the individuals on the list referred to in
paragraph (b)(1) of this section.
(ii) The various rights of the Indian tribes involved and judicial
cases that set out how those rights are to be exercised.
(iii) The geographic area in which the tribe of the representative
is located.
(iv) No tribal representative shall serve more than three
consecutive terms in the Indian tribal seat.
(6) Any vacancy occurring prior to the expiration of any term shall
be filled in the same manner as described above except that the
Secretary may use the list referred to in paragraph (b)(1) of this
section from which the vacating member was chosen.
[61 FR 32540, June 24, 1996, as amended at 62 FR 47586, Sept. 10, 1997;
63 FR 7073, 7075, Feb. 12, 1998]
Sec. 600.220 Oath of office.
Each member appointed to a Council must take an oath of office.
Sec. 600.225 Rules of conduct.
(a) Council members, as Federal office holders, and Council
employees are subject to most Federal criminal statutes covering
bribery, conflict-of-interest, disclosure of confidential information,
and lobbying with appropriated funds.
(b) The Councils are responsible for maintaining high standards of
ethical conduct among themselves, their staffs, and their advisory
groups. In addition to abiding by the applicable Federal conflict of
interest statutes, both members and employees of the Councils must
comply with the following standards of conduct:
(1) No employee of a Council may use his or her official authority
or influence derived from his or her position with the Council for the
purpose of interfering with or affecting the result of an election to or
a nomination for any national, state, county, or municipal elective
office.
(2) No employee of a Council may be deprived of employment,
position, work, compensation, or benefit provided for or made possible
by the Magnuson-Stevens Act on account of any political activity or lack
of such activity in support of or in opposition to any candidate or any
political party in any national, state, county, or municipal election,
or on account of his or her political affiliation.
(3) No Council member or employee may pay, offer, promise, solicit,
or receive from any person, firm, or corporation a contribution of money
or anything of value in consideration of either support or the use of
influence or the promise of support or influence in obtaining for any
person any appointive office, place, or employment under the Council.
(4) No employee of a Council may have a direct or indirect financial
interest that conflicts with the fair and impartial conduct of his or
her Council duties. However, an Executive Director may retain a
financial interest in harvesting, processing or marketing activities,
and participate in matters of general public concern on the Council that
might affect that interest, if that interest has been disclosed in a
report filed under Sec. 600.235.
(5) No Council member, employee of a Council, or member of a Council
advisory group may use or allow the use, for other than official
purposes, of information obtained through or in connection with his or
her Council employment that has not been made available to the general
public.
(6) No Council member or employee of the Council may engage in
criminal, infamous, dishonest, notoriously immoral, or disgraceful
conduct.
(7) No Council member or employee of the Council may use Council
property on other than official business. Such property must be
protected and preserved from improper or deleterious operation or use.
(8) No Council member may participate--
(i) Personally and substantially as a member through decision,
approval, disapproval, recommendation, the rendering of advice,
investigation, or otherwise in a particular matter primarily
[[Page 18]]
of individual concern, such as a contract, in which he or she has a
financial interest; or
(ii) In any matter of general public concern that is likely to have
a direct and predictable effect on a member's financial interest, unless
that interest is in harvesting, processing, or marketing activities and
has been disclosed in a report filed under Sec. 600.235. For purposes of
this section, the member's financial interest includes that of the
member's spouse; minor child; partner; organization in which the member
is serving as officer, director, trustee, partner or employee; or any
person or organization with whom the member is negotiating or has any
arrangement concerning prospective employment.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.230 Removal.
The Secretary may remove for cause any Secretarially appointed
member of a Council in accordance with section 302(b)(6) of the
Magnuson-Stevens Act, wherein the Council concerned first recommends
removal of that member by not less than two-thirds of the voting
members. A recommendation of a Council to remove a member must be made
in writing to the Secretary and accompanied by a statement of the
reasons upon which the recommendation is based.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]
Sec. 600.235 Financial disclosure.
(a) The Magnuson-Stevens Act requires the disclosure by each Council
nominee, voting member appointed to the Council by the Secretary, and
Executive Director, of any financial interest of the reporting
individual in any harvesting, processing, or marketing activity that is
being, or will be, undertaken within any fishery under the authority of
the individual's Council, and of any such financial interest of the
reporting individual's spouse, minor child, partner, or any organization
(other than the Council) in which that individual is serving as an
officer, director, trustee, partner, or employee. The information
required to be reported must be disclosed on NOAA Form 88-195,
``Statement of Financial Interests for Use by Voting Members, Nominees,
and Executive Directors of Regional Fishery Management Councils''
(Financial Interest Form), or such other form as the Secretary may
prescribe. The report must be filed by each nominee for Secretarial
appointment with the Assistant Administrator by April 15 or, if
nominated after March 15, 1 month after nomination by the Governor. A
seated voting member appointed by the Secretary, or an Executive
Director, must file a Financial Interest Form within 45 days of taking
office; must update his or her statement within 30 days of acquiring any
such financial interest, or of substantially changing a financial
interest; and must update his/her statement annually and file that
update by February 1 of each year with the Executive Director of the
appropriate Council, and concurrently provide copies of such documents
to the NMFS Regional Administrator for the geographic area concerned.
The completed Financial Interest Forms will be kept on file, and made
available for public inspection at reasonable hours at the Council
offices. In addition, the statements will be made available at each
public Council meeting or hearing.
(b) The provisions of 18 U.S.C. 208 do not apply to an individual
who has filed a financial report under this section regarding an
interest that has been reported.
(c) By February 1 of each year, Councils must forward copies of the
completed disclosure from each current Council member and Executive
Director to the Director, Office of Sustainable Fisheries, NMFS.
Councils must also include any updates in disclosures, as well as
revisions required for changes of interests.
(d) Councils must retain the disclosure forms for each member for at
least 5 years after the expiration of that member's last term.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, 7075, Feb. 12,
1998]
Sec. 600.240 Security assurances.
(a) DOC/OS will issue security assurances to Council nominees and
members following completion of background checks. Security assurances
[[Page 19]]
will be valid for 5 years from the date of issuance. A security
assurance will not entitle the member to access classified data. In
instances in which Council members may need to discuss, at closed
meetings, materials classified for national security purposes, the
agency or individual (e.g., DOS, USCG) providing such classified
information will be responsible for ensuring that Council members and
other attendees have the appropriate security clearances.
(b) Each nominee to a Council is required to complete a
Certification of Status form (``form''). All nominees must certify,
pursuant to the Foreign Agents Registration Act of 1938, whether they
serve as an agent of a foreign principal. Each nominee must certify,
date, sign, and return the form with his or her completed nomination
kit. Nominees will not be considered for appointment to a Council if
they have not filed this form. Any nominee who currently is an agent of
a foreign principal will not be eligible for appointment to a Council,
and therefore should not be nominated by a Governor for appointment.
Sec. 600.245 Council member compensation.
(a) The obligatory and at-large voting members of each Council
appointed under section 302(b)(1)(C) of the Magnuson-Stevens Act who are
not employed by the Federal Government or any state or local government
(i.e., any member who does not receive compensation from any such
government for the period when performing duties as a Council member)
shall receive compensation at 1.2 times the daily rate for a GS-15 (Step
1) of the General Schedule (without locality pay) when engaged in actual
performance of duties as assigned by the Chair of the Council. Actual
performance of duties, for the purposes of compensation, may include
travel time.
(b) All voting Council members whose eligibility for compensation
has been established in accordance with NOAA guidelines will be paid
through the cooperative agreement as a direct line item on a contractual
basis without deductions being made for Social Security or Federal and
state income taxes. A report of compensation will be furnished each year
by the member's Council to the proper Regional Program Officer, as
required by the Internal Revenue Service. Such compensation may be paid
on a full day's basis, whether in excess of 8 hours a day or less than 8
hours a day. The time is compensable where the individual member is
required to expend a significant private effort that substantially
disrupts the daily routine to the extent that a work day is lost to the
member. ``Homework'' time in preparation for formal Council meetings is
not compensable.
(c) Non-government Council members receive compensation for:
(1) Days spent in actual attendance at a meeting of the Council or
jointly with another Council.
(2) Travel on the day preceding or following a scheduled meeting
that precluded the member from conducting his normal business on the day
in question.
(3) Meetings of standing committees of the Council if approved in
advance by the Chair.
(4) Individual member meeting with scientific and technical
advisors, when approved in advance by the Chair and a substantial
portion of any day is spent at the meeting.
(5) Conducting or attending hearings, when authorized in advance by
the Chair.
(6) Other meetings involving Council business when approved in
advance by the Chair.
(d) The Executive Director of each Council must submit to the
appropriate Regional Office annually a report, approved by the Council
Chair, of Council member compensation authorized. This report shall
identify, for each member, amount paid, dates, and location and purpose
of meetings attended.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Subpart D--National Standards
Sec. 600.305 General.
(a) Purpose. (1) This subpart establishes guidelines, based on the
national standards, to assist in the development and review of FMPs,
amendments, and
[[Page 20]]
regulations prepared by the Councils and the Secretary.
(2) In developing FMPs, the Councils have the initial authority to
ascertain factual circumstances, to establish management objectives, and
to propose management measures that will achieve the objectives. The
Secretary will determine whether the proposed management objectives and
measures are consistent with the national standards, other provisions of
the Magnuson-Stevens Act, and other applicable law. The Secretary has an
obligation under section 301(b) of the Magnuson-Stevens Act to inform
the Councils of the Secretary's interpretation of the national standards
so that they will have an understanding of the basis on which FMPs will
be reviewed.
(3) The national standards are statutory principles that must be
followed in any FMP. The guidelines summarize Secretarial
interpretations that have been, and will be, applied under these
principles. The guidelines are intended as aids to decisionmaking; FMPs
formulated according to the guidelines will have a better chance for
expeditious Secretarial review, approval, and implementation. FMPs that
are in substantial compliance with the guidelines, the Magnuson-Stevens
Act, and other applicable law must be approved.
(b) Fishery management objectives. (1) Each FMP, whether prepared by
a Council or by the Secretary, should identify what the FMP is designed
to accomplish (i.e., the management objectives to be attained in
regulating the fishery under consideration). In establishing objectives,
Councils balance biological constraints with human needs, reconcile
present and future costs and benefits, and integrate the diversity of
public and private interests. If objectives are in conflict, priorities
should be established among them.
(2) How objectives are defined is important to the management
process. Objectives should address the problems of a particular fishery.
The objectives should be clearly stated, practicably attainable, framed
in terms of definable events and measurable benefits, and based upon a
comprehensive rather than a fragmentary approach to the problems
addressed. An FMP should make a clear distinction between objectives and
the management measures chosen to achieve them. The objectives of each
FMP provide the context within which the Secretary will judge the
consistency of an FMP's conservation and management measures with the
national standards.
(c) Word usage. The word usage refers to all regulations in this
subpart.
(1) Must is used, instead of ``shall'', to denote an obligation to
act; it is used primarily when referring to requirements of the
Magnuson-Stevens Act, the logical extension thereof, or of other
applicable law.
(2) Shall is used only when quoting statutory language directly, to
avoid confusion with the future tense.
(3) Should is used to indicate that an action or consideration is
strongly recommended to fulfill the Secretary's interpretation of the
Magnuson-Stevens Act, and is a factor reviewers will look for in
evaluating a SOPP or FMP.
(4) May is used in a permissive sense.
(5) May not is proscriptive; it has the same force as ``must not.''
(6) Will is used descriptively, as distinguished from denoting an
obligation to act or the future tense.
(7) Could is used when giving examples, in a hypothetical,
permissive sense.
(8) Can is used to mean ``is able to,'' as distinguished from
``may.''
(9) Examples are given by way of illustration and further
explanation. They are not inclusive lists; they do not limit options.
(10) Analysis, as a paragraph heading, signals more detailed
guidance as to the type of discussion and examination an FMP should
contain to demonstrate compliance with the standard in question.
(11) Council includes the Secretary, as applicable, when preparing
FMPs or amendments under section 304(c) and (g) of the Magnuson-Stevens
Act.
(12) Stock or stock complex is used as a synonym for ``fishery'' in
the sense of the Magnuson-Stevens Act's first definition of the term;
that is, as ``one or more stocks of fish that can be treated as a unit
for purposes of conservation
[[Page 21]]
and management and that are identified on the basis of geographic,
scientific, technical, recreational, or economic characteristics,'' as
distinguished from the Magnuson-Stevens Act's second definition of
fishery as ``any fishing for such stocks.''
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63
FR 24229, May 1, 1998]
Sec. 600.310 National Standard 1--Optimum Yield.
(a) Standard 1. Conservation and management measures shall prevent
overfishing while achieving, on a continuing basis, the OY from each
fishery for the U.S. fishing industry.
(b) General. The determination of OY is a decisional mechanism for
resolving the Magnuson-Stevens Act's multiple purposes and policies,
implementing an FMP's objectives, and balancing the various interests
that comprise the national welfare. OY is based on MSY, or on MSY as it
may be reduced under paragraph (f)(3) of this section. The most
important limitation on the specification of OY is that the choice of OY
and the conservation and management measures proposed to achieve it must
prevent overfishing.
(c) MSY. Each FMP should include an estimate of MSY as explained in
this section.
(1) Definitions. (i) ``MSY'' is the largest long-term average catch
or yield that can be taken from a stock or stock complex under
prevailing ecological and environmental conditions.
(ii) ``MSY control rule'' means a harvest strategy which, if
implemented, would be expected to result in a long-term average catch
approximating MSY.
(iii) ``MSY stock size'' means the long-term average size of the
stock or stock complex, measured in terms of spawning biomass or other
appropriate units, that would be achieved under an MSY control rule in
which the fishing mortality rate is constant.
(2) Options in specifying MSY. (i) Because MSY is a theoretical
concept, its estimation in practice is conditional on the choice of an
MSY control rule. In choosing an MSY control rule, Councils should be
guided by the characteristics of the fishery, the FMP's objectives, and
the best scientific information available. The simplest MSY control rule
is to remove a constant catch in each year that the estimated stock size
exceeds an appropriate lower bound, where this catch is chosen so as to
maximize the resulting long-term average yield. Other examples include
the following: Remove a constant fraction of the biomass in each year,
where this fraction is chosen so as to maximize the resulting long-term
average yield; allow a constant level of escapement in each year, where
this level is chosen so as to maximize the resulting long-term average
yield; vary the fishing mortality rate as a continuous function of stock
size, where the parameters of this function are constant and chosen so
as to maximize the resulting long-term average yield. In any MSY control
rule, a given stock size is associated with a given level of fishing
mortality and a given level of potential harvest, where the long-term
average of these potential harvests provides an estimate of MSY.
(ii) Any MSY values used in determining OY will necessarily be
estimates, and these will typically be associated with some level of
uncertainty. Such estimates must be based on the best scientific
information available (see Sec. 600.315) and must incorporate
appropriate consideration of risk (see Sec. 600.335). Beyond these
requirements, however, Councils have a reasonable degree of latitude in
determining which estimates to use and how these estimates are to be
expressed. For example, a point estimate of MSY may be expressed by
itself or together with a confidence interval around that estimate.
(iii) In the case of a mixed-stock fishery, MSY should be specified
on a stock-by-stock basis. However, where MSY cannot be specified for
each stock, then MSY may be specified on the basis of one or more
species as an indicator for the mixed stock as a whole or for the
fishery as a whole.
(iv) Because MSY is a long-term average, it need not be estimated
annually, but it must be based on the best scientific information
available, and should be re-estimated as required by changes in
environmental or ecological
[[Page 22]]
conditions or new scientific information.
(3) Alternatives to specifying MSY. When data are insufficient to
estimate MSY directly, Councils should adopt other measures of
productive capacity that can serve as reasonable proxies for MSY, to the
extent possible. Examples include various reference points defined in
terms of relative spawning per recruit. For instance, the fishing
mortality rate that reduces the long-term average level of spawning per
recruit to 30-40 percent of the long-term average that would be expected
in the absence of fishing may be a reasonable proxy for the MSY fishing
mortality rate. The long-term average stock size obtained by fishing
year after year at this rate under average recruitment may be a
reasonable proxy for the MSY stock size, and the long-term average catch
so obtained may be a reasonable proxy for MSY. The natural mortality
rate may also be a reasonable proxy for the MSY fishing mortality rate.
If a reliable estimate of pristine stock size (i.e., the long-term
average stock size that would be expected in the absence of fishing) is
available, a stock size approximately 40 percent of this value may be a
reasonable proxy for the MSY stock size, and the product of this stock
size and the natural mortality rate may be a reasonable proxy for MSY.
(d) Overfishing--(1) Definitions. (i) ``To overfish'' means to fish
at a rate or level that jeopardizes the capacity of a stock or stock
complex to produce MSY on a continuing basis.
(ii) ``Overfishing'' occurs whenever a stock or stock complex is
subjected to a rate or level of fishing mortality that jeopardizes the
capacity of a stock or stock complex to produce MSY on a continuing
basis.
(iii) In the Magnuson-Stevens Act, the term ``overfished'' is used
in two senses: First, to describe any stock or stock complex that is
subjected to a rate or level of fishing mortality meeting the criterion
in paragraph (d)(1)(i) of this section, and second, to describe any
stock or stock complex whose size is sufficiently small that a change in
management practices is required in order to achieve an appropriate
level and rate of rebuilding. To avoid confusion, this section uses
``overfished'' in the second sense only.
(2) Specification of status determination criteria. Each FMP must
specify, to the extent possible, objective and measurable status
determination criteria for each stock or stock complex covered by that
FMP and provide an analysis of how the status determination criteria
were chosen and how they relate to reproductive potential. Status
determination criteria must be expressed in a way that enables the
Council and the Secretary to monitor the stock or stock complex and
determine annually whether overfishing is occurring and whether the
stock or stock complex is overfished. In all cases, status determination
criteria must specify both of the following:
(i) A maximum fishing mortality threshold or reasonable proxy
thereof. The fishing mortality threshold may be expressed either as a
single number or as a function of spawning biomass or other measure of
productive capacity. The fishing mortality threshold must not exceed the
fishing mortality rate or level associated with the relevant MSY control
rule. Exceeding the fishing mortality threshold for a period of 1 year
or more constitutes overfishing.
(ii) A minimum stock size threshold or reasonable proxy thereof. The
stock size threshold should be expressed in terms of spawning biomass or
other measure of productive capacity. To the extent possible, the stock
size threshold should equal whichever of the following is greater: One-
half the MSY stock size, or the minimum stock size at which rebuilding
to the MSY level would be expected to occur within 10 years if the stock
or stock complex were exploited at the maximum fishing mortality
threshold specified under paragraph (d)(2)(i) of this section. Should
the actual size of the stock or stock complex in a given year fall below
this threshold, the stock or stock complex is considered overfished.
(3) Relationship of status determination criteria to other national
standards--(i) National standard 2. Status determination criteria must
be based on the best scientific information available (see
Sec. 600.315). When data are insufficient to estimate MSY, Councils
should base
[[Page 23]]
status determination criteria on reasonable proxies thereof to the
extent possible (also see paragraph (c)(3) of this section). In cases
where scientific data are severely limited, effort should also be
directed to identifying and gathering the needed data.
(ii) National standard 3. The requirement to manage interrelated
stocks of fish as a unit or in close coordination notwithstanding (see
Sec. 600.320), status determination criteria should generally be
specified in terms of the level of stock aggregation for which the best
scientific information is available (also see paragraph (c)(2)(iii) of
this section).
(iii) National standard 6. Councils must build into the status
determination criteria appropriate consideration of risk, taking into
account uncertainties in estimating harvest, stock conditions, life
history parameters, or the effects of environmental factors (see
Sec. 600.335).
(4) Relationship of status determination criteria to environmental
change. Some short-term environmental changes can alter the current size
of a stock or stock complex without affecting the long-term productive
capacity of the stock or stock complex. Other environmental changes
affect both the current size of the stock or stock complex and the long-
term productive capacity of the stock or stock complex.
(i) If environmental changes cause a stock or stock complex to fall
below the minimum stock size threshold without affecting the long-term
productive capacity of the stock or stock complex, fishing mortality
must be constrained sufficiently to allow rebuilding within an
acceptable time frame (also see paragraph (e)(4)(ii) of this section).
Status determination criteria need not be respecified.
(ii) If environmental changes affect the long-term productive
capacity of the stock or stock complex, one or more components of the
status determination criteria must be respecified. Once status
determination criteria have been respecified, fishing mortality may or
may not have to be reduced, depending on the status of the stock or
stock complex with respect to the new criteria.
(iii) If manmade environmental changes are partially responsible for
a stock or stock complex being in an overfished condition, in addition
to controlling effort, Councils should recommend restoration of habitat
and other ameliorative programs, to the extent possible (see also the
guidelines issued pursuant to section 305(b) of the Magnuson-Stevens Act
for Council actions concerning essential fish habitat).
(5) Secretarial approval of status determination criteria.
Secretarial approval or disapproval of proposed status determination
criteria will be based on consideration of whether the proposal:
(i) Has sufficient scientific merit.
(ii) Contains the elements described in paragraph (d)(2) of this
section.
(iii) Provides a basis for objective measurement of the status of
the stock or stock complex against the criteria.
(iv) Is operationally feasible.
(6) Exceptions. There are certain limited exceptions to the
requirement to prevent overfishing. Harvesting one species of a mixed-
stock complex at its optimum level may result in the overfishing of
another stock component in the complex. A Council may decide to permit
this type of overfishing only if all of the following conditions are
satisfied:
(i) It is demonstrated by analysis (paragraph (f)(6) of this
section) that such action will result in long-term net benefits to the
Nation.
(ii) It is demonstrated by analysis that mitigating measures have
been considered and that a similar level of long-term net benefits
cannot be achieved by modifying fleet behavior, gear selection/
configuration, or other technical characteristic in a manner such that
no overfishing would occur.
(iii) The resulting rate or level of fishing mortality will not
cause any species or evolutionarily significant unit thereof to require
protection under the ESA.
(e) Ending overfishing and rebuilding overfished stocks-- (1)
Definition. A threshold, either maximum fishing mortality or minimum
stock size, is being ``approached'' whenever it is projected that the
threshold will be breached within 2 years, based on trends in fishing
effort, fishery resource size, and other appropriate factors.
[[Page 24]]
(2) Notification. The Secretary will immediately notify a Council
and request that remedial action be taken whenever the Secretary
determines that:
(i) Overfishing is occurring;
(ii) A stock or stock complex is overfished;
(iii) The rate or level of fishing mortality for a stock or stock
complex is approaching the maximum fishing mortality threshold;
(iv) A stock or stock complex is approaching its minimum stock size
threshold; or
(v) Existing remedial action taken for the purpose of ending
previously identified overfishing or rebuilding a previously identified
overfished stock or stock complex has not resulted in adequate progress.
(3) Council action. Within 1 year of such time as the Secretary may
identify that overfishing is occurring, that a stock or stock complex is
overfished, or that a threshold is being approached, or such time as a
Council may be notified of the same under paragraph (e)(2) of this
section, the Council must take remedial action by preparing an FMP, FMP
amendment, or proposed regulations. This remedial action must be
designed to accomplish all of the following purposes that apply:
(i) If overfishing is occurring, the purpose of the action is to end
overfishing.
(ii) If the stock or stock complex is overfished, the purpose of the
action is to rebuild the stock or stock complex to the MSY level within
an appropriate time frame.
(iii) If the rate or level of fishing mortality is approaching the
maximum fishing mortality threshold (from below), the purpose of the
action is to prevent this threshold from being reached.
(iv) If the stock or stock complex is approaching the minimum stock
size threshold (from above), the purpose of the action is to prevent
this threshold from being reached.
(4) Constraints on Council action. (i) In cases where overfishing is
occurring, Council action must be sufficient to end overfishing.
(ii) In cases where a stock or stock complex is overfished, Council
action must specify a time period for rebuilding the stock or stock
complex that satisfies the requirements of section 304(e)(4)(A) of the
Magnuson-Stevens Act.
(A) A number of factors enter into the specification of the time
period for rebuilding:
(1) The status and biology of the stock or stock complex;
(2) Interactions between the stock or stock complex and other
components of the marine ecosystem (also referred to as ``other
environmental conditions'');
(3) The needs of fishing communities;
(4) Recommendations by international organizations in which the
United States participates; and
(5) Management measures under an international agreement in which
the United States participates.
(B) These factors enter into the specification of the time period
for rebuilding as follows:
(1) The lower limit of the specified time period for rebuilding is
determined by the status and biology of the stock or stock complex and
its interactions with other components of the marine ecosystem, and is
defined as the amount of time that would be required for rebuilding if
fishing mortality were eliminated entirely.
(2) If the lower limit is less than 10 years, then the specified
time period for rebuilding may be adjusted upward to the extent
warranted by the needs of fishing communities and recommendations by
international organizations in which the United States participates,
except that no such upward adjustment can result in the specified time
period exceeding 10 years, unless management measures under an
international agreement in which the United States participates dictate
otherwise.
(3) If the lower limit is 10 years or greater, then the specified
time period for rebuilding may be adjusted upward to the extent
warranted by the needs of fishing communities and recommendations by
international organizations in which the United States participates,
except that no such upward adjustment can exceed the rebuilding period
calculated in the absence of fishing mortality, plus one mean generation
time
[[Page 25]]
or equivalent period based on the species' life-history characteristics.
For example, suppose a stock could be rebuilt within 12 years in the
absence of any fishing mortality, and has a mean generation time of 8
years. The rebuilding period, in this case, could be as long as 20
years.
(C) A rebuilding program undertaken after May 1, 1998 commences as
soon as the first measures to rebuild the stock or stock complex are
implemented.
(D) In the case of rebuilding plans that were already in place as of
May 1, 1998, such rebuilding plans must be reviewed to determine whether
they are in compliance with all requirements of the Magnuson-Stevens
Act, as amended by the Sustainable Fisheries Act.
(iii) For fisheries managed under an international agreement,
Council action must reflect traditional participation in the fishery,
relative to other nations, by fishermen of the United States.
(5) Interim measures. The Secretary, on his/her own initiative or in
response to a Council request, may implement interim measures to reduce
overfishing under section 305(c) of the Magnuson-Stevens Act, until such
measures can be replaced by an FMP, FMP amendment, or regulations taking
remedial action.
(i) These measures may remain in effect for no more than 180 days,
but may be extended for an additional 180 days if the public has had an
opportunity to comment on the measures and, in the case of Council-
recommended measures, the Council is actively preparing an FMP, FMP
amendment, or proposed regulations to address overfishing on a permanent
basis. Such measures, if otherwise in compliance with the provisions of
the Magnuson-Stevens Act, may be implemented even though they are not
sufficient by themselves to stop overfishing of a fishery.
(ii) If interim measures are made effective without prior notice and
opportunity for comment, they should be reserved for exceptional
situations, because they affect fishermen without providing the usual
procedural safeguards. A Council recommendation for interim measures
without notice-and-comment rulemaking will be considered favorably if
the short-term benefits of the measures in reducing overfishing outweigh
the value of advance notice, public comment, and deliberative
consideration of the impacts on participants in the fishery.
(f) OY--(1) Definitions. (i) The term ``optimum,'' with respect to
the yield from a fishery, means the amount of fish that will provide the
greatest overall benefit to the Nation, particularly with respect to
food production and recreational opportunities and taking into account
the protection of marine ecosystems; that is prescribed on the basis of
the MSY from the fishery, as reduced by any relevant economic, social,
or ecological factor; and, in the case of an overfished fishery, that
provides for rebuilding to a level consistent with producing the MSY in
such fishery.
(ii) In national standard 1, use of the phrase ``achieving, on a
continuing basis, the OY from each fishery'' means producing, from each
fishery, a long-term series of catches such that the average catch is
equal to the average OY and such that status determination criteria are
met.
(2) Values in determination. In determining the greatest benefit to
the Nation, these values that should be weighed are food production,
recreational opportunities, and protection afforded to marine
ecosystems. They should receive serious attention when considering the
economic, social, or ecological factors used in reducing MSY to obtain
OY.
(i) The benefits of food production are derived from providing
seafood to consumers, maintaining an economically viable fishery
together with its attendant contributions to the national, regional, and
local economies, and utilizing the capacity of the Nation's fishery
resources to meet nutritional needs.
(ii) The benefits of recreational opportunities reflect the quality
of both the recreational fishing experience and non-consumptive fishery
uses such as ecotourism, fish watching, and recreational diving, and the
contribution of recreational fishing to the national, regional, and
local economies and food supplies.
(iii) The benefits of protection afforded to marine ecosystems are
those
[[Page 26]]
resulting from maintaining viable populations (including those of
unexploited species), maintaining evolutionary and ecological processes
(e.g., disturbance regimes, hydrological processes, nutrient cycles),
maintaining the evolutionary potential of species and ecosystems, and
accommodating human use.
(3) Factors relevant to OY. Because fisheries have finite
capacities, any attempt to maximize the measures of benefit described in
paragraph (f)(2) of this section will inevitably encounter practical
constraints. One of these is MSY. Moreover, various factors can
constrain the optimum level of catch to a value less than MSY. The
Magnuson-Stevens Act's definition of OY identifies three categories of
such factors: Social, economic, and ecological. Not every factor will be
relevant in every fishery. For some fisheries, insufficient information
may be available with respect to some factors to provide a basis for
corresponding reductions in MSY.
(i) Social factors. Examples are enjoyment gained from recreational
fishing, avoidance of gear conflicts and resulting disputes,
preservation of a way of life for fishermen and their families, and
dependence of local communities on a fishery. Other factors that may be
considered include the cultural place of subsistence fishing,
obligations under Indian treaties, and worldwide nutritional needs.
(ii) Economic factors. Examples are prudent consideration of the
risk of overharvesting when a stock's size or productive capacity is
uncertain, satisfaction of consumer and recreational needs, and
encouragement of domestic and export markets for U.S.-harvested fish.
Other factors that may be considered include the value of fisheries, the
level of capitalization, the decrease in cost per unit of catch afforded
by an increase in stock size, and the attendant increase in catch per
unit of effort, alternate employment opportunities, and economies of
coastal areas.
(iii) Ecological factors. Examples are stock size and age
composition, the vulnerability of incidental or unregulated stocks in a
mixed-stock fishery, predator-prey or competitive interactions, and
dependence of marine mammals and birds or endangered species on a stock
of fish. Also important are ecological or environmental conditions that
stress marine organisms, such as natural and manmade changes in wetlands
or nursery grounds, and effects of pollutants on habitat and stocks.
(4) Specification. (i) The amount of fish that constitutes the OY
should be expressed in terms of numbers or weight of fish. However, OY
may be expressed as a formula that converts periodic stock assessments
into target harvest levels; in terms of an annual harvest of fish or
shellfish having a minimum weight, length, or other measurement; or as
an amount of fish taken only in certain areas, in certain seasons, with
particular gear, or by a specified amount of fishing effort.
(ii) Either a range or a single value may be specified for OY.
Specification of a numerical, fixed-value OY does not preclude use of
annual target harvest levels that vary with stock size. Such target
harvest levels may be prescribed on the basis of an OY control rule
similar to the MSY control rule described in paragraph (c)(1)(ii) of
this section, but designed to achieve OY on average, rather than MSY.
The annual harvest level obtained under an OY control rule must always
be less than or equal to the harvest level that would be obtained under
the MSY control rule.
(iii) All fishing mortality must be counted against OY, including
that resulting from bycatch, scientific research, and any other fishing
activities.
(iv) The OY specification should be translatable into an annual
numerical estimate for the purposes of establishing any TALFF and
analyzing impacts of the management regime. There should be a mechanism
in the FMP for periodic reassessment of the OY specification, so that it
is responsive to changing circumstances in the fishery.
(v) The determination of OY requires a specification of MSY, which
may not always be possible or meaningful. However, even where sufficient
scientific data as to the biological characteristics of the stock do not
exist, or where
[[Page 27]]
the period of exploitation or investigation has not been long enough for
adequate understanding of stock dynamics, or where frequent large-scale
fluctuations in stock size diminish the meaningfulness of the MSY
concept, the OY must still be based on the best scientific information
available. When data are insufficient to estimate MSY directly, Councils
should adopt other measures of productive capacity that can serve as
reasonable proxies for MSY to the extent possible (also see paragraph
(c)(3) of this section).
(vi) In a mixed-stock fishery, specification of a fishery-wide OY
may be accompanied by management measures establishing separate annual
target harvest levels for the individual stocks. In such cases, the sum
of the individual target levels should not exceed OY.
(5) OY and the precautionary approach. In general, Councils should
adopt a precautionary approach to specification of OY. A precautionary
approach is characterized by three features:
(i) Target reference points, such as OY, should be set safely below
limit reference points, such as the catch level associated with the
fishing mortality rate or level defined by the status determination
criteria. Because it is a target reference point, OY does not constitute
an absolute ceiling, but rather a desired result. An FMP must contain
conservation and management measures to achieve OY, and provisions for
information collection that are designed to determine the degree to
which OY is achieved on a continuing basis--that is, to result in a
long-term average catch equal to the long-term average OY, while meeting
the status determination criteria. These measures should allow for
practical and effective implementation and enforcement of the management
regime, so that the harvest is allowed to reach OY, but not to exceed OY
by a substantial amount. The Secretary has an obligation to implement
and enforce the FMP so that OY is achieved. If management measures prove
unenforceable--or too restrictive, or not rigorous enough to realize
OY--they should be modified; an alternative is to reexamine the adequacy
of the OY specification. Exceeding OY does not necessarily constitute
overfishing. However, even if no overfishing resulted from exceeding OY,
continual harvest at a level above OY would violate national standard 1,
because OY was not achieved on a continuing basis.
(ii) A stock or stock complex that is below the size that would
produce MSY should be harvested at a lower rate or level of fishing
mortality than if the stock or stock complex were above the size that
would produce MSY.
(iii) Criteria used to set target catch levels should be explicitly
risk averse, so that greater uncertainty regarding the status or
productive capacity of a stock or stock complex corresponds to greater
caution in setting target catch levels. Part of the OY may be held as a
reserve to allow for factors such as uncertainties in estimates of stock
size and DAH. If an OY reserve is established, an adequate mechanism
should be included in the FMP to permit timely release of the reserve to
domestic or foreign fishermen, if necessary.
(6) Analysis. An FMP must contain an assessment of how its OY
specification was determined (section 303(a)(3) of the Magnuson-Stevens
Act). It should relate the explanation of overfishing in paragraph (d)
of this section to conditions in the particular fishery and explain how
its choice of OY and conservation and management measures will prevent
overfishing in that fishery. A Council must identify those economic,
social, and ecological factors relevant to management of a particular
fishery, then evaluate them to determine the amount, if any, by which
MSY exceeds OY. The choice of a particular OY must be carefully defined
and documented to show that the OY selected will produce the greatest
benefit to the Nation. If overfishing is permitted under paragraph
(d)(6) of this section, the assessment must contain a justification in
terms of overall benefits, including a comparison of benefits under
alternative management measures, and an analysis of the risk of any
species or ecologically significant unit thereof reaching a threatened
or endangered status, as well as the risk of any stock or stock complex
falling below its minimum stock size threshold.
(7) OY and foreign fishing. Section 201(d) of the Magnuson-Stevens
Act
[[Page 28]]
provides that fishing by foreign nations is limited to that portion of
the OY that will not be harvested by vessels of the United States.
(i) DAH. Councils must consider the capacity of, and the extent to
which, U.S. vessels will harvest the OY on an annual basis. Estimating
the amount that U.S. fishing vessels will actually harvest is required
to determine the surplus.
(ii) DAP. Each FMP must assess the capacity of U.S. processors. It
must also assess the amount of DAP, which is the sum of two estimates:
The estimated amount of U.S. harvest that domestic processors will
process, which may be based on historical performance or on surveys of
the expressed intention of manufacturers to process, supported by
evidence of contracts, plant expansion, or other relevant information;
and the estimated amount of fish that will be harvested by domestic
vessels, but not processed (e.g., marketed as fresh whole fish, used for
private consumption, or used for bait).
(iii) JVP. When DAH exceeds DAP, the surplus is available for JVP.
JVP is derived from DAH.
[63 FR 24229, May 1, 1998]
Sec. 600.315 National Standard 2--Scientific Information.
(a) Standard 2. Conservation and management measures shall be based
upon the best scientific information available.
(b) FMP development. The fact that scientific information concerning
a fishery is incomplete does not prevent the preparation and
implementation of an FMP (see related Secs. 600.320(d)(2) and
600.340(b).
(1) Scientific information includes, but is not limited to,
information of a biological, ecological, economic, or social nature.
Successful fishery management depends, in part, on the timely
availability, quality, and quantity of scientific information, as well
as on the thorough analysis of this information, and the extent to which
the information is applied. If there are conflicting facts or opinions
relevant to a particular point, a Council may choose among them, but
should justify the choice.
(2) FMPs must take into account the best scientific information
available at the time of preparation. Between the initial drafting of an
FMP and its submission for final review, new information often becomes
available. This new information should be incorporated into the final
FMP where practicable; but it is unnecessary to start the FMP process
over again, unless the information indicates that drastic changes have
occurred in the fishery that might require revision of the management
objectives or measures.
(c) FMP implementation. (1) An FMP must specify whatever information
fishermen and processors will be required or requested to submit to the
Secretary. Information about harvest within state boundaries, as well as
in the EEZ, may be collected if it is needed for proper implementation
of the FMP and cannot be obtained otherwise. The FMP should explain the
practical utility of the information specified in monitoring the
fishery, in facilitating inseason management decisions, and in judging
the performance of the management regime; it should also consider the
effort, cost, or social impact of obtaining it.
(2) An FMP should identify scientific information needed from other
sources to improve understanding and management of the resource, marine
ecosystem, and the fishery (including fishing communities).
(3) The information submitted by various data suppliers should be
comparable and compatible, to the maximum extent possible.
(d) FMP amendment. FMPs should be amended on a timely basis, as new
information indicates the necessity for change in objectives or
management measures.
(e) SAFE Report. (1) The SAFE report is a document or set of
documents that provides Councils with a summary of information
concerning the most recent biological condition of stocks and the marine
ecosystems in the FMU and the social and economic condition of the
recreational and commercial fishing interests, fishing communities, and
the fish processing industries. It summarizes, on a periodic basis, the
best available scientific information concerning the past, present, and
possible
[[Page 29]]
future condition of the stocks, marine ecosystems, and fisheries being
managed under Federal regulation.
(i) The Secretary has the responsibility to assure that a SAFE
report or similar document is prepared, reviewed annually, and changed
as necessary for each FMP. The Secretary or Councils may utilize any
combination of talent from Council, state, Federal, university, or other
sources to acquire and analyze data and produce the SAFE report.
(ii) The SAFE report provides information to the Councils for
determining annual harvest levels from each stock, documenting
significant trends or changes in the resource, marine ecosystems, and
fishery over time, and assessing the relative success of existing state
and Federal fishery management programs. Information on bycatch and
safety for each fishery should also be summarized. In addition, the SAFE
report may be used to update or expand previous environmental and
regulatory impact documents, and ecosystem and habitat descriptions.
(iii) Each SAFE report must be scientifically based, and cite data
sources and interpretations.
(2) Each SAFE report should contain information on which to base
harvest specifications.
(3) Each SAFE report should contain a description of the maximum
fishing mortality threshold and the minimum stock size threshold for
each stock or stock complex, along with information by which the Council
may determine:
(i) Whether overfishing is occurring with respect to any stock or
stock complex, whether any stock or stock complex is overfished, whether
the rate or level of fishing mortality applied to any stock or stock
complex is approaching the maximum fishing mortality threshold, and
whether the size of any stock or stock complex is approaching the
minimum stock size threshold.
(ii) Any management measures necessary to provide for rebuilding an
overfished stock or stock complex (if any) to a level consistent with
producing the MSY in such fishery.
(4) Each SAFE report may contain additional economic, social,
community, essential fish habitat, and ecological information pertinent
to the success of management or the achievement of objectives of each
FMP.
(5) Each SAFE report may contain additional economic, social, and
ecological information pertinent to the success of management or the
achievement of objectives of each FMP.
[61 FR 32540, June 24, 1996, as amended at 63 FR 24233, May 1, 1998]
Sec. 600.320 National Standard 3--Management Units.
(a) Standard 3. To the extent practicable, an individual stock of
fish shall be managed as a unit throughout its range, and interrelated
stocks of fish shall be managed as a unit or in close coordination.
(b) General. The purpose of this standard is to induce a
comprehensive approach to fishery management. The geographic scope of
the fishery, for planning purposes, should cover the entire range of the
stocks(s) of fish, and not be overly constrained by political
boundaries. Wherever practicable, an FMP should seek to manage
interrelated stocks of fish.
(c) Unity of management. Cooperation and understanding among
entities concerned with the fishery (e.g., Councils, states, Federal
Government, international commissions, foreign nations) are vital to
effective management. Where management of a fishery involves multiple
jurisdictions, coordination among the several entities should be sought
in the development of an FMP. Where a range overlaps Council areas, one
FMP to cover the entire range is preferred. The Secretary designates
which Council(s) will prepare the FMP, under section 304(f) of the
Magnuson-Stevens Act.
(d) Management unit. The term ``management unit'' means a fishery or
that portion of a fishery identified in an FMP as relevant to the FMP's
management objectives.
(1) Basis. The choice of a management unit depends on the focus of
the FMP's objectives, and may be organized around biological,
geographic, economic, technical, social, or ecological perspectives. For
example:
(i) Biological--could be based on a stock(s) throughout its range.
(ii) Geographic--could be an area.
[[Page 30]]
(iii) Economic--could be based on a fishery supplying specific
product forms.
(iv) Technical--could be based on a fishery utilizing a specific
gear type or similar fishing practices.
(v) Social--could be based on fishermen as the unifying element,
such as when the fishermen pursue different species in a regular pattern
throughout the year.
(vi) Ecological--could be based on species that are associated in
the ecosystem or are dependent on a particular habitat.
(2) Conservation and management measures. FMPs should include
conservation and management measures for that part of the management
unit within U.S. waters, although the Secretary can ordinarily implement
them only within the EEZ. The measures need not be identical for each
geographic area within the management unit, if the FMP justifies the
differences. A management unit may contain, in addition to regulated
species, stocks of fish for which there is not enough information
available to specify MSY and OY or to establish management measures, so
that data on these species may be collected under the FMP.
(e) Analysis. To document that an FMP is as comprehensive as
practicable, it should include discussions of the following:
(1) The range and distribution of the stocks, as well as the
patterns of fishing effort and harvest.
(2) Alternative management units and reasons for selecting a
particular one. A less-than-comprehensive management unit may be
justified if, for example, complementary management exits or is planned
for a separate geographic area or for a distinct use of the stocks, or
if the unmanaged portion of the resource is immaterial to proper
management.
(3) Management activities and habitat programs of adjacent states
and their effects on the FMP's objectives and management measures. Where
state action is necessary to implement measures within state waters to
achieve FMP objectives, the FMP should identify what state action is
necessary, discuss the consequences of state inaction or contrary
action, and make appropriate recommendations. The FMP should also
discuss the impact that Federal regulations will have on state
management activities.
(4) Management activities of other countries having an impact on the
fishery, and how the FMP's management measures are designed to take into
account these impacts. International boundaries may be dealt with in
several ways. For example:
(i) By limiting the management unit's scope to that portion of the
stock found in U.S. waters;
(ii) By estimating MSY for the entire stock and then basing the
determination of OY for the U.S. fishery on the portion of the stock
within U.S. waters; or
(iii) By referring to treaties or cooperative agreements.
[61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998]
Sec. 600.325 National Standard 4--Allocations.
(a) Standard 4. Conservation and management measures shall not
discriminate between residents of different states. If it becomes
necessary to allocate or assign fishing privileges among various U.S.
fishermen, such allocation shall be:
(1) Fair and equitable to all such fishermen.
(2) Reasonably calculated to promote conservation.
(3) Carried out in such manner that no particular individual,
corporation, or other entity acquires an excessive share of such
privileges.
(b) Discrimination among residents of different states. An FMP may
not differentiate among U.S. citizens, nationals, resident aliens, or
corporations on the basis of their state of residence. An FMP may not
incorporate or rely on a state statute or regulation that discriminates
against residents of another state. Conservation and management measures
that have different effects on persons in various geographic locations
are permissible if they satisfy the other guidelines under Standard 4.
Examples of these precepts are:
(1) An FMP that restricted fishing in the EEZ to those holding a
permit from state X would violate Standard 4 if
[[Page 31]]
state X issued permits only to its own citizens.
(2) An FMP that closed a spawning ground might disadvantage
fishermen living in the state closest to it, because they would have to
travel farther to an open area, but the closure could be justified under
Standard 4 as a conservation measure with no discriminatory intent.
(c) Allocation of fishing privileges. An FMP may contain management
measures that allocate fishing privileges if such measures are necessary
or helpful in furthering legitimate objectives or in achieving the OY,
and if the measures conform with paragraphs (c)(3)(i) through
(c)(3)(iii) of this section.
(1) Definition. An ``allocation'' or ``assignment'' of fishing
privileges is a direct and deliberate distribution of the opportunity to
participate in a fishery among identifiable, discrete user groups or
individuals. Any management measure (or lack of management) has
incidental allocative effects, but only those measures that result in
direct distributions of fishing privileges will be judged against the
allocation requirements of Standard 4. Adoption of an FMP that merely
perpetuates existing fishing practices may result in an allocation, if
those practices directly distribute the opportunity to participate in
the fishery. Allocations of fishing privileges include, for example,
per-vessel catch limits, quotas by vessel class and gear type, different
quotas or fishing seasons for recreational and commercial fishermen,
assignment of ocean areas to different gear users, and limitation of
permits to a certain number of vessels or fishermen.
(2) Analysis of allocations. Each FMP should contain a description
and analysis of the allocations existing in the fishery and of those
made in the FMP. The effects of eliminating an existing allocation
system should be examined. Allocation schemes considered, but rejected
by the Council, should be included in the discussion. The analysis
should relate the recommended allocations to the FMP's objectives and OY
specification, and discuss the factors listed in paragraph (c)(3) of
this section.
(3) Factors in making allocations. An allocation of fishing
privileges must be fair and equitable, must be reasonably calculated to
promote conservation, and must avoid excessive shares. These tests are
explained in paragraphs (c)(3)(i) through (c)(3)(iii) of this section:
(i) Fairness and equity. (A) An allocation of fishing privileges
should be rationally connected to the achievement of OY or with the
furtherance of a legitimate FMP objective. Inherent in an allocation is
the advantaging of one group to the detriment of another. The motive for
making a particular allocation should be justified in terms of the
objectives of the FMP; otherwise, the disadvantaged user groups or
individuals would suffer without cause. For instance, an FMP objective
to preserve the economic status quo cannot be achieved by excluding a
group of long-time participants in the fishery. On the other hand, there
is a rational connection between an objective of harvesting shrimp at
their maximum size and closing a nursery area to trawling.
(B) An allocation of fishing privileges may impose a hardship on one
group if it is outweighed by the total benefits received by another
group or groups. An allocation need not preserve the status quo in the
fishery to qualify as ``fair and equitable,'' if a restructuring of
fishing privileges would maximize overall benefits. The Council should
make an initial estimate of the relative benefits and hardships imposed
by the allocation, and compare its consequences with those of
alternative allocation schemes, including the status quo. Where
relevant, judicial guidance and government policy concerning the rights
of treaty Indians and aboriginal Americans must be considered in
determining whether an allocation is fair and equitable.
(ii) Promotion of conservation. Numerous methods of allocating
fishing privileges are considered ``conservation and management''
measures under section 303 of the Magnuson-Stevens Act. An allocation
scheme may promote conservation by encouraging a rational, more easily
managed use of the resource. Or, it may promote conservation (in the
sense of wise use) by optimizing the yield in terms of size, value,
[[Page 32]]
market mix, price, or economic or social benefit of the product. To the
extent that rebuilding plans or other conservation and management
measures that reduce the overall harvest in a fishery are necessary, any
harvest restrictions or recovery benefits must be allocated fairly and
equitably among the commercial, recreational, and charter fishing
sectors of the fishery.
(iii) Avoidance of excessive shares. An allocation scheme must be
designed to deter any person or other entity from acquiring an excessive
share of fishing privileges, and to avoid creating conditions fostering
inordinate control, by buyers or sellers, that would not otherwise
exist.
(iv) Other factors. In designing an allocation scheme, a Council
should consider other factors relevant to the FMP's objectives. Examples
are economic and social consequences of the scheme, food production,
consumer interest, dependence on the fishery by present participants and
coastal communities, efficiency of various types of gear used in the
fishery, transferability of effort to and impact on other fisheries,
opportunity for new participants to enter the fishery, and enhancement
of opportunities for recreational fishing.
[61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998]
Sec. 600.330 National Standard 5--Efficiency.
(a) Standard 5. Conservation and management measures shall, where
practicable, consider efficiency in the utilization of fishery
resources; except that no such measure shall have economic allocation as
its sole purpose.
(b) Efficiency in the utilization of resources--(1) General. The
term ``utilization'' encompasses harvesting, processing, marketing, and
non-consumptive uses of the resource, since management decisions affect
all sectors of the industry. In considering efficient utilization of
fishery resources, this standard highlights one way that a fishery can
contribute to the Nation's benefit with the least cost to society: Given
a set of objectives for the fishery, an FMP should contain management
measures that result in as efficient a fishery as is practicable or
desirable.
(2) Efficiency. In theory, an efficient fishery would harvest the OY
with the minimum use of economic inputs such as labor, capital,
interest, and fuel. Efficiency in terms of aggregate costs then becomes
a conservation objective, where ``conservation'' constitutes wise use of
all resources involved in the fishery, not just fish stocks.
(i) In an FMP, management measures may be proposed that allocate
fish among different groups of individuals or establish a system of
property rights. Alternative measures examined in searching for an
efficient outcome will result in different distributions of gains and
burdens among identifiable user groups. An FMP should demonstrate that
management measures aimed at efficiency do not simply redistribute gains
and burdens without an increase in efficiency.
(ii) Management regimes that allow a fishery to operate at the
lowest possible cost (e.g., fishing effort, administration, and
enforcement) for a particular level of catch and initial stock size are
considered efficient. Restrictive measures that unnecessarily raise any
of those costs move the regime toward inefficiency. Unless the use of
inefficient techniques or the creation of redundant fishing capacity
contributes to the attainment of other social or biological objectives,
an FMP may not contain management measures that impede the use of cost-
effective techniques of harvesting, processing, or marketing, and should
avoid creating strong incentives for excessive investment in private
sector fishing capital and labor.
(c) Limited access. A ``system for limiting access,'' which is an
optional measure under section 303(b) of the Magnuson-Stevens Act, is a
type of allocation of fishing privileges that may be considered to
contribute to economic efficiency or conservation. For example, limited
access may be used to combat overfishing, overcrowding, or
overcapitalization in a fishery to achieve OY. In an unutilized or
underutilized fishery, it may be used to reduce the chance that these
conditions will adversely affect the fishery in the future, or to
provide adequate economic return to pioneers in a new fishery. In some
cases, limited entry is a
[[Page 33]]
useful ingredient of a conservation scheme, because it facilitates
application and enforcement of other management measures.
(1) Definition. Limited access (or limited entry) is a management
technique that attempts to limit units of effort in a fishery, usually
for the purpose of reducing economic waste, improving net economic
return to the fishermen, or capturing economic rent for the benefit of
the taxpayer or the consumer. Common forms of limited access are
licensing of vessels, gear, or fishermen to reduce the number of units
of effort, and dividing the total allowable catch into fishermen's
quotas (a stock-certificate system). Two forms (i.e., Federal fees for
licenses or permits in excess of administrative costs, and taxation) are
not permitted under the Magnuson-Stevens Act, except for fees allowed
under section 304(d)(2).
(2) Factors to consider. The Magnuson-Stevens Act ties the use of
limited access to the achievement of OY. An FMP that proposes a limited
access system must consider the factors listed in section 303(b)(6) of
the Magnuson-Stevens Act and in Sec. 600.325(c)(3). In addition, it
should consider the criteria for qualifying for a permit, the nature of
the interest created, whether to make the permit transferable, and the
Magnuson-Stevens Act's limitations on returning economic rent to the
public under section 304(d). The FMP should also discuss the costs of
achieving an appropriate distribution of fishing privileges.
(d) Analysis. An FMP should discuss the extent to which
overcapitalization, congestion, economic waste, and inefficient
techniques in the fishery reduce the net benefits derived from the
management unit and prevent the attainment and appropriate allocation of
OY. It should also explain, in terms of the FMP's objectives, any
restriction placed on the use of efficient techniques of harvesting,
processing, or marketing. If, during FMP development, the Council
considered imposing a limited-entry system, the FMP should analyze the
Council's decision to recommend or reject limited access as a technique
to achieve efficient utilization of the resources of the fishing
industry.
(e) Economic allocation. This standard prohibits only those measures
that distribute fishery resources among fishermen on the basis of
economic factors alone, and that have economic allocation as their only
purpose. Where conservation and management measures are recommended that
would change the economic structure of the industry or the economic
conditions under which the industry operates, the need for such measures
must be justified in light of the biological, ecological, and social
objectives of the FMP, as well as the economic objectives.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63
FR 24234, May 1, 1998]
Sec. 600.335 National Standard 6--Variations and Contingencies.
(a) Standard 6. Conservation and management measures shall take into
account and allow for variations among, and contingencies in, fisheries,
fishery resources, and catches.
(b) Conservation and management. Each fishery exhibits unique
uncertainties. The phrase ``conservation and management'' implies the
wise use of fishery resources through a management regime that includes
some protection against these uncertainties. The particular regime
chosen must be flexible enough to allow timely response to resource,
industry, and other national and regional needs. Continual data
acquisition and analysis will help the development of management
measures to compensate for variations and to reduce the need for
substantial buffers. Flexibility in the management regime and the
regulatory process will aid in responding to contingencies.
(c) Variations. (1) In fishery management terms, variations arise
from biological, social, and economic occurrences, as well as from
fishing practices. Biological uncertainties and lack of knowledge can
hamper attempts to estimate stock size and strength, stock location in
time and space, environmental/habitat changes, and ecological
interactions. Economic uncertainty may involve changes in foreign or
domestic market conditions, changes in operating costs, drifts toward
overcapitalization, and economic perturbations caused by changed fishing
patterns.
[[Page 34]]
Changes in fishing practices, such as the introduction of new gear,
rapid increases or decreases in harvest effort, new fishing strategies,
and the effects of new management techniques, may also create
uncertainties. Social changes could involve increases or decreases in
recreational fishing, or the movement of people into or out of fishing
activities due to such factors as age or educational opportunities.
(2) Every effort should be made to develop FMPs that discuss and
take into account these vicissitudes. To the extent practicable, FMPs
should provide a suitable buffer in favor of conservation. Allowances
for uncertainties should be factored into the various elements of an
FMP. Examples are:
(i) Reduce OY. Lack of scientific knowledge about the condition of a
stock(s) could be reason to reduce OY.
(ii) Establish a reserve. Creation of a reserve may compensate for
uncertainties in estimating domestic harvest, stock conditions, or
environmental factors.
(iii) Adjust management techniques. In the absence of adequate data
to predict the effect of a new regime, and to avoid creating unwanted
variations, a Council could guard against producing drastic changes in
fishing patterns, allocations, or practices.
(iv) Highlight habitat conditions. FMPs may address the impact of
pollution and the effects of wetland and estuarine degradation on the
stocks of fish; identify causes of pollution and habitat degradation and
the authorities having jurisdiction to regulate or influence such
activities; propose recommendations that the Secretary will convey to
those authorities to alleviate such problems; and state the views of the
Council on unresolved or anticipated issues.
(d) Contingencies. Unpredictable events--such as unexpected resource
surges or failures, fishing effort greater than anticipated, disruptive
gear conflicts, climatic conditions, or environmental catastrophes--are
best handled by establishing a flexible management regime that contains
a range of management options through which it is possible to act
quickly without amending the FMP or even its regulations.
(1) The FMP should describe the management options and their
consequences in the necessary detail to guide the Secretary in
responding to changed circumstances, so that the Council preserves its
role as policy-setter for the fishery. The description should enable the
public to understand what may happen under the flexible regime, and to
comment on the options.
(2) FMPs should include criteria for the selection of management
measures, directions for their application, and mechanisms for timely
adjustment of management measures comprising the regime. For example, an
FMP could include criteria that allow the Secretary to open and close
seasons, close fishing grounds, or make other adjustments in management
measures.
(3) Amendment of a flexible FMP would be necessary when
circumstances in the fishery change substantially, or when a Council
adopts a different management philosophy and objectives.
Sec. 600.340 National Standard 7--Costs and Benefits.
(a) Standard 7. Conservation and management measures shall, where
practicable, minimize costs and avoid unnecessary duplication.
(b) Necessity of Federal management--(1) General. The principle that
not every fishery needs regulation is implicit in this standard. The
Magnuson-Stevens Act requires Councils to prepare FMPs only for
overfished fisheries and for other fisheries where regulation would
serve some useful purpose and where the present or future benefits of
regulation would justify the costs. For example, the need to collect
data about a fishery is not, by itself, adequate justification for
preparation of an FMP, since there are less costly ways to gather the
data (see Sec. 600.320(d)(2). In some cases, the FMP preparation process
itself, even if it does not culminate in a document approved by the
Secretary, can be useful in supplying a basis for management by one or
more coastal states.
(2) Criteria. In deciding whether a fishery needs management through
regulations implementing an FMP, the following general factors should be
considered, among others:
[[Page 35]]
(i) The importance of the fishery to the Nation and to the regional
economy.
(ii) The condition of the stock or stocks of fish and whether an FMP
can improve or maintain that condition.
(iii) The extent to which the fishery could be or is already
adequately managed by states, by state/Federal programs, by Federal
regulations pursuant to FMPs or international commissions, or by
industry self-regulation, consistent with the policies and standards of
the Magnuson-Stevens Act.
(iv) The need to resolve competing interests and conflicts among
user groups and whether an FMP can further that resolution.
(v) The economic condition of a fishery and whether an FMP can
produce more efficient utilization.
(vi) The needs of a developing fishery, and whether an FMP can
foster orderly growth.
(vii) The costs associated with an FMP, balanced against the
benefits (see paragraph (d) of this section as a guide).
(c) Alternative management measures. Management measures should not
impose unnecessary burdens on the economy, on individuals, on private or
public organizations, or on Federal, state, or local governments.
Factors such as fuel costs, enforcement costs, or the burdens of
collecting data may well suggest a preferred alternative.
(d) Analysis. The supporting analyses for FMPs should demonstrate
that the benefits of fishery regulation are real and substantial
relative to the added research, administrative, and enforcement costs,
as well as costs to the industry of compliance. In determining the
benefits and costs of management measures, each management strategy
considered and its impacts on different user groups in the fishery
should be evaluated. This requirement need not produce an elaborate,
formalistic cost/benefit analysis. Rather, an evaluation of effects and
costs, especially of differences among workable alternatives, including
the status quo, is adequate. If quantitative estimates are not possible,
qualitative estimates will suffice.
(1) Burdens. Management measures should be designed to give
fishermen the greatest possible freedom of action in conducting business
and pursuing recreational opportunities that are consistent with
ensuring wise use of the resources and reducing conflict in the fishery.
The type and level of burden placed on user groups by the regulations
need to be identified. Such an examination should include, for example:
Capital outlays; operating and maintenance costs; reporting costs;
administrative, enforcement, and information costs; and prices to
consumers. Management measures may shift costs from one level of
government to another, from one part of the private sector to another,
or from the government to the private sector. Redistribution of costs
through regulations is likely to generate controversy. A discussion of
these and any other burdens placed on the public through FMP regulations
should be a part of the FMP's supporting analyses.
(2) Gains. The relative distribution of gains may change as a result
of instituting different sets of alternatives, as may the specific type
of gain. The analysis of benefits should focus on the specific gains
produced by each alternative set of management measures, including the
status quo. The benefits to society that result from the alternative
management measures should be identified, and the level of gain
assessed.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63
FR 24234, May 1, 1998]
Sec. 600.345 National Standard 8--Communities.
(a) Standard 8. Conservation and management measures shall,
consistent with the conservation requirements of the Magnuson-Stevens
Act (including the prevention of overfishing and rebuilding of
overfished stocks), take into account the importance of fishery
resources to fishing communities in order to:
(1) Provide for the sustained participation of such communities; and
(2) To the extent practicable, minimize adverse economic impacts on
such communities.
(b) General. (1) This standard requires that an FMP take into
account the importance of fishery resources to fishing
[[Page 36]]
communities. This consideration, however, is within the context of the
conservation requirements of the Magnuson-Stevens Act. Deliberations
regarding the importance of fishery resources to affected fishing
communities, therefore, must not compromise the achievement of
conservation requirements and goals of the FMP. Where the preferred
alternative negatively affects the sustained participation of fishing
communities, the FMP should discuss the rationale for selecting this
alternative over another with a lesser impact on fishing communities.
All other things being equal, where two alternatives achieve similar
conservation goals, the alternative that provides the greater potential
for sustained participation of such communities and minimizes the
adverse economic impacts on such communities would be the preferred
alternative.
(2) This standard does not constitute a basis for allocating
resources to a specific fishing community nor for providing preferential
treatment based on residence in a fishing community.
(3) The term ``fishing community'' means a community that is
substantially dependent on or substantially engaged in the harvest or
processing of fishery resources to meet social and economic needs, and
includes fishing vessel owners, operators, and crew, and fish processors
that are based in such communities. A fishing community is a social or
economic group whose members reside in a specific location and share a
common dependency on commercial, recreational, or subsistence fishing or
on directly related fisheries-dependent services and industries (for
example, boatyards, ice suppliers, tackle shops).
(4) The term ``sustained participation'' means continued access to
the fishery within the constraints of the condition of the resource.
(c) Analysis. (1) FMPs must examine the social and economic
importance of fisheries to communities potentially affected by
management measures. For example, severe reductions of harvests for
conservation purposes may decrease employment opportunities for
fishermen and processing plant workers, thereby adversely affecting
their families and communities. Similarly, a management measure that
results in the allocation of fishery resources among competing sectors
of a fishery may benefit some communities at the expense of others.
(2) An appropriate vehicle for the analyses under this standard is
the fishery impact statement required by section 303(a)(9) of the
Magnuson-Stevens Act. Qualitative and quantitative data may be used,
including information provided by fishermen, dealers, processors, and
fisheries organizations and associations. In cases where data are
severely limited, effort should be directed to identifying and gathering
needed data.
(3) To address the sustained participation of fishing communities
that will be affected by management measures, the analysis should first
identify affected fishing communities and then assess their differing
levels of dependence on and engagement in the fishery being regulated.
The analysis should also specify how that assessment was made. The best
available data on the history, extent, and type of participation of
these fishing communities in the fishery should be incorporated into the
social and economic information presented in the FMP. The analysis does
not have to contain an exhaustive listing of all communities that might
fit the definition; a judgment can be made as to which are primarily
affected. The analysis should discuss each alternative's likely effect
on the sustained participation of these fishing communities in the
fishery.
(4) The analysis should assess the likely positive and negative
social and economic impacts of the alternative management measures, over
both the short and the long term, on fishing communities. Any particular
management measure may economically benefit some communities while
adversely affecting others. Economic impacts should be considered both
for individual communities and for the group of all affected communities
identified in the FMP. Impacts of both consumptive and non-consumptive
uses of fishery resources should be considered.
(5) A discussion of social and economic impacts should identify
those
[[Page 37]]
alternatives that would minimize adverse impacts on these fishing
communities within the constraints of conservation and management goals
of the FMP, other national standards, and other applicable law.
[63 FR 24234, May 1, 1998]
Sec. 600.350 National Standard 9--Bycatch.
(a) Standard 9. Conservation and management measures shall, to the
extent practicable:
(1) Minimize bycatch; and
(2) To the extent bycatch cannot be avoided, minimize the mortality
of such bycatch.
(b) General. This national standard requires Councils to consider
the bycatch effects of existing and planned conservation and management
measures. Bycatch can, in two ways, impede efforts to protect marine
ecosystems and achieve sustainable fisheries and the full benefits they
can provide to the Nation. First, bycatch can increase substantially the
uncertainty concerning total fishing-related mortality, which makes it
more difficult to assess the status of stocks, to set the appropriate OY
and define overfishing levels, and to ensure that OYs are attained and
overfishing levels are not exceeded. Second, bycatch may also preclude
other more productive uses of fishery resources.
(c) Definition--Bycatch. The term ``bycatch'' means fish that are
harvested in a fishery, but that are not sold or kept for personal use.
Bycatch includes the discard of whole fish at sea or elsewhere,
including economic discards and regulatory discards, and fishing
mortality due to an encounter with fishing gear that does not result in
capture of fish (i.e., unobserved fishing mortality). Bycatch does not
include any fish that legally are retained in a fishery and kept for
personal, tribal, or cultural use, or that enter commerce through sale,
barter, or trade. Bycatch does not include fish released alive under a
recreational catch-and-release fishery management program. A catch-and-
release fishery management program is one in which the retention of a
particular species is prohibited. In such a program, those fish released
alive would not be considered bycatch. Bycatch also does not include
Atlantic highly migratory species harvested in a commercial fishery that
are not regulatory discards and that are tagged and released alive under
a scientific tag-and-release program established by the Secretary.
(d) Minimizing bycatch and bycatch mortality. The priority under
this standard is first to avoid catching bycatch species where
practicable. Fish that are bycatch and cannot be avoided must, to the
extent practicable, be returned to the sea alive. Any proposed
conservation and management measure that does not give priority to
avoiding the capture of bycatch species must be supported by appropriate
analyses. In their evaluation, the Councils must consider the net
benefits to the Nation, which include, but are not limited to: Negative
impacts on affected stocks; incomes accruing to participants in directed
fisheries in both the short and long term; incomes accruing to
participants in fisheries that target the bycatch species; environmental
consequences; non-market values of bycatch species, which include non-
consumptive uses of bycatch species and existence values, as well as
recreational values; and impacts on other marine organisms. To evaluate
conservation and management measures relative to this and other national
standards, as well as to evaluate total fishing mortality, Councils
must--
(1) Promote development of a database on bycatch and bycatch
mortality in the fishery to the extent practicable. A review and, where
necessary, improvement of data collection methods, data sources, and
applications of data must be initiated for each fishery to determine the
amount, type, disposition, and other characteristics of bycatch and
bycatch mortality in each fishery for purposes of this standard and of
section 303(a)(11) and (12) of the Magnuson-Stevens Act. Bycatch should
be categorized to focus on management responses necessary to minimize
bycatch and bycatch mortality to the extent practicable. When
appropriate, management measures, such as at-sea monitoring programs,
should be developed to meet these information needs.
(2) For each management measure, assess the effects on the amount
and type of
[[Page 38]]
bycatch and bycatch mortality in the fishery. Most conservation and
management measures can affect the amounts of bycatch or bycatch
mortality in a fishery, as well as the extent to which further
reductions in bycatch are practicable. In analyzing measures, including
the status quo, Councils should assess the impacts of minimizing bycatch
and bycatch mortality, as well as consistency of the selected measure
with other national standards and applicable laws. The benefits of
minimizing bycatch to the extent practicable should be identified and an
assessment of the impact of the selected measure on bycatch and bycatch
mortality provided. Due to limitations on the information available,
fishery managers may not be able to generate precise estimates of
bycatch and bycatch mortality or other effects for each alternative. In
the absence of quantitative estimates of the impacts of each
alternative, Councils may use qualitative measures. Information on the
amount and type of bycatch should be summarized in the SAFE reports.
(3) Select measures that, to the extent practicable, will minimize
bycatch and bycatch mortality. (i) A determination of whether a
conservation and management measure minimizes bycatch or bycatch
mortality to the extent practicable, consistent with other national
standards and maximization of net benefits to the Nation, should
consider the following factors:
(A) Population effects for the bycatch species.
(B) Ecological effects due to changes in the bycatch of that species
(effects on other species in the ecosystem).
(C) Changes in the bycatch of other species of fish and the
resulting population and ecosystem effects.
(D) Effects on marine mammals and birds.
(E) Changes in fishing, processing, disposal, and marketing costs.
(F) Changes in fishing practices and behavior of fishermen.
(G) Changes in research, administration, and enforcement costs and
management effectiveness.
(H) Changes in the economic, social, or cultural value of fishing
activities and nonconsumptive uses of fishery resources.
(I) Changes in the distribution of benefits and costs.
(J) Social effects.
(ii) The Councils should adhere to the precautionary approach found
in the Food and Agriculture Organization of the United Nations (FAO)
Code of Conduct for Responsible Fisheries (Article 6.5), which is
available from the Director, Publications Division, FAO, Viale delle
Terme di Caracalla, 00100 Rome, Italy, when faced with uncertainty
concerning any of the factors listed in this paragraph (d)(3).
(4) Monitor selected management measures. Effects of implemented
measures should be evaluated routinely. Monitoring systems should be
established prior to fishing under the selected management measures.
Where applicable, plans should be developed and coordinated with
industry and other concerned organizations to identify opportunities for
cooperative data collection, coordination of data management for cost
efficiency, and avoidance of duplicative effort.
(e) Other considerations. Other applicable laws, such as the MMPA,
the ESA, and the Migratory Bird Treaty Act, require that Councils
consider the impact of conservation and management measures on living
marine resources other than fish; i.e., marine mammals and birds.
[63 FR 24235, May 1, 1998]
Sec. 600.355 National Standard 10--Safety of Life at Sea.
(a) Standard 10. Conservation and management measures shall, to the
extent practicable, promote the safety of human life at sea.
(b) General. (1) Fishing is an inherently dangerous occupation where
not all hazardous situations can be foreseen or avoided. The standard
directs Councils to reduce that risk in crafting their management
measures, so long as they can meet the other national standards and the
legal and practical requirements of conservation and management. This
standard is not meant to give preference to one method of managing a
fishery over another.
(2) The qualifying phrase ``to the extent practicable'' recognizes
that regulation necessarily puts constraints on fishing that would not
otherwise exist.
[[Page 39]]
These constraints may create pressures on fishermen to fish under
conditions that they would otherwise avoid. This standard instructs the
Councils to identify and avoid those situations, if they can do so
consistent with the legal and practical requirements of conservation and
management of the resource.
(3) For the purposes of this national standard, the safety of the
fishing vessel and the protection from injury of persons aboard the
vessel are considered the same as ``safety of human life at sea. The
safety of a vessel and the people aboard is ultimately the
responsibility of the master of that vessel. Each master makes many
decisions about vessel maintenance and loading and about the
capabilities of the vessel and crew to operate safely in a variety of
weather and sea conditions. This national standard does not replace the
judgment or relieve the responsibility of the vessel master related to
vessel safety. The Councils, the USCG, and NMFS, through the
consultation process of paragraph (d) of this section, will review all
FMPs, amendments, and regulations during their development to ensure
they recognize any impact on the safety of human life at sea and
minimize or mitigate that impact where practicable.
(c) Safety considerations. The following is a non-inclusive list of
safety considerations that should be considered in evaluating management
measures under national standard 10.
(1) Operating environment. Where and when a fishing vessel operates
is partly a function of the general climate and weather patterns of an
area. Typically, larger vessels can fish farther offshore and in more
adverse weather conditions than smaller vessels. An FMP should try to
avoid creating situations that result in vessels going out farther,
fishing longer, or fishing in weather worse than they generally would
have in the absence of management measures. Where these conditions are
unavoidable, management measures should mitigate these effects,
consistent with the overall management goals of the fishery.
(2) Gear and vessel loading requirements. A fishing vessel operates
in a very dynamic environment that can be an extremely dangerous place
to work. Moving heavy gear in a seaway creates a dangerous situation on
a vessel. Carrying extra gear can also significantly reduce the
stability of a fishing vessel, making it prone to capsizing. An FMP
should consider the safety and stability of fishing vessels when
requiring specific gear or requiring the removal of gear from the water.
Management measures should reflect a sensitivity to these issues and
provide methods of mitigation of these situations wherever possible.
(3) Limited season and area fisheries. Fisheries where time
constraints for harvesting are a significant factor and with no
flexibility for weather, often called ``derby'' fisheries, can create
serious safety problems. To participate fully in such a fishery,
fishermen may fish in bad weather and overload their vessel with catch
and/or gear. Where these conditions exist, FMPs should attempt to
mitigate these effects and avoid them in new management regimes, as
discussed in paragraph (e) of this section.
(d) Consultation. During preparation of any FMP, FMP amendment, or
regulation that might affect safety of human life at sea, the Council
should consult with the USCG and the fishing industry as to the nature
and extent of any adverse impacts. This consultation may be done through
a Council advisory panel, committee, or other review of the FMP, FMP
amendment, or regulations. Mitigation, to the extent practicable, and
other safety considerations identified in paragraph (c) of this section
should be included in the FMP.
(e) Mitigation measures. There are many ways in which an FMP may
avoid or provide alternative measures to reduce potential impacts on
safety of human life at sea. The following is a list of some factors
that could be considered when management measures are developed:
(1) Setting seasons to avoid hazardous weather.
(2) Providing for seasonal or trip flexibility to account for bad
weather (weather days).
(3) Allowing for pre- and post-season ``soak time'' to deploy and
pick up fixed gear, so as to avoid overloading vessels with fixed gear.
[[Page 40]]
(4) Tailoring gear requirements to provide for smaller or lighter
gear for smaller vessels.
(5) Avoiding management measures that require hazardous at-sea
inspections or enforcement if other comparable enforcement could be
accomplished as effectively.
(6) Limiting the number of participants in the fishery.
(7) Spreading effort over time and area to avoid potential gear and/
or vessel conflicts.
(8) Implementing management measures that reduce the race for fish
and the resulting incentives for fishermen to take additional risks with
respect to vessel safety.
[63 FR 24236, May 1, 1998]
Subpart E--Confidentiality of Statistics
Sec. 600.405 Types of statistics covered.
NOAA is authorized under the Magnuson-Stevens Act and other statutes
to collect proprietary or confidential commercial or financial
information. This part applies to all pertinent data required to be
submitted to the Secretary with respect to any FMP including, but not
limited to, information regarding the type and quantity of fishing gear
used, catch by species in numbers of fish or weight thereof, areas in
which fishing occurred, time of fishing, number of hauls, and the
estimated processing capacity of, and the actual processing capacity
utilized by, U.S. fish processors.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.410 Collection and maintenance of statistics.
(a) General. (1) All statistics required to be submitted to the
Secretary are provided to the Assistant Administrator.
(2) After receipt, the Assistant Administrator will remove all
identifying particulars from the statistics if doing so is consistent
with the needs of NMFS and good scientific practice.
(3) Appropriate safeguards as specified by NOAA Directives, or other
NOAA or NMFS internal procedures, apply to the collection and
maintenance of all statistics, whether separated from identifying
particulars or not, so as to ensure their confidentiality.
(b) Collection agreements with states. (1) The Assistant
Administrator may enter into an agreement with a state authorizing the
state to collect statistics on behalf of the Secretary.
(2) NMFS will not enter into a cooperative collection agreement with
a state unless the state has authority to protect the statistics from
disclosure in a manner at least as protective as these regulations.
Sec. 600.415 Access to statistics.
(a) General. In determining whether to grant a request for access to
confidential data, the following information will be taken into
consideration (also see Sec. 600.130):
(1) The specific types of data required.
(2) The relevance of the data to conservation and management issues.
(3) The duration of time access will be required: continuous,
infrequent, or one-time.
(4) An explanation of why the availability of aggregate or non-
confidential summaries of data from other sources would not satisfy the
requested needs.
(b) Federal employees. Statistics submitted as a requirement of an
FMP and that reveal the identity of the submitter will only be
accessible to the following:
(1) Personnel within NMFS responsible for the collection,
processing, and storage of the statistics.
(2) Federal employees who are responsible for FMP development,
monitoring, and enforcement.
(3) Personnel within NMFS performing research that requires
confidential statistics.
(4) Other NOAA personnel on a demonstrable need-to-know basis.
(5) NOAA/NMFS contractors or grantees who require access to
confidential statistics to perform functions authorized by a Federal
contract or grant.
(c) State personnel. Upon written request, confidential statistics
will only be accessible if:
(1) State employees demonstrate a need for confidential statistics
for use
[[Page 41]]
in fishery conservation and management.
(2) The state has entered into a written agreement between the
Assistant Administrator and the head of the state's agency that manages
marine and/or anadromous fisheries. The agreement shall contain a
finding by the Assistant Administrator that the state has
confidentiality protection authority comparable to the Magnuson-Stevens
Act and that the state will exercise this authority to limit subsequent
access and use of the data to fishery management and monitoring
purposes.
(d) Councils. Upon written request by the Council Executive
Director, access to confidential data will be granted to:
(1) Council employees who are responsible for FMP development and
monitoring.
(2) A Council for use by the Council for conservation and management
purposes, with the approval of the Assistant Administrator. In addition
to the information described in paragraph (a) of this section, the
Assistant Administrator will consider the following in deciding whether
to grant access:
(i) The possibility that Council members might gain personal or
competitive advantage from access to the data.
(ii) The possibility that the suppliers of the data would be placed
at a competitive disadvantage by public disclosure of the data at
Council meetings or hearings.
(3) A contractor of the Council for use in such analysis or studies
necessary for conservation and management purposes, with approval of the
Assistant Administrator and execution of an agreement with NMFS as
described by NOAA Administrative Order (NAO) 216-100.
(e) Prohibitions. Persons having access to these data are prohibited
from unauthorized use or disclosure and are subject to the provisions of
18 U.S.C. 1905, 16 U.S.C. 1857, and NOAA/NMFS internal procedures,
including NAO 216-100.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.420 Control system.
(a) The Assistant Administrator maintains a control system to
protect the identity of submitters of statistics required by an FMP. The
control system:
(1) Identifies those persons who have access to the statistics.
(2) Contains procedures to limit access to confidential data to
authorized users.
(3) Provides for safeguarding the data.
(b) This system requires that all persons who have authorized access
to the data be informed of the confidentiality of the data. These
persons are required to sign a statement that they:
(1) Have been informed that the data are confidential.
(2) Have reviewed and are familiar with the procedures to protect
confidential statistics.
Sec. 600.425 Release of statistics.
(a) The Assistant Administrator will not release to the public any
statistics required to be submitted under an FMP in a form that would
identify the submitter, except as required by law.
(b) All requests from the public for statistics submitted in
response to a requirement of an FMP will be processed consistent with
the NOAA FOIA regulations (15 CFR part 903), NAO 205-14, Department of
Commerce Administrative Orders 205-12 and 205-14 and 15 CFR part 4.
(c) NOAA does not release or allow access to confidential
information in its possession to members of Council advisory groups,
except as provided by law.
Subpart F--Foreign Fishing
Sec. 600.501 Vessel permits.
(a) General. (1) Each FFV fishing under the Magnuson-Stevens Act
must have on board a permit issued under this section, unless it is
engaged only in recreational fishing.
(2) Permits issued under this section do not authorize FFV's or
persons to harass, capture, or kill marine mammals. No marine mammals
may be taken in the course of fishing unless that vessel has on board a
currently valid Authorization Certificate under the MMPA. Regulations
governing the taking of marine mammals incidental to commercial fishing
operations are
[[Page 42]]
contained in 50 CFR part 229 of this title.
(b) Responsibility of owners and operators. The owners and operators
of each FFV are jointly and severally responsible for compliance with
the Magnuson-Stevens Act, the applicable GIFA, this subpart, and any
permit issued under the Magnuson-Stevens Act and this subpart. The
owners and operators of each FFV bear civil responsibility for the acts
of their employees and agents constituting violations, regardless of
whether the specific acts were authorized or even forbidden by the
employer or principal, and regardless of knowledge concerning the
occurrence.
(c) Activity codes. Permits to fish under a GIFA may be issued by
the Assistant Administrator for the activities described in this
paragraph, but the permits may be modified by regulations of this
subpart, and by the conditions and restrictions attached to the permit
(see paragraphs (e)(1)(v) and (l) of this section). The Assistant
Administrator may issue a permit, as appropriate, for one or more of the
activity codes listed below. The activity codes are described as
follows:
(1) Activity Code 1. Catching, scouting, processing, transshipping,
and supporting foreign vessels. Activity is limited to fish harvested or
to be harvested by foreign vessels in the EEZ.
(2) Activity Code 2. Processing, scouting, transshipping, and
supporting foreign vessels. Activity is limited to fish harvested or to
be harvested by foreign vessels in the EEZ.
(3) Activity Code 3. Transshipping, scouting, and supporting foreign
vessels. Activity is limited to fish harvested or to be harvested by
foreign vessels in the EEZ.
(4) Activity Code 4. Processing, scouting, transshipping, and
supporting U.S. vessels delivering fish to foreign vessels. Activity is
limited to the receipt of unprocessed fish harvested or to be harvested
by U.S. vessels.
(5) Activity Code 5. Transshipping, scouting, and supporting foreign
vessels. Transshipment limited to fish received or to be received from
foreign vessels processing fish from U.S. harvesting vessels.
(6) Activity Code 6. Transshipping, scouting, and supporting U.S.
vessels. Transshipment limited to U.S.-harvested fish processed on board
U.S. vessels.
(7) Activity Code 7. Processing, transshipping, and supporting
foreign vessels. Activity limited to fish harvested or to be harvested
by foreign vessels seaward of the EEZ.
(8) Activity Code 8. Transshipping and supporting foreign vessels.
Activity is limited to fish harvested or to be harvested seaward of the
EEZ by foreign vessels or fish duly authorized for processing in the
internal waters of one of the states.
(9) Activity Code 9. Supporting U.S. fishing vessels and U.S. fish
processing vessels and any foreign fishing vessels authorized under any
activity code under paragraph (c) of this subpart.
(d) Application. (1) Applications for FFV permits must be submitted
by each foreign nation to the DOS. Application forms are available from
OES/OMC, DOS, Washington, DC. The applicant should allow 90 days for
review and comment by the public, involved governmental agencies, and
appropriate Councils, and for processing before the anticipated date to
begin fishing. The permit application fee must be paid at the time of
application according to Sec. 600.518.
(2) Applicants must provide complete and accurate information
requested on the permit application form.
(3) Applicants for FFV's that will support U.S. vessels in joint
ventures (Activity Code 4) must provide the additional information
specified by the permit application form.
(4) Each foreign nation may substitute one FFV for another by
submitting a new vessel information form and a short explanation of the
reason for the substitution to the DOS. Each substitution is considered
a new application and a new application fee must be paid. NMFS will
promptly process an application for a vessel replacing a permitted FFV
that is disabled or decommissioned, once the DOS has notified the
appropriate Council(s) of the substituted application.
(e) Issuance. (1) Permits may be issued to an FFV by the Assistant
Administrator through the DOS after--
[[Page 43]]
(i) The Assistant Administrator determines that the fishing
described in the application will meet the requirements of the Magnuson-
Stevens Act and approves the permit application.
(ii) The foreign nation has paid the fees, including any surcharge
fees and provided any assurances required by the Secretary in accordance
with the provisions of Sec. 600.518.
(iii) The foreign nation has appointed an agent.
(iv) The foreign nation has identified a designated representative.
(v) The general ``conditions and restrictions'' of receiving
permits, as required by section 204(b)(7) of the Magnuson-Stevens Act,
and any ``additional restrictions'' attached to the permit for the
conservation and management of fishery resources or to prevent
significant impairment of the national defense or security interests,
have been accepted by the nation issuing the FFV's documents.
(2) NMFS will distribute blank permit forms to the designated
representative while the application is being processed. The designated
representative must ensure that each FFV receives a permit form and must
accurately transmit the permit form and the contents of the permit to
the FFV when it is issued. NMFS may authorize the modification and use
of the previous year's permit forms to be used on an interim basis in
place of the current year's permit forms if the current forms were not
made available to the designated representatives for timely
distribution. The FFV owner or operator must accurately complete the
permit form prior to fishing in the EEZ.
(3) A completed permit form must contain--
(i) The name and IRCS of the FFV and its permit number.
(ii) The permitted fisheries and activity codes.
(iii) The date of issuance and expiration date, if other than
December 31.
(iv) All conditions and restrictions, and any additional
restrictions and technical modifications appended to the permit.
(4) Permits are not issued for boats that are launched from larger
vessels. Any enforcement action that results from the activities of a
launched boat will be taken against the permitted vessel.
(f) Duration. A permit is valid from its date of issuance to its
date of expiration, unless it is revoked or suspended or the nation
issuing the FFV's documents does not accept amendments to the permit
made by the Assistant Administrator in accordance with the procedures of
paragraph (l) of this section. The permit will be valid for no longer
than the calendar year in which it was issued.
(g) Transfer. Permits are not transferable or assignable. A permit
is valid only for the FFV to which it is issued.
(h) Display. Each FFV operator must have a properly completed permit
form available on board the FFV when engaged in fishing activities and
must produce it at the request of an authorized officer or observer.
(i) Suspension and revocation. NMFS may apply sanctions to an FFV's
permit by revoking, suspending, or imposing additional permit
restrictions on the permit under 15 CFR part 904, if the vessel is
involved in the commission of any violation of the Magnuson-Stevens Act,
the GIFA, or this subpart; if an agent and a designated representative
are not maintained in the United States; if a civil penalty or criminal
fine imposed under the Magnuson-Stevens Act has become overdue; or as
otherwise specified in the Magnuson-Stevens Act.
(j) Fees. Permit application fees are described in Sec. 600.518.
(k) Change in application information. (1) The foreign nation must
report, in writing, any change in the information supplied under
paragraph (d) of this section to the Assistant Administrator within 15
calendar days after the date of the change. Failure to report a change
in the ownership from that described in the current application within
the specified time frame voids the permit, and all penalties involved
will accrue to the previous owner.
(2) The Assistant Administrator may make technical modifications or
changes in the permit application requested or reported by a Nation,
such as a change in radio call sign, processing equipment, or tonnage,
which will be effective immediately.
[[Page 44]]
(3) If, in the opinion of the Assistant Administrator, a permit
change requested by a Nation could significantly affect the status of
any fishery resource, such request will be processed as an application
for a new permit under this section.
(4) The Assistant Administrator will notify the designated
representative of any revision that must be made on the permit form as
the result of a permit change.
(5) The vessel owner or operator must record the modification on the
permit form.
(l) Permit amendments. (1) The Assistant Administrator may amend a
permit by adding ``additional restrictions'' for the conservation and
management of fishery resources covered by the permit, or for the
national defense or security if the Assistant Administrator determines
that such interests would be significantly impaired without such
restrictions. Compliance with the added additional restrictions is a
condition of the permit. Violations of added additional restrictions
will be treated as violations of this subpart.
(2) The Assistant Administrator may make proposed additional
restrictions effective immediately, if necessary, to prevent substantial
harm to a fishery resource of the United States, to allow for the
continuation of ongoing fishing operations, or to allow for fishing to
begin at the normal time for opening of the fishery.
(3) The Assistant Administrator will send proposed additional
restrictions to each Nation whose vessels are affected (via the
Secretary of State), to the appropriate Councils, and to the Commandant
of the Coast Guard. NMFS will, at the same time, publish a document of
any significant proposed additional restrictions in the Federal
Register. The document will include a summary of the reasons underlying
the proposal, and the reasons that any proposed additional restrictions
are made effective immediately.
(4) The Nation whose vessels are involved, the owners of the
affected vessels, their representatives, the agencies specified in
paragraph (l)(3) of this section, and the public may submit written
comments on the proposed additional restrictions within 30 days after
publication in the Federal Register.
(5) The Assistant Administrator will make a final decision regarding
the proposed additional restrictions as soon as practicable after the
end of the comment period. The Assistant Administrator will provide the
final additional restrictions to the Nation whose vessels are affected
(via the Secretary of State) according to the procedures of paragraph
(e) of this section. The Assistant Administrator will include with the
final additional restrictions to the Nation, a response to comments
submitted.
(6) Additional restrictions may be modified by following the
procedures of paragraphs (l)(2) through (l)(5) of this section.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.502 Vessel reports.
(a) The operator of each FFV must report the FFV's activities within
the EEZ to the USCG and NMFS as specified in this section.
(b) All reports required by this section must be in English and in
the formats specified in the permit additions and restrictions. Reports
must be delivered via private or commercial communications facilities,
facsimile, or other electronic means acceptable to NMFS and the USCG,
directly to the appropriate NMFS Region or Center and USCG commander.
Weekly reports must also be delivered directly to the appropriate NMFS
Region or Center (see tables 1 and 2 of this section). (The required
reports may be delivered to the closest USCG communication station as
indicated in table 3 of this section or other USCG communication station
only if adequate private or commercial communications facilities have
not been successfully contacted.) Radio reports must be made via
radiotelegraphy, Telex, or facsimile where available. For the purposes
of this section, a message is considered ``transmitted'' when its
receipt is acknowledged by a communications facility and considered
``delivered'' upon its receipt by the offices of the appropriate USCG
commander, NMFS Regional Office, or NMFS Center identified in table 2 of
this section. Reports required
[[Page 45]]
by this section may be submitted by the vessel's designated
representative; however, the operator of the FFV is responsible for the
correct and timely filing of all required reports.
(c) Activity reports. The operator of each FFV must report the FFV's
movements and activities before or upon the event, as specified in this
paragraph (c). Appropriate forms, instructions, codes, and examples are
contained in the conditions and restrictions of the FFV's permit. Each
FFV report must contain the following information: The message
identifier ``VESREP'' to indicate it is a vessel activity report, FFV
name, international radio call sign IRCS, date (month and day based on
GMT), time (hour and minute GMT), position (latitude and longitude to
the nearest degree and minute) where required, area (by fishing area
code) where required, the appropriate action code, confirmation codes
where required, and the other information specified in paragraphs (c)(1)
through (c)(11) of this section.
(1) ``BEGIN''. Each operator must specify the date, time, position,
and area the FFV will actually ``BEGIN'' fishing in the EEZ and the
species (by species code), product (by product code), and quantity of
all fish and fish products (by product weight to the nearest hundredth
of a metric ton) on board when entering the EEZ (action code ``BEGIN'').
The message must be delivered at least 24 hours before the vessel begins
to fish.
(2) ``DEPART''. Each operator must specify the date, time, position,
and area the FFV will ``DEPART'' the EEZ to embark or debark an
observer, to visit a U.S. port, to conduct a joint venture in internal
waters, or to otherwise temporarily leave an authorized fishing area,
but not depart the seaward limit of the EEZ (action code ``DEPART'').
The message must be transmitted before the FFV departs the present
fishing area and delivered within 24 hours of its transmittal.
(3) ``RETURN''. Each operator must specify the date, time, position,
and area the FFV will ``RETURN'' to the EEZ following a temporary
departure, and the species (by species code), product (by product code),
and quantity of all fish and fish products (by product weight to the
nearest hundredth of a metric ton) on board that were received in a
joint venture in internal waters (action code ``RETURN''). The message
must be transmitted before returning to the EEZ and delivered within 24
hours of its transmittal.
(4) ``SHIFT''. Each operator must report each SHIFT in fishing area
(as described for each fishery) by specifying the date, time, and
position the FFV will start fishing, and the new area (action code
``SHIFT''). The message must be transmitted before leaving the original
area and delivered within 24 hours of its transmittal. If a foreign
vessel operates within 20 nautical miles (37.04 km) of a fishing area
boundary, its operator may submit in one message the shift reports for
all fishing area shifts occurring during 1 fishing day (0001-2400 GMT).
This message must be transmitted prior to the last shift expected to be
made in the day and delivered within 24 hours of its transmittal.
(5) ``JV OPS''. Each operator must specify the date, time, position,
and area at which the FFV will ``START'' joint venture operations
(action code ``START JV OPS'') or ``END'' joint venture operations
(action code ``END JV OPS''). These reports must be made in addition to
other activity reports made under this section. Each message must be
transmitted before the event and delivered within 24 hours of its
transmittal.
(6) ``TRANSFER''. The operator of each FFV that anticipates a
transshipping operation in which the FFV will receive fish or fisheries
products must specify the date, time, position and area the FFV will
conduct the ``TRANSFER'' and the name and IRCS of the other FFV or U.S.
vessel involved (action code ``TRANSFER''). The report must include the
permit activity code under which the transfer will be made. The message
must be transmitted prior to the transfer and delivered within 24 hours
of its transmittal. The movement of raw fish from a permitted foreign
catching vessel or, under an Activity Code 4, from a U.S. fishing vessel
to the reporting processing vessel and the return of nets or codends is
not considered a transfer.
(7) ``OFFLOADED''. Each operator must specify the date, time,
position,
[[Page 46]]
and area the FFV ``OFFLOADED'' fish or fisheries products TO another FFV
or a U.S. vessel in a transfer, the other FFV's or U.S. vessel's name,
IRCS, Permit Activity Code under which the transfer was made, species
(by species code) and quantity of fish and fisheries products (by
product code and by product weight, to the nearest hundredth of a metric
ton) offloaded (action code ``OFFLOADED TO''). The message must be
transmitted within 12 hours after the transfer is completed and
delivered within 24 hours of its transmittal and before the FFV ceases
fishing in the EEZ.
(8) ``RECEIVED''. Each operator must specify the date, time,
position and area the vessel ``RECEIVED'' fish or fisheries products
FROM another FFV in a transfer, the other FFV's or U.S. vessel's name,
IRCS, Permit Activity Code under which the receipt was made, species (by
species code) and quantity of fish and fisheries products (by product
code and by product weight, to the nearest hundredth of a metric ton)
received (action code ``RECEIVED FROM''). The message must be
transmitted within 12 hours after the transfer is completed and
delivered within 24 hours of its transmittal and before the vessel
ceases fishing in the EEZ.
(9) ``CEASE''. Each operator must specify the date, time, position,
and area the FFV will ``CEASE'' fishing in order to leave the EEZ
(action code ``CEASE''). The message must be delivered at least 24 hours
before the FFV's departure.
(10) ``CHANGE''. Each operator must report any ``CHANGE'' TO the
FFV's operations if the position or time of an event specified in an
activity report will vary more than 5 nautical miles (9.26 km) or 4
hours from that previously reported, by sending a revised message
inserting the word ``CHANGE'' in front of the previous report, repeating
the name, IRCS, date, and time of the previous report, adding the word
``TO'' and the complete revised text of the new report (action code
``CHANGE TO''). Changes to reports specifying an early beginning of
fishing by an FFV or other changes to reports contained in paragraphs
(c)(1) through (c)(9) of this section must be transmitted and delivered
as if the ``CHANGE'' report were the original message.
(11) ``CANCEL''. Each operator wanting to ``CANCEL'' a previous
report may do so by sending a revised message, and inserting the word
``CANCEL'' in front of the previous report's vessel name, IRCS, date,
time and action code canceled (action code ``CANCEL''). The message must
be transmitted and delivered prior to the date and time of the event in
the original message.
(d) The operator of an FFV will be in violation of paragraphs (c)(1)
through (c)(9) of this section if the FFV does not pass within 5
nautical miles (9.26 km) of the position given in the report within 4
hours of the time given in the report.
(e) The notices required by this section may be provided for
individual or groups of FFV's (on a vessel-by-vessel basis) by
authorized persons. An FFV operator may retransmit reports on the behalf
of another FFV, if authorized by that FFV's operator. This does not
relieve the individual vessel operator of the responsibility of filing
required reports. In these cases, the message format should be modified
so that each line of text under ``VESREP'' is a separate vessel report.
(f) Weekly reports. (1) The operator of each FFV in the EEZ must
submit appropriate weekly reports through the Nation's designated
representative. The report must arrive at the address and time specified
in paragraph (g) of this section. The reports may be sent by facsimile
or Telex, but a completed copy of the report form must be mailed or hand
delivered to confirm the Telex. Appropriate forms, instructions, codes,
and examples are contained in the conditions and restrictions of the
FFV's permit. Designated representatives may include more than one
vessel report in a facsimile or Telex message, if the information is
submitted on a vessel-by-vessel basis. Requests for corrections to
previous reports must be submitted through the Nation's designated
representative and mailed or hand-delivered, together with a written
explanation of the reasons for the errors. The appropriate Regional
Administrator or Science and Research Director may accept or reject any
correction
[[Page 47]]
and initiate any appropriate civil penalty actions.
(2) Weekly catch report (CATREP). The operator of each FFV must
submit a weekly catch report stating any catch (Activity Code 1) in
round weight of each species or species group allocated to that Nation
by area and days fished in each area for the weekly period Sunday
through Saturday, GMT, as modified by the fishery in which the FFV is
engaged. Foreign vessels delivering unsorted, unprocessed fish to a
processing vessel are not required to submit CATREP's, if that
processing vessel (Activity Code 2) submits consolidated CATREP's for
all fish received during each weekly period. No report is required for
FFV's that do not catch or receive foreign-caught fish during the
reporting period.
(3) Weekly receipts report (RECREP). The operator of each FFV must
submit a weekly report stating any receipts of U.S.-harvested fish in a
joint venture (Activity Code 4) for the weekly period Sunday through
Saturday, GMT, as modified by the fishery in which the FFV is engaged,
for each fishing area, by authorized or prohibited species or species
group; days fish received; round weight retained or returned to the U.S.
fishing vessel; number of codends received; and number of vessels
transferring codends. The report must also include the names of U.S.
fishing vessels transferring codends during the week. No report is
required for FFV's that do not receive any U.S.-harvested fish during
the reporting period.
(4) Marine mammal report (MAMREP). The operator of each FFV must
submit a weekly report stating any incidental catch or receipt of marine
mammals (Activity Codes 1 or 2 and/or 4), the geographical position
caught, the condition of the animal, number caught (if more than one of
the same species and condition), and nationality of the catching vessel
for the period Sunday through Saturday, GMT, as modified by the fishery
in which the vessel is engaged. Foreign catching vessels delivering
unsorted, unprocessed fish to processing vessel are not required to
submit MAMREP's, provided that the processing or factory vessel
(Activity Code 2) submits consolidated MAMREP's for all fish received
during each weekly period. FFV's receiving U.S.-harvested fish in a
joint venture (Activity Code 4) must submit consolidated reports for
U.S. vessels operating in the joint venture. No report is required for
FFV's that do not catch or receive marine mammals during the reporting
period.
(g) Submission instructions for weekly reports. The designated
representative for each FFV must submit weekly reports in the prescribed
format to the appropriate Regional Administrator or Science and Research
Director of NMFS by 1900 GMT on the Wednesday following the end of the
reporting period. However, by agreement with the appropriate Regional
Administrator or Science and Research Director, the designated
representative may submit weekly reports to some other facility of NMFS.
Table 1 to Sec. 600.502--Addresses
------------------------------------------------------------------------
NMFS science and U.S. Coast Guard
NMFS regional administrators research directors commanders
------------------------------------------------------------------------
Administrator, Northeast Director, Notheast Commander, Atlantic
Region, National Marine Fisheries Science Area, U.S. Coast
Fisheries Service, NOAA, Center, National Guard, 431 Crawford
One Blackburn Drive, Marine Fisheries St., Portsmouth, VA
Gloucester, MA 01930-2298. Service, NOAA, 166 23704.
Water St., Woods
Hole, MA 02543-1097.
Administrator, Southeast Director, Southeast Commander, Atlantic
Region, National Marine Fisheries Science Area, U.S. Coast
Fisheries Service, 9721 Center, National Guard, Governor's
Exec. Center Drive N., St. Marine Fisheries Island, New York
Petersburg, FL 33702. Service, NOAA, 75 10004.
Virginia Beach
Drive, Miami, FL
33149-1003.
Administrator, Northwest Director, Northwest Commander, Pacific
Region, National Marine Fisheries Science Area, U.S. Coast
Fisheries Service, NOAA, Center, National Guard, Government
7600 Sand Point Way, NE, Marine Fisheries Island, Alameda, CA
BIN C15700, Bldg. 1, Service, NOAA, 2725 94501.
Seattle, WA 98115. Montlake Blvd.
East, Seattle, WA
98112-2097.
Administrator, Alaska Director, Alaska Commander,
Region, National Marine Fisheries Science Seventeenth Coast
Fisheries Service, NOAA, Center, National Guard District,
P.O. Box 21668, Juneau, AK Marine Fisheries P.O. Box 25517,
99802-1668. Service, NOAA, 7600 Juneau, AK 99802.
Sand Point Way, NE,
BIN C15700, Bldg.
4, Seattle, WA
98115-0070.
[[Page 48]]
Administrator, Southwest Director, Southwest Commander,
Region, National Marine Fisheries Science Fourteenth Coast
Fisheries Service, NOAA, Center, National Guard District, 300
501 West Ocean Blvd., Suite Marine Fisheries Ala Moana Blvd.,
4200, Long Beach, CA 90802- Service, NOAA, P.O. Honolulu, HI 96850.
4213. Box 271, La Jolla,
CA 92038-0271.
------------------------------------------------------------------------
Table 2 to Sec. 600.502--Areas of Responsibility of NMFS and U.S. Coast
Guard Offices
------------------------------------------------------------------------
Area of responsibility/ National Marine
fishery Fisheries Service U.S. Coast Guard
------------------------------------------------------------------------
Atlantic Ocean North of Cape Director, Northeast Commander, Atlantic
Hatteras. Science Center, Area.
Attn: Observer
Program.
Atlantic Ocean South of Cape Director, Northeast Commander, Atlantic
Hatteras. Science Center, Area.
Attn: Observer
Program.
Atlantic Tunas, Swordfish, Director, Office of Commander, Atlantic
Billfish and Sharks. Sustainable Area.
Fisheries.
Gulf of Mexico and Caribbean Administrator, Commander, Atlantic
Sea. Southeast Region. Area.
Pacific Ocean off the States Administrator, Commander, Pacific
of California, Oregon, and Northwest Region. Area.
Washington.
North Pacific Ocean and Administrator, Commander,
Bering Sea off Alaska. Alaska Region. Seventeenth Coast
Guard District.
Pacific Ocean off Hawaii and Administrator, Commander,
Other U.S. Insular Southwest Region. Fourteenth Coast
Possessions in the Central Guard District.
and Western Pacific.
------------------------------------------------------------------------
Table 3 to Sec. 600.502--U.S. Coast Guard Communications Stations and Frequencies
----------------------------------------------------------------------------------------------------------------
Radiotelephone
U.S. Coast Guard communications ---------------------------------------------------------------------------
station IRCS Channel \1\ GMT time
----------------------------------------------------------------------------------------------------------------
Boston.............................. NMF A-E 2330-1100.
...................... B,C All.
...................... D 1100-2330.
...................... E (On request).
CAMSLANT Chesapeake (Portsmouth, VA) NMN A 2330-1100.
...................... B,C All.
...................... D 1100-2330.
...................... E (On request).
New Orleans......................... NMG A 2330-1100.
...................... B,C All.
...................... D 1100-2330.
...................... E (On request).
CAMSPAC Point Reyes (San Francisco, NMC A-D All.
CA).
...................... E (On request).
Honolulu............................ NMO A-D All.
...................... E (On request).
Kodiak.............................. NOJ A-D All.
...................... E (On request).
----------------------------------------------------------------------------------------------------------------
\1\ Carrier frequencies of duplex, high-frequency single-sideband channels are:
------------------------------------------------------------------------
Letter Shore transmit Ship transmit
------------------------------------------------------------------------
A................................. 4426.0 4134.0
B................................. 6501.0 6200.0
C................................. 8764.0 8240.0
D................................. 13089.0 12242.0
E................................. 17314.0 16432.0
------------------------------------------------------------------------
[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]
Sec. 600.503 Vessel and gear identification.
(a) Vessel identification. (1) The operator of each FFV assigned an
IRCS must display that call sign amidships on both the port and
starboard sides of the deckhouse or hull, so that it is visible from an
enforcement vessel, and on an appropriate weather deck so it is visible
from the air.
[[Page 49]]
(2) The operator of each FFV not assigned an IRCS, such as a small
trawler associated with a mothership or one of a pair of trawlers, must
display the IRCS of the associated vessel, followed by a numerical
suffix. (For example, JCZM-1, JCZM-2, etc., would be displayed on small
trawlers not assigned an IRCS operating with a mothership whose IRCS is
JCZM; JANP-1 would be displayed by a pair trawler not assigned an IRCS
operating with a trawler whose IRCS is JANP.)
(3) The vessel identification must be in a color in contrast to the
background and must be permanently affixed to the FFV in block Roman
alphabet letters and Arabic numerals at least 1 m in height for FFV's
over 20 m in length, and at least 0.5 m in height for all other FFV's.
(b) Navigational lights and shapes. Each FFV must display the lights
and shapes prescribed by the International Regulations for Preventing
Collisions at Sea, 1972 (TIAS 8587, and 1981 amendment TIAS 10672), for
the activity in which the FFV is engaged (as described at 33 CFR part
81).
(c) Gear identification. (1) The operator of each FFV must ensure
that all deployed fishing gear that is not physically and continuously
attached to an FFV:
(i) Is clearly marked at the surface with a buoy displaying the
vessel identification of the FFV (see paragraph (a) of this section) to
which the gear belongs.
(ii) Has attached a light visible for 2 nautical miles (3.70 km) at
night in good visibility.
(iii) Has a radio buoy.
Trawl codends passed from one vessel to another are considered
continuously attached gear and are not required to be marked.
(2) The operator of each FFV must ensure that deployed longlines,
strings of traps or pots, and gillnets are marked at the surface at each
terminal end with: (see paragraphs (c)(1)(i) through (c)(1)(iii) of this
section).
(3) Additional requirements may be specified for the fishery in
which the vessel is engaged.
(4) Unmarked or incorrectly identified fishing gear may be
considered abandoned and may be disposed of in accordance with
applicable Federal regulations by any authorized officer.
(d) Maintenance. The operator of each FFV must--
(1) Keep the vessel and gear identification clearly legible and in
good repair.
(2) Ensure that nothing on the FFV obstructs the view of the
markings from an enforcement vessel or aircraft.
(3) Ensure that the proper navigational lights and shapes are
displayed for the FFV's activity and are properly functioning.
Sec. 600.504 Facilitation of enforcement.
(a) General. (1) The owner, operator, or any person aboard any FFV
subject to this subpart must immediately comply with instructions and
signals issued by an authorized officer to stop the FFV; to move the FFV
to a specified location; and to facilitate safe boarding and inspection
of the vessel, its gear, equipment, records, and fish and fish products
on board for purposes of enforcing the Magnuson-Stevens Act and this
subpart.
(2) The operator of each FFV must provide vessel position or other
information when requested by an authorized officer within the time
specified in the request.
(b) Communications equipment. (1) Each FFV must be equipped with a
VHF-FM radiotelephone station located so that it may be operated from
the wheelhouse. Each operator must maintain a continuous listening watch
on channel 16 (156.8 mHz).
(2) Each FFV must be equipped with a radiotelephone station capable
of communicating via 2182 kHz (SSB) radiotelephony and at least one set
of working frequencies identified in table 3 to Sec. 600.502 appropriate
to the fishery in which the FFV is operating. Each operator must monitor
and be ready to communicate via 2182 kHz (SSB) radiotelephone each day
from 0800 GMT to 0830 GMT and 2000 to 2030 GMT, and in preparation for
boarding.
(3) FFV's that are not equipped with processing facilities and that
deliver all catches to a foreign processing vessel are exempt from the
requirements of paragraph (b)(2) of this section.
(4) FFV's with no IRCS that do not catch fish and are used as
auxiliary
[[Page 50]]
vessels to handle codends, nets, equipment, or passengers for a
processing vessel are exempt from the requirements of paragraphs (b)(1)
and (b)(2) of this section.
(5) The appropriate Regional Administrator, with the agreement of
the appropriate USCG commander, may, upon request by a foreign nation,
accept alternatives to the radio requirements of this section to certain
FFV's or types of FFV's operating in a fishery, provided they are
adequate for the communications needs of the fishery.
(c) Communications procedures. (1) Upon being approached by a USCG
vessel or aircraft, or other vessel or aircraft with an authorized
officer aboard, the operator of any FFV subject to this subpart must be
alert for communications conveying enforcement instructions. The
enforcement unit may communicate by channel 16 VHF-FM radiotelephone,
2182 kHz (SSB) radiotelephone, message block from an aircraft, flashing
light or flag signals from the International Code of Signals, hand
signal, placard, loudhailer, or other appropriate means. The following
signals, extracted from the International Code of Signals, are among
those that may be used.
(i) ``AA, AA, AA, etc.'', which is the call for an unknown station.
The signaled vessel should respond by identifying itself or by
illuminating the vessel identification required by Sec. 600.505.
(ii) ``RY-CY'', meaning ``You should proceed at slow speed, a boat
is coming to you''.
(iii) ``SQ3'', meaning ``You should stop or heave to; I am going to
board you''.
(iv) ``L'', meaning ``You should stop your vessel instantly.''
(2) Failure of an FFV's operator to stop the vessel when directed to
do so by an authorized officer using VHF-FM radiotelephone (channel 16),
2182 kHz (SSB) radiotelephone (where required), message block from an
aircraft, flashing light signal, flaghoist, or loudhailer constitutes a
violation of this subpart.
(3) The operator of or any person aboard an FFV who does not
understand a signal from an enforcement unit and who is unable to obtain
clarification by radiotelephone or other means must consider the signal
to be a command to stop the FFV instantly.
(d) Boarding. The operator of an FFV signaled for boarding must--
(1) Monitor 2182 kHz (SSB) radiotelephone and channel 16 (156.8 mHz)
VHF-FM radiotelephone.
(2) Stop immediately and lay to or maneuver in such a way as to
maintain the safety of the FFV and facilitate boarding by the authorized
officer and the boarding party or an observer.
(3) Provide the authorized officer, boarding party, or observer a
safe pilot ladder. The operator must ensure the pilot ladder is securely
attached to the FFV and meets the construction requirements of
Regulation 17, Chapter V of the International Convention for the Safety
of Life at Sea (SOLAS), 1974 (TIAS 9700 and 1978 Protocol, TIAS 10009),
or a substantially equivalent national standard approved by letter from
the Assistant Administrator, with agreement with the USCG. Safe pilot
ladder standards are summarized below:
(i) The ladder must be of a single length of not more than 9 m (30
ft), capable of reaching the water from the point of access to the FFV,
accounting for all conditions of loading and trim of the FFV and for an
adverse list of 15 deg.. Whenever the distance from sea level to the
point of access to the ship is more than 9 m (30 ft), access must be by
means of an accommodation ladder or other safe and convenient means.
(ii) The steps of the pilot ladder must be--
(A) Of hardwood, or other material of equivalent properties, made in
one piece free of knots, having an efficient non-slip surface; the four
lowest steps may be made of rubber of sufficient strength and stiffness
or of other suitable material of equivalent characteristics.
(B) Not less than 480 mm (19 inches) long, 115 mm (4.5 inches) wide,
and 25 mm (1 inch) in depth, excluding any non-slip device.
(C) Equally spaced not less than 300 millimeters (12 inches) nor
more than 380 mm (15 inches) apart and secured in such a manner that
they will remain horizontal.
(iii) No pilot ladder may have more than two replacement steps that
are
[[Page 51]]
secured in position by a method different from that used in the original
construction of the ladder.
(iv) The side ropes of the ladder must consist of two uncovered
manila ropes not less than 60 mm (2.25 inches) in circumference on each
side (or synthetic ropes of equivalent size and equivalent or greater
strength). Each rope must be continuous, with no joints below the top
step.
(v) Battens made of hardwood, or other material of equivalent
properties, in one piece and not less than 1.80 m (5 ft 10 inches) long
must be provided at such intervals as will prevent the pilot ladder from
twisting. The lowest batten must be on the fifth step from the bottom of
the ladder and the interval between any batten and the next must not
exceed nine steps.
(vi) Where passage onto or off the ship is by means of a bulwark
ladder, two handhold stanchions must be fitted at the point of boarding
or leaving the FFV not less than 0.70 m (2 ft 3 inches) nor more than
0.80 m (2 ft 7 inches) apart, not less than 40 mm (2.5 inches) in
diameter, and must extend not less than 1.20 m (3 ft 11 inches) above
the top of the bulwark.
(4) When necessary to facilitate the boarding or when requested by
an authorized officer or observer, provide a manrope, safety line, and
illumination for the ladder; and
(5) Take such other actions as necessary to ensure the safety of the
authorized officer and the boarding party and to facilitate the boarding
and inspection.
(e) Access and records. (1) The owner and operator of each FFV must
provide authorized officers access to all spaces where work is conducted
or business papers and records are prepared or stored, including but not
limited to, personal quarters and areas within personal quarters.
(2) The owner and operator of each FFV must provide to authorized
officers all records and documents pertaining to the fishing activities
of the vessel, including but not limited to, production records, fishing
logs, navigation logs, transfer records, product receipts, cargo stowage
plans or records, draft or displacement calculations, customs documents
or records, and an accurate hold plan reflecting the current structure
of the vessel's storage and factory spaces.
(f) Product storage. The operator of each permitted FFV storing fish
or fish products in a storage space must ensure that all non-fish
product items are neither stowed beneath nor covered by fish products,
unless required to maintain the stability and safety of the vessel.
These items include, but are not limited to, portable conveyors, exhaust
fans, ladders, nets, fuel bladders, extra bin boards, or other movable
non-product items. These items may be in the space when necessary for
safety of the vessel or crew or for storage of the product. Lumber, bin
boards, or other dunnage may be used for shoring or bracing of product
to ensure safety of crew and to prevent shifting of cargo within the
space.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.505 Prohibitions.
(a) It is unlawful for any person to do any of the following:
(1) Ship, transport, offer for sale, sell, purchase, import, export,
or have custody, control, or possession of any fish taken or retained in
violation of the Magnuson-Stevens Act, the applicable GIFA, this
subpart, or any permit issued under this subpart;
(2) Refuse to allow an authorized officer to board an FFV for
purposes of conducting any search or inspection in connection with the
enforcement of the Magnuson-Stevens Act, the applicable GIFA, this
subpart, or any other permit issued under this subpart;
(3) Assault, resist, oppose, impede, intimidate, or interfere with
any authorized officer in the conduct of any inspection or search
described in paragraph (a)(2) of this section;
(4) Resist a lawful arrest for any act prohibited by the Magnuson-
Stevens Act, the applicable GIFA, this subpart, or any permit issued
under this subpart;
(5) Interfere with, delay, or prevent by any means the apprehension
or arrest of another person with the knowledge that such other person
has committed any act prohibited by the Magnuson-Stevens Act, the
applicable
[[Page 52]]
GIFA, this subpart, or any permit issued under this subpart;
(6) Interfere with, obstruct, delay, oppose, impede, intimidate, or
prevent by any means any boarding, investigation or search, wherever
conducted, in the process of enforcing the Magnuson-Stevens Act, the
applicable GIFA, this subpart, or any permit issued under this subpart;
(7) Engage in any fishing activity for which the FFV does not have a
permit as required under Sec. 600.501;
(8) Engage in any fishing activity within the EEZ without a U.S.
observer aboard the FFV, unless the requirement has been waived by the
appropriate Regional Administrator;
(9) Retain or attempt to retain within the EEZ, directly or
indirectly, any U.S. harvested fish, unless the FFV has a permit for
Activity Codes 4 or 6.
(10) Use any fishing vessel to engage in fishing after the
revocation, or during the period of suspension, of an applicable permit
issued under this subpart;
(11) Violate any provision of the applicable GIFA;
(12) Falsely or incorrectly complete (including by omission) a
permit application or permit form as specified in Sec. 600.501 (d) and
(k);
(13) Fail to report to the Assistant Administrator within 15 days
any change in the information contained in the permit application for a
FFV, as specified in Sec. 600.501(k);
(14) Assault, resist, oppose, impede, intimidate, or interfere with
an observer placed aboard an FFV under this subpart;
(15) Interfere with or bias the sampling procedure employed by an
observer, including sorting or discarding any catch prior to sampling,
unless the observer has stated that sampling will not occur; or tamper
with, destroy, or discard an observer's collected samples, equipment,
records, photographic film, papers, or effects without the express
consent of the observer;
(16) Prohibit or bar by command, impediment, threat, coercion, or
refusal of reasonable assistance, an observer from collecting samples,
conducting product recovery rate determinations, making observations, or
otherwise performing the observer's duties;
(17) Harass or sexually harass an authorized officer or observer;
(18) Fail to provide the required assistance to an observer as
described at Sec. 600.506 (c) and (e);
(19) Fail to identify, falsely identify, fail to properly maintain,
or obscure the identification of the FFV or its gear as required by this
subpart;
(20) Falsify or fail to make, keep, maintain, or submit any record
or report required by this subpart;
(21) Fail to return to the sea or fail to otherwise treat prohibited
species as required by this subpart;
(22) Fail to report or falsely report any gear conflict;
(23) Fail to report or falsely report any loss, jettisoning, or
abandonment of fishing gear or other article into the EEZ that might
interfere with fishing, obstruct fishing gear or vessels, or cause
damage to any fishery resource or marine mammals;
(24) Continue Activity Codes 1 through 4 after those activity codes
have been canceled under Sec. 600.511;
(25) Fail to maintain health and safety standards set forth in
Sec. 600.506(d);
(26) Violate any provisions of regulations for specific fisheries of
this subpart;
(27) On a scientific research vessel, engage in fishing other than
recreational fishing authorized by applicable state, territorial, or
Federal regulations;
(28) Violate any provision of this subpart, the Magnuson-Stevens
Act, the applicable GIFA, any notice issued under this subpart or any
permit issued under this subpart; or
(29) Attempt to do any of the foregoing.
(b) It is unlawful for any FFV, and for the owner or operator of any
FFV except an FFV engaged only in recreational fishing, to fish--
(1) Within the boundaries of any state, unless the fishing is
authorized by the Governor of that state as permitted by section 306(c)
of the Magnuson-Stevens Act to engage in a joint venture for processing
and support with U.S. fishing vessels in the internal waters of that
state; or
(2) Within the EEZ, or for any anadromous species or continental
shelf
[[Page 53]]
fishery resources beyond the EEZ, unless the fishing is authorized by,
and conducted in accordance with, a valid permit issued under
Sec. 600.501.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.506 Observers.
(a) General. To carry out such scientific, compliance monitoring,
and other functions as may be necessary or appropriate to carry out the
purposes of the Magnuson-Stevens Act, the appropriate Regional
Administrator or Science and Research Director (see table 2 to
Sec. 600.502) may assign U.S. observers to FFV's. Except as provided for
in section 201(i)(2) of the Magnuson-Stevens Act, no FFV may conduct
fishing operations within the EEZ unless a U.S. observer is aboard.
(b) Effort plan. To ensure the availability of an observer as
required by this section, the owners and operators of FFV's wanting to
fish within the EEZ will submit to the appropriate Regional
Administrator or Science and Research Director; and also to the Chief,
Office of Enforcement, NMFS, Silver Spring, MD, a schedule of fishing
effort 30 days prior to the beginning of each quarter. A quarter is a
time period of 3 consecutive months beginning January 1, April 1, July
1, and October 1 of each year. The schedule will contain the name and
IRCS of each FFV intending to fish within the EEZ during the upcoming
quarter, and each FFV's expected date of arrival and expected date of
departure.
(1) The appropriate Regional Administrator or Science and Research
Director must be notified immediately of any substitution of vessels or
any cancellation of plans to fish in the EEZ for FFV's listed in the
effort plan required by this section.
(2) If an arrival date of an FFV will vary more than 5 days from the
date listed in the quarterly schedule, the appropriate Regional
Administrator or Science and Research Director must be notified at least
10 days in advance of the rescheduled date of arrival. If the notice
required by this paragraph (b)(2) is not given, the FFV may not engage
in fishing until an observer is available and has been placed aboard the
vessel or the requirement has been waived by the appropriate Regional
Administrator or Science and Research Director.
(c) Assistance to observers. To assist the observer in the
accomplishment of his or her assigned duties, the owner and operator of
an FFV to which an observer is assigned must--
(1) Provide, at no cost to the observer or the United States,
accommodations for the observer aboard the FFV that are equivalent to
those provided to the officers of that vessel.
(2) Cause the FFV to proceed to such places and at such times as may
be designated by the appropriate Regional Administrator or Science and
Research Director for the purpose of embarking and debarking the
observer.
(3) Allow the observer to use the FFV's communications equipment and
personnel upon demand for the transmission and receipt of messages.
(4) Allow the observer access to and use of the FFV's navigation
equipment and personnel upon demand to determine the vessel's position.
(5) Allow the observer free and unobstructed access to the FFV's
bridge, trawl, or working decks, holding bins, processing areas, freezer
spaces, weight scales, cargo holds and any other space that may be used
to hold, process, weigh, or store fish or fish products at any time.
(6) Allow the observer to inspect and copy the FFV's daily log,
communications log, transfer log, and any other log, document, notice,
or record required by these regulations.
(7) Provide the observer copies of any records required by these
regulations upon demand.
(8) Notify the observer at least 15 minutes before fish are brought
on board or fish or fish products are transferred from the FFV to allow
sampling the catch or observing the transfer, unless the observer
specifically requests not to be notified.
(9) Provide all other reasonable assistance to enable the observer
to carry out his or her duties.
(d) Health and safety standards. All foreign fishing vessels to
which an observer is deployed must maintain, at all times that the
vessel is in the EEZ, the following:
(1) At least one working radar.
[[Page 54]]
(2) Functioning navigation lights as required by international law.
(3) A watch on the bridge by appropriately trained and experienced
personnel while the vessel is underway.
(4) Lifeboats and/or inflatable life rafts with a total carrying
capacity equal to or greater than the number of people aboard the
vessel. Lifeboats and inflatable life rafts must be maintained in good
working order and be readily available.
(5) Life jackets equal or greater in number to the total number of
persons aboard the vessel. Life jackets must be stowed in readily
accessible and plainly marked positions throughout the vessel, and
maintained in a state of good repair.
(6) At least one ring life buoy for each 25 ft (7.6 m) of vessel
length, equipped with automatic water lights. Ring life buoys must have
an outside diameter of not more than 32 inches (81.3 cm) nor less than
30 inches (76.2 cm), and must be maintained in a state of good repair.
Ring life buoys must be readily available, but not positioned so they
pose a threat of entanglement in work areas. They must be secured in
such a way that they can be easily cast loose in the event of an
emergency.
(7) At least one VHF-FM radio with a functioning channel 16 (156.8
mHz), International Distress, Safety and Calling Frequency, and one
functioning AM radio (SSB-Single Side Band) capable of operating at 2182
kHz (SSB). Radios will be maintained in a radio room, chartroom, or
other suitable location.
(8) At least one Emergency Position Indicating Radio Beacon (EPIRB),
approved by the USCG for offshore commercial use, stowed in a location
so as to make it readily available in the event of an emergency.
(9) At least six hand-held, rocket-propelled, parachute, red-flare
distress signals, and three orange-smoke distress signals stowed in the
pilothouse or navigation bridge in portable watertight containers.
(10) All lights, shapes, whistles, foghorns, fog bells and gongs
required by and maintained in accordance with the International
Regulations for Preventing Collisions at Sea.
(11) Clean and sanitary conditions in all living spaces, food
service and preparation areas and work spaces aboard the vessel.
(e) Observer transfers. (1) The operator of the FFV must ensure that
transfers of observers at sea via small boat or raft are carried out
during daylight hours as weather and sea conditions allow, and with the
agreement of the observer involved. The FFV operator must provide the
observer 3 hours advance notice of at-sea transfers, so that the
observer may collect personal belongings, equipment, and scientific
samples.
(2) The FFV's involved must provide a safe pilot ladder and conduct
the transfer according to the procedures of Sec. 600.504(d) to ensure
the safety of the during the transfer.
(3) An experienced crew member must assist the observer in the small
boat or raft in which the transfer is made.
(f) Supplementary observers. In the event funds are not available
from Congressional appropriations of fees collected to assign an
observer to a foreign fishing vessel, the appropriate Regional
Administrator or Science and Research Director will assign a
supplementary observer to that vessel. The costs of supplementary
observers will be paid for by the owners and operators of foreign
fishing vessels as provided for in paragraph (h) of this section.
(g) Supplementary observer authority and duties. (1) A supplementary
observer aboard a foreign fishing vessel has the same authority and must
be treated in all respects as an observer who is employed by NMFS,
either directly or under contract.
(2) The duties of supplementary observers and their deployment and
work schedules will be specified by the appropriate Regional
Administrator or Science and Research Director.
(3) All data collected by supplementary observers will be under the
exclusive control of the Assistant Administrator.
(h) Supplementary observer payment--(1) Method of payment. The
owners and operators of foreign fishing vessels must pay directly to the
contractor the costs of supplementary observer coverage. Payment must be
made to the contractor supplying supplementary observer coverage either
by letter of
[[Page 55]]
credit or certified check drawn on a federally chartered bank in U.S.
dollars, or other financial institution acceptable to the contractor.
The letter of credit used to pay supplementary observer fees to
contractors must be separate and distinct from the letter of credit
required by Sec. 600.518(b)(2). Billing schedules will be specified by
the terms of the contract between NOAA and the contractors. Billings for
supplementary observer coverage will be approved by the appropriate
Regional Administrator or Science and Research Director and then
transmitted to the owners and operators of foreign fishing vessels by
the appropriate designated representative. Each country will have only
one designated representative to receive observer bills for all vessels
of that country, except as provided for by the Assistant Administrator.
All bills must be paid within 10 working days of the billing date.
Failure to pay an observer bill will constitute grounds to revoke
fishing permits. All fees collected under this section will be
considered interim in nature and subject to reconciliation at the end of
the fiscal year in accordance with paragraph (h)(4) of this section and
Sec. 600.518(d).
(2) Contractor costs. The costs charged for supplementary observer
coverage to the owners and operators of foreign fishing vessels may not
exceed the costs charged to NMFS for the same or similar services,
except that contractors may charge to the owners and operators of
foreign fishing vessels an additional fee to cover the administrative
costs of the program not ordinarily part of contract costs charged to
NMFS. The costs charged foreign fishermen for supplementary observers
may include, but are not limited to the following:
(i) Salary and benefits, including overtime, for supplementary
observers.
(ii) The costs of post-certification training required by paragraph
(j)(2) of this section.
(iii) The costs of travel, transportation, and per diem associated
with deploying supplementary observers to foreign fishing vessels
including the cost of travel, transportation, and per diem from the
supplementary observer's post of duty to the point of embarkation to the
foreign fishing vessel, and then from the point of disembarkation to the
post of duty from where the trip began. For the purposes of these
regulations, the appropriate Regional Administrator or Science and
Research Director will designate posts of duty for supplementary
observers.
(iv) The costs of travel, transportation, and per diem associated
with the debriefing following deployment of a supplementary observer by
NMFS officials.
(v) The administrative and overhead costs incurred by the contractor
and, if appropriate, a reasonable profit.
(3) NMFS costs. The owners and operators of foreign fishing vessels
must also pay to NMFS as part of the surcharge required by section
201(i)(4) of the Magnuson-Stevens Act, the following costs:
(i) The costs of certifying applicants for the position of
supplementary observer.
(ii) The costs of any equipment, including safety equipment,
sampling equipment, operations manuals, or other texts necessary to
perform the duties of a supplementary observer. The equipment will be
specified by the appropriate Regional Administrator or Science and
Research Director according to the requirements of the fishery to which
the supplementary observer will be deployed.
(iii) The costs associated with communications with supplementary
observers for transmission of data and routine messages.
(iv) For the purposes of monitoring the supplementary observer
program, the costs for the management and analysis of data.
(v) The costs for data editing and entry.
(vi) Any costs incurred by NMFS to train, deploy or debrief a
supplementary observer.
(vii) The cost for U.S. Customs inspection for supplementary
observers disembarking after deployment.
(4) Reconciliation. Fees collected by the contractor in excess of
the actual costs of supplementary observer coverage will be refunded to
the owners and operators of foreign fishing vessels, or kept on deposit
to defray the costs of future supplementary observer coverage. Refunds
will be made within 60
[[Page 56]]
days after final costs are determined and approved by NMFS.
(i) Supplementary observer contractors--(1) Contractor eligibility.
Supplementary observers will be obtained by NMFS from persons or firms
having established contracts to provide NMFS with observers. In the
event no such contract is in place, NMFS will use established,
competitive contracting procedures to select persons or firms to provide
supplementary observers. The services supplied by the supplementary
observer contractors will be as described within the contract and as
specified below.
(2) Supplementary observer contractors must submit for the approval
of the Assistant Administrator the following:
(i) A copy of any contract, including all attachments, amendments,
and enclosures thereto, between the contractor and the owners and
operators of foreign fishing vessels for whom the contractor will
provide supplementary observer services.
(ii) All application information for persons whom the contractor
desires to employ as certified supplementary observers.
(iii) Billing schedules and billings to the owners and operators of
foreign fishing vessels for further transmission to the designated
representative of the appropriate foreign nation.
(iv) All data on costs.
(j) Supplementary observers--certification, training--(1)
Certification. The appropriate Regional Administrator or Science and
Research Director will certify persons as qualified for the position of
supplementary observer once the following conditions are met:
(i) The candidate is a citizen or national of the United States.
(ii) The candidate has education or experience equivalent to the
education or experience required of persons used as observers by NMFS as
either Federal personnel or contract employees. The education and
experience required for certification may vary according to the
requirements of managing the foreign fishery in which the supplementary
observer is to be deployed. Documentation of U.S. citizenship or
nationality, and education or experience will be provided from personal
qualification statements on file with NMFS contractors who provide
supplementary observer services, and will not require the submission of
additional information to NMFS.
(2) Training. Prior to deployment to foreign fishing vessels,
certified supplementary observers must also meet the following
conditions:
(i) Each certified supplementary observer must satisfactorily
complete a course of training approved by the appropriate Regional
Administrator or Science and Research Director as equivalent to that
received by persons used as observers by NMFS as either Federal
personnel or contract employees. The course of training may vary
according to the foreign fishery in which the supplementary observer is
to be deployed.
(ii) Each certified supplementary observer must agree in writing to
abide by standards of conduct as set forth in Department of Commerce
Administrative Order 202-735 (as provided by the contractor).
(k) Supplementary observer certification suspension or revocation.
(1) Certification of a supplementary observer may be suspended or
revoked by the Assistant Administrator under the following conditions:
(i) A supplementary observer fails to perform the duties specified
in paragraph (g)(2) of this section.
(ii) A supplementary observer fails to abide by the standards of
conduct described by Department of Commerce Administrative Order 202-
735.
(2) The suspension or revocation of the certification of a
supplementary observer by the Assistant Administrator may be based on
the following:
(i) Boarding inspection reports by authorized officers of the USCG
or NMFS, or other credible information, that indicate a supplementary
observer has failed to abide by the established standards of conduct; or
(ii) An analysis by NMFS of the data collected by a supplementary
observer indicating improper or incorrect data collection or recording.
The failure to properly collect or record data is sufficient to justify
decertification of supplementary observers; no intent to defraud need be
demonstrated.
[[Page 57]]
(3) The Assistant Administrator will notify the supplementary
observer, in writing, of the Assistant Administrator's intent to suspend
or revoke certification, and the reasons therefor, and provide the
supplementary observer a reasonable opportunity to respond. If the
Assistant Administrator determines that there are disputed questions of
material fact, then the Assistant Administrator may in this respect
appoint an examiner to make an informal fact-finding inquiry and prepare
a report and recommendations.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7074, 7075, Feb. 12,
1998]
Sec. 600.507 Recordkeeping.
(a) General. The owner and operator of each FFV must maintain timely
and accurate records required by this section as modified by the
regulations for the fishery in which the FFV is engaged.
(1) The owner and operator of each FFV must maintain all required
records in English, based on Greenwich mean time (GMT) unless otherwise
specified in the regulation, and make them immediately available for
inspection upon the request of an authorized officer or observer.
(2) The owner and operator of each FFV must retain all required
records on board the FFV whenever it is in the EEZ, for 3 years after
the end of the permit period.
(3) The owner and operator of each FFV must retain the required
records and make them available for inspection upon the request of an
authorized officer at any time during the 3 years after the end of the
permit period, whether or not such records are on board the vessel.
(4) The owner and operator of each FFV must provide to the Assistant
Administrator, in the form and at the times prescribed, any other
information requested that the Assistant Administrator determines is
necessary to fulfill the fishery conservation, management and
enforcement purposes of the Magnuson-Stevens Act.
(b) Communications log. The owner and operator of each FFV must
record in a separate communications log, at the time of transmittal, the
time and content of each notification made under Sec. 600.504.
(c) Transfer log. Except for the transfer of unsorted, unprocessed
fish via codend from a catching vessel to a processing vessel (Activity
Code 2 or 4), the owner and operator of each FFV must record, in a
separate transfer log, each transfer or receipt of any fish or fishery
product, including quantities transferred or offloaded outside the EEZ.
The operator must record in the log within 12 hours of the completion of
the transfer:
(1) The time and date (GMT) and location (in geographic coordinates)
the transfer began and was completed.
(2) The product weight, by species and product (use species and
product codes), of all fish transferred, to the nearest 0.01 mt.
(3) The name, IRCS, and permit number of both the FFV offloading the
fish and the FFV receiving the fish.
(d) Daily fishing log. (1) The owner or operator of each FFV
authorized to catch fish (Activity Code 1) must maintain a daily fishing
log of the effort, catch and production of the FFV, as modified by
paragraph (d)(2) of this section and the regulations for the fishery in
which the FFV is engaged. The operator must maintain on a daily and
cumulative basis for the permit period a separate log for each fishery
(see table 2 to Sec. 600.502) in which the FFV is engaged according to
this section and in the format specified in the instructions provided
with the permit or other format authorized under paragraph (i) of this
section. Daily effort entries are required for each day the vessel
conducts fishing operations within the EEZ. Daily entries are not
required whenever the FFV is in port or engaged in a joint venture in
the internal waters of a state. Each page of log may contain entries
pertaining to only one day's fishing operations or one gear set,
whichever is longer.
(2) The owner or operator of each FFV authorized to catch fish
(Activity Code 1) and that delivers all catches to a processing vessel,
must maintain only ``SECTION ONE-EFFORT'', of the daily fishing log,
provided the processing vessel maintains a daily consolidated fishing
log as described in paragraphs (f) and (g) of this section.
[[Page 58]]
(e) Daily fishing log--contents. The daily fishing log must contain
the following information, as modified by paragraph (d)(2) of this
section and the regulations for the fishery in which the FFV is engaged,
and be completed according to the format and instructions provided with
the permit or other format authorized under paragraph (i) of this
section.
(1) ``SECTION ONE-EFFORT'' must contain on a daily basis--
(i) A consecutive page number, beginning with the first day the
vessel started fishing operations within the EEZ and continuing
throughout the log.
(ii) The date (based on GMT).
(iii) The FFV's name.
(iv) The FFV's IRCS.
(v) The FFV's U.S. permit number.
(vi) The FFV's noon (1200 GMT) position in geographic coordinates.
(vii) The master or operator's signature or title.
(2) ``SECTION ONE-EFFORT'' must contain, for each trawl or set, as
appropriate to the gear type employed--
(i) The consecutive trawl or set number, beginning with the first
set of the calendar year.
(ii) The fishing area in which the trawl or set was completed.
(iii) The gear type.
(iv) The time the gear was set.
(v) The position of the set.
(vi) The course of the set.
(vii) The sea depth.
(viii) The depth of the set.
(ix) The duration of the set.
(x) The hauling time.
(xi) The position of the haul.
(xii) The number of pots or longline units (where applicable).
(xiii) The average number of hooks per longline unit (where
applicable).
(xiv) The trawl speed (where applicable).
(xv) The mesh size of the trawl's codend (where applicable).
(xvi) The estimated total weight of the catch for the trawl of set,
to at least the nearest metric ton round weight.
(3) ``SECTION TWO-CATCH'' must contain, for each trawl or set--
(i) The consecutive set or trawl number from ``SECTION ONE''.
(ii) The catch of each allocated species or species group to at
least the nearest 0.1 mt round weight.
(iii) The prohibited species catch to at least the nearest 0.1 mt
round weight or by number, as required by the regulations for the
fishery in which the FFV is engaged.
(iv) The species code of each marine mammal caught and its condition
when released.
(4) ``SECTION TWO-CATCH'' must contain, on a daily basis--
(i) The species codes for all allocated or prohibited species or
species groups caught.
(ii) For each allocated species--the amount, to at least the nearest
0.1 mt, and the daily disposition, either processed for human
consumption, used for fishmeal, or discarded; the daily catch by fishing
area; the daily catch for all fishing areas; and the cumulative total
catch.
(iii) For the total catch of allocated species--the amount to at
least the nearest 0.1 mt and the daily disposition, daily total catch by
fishing area, daily total catch for all fishing areas, and cumulative
total catch.
(iv) The catch by fishing area, daily total, and cumulative total of
each prohibited species.
(5) ``SECTION THREE--PRODUCTION'' must contain, on a daily basis,
for each allocated species caught and product produced--
(i) The product by species code and product type.
(ii) The daily product recovery rate of each species and product.
(iii) The daily total product produced by species to at least the
nearest 0.01 mt.
(iv) The cumulative total of each product to at least the nearest
0.01 mt.
(v) The cumulative amount of product transferred.
(vi) The balance of product remaining aboard the FFV.
(vii) The total daily amount, cumulative amount, transferred product
and balance of frozen product aboard the FFV to the nearest 0.01 mt.
(viii) Transferred amount and balance of fishmeal and fish oil
aboard to at least the nearest 0.01 mt.
(f) Daily consolidated fishing or joint venture log. The operator of
each FFV
[[Page 59]]
that receives unsorted, unprocessed fish from foreign catching vessels
(Activity Code 2) for processing or receives U.S.-harvested fish from
U.S. fishing vessels in a joint venture (Activity Code 4) must maintain
a daily joint venture log of the effort, catch and production of its
associated U.S. or foreign fishing vessels and the processing vessel as
modified by the regulations for the fishery in which the FFV is engaged.
This log is separate and in addition to the log required by paragraph
(d) of this section. The operator must maintain a separate log for each
fishery in which the FFV is engaged, on a daily and cumulative basis,
according to this section and in the format specified in the
instructions provided with the permit or other format authorized under
paragraph (i) of this section. Receipts of fish caught outside the EEZ
must be included. Each page of the log may contain entries pertaining to
only one day's fishing operations.
(g) Daily joint venture log--contents. Daily joint venture logs must
contain the following information, as modified by the fishery in which
the vessel is engaged, and be completed according to the format and
instructions provided with the permit or other format authorized under
paragraph (i) of this section.
(1) ``SECTION ONE-EFFORT'' must contain, on a daily basis, that
information required in paragraph (e)(1) of this section.
(2) ``SECTION ONE-EFFORT'' must contain for each receipt of a
codend--
(i) The consecutive codend number, beginning with the first codend
received for the calendar year.
(ii) The name of the U.S. fishing vessel or the name and IRCS of the
foreign fishing vessel the codend was received from.
(iii) The fishing area where the codend was received.
(iv) The time the codend was received.
(v) The position the codend was received.
(vi) The estimated weight of the codend to at least the nearest
metric ton round weight.
(3) ``SECTION TWO-CATCH'' must contain, for each codend received--
(i) The consecutive codend number from ``SECTION ONE''.
(ii) The receipts of each authorized species or species group and
its disposition, either processed for human consumption, used for
fishmeal, discarded, or returned to the U.S. fishing vessel, to at least
the nearest 0.1 mt round weight.
(iii) The estimated receipts of each prohibited species or species
group and its disposition, either discarded or returned to the U.S.
fishing vessel if authorized in the fishery in which the U.S. vessel is
engaged, to at least the nearest 0.1 mt round weight.
(iv) The species code of each marine mammal received and its
condition when released.
(4) ``SECTION TWO-CATCH'' must contain on a daily basis--
(i) The species codes of all authorized or prohibited species or
species groups received.
(ii) The daily disposition, as described in paragraph (g)(3)(ii) of
this section, daily total, and cumulative total receipts of each
authorized species or species groups.
(iii) The daily disposition, daily total and cumulative total
receipts of all authorized species or species groups.
(iv) The daily and cumulative total receipts of prohibited species
groups and their disposition as described in paragraph (g)(3)(iii) of
this section.
(5) ``SECTION THREE--PRODUCTION'' must contain, on a daily basis,
for each authorized species or species group received and product
produced, that information required in paragraph (e)(5) of this section.
(h) Daily log maintenance. The logs required by paragraphs (e)
through (g) of this section must be maintained separately for each
fishery (see table 2 to Sec. 600.502).
(1) The effort section (all of ``SECTION ONE'') of the daily logs
must be updated within 2 hours of the hauling or receipt time. The catch
or receipt by trawl or set (``SECTION TWO'') must be entered within 12
hours of the hauling or receipt time. The daily and cumulative total
catch or receipts (``SECTION TWO'') and the production portion
(``SECTION THREE'') of the log must be updated within 12 hours of the
end of the day on which the catch was
[[Page 60]]
taken. The date of catch is the day and time (GMT) the gear is hauled.
(2) Entries for total daily and cumulative catch or receipt weights
(disposition ``C'' or ``M'') must be based on the most accurate method
available to the vessel, either scale round weights or factory weights
converted to round weights. Entries for daily and cumulative weights of
discarded or returned fish (disposition ``D'' or ``R'') must be based on
the most accurate method available to the vessel, either actual count,
scale round weight, or estimated deck weights. Entries for product
weights must be based on the number of production units (pans, boxes,
blocks, trays, cans, or bags) and the average weight of the production
unit, with reasonable allowances for water added. Allowances for water
added cannot exceed 5 percent of the unit weight. Product weights cannot
be based on the commercial or arbitrary wholesale weight of the product,
but must be based on the total actual weight of the product as
determined by representative samples.
(3) The owner or operator must make all entries in indelible ink,
with corrections to be accomplished by lining out and rewriting, rather
than erasure.
(i) Alternative log formats. As an alternative to the use of the
specific formats provided, a Nation may submit a proposed log format for
FFV's of that Nation for a general type of fishery operation in a
fishery (i.e., joint venture operations) to the appropriate Regional
Administrator and the USCG commander (see tables 1 and 2 to
Sec. 600.502). With the agreement of the USCG commander, the Regional
Administrator may authorize the use of that log format for vessels of
the requesting Nation.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.508 Fishing operations.
(a) Catching. Each FFV authorized for activity code 1 may catch
fish. An FFV may retain its catch of any species or species group for
which there is an unfilled national allocation. All fish caught will be
counted against the national allocation, even if the fish are discarded,
unless exempted by the regulations of the fishery in which the FFV is
engaged. Catching operations may be conducted as specified by the
regulations of the fishery in which the FFV is engaged and as modified
by the FFV's permit.
(b) Scouting. Each FFV authorized for Activity Codes 1 through 6 may
scout for fish. Scouting may be conducted only in the fisheries area
authorized by the scouting vessel's permit and under such other
circumstances as may be designated in this subpart or the permit.
(c) Processing. Each FFV with Activity Code 1 or 2 may process fish.
Processing may only be conducted whenever and wherever catching
operations for FFV's of that Nation are permitted, whenever and wherever
joint venture operations are authorized by an FFV's permit under
Activity Code 4, and under such other circumstances as may be designated
in this subpart or the permit.
(d) Support. Each FFV with Activity Codes 1, 2, 3, 5, or 8 may
support other permitted FFV's. Each FFV with Activity Codes 4 or 6 may
support U.S. vessels. Support operations may be conducted only in the
fisheries areas authorized by the supporting vessel's permit, and under
such other circumstances as may be designated in this subpart or the
permit.
(e) Joint ventures. Each FFV with Activity Code 4 in addition to
Activity Codes 1 or 2 may also conduct operations with U.S. fishing
vessels. These joint venture operations with U.S. fishing vessels may be
conducted throughout the EEZ, and under such other circumstances as may
be designated in these regulations or the permit. FFV's with activity
code 4 may continue operations assisting U.S. fishing vessels, despite
closures under Sec. 600.511(a).
(f) Internal waters. For FFV's authorized under section 306(c) of
the Magnuson-Stevens Act:
(1) Each FFV may engage in fish processing and support of U.S.
fishing vessels within the internal waters of that state in compliance
with terms and conditions set by the authorizing Governor.
(2) The owner or operator of each FFV must submit weekly reports on
[[Page 61]]
the amount of fish received from vessels of the United States and the
location(s) where such fish were harvested.
(i) Reports must include:
(A) Vessel identification information for the FFV.
(B) Date of each receipt of fish.
(C) Amount of fish received, by species.
(D) Location(s) from which the fish received were harvested and the
name and official number of the vessel of the United States that
harvested the fish.
(ii) Owners or operators of FFV's processing fish in internal waters
under the provisions of this paragraph (f) must request, from the
Regional Administrator, the requirements regarding timing and submission
of the reports, at least 15 days prior to the first receipt of fish from
a vessel of the United States. The Regional Administrator shall
stipulate the timing and submission requirements in writing.
[61 FR 32540, June 24, 1996, as amended at 62 FR 27183, May 19, 1997; 62
FR 34397, June 26, 1997]
Sec. 600.509 Prohibited species.
(a) The owner or operator of each FFV must minimize its catch or
receipt of prohibited species.
(b) After allowing for sampling by an observer (if any), the owner
or operator of each FFV must sort its catch of fish received as soon as
possible and return all prohibited species and species parts to the sea
immediately with a minimum of injury, regardless of condition, unless a
different procedure is specified by the regulations for the fishery in
which the FFV is engaged. All prohibited species must be recorded in the
daily fishing log and other fishing logs as specified by the regulations
for the fishery in which the FFV is engaged.
(c) All species of fish that an FFV has not been specifically
allocated or authorized under this subpart to retain, including fish
caught or received in excess of any allocation or authorization, are
prohibited species.
(d) It is a rebuttable presumption that any prohibited species or
species part found on board an FFV was caught and retained in violation
of this section.
Sec. 600.510 Gear avoidance and disposal.
(a) Vessel and gear avoidance. (1) FFV's arriving on fishing grounds
where fishing vessels are already fishing or have set their gear for
that purpose must ascertain the position and extent of gear already
placed in the sea and must not place themselves or their fishing gear so
as to interfere with or obstruct fishing operations already in progress.
Vessels using mobile gear must avoid fixed fishing gear.
(2) The operator of each FFV must maintain on its bridge a current
plot of broadcast fixed-gear locations for the area in which it is
fishing, as required by the regulations for the fishery in which the FFV
is engaged.
(b) Gear conflicts. The operator of each FFV that is involved in a
conflict or that retrieves the gear of another vessel must immediately
notify the appropriate USCG commander identified in tables 1 and 2 to
Sec. 600.502 and request disposal instructions. Each report must
include:
(1) The name of the reporting vessel.
(2) A description of the incident and articles retrieved, including
the amount, type of gear, condition, and identification markings.
(3) The location of the incident.
(4) The date and time of the incident.
(c) Disposal of fishing gear and other articles. (1) The operator of
an FFV in the EEZ may not dump overboard, jettison or otherwise discard
any article or substance that may interfere with other fishing vessels
or gear, or that may catch fish or cause damage to any marine resource,
including marine mammals and birds, except in cases of emergency
involving the safety of the ship or crew, or as specifically authorized
by communication from the appropriate USCG commander or other authorized
officer. These articles and substances include, but are not limited to,
fishing gear, net scraps, bale straps, plastic bags, oil drums,
petroleum containers, oil, toxic chemicals or any manmade items
retrieved in an FFV's gear.
(2) The operator of an FFV may not abandon fishing gear in the EEZ.
(3) If these articles or substances are encountered, or in the event
of accidental or emergency placement into the
[[Page 62]]
EEZ, the vessel operator must immediately report the incident to the
appropriate USCG Commander indicated in tables 1 and 2 to Sec. 600.502,
and give the information required in paragraph (b) of this section.
Sec. 600.511 Fishery closure procedures.
(a) Activity Codes 1 and 2 for a fishery are automatically canceled
in the following cases, unless otherwise specified by regulations
specific to a fishery, when--
(1) The OY for any allocated species or species group has been
reached in that fishery;
(2) The TALFF or catch allowance for any allocated species or
species group has been reached in that fishery;
(3) The foreign nation's allocation for any allocated species or
species group has been reached; or
(4) The letter of credit required in Sec. 600.518(b)(2) is not
established and maintained.
(b) Activity Code 4 is automatically canceled when--
(1) The OY for a species with a JVP amount is reached;
(2) The JVP amount for a species or species group is reached; or
(3) The letter of credit required in Sec. 600.518(b)(2) is not
established and maintained.
(c) Notification. (1) The Regional Administrator is authorized to
close a fishery on behalf of NMFS. The Regional Administrator will
notify each FFV's designated representative of closures.
(2) If possible, notice will be given 48 hours before the closure.
However, each Nation and the owners and operators of all FFV's of that
Nation are responsible for ending fishing operations when an allocation
is reached.
(d) Catch reconciliation. Vessel activity reports, U.S. surveillance
observations, observer reports, and foreign catch and effort reports
will be used to make the determination listed in paragraphs (a) and (b)
of this section. If NMFS estimates of catch or other values made during
the season differ from those reported by the foreign fleets, efforts may
be initiated by the designated representative of each Nation to resolve
such differences with NMFS. If, however, differences still persist after
such efforts have been made, NMFS estimates will be the basis for
decisions and will prevail.
(e) Duration. Any closure under this section will remain in effect
until an applicable new or increased allocation or JVP becomes available
or the letter of credit required by Sec. 600.518(b)(2) is reestablished.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.512 Scientific research.
(a) Scientific research activity. Persons planning to conduct
scientific research activities in the EEZ that may be confused with
fishing are encouraged to submit to the appropriate Regional
Administrator, Director, or designee, 60 days or as soon as practicable
prior to its start, a scientific research plan for each scientific
cruise. The Regional Administrator, Director, or designee will
acknowledge notification of scientific research activity by issuing to
the operator or master of that vessel, or to the sponsoring institution,
a letter of acknowledgment. This letter of acknowledgment is separate
and distinct from any permit required under any other applicable law. If
the Regional Administrator, Director, or designee, after review of a
research plan, determines that it does not constitute scientific
research activity, but rather fishing, the Regional Administrator,
Director, or designee will inform the applicant as soon as practicable
and in writing. The Regional Administrator, Director, or designee may
also make recommendations to revise the research plan to make the cruise
acceptable as scientific research activity. In order to facilitate
identification of activity as scientific research, persons conducting
scientific research activities are advised to carry a copy of the
scientific research plan and the letter of acknowledgment on board the
scientific research vessel. Activities conducted in accordance with a
scientific research plan acknowledged by such a letter are presumed to
be scientific research activities. The presumption may be overcome by
showing that an activity does not fit the definition of scientific
research activity or is outside the scope of the scientific research
plan.
[[Page 63]]
(b) Reports. Persons conducting scientific research are requested to
submit a copy of any cruise report or other publication created as a
result of the cruise, including the amount, composition, and disposition
of their catch, to the appropriate Science and Research Director.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.513 Recreational fishing.
(a) Foreign vessels conducting recreational fishing must comply only
with this section, and Secs. 600.10, 600.504(a)(1), and 600.505 (as
applicable). Such vessels may conduct recreational fishing within the
EEZ and within the boundaries of a state. Any fish caught may not be
sold, bartered, or traded.
(b) The owners or operator and any other person aboard any foreign
vessel conducting recreational fishing must comply with any Federal laws
or regulations applicable to the domestic fishery while in the EEZ, and
any state laws or regulations applicable while in state waters.
Sec. 600.514 Relation to other laws.
(a) Persons affected by these regulations should be aware that other
Federal and state statutes may apply to their activities.
(b) Fishing vessel operators must exercise due care in the conduct
of fishing activities near submarine cables. Damage to submarine cables
resulting from intentional acts or from the failure to exercise due care
in the conduct of fishing operations subjects the fishing vessel
operator to enforcement action under the International Convention for
the Protection of Submarine Cables, and to the criminal penalties
prescribed by the Submarine Cable Act (47 U.S.C. 21) and other laws that
implement that Convention. Fishing vessel operators also should be aware
that the Submarine Cable Act prohibits fishing operations at a distance
of less than 1 nautical mile (1.85 km) from a vessel engaged in laying
or repairing a submarine cable; or at a distance of less than 0.25
nautical mile (0.46 km) from a buoy or buoys intended to mark the
position of a cable when being laid, or when out of order, or broken.
Sec. 600.515 Interpretation of 16 U.S.C. 1857(4).
Section 307(4) of the Magnuson-Stevens Act prohibits any fishing
vessel other than a vessel of the United States (foreign fishing vessel)
from operating in the EEZ if all of the fishing gear on board the vessel
is not stowed in compliance with that section ``unless such vessel is
authorized to engage in fishing in the area in which the vessel is
operating.'' If such a vessel has a permit authorization that is limited
to fishing activities other than catching, taking or harvesting (such as
support, scouting or processing activities), it must have all of its
fishing gear stowed at all times while it is in the EEZ. If such a
vessel has a permit authorization to engage in catching, taking or
harvesting activities, but such authorization is limited to a specific
area within the EEZ, and/or to a specific period of time, the vessel
must have all of its fishing gear stowed while it is in the EEZ, except
when it is in the specific area authorized, and/or during the specific
period of time authorized.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.516 Total allowable level of foreign fishing (TALFF).
(a) The TALFF, if any, with respect to any fishery subject to the
exclusive fishery management authority of the United States, is that
portion of the OY of such fishery that will not be caught by vessels of
the United States.
(b) Each specification of OY and each assessment of the anticipated
U.S. harvest will be reviewed during each fishing season. Adjustments to
TALFF's will be made based on updated information relating to status of
stocks, estimated and actual performance of domestic and foreign fleets,
and other relevant factors.
(c) Specifications of OY and the initial estimates of U.S. harvests
and TALFF's at the beginning of the relevant fishing year will be
published in the Federal Register. Adjustments to those numbers will be
published in the Federal Register upon occasion or as directed by
regulations implementing FMPs. For current apportionments,
[[Page 64]]
contact the appropriate Regional Administrator or the Director.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.517 Allocations.
The Secretary of State, in cooperation with the Secretary,
determines the allocation among foreign nations of fish species and
species groups. The Secretary of State officially notifies each foreign
nation of its allocation. The burden of ascertaining and accurately
transmitting current allocations and status of harvest of an applicable
allocation to fishing vessels is upon the foreign nation and the owner
or operator of the FFV.
Sec. 600.518 Fee schedule for foreign fishing.
(a) Permit application fees. Each vessel permit application
submitted under Sec. 600.501 must be accompanied by a fee of $354 per
vessel, plus the surcharge, if required under paragraph (e) of this
section, rounded to the nearest dollar. At the time the application is
submitted to the DOS, a check for the fees, drawn on a U.S. bank, made
out to ``Department of Commerce, NOAA,'' must be sent to the Director.
The permit fee payment must be accompanied by a list of the vessels for
which the payment is made.
(b) Poundage fees--(1) Rates. If a Nation chooses to accept an
allocation, poundage fees must be paid at the rate specified in the
following table, plus the surcharge required by paragraph (c) of this
section.
Table--Species and Poundage Fees
[Dollars per metric ton, unless otherwise noted]
------------------------------------------------------------------------
Poundage
Species fees fees
------------------------------------------------------------------------
Northwest Atlantic Ocean fisheries:
1. Butterfish.............................................. 274.61
2. Hake, red............................................... 163.97
3. Hake, silver............................................ 174.63
4. Herring................................................. 61.76
5. Mackerel, Atlantic...................................... 58.33
6. Other groundfish........................................ 119.09
7. Squid, Illex............................................ 103.98
8. Squid, Loligo........................................... 245.73
------------------------------------------------------------------------
(2) Method of payment of poundage fees, surcharges and observer
fees. (i) If a Nation chooses to accept an allocation, a revolving
letter of credit (L/C) must be established and maintained to cover the
poundage fees for at least 25 percent of the previous year's total
allocations at the rate in paragraph (b)(1) of this section, or as
determined by the Assistant Administrator, plus the surcharges and
observer fees required by paragraphs (c) and (d) of this section. The L/
C must--
(A) Be irrevocable.
(B) Be with a bank subscribing to ICC Pub. 290.
(C) Designate ``Department of Commerce, NOAA'' as beneficiary;
(D) Allow partial withdrawals.
(E) Be confirmed by a U.S. bank.
(ii) The customer must pay all commissions, transmission, and
service charges. No fishing will be allowed until the L/C is
established, and authorized written notice of its issuance is provided
to the Assistant Administrator.
(3) Assessment of poundage fees. Poundage fees will be assessed
quarterly for the actual catch during January through March, April
through June, July through September, and October through December. The
appropriate Regional Administrator will reconcile catch figures with
each country following the procedures of Sec. 600.511(d). When the catch
figures are agreed upon, NOAA will present a bill for collection as the
documentary demand for payment to the confirming bank. If, after 45 days
from the end of the quarter, catches have not been reconciled, the
estimate of the Regional Administrator will stand and a bill will be
issued for that amount. If necessary, the catch figures may be refined
by the Regional Administrator during the next 60 days, and any
modifications will be reflected in the next quarter's bill.
(c) Surcharges. The owner or operator of each foreign vessel who
accepts and pays permit application or poundage fees under paragraph (a)
or (b) of this section must also pay a surcharge. The Assistant
Administrator may reduce or waive the surcharge if it is determined that
the Fishing Vessel and Gear Damage Compensation Fund is capitalized
sufficiently. The Assistant Administrator also may increase the
surcharge during the year to a maximum level of
[[Page 65]]
20 percent, if needed, to maintain capitalization of the fund. The
Assistant Administrator has effectively waived the surcharge until
further notice.
(d) Observer fees. The Assistant Administrator will notify the
owners or operators of FFV's of the estimated annual costs of placing
observers aboard their vessels. The owners or operators of any such
vessel must provide for repayment of those costs by including one-fourth
of the estimated annual observer fee as determined by the Assistant
Administrator in a L/C as prescribed in Sec. 600.518(b)(2). During the
fiscal year, payment will be withdrawn from the L/C as required to cover
anticipated observer coverage for the upcoming fishery. The Assistant
Administrator will reconcile any differences between the estimated cost
and actual costs of observer coverage within 90 days after the end of
the fiscal year.
(e) Financial assurances. (1) A foreign nation, or the owners and
operators of certain vessels of that foreign nation, may be required by
the Assistant Administrator to provide financial assurances. Such
assurances may be required if--
(i) Civil and criminal penalties assessed against fishing vessels of
the Nation have not effectively deterred violations;
(ii) Vessels of that Nation have engaged in fishing in the EEZ
without proper authorization to conduct such activities;
(iii) The Nation's vessel owners have refused to answer
administrative charges or summons to appear in court; or
(iv) Enforcement of Magnuson-Stevens Act civil or criminal judgments
in the courts of a foreign nation is unattainable.
(2) The level of financial assurances will be guided by the level of
penalties assessed and costs to the U.S. Government.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.520 Northwest Atlantic Ocean fishery.
(a) Purpose. Sections 600.520 and 600.525 regulate all foreign
fishing conducted under a GIFA within the EEZ in the Atlantic Ocean
north of 35 deg.00' N. lat.
(b) Authorized fishery--(1) Allocations. Foreign vessels may engage
in fishing only in accordance with applicable national allocations.
(2) Time and area restrictions. (i) Fishing, including processing,
scouting, and support of foreign or U.S. vessels, is prohibited south of
35 deg.00' N. lat., and north and east of a line beginning at the shore
at 44 deg.22' N. lat., 67 deg.52' W. long. and intersecting the boundary
of the EEZ at 44 deg.11'12" N. lat., 67 deg.16'46" W. long.
(ii) The Regional Administrator will consult with the Council prior
to giving notice of any area or time restriction. NMFS will also consult
with the USCG if the restriction is proposed to reduce gear conflicts.
If NMFS determines after such consultation that the restriction appears
to be appropriate, NMFS will publish the proposed restriction in the
Federal Register, together with a summary of the information on which
the restriction is based. Following a 30-day comment period, NMFS will
publish a final action.
(iii) The Regional Administrator may rescind any restriction if he/
she determines that the basis for the restriction no longer exists.
(iv) Any notice of restriction shall operate as a condition imposed
on the permit issued to the foreign vessels involved in the fishery.
(3) TALFF. The TALFFs for the fisheries of the Northwest Atlantic
Ocean are published in the Federal Register. Current TALFFs are also
available from the Regional Administrator.
(4) Species definitions. The category ``other finfish'' used in
TALFFs and in allocations includes all species except:
(i) The other allocated species, namely: Short-finned squid, long-
finned squid, Atlantic herring, Atlantic mackerel, river herring
(includes alewife, blueback herring, and hickory shad), and butterfish.
(ii) The prohibited species, namely: American plaice, American shad,
Atlantic cod, Atlantic menhaden, Atlantic redfish, Atlantic salmon, all
marlin, all spearfish, sailfish, swordfish, black sea bass, bluefish,
croaker, haddock, ocean pout, pollock, red hake, scup, sea turtles,
sharks (except
[[Page 66]]
dogfish), silver hake, spot, striped bass, summer flounder, tilefish,
yellowtail flounder, weakfish, white hake, windowpane flounder, winter
flounder, witch flounder, Continental Shelf fishery resources, and other
invertebrates (except nonallocated squids).
(5) Closures. The taking of any species for which a Nation has an
allocation is permitted, provided that:
(i) The vessels of the foreign nation have not caught the allocation
of that Nation for any species or species group (e.g., ``other
finfish''). When vessels of a foreign nation have caught an applicable
allocation of any species, all further fishing other than scouting,
processing, or support by vessels of that Nation must cease, even if
other allocations have not been reached. Therefore, it is essential that
foreign nations plan their fishing strategy to ensure that the reaching
of an allocation for one species does not result in the premature
closing of a Nation's fishery for other allocated species.
(ii) The fishery has not been closed for other reasons under
Sec. 600.511.
(6) Allocation utilization. Foreign fishing vessels may elect to
retain or discard allocated species; however, the computation of
allocation utilization and fee refunds will be based on the total
quantity of that species that was caught. Prohibited species must always
be returned to the sea as required under Sec. 600.509.
(c) Fishing areas. For the purposes of the Northwest Atlantic Ocean
fishery, fishing areas are that portion of the EEZ shown inside the
boundaries of the ``three digit statistical areas'' described in Figure
1 to this section.
[[Page 67]]
[GRAPHIC] [TIFF OMITTED] TR24JN96.000
[[Page 68]]
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.525 Atlantic herring fishery.
(a) Initial specifications. The initial specifications of OY, DAH,
DAP, JVP, TALFF, and reserve (if any) have been established by the PMP
for Atlantic herring approved on July 6, 1995. These annual
specifications will remain in effect unless adjusted pursuant to the
provisions specified in paragraph (b) of this section.
(b) Procedures to adjust initial specifications. NMFS may adjust
these initial specifications upward or downward to produce the greatest
overall benefit to the United States at any time prior to or during the
fishing years for which the initial specifications are set by publishing
notification in the Federal Register with the reasons for such
adjustments. Any notice of adjustment may provide for public comment.
Adjustments to the initial specifications may take into account the
following information:
(1) The estimated domestic processing capacity and extent to which
it will be used.;
(2) Landings and catch statistics.;
(3) Stock assessments.
(4) Relevant scientific information.
Subpart G--Preemption of State Authority Under Section 306(b)
Sec. 600.605 General policy.
It is the policy of the Secretary that preemption proceedings will
be conducted expeditiously. The administrative law judge and counsel or
other representative for each party are encouraged to make every effort
at each stage of the proceedings to avoid delay.
Sec. 600.610 Factual findings for Federal preemption.
(a) The two factual findings for Federal preemption of state
management authority over a fishery are:
(1) The fishing in a fishery that is covered by an FMP implemented
under the Magnuson-Stevens Act is engaged in predominately within the
EEZ and beyond such zone.
(2) A state has taken any action, or omitted to take any action, the
results of which will substantially and adversely affect the carrying
out of such FMP.
(b) Whether fishing is engaged in ``predominately'' within or beyond
the EEZ will be determined after consideration of relevant factors,
including but not limited to, the catch (based on numbers, value, or
weight of fish caught, or other relevant factors) or fishing effort
during the appropriate period, and in light of historical patterns of
the distribution of catch or fishing effort for such stock or stocks of
fish.
(c) Whether relevant effects are substantial will be determined
after consideration of the magnitude of such actual or potential
effects. Relevant to this determination are various factors, including
but not limited to, the proportion of the fishery (stock or stocks of
fish and fishing for such stocks) that is subject to the effects of a
particular state's action or omission, the characteristics and status
(including migratory patterns and biological condition) of the stock or
stocks of fish in the fishery, and the similarity or dissimilarity
between the goals, objectives, or policies of the state's action or
omission and the management goals or objectives specified in the FMP for
the fishery or between the state and Federal conservation and management
measures of the fishery.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.615 Commencement of proceedings.
(a) Notice of proposed preemption. (1) If a proceeding under this
part is deemed necessary, the Administrator must issue a notice of
proposed preemption to the Attorney General of the State or States
concerned. The notice will contain:
(i) A recital of the legal authority and jurisdiction for
instituting the proceeding.
(ii) A concise statement of the Sec. 600.610 factual findings for
Federal preemption upon which the notice is based.
(iii) The time, place, and date of the hearing.
[[Page 69]]
(2) The notice of proposed preemption will also be published in the
Federal Register. This notification may be combined with any notice of
proposed rulemaking published under paragraph (d)(1) of this section.
(b) Response. The state will have the opportunity to respond in
writing to the notice of proposed preemption.
(c) Amendment. The Administrator may, at any time prior to the
Secretary's decision, withdraw the notice of proposed preemption. Upon
motion of either party before the record is closed, the administrative
law judge may amend the notice of proposed preemption.
(d) Proposed regulations--(1) In general. If additional regulations
are required to govern fishing within the boundaries of a state, the
Administrator may publish proposed regulations in the Federal Register
concurrently with issuing the notification indicated in paragraph (a) of
this section.
(2) Emergency actions. Nothing in this section will prevent the
Secretary from taking emergency action under section 305(c) of the
Magnuson-Stevens Act.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.620 Rules pertaining to the hearing.
(a) The civil procedure rules of the NOAA currently set forth in 15
CFR part 904, subpart C (or as subsequently amended), apply to the
proceeding after its commencement by service of notice (pursuant to
Sec. 600.615) and prior to the Secretary's decision (Sec. 600.625),
except that the following sections will not apply:
(1) 15 CFR 904.201 (Definitions);
(2) 15 CFR 904.206(a)(1) (Duties and powers of Judge); and
(3) 15 CFR 904.272 (Administrative review of decision).
(b) Additional duties and powers of judge--(1) Time periods. The
administrative law judge is authorized to modify all time periods
pertaining to the course of the hearing (under Secs. 600.615 and
600.620) to expedite the proceedings, upon application and appropriate
showing of need or emergency circumstances by a party.
(2) Intervention. Intervention by persons not parties is not
allowed.
Sec. 600.625 Secretary's decision.
(a) The Secretary will, on the basis of the hearing, record the
administrative law judge's recommended decision:
(1) Accept or reject any of the findings or conclusions of the
administrative law judge and decide whether the factual findings exist
for Federal preemption of a state's authority within its boundaries
(other than in its internal waters) with respect to the fishery in
question;
(2) Reserve decision on the merits or withdraw the notice of
proposed preemption; or
(3) Remand the case to the administrative law judge for further
proceedings as may be appropriate, along with a statement of reasons for
the remand.
(b) Notification. (1) If the factual findings for Federal preemption
are determined to exist, the Secretary will notify in writing the
Attorney General of that state and the appropriate Council(s) of the
preemption of that state's authority. The Secretary will also direct the
Administrator to promulgate appropriate regulations proposed under
Sec. 600.615(d) and otherwise to begin regulating the fishery within the
state's boundaries (other than in its internal waters).
(2) If the factual findings for Federal preemption are determined
not to exist, the Secretary will notify, in writing, the Attorney
General of the state and the appropriate Council(s) of that
determination. The Secretary will also direct the Administrator to issue
a notice withdrawing any regulations proposed under Sec. 600.615(d).
Sec. 600.630 Application for reinstatement of state authority.
(a) Application or notice. (1) At any time after the promulgation of
regulations under Sec. 600.625(b)(1) to regulate a fishery within a
state's boundaries, the affected state may apply to the Secretary for
reinstatement of state authority. The Secretary may also serve upon such
state a notice of intent to terminate such Federal regulation. A state's
application must include a clear and concise statement of:
(i) The action taken by the State to correct the action or omission
found to have substantially and adversely affected the carrying out of
the FMP; or
[[Page 70]]
(ii) Any changed circumstances that affect the relationship of the
state's action or omission to take action to the carrying out of the FMP
(including any amendment to such plan); and
(iii) Any laws, regulations, or other materials that the state
believes support the application.
(2) Any such application received by the Secretary or notice issued
to the State will be published in the Federal Register.
(b) Informal response. The Secretary has sole discretion to accept
or reject the application or response. If the Secretary accepts the
application or rejects any responses and finds that the reasons for
regulation of the fishery within the boundaries of the state no longer
prevail, the Secretary will promptly terminate such regulation and
publish in the Federal Register any regulatory amendments necessary to
accomplish that end.
(c) Hearing. The Secretary has sole discretion to direct the
Administrator to schedule hearings for the receipt of evidence by an
administrative law judge. Hearings before the administrative law judge
to receive such evidence will be conducted in accordance with
Sec. 600.620. Upon conclusion of such hearings, the administrative law
judge will certify the record and a recommended decision to the
Secretary. If the Secretary, upon consideration of the state's
application or any response to the notice published under
Sec. 600.630(a)(2), the hearing record, the recommended decision, and
any other relevant materials finds that the reasons for regulation of
the fishery within the boundaries of the state no longer prevail, the
Secretary will promptly terminate such regulation and publish in the
Federal Register any regulatory amendments necessary to accomplish that
end.
Subpart H--General Provisions for Domestic Fisheries
Sec. 600.705 Relation to other laws.
(a) General. Persons affected by these regulations should be aware
that other Federal and state statutes and regulations may apply to their
activities. Vessel operators may wish to refer to USCG regulations found
in the Code of Federal Regulations title 33--Navigation and Navigable
Waters and 46--Shipping; 15 CFR part 904, subpart D--Permit Sanctions
and Denials; and title 43--Public Lands (in regard to marine
sanctuaries).
(b) State responsibilities. Certain responsibilities relating to
data collection and enforcement may be performed by authorized state
personnel under a state/Federal agreement for data collection and a
tripartite agreement among the state, the USCG, and the Secretary for
enforcement.
(c) Submarine cables. Fishing vessel operators must exercise due
care in the conduct of fishing activities near submarine cables. Damage
to the submarine cables resulting from intentional acts or from the
failure to exercise due care in the conduct of fishing operations
subjects the fishing vessel operator to the criminal penalties
prescribed by the Submarine Cable Act (47 U.S.C. 21) which implements
the International Convention for the Protection of Submarine Cables.
Fishing vessel operators also should be aware that the Submarine Cable
Act prohibits fishing operations at a distance of less than 1 nautical
mile (1.85 km) from a vessel engaged in laying or repairing a submarine
cable; or at a distance of less than 0.25 nautical mile (0.46 km) from a
buoy or buoys intended to mark the position of a cable when being laid
or when out of order or broken.
(d) Marine mammals. Regulations governing exemption permits and the
recordkeeping and reporting of the incidental take of marine mammals are
set forth in part 229 of this title.
(e) Halibut fishing. Fishing for halibut is governed by regulations
of the International Pacific Halibut Commission set forth at part 300 of
this title.
(f) Marine sanctuaries. All fishing activity, regardless of species
sought, is prohibited under 15 CFR part 924 in the U.S.S. Monitor Marine
Sanctuary, which is located approximately 15 miles southwest of Cape
Hatteras off the coast of North Carolina.
Sec. 600.710 Permits.
Regulations pertaining to permits required for certain fisheries are
set forth in the parts of this chapter governing those fisheries.
[[Page 71]]
Sec. 600.715 Recordkeeping and reporting.
Regulations pertaining to records and reports required for certain
fisheries are set forth in the parts of this chapter governing those
fisheries.
Sec. 600.720 Vessel and gear identification.
Regulations pertaining to special vessel and gear markings required
for certain fisheries are set forth in the parts of this chapter
governing those fisheries.
Sec. 600.725 General prohibitions.
It is unlawful for any person to do any of the following:
(a) Possess, have custody or control of, ship, transport, offer for
sale, sell, purchase, land, import, or export, any fish or parts thereof
taken or retained in violation of the Magnuson-Stevens Act or any other
statute administered by NOAA and/or any regulation or permit issued
under the Magnuson-Stevens Act.
(b) Transfer or attempt to transfer, directly or indirectly, any
U.S.-harvested fish to any foreign fishing vessel, while such vessel is
in the EEZ, unless the foreign fishing vessel has been issued a permit
under section 204 of the Magnuson-Stevens Act, which authorizes the
receipt by such vessel of U.S.- harvested fish.
(c) Fail to comply immediately with enforcement and boarding
procedures specified in Sec. 600.730.
(d) Refuse to allow an authorized officer to board a fishing vessel
or to enter areas of custody for purposes of conducting any search,
inspection, or seizure in connection with the enforcement of the
Magnuson-Stevens Act or any other statute administered by NOAA.
(e) Dispose of fish or parts thereof or other matter in any manner,
after any communication or signal from an authorized officer, or after
the approach by an authorized officer or an enforcement vessel or
aircraft.
(f) Assault, resist, oppose, impede, intimidate, threaten, or
interfere with any authorized officer in the conduct of any search,
inspection, or seizure in connection with enforcement of the Magnuson-
Stevens Act or any other statute administered by NOAA.
(g) Interfere with, delay, or prevent by any means, the apprehension
of another person, knowing that such person has committed any act
prohibited by the Magnuson-Stevens Act or any other statute administered
by NOAA.
(h) Resist a lawful arrest for any act prohibited under the
Magnuson-Stevens Act or any other statute administered by NOAA.
(i) Make any false statement, oral or written, to an authorized
officer concerning the taking, catching, harvesting, landing, purchase,
sale, offer of sale, possession, transport, import, export, or transfer
of any fish, or attempts to do any of the above.
(j) Interfere with, obstruct, delay, or prevent by any means an
investigation, search, seizure, or disposition of seized property in
connection with enforcement of the Magnuson-Stevens Act or any other
statute administered by NOAA.
(k) Fish in violation of the terms or conditions of any permit or
authorization issued under the Magnuson-Stevens Act or any other statute
administered by NOAA.
(l) Fail to report catches as required while fishing pursuant to an
exempted fishing permit.
(m) On a scientific research vessel, engage in fishing other than
recreational fishing authorized by applicable state or Federal
regulations.
(n) Trade, barter, or sell; or attempt to trade, barter, or sell
fish possessed or retained while fishing pursuant to an authorization
for an exempted educational activity.
(o) Harass or sexually harass an authorized officer or an observer.
(p) Fail to submit to a USCG safety examination when required by
NMFS pursuant to Sec. 600.746.
(q) Fail to display a Commercial Fishing Vessel Safety Examination
decal or a valid certificate of compliance or inspection pursuant to
Sec. 600.746.
(r) Fail to provide to an observer, a NMFS employee, or a designated
observer provider information that has been requested pursuant to
Sec. 600.746, or
[[Page 72]]
fail to allow an observer, a NMFS employee, or a designated observer
provider to inspect any item described at Sec. 600.746.
(s) Fish without an observer when the vessel is required to carry an
observer.
(t) Assault, oppose, impede, intimidate, or interfere with a NMFS-
approved observer aboard a vessel.
(u) Prohibit or bar by command, impediment, threat, coercion, or
refusal of reasonable assistance, an observer from conducting his or her
duties aboard a vessel.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63
FR 27217; May 18, 1998]
Sec. 600.730 Facilitation of enforcement.
(a) General. The operator of, or any other person aboard, any
fishing vessel subject to parts 622 through 699 of this chapter must
immediately comply with instructions and signals issued by an authorized
officer to stop the vessel and with instructions to facilitate safe
boarding and inspection of the vessel, its gear, equipment, fishing
record (where applicable), and catch for purposes of enforcing the
Magnuson-Stevens Act or any other statute administered by NOAA and this
chapter.
(b) Communications. (1) Upon being approached by a USCG vessel or
aircraft, or other vessel or aircraft with an authorized officer aboard,
the operator of a fishing vessel must be alert for communications
conveying enforcement instructions.
(2) VHF-FM radiotelephone is the preferred method for communicating
between vessels. If the size of the vessel and the wind, sea, and
visibility conditions allow, a loudhailer may be used instead of the
radio. Hand signals, placards, high frequency radiotelephone, or voice
may be employed by an authorized officer, and message blocks may be
dropped from an aircraft.
(3) If other communications are not practicable, visual signals may
be transmitted by flashing light directed at the vessel signaled. USCG
units will normally use the flashing light signal ``L'' as the signal to
stop. In the International Code of Signals, ``L'' (.-..) means ``you
should stop your vessel instantly.'' (Period (.) means a short flash of
light; dash (-) means a long flash of light.)
(4) Failure of a vessel's operator promptly to stop the vessel when
directed to do so by an authorized officer using loudhailer,
radiotelephone, flashing light signal, or other means constitutes prima
facie evidence of the offense of refusal to permit an authorized officer
to board.
(5) The operator of a vessel who does not understand a signal from
an enforcement unit and who is unable to obtain clarification by
loudhailer or radiotelephone must consider the signal to be a command to
stop the vessel instantly.
(c) Boarding. The operator of a vessel directed to stop must:
(1) Guard Channel 16, VHF-FM, if so equipped.
(2) Stop immediately and lay to or maneuver in such a way as to
allow the authorized officer and his/her party to come aboard.
(3) Except for those vessels with a freeboard of 4 ft (1.2 m) or
less, provide a safe ladder, if needed, for the authorized officer and
his/her party to come aboard.
(4) When necessary to facilitate the boarding or when requested by
an authorized officer or observer, provide a manrope or safety line, and
illumination for the ladder.
(5) Take such other actions as necessary to facilitate boarding and
to ensure the safety of the authorized officer and the boarding party.
(d) Signals. The following signals, extracted from the International
Code of Signals, may be sent by flashing light by an enforcement unit
when conditions do not allow communications by loudhailer or
radiotelephone. Knowledge of these signals by vessel operators is not
required. However, knowledge of these signals and appropriate action by
a vessel operator may preclude the necessity of sending the signal ``L''
and the necessity for the vessel to stop instantly. (Period (.) means a
short flash of light; dash (-) means a long flash of light.)
(1) ``AA'' repeated (.-.-) is the call to an unknown station. The
operator of the signaled vessel should respond by
[[Page 73]]
identifying the vessel by radiotelephone or by illuminating the vessel's
identification.
(2) ``RY-CY'' (.-. -.-- -.-. -.--) means ``you should proceed at
slow speed, a boat is coming to you.'' This signal is normally employed
when conditions allow an enforcement boarding without the necessity of
the vessel being boarded coming to a complete stop, or, in some cases,
without retrieval of fishing gear which may be in the water.
(3) ``SQ3'' (... --.- ...--) means ``you should stop or heave to; I
am going to board you.''
[61 FR 32540, June 24, 1996, as amended at 61 FR 37225, July 17, 1996;
63 FR 7075, Feb. 12, 1998]
Sec. 600.735 Penalties.
Any person committing, or fishing vessel used in the commission of a
violation of the Magnuson-Stevens Act or any other statute administered
by NOAA and/or any regulation issued under the Magnuson-Stevens Act, is
subject to the civil and criminal penalty provisions and civil
forfeiture provisions of the Magnuson-Stevens Act, to this section, to
15 CFR part 904 (Civil Procedures), and to other applicable law.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.740 Enforcement policy.
(a) The Magnuson-Stevens Act provides four basic enforcement
remedies for violations, in ascending order of severity, as follows:
(1) Issuance of a citation (a type of warning), usually at the scene
of the offense (see 15 CFR part 904, subpart E).
(2) Assessment by the Administrator of a civil money penalty.
(3) For certain violations, judicial forfeiture action against the
vessel and its catch.
(4) Criminal prosecution of the owner or operator for some offenses.
It shall be the policy of NMFS to enforce vigorously and equitably the
provisions of the Magnuson-Stevens Act by utilizing that form or
combination of authorized remedies best suited in a particular case to
this end.
(b) Processing a case under one remedial form usually means that
other remedies are inappropriate in that case. However, further
investigation or later review may indicate the case to be either more or
less serious than initially considered, or may otherwise reveal that the
penalty first pursued is inadequate to serve the purposes of the
Magnuson-Stevens Act. Under such circumstances, the Agency may pursue
other remedies either in lieu of or in addition to the action originally
taken. Forfeiture of the illegal catch does not fall within this general
rule and is considered in most cases as only the initial step in
remedying a violation by removing the ill-gotten gains of the offense.
(c) If a fishing vessel for which a permit has been issued under the
Magnuson-Stevens Act is used in the commission of an offense prohibited
by section 307 of the Magnuson-Stevens Act, NOAA may impose permit
sanctions, whether or not civil or criminal action has been undertaken
against the vessel or its owner or operator. In some cases, the
Magnuson-Stevens Act requires permit sanctions following the assessment
of a civil penalty or the imposition of a criminal fine. In sum, the
Magnuson-Stevens Act treats sanctions against the fishing vessel permit
to be the carrying out of a purpose separate from that accomplished by
civil and criminal penalties against the vessel or its owner or
operator.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.745 Scientific research activity, exempted fishing, and exempted educational activity.
(a) Scientific research activity. Nothing in this section is
intended to inhibit or prevent any scientific research activity
conducted by a scientific research vessel. Persons planning to conduct
scientific research activities in the EEZ are encouraged to submit to
the appropriate Regional Administrator, Director, or designee, 60 days
or as soon as practicable prior to its start, a scientific research plan
for each scientific cruise. The Regional Administrator, Director, or
designee will acknowledge notification of scientific research activity
by issuing to the operator or
[[Page 74]]
master of that vessel, or to the sponsoring institution, a letter of
acknowledgment. This letter of acknowledgment is separate and distinct
from any permit required by any other applicable law. If the Regional
Administrator, Director, or designee, after review of a research plan,
determines that it does not constitute scientific research but rather
fishing, the Regional Administrator, Director, or designee will inform
the applicant as soon as practicable and in writing. The Regional
Administrator, Director, or designee may also make recommendations to
revise the research plan to make the cruise acceptable as scientific
research activity or recommend the applicant request an EFP. In order to
facilitate identification of activity as scientific research, persons
conducting scientific research activities are advised to carry a copy of
the scientific research plan and the letter of acknowledgment on board
the scientific research vessel. Activities conducted in accordance with
a scientific research plan acknowledged by such a letter are presumed to
be scientific research activity. The presumption may be overcome by
showing that an activity does not fit the definition of scientific
research activity or is outside the scope of the scientific research
plan.
(b) Exempted fishing.--(1) General. A NMFS Regional Administrator or
Director may authorize, for limited testing, public display, data
collection, exploratory, health and safety, environmental cleanup, and/
or hazard removal purposes, the target or incidental harvest of species
managed under an FMP or fishery regulations that would otherwise be
prohibited. Exempted fishing may not be conducted unless authorized by
an EFP issued by a Regional Administrator or Director in accordance with
the criteria and procedures specified in this section. The Regional
Administrator or Director may charge a fee to recover the administrative
expenses of issuing an EFP. The amount of the fee will be calculated, at
least annually, in accordance with procedures of the NOAA Handbook for
determining administrative costs of each special product or service; the
fee may not exceed such costs. Persons may contact the appropriate
Regional Administrator or Director to find out the applicable fee.
(2) Application. An applicant for an EFP shall submit a completed
application package to the appropriate Regional Administrator or
Director, as soon as practicable and at least 60 days before the desired
effective date of the EFP. Submission of an EFP application less than 60
days before the desired effective date of the EFP may result in a
delayed effective date because of review requirements. The application
package must include payment of any required fee as specified by
paragraph (b)(1) of this section, and a written application that
includes, but is not limited to, the following information:
(i) The date of the application.
(ii) The applicant's name, mailing address, and telephone number.
(iii) A statement of the purposes and goals of the exempted fishery
for which an EFP is needed, including justification for issuance of the
EFP.
(iv) For each vessel to be covered by the EFP, as soon as the
information is available and before operations begin under the EFP:
(A) A copy of the USCG documentation, state license, or registration
of each vessel, or the information contained on the appropriate
document.
(B) The current name, address, and telephone number of the owner and
master, if not included on the document provided for the vessel.
(v) The species (target and incidental) expected to be harvested
under the EFP, the amount(s) of such harvest necessary to conduct the
exempted fishing, the arrangements for disposition of all regulated
species harvested under the EFP, and any anticipated impacts on marine
mammals or endangered species.
(vi) For each vessel covered by the EFP, the approximate time(s) and
place(s) fishing will take place, and the type, size, and amount of gear
to be used.
(vii) The signature of the applicant.
(viii) The Regional Administrator or Director, as appropriate, may
request from an applicant additional information necessary to make the
determinations required under this section. An
[[Page 75]]
incomplete application or an application for which the appropriate fee
has not been paid will not be considered until corrected in writing and
the fee paid. An applicant for an EFP need not be the owner or operator
of the vessel(s) for which the EFP is requested.
(3) Issuance. (i) The Regional Administrator or Director, as
appropriate, will review each application and will make a preliminary
determination whether the application contains all of the required
information and constitutes an activity appropriate for further
consideration. If the Regional Administrator or Director finds that any
application does not warrant further consideration, both the applicant
and the affected Council(s) will be notified in writing of the reasons
for the decision. If the Regional Administrator or Director determines
that any application warrants further consideration, notification of
receipt of the application will be published in the Federal Register
with a brief description of the proposal, and the intent of NMFS to
issue an EFP. Interested persons will be given a 15- to 45-day
opportunity to comment and/or comments will be requested during public
testimony at a Council meeting. The notification may establish a cut-off
date for receipt of additional applications to participate in the same,
or a similar, exempted fishing activity. The Regional Administrator or
Director also will forward copies of the application to the Council(s),
the USCG, and the appropriate fishery management agencies of affected
states, accompanied by the following information:
(A) The effect of the proposed EFP on the target and incidental
species, including the effect on any TAC.
(B) A citation of the regulation or regulations that, without the
EFP, would prohibit the proposed activity.
(C) Biological information relevant to the proposal, including
appropriate statements of environmental impacts, including impacts on
marine mammals and threatened or endangered species.
(ii) If the application is complete and warrants additional
consultation, the Regional Administrator or Director may consult with
the appropriate Council(s) concerning the permit application during the
period in which comments have been requested. The Council(s) or the
Administrator or Regional Administrator shall notify the applicant in
advance of any meeting at which the application will be considered, and
offer the applicant the opportunity to appear in support of the
application.
(iii) As soon as practicable after receiving responses from the
agencies identified in paragraph (b)(3)(i) of this section, and/or after
the consultation, if any, described in paragraph (b)(3)(ii) of this
section, the Regional Administrator or Director shall notify the
applicant in writing of the decision to grant or deny the EFP, and, if
denied, the reasons for the denial. Grounds for denial of an EFP
include, but are not limited to, the following:
(A) The applicant has failed to disclose material information
required, or has made false statements as to any material fact, in
connection with his or her application; or
(B) According to the best scientific information available, the
harvest to be conducted under the permit would detrimentally affect the
well-being of the stock of any regulated species of fish, marine mammal,
or threatened or endangered species in a significant way; or
(C) Issuance of the EFP would have economic allocation as its sole
purpose; or
(D) Activities to be conducted under the EFP would be inconsistent
with the intent of this section, the management objectives of the FMP,
or other applicable law; or
(E) The applicant has failed to demonstrate a valid justification
for the permit; or
(F) The activity proposed under the EFP could create a significant
enforcement problem.
(iv) The decision of a Regional Administrator or Director to grant
or deny an EFP is the final action of NMFS. If the permit, as granted,
is significantly different from the original application, or is denied,
NMFS may publish notification in the Federal Register describing the
exempted fishing to be conducted under the EFP or the reasons for
denial.
[[Page 76]]
(v) The Regional Administrator or Director may attach terms and
conditions to the EFP consistent with the purpose of the exempted
fishing, including, but not limited to:
(A) The maximum amount of each regulated species that can be
harvested and landed during the term of the EFP, including trip
limitations, where appropriate.
(B) The number, size(s), name(s), and identification number(s) of
the vessel(s) authorized to conduct fishing activities under the EFP.
(C) The time(s) and place(s) where exempted fishing may be
conducted.
(D) The type, size, and amount of gear that may be used by each
vessel operated under the EFP.
(E) The condition that observers, a vessel monitoring system, or
other electronic equipment be carried on board vessels operated under an
EFP, and any necessary conditions, such as predeployment notification
requirements.
(F) Reasonable data reporting requirements.
(G) Other conditions as may be necessary to assure compliance with
the purposes of the EFP, consistent with the objectives of the FMP and
other applicable law.
(H) Provisions for public release of data obtained under the EFP
that are consistent with NOAA confidentiality of statistics procedures
at set out in subpart E. An applicant may be required to waive the right
to confidentiality of information gathered while conducting exempted
fishing as a condition of an EFP.
(4) Duration. Unless otherwise specified in the EFP or a superseding
notice or regulation, an EFP is effective for no longer than 1 year,
unless revoked, suspended, or modified. EFPs may be renewed following
the application procedures in this section.
(5) Alteration. Any permit that has been altered, erased, or
mutilated is invalid.
(6) Transfer. EFPs issued under this section are not transferable or
assignable. An EFP is valid only for the vessel(s) for which it is
issued.
(7) Inspection. Any EFP issued under this section must be carried on
board the vessel(s) for which it was issued. The EFP must be presented
for inspection upon request of any authorized officer.
(8) Sanctions. Failure of a permittee to comply with the terms and
conditions of an EFP may be grounds for revocation, suspension, or
modification of the EFP with respect to all persons and vessels
conducting activities under the EFP. Any action taken to revoke,
suspend, or modify an EFP for enforcement purposes will be governed by
15 CFR part 904, subpart D.
(c) Reports. (1) Persons conducting scientific research activity are
requested to submit a copy of any cruise report or other publication
created as a result of the cruise, including the amount, composition,
and disposition of their catch, to the appropriate Science and Research
Director.
(2) Persons fishing under an EFP are required to report their
catches to the appropriate Regional Administrator or Director, as
specified in the EFP.
(d) Exempted educational activities--(1) General. A NMFS Regional
Administrator or Director may authorize, for educational purposes, the
target or incidental harvest of species managed under an FMP or fishery
regulations that would otherwise be prohibited. The decision of a
Regional Administrator or Director to grant or deny an exempted
educational activity authorization is the final action of NMFS. Exempted
educational activities may not be conducted unless authorized in writing
by a Regional Administrator or Director in accordance with the criteria
and procedures specified in this section. Such authorization will be
issued without charge.
(2) Application. An applicant for an exempted educational activity
authorization shall submit to the appropriate Regional Administrator or
Director, at least 15 days before the desired effective date of the
authorization, a written application that includes, but is not limited
to, the following information:
(i) The date of the application.
(ii) The applicant's name, mailing address, and telephone number.
(iii) A brief statement of the purposes and goals of the exempted
educational
[[Page 77]]
activity for which authorization is requested, including a general
description of the arrangements for disposition of all species
collected.
(iv) Evidence that the sponsoring institution is a valid educational
institution, such as accreditation by a recognized national or
international accreditation body.
(v) The scope and duration of the activity.
(vi) For each vessel to be covered by the authorization:
(A) A copy of the U.S. Coast Guard documentation, state license, or
registration of the vessel, or the information contained on the
appropriate document.
(B) The current name, address, and telephone number of the owner and
master, if not included on the document provided for the vessel.
(vii) The species and amounts expected to be caught during the
exempted educational activity.
(viii) For each vessel covered by the authorization, the approximate
time(s) and place(s) fishing will take place, and the type, size, and
amount of gear to be used.
(ix) The signature of the applicant.
(x) The Regional Administrator or Director may request from an
applicant additional information necessary to make the determinations
required under this section. An incomplete application will not be
considered until corrected in writing.
(3) Issuance. (i) The Regional Administrator or Director, as
appropriate, will review each application and will make a determination
whether the application contains all of the required information, is
consistent with the goals, objectives, and requirements of the FMP or
regulations and other applicable law, and constitutes a valid exempted
educational activity. The applicant will be notified in writing of the
decision within 5 working days of receipt of the application.
(ii) The Regional Administrator or Director may attach terms and
conditions to the authorization, consistent with the purpose of the
exempted educational activity, including, but not limited to:
(A) The maximum amount of each regulated species that may be
harvested.
(B) The time(s) and place(s) where the exempted educational activity
may be conducted.
(C) The type, size, and amount of gear that may be used by each
vessel operated under the authorization.
(D) Reasonable data reporting requirements.
(E) Such other conditions as may be necessary to assure compliance
with the purposes of the authorization, consistent with the objectives
of the FMP or regulations.
(F) Provisions for public release of data obtained under the
authorization, consistent with NOAA confidentiality of statistics
procedures in subpart E. An applicant may be required to waive the right
to confidentiality of information gathered while conducting exempted
educational activities as a condition of the authorization.
(iii) The authorization will specify the scope of the authorized
activity and will include, at a minimum, the duration, vessel(s),
species and gear involved in the activity, as well as any additional
terms and conditions specified under paragraph (d)(3)(ii) of this
section.
(4) Duration. Unless otherwise specified, authorization for an
exempted educational activity is effective for no longer than 1 year,
unless revoked, suspended, or modified. Authorizations may be renewed
following the application procedures in this section.
(5) Alteration. Any authorization that has been altered, erased, or
mutilated is invalid.
(6) Transfer. Authorizations issued under this paragraph (d) are not
transferable or assignable.
(7) Inspection. Any authorization issued under this paragraph (d)
must be carried on board the vessel(s) for which it was issued or be in
possession of the applicant to which it was issued while the exempted
educational activity is being conducted. The authorization must be
presented for inspection upon request of any authorized officer.
Activities that meet the definition of fishing, despite an educational
purpose, are fishing. An authorization may
[[Page 78]]
allow covered fishing activities; however, fishing activities conducted
outside the scope of an authorization for exempted educational
activities are illegal.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.746 Observers.
(a) Applicability. This section applies to any fishing vessel
required to carry an observer as part of a mandatory observer program or
carrying an observer as part of a voluntary observer program under the
Magnuson-Stevens Act, MMPA (16 U.S.C. 1361 et seq.), the ATCA (16 U.S.C.
971 et seq.), the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et
seq.), or any other U.S. law.
(b) Observer requirement. An observer is not required to board, or
stay aboard, a vessel that is unsafe or inadequate as described in
paragraph (c) of this section.
(c) Inadequate or unsafe vessels. (1) A vessel is inadequate or
unsafe for purposes of carrying an observer and allowing operation of
normal observer functions if it does not comply with the applicable
regulations regarding observer accommodations (see 50 CFR parts 229,
285, 300, 600, 622, 648, 660, 678, and 679) or if it has not passed a
USCG safety examination or inspection. A vessel that has passed a USCG
safety examination or inspection must display one of the following:
(i) A current Commercial Fishing Vessel Safety Examination decal,
issued within the last 2 years, that certifies compliance with
regulations found in 33 CFR, chapter I and 46 CFR, chapter I;
(ii) A certificate of compliance issued pursuant to 46 CFR 28.710;
or
(iii) A valid certificate of inspection pursuant to 46 U.S.C. 3311.
(2) Upon request by an observer, a NMFS employee, or a designated
observer provider, a vessel owner/operator must provide correct
information concerning any item relating to any safety or accommodation
requirement prescribed by law or regulation. A vessel owner or operator
must also allow an observer, a NMFS employee, or a designated observer
provider to visually examine any such item.
(3) Pre-trip safety check. Prior to each observed trip, the observer
is encouraged to briefly walk through the vessel's major spaces to
ensure that no obviously hazardous conditions exist. In addition, the
observer is encouraged to spot check the following major items for
compliance with applicable USCG regulations:
(i) Personal flotation devices/immersion suits;
(ii) Ring buoys;
(iii) Distress signals;
(iv) Fire extinguishing equipment;
(v) Emergency position indicating radio beacon (EPIRB), when
required; and
(vi) Survival craft, when required.
(d) Corrective measures. If a vessel is inadequate or unsafe for
purposes of carrying an observer and allowing operation of normal
observer functions, NMFS may require the vessel owner or operator either
to:
(1) Submit to and pass a USCG safety examination or inspection; or
(2) Correct the deficiency that is rendering the vessel inadequate
or unsafe (e.g., if the vessel is missing one personal flotation device,
the owner or operator could be required to obtain an additional one),
before the vessel is boarded by the observer.
(e) Timing. The requirements of this section apply both at the time
of the observer's boarding, at all times the observer is aboard, and at
the time the observer is disembarking from the vessel.
(f) Effect of inadequate or unsafe status. A vessel that would
otherwise be required to carry an observer, but is inadequate or unsafe
for purposes of carrying an observer and for allowing operation of
normal observer functions, is prohibited from fishing without observer
coverage.
[63 FR 27217, May 18, 1998]
Subpart I--Fishery Negotiation Panels
Source: 62 FR 23669, May 1, 1997, unless otherwise noted.
Sec. 600.750 Definitions.
Consensus means unanimous concurrence among the members on a Fishery
[[Page 79]]
Negotiation Panel established under this rule, unless such Panel:
(1) Agrees to define such term to mean a general but not unanimous
concurrence; or
(2) agrees upon another specified definition.
Fishery negotiation panel (FNP) means an advisory committee
established by one or more Councils or the Secretary in accordance with
these regulations to assist in the development of fishery conservation
and management measures.
Interest means, with respect to an issue or matter, multiple parties
that have a similar point of view or that are likely to be affected in a
similar manner.
Report means a document submitted by an FNP in accordance with the
Magnuson-Stevens Act.
[62 FR 23669, May 1, 1997, as amended at 63 FR 7075, Feb. 12, 1998]
Sec. 600.751 Determination of need for a fishery negotiation panel.
A Council or NMFS may establish an FNP to assist in the development
of specific fishery conservation and management measures. In determining
whether to establish an FNP, NMFS or the Council, as appropriate, shall
consider whether:
(a) There is a need for specific fishery conservation and management
measures.
(b) There are a limited number of identifiable interests that will
be significantly affected by the conservation and management measure.
(c) There is a reasonable likelihood that an FNP can be convened
with a balanced representation of persons who:
(1) Can adequately represent the interests identified under
paragraph (b) of this section.
(2) Are willing to negotiate in good faith to reach a consensus on a
report regarding the issues presented.
(d) There is a reasonable likelihood that an FNP will reach
a consensus on a report regarding the issues presented within 1 year
from date of establishment of the FNP.
(e) The use of an FNP will not unreasonably delay Council or NMFS
fishery management plan development or rulemaking procedures.
(f) The costs of establishment and operation of an FNP are
reasonable when compared to fishery management plan development or
rulemaking procedures that do not use FNP procedures.
(g) The Council or NMFS has adequate resources and is willing to
commit such resources, including technical assistance, to an FNP.
(h) The use of an FNP is in the public interest.
Sec. 600.752 Use of conveners and facilitators.
(a) Purposes of conveners. A Council or NMFS may use the services of
a trained convener to assist the Council or NMFS in: (1) Conducting
discussions to identify the issues of concern, and to ascertain whether
the establishment of an FNP regarding such matter is feasible and
appropriate.
(2) Identifying persons who will be significantly affected by the
issues presented in paragraph (a)(1) of this section.
(b) Duties of conveners. The convener shall report findings under
paragraph (a)(2) of this section and shall make recommendations to the
Council or NMFS. Upon request of the Council or NMFS, the convener shall
ascertain the names of persons who are willing and qualified to
represent interests that will be significantly affected by the potential
conservation and management measures relevant to the issues to be
negotiated. The report and any recommendations of the convener shall be
made available to the public upon request.
(c) Selection of facilitator. Notwithstanding section 10(e) of the
Federal Advisory Committee Act (FACA), a Council or NMFS may nominate a
person trained in facilitation either from the Federal Government or
from outside the Federal Government to serve as an impartial, neutral
facilitator for the negotiations of the FNP, subject to the approval of
the FNP, by consensus. The facilitator may be the same person as the
convener used under paragraph (a) of this section. If the FNP does not
approve the nominee of the Council or NMFS for facilitator, the FNP
shall submit a substitute nomination. If an
[[Page 80]]
FNP does not approve any nominee of the Council or NMFS for facilitator,
the FNP shall select, by consensus, a person to serve as facilitator. A
person designated to represent the Council or NMFS in substantive issues
may not serve as facilitator or otherwise chair the FNP.
(d) Roles and duties of facilitator. A facilitator shall:
(1) Chair the meetings of the FNP in an impartial manner.
(2) Impartially assist the members of the FNP in conducting
discussions and negotiations.
(3) Manage the keeping of minutes and records as required under
section 10(b) and (c) of FACA.
Sec. 600.753 Notice of intent to establish a fishery negotiation panel.
(a) Publication of notice. If, after considering the report of a
convener or conducting its own assessment, a Council or NMFS decides to
establish an FNP, NMFS shall publish in the Federal Register and, as
appropriate, in trade or other specialized publications, a document that
shall include:
(1) An announcement that the Council or NMFS intends to establish an
FNP to negotiate and develop a report concerning specific conservation
and management measures.
(2) A description of the subject and scope of the conservation and
management measure, and the issues to be considered.
(3) A list of the interests that are likely to be significantly
affected by the conservation and management measure.
(4) A list of the persons proposed to represent such interests and
the person or persons proposed to represent the Council or NMFS.
(5) A proposed agenda and schedule for completing the work of the
FNP.
(6) A description of administrative support for the FNP to be
provided by the Council or NMFS, including technical assistance.
(7) A solicitation for comments on the proposal to establish the
FNP, and the proposed membership of the FNP.
(8) An explanation of how a person may apply or nominate another
person for membership on the FNP, as provided under paragraph (b) of
this section.
(b) Nomination of members and public comment. Persons who may be
significantly affected by the development of conservation and management
measure and who believe that their interests will not be adequately
represented by any person specified in a document under paragraph (a)(4)
of this section may apply for, or nominate another person for,
membership on the FNP to represent such interests. Each application or
nomination shall include:
(1) The name of the applicant or nominee and a description of the
interests such person shall represent.
(2) Evidence that the applicant or nominee is authorized to
represent parties related to the interests the person proposes to
represent.
(3) A written commitment that the applicant or nominee shall
actively participate in good faith in the development of the
conservation and management measure under consideration.
(4) The reasons that the persons specified in the document under
paragraph (a)(4) of this section do not adequately represent the
interests of the person submitting the application or nomination.
(c) Public comment. The Council or NMFS shall provide at least 30
calendar days for the submission of comments and applications under this
section.
Sec. 600.754 Decision to establish a fishery negotiation panel.
(a) Determination to establish an FNP. If, after considering
comments and applications submitted under Sec. 600.753, the Council or
NMFS determines that an FNP can adequately represent the interests that
will be significantly affected and that it is feasible and appropriate
in the particular case, the Council or NMFS may establish an FNP.
(b) Determination not to establish FNP. If, after considering such
comments and applications, the Council or NMFS decides not to establish
an FNP, the Council or NMFS shall promptly publish notification of such
decision and the reasons therefor in the Federal Register and, as
appropriate, in trade or other specialized publications, a
[[Page 81]]
copy of which shall be sent to any person who applied for, or nominated
another person for membership on the FNP to represent such interests
with respect to the issues of concern.
Sec. 600.755 Establishment of a fishery negotiation panel.
(a) General authority. (1) A Council may establish an FNP to assist
in the development of specific conservation and management measures for
a fishery under its authority.
(2) NMFS may establish an FNP to assist in the development of
specific conservation and management measures required for:
(i) A fishery for which the Secretary has authority under section
304(e)(5) of the Magnuson-Stevens Act, regarding rebuilding of
overfished fisheries;
(ii) A fishery for which the Secretary has authority under 16 U.S.C.
section 304(g), regarding highly migratory species; or
(iii) Any fishery with the approval of the appropriate Council.
(b) Federal Advisory Committee Act (FACA) In establishing and
administering such an FNP, the Council or NMFS shall comply with the
FACA with respect to such FNP.
(c) Balance. Each potentially affected organization or individual
does not necessarily have to have its own representative, but each
interest must be adequately represented. The intent is to have a group
that as a whole reflects a proper balance and mix of interests.
Representatives must agree, in writing, to negotiate in good faith.
(d) Membership. The Council or NMFS shall limit membership on an FNP
to no more than 25 members, unless the Council or NMFS determines that a
greater number of members is necessary for the functioning of the FNP or
to achieve balanced membership. Each FNP shall include at least one
person representing the Council in addition to at least one person
representing NMFS.
Sec. 600.756 Conduct and operation of a fishery negotiation panel.
(a) Roles and duties of an FNP. Each FNP shall consider the issue
proposed by the Council or NMFS for consideration and shall attempt to
reach a consensus concerning a report to assist in the development of a
conservation and management measure with respect to such matter and any
other matter the FNP determines is relevant to the development of a
conservation and management measure. An FNP may adopt procedures for the
operation of the FNP.
(b) Roles and duties of representative of the council or NMFS. The
person or persons representing the Council or NMFS on an FNP shall
participate in the deliberations and activities of the FNP with the same
rights and responsibilities as other members of the FNP, and shall be
authorized to fully represent the Council or NMFS in the discussions and
negotiations of the FNP.
Sec. 600.757 Operational protocols.
(a) Services of conveners and facilitators. A Council or NMFS may
employ or enter into contracts for the services of an individual or
organization to serve as a convener or facilitator for an FNP
established under Sec. 600.755, or may use the services of a government
employee to act as a convener or a facilitator for such an FNP.
(b) Councils. For an FNP proposed and established by one or more
Councils approved expenses shall be paid out of the Council's operating
budget.
(c) Expenses of FNP members. Members of an FNP shall be responsible
for their own expenses of participation in such an FNP, except that NMFS
or the Council may, in accordance with section 7(d) of FACA, pay for a
member's reasonable travel and per diem expenses, and a reasonable rate
of compensation, if:
(1) Such member certifies a lack of adequate financial resources to
participate in the FNP.
(2) The Council or NMFS determines that such member's participation
in the FNP is necessary to assure an adequate representation of the
member's interest.
(d) Administrative support. The Council or NMFS shall provide
appropriate administrative support to an FNP including technical
assistance.
[[Page 82]]
Sec. 600.758 Preparation of report.
(a) At the conclusion of the negotiations, an FNP may submit a
report. Such report shall specify:
(1) All the areas where consensus was reached by the FNP, including,
if appropriate, proposed conservation and management measures.
(2) Any other information submitted by members of the FNP.
(b) Upon receipt of the report, the Council or NMFS shall publish
such report in the Federal Register for public comment.
Sec. 600.759 Use of report.
A Council or NMFS may, at its discretion, use all or a part of a
report prepared in accordance with Sec. 600.758 in the development of
conservation and management measures. Neither a Council nor NMFS,
whichever is appropriate, is required to use such report.
Sec. 600.760 Fishery Negotiation Panel lifetime.
(a) An FNP shall terminate upon either:
(1) Submission of a report prepared in accordance with Sec. 600.758;
or
(2) Submission of a written statement from the FNP to the Council or
NMFS that no consensus can be reached.
(b) In no event shall an FNP exist for longer than 1 year from the
date of establishment unless granted an extension. Upon written request
by the FNP to the Council or NMFS, and written authorization from the
Council or NMFS (whichever is appropriate), the Secretary may authorize
an extension for a period not to exceed 6 months. No more than one
extension may be granted per FNP.
Subpart J--Essential Fish Habitat (EFH)
Source: 62 FR 66551, Dec. 19, 1997, unless otherwise noted.
Sec. 600.805 Purpose and scope.
(a) Purpose. This subpart provides guidelines for Councils and the
Secretary to use in adding the required provision on EFH to an FMP,
i.e., description and identification of essential fish habitat (EFH),
adverse impacts on EFH (including minimizing, to the extent practicable,
adverse impacts from fishing), and actions to conserve and enhance EFH.
(b) Scope--(1) Species covered. An EFH provision in an FMP must
include all fish species in the FMU. A Council may describe, identify,
and protect the habitat of species not in an FMU; however, such habitat
may not be considered EFH for the purposes of sections 303(a)(7) and
305(b) of the Magnuson-Stevens Act.
(2) Geographic. EFH may be described and identified in waters of the
United States, as defined in 33 CFR 328.3 and the exclusive economic
zone, as defined in Sec. 600.10. Councils may describe, identify, and
protect habitats of managed species beyond the exclusive economic zone;
however, such habitat may not be considered EFH for the purposes of
section 303(a)(7) and 305(b) of the Magnuson-Stevens Act. Activities
that may adversely impact such habitat can be addressed through any
process conducted in accordance with international agreements between
the United States and the foreign nation(s) undertaking or authorizing
the action.
Sec. 600.810 Definitions and word usage.
(a) Definitions. In addition to the definitions in the Magnuson-
Stevens Act and Sec. 600.10, the terms in this subpart have the
following meanings:
Adverse effect means any impact which reduces quality and/or
quantity of EFH. Adverse effects may include direct (e.g., contamination
or physical disruption), indirect (e.g., loss of prey, or reduction in
species' fecundity), site-specific or habitat-wide impacts, including
individual, cumulative, or synergistic consequences of actions.
Council includes the Secretary, as applicable, when preparing
Secretarial FMPs or amendments under sections 304(c) and (g) of the
Magnuson-Stevens Act.
Ecosystem means communities of organisms interacting with one
another and with the chemical and physical factors making up their
environment.
Habitat areas of particular concern means those areas of EFH
identified pursuant to Sec. 600.815(a)(9).
[[Page 83]]
Healthy ecosystem means an ecosystem where ecological productive
capacity is maintained, diversity of the flora and fauna is preserved,
and the ecosystem retains the ability to regulate itself. Such an
ecosystem should be similar to comparable, undisturbed, ecosystems with
regard to standing crop, productivity, nutrient dynamics, trophic
structure, species richness, stability, resilience, contamination
levels, and the frequency of diseased organisms.
Overfished means any stock or stock complex, the status of which is
reported as overfished by the Secretary pursuant to Sec. 304(e)(1) of
the Magnuson-Stevens Act.
(b) Word usage. The terms ``must'', ``shall'', ``should'', ``may'',
``may not'', ``will'', ``could'', and ``can'', are used in the same
manner as in Sec. 600.305(c).
Sec. 600.815 Contents of Fishery Management Plans.
(a) Mandatory contents--(1) Habitat requirements by life history
stage. FMPs must describe EFH in text and with tables that provide
information on the biological requirements for each life history stage
of the species. These tables should summarize all available information
on environmental and habitat variables that control or limit
distribution, abundance, reproduction, growth, survival, and
productivity of the managed species. Information in the tables should be
supported with citations.
(2) Description and identification of EFH--(i) Information
requirements. (A) An initial inventory of available environmental and
fisheries data sources relevant to the managed species should be used in
describing and identifying EFH. This inventory should also help to
identify major species-specific habitat data gaps. Deficits in data
availability (i.e., accessibility and application of the data) and in
data quality (including considerations of scale and resolution;
relevance; and potential biases in collection and interpretation) should
be identified.
(B) To identify EFH, basic information is needed on current and
historic stock size, the geographic range of the managed species, the
habitat requirements by life history stage, and the distribution and
characteristics of those habitats. Information is also required on the
temporal and spatial distribution of each major life history stage
(defined by developmental and functional shifts). Since EFH should be
identified for each major life history stage, data should be collected
on, but not limited to, the distribution, density, growth, mortality,
and production of each stage within all habitats occupied, or formerly
occupied, by the species. These data should be obtained from the best
available information, including peer-reviewed literature, data reports
and ``gray'' literature, data files of government resource agencies, and
any other sources of quality information.
(C) The following approach should be used to gather and organize the
data necessary for identifying EFH. Information from all levels should
be used to identify EFH. The goal of this procedure is to include as
many levels of analysis as possible within the constraints of the
available data. Councils should strive to obtain data sufficient to
describe habitat at the highest level of detail (i.e., Level 4).
(1) Level 1: Presence/absence distribution data are available for
some or all portions of the geographic range of the species. At this
level, only presence/absence data are available to describe the
distribution of a species (or life history stage) in relation to
potential habitats. Care should be taken to ensure that all potential
habitats have been sampled adequately. In the event that distribution
data are available for only portions of the geographic area occupied by
a particular life history stage of a species, EFH can be inferred on the
basis of distributions among habitats where the species has been found
and on information about its habitat requirements and behavior.
(2) Level 2: Habitat-related densities of the species are available.
At this level, quantitative data (i.e., density or relative abundance)
are available for the habitats occupied by a species or life history
stage. Because the efficiency of sampling methods is often affected by
habitat characteristics, strict quality assurance criteria should be
used to ensure that density estimates are comparable among methods and
habitats.
[[Page 84]]
Density data should reflect habitat utilization, and the degree that a
habitat is utilized is assumed to be indicative of habitat value. When
assessing habitat value on the basis of fish densities in this manner,
temporal changes in habitat availability and utilization should be
considered.
(3) Level 3: Growth, reproduction, or survival rates within habitats
are available. At this level, data are available on habitat-related
growth, reproduction, and/or survival by life history stage. The
habitats contributing the most to productivity should be those that
support the highest growth, reproduction, and survival of the species
(or life history stage).
(4) Level 4: Production rates by habitat are available. At this
level, data are available that directly relate the production rates of a
species or life history stage to habitat type, quantity, quality, and
location. Essential habitats are those necessary to maintain fish
production consistent with a sustainable fishery and the managed
species' contribution to a healthy ecosystem.
(ii) EFH determination. (A) The information obtained through the
analysis in paragraph (a)(2)(i) of this section will allow Councils to
assess the relative value of habitats. Councils should interpret this
information in a risk-averse fashion, to ensure adequate areas are
protected as EFH of managed species. Level 1 information, if available,
should be used to identify the geographic range of the species. Level 2
through 4 information, if available, should be used to identify the
habitats valued most highly within the geographic range of the species.
If only Level 1 information is available, presence/absence data should
be evaluated (e.g., using a frequency of occurrence or other appropriate
analysis) to identify those habitat areas most commonly used by the
species. Areas so identified should be considered essential for the
species. However, habitats of intermediate and low value may also be
essential, depending on the health of the fish population and the
ecosystem. Councils must demonstrate that the best scientific
information available was used in the identification of EFH, consistent
with national standard 2, but other data may also be used for the
identification.
(B) If a species is overfished, and habitat loss or degradation may
be contributing to the species being identified as overfished, all
habitats currently used by the species should be considered essential in
addition to certain historic habitats that are necessary to support
rebuilding the fishery and for which restoration is technologically and
economically feasible. Once the fishery is no longer considered
overfished, the EFH identification should be reviewed, and the FMP
amended, if appropriate.
(C) EFH will always be greater than or equal to aquatic areas that
have been identified as ``critical habitat'' for any managed species
listed as threatened or endangered under the Endangered Species Act.
(D) Where a stock of a species is considered to be healthy, then EFH
for the species should be a subset of all existing habitat for the
species.
(E) Ecological relationships among species and between the species
and their habitat require, where possible, that an ecosystem approach be
used in determining the EFH of a managed species or species assemblage.
The extent of the EFH should be based on the judgment of the Secretary
and the appropriate Council(s) regarding the quantity and quality of
habitat that is necessary to maintain a sustainable fishery and the
managed species' contribution to a healthy ecosystem.
(F) If degraded or inaccessible aquatic habitat has contributed to
the reduced yields of a species or assemblage, and in the judgment of
the Secretary and the appropriate Council(s), the degraded conditions
can be reversed through such actions as improved fish passage techniques
(for fish blockages), improved water quality or quantity measures
(removal of contaminants or increasing flows), and similar measures that
are technologically and economically feasible, then EFH should include
those habitats that would be essential to the species to obtain
increased yields.
(iii) EFH Mapping Requirements. The general distribution and
geographic limits of EFH for each life history stage should be presented
in FMPs in
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the form of maps. Ultimately, these data should be incorporated into a
geographic information system (GIS) to facilitate analysis and
presentation. These maps may be presented as fixed in time and space,
but they should encompass all appropriate temporal and spatial
variability in the distribution of EFH. If the geographic boundaries of
EFH change seasonally, annually, or decadally, these changing
distributions need to be represented in the maps. Different types of EFH
should be identified on maps along with areas used by different life
history stages of the species. The type of information used to identify
EFH should be included in map legends, and more detailed and informative
maps should be produced as more complete information about population
responses (e.g., growth, survival, or reproductive rates) to habitat
characteristics becomes available. Where the present distribution or
stock size of a species or life history stage is different from the
historical distribution or stock size, then maps of historical habitat
boundaries should be included in the FMP, if known. The EFH maps are a
means to visually present the EFH described in the FMP. If the maps
identifying EFH and the information in the description of EFH differ,
the description is ultimately determinative of the limits of EFH.
(3) Fishing activities that may adversely affect EFH. (i) Adverse
effects from fishing may include physical, chemical, or biological
alterations of the substrate, and loss of, or injury to, benthic
organisms, prey species and their habitat, and other components of the
ecosystem.
(ii) FMPs must include management measures that minimize adverse
effects on EFH from fishing, to the extent practicable, and identify
conservation and enhancement measures. The FMP must contain an
assessment of the potential adverse effects of all fishing equipment
types used in waters described as EFH. This assessment should consider
the relative impacts of all fishing equipment types used in EFH on
different types of habitat found within EFH. Special consideration
should be given to equipment types that will affect habitat areas of
particular concern. In completing this assessment, Councils should use
the best scientific information available, as well as other appropriate
information sources, as available. Included in this assessment should be
consideration of the establishment of research closure areas and other
measures to evaluate the impact of any fishing activity that physically
alters EFH.
(iii) Councils must act to prevent, mitigate, or minimize any
adverse effects from fishing, to the extent practicable, if there is
evidence that a fishing practice is having an identifiable adverse
effect on EFH, based on the assessment conducted pursuant to paragraph
(a)(3)(ii) of this section and/or the cumulative impacts analysis
conducted pursuant to paragraph (a)(6)(ii) of this section.
(iv) In determining whether it is practicable to minimize an adverse
effect from fishing, Councils should consider whether, and to what
extent, the fishing activity is adversely impacting EFH, including the
fishery; the nature and extent of the adverse effect on EFH; and whether
the management measures are practicable, taking into consideration the
long and short-term costs as well as benefits to the fishery and its
EFH, along with other appropriate factors, consistent with national
standard 7.
(4) Options for managing adverse effects from fishing. Fishery
management options may include, but are not limited to:
(i) Fishing equipment restrictions. These options may include, but
are not limited to: Seasonal and area restrictions on the use of
specified equipment; equipment modifications to allow escapement of
particular species or particular life stages (e.g., juveniles);
prohibitions on the use of explosives and chemicals; prohibitions on
anchoring or setting equipment in sensitive areas; and prohibitions on
fishing activities that cause significant physical damage in EFH.
(ii) Time/area closures. These actions may include, but are not
limited to: Closing areas to all fishing or specific equipment types
during spawning, migration, foraging, and nursery activities; and
designating zones for use as
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marine protected areas to limit adverse effects of fishing practices on
certain vulnerable or rare areas/species/life history stages, such as
those areas designated as habitat areas of particular concern.
(iii) Harvest limits. These actions may include, but are not limited
to, limits on the take of species that provide structural habitat for
other species assemblages or communities, and limits on the take of prey
species.
(5) Identification of Non-fishing related activities that may
adversely affect EFH. FMPs must identify activities that have the
potential to adversely affect EFH quantity or quality, or both. Broad
categories of activities which can adversely affect EFH include, but are
not limited to: Dredging, fill, excavation, mining, impoundment,
discharge, water diversions, thermal additions, actions that contribute
to non-point source pollution and sedimentation, introduction of
potentially hazardous materials, introduction of exotic species, and the
conversion of aquatic habitat that may eliminate, diminish, or disrupt
the functions of EFH. An FMP should describe the EFH most likely to be
adversely affected by these or other activities. For each activity, the
FMP should describe known and potential adverse impacts to EFH. The
descriptions should explain the mechanisms or processes that may cause
the adverse effects and how these may affect habitat function. A GIS or
other mapping system should be used to support analyses of data. Maps
geographically depicting impacts identified in this paragraph should be
included in an FMP.
(6) Cumulative impacts analysis--(i) Analysis. To the extent
feasible and practicable, FMPs should analyze how fishing and non-
fishing activities influence habitat function on an ecosystem or
watershed scale. This analysis should describe the ecosystem or
watershed, the dependence of the managed species on the ecosystem or
watershed, especially EFH; and how fishing and non-fishing activities,
individually or in combination, impact EFH and the managed species, and
how the loss of EFH may affect the ecosystem. An assessment of the
cumulative and synergistic effects of multiple threats, including the
effects of natural stresses (such as storm damage or climate-based
environmental shifts), and an assessment of the ecological risks
resulting from the impact of those threats on the managed species'
habitat should also be included. For the purposes of this analysis,
cumulative impacts are impacts on the environment that result from the
incremental impact of an action when added to other past, present, and
reasonably foreseeable future actions, regardless of who undertakes such
actions. Cumulative impacts can result from individually minor, but
collectively significant actions taking place over a period of time.
(ii) Cumulative impacts from fishing. In addressing the impacts of
fishing on EFH, Councils should also consider the cumulative impacts of
multiple fishing practices and non-fishing activities on EFH,
especially, on habitat areas of particular concern. Habitats that are
particularly vulnerable to specific fishing equipment types should be
identified for possible designation as habitat areas of particular
concern.
(iii) Mapping cumulative impacts. A GIS or other mapping system
should be used to support analyses of data. Maps depicting data
documenting cumulative impacts identified in this paragraph should be
included in an FMP.
(iv) Research needs. If completion of these analyses is not feasible
or practicable for every ecosystem or watershed within an area
identified as EFH, Councils should, in consultation with NMFS, identify
in the FMP priority research areas to allow these analyses to be
completed. Councils should include a schedule for completing such
research. Such schedule of priority research areas should be combined
with the research needs identified pursuant to paragraph (a)(10) of this
section.
(7) Conservation and enhancement--(i) Contents of FMPs. FMPs must
describe options to avoid, minimize, or compensate for the adverse
effects identified pursuant to paragraphs (a) (5) and (6) of this
section and promote the conservation and enhancement of EFH, especially
in habitat areas of particular concern.
(ii) General conservation and enhancement recommendations.
Generally, non-
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water dependent actions should not be located in EFH if such actions may
have adverse impacts on EFH. Activities that may result in significant
adverse affects on EFH, should be avoided where less environmentally
harmful alternatives are available. If there are no alternatives, the
impacts of these actions should be minimized. Environmentally sound
engineering and management practices should be employed for all actions
which may adversely affect EFH. Disposal or spillage of any material
(dredge material, sludge, industrial waste, or other potentially harmful
materials) which would destroy or degrade EFH should be avoided. If
avoidance or minimization is not possible, or will not adequately
protect EFH, compensatory mitigation to conserve and enhance EFH should
be recommended. FMPs may recommend proactive measures to conserve or
enhance EFH. When developing proactive measures, Councils may develop a
priority ranking of the recommendations to assist Federal and state
agencies undertaking such measures.
(iii) Conservation and enhancement options. FMPs should provide a
variety of options to conserve or enhance EFH, which may include, but
are not limited to:
(A) Enhancement of rivers, streams, and coastal areas. EFH located
in, or influenced by, rivers, streams, and coastal areas may be enhanced
by reestablishing endemic trees or other appropriate native vegetation
on adjacent riparian areas; restoring natural bottom characteristics;
removing unsuitable material from areas affected by human activities; or
adding gravel or substrate to stream areas to promote spawning. Adverse
effects stemming from upland areas that influence EFH may be avoided or
minimized by employing measures such as, but not limited to, erosion
control, road stabilization, upgrading culverts, removal or modification
of operating procedures of dikes or levees to allow for fish passage,
structural and operation measures at dams for fish passage and habitat
protection, or improvement of watershed management. Initiation of
Federal, state, or local government planning processes to restore
watersheds associated with such rivers, streams, or coastal areas may
also be recommended.
(B) Water quality and quantity. This category of options may include
use of best land management practices for ensuring compliance with water
quality standards at state and Federal levels, improved treatment of
sewage, proper disposal of waste materials, and providing appropriate
in-stream flow.
(C) Watershed analysis and planning. This may include encouraging
local and state efforts to minimize destruction/degradation of wetlands,
restore and maintain the ecological health of watersheds, and encourage
restoration of native species. Any analysis of options should consider
natural variability in weather or climatic conditions.
(D) Habitat creation. Under appropriate conditions, habitat creation
(converting non-EFH to EFH) may be considered as a means of replacing
lost or degraded EFH. However, habitat conversion at the expense of
other naturally functioning systems must be justified within an
ecosystem context.
(8) Prey species. Loss of prey is an adverse effect on EFH and a
managed species, because one component of EFH is that it be necessary
for feeding. Therefore, actions that reduce the availability of a major
prey species, either through direct harm or capture, or through adverse
impacts to the prey species' habitat that are known to cause a reduction
in the population of the prey species may be considered adverse effects
on a managed species and its EFH. FMPs should identify the major prey
species for the species in the FMU and generally describe the location
of prey species' habitat. Actions that cause a reduction of the prey
species population, including where there exists evidence that adverse
effects to habitat of prey species is causing a decline in the
availability of the prey species, should also be described and
identified. Adverse effects on prey species and their habitats may
result from fishing and non-fishing activities.
(9) Identification of habitat areas of particular concern. FMPs
should identify habitat areas of particular concern within EFH. In
determining whether a type, or area of EFH is a habitat area
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of particular concern, one or more of the following criteria must be
met:
(i) The importance of the ecological function provided by the
habitat.
(ii) The extent to which the habitat is sensitive to human-induced
environmental degradation.
(iii) Whether, and to what extent, development activities are, or
will be, stressing the habitat type.
(iv) The rarity of the habitat type.
(10) Research and information needs. Each FMP should contain
recommendations, preferably in priority order, for research efforts that
the Councils and NMFS view as necessary for carrying out their EFH
management mandate. The need for additional research is to make
available sufficient information to support a higher level of
description and identification of EFH under paragraph (a)(2)(i) of this
section. Additional research may also be necessary to identify and
evaluate actual and potential adverse effects on EFH, including, but not
limited to, direct physical alteration; impaired habitat quality/
functions; cumulative impacts from fishing; or indirect adverse effects
such as sea level rise, global warming and climate shifts; and non-
equipment related fishery impacts. The Magnuson-Stevens Act specifically
identifies the effects of fishing as a concern. The need for additional
research on the effects of fishing equipment on EFH and a schedule for
obtaining that information should be included in this section of the
FMP. If an adverse effect on EFH is identified and determined to be an
impediment to maintaining a sustainable fishery and the managed species'
contribution to a healthy ecosystem, then the research needed to
quantify and mitigate that effect should be identified in this section.
(11) Review and revision of EFH components of FMPs. Councils and
NMFS should periodically review the EFH components of FMPs, including an
update of the equipment assessment originally conducted pursuant to
paragraph (a)(3)(ii) of this section. Each EFH FMP amendment should
include a provision requiring review and update of EFH information and
preparation of a revised FMP amendment if new information becomes
available. The schedule for this review should be based on an assessment
of both the existing data and expectations when new data will become
available. This information should be reviewed as part of the annual
Stock Assessment and Fishery Evaluation (SAFE) report prepared pursuant
to Sec. 600.315(e). A complete review of information should be conducted
as recommended by the Secretary, but at least once every 5 years.
(b) Optional components. An FMP may include a description and
identification of the habitat of species under the authority of the
Council, even if not contained in the FMU. However, such habitat may not
be EFH. This subpart does not change a Council's ability to implement
management measures for a managed species for the protection of another
species.
(c) Development of EFH recommendations. After reviewing the best
available scientific information, as well as other appropriate
information, and in consultation with the Councils, participants in the
fishery, interstate commissions, Federal agencies, state agencies, and
other interested parties, NMFS will develop written recommendations for
the identification of EFH for each FMP. In recognition of the different
approaches to FMP development taken by each Council, the NMFS EFH
recommendations may constitute a review of a draft EFH document
developed by a Council, or may include suggestions for a draft EFH FMP
amendment and may precede the Council's development of such documents,
as appropriate. In both cases, prior to submitting a written EFH
identification recommendation to a Council for an FMP, the draft
recommendation will be made available for public review and at least one
public meeting will be held. NMFS will work with the affected Council(s)
to conduct this review in association with scheduled public Council
meetings whenever possible. The review may be conducted at a meeting of
the Council committee responsible for habitat issues or as a part of a
full Council meeting. After receiving public comment, NMFS will revise
its draft recommendations, as appropriate, and forward a final written
recommendation and comments to the Council(s).
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(d) Relationship to other fishery management authorities. Councils
are encouraged to coordinate with state and interstate fishery
management agencies where Federal fisheries affect state and interstate
managed fisheries or where state or interstate fishery regulations
affect the management of Federal fisheries. Where a state or interstate
fishing activity adversely impacts EFH, NMFS will consider that action
to be an adverse effect on EFH pursuant to paragraph (a)(5) of this
section and will provide EFH conservation recommendations to the
appropriate state or interstate fishery management agency on that
activity.
Subpart K--EFH Coordination, Consultation, and Recommendations
Source: 62 FR 66555, Dec. 19, 1997, unless otherwise noted.
Sec. 600.905 Purpose and scope and NMFS/Council cooperation.
(a) Purpose. These procedures address the coordination,
consultation, and recommendation requirements of sections 305(b)(1)(D)
and 305(b)(2-4) of the Magnuson-Stevens Act. The purpose of these
procedures is to promote the protection of EFH in the review of Federal
and state actions that may adversely affect EFH.
(b) Scope. Section 305(b)(1)(D) of the Magnuson-Stevens Act requires
the Secretary to coordinate with, and provide information to, other
Federal agencies regarding the conservation and enhancement of EFH.
Section 305(b)(2) requires all Federal agencies to consult with the
Secretary on all actions, or proposed actions, authorized, funded, or
undertaken by the agency, that may adversely affect EFH. Sections 305(b)
(3) and (4) direct the Secretary and the Councils to provide comments
and EFH conservation recommendations to Federal or state agencies on
actions that affect EFH. Such recommendations may include measures to
avoid, minimize, mitigate, or otherwise offset adverse effects on EFH
resulting from actions or proposed actions authorized, funded, or
undertaken by that agency. Section 305(b)(4)(B) requires Federal
agencies to respond in writing to such comments. The following
procedures for coordination, consultation, and recommendations allow all
parties involved to understand and implement the requirements of the
Magnuson-Stevens Act.
(c) Cooperation between Councils and NMFS. The Councils and NMFS
should cooperate as closely as possible to identify actions that may
adversely affect EFH, to develop comments and EFH conservation
recommendations to Federal and state agencies, and to provide EFH
information to Federal or state agencies. The Secretary will seek to
develop agreements with each Council to facilitate sharing information
on actions that may adversely affect EFH and in coordinating Council and
NMFS comments and recommendations on those actions. However, NMFS and
the Councils also have the authority to act independently.
Sec. 600.910 Definitions and word usage.
(a) Definitions. In addition to the definitions in the Magnuson-
Stevens Act and Sec. 600.10, the terms in this subpart have the
following meanings:
Adverse effect means any impact which reduces quality and/or
quantity of EFH. Adverse effects may include direct (e.g., contamination
or physical disruption), indirect (e.g., loss of prey, reduction in
species' fecundity), site-specific or habitatwide impacts, including
individual, cumulative, or synergistic consequences of actions.
Council includes the Secretary, as applicable, when preparing FMPs
or amendments under section 304 (c) and (g) of the Magnuson-Stevens Act;
and when commenting and making recommendations under the authority of
section 305(b)(3) of the Magnuson-Stevens Act to any Federal or state
agency on actions that may affect the habitat of fishery resources
managed under such FMPs.
Federal action means any action authorized, funded, or undertaken,
or proposed to be authorized, funded, or undertaken by a Federal agency.
Habitat areas of particular concern means those areas of EFH
identified pursuant to Sec. 600.815(a)(9).
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State action means any action authorized, funded, or undertaken, or
proposed to be authorized, funded, or undertaken by a state agency.
(b) Word usage. The terms ``must'', ``shall'', ``should'', ``may'',
``may not'', ``will'', ``could'', and ``can'', are used in the same
manner as in Sec. 600.305(c).
Sec. 600.915 Coordination for the conservation and enhancement of EFH.
To further the conservation and enhancement of EFH in accordance
with section 305(b)(1)(D) of the Magnuson-Stevens Act, NMFS will compile
and make available to other Federal and state agencies, information on
the locations of EFH, including maps and/or narrative descriptions. NMFS
will also provide information on ways to improve ongoing Federal
operations to promote the conservation and enhancement of EFH. Federal
and state agencies empowered to authorize, fund, or undertake actions
that may adversely affect EFH are encouraged to contact NMFS and the
Councils to become familiar with areas designated as EFH, and potential
threats to EFH, as well as opportunities to promote the conservation and
enhancement of such habitat.
Sec. 600.920 Federal agency consultation with the Secretary.
(a) Consultation generally--(1) Actions requiring consultation.
Pursuant to section 305(b)(2) of the Magnuson-Stevens Act, Federal
agencies must consult with NMFS regarding any of their actions
authorized, funded, or undertaken, or proposed to be authorized, funded,
or undertaken that may adversely affect EFH. EFH consultation is not
required for completed actions, e.g., issued permits. Consultation is
required for renewals, reviews, or substantial revisions of actions.
Consultation on Federal programs delegated to non-Federal entities is
required at the time of delegation, review, and renewal of the
delegation. EFH consultation is required for any Federal funding of
actions that may adversely affect EFH. NMFS and Federal agencies
responsible for funding actions that may adversely affect EFH should
consult on a programmatic level, if appropriate, with respect to these
actions.
(2) Appropriate level of consultation. (i) NMFS and other Federal
agencies may conduct consultation at either a programmatic or project-
specific level. Federal actions may be evaluated at a programmatic level
if sufficient information is available to develop EFH conservation
recommendations and address all reasonably foreseeable adverse effects
to EFH. Project-specific consultations are more appropriate when
critical decisions are made at the project implementation stage, or when
sufficiently detailed information for the development of EFH
conservation recommendations does not exist at the programmatic level.
(ii) If, after a Federal agency requests programmatic consultation,
NMFS determines that all concerns about adverse effects on EFH can be
addressed at a programmatic level, NMFS will develop EFH conservation
recommendations that cover all projects implemented under that program,
and no further EFH consultation will be required. Alternatively, NMFS
may determine that project-specific consultation is needed for part or
all of the program's activities, in which case NMFS may develop some EFH
conservation recommendations at a programmatic level, but will also
recommend that project-specific consultation will be needed to complete
the EFH consultation requirements. NMFS may also determine that
programmatic consultation is not appropriate, in which case all EFH
conservation recommendations will be deferred to project-specific
consultations.
(b) Designation of lead agency. If more than one Federal agency is
responsible for a Federal action, the consultation requirements of
sections 305(b)(2-4) of the Magnuson-Stevens Act may be fulfilled
through a lead agency. The lead agency must notify NMFS in writing that
it is representing one or more additional agencies.
(c) Designation of non-Federal representative. A Federal agency may
designate a non-Federal representative to conduct an abbreviated
consultation or prepare an EFH Assessment by giving written notice of
such designation to NMFS. If a non-Federal representative
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is used, the Federal action agency remains ultimately responsible for
compliance with sections 305(b)(2) and 305(b)(4) of the Magnuson-Stevens
Act.
(d) Best available information. The Federal action agency and NMFS
must use the best scientific information available regarding the effects
of the proposed action on EFH. Other appropriate sources of information
may also be considered.
(e) Use of existing consultation/environmental review procedures--
(1) Criteria. Consultation and commenting under sections 305(b)(2) and
305(b)(4) of the Magnuson-Stevens Act should be consolidated, where
appropriate, with interagency consultation, coordination, and
environmental review procedures required by other statutes, such as the
National Environmental Policy Act (NEPA), Fish and Wildlife Coordination
Act, Clean Water Act, Endangered Species Act (ESA), and Federal Power
Act. The consultation requirements of section 305(b)(2) of the Magnuson-
Stevens Act can be satisfied using existing or modified procedures
required by other statutes if such processes meet the following
criteria:
(i) The existing process must provide NMFS with timely notification
of actions that may adversely affect EFH. The Federal action agency
should notify NMFS according to the same timeframes for notification (or
for public comment) as in the existing process. However, NMFS should
have at least 60 days notice prior to a final decision on an action, or
at least 90 days if the action would result in substantial adverse
impacts. NMFS and the action agency may agree to use shorter timeframes
if they allow sufficient time for NMFS to develop EFH conservation
recommendations.
(ii) Notification must include an assessment of the impacts of the
proposed action on EFH that meets the requirements for EFH Assessments
contained in paragraph (g) of this section. If the EFH Assessment is
contained in another document, that section of the document must be
clearly identified as the EFH Assessment.
(iii) NMFS must have made a finding pursuant to paragraph (e)(3) of
this section that the existing process satisfies the requirements of
section 305(b)(2) of the Magnuson-Stevens Act.
(2) EFH conservation recommendation requirements. If an existing
consultation process is used to fulfill the EFH consultation
requirements, then the comment deadline for that process should apply to
the submittal of NMFS conservation recommendations under section
305(b)(4)(A) of the Magnuson-Stevens Act, unless a different deadline is
agreed to by NMFS and the Federal agency. The Federal agency must
respond to these recommendations within 30 days pursuant to section
305(b)(4)(B) of the Magnuson-Stevens Act. NMFS may request the further
review of any Federal agency decision that is inconsistent with a NMFS
EFH recommendation, in accordance with paragraph (j)(2) of this section.
If NMFS EFH conservation recommendations are combined with other NMFS or
NOAA comments on a Federal action, such as NOAA comments on a draft
Environmental Impact Statement, the EFH conservation recommendations
shall be clearly identified as such (e.g., a section in the comment
letter entitled ``EFH conservation recommendations'') and a response
pursuant to section 305(b)(4)(B) of the Magnuson-Stevens Act is required
for only the identified portion of the comments.
(3) NMFS finding. A Federal agency with an existing consultation
process should contact NMFS at the appropriate level (regional offices
for regional processes, headquarters office for national processes) to
discuss how the existing process, with or without modifications, can be
used to satisfy the EFH consultation requirements. If, at the conclusion
of these discussions, NMFS determines that the existing process meets
the criteria of paragraph (e)(1) of this section, NMFS will make a
finding that the existing or modified process can satisfy the EFH
consultation requirements of the Magnuson-Stevens Act. If NMFS does not
make such a finding, or if there are no existing consultation processes
relevant to the Federal agency's actions, the action agency and NMFS
should follow the consultation process in the following sections.
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(f) General Concurrence--(1) Purpose. The General Concurrence
process identifies specific types of Federal actions that may adversely
affect EFH, but for which no further consultation is generally required
because NMFS has determined, through an analysis of that type of action,
that it will likely result in no more than minimal adverse effects
individually and cumulatively. General Concurrences may be national or
regional in scope.
(2) Criteria. (i) For Federal actions to qualify for General
Concurrence, NMFS must determine, after consultation with the
appropriate Council(s), that the actions meet all of the following
criteria:
(A) The actions must be similar in nature and similar in their
impact on EFH.
(B) The actions must not cause greater than minimal adverse effects
on EFH when implemented individually.
(C) The actions must not cause greater than minimal cumulative
adverse effects on EFH.
(ii) Actions qualifying for General Concurrence must be tracked to
ensure that their cumulative effects are no more than minimal. In most
cases, tracking will be the responsibility of the Federal action agency,
but NMFS also may agree to track actions for which General Concurrence
has been authorized. Tracking should include numbers of actions, amount
of habitat adversely affected, type of habitat adversely affected, and
the baseline against which the action will be tracked. The agency
responsible for tracking such actions should make the information
available to NMFS, the Councils, and to the public on an annual basis.
(iii) Categories of Federal actions may also qualify for General
Concurrence if they are modified by appropriate conditions that ensure
the actions will meet the criteria in paragraph (f)(2)(i) of this
section. For example, NMFS may provide General Concurrence for
additional actions contingent upon project size limitations, seasonal
restrictions, or other conditions.
(iv) If a General Concurrence is developed for actions affecting
habitat areas of particular concern, the General Concurrence should be
subject to a higher level of scrutiny than a General Concurrence not
involving a habitat area of particular concern.
(3) General Concurrence development. A Federal agency may request a
General Concurrence for a category of its actions by providing NMFS with
a written description of the nature and approximate number of the
proposed actions, an analysis of the effects of the actions on EFH and
associated species and their life history stages, including cumulative
effects, and the Federal agency's conclusions regarding the magnitude of
such effects. If NMFS agrees that the actions fit the criteria in
paragraph (f)(2) of this section, NMFS, after consultation with the
appropriate Council(s), will provide the Federal agency with a written
statement of General Concurrence that further consultation is not
required, and that preparation of EFH Assessments for individual actions
subject to the General Concurrence is not necessary. If NMFS does not
agree that the actions fit the criteria in paragraph (f)(2) of this
section, NMFS will notify the Federal agency that a General Concurrence
will not be issued and that abbreviated or expanded consultation will be
required. If NMFS identifies specific types of Federal actions that may
meet the requirements for a General Concurrence, NMFS may initiate and
complete a General Concurrence.
(4) Notification and further consultation. NMFS may request
notification for actions covered under a General Concurrence if NMFS
concludes there are circumstances under which such actions could result
in more than a minimal impact on EFH, or if it determines that there is
not a process in place to adequately assess the cumulative impacts of
actions covered under the General Concurrence. NMFS may require further
consultation for these actions on a case-by case basis. Each General
Concurrence should establish specific procedures for further
consultation, if appropriate.
(5) Public review. Prior to providing any Federal agency with a
written statement of General Concurrence for a category of Federal
actions, NMFS will
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provide an opportunity for public review through the appropriate
Council(s), or other reasonable opportunity for public review.
(6) Revisions. NMFS will periodically review and revise its findings
of General Concurrence, as appropriate.
(g) EFH Assessments--(1) Preparation requirement. For any Federal
action that may adversely affect EFH, except for those activities
covered by a General Concurrence, Federal agencies must provide NMFS
with a written assessment of the effects of that action on EFH. Federal
agencies may incorporate an EFH Assessment into documents prepared for
other purposes such as ESA Biological Assessments pursuant to 50 CFR
part 402 or NEPA documents and public notices pursuant to 40 CFR part
1500. If an EFH Assessment is contained in another document, it must
include all of the information required in paragraph (g)(2) of this
section and be clearly identified as an EFH Assessment. The procedure
for combining an EFH consultation with other consultation of
environmental reviews is set forth in paragraph (e) of this section.
(2) Mandatory contents. The assessment must contain:
(i) A description of the proposed action.
(ii) An analysis of the effects, including cumulative effects, of
the proposed action on EFH, the managed species, and associated species,
such as major prey species, including affected life history stages.
(iii) The Federal agency's views regarding the effects of the action
on EFH.
(iv) Proposed mitigation, if applicable.
(3) Additional information. If appropriate, the assessment should
also include:
(i) The results of an on-site inspection to evaluate the habitat and
the site-specific effects of the project.
(ii) The views of recognized experts on the habitat or species that
may be affected.
(iii) A review of pertinent literature and related information.
(iv) An analysis of alternatives to the proposed action. Such
analysis should include alternatives that could avoid or minimize
adverse effects on EFH, particularly when an action is non-water
dependent.
(v) Other relevant information.
(4) Incorporation by reference. The assessment may incorporate by
reference a completed EFH Assessment prepared for a similar action,
supplemented with any relevant new project specific information,
provided the proposed action involves similar impacts to EFH in the same
geographic area or a similar ecological setting. It may also incorporate
by reference other relevant environmental assessment documents. These
documents must be provided to NMFS with an EFH Assessment.
(h) Abbreviated consultation procedures--(1) Purpose and criteria.
Abbreviated consultation allows NMFS to quickly determine whether, and
to what degree, a Federal action may adversely affect EFH. Federal
actions that may adversely affect EFH should be addressed through the
abbreviated consultation procedures when those actions do not qualify
for a General Concurrence, but do not have the potential to cause
substantial adverse effects on EFH. For example, the abbreviated
consultation procedures should be used when the adverse effect(s) of an
action or proposed action could be alleviated through minor
modifications.
(2) Notification by agency. The Federal agency should notify NMFS
and, if NMFS so requests, the appropriate Council(s), in writing as
early as practicable regarding proposed actions that may adversely
affect EFH. Notification will facilitate discussion of measures to
conserve the habitat. Such early consultation should occur during pre-
application planning for projects subject to a Federal permit or
license, and during preliminary planning for projects to be funded or
undertaken directly by a Federal agency.
(3) Submittal of EFH Assessment. The Federal agency must submit a
completed EFH Assessment, prepared in accordance with paragraph (g) of
this section, to NMFS for review. Federal agencies will have fulfilled
their consultation requirement under paragraph (a) of this section after
notification and submittal of a complete EFH Assessment.
[[Page 94]]
(4) NMFS response to Federal agency. NMFS must respond in writing as
to whether it concurs with the findings of the EFH Assessment. If NMFS
believes that the proposed action may result in substantial adverse
effects on EFH, or that additional analysis is needed to accurately
assess the effects of the proposed action, NMFS will request that the
Federal agency initiate expanded consultation. Such request will explain
why NMFS believes expanded consultation is needed and will specify any
new information needed. If additional consultation is not necessary,
NMFS will respond by commenting and recommending measures that may be
taken to conserve EFH, pursuant to section 305(b)(4)(A) of the Magnuson-
Stevens Act. NMFS will send a copy of its response to the appropriate
Council.
(5) Timing. The Federal action agency must submit its complete EFH
Assessment to NMFS as soon as practicable, but NMFS must receive it at
least 60 days prior to a final decision on the action. NMFS must respond
in writing within 30 days. NMFS and the Federal action agency may agree
to use a compressed schedule in cases where regulatory approvals or
emergency situations cannot accommodate 30 days for consultation, or to
conduct consultation earlier in the planning cycle for proposed actions
with lengthy approval processes.
(i) Expanded consultation procedures--(1) Purpose and criteria.
Expanded consultation allows maximum opportunity for NMFS and the
Federal agency to work together in the review of the action's impacts on
EFH and the development of EFH conservation recommendations. Expanded
consultation procedures must be used for Federal actions that would
result in substantial adverse effects to EFH. Federal agencies are
encouraged to contact NMFS at the earliest opportunity to discuss
whether the adverse effect of a proposed action makes expanded
consultation appropriate.
(2) Initiation. Expanded consultation begins when NMFS receives from
the Federal agency an EFH Assessment completed in accordance with
paragraph (g) of this section and a written request for expanded
consultation. Federal action agencies are encouraged to provide in the
EFH Assessment the additional information identified under paragraph
(g)(3) of this section. Subject to NMFS's approval, any request for
expanded consultation may encompass a number of similar individual
actions within a given geographic area.
(3) NMFS response to Federal agency. NMFS will:
(i) Review the EFH Assessment, any additional information furnished
by the Federal agency, and other relevant information.
(ii) Conduct a site visit, if appropriate, to assess the quality of
the habitat and to clarify the impacts of the Federal agency action.
Such a site visit should be coordinated with the Federal agency and
appropriate Council(s), if feasible.
(iii) Coordinate its review of the proposed action with the
appropriate Council(s).
(iv) Discuss EFH conservation recommendations with the Federal
agency and provide recommendations to the Federal action agency,
pursuant to section 305(b)(4)(A) of the Magnuson-Stevens Act. NMFS will
also provide a copy of the recommendations to the appropriate
Council(s).
(4) Timing. The Federal action agency must submit its complete EFH
Assessment to NMFS as soon as practicable, but at least 90 days prior to
a final decision on the action. NMFS must respond within 60 days of
submittal of a complete EFH Assessment unless consultation is extended
by agreement between NMFS and the Federal action agency. NMFS and
Federal action agencies may agree to use a compressed schedule in cases
where regulatory approvals or emergency situations cannot accommodate a
60-day consultation period.
(5) Extension of consultation. If NMFS determines that additional
data or analysis would provide better information for development of EFH
conservation recommendations, NMFS may request additional time for
expanded consultation. If NMFS and the Federal action agency agree to an
extension, the Federal action agency should provide the additional
information to NMFS, to the extent practicable. If NMFS and the Federal
action agency do not agree to extend consultation,
[[Page 95]]
NMFS must provide EFH conservation recommendations to the Federal action
agency using the best scientific information available to NMFS.
(j) Responsibilities of Federal action agency following receipt of
EFH conservation recommendations--(1) Federal action agency response. As
required by section 305(b)(4)(B) of the Magnuson-Stevens Act, the
Federal action agency must provide a detailed response in writing to
NMFS and the appropriate Council within 30 days after receiving an EFH
conservation recommendation. Such a response must be provided at least
10 days prior to final approval of the action, if a decision by the
Federal agency is required in fewer than 30 days. The response must
include a description of measures proposed by the agency for avoiding,
mitigating, or offsetting the impact of the activity on EFH. In the case
of a response that is inconsistent with NMFS conservation
recommendations, the Federal action agency must explain its reasons for
not following the recommendations, including the scientific
justification for any disagreements with NMFS over the anticipated
effects of the proposed action and the measures needed to avoid,
minimize, mitigate, or offset such effects.
(2) Further review of decisions inconsistent with NMFS or Council
recommendations. If a Federal action agency decision is inconsistent
with a NMFS EFH conservation recommendation, the Assistant Administrator
for Fisheries may request a meeting with the head of the Federal action
agency, as well as any other agencies involved, to discuss the proposed
action and opportunities for resolving any disagreements. If a Federal
action agency decision is also inconsistent with a Council
recommendation made pursuant to section 305(b)(3) of the Magnuson-
Stevens Act, the Council may request that the Assistant Administrator
initiate further review of the Federal agency's decision and involve the
Council in any interagency discussion to resolve disagreements with the
Federal agency. The Assistant Administrator will make every effort to
accommodate such a request. Memoranda of agreement or other written
procedures will be developed to further define such review processes
with Federal action agencies.
(k) Supplemental consultation. A Federal action agency must
reinitiate consultation with NMFS if the agency substantially revises
its plans for an action in a manner that may adversely affect EFH or if
new information becomes available that affects the basis for NMFS' EFH
conservation recommendations.
Sec. 600.925 NMFS EFH conservation recommendations to Federal and state agencies.
(a) General. Under section 305(b)(4) of the Magnuson-Stevens Act,
NMFS is required to provide EFH conservation recommendations to Federal
and state agencies for actions that would adversely affect EFH. NMFS EFH
conservation recommendations will not suggest that state or Federal
agencies take actions beyond their statutory authority.
(b) Recommendations to Federal agencies. For Federal actions, EFH
conservation recommendations will be provided to Federal action agencies
as part of EFH consultations conducted pursuant to Sec. 600.920. These
recommendations fulfill the requirements of section 305(b)(4)(A) of the
Magnuson-Stevens Act. If NMFS becomes aware of a Federal action that
would adversely affect EFH, but for which a Federal agency has not
completed an EFH consultation, NMFS may request that the Federal agency
initiate EFH consultation or NMFS will provide EFH conservation
recommendations based on the information available. NMFS will provide a
copy of such recommendation to the appropriate Council(s).
(c) Recommendations to state agencies--(1) Establishment of
procedures. Each NMFS Region should use existing coordination procedures
under statutes such as the Coastal Zone Management Act or establish new
procedures to identify state actions that may adversely affect EFH, and
for determining the most appropriate method for providing EFH
conservation recommendations to the state agency. NMFS will provide a
copy of such recommendation to the appropriate Council(s).
[[Page 96]]
(2) Coordination with states on recommendations to Federal agencies.
When an action that would adversely affect EFH requires authorization or
funding by both Federal and state agencies, NMFS will provide the
appropriate state agencies with copies of EFH conservation
recommendations developed as part of the Federal consultation procedures
in Sec. 600.920. NMFS will also seek agreements on sharing information
and copies of recommendations with Federal or state agencies conducting
similar consultation and recommendation processes to ensure coordination
of such efforts.
Sec. 600.930 Council comments and recommendations to Federal and state agencies.
(a) Establishment of procedures. Each Council should establish
procedures for reviewing Federal or state actions that may adversely
affect the EFH of a species managed under its authority. Each Council
may receive information on actions of concern by methods such as:
Directing Council staff to track proposed actions; recommending that the
Council's habitat committee identify actions of concern; or entering
into an agreement with NMFS to have the appropriate Regional
Administrator notify the Council of actions that may adversely impact
EFH. Federal and state actions often follow specific timetables which
may not coincide with Council meetings. Therefore, Councils should
consider establishing abbreviated procedures for the development of
Council recommendations.
(b) Early involvement. Councils should provide comments and
recommendations on proposed state and Federal actions of concern as
early as practicable in project planning to ensure thorough
consideration of Council concerns by the action agency. Copies of
Council comments and recommendations should be provided to NMFS.
(c) Anadromous fishery resources. For the purposes of the commenting
requirement of section 305(b)(3)(B) of the Magnuson-Stevens Act, an
``anadromous fishery resource under a Council's authority'' is an
anadromous species that inhabits waters under the Council's authority at
some time during its life cycle.
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC--Table of Contents
Subpart A--General Provisions
Sec.
622.1 Purpose and scope.
622.2 Definitions and acronyms.
622.3 Relation to other laws and regulations.
622.4 Permits and fees.
622.5 Recordkeeping and reporting.
622.6 Vessel and gear identification.
622.7 Prohibitions.
622.8 At-sea observer coverage.
622.9 Gulf shrimp interim measures.
Subpart B--Effort Limitations
622.15 Wreckfish individual transferable quota (ITQ) system.
622.16 Red snapper individual transferable quota (ITQ) system.
622.17 South Atlantic golden crab controlled access.
622.18 South Atlantic snapper-grouper limited access.
Subpart C--Management Measures
622.30 Fishing years.
622.31 Prohibited gear and methods.
622.32 Prohibited and limited-harvest species.
622.33 Caribbean EEZ seasonal and/or area closures.
622.34 Gulf EEZ seasonal and/or area closures.
622.35 South Atlantic EEZ seasonal and/or area closures.
622.36 Seasonal harvest limitations.
622.37 Minimum sizes.
622.38 Landing fish intact.
622.39 Bag and possession limits.
622.40 Limitations on traps and pots.
622.41 Species specific limitations.
622.42 Quotas.
622.43 Closures.
622.44 Commercial trip limits.
622.45 Restrictions on sale/purchase.
622.46 Prevention of gear conflicts.
622.47 Gulf groundfish trawl fishery.
622.48 Adjustment of management measures.
Appendix A to Part 622--Species Tables
Appendix B to Part 622--Gulf Areas
Appendix C to Part 622--Fish Length Measurements
Appendix D to Part 622--Specifications for Certified BRDs
Authority: 16 U.S.C. 1801 et seq.
Source: 61 FR 34934, July 3, 1996, unless otherwise noted.
[[Page 97]]
Subpart A--General Provisions
Sec. 622.1 Purpose and scope.
(a) The purpose of this part is to implement the FMPs prepared under
the Magnuson Act by the CFMC, GMFMC, and/or SAFMC listed in Table 1 of
this section.
(b) This part governs conservation and management of species
included in the FMPs in or from the Caribbean, Gulf, Mid-Atlantic, or
South Atlantic EEZ, as indicated in Table 1 of this section. For the
FMPs noted in the following table, conservation and management extends
to adjoining state waters for the purposes of data collection and
monitoring.
Table 1.--FMPs Implemented Under Part 622
----------------------------------------------------------------------------------------------------------------
Responsible fishery management
FMP title council(s) Geographical area
----------------------------------------------------------------------------------------------------------------
Atlantic Coast Red Drum FMP SAFMC Mid-Atlantic and South
Atlantic.
FMP for Coastal Migratory Pelagic GMFMC/SAFMC Gulf,\1\ Mid-Atlantic 1,2 and
Resources. South Atlantic.1,&thnsp3
FMP for Coral and Coral Reefs of the GMFMC Gulf.
Gulf of Mexico.
FMP for Coral, Coral Reefs, and Live/ SAFMC South Atlantic.
Hard Bottom Habitats of the South
Atlantic Region.
FMP for Corals and Reef Associated CFMC Caribbean.
Plants and Invertebrates of Puerto
Rico and the U.S. Virgin Islands.
FMP for the Golden Crab Fishery of the SAFMC South Atlantic
South Atlantic Region.
FMP for Queen Conch Resources of CFMC Caribbean.
Puerto Rico and the U.S. Virgin
Islands.
FMP for the Red Drum Fishery of the GMFMC Gulf.1
Gulf of Mexico.
FMP for the Reef Fish Fishery of CFMC Caribbean.
Puerto Rico and the U.S. Virgin
Islands.
FMP for the Reef Fish Resources of the GMFMC Gulf.1
Gulf of Mexico.
FMP for the Shrimp Fishery of the Gulf GMFMC Gulf.1
of Mexico.
FMP for the Shrimp Fishery of the SAFMC South Atlantic.
South Atlantic Region.
FMP for the Snapper-Grouper Fishery of SAFMC South Atlantic.1,&thnsp4
FMP for the Spiny Lobster Fishery of CFMC Caribbean.
Puerto Rico and the U.S. Virgin
Islands.
----------------------------------------------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.
\2\ Only king and Spanish mackerel and cobia are managed under the FMP in the Mid-Atlantic.
\3\ Bluefish are not managed under the FMP in the South Atlantic.
\4\ Bank, rock, and black sea bass and scup are not managed by the FMP or regulated by this part north of 35
deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61
FR 65483, Dec. 13, 1996; 63 FR 10565, Mar. 4, 1998]
Sec. 622.2 Definitions and acronyms.
In addition to the definitions in the Magnuson Act and in
Sec. 600.10 of this chapter, and the acronyms in Sec. 600.15 of this
chapter, the terms and acronyms used in this part have the following
meanings:
Allowable chemical means a substance, generally used to immobilize
marine life so that it can be captured alive, that, when introduced into
the water, does not take Gulf and South Atlantic prohibited coral and is
allowed by Florida for the harvest of tropical fish (e.g., quinaldine,
quinaldine compounds, or similar substances).
Allowable octocoral means an erect, nonencrusting species of the
subclass Octocorallia, except the seafans Gorgonia flabellum and G.
ventalina, plus the attached substrate within 1 inch (2.54 cm) of an
allowable octocoral.
Note: An erect, nonencrusting species of the subclass Octocorallia,
except the seafans Gorgonia flabellum and G. ventalina, with attached
substrate exceeding 1 inch (2.54 cm) is considered to be live rock and
not allowable octocoral.
[[Page 98]]
Aquacultured live rock means live rock that is harvested under a
Federal aquacultured live rock permit, as required under
Sec. 622.4(a)(3)(iii).
Authorized statistical reporting agent means:
(1) Any person so designated by the SRD; or
(2) Any person so designated by the head of any Federal or State
agency that has entered into an agreement with the Assistant
Administrator to collect fishery data.
Automatic reel means a reel that remains attached to a vessel when
in use from which a line and attached hook(s) are deployed. The line is
payed out from and retrieved on the reel electrically or hydraulically.
Bandit gear means a rod and reel that remain attached to a vessel
when in use from which a line and attached hook(s) are deployed. The
line is payed out from and retrieved on the reel manually, electrically,
or hydraulically.
BRD means bycatch reduction device.
Buoy gear means fishing gear consisting of a float and one or more
weighted lines suspended therefrom, generally long enough to reach the
bottom. A hook or hooks (usually 6 to 10) are on the lines at or near
the end. The float and line(s) drift freely and are retrieved
periodically to remove catch and rebait hooks.
Carapace length means the straight-line distance from the orbital
notch inside the orbital spine, in a line parallel to the lateral
rostral sulcus, to the posterior margin of the cephalothorax. (See
Figure 1 in Appendix C of this part.)
Caribbean means the Caribbean Sea around Puerto Rico and the U.S.
Virgin Islands.
Caribbean conch resource means one or more of the following species,
or a part thereof:
(1) Atlantic triton's trumpet, Charonia variegata.
(2) Cameo helmet, Cassis madagascarensis.
(3) Caribbean helmet, Cassis tuberosa.
(4) Caribbean vase, Vasum muricatum.
(5) Flame helmet, Cassis flammea.
(6) Green star shell, Astrea tuber.
(7) Hawkwing conch, Strombus raninus.
(8) Milk conch, Strombus costatus.
(9) Queen conch, Strombus gigus.
(10) Roostertail conch, Strombus gallus.
(11) True tulip, Fasciolaria tulipa.
(12) West Indian fighting conch, Strombus pugilis.
(13) Whelk (West Indian top shell), Cittarium pica.
Caribbean coral reef resource means one or more of the species, or a
part thereof, listed in Table 1 in Appendix A of this part, whether
living or dead.
Caribbean prohibited coral means, in the Caribbean; a gorgonian,
that is, a Caribbean coral reef resource of the Class Anthozoa, Subclass
Octocorallia, Order Gorgonacea; a live rock; or a stony coral, that is,
a Caribbean coral reef resource of the Class Hydrozoa (fire corals and
hydrocorals) or of the Class Anthozoa, Subclass Hexacorallia, Orders
Scleractinia (stony corals) and Antipatharia (black corals); or a part
thereof.
Caribbean reef fish means one or more of the species, or a part
thereof, listed in Table 2 in Appendix A of this part.
Caribbean spiny lobster means the species Panulirus argus, or a part
thereof.
CFMC means the Caribbean Fishery Management Council.
Charter vessel means a vessel less than 100 gross tons (90.8 mt)
that meets the requirements of the USCG to carry six or fewer passengers
for hire and that engages in charter fishing at any time during the
calendar year. A charter vessel with a commercial permit, as required
under Sec. 622.4(a)(2), is considered to be operating as a charter
vessel when it carries a passenger who pays a fee or when there are more
than three persons aboard, including operator and crew.
Coastal migratory pelagic fish means one or more of the following
species, or a part thereof:
(1) Bluefish, Pomatomus saltatrix (Gulf of Mexico only).
(2) Cero, Scomberomorus regalis.
(3) Cobia, Rachycentron canadum.
(4) Dolphin, Coryphaena hippurus
(5) King mackerel, Scomberomorus cavalla.
(6) Little tunny, Euthynnus alletteratus.
(7) Spanish mackerel, Scomberomorus maculatus.
[[Page 99]]
Coral area means marine habitat in the Gulf or South Atlantic EEZ
where coral growth abounds, including patch reefs, outer bank reefs,
deep water banks, and hard bottoms.
Dealer, in addition to the definition specified in Sec. 600.10 of
this chapter, means the person who first receives rock shrimp harvested
from the EEZ upon transfer ashore.
Drift gillnet, for the purposes of this part, means a gillnet, other
than a long gillnet or a run-around gillnet, that is unattached to the
ocean bottom, regardless of whether attached to a vessel.
Fish trap means--
(1) In the Caribbean EEZ, a trap and its component parts (including
the lines and buoys), regardless of the construction material, used for
or capable of taking finfish.
(2) In the Gulf EEZ, a trap and its component parts (including the
lines and buoys), regardless of the construction material, used for or
capable of taking finfish, except a trap historically used in the
directed fishery for crustaceans (that is, blue crab, stone crab, and
spiny lobster).
(3) In the South Atlantic EEZ, a trap and its component parts
(including the lines and buoys), regardless of the construction
material, used for or capable of taking fish, except a sea bass pot, a
golden crab trap, or a crustacean trap (that is, a type of trap
historically used in the directed fishery for blue crab, stone crab, red
crab, jonah crab, or spiny lobster and that contains at any time not
more than 25 percent, by number, of fish other than blue crab, stone
crab, red crab, jonah crab, and spiny lobster).
Fork length means the straight-line distance from the tip of the
head (snout) to the rear center edge of the tail (caudal fin). (See
Figure 2 in Appendix C of this part.)
Golden crab means the species Chaceon fenneri, or a part thereof.
Golden crab trap means any trap used or possessed in association
with a directed fishery for golden crab in the South Atlantic EEZ,
including any trap that contains a golden crab in or from the South
Atlantic EEZ or any trap on board a vessel that possesses golden crab in
or from the South Atlantic EEZ.
GMFMC means the Gulf of Mexico Fishery Management Council.
Gulf means the Gulf of Mexico. The line of demarcation between the
Atlantic Ocean and the Gulf of Mexico is specified in Sec. 600.105(c) of
this chapter.
Gulf reef fish means one or more of the species, or a part thereof,
listed in Table 3 in Appendix A of this part.
Gulf and South Atlantic prohibited coral means, in the Gulf and
South Atlantic, one or more of the following, or a part thereof:
(1) Coral belonging to the Class Hydrozoa (fire corals and
hydrocorals).
(2) Coral belonging to the Class Anthozoa, Subclass Hexacorallia,
Orders Scleractinia (stony corals) and Antipatharia (black corals).
(3) A seafan, Gorgonia flabellum or G. ventalina.
(4) Coral in a coral reef, except for allowable octocoral.
(5) Coral in an HAPC, including allowable octocoral.
Handline means a line with attached hook(s) that is tended directly
by hand.
HAPC means habitat area of particular concern.
Headboat means a vessel that holds a valid Certificate of Inspection
issued by the USCG to carry passengers for hire. A headboat with a
commercial vessel permit, as required under Sec. 622.4(a)(2), is
considered to be operating as a headboat when it carries a passenger who
pays a fee or--
(1) In the case of persons aboard fishing for or possessing South
Atlantic snapper-grouper, when there are more persons aboard than the
number of crew specified in the vessel's Certificate of Inspection; or
(2) In the case of persons aboard fishing for or possessing coastal
migratory pelagic fish or Gulf reef fish, when there are more than three
persons aboard, including operator and crew.
Headrope length means the distance, measured along the forwardmost
webbing of a trawl net, between the points at which the upper lip (top
edge) of the mouth of the net are attached to sleds, doors, or other
devices that spread the net.
[[Page 100]]
Hook-and-line gear means automatic reel, bandit gear, buoy gear,
handline, longline, and rod and reel.
Live rock means living marine organisms, or an assemblage thereof,
attached to a hard substrate, including dead coral or rock (excluding
individual mollusk shells).
Long gillnet means a gillnet that has a float line that is more than
1,000 yd (914 m) in length.
Longline means a line that is deployed horizontally to which
gangions and hooks are attached. A longline may be a bottom longline,
i.e., designed for use on the bottom, or a pelagic longline, i.e.,
designed for use off the bottom. The longline hauler may be manually,
electrically, or hydraulically operated.
MAFMC means the Mid-Atlantic Fishery Management Council.
Mid-Atlantic means the Atlantic Ocean off the Atlantic coastal
states from the boundary between the New England Fishery Management
Council and the MAFMC, as specified in Sec. 600.105(a) of this chapter,
to the boundary between the MAFMC and the SAFMC, as specified in
Sec. 600.105(b) of this chapter.
Migratory group, for king and Spanish mackerel, means a group of
fish that may or may not be a separate genetic stock, but that is
treated as a separate stock for management purposes. King and Spanish
mackerel are divided into migratory groups--the Atlantic migratory group
and the Gulf migratory group. The boundaries between these groups are as
follows:
(1) King mackerel--(i) Summer separation. From April 1 through
October 31, the boundary separating the Gulf and Atlantic migratory
groups of king mackerel is 25 deg.48' N. lat., which is a line directly
west from the Monroe/Collier County, FL, boundary to the outer limit of
the EEZ.
(ii) Winter separation. From November 1 through March 31, the
boundary separating the Gulf and Atlantic migratory groups of king
mackerel is 29 deg.25' N. lat., which is a line directly east from the
Volusia/Flagler County, FL, boundary to the outer limit of the EEZ.
(2) Spanish mackerel. The boundary separating the Gulf and Atlantic
migratory groups of Spanish mackerel is 25 deg.20.4' N. lat., which is a
line directly east from the Dade/Monroe County, FL, boundary to the
outer limit of the EEZ.
Off Florida means the waters in the Gulf and South Atlantic from
30 deg.42'45.6" N. lat., which is a line directly east from the seaward
terminus of the Georgia/Florida boundary, to 87 deg.31'06" W. long.,
which is a line directly south from the Alabama/Florida boundary.
Off Georgia means the waters in the South Atlantic from a line
extending in a direction of 104 deg. from true north from the seaward
terminus of the South Carolina/Georgia boundary to 30 deg.42'45.6" N.
lat., which is a line directly east from the seaward terminus of the
Georgia/Florida boundary.
Off Louisiana, Mississippi, and Alabama means the waters in the Gulf
other than off Florida and off Texas.
Off North Carolina means the waters in the South Atlantic from
36 deg.34'55" N. lat., which is a line directly east from the Virginia/
North Carolina boundary, to a line extending in a direction of
135 deg.34'55" from true north from the North Carolina/South Carolina
boundary, as marked by the border station on Bird Island at
33 deg.51'07.9" N. lat., 78 deg.32'32.6" W. long.
Off South Carolina means the waters in the South Atlantic from a
line extending in a direction of 135 deg.34'55" from true north from the
North Carolina/South Carolina boundary, as marked by the border station
on Bird Island at 33 deg.51'07.9" N. lat., 78'32'32.6" W. long., to a
line extending in a direction of 104 deg. from true north from the
seaward terminus of the South Carolina/Georgia boundary.
Off Texas means the waters in the Gulf west of a rhumb line from
29 deg.32.1' N. lat., 93 deg.47.7' W. long. to 26 deg.11.4' N. lat.,
92 deg.53' W. long., which line is an extension of the boundary between
Louisiana and Texas.
Penaeid shrimp trawler means any vessel that is equipped with one or
more trawl nets whose on-board or landed catch of brown, pink, or white
shrimp (penaeid shrimp) is more than 1 percent, by weight, of all fish
comprising its on-board or landed catch.
Powerhead means any device with an explosive charge, usually
attached to a
[[Page 101]]
speargun, spear, pole, or stick, that fires a projectile upon contact.
Processor means a person who processes fish or fish products, or
parts thereof, for commercial use or consumption.
Purchase means the act or activity of buying, trading, or bartering,
or attempting to buy, trade, or barter.
Red drum, also called redfish, means Sciaenops ocellatus, or a part
thereof.
Red snapper means Lutjanus campechanus, or a part thereof, one of
the Gulf reef fish species.
Regional Director (RD), for the purposes of this part, means the
Director, Southeast Region, NMFS (see Table 1 of Sec. 600.502 of this
chapter).
Rod and reel means a rod and reel unit that is not attached to a
vessel, or, if attached, is readily removable, from which a line and
attached hook(s) are deployed. The line is payed out from and retrieved
on the reel manually, electrically, or hydraulically.
Run-around gillnet means a gillnet, other than a long gillnet,
that, when used, encloses an area of water.
SAFMC means the South Atlantic Fishery Management Council.
Sale or sell means the act or activity of transferring property for
money or credit, trading, or bartering, or attempting to so transfer,
trade, or barter.
Science and Research Director (SRD), for the purposes of this part,
means the Science and Research Director, Southeast Fisheries Science
Center, NMFS (see Table 1 of Sec. 600.502 of this chapter).
Sea bass pot means a trap has six rectangular sides and does not
exceed 25 inches (63.5 cm) in height, width, or depth.
Shrimp means one or more of the following species, or a part
thereof:
(1) Brown shrimp, Penaeus aztecus.
(2) Pink shrimp, Penaeus duorarum.
(3) Rock shrimp, Sicyonia brevirostris.
(4) Royal red shrimp, Pleoticus robustus.
(5) Seabob shrimp, Xiphopenaeus kroyeri.
(6) White shrimp, Penaeus setiferus.
Shrimp trawler means any vessel that is equipped with one or more
trawl nets whose on-board or landed catch of shrimp is more than 1
percent, by weight, of all fish comprising its on-board or landed catch.
SMZ means special management zone.
South Atlantic means the Atlantic Ocean off the Atlantic coastal
states from the boundary between the MAFMC and the SAFMC, as specified
in Sec. 600.105(b) of this chapter, to the line of demarcation between
the Atlantic Ocean and the Gulf of Mexico, as specified in
Sec. 600.105(c) of this chapter.
South Atlantic snapper-grouper means one or more of the species, or
a part thereof, listed in Table 4 in Appendix A of this part.
Stab net means a gillnet, other than a long gillnet, or trammel net
whose weight line sinks to the bottom and submerges the float line.
Total length (TL), for the purposes of this part, means the
straight-line distance from the tip of the snout to the tip of the tail
(caudal fin), excluding any caudal filament, while the fish is lying on
its side. The mouth of the fish may be closed and/or the tail may be
squeezed together to give the greatest overall measurement. (See Figure
2 in Appendix C of this part.)
Toxic chemical means any substance, other than an allowable
chemical, that, when introduced into the water, can stun, immobilize, or
take marine life.
Trammel net means two or more panels of netting, suspended
vertically in the water by a common float line and a common weight line,
with one panel having a larger mesh size than the other(s), to entrap
fish in a pocket of netting.
Trip means a fishing trip, regardless of number of days duration,
that begins with departure from a dock, berth, beach, seawall, or ramp
and that terminates with return to a dock, berth, beach, seawall, or
ramp.
Try net, also called test net, means a net pulled for brief periods
by a shrimp trawler to test for shrimp concentrations or determine
fishing conditions (e.g., presence or absence of bottom debris,
jellyfish, bycatch, seagrasses).
Wild live rock means live rock other than aquacultured live rock.
Wreckfish means the species Polyprion americanus, or a part thereof,
one of the
[[Page 102]]
South Atlantic snapper-grouper species.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61
FR 47448, Sept. 9, 1996; 61 FR 65483, Dec. 13, 1996; 62 FR 18539, Apr.
16, 1997; 63 FR 10565, Mar. 4, 1998; 63 FR 18144, Apr. 14, 1998]
Sec. 622.3 Relation to other laws and regulations.
(a) The relation of this part to other laws is set forth in
Sec. 600.705 of this chapter and paragraphs (b) and (c) of this section.
(b) Except for regulations on allowable octocoral, Gulf and South
Atlantic prohibited coral, and live rock, this part is intended to apply
within the EEZ portions of applicable National Marine Sanctuaries and
National Parks, unless the regulations governing such Sanctuaries or
Parks prohibit their application. Regulations on allowable octocoral,
Gulf and South Atlantic prohibited coral, and live rock do not apply
within the EEZ portions of the following National Marine Sanctuaries and
National Parks:
(1) Everglades National Park (36 CFR 7.45).
(2) Looe Key National Marine Sanctuary (15 CFR part 937).
(3) Fort Jefferson National Monument (36 CFR 7.27).
(4) Key Largo Coral Reef National Marine Sanctuary (15 CFR part
929).
(5) Biscayne National Park (16 U.S.C. 410gg).
(6) Gray's Reef National Marine Sanctuary (15 CFR Part 938).
(7) Monitor Marine Sanctuary (15 CFR part 924).
(c) For allowable octocoral, if a state has a catch, landing, or
gear regulation that is more restrictive than a catch, landing, or gear
regulation in this part, a person landing in such state allowable
octocoral taken from the Gulf or South Atlantic EEZ must comply with the
more restrictive state regulation.
(d) General provisions on facilitation of enforcement, penalties,
and enforcement policy applicable to all domestic fisheries are set
forth in Secs. 600.730, 600.735, and 600.740 of this chapter,
respectively.
(e) An activity that is otherwise prohibited by this part may be
conducted if authorized as scientific research activity, exempted
fishing, or exempted educational activity, as specified in Sec. 600.745
of this chapter.
Sec. 622.4 Permits and fees.
(a) Permits required. To conduct activities in fisheries governed in
this part, valid permits, licenses, and endorsements are required as
follows:
(1) Charter vessel/headboat permits. For a person aboard a vessel
that is operating as a charter vessel or headboat to fish for or possess
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic
snapper-grouper in or from the EEZ, a charter vessel/headboat permit for
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic
snapper-grouper, respectively, must have been issued to the vessel and
must be on board. A charter vessel or headboat may have both a charter
vessel/headboat permit and a commercial vessel permit. However, when a
vessel is operating as a charter vessel or headboat, a person aboard
must adhere to the bag limits.
(2) Commercial vessel permits, licenses, and endorsements--(i) Fish
traps in the Gulf. For a person to possess or use a fish trap in the EEZ
in the Gulf of Mexico, a commercial vessel permit for Gulf reef fish
with a fish trap endorsement must have been issued to the vessel and
must be on board. See paragraph (n) of this section regarding fish trap
endorsements.
(ii) Gillnets for king mackerel in the Florida west coast subzone.
For a person aboard a vessel to use a run-around gillnet for king
mackerel in the Florida west coast subzone (see
Sec. 622.42(c)(1)(i)(A)(3)), a commercial vessel permit for king and
mackerel with a gillnet endorsement must have been issued to the vessel
and must be on board. See paragraph (o) of this section for restrictions
on addition or deletion of a gillnet endorsement.
(iii) King mackerel. For a person aboard a vessel to be eligible for
exemption from the bag limits and to fish under a quota for king
mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a
commercial vessel permit for king mackerel must have been issued to the
vessel and must be on board. To obtain or renew a commercial vessel
permit for king mackerel
[[Page 103]]
valid through April 30, 1999, at least 10 percent of the applicant's
earned income must have been derived from commercial fishing (i.e.,
harvest and first sale of fish) during one of the 3 calendar years
preceding the application. To obtain or renew a commercial vessel permit
for king mackerel valid after April 30, 1999, at least 25 percent of the
applicant's earned income, or at least $10,000, must have been derived
from commercial fishing (i.e., harvest and first sale of fish) or from
charter fishing during one of the 3 calendar years preceding the
application. See paragraph (q) of this section regarding a moratorium on
commercial vessel permits for king mackerel, initial permits under the
moratorium, transfers of permits during the moratorium, and limited
exceptions to the earned income or gross sales requirement for a permit.
(iv) Spanish mackerel. For a person aboard a vessel to be eligible
for exemption from the bag limits and to fish under a quota for Spanish
mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a
commercial vessel permit for Spanish mackerel must have been issued to
the vessel and must be on board. To obtain or renew a commercial vessel
permit for Spanish mackerel valid through April 30, 1999, at least 10
percent of the applicant's earned income must have been derived from
commercial fishing (i.e., harvest and first sale of fish) during one of
the 3 calendar years preceding the application. To obtain or renew a
commercial vessel permit for Spanish mackerel valid after April 30,
1999, at least 25 percent of the applicant's earned income, or at least
$10,000, must have been derived from commercial fishing (i.e., harvest
and first sale of fish) or from charter fishing during one of the 3
calendar years preceding the application.
(v) Gulf reef fish. For a person aboard a vessel to be eligible for
exemption from the bag limits, to fish under a quota, or to sell Gulf
reef fish in or from the Gulf EEZ, a commercial vessel permit for Gulf
reef fish must have been issued to the vessel and must be on board. To
obtain or renew a commercial vessel permit for Gulf reef fish, more than
50 percent of the applicant's earned income must have been derived from
commercial fishing (i.e., harvest and first sale of fish) or from
charter fishing during either of the 2 calendar years preceding the
application. See paragraph (m) of this section regarding a moratorium on
commercial vessel permits for Gulf reef fish and limited exceptions to
the earned income requirement for a permit.
(vi) South Atlantic snapper-grouper. For a person aboard a vessel to
be eligible for exemption from the bag limits for South Atlantic
snapper-grouper in or from the South Atlantic EEZ, to engage in the
directed fishery for tilefish in the South Atlantic EEZ, to use a
longline to fish for South Atlantic snapper-grouper in the South
Atlantic EEZ, or to use a sea bass pot in the South Atlantic EEZ between
35 deg.15.3' N. lat. (due east of Cape Hatteras Light, NC) and
28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly Building,
Cape Canaveral, FL), a commercial vessel permit for South Atlantic
snapper-grouper must have been issued to the vessel and must be on
board. A vessel with longline gear and more than 200 lb (90.7 kg) of
tilefish on board is considered to be in the directed fishery for
tilefish. It is a rebuttable presumption that a fishing vessel with more
than 200 lb (90.7 kg) of tilefish on board harvested such tilefish in
the EEZ. See Sec. 622.18 for limitations on the use, transfer, and
renewal of a commercial vessel permit for South Atlantic snapper-
grouper.
(vii) Wreckfish. For a person aboard a vessel to fish for wreckfish
in the South Atlantic EEZ, possess wreckfish in or from the South
Atlantic EEZ, offload wreckfish from the South Atlantic EEZ, or sell
wreckfish in or from the South Atlantic EEZ, a commercial vessel permit
for wreckfish must have been issued to the vessel and must be on board.
To obtain a commercial vessel permit for wreckfish, the applicant must
be a wreckfish shareholder; and either the shareholder must be the
vessel owner or the owner or operator must be an employee, contractor,
or agent of the shareholder. (See Sec. 622.15 for information on
wreckfish shareholders.)
(viii) South Atlantic rock shrimp. For a person aboard a vessel to
fish for rock
[[Page 104]]
shrimp in the South Atlantic EEZ or possess rock shrimp in or from the
South Atlantic EEZ, a commercial vessel permit for rock shrimp must be
issued to the vessel and must be on board.
(ix) Gulf red snapper. For a person aboard a vessel for which a
commercial vessel permit for Gulf reef fish has been issued to retain
red snapper under the trip limits specified in Sec. 622.44(e)(1) or (2),
a Class 1 or Class 2 Gulf red snapper license must have been issued to
the vessel and must be on board. See paragraph (p) of this section
regarding initial issue of red snapper licenses.
(3) Coral permits--(i) Allowable chemical. For an individual to take
or possess fish or other marine organisms with an allowable chemical in
a coral area, other than fish or other marine organisms that are landed
in Florida, a Federal allowable chemical permit must have been issued to
the individual. Such permit must be available when the permitted
activity is being conducted and when such fish or other marine organisms
are possessed, through landing ashore.
(ii) Allowable octocoral. For an individual to take or possess
allowable octocoral in the Gulf or South Atlantic EEZ, other than
allowable octocoral that is landed in Florida, a Federal allowable
octocoral permit must have been issued to the individual. Such permit
must be available for inspection when the permitted activity is being
conducted and when allowable octocoral is possessed, through landing
ashore.
(iii) Aquacultured live rock. For a person to take or possess
aquacultured live rock in the Gulf or South Atlantic EEZ, a Federal
aquacultured live rock permit must have been issued for the specific
harvest site. Such permit, or a copy, must be on board a vessel
depositing or possessing material on an aquacultured live rock site or
harvesting or possessing live rock from an aquacultured live rock site.
(iv) Prohibited coral. A Federal permit may be issued to take or
possess Gulf and South Atlantic prohibited coral or Caribbean prohibited
coral only as scientific research activity, exempted fishing, or
exempted educational activity. See Sec. 600.745 of this chapter for the
procedures and limitations for such activities and fishing.
(v) Florida permits. Appropriate Florida permits and endorsements
are required for the following activities, without regard to whether
they involve activities in the EEZ or Florida's waters:
(A) Landing in Florida fish or other marine organisms taken with an
allowable chemical in a coral area.
(B) Landing allowable octocoral in Florida.
(C) Landing live rock in Florida.
(vi) Wild live rock permits. A Federal permit is required for a
vessel to take or possess wild live rock in or from the Gulf EEZ. To be
eligible for a wild live rock vessel permit, the current owner of the
vessel for which the permit is requested must have had the required
Florida permit and endorsements for live rock on or before February 3,
1994, and a record of landings of live rock on or before February 3,
1994, as documented on trip tickets received by the Florida Department
of Environmental Protection before March 15, 1994. For landings other
than in Florida, equivalent state permits/endorsements, if required, and
landing records may be substituted for the Florida permits/endorsements
and trip tickets. An owner will not be issued permits in numbers
exceeding the number of vessels for which the owning entity had the
requisite reported landings. An owner of a permitted vessel may transfer
the vessel permit to another vessel owned by the same person by
returning the existing permit with an application for a vessel permit
for the replacement vessel. No wild live rock vessel permits will be
issued after the quota for wild live rock in the Gulf, as specified in
Sec. 622.42(b)(2), is reached or after December 31, 1996.
(4) Dealer permits. For a dealer to receive Gulf reef fish, golden
crab harvested from the South Atlantic EEZ, South Atlantic snapper-
grouper, rock shrimp harvested from the South Atlantic EEZ, or
wreckfish, a dealer permit for Gulf reef fish, golden crab, South
Atlantic snapper-grouper, rock shrimp, or wreckfish, respectively, must
be issued to the dealer. To obtain a dealer permit, the applicant must
have a valid state wholesaler's license
[[Page 105]]
in the state(s) where the dealer operates, if required by such state(s),
and must have a physical facility at a fixed location in such state(s).
(b) Applications for permits. Application forms for all permits are
available from the RD. Completed application forms and all required
supporting documents must be submitted to the RD at least 30 days prior
to the date on which the applicant desires to have the permit made
effective. All vessel permits are mailed to owners, whether the
applicant is an owner or an operator.
(1) Coral permits. (i) The applicant for a coral permit must be the
individual who will be conducting the activity that requires the permit.
In the case of a corporation or partnership that will be conducting live
rock aquaculture activity, the applicant must be the principal
shareholder or a general partner.
(ii) An applicant must provide the following:
(A) Name, address, telephone number, and other identifying
information of the applicant.
(B) Name and address of any affiliated company, institution, or
organization.
(C) Information concerning vessels, harvesting gear/methods, or
fishing areas, as specified on the application form.
(D) Any other information that may be necessary for the issuance or
administration of the permit.
(E) If applying for an aquacultured live rock permit, identification
of each vessel that will be depositing material on or harvesting
aquacultured live rock from the proposed aquacultured live rock site,
specification of the port of landing of aquacultured live rock, and a
site evaluation report prepared pursuant to generally accepted industry
standards that--
(1) Provides accurate coordinates of the proposed harvesting site so
that it can be located using LORAN or Global Positioning System
equipment;
(2) Shows the site on a chart in sufficient detail to determine its
size and allow for site inspection;
(3) Discusses possible hazards to safe navigation or hindrance to
vessel traffic, traditional fishing operations, or other public access
that may result from aquacultured live rock at the site;
(4) Describes the naturally occurring bottom habitat at the site;
and
(5) Specifies the type and origin of material to be deposited on the
site and how it will be distinguishable from the naturally occurring
substrate.
(2) Dealer permits. (i) The application for a dealer permit must be
submitted by the owner (in the case of a corporation, an officer or
shareholder; in the case of a partnership, a general partner).
(ii) An applicant must provide the following:
(A) A copy of each state wholesaler's license held by the dealer.
(B) Name, address, telephone number, date the business was formed,
and other identifying information of the business.
(C) The address of each physical facility at a fixed location where
the business receives fish.
(D) Name, address, telephone number, other identifying information,
and official capacity in the business of the applicant.
(E) Any other information that may be necessary for the issuance or
administration of the permit, as specified on the application form.
(3) Vessel permits. (i) The application for a commercial vessel
permit, other than for wreckfish, or for a charter vessel/headboat
permit must be submitted by the owner (in the case of a corporation, an
officer or shareholder; in the case of a partnership, a general partner)
or operator of the vessel. A commercial vessel permit that is issued
based on the earned income qualification of an operator is valid only
when that person is the operator of the vessel. The applicant for a
commercial vessel permit for wreckfish must be a wreckfish shareholder.
(ii) An applicant must provide the following:
(A) A copy of the vessel's valid USCG certificate of documentation
or, if not documented, a copy of its valid state registration
certificate.
(B) Vessel name and official number.
(C) Name, address, telephone number, and other identifying
information of the vessel owner and of the applicant, if other than the
owner.
[[Page 106]]
(D) Any other information concerning the vessel, gear
characteristics, principal fisheries engaged in, or fishing areas, as
specified on the application form.
(E) Any other information that may be necessary for the issuance or
administration of the permit, as specified on the application form.
(F) If applying for a commercial vessel permit, documentation, as
specified in the instructions accompanying each application form,
showing that applicable eligibility requirements of paragraph (a)(2) of
this section have been met.
(G) If a fish trap or sea bass pot will be used, the number,
dimensions, and estimated cubic volume of the traps/pots that will be
used and the applicant's desired color code for use in identifying his
or her vessel and buoys (white is not an acceptable color code).
(c) Change in application information. The owner or operator of a
vessel with a permit or a dealer with a permit must notify the RD within
30 days after any change in the application information specified in
paragraph (b) of this section. The permit is void if any change in the
information is not reported within 30 days.
(d) Fees. A fee is charged for each application for a permit,
license, or endorsement submitted under this section, for each request
for transfer or replacement of such permit, license, or endorsement, and
for each fish trap or sea bass pot identification tag required under
Sec. 622.6(b)(1)(i)(B). The amount of each fee is calculated in
accordance with the procedures of the NOAA Finance Handbook, available
from the RD, for determining the administrative costs of each special
product or service. The fee may not exceed such costs and is specified
with each application form. The appropriate fee must accompany each
application, request for transfer or replacement, or request for fish
trap/sea bass pot identification tags.
(e) Initial issuance. (1) The RD will issue an initial permit at any
time to an applicant if the application is complete and the specific
requirements for the requested permit have been met. An application is
complete when all requested forms, information, and documentation have
been received.
(2) Upon receipt of an incomplete application, the RD will notify
the applicant of the deficiency. If the applicant fails to correct the
deficiency within 30 days of the date of the RD's letter of
notification, the application will be considered abandoned.
(f) Duration. A permit remains valid for the period specified on it
unless it is revoked, suspended, or modified pursuant to subpart D of 15
CFR part 904 or the vessel or dealership is sold.
(g) Transfer. A vessel permit, license, or endorsement or dealer
permit issued under this section is not transferable or assignable,
except as provided in paragraph (m) of this section for a commercial
vessel permit for Gulf reef fish, in paragraph (n) of this section for a
fish trap endorsement, in paragraph (p) of this section for a red
snapper license, in paragraph (q) of this section for a king mackerel
permit, in Sec. 622.17(i) for a commercial vessel permit for golden
crab, or in Sec. 622.18(e) for a commercial vessel permit for South
Atlantic snapper-grouper. A person who acquires a vessel or dealership
who desires to conduct activities for which a permit or endorsement is
required must apply for a permit or endorsement in accordance with the
provisions of this section. If the acquired vessel or dealership is
currently permitted, the application must be accompanied by the original
permit and a copy of a signed bill of sale or equivalent acquisition
papers.
(h) Renewal. Although a permit required by this section is issued on
an annual basis, an application for permit renewal is required only
every 2 years. In the interim years, a permit is renewed automatically
(without application) for a vessel owner or dealer who has met the
specific requirements for the requested permit, who has submitted all
reports required under the Magnuson Act, and who is not subject to a
permit sanction or denial under paragraph (j) of this section. An owner
or dealer whose permit is expiring will be mailed a notification by the
RD approximately 2 months prior to expiration of the current permit.
That notification will advise the status of the renewal of the permit.
That is, the notification will advise that the renewed permit will be
issued without further
[[Page 107]]
action by the owner or dealer, that the permit is not eligible for
automatic renewal, or that a new application is required. A notification
that a permit is not eligible for automatic renewal will specify the
reasons and will provide an opportunity for correction of any
deficiencies. A notification that a new application is required will
include a preprinted renewal application. An automatically renewed
permit will be mailed by the RD approximately 1 month prior to
expiration of the old permit. A vessel owner or dealer who does not
receive a notification of status of renewal of a permit by 45 days prior
to expiration of the current permit must contact the RD.
(i) Display. A vessel permit, license, or endorsement issued under
this section must be carried on board the vessel. A dealer permit issued
under this section, or a copy thereof, must be available on the dealer's
premises. In addition, a copy of the dealer's permit must accompany each
vehicle that is used to pick up from a fishing vessel reef fish
harvested from the Gulf EEZ. The operator of a vessel must present the
permit, license, or endorsement for inspection upon the request of an
authorized officer. A dealer or a vehicle operator must present the
permit or a copy for inspection upon the request of an authorized
officer.
(j) Sanctions and denials. A permit, license, or endorsement issued
pursuant to this section may be revoked, suspended, or modified, and a
permit, license, or endorsement application may be denied, in accordance
with the procedures governing enforcement-related permit sanctions and
denials found at subpart D of 15 CFR part 904.
(k) Alteration. A permit, license, or endorsement that is altered,
erased, or mutilated is invalid.
(l) Replacement. A replacement permit, license, or endorsement may
be issued. An application for a replacement permit, license, or
endorsement is not considered a new application.
(m) Moratorium on commercial vessel permits for Gulf reef fish. The
provisions of this paragraph (m) are applicable through December 31,
2000.
(1) No applications for additional commercial vessel permits for
Gulf reef fish will be accepted. Existing vessel permits may be renewed,
are subject to the restrictions on transfer or change in paragraphs
(m)(2) through (5) of this section, and are subject to the requirement
for timely renewal in paragraph (m)(6) of this section.
(2) An owner of a permitted vessel may transfer the commercial
vessel permit for Gulf reef fish to another vessel owned by the same
entity.
(3) An owner whose earned income qualified for the commercial vessel
permit for Gulf reef fish may transfer the permit to the owner of
another vessel, or to the new owner when he or she transfers ownership
of the permitted vessel. Such owner of another vessel, or new owner, may
receive a commercial vessel permit for Gulf reef fish for his or her
vessel, and renew it through April 15 following the first full calendar
year after obtaining it, without meeting the earned income requirement
of paragraph (a)(2)(v) of this section. However, to further renew the
commercial vessel permit, the owner of the other vessel, or new owner,
must meet the earned income requirement not later than the first full
calendar year after the permit transfer takes place.
(4) An owner of a permitted vessel, the permit for which is based on
an operator's earned income and, thus, is valid only when that person is
the operator of the vessel, may transfer the permit to the income
qualifying operator when such operator becomes an owner of a vessel.
(5) An owner of a permitted vessel, the permit for which is based on
an operator's earned income and, thus, is valid only when that person is
the operator of the vessel, may have the operator qualification on the
permit removed, and renew it without such qualification through April 15
following the first full calendar year after removing it, without
meeting the earned income requirement of paragraph (a)(2)(v) of this
section. However, to further renew the commercial vessel permit, the
owner must meet the earned income requirement not later than the first
full
[[Page 108]]
calendar year after the operator qualification is removed. To have an
operator qualification removed from a permit, the owner must return the
original permit to the RD with an application for the changed permit.
(6) A commercial vessel permit for Gulf reef fish that is not
renewed or that is revoked will not be reissued. A permit is considered
to be not renewed when an application for renewal is not received by the
RD within 1 year of the expiration date of the permit.
(n) Endorsements for fish traps in the Gulf. The provisions of this
paragraph (n) are applicable through February 7, 2007. After February 7,
2007, no fish trap endorsements are valid.
(1) Only those fish trap endorsements that are valid on February 7,
1997, may be renewed. Such endorsements are subject to the restrictions
on transfer in paragraphs (n)(2) and (3) of this section and are subject
to the requirement for timely renewal in paragraph (n)(5) of this
section.
(2) Through February 7, 1999, a fish trap endorsement may be
transferred only to a vessel that has a commercial permit for reef fish.
(3) After February 7, 1999, a fish trap endorsement is not
transferable except as follows:
(i) An owner of a vessel with a fish trap endorsement may transfer
the endorsement to another vessel owned by the same entity.
(ii) A fish trap endorsement is transferable upon a change of
ownership of a permitted vessel with such endorsement from one to
another of the following: Husband, wife, son, daughter, brother, sister,
mother, or father.
(iii) When a change of ownership of a vessel with a fish trap
endorsement is directly related to the disability or death of the owner,
the RD may issue such endorsement, temporarily or permanently, with the
commercial vessel permit for Gulf reef fish that is issued for the
vessel under the new owner. Such new owner will be the person specified
by the owner or his/her legal guardian, in the case of a disabled owner,
or by the will or executor/administrator of the estate, in the case of a
deceased owner. (Paragraphs (m)(3) and (4) of this section apply for the
transfer of a commercial vessel permit for Gulf reef fish upon
disability or death of an owner.)
(iv) A fish trap endorsement may be transferred to a vessel with a
commercial vessel permit for Gulf reef fish whose owner has a record of
landings of reef fish from fish traps in the Gulf EEZ, as reported on
fishing vessel logbooks received by the SRD, from November 20, 1992,
through February 6, 1994, and who was unable to obtain a fish trap
endorsement for the vessel with the reported landings.
(4) The owner of a vessel that is to receive a transferred
endorsement must return the originals of the endorsed commercial vessel
permit for Gulf reef fish and the unendorsed permit to the RD with an
application for a fish trap endorsement for his or her vessel.
(5) A fish trap endorsement that is not renewed or that is revoked
will not be reissued. Such endorsement is considered to be not renewed
when an application for renewal is not received by the RD within 1 year
of the expiration date of the permit.
(o) Endorsements for the use of gillnets for king mackerel in the
Florida west coast subzone. Other paragraphs of this section
notwithstanding--
(1) An owner of a vessel that has a commercial vessel permit for
king mackerel may add or delete a gillnet endorsement on a permit by
returning to the RD the vessel's existing permit with a written request
for addition or deletion of the gillnet endorsement. Such request must
be postmarked or hand delivered during June, each year.
(2) A gillnet endorsement may not be added or deleted from July 1
through May 31 each year, any renewal of the permit during that period
notwithstanding. From July 1 through May 31, a permitted vessel that is
sold, if permitted by the new owner for king mackerel, will receive a
permit with or without the gillnet endorsement as was the case for the
vessel under the previous owner. From July 1 through May 31, the initial
commercial vessel permit for king mackerel issued for a vessel new to
the fishery will be issued without a gillnet endorsement.
(p) Gulf red snapper licenses--(1) Class 1 licenses. To be eligible
for the 2,000-lb (907-kg) trip limit for Gulf red snapper specified in
Sec. 622.44(e)(1), a vessel must
[[Page 109]]
have been issued both a valid commercial vessel permit for Gulf reef
fish and a valid Class 1 Gulf red snapper license, and such permit and
license must be on board.
(2) Class 2 licenses. To be eligible for the 200-lb (91-kg) trip
limit for Gulf red snapper specified in Sec. 622.44(e)(2), a vessel must
have been issued both a valid commercial vessel permit for Gulf reef
fish and a valid Class 2 Gulf red snapper license, and such permit and
license must be on board.
(3) Operator restriction. An initial Gulf red snapper license that
is issued for a vessel based on the qualification of an operator or
historical captain is valid only when that operator or historical
captain is the operator of the vessel. When applicable, this operator
restriction is shown on the license.
(4) Transfer of Gulf red snapper licenses. A red snapper license may
be transferred independently of a commercial vessel permit for Gulf reef
fish. To request the transfer of a red snapper license, complete the
transfer information on the reverse of the license and return it to the
RD.
(5) Initial issue of Gulf red snapper licenses--(i) Class 1
licenses. (A) An initial Class 1 license will be issued for the vessel
specified by the holder of a valid red snapper endorsement on March 1,
1997, and to a historical captain. In the event of death or disability
of such holder between March 1, 1997, and the date Class 1 licenses are
issued, a Class 1 license will be issued for the vessel specified by the
person to whom the red snapper endorsement was transferred.
(B) Status as a historical captain is based on information collected
under Amendment 9 to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP) (59 FR 39301, August 2, 1994). A
historical captain is an operator who--
(1) From November 6, 1989, through 1993, fished solely under verbal
or written share agreements with an owner, and such agreements provided
for the operator to be responsible for hiring the crew, who was paid
from the share under his or her control;
(2) Landed from that vessel at least 5,000 lb (2,268 kg) of red
snapper per year in 2 of the 3 years 1990, 1991, and 1992;
(3) Derived more than 50 percent of his or her earned income from
commercial fishing, that is, sale of the catch, in each of the years
1989 through 1993; and
(4) Landed red snapper prior to November 7, 1989.
(ii) Class 2 licenses. (A) An initial Class 2 license will be issued
for the vessel specified by an owner or operator whose income qualified
for a commercial vessel permit for reef fish that was valid on March 1,
1997, and such owner or operator was the person whose earned income
qualified for a commercial vessel permit for reef fish that had a
landing of red snapper during the period from January 1, 1990, through
February 28, 1997.
(B) For the purpose of paragraph (p)(5)(ii)(A) of this section,
landings of red snapper are as recorded in the information collected
under Amendment 9 to the FMP (59 FR 39301, August 2, 1994) for the
period 1990 through 1992 and in fishing vessel logbooks, as required
under Sec. 622.5(a)(1)(ii), received by the SRD not later than March 31,
1997, for the period from January 1, 1993, through February 28, 1997.
(C) A vessel's red snapper landings record during the period from
January 1, 1990, through February 28, 1997, is retained by the owner at
the time of the landings if the vessel's permit was transferred to
another vessel owned by him or her. When a vessel has had a change of
ownership and concurrent transfer of its permit, the vessel's red
snapper landings record is credited to the owner of that vessel on March
1, 1997, unless there is a legally binding agreement under which a
previous owner retained the landings record. An owner who claims such
retention of a landings record must submit a copy of the agreement to
the RD postmarked or hand delivered not later than January 30, 1998.
However, an owner who submits a copy of such agreement after January 6,
1998, is not assured that a red snapper license will be issued before
the opening of the commercial fishery for red snapper on February 1,
1998.
(6) Implementation procedures--(i) Initial notification. The RD will
notify
[[Page 110]]
each owner of a vessel that had a valid permit for Gulf reef fish on
March 1, 1997, each operator whose earned income qualified for a valid
permit on that date, and each potential historical captain of his or her
eligibility for a Class 1 or Class 2 red snapper license. Initial
determinations of eligibility will be based on NMFS' records of red
snapper endorsements, red snapper landings during the period from
January 1, 1990, through February 28, 1997, and applications for
historical captain status under Amendment 9 to the FMP (59 FR 39301,
August 2, 1994). An owner, operator, or potential historical captain who
concurs with NMFS' initial determination of eligibility need take no
further action. Each owner, operator, and historical captain who is
initially determined to be eligible will be issued an appropriate
license not later than January 23, 1998.
(ii) Reconsideration. (A) An owner, operator, or potential
historical captain who does not concur with NMFS' initial determination
of eligibility for historical captain status or for a Class 2 red
snapper license may request reconsideration of that initial
determination by the RD.
(B) A written request for reconsideration must be submitted to the
RD postmarked or hand delivered not later than February 10, 1998, and
must provide written documentation supporting the basis for
reconsideration. However, an owner who submits such request after
January 13, 1998, is not assured that a red snapper license will be
issued before the opening of the commercial fishery for red snapper on
February 1, 1998. Upon request by the owner, operator, or potential
historical captain, the RD will forward the initial determination, the
request for reconsideration, and pertinent records to a committee
consisting of the principal state officials who are members of the
GMFMC, or their designees. An owner, operator, or potential historical
captain may request to make a personal appearance before the committee
in his or her request for reconsideration. If an owner, operator, or
potential historical captain requests that his or her request be
forwarded to the committee, such a request constitutes the applicant's
written authorization under section 402(b)(1)(F) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) for the
RD to make available to the committee members such confidential catch
and other records as are pertinent to the matter under reconsideration.
(C) Members of the committee will provide their individual
recommendations for each application for reconsideration referred to the
committee to the RD. The committee may only deliberate whether the
eligibility criteria specified in paragraph (p)(5) of this section were
applied correctly in the applicant's case, based solely on the available
record, including documentation submitted by the applicant. Neither the
committee nor the RD may consider whether a person should have been
eligible for historical captain status or a Class 2 license because of
hardship or other factors. The RD will make a final decision based on
the initial eligibility criteria in paragraph (p)(5) of this section and
the available record, including documentation submitted by the
applicant, and, if the request is considered by the committee, the
recommendations and comments from each member of the committee. The RD
will notify the applicant of the decision and the reason therefore, in
writing, within 15 days of receiving the recommendations of the
committee members. If the application is not considered by the
committee, the RD will provide such notification within 15 days of the
RD's receipt of the request for reconsideration. The RD's decision will
constitute the final administrative action by NMFS on an application for
reconsideration.
(q) Moratorium on commercial vessel permits for king mackerel. This
paragraph (q) is effective through October 15, 2000.
(1) Effective March 4, 1998, an initial commercial vessel permit for
king mackerel will be issued only if the vessel owner was the owner of a
vessel with a commercial vessel permit for king mackerel on or before
October 16, 1995. A king mackerel permit for a vessel whose owner does
not meet this moratorium criterion may be renewed only through April 30,
1999.
(2) To obtain a commercial vessel permit for king mackerel under the
[[Page 111]]
moratorium, an owner or operator of a vessel that does not have a valid
king mackerel permit on March 4, 1998, must submit an application to the
RD postmarked or hand delivered not later than June 2, 1998. Other than
applications for renewals of commercial vessel permits for king
mackerel, no applications for commercial vessel permits for king
mackerel will be accepted after June 2, 1998. Application forms are
available from the RD.
(3) An owner will not be issued initial commercial vessel permits
for king mackerel under the moratorium in numbers exceeding the number
of vessels permitted in the king mackerel fishery that he/she owned
simultaneously on or before October 16, 1995. If a vessel with a
commercial vessel permit for king mackerel on or before October 16,
1995, has been sold since that date, the owner on or before that date
retains the right to the commercial vessel permit for king mackerel
unless there is a written agreement that such right transfers to the new
owner.
(4) An owner of a permitted vessel may transfer the commercial
vessel permit for king mackerel issued under this moratorium to another
vessel owned by the same entity.
(5) An owner whose percentage of earned income or gross sales
qualified him/her for the commercial vessel permit for king mackerel
issued under the moratorium may request that NMFS transfer that permit
to the owner of another vessel, or to the new owner when he or she
transfers ownership of the permitted vessel. Such owner of another
vessel, or new owner, may receive a commercial vessel permit for king
mackerel for his or her vessel, and renew it through April 15 following
the first full calendar year after obtaining it, without meeting the
percentage of earned income or gross sales requirement of paragraph
(a)(2)(iii) of this section. However, to further renew the commercial
vessel permit, the owner of the other vessel, or new owner, must meet
the earned income or gross sales requirement not later than the first
full calendar year after the permit transfer takes place.
(6) An owner of a permitted vessel, the permit for which is based on
an operator's earned income and, thus, is valid only when that person is
the operator of the vessel, may request that NMFS transfer the permit to
the income-qualifying operator when such operator becomes an owner of a
vessel.
(7) An owner of a permitted vessel, the permit for which is based on
an operator's earned income and, thus, is valid only when that person is
the operator of the vessel, may have the operator qualification on the
permit removed, and renew it without such qualification through April 15
following the first full calendar year after removing it, without
meeting the earned income or gross sales requirement of paragraph
(a)(2)(iii) of this section. However, to further renew the commercial
vessel permit, the owner must meet the earned income or gross sales
requirement not later than the first full calendar year after the
operator qualification is removed. To have an operator qualification
removed from a permit, the owner must return the original permit to the
RD with an application for the changed permit.
(8) NMFS will not reissue a commercial vessel permit for king
mackerel if the permit is revoked or if the RD does not receive an
application for renewal within 1 year of the permit's expiration date.
[61 FR 34937, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61
FR 47448, Sept 9, 1996; 61 FR 48414, Sept. 13, 1996; 62 FR 13986, Mar.
25, 1997; 62 FR 67721, 67722, Dec. 30, 1997; 63 FR 10565, 10569, Mar. 4,
1998; 63 FR 38301, July 16, 1998]
Effective Date Note: At 63 FR 38301, July 16, 1998, Sec. 622.4 was
amended by revising the last sentence of paragraph (a)(2)(vi), effective
Dec. 14, 1998. For the convenience of the user, the superseded text is
set forth as follows:
Sec. 622.4 Permits and fees.
(a) * * *
(2) * * *
(vi) * * * To obtain or renew a commercial vessel permit for South
Atlantic snapper-grouper, more than 50 percent of the applicant's earned
income must have been derived from commercial fishing (i.e., harvest and
first sale of fish) or from charter fishing, or gross sales of fish
harvested from the owner's, operator's, corporation's, or partnership's
vessels must have been greater than $20,000, during one of the 3
calendar years preceding the application.
* * * * *
[[Page 112]]
Sec. 622.5 Recordkeeping and reporting.
Participants in fisheries governed in this part are required to keep
records and report as follows.
(a) Commercial vessel owners and operators--(1) Requirements by
species--(i) Coastal migratory pelagic fish. The owner or operator of a
vessel that fishes for or lands coastal migratory pelagic fish for sale
in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ or adjoining
state waters, or whose vessel is issued a commercial permit for king or
Spanish mackerel, as required under Sec. 622.4(a)(2)(iii) or (iv), who
is selected to report by the SRD, must maintain a fishing record on a
form available from the SRD and must submit such record as specified in
paragraph (a)(2) of this section.
(ii) Gulf reef fish. The owner or operator of a vessel for which a
commercial permit for Gulf reef fish has been issued, as required under
Sec. 622.4(a)(2)(v), or whose vessel fishes for or lands reef fish in or
from state waters adjoining the Gulf EEZ, who is selected to report by
the SRD must maintain a fishing record on a form available from the SRD
and must submit such record as specified in paragraph (a)(2) of this
section.
(iii) Gulf shrimp. The owner or operator of a vessel that fishes for
shrimp in the Gulf EEZ or in adjoining state waters, or that lands
shrimp in an adjoining state, must provide information for any fishing
trip, as requested by the SRD, including, but not limited to, vessel
identification, gear, effort, amount of shrimp caught by species, shrimp
condition (heads on/heads off), fishing areas and depths, and person to
whom sold.
(iv) South Atlantic snapper-grouper. (A) The owner or operator of a
vessel for which a commercial permit for South Atlantic snapper-grouper
has been issued, as required under Sec. 622.4(a)(2)(vi), or whose vessel
fishes for or lands South Atlantic snapper-grouper in or from state
waters adjoining the South Atlantic EEZ, who is selected to report by
the SRD must maintain a fishing record on a form available from the SRD
and must submit such record as specified in paragraph (a)(2) of this
section.
(B) The wreckfish shareholder under Sec. 622.15, or operator of a
vessel for which a commercial permit for wreckfish has been issued, as
required under Sec. 622.4(a)(2)(vii), must maintain a fishing record on
a form available from the SRD and must submit such record as specified
in paragraph (a)(2) of this section.
(C) The wreckfish shareholder under Sec. 622.15, or operator of a
vessel for which a commercial permit for wreckfish has been issued, as
required under Sec. 622.4(a)(2)(vii), must make available to an
authorized officer upon request all records of offloadings, purchases,
or sales of wreckfish.
(v) South Atlantic golden crab. The owner or operator of a vessel
for which a commercial permit for golden crab has been issued, as
required under Sec. 622.17(a), who is selected to report by the SRD must
maintain a fishing record on a form available from the SRD.
(2) Reporting deadlines. (i) Completed fishing records required by
paragraphs (a)(1)(i), (ii), and (iv) of this section must be submitted
to the SRD postmarked not later than 7 days after the end of each
fishing trip. If no fishing occurred during a calendar month, a report
so stating must be submitted on one of the forms postmarked not later
than 7 days after the end of that month. Information to be reported is
indicated on the form and its accompanying instructions.
(ii) Reporting forms required in paragraph (a)(1)(v) of this section
must be submitted to the SRD postmarked not later than 30 days after
sale of the golden crab offloaded from a trip. If no fishing occurred
during a calendar month, a report so stating must be submitted on one of
the forms postmarked not later than 7 days after the end of that month.
Information to be reported is indicated on the form and its accompanying
instructions.
(b) Charter vessel/headboat owners and operators--(1) Coastal
migratory pelagic fish, reef fish, and snapper-grouper. The owner or
operator of a vessel for which a charter vessel/headboat permit for
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic
snapper-grouper has been issued, as required under Sec. 622.4(a)(1), or
whose vessel
[[Page 113]]
fishes for or lands such coastal migratory pelagic fish, reef fish, or
snapper-grouper in or from state waters adjoining the Gulf or South
Atlantic EEZ, who is selected to report by the SRD must maintain a
fishing record for each trip, or a portion of such trips as specified by
the SRD, on forms provided by the SRD and must submit such record as
specified in paragraph (b)(2) of this section.
(2) Reporting deadlines--(i) Charter vessels. Completed fishing
records required by paragraph (b)(1) of this section for charter vessels
must be submitted to the SRD weekly, postmarked not later than 7 days
after the end of each week (Sunday). Information to be reported is
indicated on the form and its accompanying instructions.
(ii) Headboats. Completed fishing records required by paragraph
(b)(1) of this section for headboats must be submitted to the SRD
monthly and must either be made available to an authorized statistical
reporting agent or be postmarked not later than 7 days after the end of
each month. Information to be reported is indicated on the form and its
accompanying instructions.
(c) Dealers--(1) Coastal migratory pelagic fish. (i) A person who
purchases coastal migratory pelagic fish from a fishing vessel, or
person, that fishes for or lands such fish in or from the EEZ or
adjoining state waters who is selected to report by the SRD must submit
information on forms provided by the SRD. This information must be
submitted to the SRD at monthly intervals, postmarked not later than 5
days after the end of each month. Reporting frequency and reporting
deadlines may be modified upon notification by the SRD. If no coastal
migratory pelagic fish were received during a calendar month, a report
so stating must be submitted on one of the forms, in accordance with the
instructions on the form, and must be postmarked not later than 5 days
after the end of the month. The information to be reported is as
follows:
(A) Dealer's or processor's name and address.
(B) County where fish were landed.
(C) Total poundage of each species received during that month, or
other requested interval.
(D) Average monthly price paid for each species.
(E) Proportion of total poundage landed by each gear type.
(ii) Alternate SRD. For the purposes of paragraph (c)(1)(i) of this
section, in the states from New York through Virginia, or in the waters
off those states, ``SRD'' means the Science and Research Director,
Northeast Fisheries Science Center, NMFS (see Table 1 of Sec. 600.502 of
this chapter), or a designee.
(2) Gulf red drum. A dealers or processor who purchases red drum
harvested from the Gulf who is selected to report by the SRD must report
to the SRD such information as the SRD may request and in the form and
manner as the SRD may require. The information required to be submitted
must include, but is not limited to, the following:
(i) Dealer's or processor's name and address.
(ii) State and county where red drum were landed.
(iii) Total poundage of red drum received during the reporting
period, by each type of gear used for harvest.
(3) Gulf reef fish. A person who purchases Gulf reef fish from a
fishing vessel, or person, that fishes for or lands such fish in or from
the EEZ or adjoining state waters must maintain records and submit
information as follows:
(i) A dealer must maintain at his/her principal place of business a
record of Gulf reef fish that he/she receives. The record must contain
the name of each fishing vessel from which reef fish were received and
the date, species, and quantity of each receipt. A dealer must retain
such record for at least 1 year after receipt date and must provide such
record for inspection upon the request of an authorized officer or the
SRD.
(ii) When requested by the SRD, a dealer must provide information
from his/her record of Gulf reef fish received the total poundage of
each species received during the month, average monthly price paid for
each species by market size, and proportion of total poundage landed by
each gear type. This information must be provided on forms available
from the SRD and must be submitted to the SRD at monthly intervals,
postmarked not later than 5 days after the end of the
[[Page 114]]
month. Reporting frequency and reporting deadlines may be modified upon
notification by the SRD. If no reef fish were received during a calendar
month, a report so stating must be submitted on one of the forms,
postmarked not later than 5 days after the end of the month.
(iii) The operator of a car or truck that is used to pick up from a
fishing vessel reef fish harvested from the Gulf must maintain a record
containing the name of each fishing vessel from which reef fish on the
car or truck have been received. The vehicle operator must provide such
record for inspection upon the request of an authorized officer.
(4) Gulf shrimp. A person who purchases shrimp from a vessel, or
person, that fishes for shrimp in the Gulf EEZ or in adjoining state
waters, or that lands shrimp in an adjoining state, must provide the
following information when requested by the SRD:
(i) Name and official number of the vessel from which shrimp were
received or the name of the person from whom shrimp were received, if
received from other than a vessel.
(ii) Amount of shrimp received by species and size category for each
receipt.
(iii) Exvessel value, by species and size category, for each
receipt.
(5) South Atlantic snapper-grouper. (i) A person who purchases South
Atlantic snapper-grouper that were harvested from the EEZ or from
adjoining state waters and who is selected to report by the SRD and a
dealer who has been issued a dealer permit for wreckfish, as required
under Sec. 622.4(a)(4), must provide information on receipts of South
Atlantic snapper-grouper and prices paid, by species, on forms available
from the SRD. The required information must be submitted to the SRD at
monthly intervals, postmarked not later than 5 days after the end of the
month. Reporting frequency and reporting deadlines may be modified upon
notification by the SRD. If no South Atlantic snapper-grouper were
received during a calendar month, a report so stating must be submitted
on one of the forms, postmarked not later than 5 days after the end of
the month. However, during complete months encompassed by the wreckfish
spawning-season closure (that is, February and March), a wreckfish
dealer is not required to submit a report stating that no wreckfish were
received.
(ii) A dealer reporting South Atlantic snapper-grouper other than
wreckfish may submit the information required in paragraph (c)(5)(i) of
this section via facsimile (fax).
(iii) A dealer who has been issued a dealer permit for wreckfish, as
required under Sec. 622.4(a)(4), must make available to an authorized
officer upon request all records of offloadings, purchases, or sales of
wreckfish.
(6) South Atlantic golden crab. A dealer who receives from a fishing
vessel golden crab harvested from the South Atlantic EEZ and who is
selected by the SRD must provide information on receipts of, and prices
paid for, South Atlantic golden crab to the SRD at monthly intervals,
postmarked not later than 5 days after the end of each month. Reporting
frequency and reporting deadlines may be modified upon notification by
the SRD.
(7) South Atlantic rock shrimp. (i) A dealer who has been issued a
permit for rock shrimp, as required under Sec. 622.4(a)(4), and who is
selected by the SRD must provide information on receipts of rock shrimp
and prices paid on forms available from the SRD. The required
information must be submitted to the SRD at monthly intervals postmarked
not later than 5 days after the end of each month. Reporting frequencies
and reporting deadlines may be modified upon notification by the SRD.
(ii) On demand, a dealer who has been issued a dealer permit for
rock shrimp, as required under Sec. 622.4(a)(4), must make available to
an authorized officer all records of offloadings, purchases, or sales of
rock shrimp.
(d) Individuals with coral or live rock permits. (1) An individual
with a Federal allowable octocoral permit must submit a report of
harvest to the SRD. Specific reporting requirements will be provided
with the permit.
(2) A person with a Federal aquacultured live rock permit must
report to the RD each deposition of material on a site. Such reports
must be postmarked not later than 7 days after
[[Page 115]]
deposition and must contain the following information:
(i) Permit number of site and date of deposit.
(ii) Geological origin of material deposited.
(iii) Amount of material deposited.
(iv) Source of material deposited, that is, where obtained, if
removed from another habitat, or from whom purchased.
(3) A person who takes aquacultured live rock must submit a report
of harvest to the RD. Specific reporting requirements will be provided
with the permit. This reporting requirement is waived for aquacultured
live rock that is landed in Florida.
(e) Additional data and inspection. Additional data will be
collected by authorized statistical reporting agents and by authorized
officers. A person who fishes for or possesses species in or from the
EEZ governed in this part is required to make the applicable fish or
parts thereof available for inspection by the SRD or an authorized
officer upon request.
(f) Commercial vessel, charter vessel, and headboat inventory. The
owner or operator of a commercial vessel, charter vessel, or headboat
operating in a fishery governed in this part who is not selected to
report by the SRD under paragraph (a) or (b) of this section must
provide the following information when interviewed by the SRD:
(1) Name and official number of vessel and permit number, if
applicable.
(2) Length and tonnage.
(3) Current home port.
(4) Fishing areas.
(5) Ports where fish were offloaded during the last year.
(6) Type and quantity of gear.
(7) Number of full- and part-time fishermen or crew members.
[61 FR 34940, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61
FR 47448, Sept. 9, 1996; 63 FR 10567, Mar. 4, 1998]
Sec. 622.6 Vessel and gear identification.
(a) Vessel identification--(1) Applicability--(i) Official number. A
vessel for which a permit has been issued under Sec. 622.4 or
Sec. 622.17, and a vessel that fishes for or possesses shrimp in the
Gulf EEZ, must display its official number--
(A) On the port and starboard sides of the deckhouse or hull and,
for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so
as to be clearly visible from an enforcement vessel or aircraft.
(B) In block arabic numerals permanently affixed to or painted on
the vessel in contrasting color to the background.
(C) At least 18 inches (45.7 cm) in height for vessels over 65 ft
(19.8 m) long; at least 10 inches (25.4 cm) in height for vessels over
25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in height for vessels
25 ft (7.6 m) long or less.
(ii) Official number and color code. The following vessels must
display their official number as specified in paragraph (a)(1)(i) of
this section and, in addition, must display their assigned color code: A
vessel for which a fish trap endorsement has been issued, as required
under Sec. 622.4(a)(2)(i); a vessel for which a permit has been issued
to fish with a sea bass pot, as required under Sec. 622.4(a)(2)(vi); a
vessel in the commercial Caribbean reef fish fishery fishing with traps;
and a vessel in the Caribbean spiny lobster fishery. Color codes
required for the Caribbean reef fish fishery and Caribbean spiny lobster
fishery are assigned by Puerto Rico or the U.S. Virgin Islands,
whichever is applicable; color codes required in all other fisheries are
assigned by the RD. The color code must be displayed--
(A) On the port and starboard sides of the deckhouse or hull and,
for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so
as to be clearly visible from an enforcement vessel or aircraft.
(B) In the form of a circle permanently affixed to or painted on the
vessel.
(C) At least 18 inches (45.7 cm) in diameter for vessels over 65 ft
(19.8 m) long; at least 10 inches (25.4 cm) in diameter for vessels over
25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in diameter for
vessels 25 ft (7.6 m) long or less.
(2) Duties of operator. The operator of a vessel specified in
paragraph (a)(1) of this section must keep the official number and the
color code, if applicable, clearly legible and in good repair
[[Page 116]]
and must ensure that no part of the fishing vessel, its rigging, fishing
gear, or any other material on board obstructs the view of the official
number or the color code, if applicable, from an enforcement vessel or
aircraft.
(b) Gear identification--(1) Traps/pots and associated buoys--(i)
Traps or pots--(A) Caribbean EEZ. A fish trap or spiny lobster trap used
or possessed in the Caribbean EEZ must display the official number
specified for the vessel by Puerto Rico or the U.S. Virgin Islands so as
to be easily identified.
(B) Gulf and South Atlantic EEZ. A fish trap used or possessed in
the Gulf EEZ and a sea bass pot used or possessed in the South Atlantic
EEZ between 35 deg.15.3' N. lat. (due east of Cape Hatteras Light, NC)
and 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly
Building, Cape Canaveral, FL), or a fish trap or sea bass pot on board a
vessel with a commercial permit for Gulf reef fish or South Atlantic
snapper-grouper, must have a valid identification tag issued by the RD
attached. A golden crab trap used or possessed in the South Atlantic EEZ
or on board a vessel with a commercial permit for golden crab must have
the commercial vessel permit number permanently affixed so as to be
easily distinguished, located, and identified; an identification tag
issued by the RD may be used for this purpose but is not required.
(ii) Associated buoys. A buoy that is attached to a trap or pot must
display the official number and assigned color code so as to be easily
distinguished, located, and identified as follows:
(A) Caribbean EEZ. Each buoy must display the official number and
color code assigned to the vessel by Puerto Rico or the U.S. Virgin
Islands, whichever is applicable.
(B) Gulf and South Atlantic EEZ. Each buoy must display the official
number and color code assigned by the RD. In the Gulf EEZ, a buoy must
be attached to each trap, or each end trap if traps are connected by a
line. In the South Atlantic EEZ, buoys are not required to be used, but,
if used, each buoy must display the official number and color code.
However, no color code is required on a buoy attached to a golden crab
trap.
(iii) Presumption of ownership. A Caribbean spiny lobster trap, a
fish trap, a golden crab trap, or a sea bass pot in the EEZ will be
presumed to be the property of the most recently documented owner. This
presumption will not apply with respect to such traps and pots that are
lost or sold if the owner reports the loss or sale within 15 days to the
RD.
(iv) Unmarked traps, pots, or buoys. An unmarked Caribbean spiny
lobster trap, a fish trap, a golden crab trap, a sea bass pot, or a buoy
deployed in the EEZ where such trap, pot, or buoy is required to be
marked is illegal and may be disposed of in any appropriate manner by
the Assistant Administrator or an authorized officer.
(2) Gillnet buoys. On board a vessel with a valid Spanish mackerel
permit that is fishing for Spanish mackerel in, or that possesses
Spanish mackerel in or from, the South Atlantic EEZ off Florida north of
25 deg.20.4' N. lat., which is a line directly east from the Dade/Monroe
County, FL, boundary, the float line of each gillnet possessed,
including any net in use, must have a maximum of nine distinctive
floats, i.e., different from the usual net buoys, spaced uniformly at a
distance of 100 yd (91.4 m) or less. Each such distinctive float must
display the official number of the vessel.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43957, Aug. 27, 1996; 63
FR 10567, Mar. 4, 1998]
Sec. 622.7 Prohibitions.
In addition to the general prohibitions in Sec. 600.725 of this
chapter, it is unlawful for any person to do any of the following:
(a) Engage in an activity for which a valid Federal permit, license,
or endorsement is required under Sec. 622.4 or Sec. 622.17 without such
permit, license, or endorsement.
(b) Falsify information on an application for a permit, license, or
endorsement or submitted in support of such application, as specified in
Sec. 622.4(b), (g), (p), or (q), or in Sec. 622.17, or in Sec. 622.18.
(c) Fail to display a permit, license, or endorsement, as specified
in Sec. 622.4(i) or Sec. 622.17(g).
[[Page 117]]
(d) Falsify or fail to maintain, submit, or provide information
required to be maintained, submitted, or provided, as specified in
Sec. 622.5 (a) through (f).
(e) Fail to make a fish, or parts thereof, available for inspection,
as specified in Sec. 622.5(e).
(f) Falsify or fail to display and maintain vessel and gear
identification, as specified in Sec. 622.6 (a) and (b).
(g) Fail to comply with any requirement or restriction regarding ITQ
coupons, as specified in Sec. 622.15(c)(3), (c)(5), (c)(6), or (c)(7).
(h) Possess wreckfish as specified in Sec. 622.15(c)(4), receive
wreckfish except as specified in Sec. 622.15(c)(7), or offload a
wreckfish except as specified in Sec. 622.15 (d)(3) and (d)(4).
(i) Transfer--
(1) A wreckfish, as specified in Sec. 622.15(d)(1);
(2) A limited-harvest species, as specified in Sec. 622.32(c)
introductory text;
(3) A species/species group subject to a bag limit, as specified
Sec. 622.39(a)(1);
(4) South Atlantic snapper-grouper from a vessel with unauthorized
gear on board, as specified in Sec. 622.41(d)(2)(iii); or
(5) A species subject to a commercial trip limit, as specified in
Sec. 622.44.
(j) Use or possess prohibited gear or methods or possess fish in
association with possession or use of prohibited gear, as specified in
Sec. 622.31.
(k) Fish for, harvest, or possess a prohibited species, or a
limited-harvest species in excess of its limitation, sell or purchase
such species, fail to comply with release requirements, or molest or
strip eggs from a Caribbean spiny lobster, as specified in Sec. 622.32.
(l) Fish in violation of the prohibitions, restrictions, and
requirements applicable to seasonal and/or area closures, including but
not limited to: Prohibition of all fishing, gear restrictions,
restrictions on take or retention of fish, fish release requirements,
and restrictions on use of an anchor or grapple, as specified in
Sec. 622.33, Sec. 622.34, or Sec. 622.35, or as may be specified under
Sec. 622.46 (b) or (c).
(m) Harvest, possess, offload, sell, or purchase fish in excess of
the seasonal harvest limitations, as specified in Sec. 622.36.
(n) Except as allowed under Sec. 622.37(c) (2) and (3) for king and
Spanish mackerel, possess undersized fish, fail to release undersized
fish, or sell or purchase undersized fish, as specified in Sec. 622.37.
(o) Fail to maintain a fish intact through offloading ashore, as
specified in Sec. 622.38.
(p) Exceed a bag or possession limit, as specified in Sec. 622.39.
(q) Fail to comply with the limitations on traps and pots, including
but not limited to: Tending requirements, constructions requirements,
and area specific restrictions, as specified in Sec. 622.40.
(r) Fail to comply with the species-specific limitations, as
specified in Sec. 622.41.
(s) Fail to comply with the restrictions that apply after closure of
a fishery, as specified in Sec. 622.43.
(t) Possess on board a vessel or land, purchase, or sell fish in
excess of the commercial trip limits, as specified in Sec. 622.44.
(u) Fail to comply with the restrictions on sale/purchase, as
specified in Sec. 622.45.
(v) Interfere with fishing or obstruct or damage fishing gear or the
fishing vessel of another, as specified in Sec. 622.46(a).
(w) Fail to comply with the requirements for observer coverage as
specified in Sec. 622.10.
(x) Assault, resist, oppose, impede, intimidate, or interfere with a
NMFS-approved observer aboard a vessel.
(y) Prohibit or bar by command, impediment, threat, coercion, or
refusal of reasonable assistance, an observer from conducting his or her
duties aboard a vessel.
(z) Fish for or possess golden crab in or from a designated fishing
zone of the South Atlantic EEZ other than the zone for which the vessel
is permitted, as specified in Sec. 622.17(h).
[61 FR 34934, July 3, 1996, as amended at 61 FR 43957, Aug. 27, 1996; 61
FR 48415, Sept. 13, 1996; 62 FR 67722, Dec. 30, 1997; 63 FR 38301, July
16, 1998]
Effective Date Note: At 63 FR 27488, May 19, 1998, Sec. 622.7 was
amended by adding paragraph (aa), effective May 14, 1998, through Nov.
11, 1998.
[[Page 118]]
Sec. 622.7 Prohibitions.
* * * * *
(aa) Fail to comply with the Gulf shrimp interim measures specified
in Sec. 622.9.
Sec. 622.8 At-sea observer coverage.
(a) If a vessel's trip is selected by the SRD for observer coverage,
the owner or operator of a vessel for which a commercial permit for
golden crab has been issued, as required under Sec. 622.17(a), must
carry a NMFS-approved observer.
(b) When notified in writing by the SRD that his or her vessel has
been selected to carry an NMFS-approved observer, an owner or operator
must advise the SRD in writing not less than 5 days in advance of each
trip of the following:
(1) Departure information (port, dock, date, and time).
(2) Expected landing information (port, dock, and date).
(c) An owner or operator of a vessel on which a NMFS approved
observer is embarked must:
(1) Provide accommodations and food that are equivalent to those
provided to the crew.
(2) Allow the observer access to and use of the vessel's
communications equipment and personnel upon request for the transmission
and receipt of messages related to the observer's duties.
(3) Allow the observer access to and use of the vessel's navigation
equipment and personnel upon request to determine the vessel's position.
(4) Allow the observer free and unobstructed access to the vessel's
bridge, working decks, holding bins, weight scales, holds, and any other
space used to hold, process, weigh, or store golden crab.
(5) Allow the observer to inspect and copy the vessel's log,
communications logs, and any records associated with the catch and
distribution of golden crab for that trip.
[61 FR 43957, Aug. 27, 1996]
Effective Date Note: At 63 FR 27488, May 19, 1998, Sec. 622.9 was
added, effective May 14, 1998, through Nov. 11, 1998. For the
convenience of the user, the added text follows:
Sec. 622.9 Gulf shrimp interim measures.
(a) Vessel logbooks. In addition to the requirements of
Sec. 622.5(a)(1)(iii), the owner or operator of a vessel that fishes for
shrimp in the Gulf EEZ who is selected to report by the SRD must
maintain fishing records on forms available from the SRD. The owner or
operator must submit completed fishing records to the SRD postmarked not
later than 7 days after the end of each fishing trip. If no fishing
occurred during a calendar month, the owner or operator must submit a
report so stating on one of the forms postmarked not later than 7 days
after the end of that month. Information to be reported is indicated on
the form and its accompanying instructions.
(b) Observer coverage. (1) If a vessel is selected by the SRD for
observer coverage, the owner or operator of the vessel that fishes for
shrimp in the Gulf EEZ must carry a NMFS-approved observer aboard the
vessel.
(2) When notified in writing by the SRD that his or her vessel has
been selected to carry a NMFS-approved observer, the owner or operator
must advise the SRD in writing not less than 5 days in advance of each
trip of the port, dock, date, and time of departure and the port, dock,
date, and time of landing.
(3) An owner or operator of a vessel on which a NMFS-approved
observer is embarked must:
(i) Provide accommodations and food that are equivalent to those
provided to the crew.
(ii) Allow the observer access to and use of the vessel's
communications equipment and personnel upon request for the transmission
and receipt of messages related to the observer's duties.
(iii) Allow the observer access to and use of the vessel's
navigation equipment and personnel upon request to determine the
vessel's position.
(iv) Allow the observer free and unobstructed access to the vessel's
bridge, working decks, holding bins, weight scales, holds, and any other
space used to hold, process, weigh, or store fish.
(v) Allow the observer to inspect and copy the vessel's log,
communications logs, and any records associated with
[[Page 119]]
the catch and distribution of fish for that trip.
(vi) On or after May 14, 1998, comply with the observer's
instructions to make an installed bycatch reduction device (BRD)
inoperative; use of a trawl net with an inoperative BRD in accordance
with the observer's instructions while the observer is aboard is not a
violation of Sec. 622.41(h)(1).
(c) Vessel monitoring. (1) If a vessel is selected by the SRD for
monitoring, the owner or operator of the vessel that fishes for shrimp
in the Gulf EEZ must carry a NMFS-supplied vessel monitoring system
(VMS) unit on board the vessel.
(2) Upon selection by the SRD for monitoring, the vessel owner or
operator must advise the Special Agent-in-Charge, NMFS, Office of
Enforcement, Southeast Region, St. Petersburg, FL (SAC) or his designee
by telephone (813-570-5344) as to when the vessel will next be in port
so that NMFS may arrange for installation of the VMS unit. During
installation of the VMS unit, the owner or operator must provide NMFS
access to the vessel's on-board power supply.
(3) After the VMS unit is installed, the vessel owner or operator
must maintain power to the VMS unit when the vessel is at sea. When the
vessel is in port, the owner or operator must provide access to the VMS
unit for maintenance, repair, inspection, or removal.
(4) No person may interfere with, impede, delay, or prevent the
installation, maintenance, repair, inspection, or removal of a VMS unit
or interfere with, tamper with, alter, damage, disable, or impede the
operation of a VMS unit, or attempt any of the same.
[63 FR 27488, May 19, 1998]
Subpart B--Effort Limitations
Sec. 622.15 Wreckfish individual transferable quota (ITQ) system.
The provisions of this section apply to wreckfish in or from the
South Atlantic EEZ.
(a) Percentage shares. (1) In accordance with the procedure
specified in the Fishery Management Plan for the Snapper-Grouper Fishery
of the South Atlantic Region, percentage shares of the quota for
wreckfish have been assigned. Each person has been notified by the RD of
his or her percentage share and shareholder certificate number.
(2) All or a portion of a person's percentage shares may be
transferred to another person. Transfer of shares must be reported on a
form available from the RD. The RD will confirm, in writing, each
transfer of shares. The effective date of each transfer is the
confirmation date provided by the RD. The confirmation date will
normally be not later than 3 working days after receipt of a properly
completed transfer form. A fee is charged for each transfer of shares.
The amount of the fee is calculated in accordance with the procedures of
the NOAA Finance Handbook, available from the RD, for determining the
administrative costs of each special product or service provided by NOAA
to non-Federal recipients. The fee may not exceed such costs and is
specified with each transfer form. The appropriate fee must accompany
each transfer form.
(b) Lists of wreckfish shareholders and permitted vessels. Annually,
on or about March 1, the RD will provide each wreckfish shareholder with
a list of all wreckfish shareholders and their percentage shares,
reflecting share transactions on forms received through February 15.
Annually by April 15, the RD will provide each dealer who holds a dealer
permit for wreckfish, as required under Sec. 622.4(a)(4), with a list of
vessels for which wreckfish permits have been issued, as required under
Sec. 622.4(a)(2)(vii). Annually, by April 15, the RD will provide each
wreckfish shareholder with a list of dealers who have been issued dealer
permits for wreckfish. From April 16 through January 14, updated lists
will be provided when required. Updated lists may be obtained at other
times or by a person who is not a wreckfish shareholder or wreckfish
dealer permit holder by written request to the RD.
(c) ITQs. (1) Annually, as soon after March 1 as the TAC for
wreckfish for the fishing year that commences April 16 is known, the RD
will calculate each wreckfish shareholder's ITQ. Each ITQ is the product
of the wreckfish TAC, in round weight, for the ensuing fishing
[[Page 120]]
year, the factor for converting round weight to eviscerated weight, and
each wreckfish shareholder's percentage share, reflecting share
transactions reported on forms received by the RD through February 15.
Thus, the ITQs will be in terms of eviscerated weight of wreckfish.
(2) The RD will provide each wreckfish shareholder with ITQ coupons
in various denominations, the total of which equals his or her ITQ, and
a copy of the calculations used in determining his or her ITQ. Each
coupon will be coded to indicate the initial recipient.
(3) An ITQ coupon may be transferred from one wreckfish shareholder
to another by completing the sale endorsement thereon (that is, the
signature and shareholder certificate number of the buyer). An ITQ
coupon may be possessed only by the shareholder to whom it has been
issued, or by the shareholder's employee, contractor, or agent, unless
the ITQ coupon has been transferred to another shareholder. An ITQ
coupon that has been transferred to another shareholder may be possessed
only by the shareholder whose signature appears on the coupon as the
buyer, or by the shareholder's employee, contractor, or agent, and with
all required sale endorsements properly completed.
(4) Wreckfish may not be possessed on board a fishing vessel--
(i) In an amount exceeding the total of the ITQ coupons on board the
vessel;
(ii) That does not have on board a commercial vessel permit for
wreckfish, as required under Sec. 622.4(a)(2)(vii); or
(iii) That does not have on board logbook forms for that fishing
trip, as required under Sec. 622.5(a)(1)(iv)(B).
(5) Prior to termination of a trip, a signature and date signed must
be affixed in ink to the ``Fisherman'' part of ITQ coupons in
denominations equal to the eviscerated weight of the wreckfish on board.
The ``Fisherman'' part of each such coupon must be separated from the
coupon and submitted with the logbook forms required by
Sec. 622.5(a)(1)(iv)(B) for that fishing trip.
(6) The ``Fish House'' part of each such coupon must be given to the
dealer to whom the wreckfish are transferred in amounts totaling the
eviscerated weight of the wreckfish transferred to that dealer. A
wreckfish may be transferred only to a dealer who holds a dealer permit
for wreckfish, as required under Sec. 622.4(a)(4).
(7) A dealer may receive a wreckfish only from a vessel for which a
commercial permit for wreckfish has been issued, as required under
Sec. 622.4(a)(2)(vii). A dealer must receive the ``Fish House'' part of
ITQ coupons in amounts totaling the eviscerated weight of the wreckfish
received; enter the permit number of the vessel from which the wreckfish
were received, enter the date the wreckfish were received, enter the
dealer's permit number, and sign each such ``Fish House'' part; and
submit all such parts with the dealer reports required by
Sec. 622.5(c)(5)(i).
(8) An owner or operator of a vessel and a dealer must make
available to an authorized officer all ITQ coupons in his or her
possession upon request.
(d) Wreckfish limitations. (1) A wreckfish taken in the South
Atlantic EEZ may not be transferred at sea, regardless of where the
transfer takes place; and a wreckfish may not be transferred in the
South Atlantic EEZ.
(2) A wreckfish possessed by a fisherman or dealer shoreward of the
outer boundary of the South Atlantic EEZ or in a South Atlantic coastal
state will be presumed to have been harvested from the South Atlantic
EEZ unless accompanied by documentation that it was harvested from other
than the South Atlantic EEZ.
(3) A wreckfish may be offloaded from a fishing vessel only between
8 a.m. and 5 p.m., local time.
(4) If a wreckfish is to be offloaded at a location other than a
fixed facility of a dealer who holds a dealer permit for wreckfish, as
required under Sec. 622.4(a)(4), the wreckfish shareholder or the vessel
operator must advise the NMFS, Office of Enforcement, Southeast Region,
St. Petersburg, FL, by telephone (1-800-853-1964), of the location not
less than 24 hours prior to offloading.
[[Page 121]]
Sec. 622.16 Red snapper individual transferable quota (ITQ) system.
The ITQ system established by this section will remain in effect
through March 31, 2000, during which time NMFS and the GMFMC will
evaluate the effectiveness of the system. Based on the evaluation, the
system may be modified, extended, or terminated.
(a) Percentage shares. (1) Initial percentage shares of the annual
quota of red snapper are assigned to persons in accordance with the
procedure specified in Amendment 8 to the Fishery Management Plan for
the Reef Fish Fishery of the Gulf of Mexico (FMP) and in paragraphs
(c)(1) through (c)(4) of this section. Each person is notified by the RD
of his or her initial percentage shares. If additional shares become
available to NMFS, such as by forfeiture pursuant to subpart F of 15 CFR
part 904 for rule violations, such shares will be proportionately
reissued to shareholders based on their shares as of November 1, after
the additional shares become available. If NMFS is required to issue
additional shares, such as may be required in the resolution of
disputes, existing shares will be proportionately reduced. This
reduction of shares will be based on shares as of November 1 after the
required addition of shares.
(2) All or a portion of a person's percentage shares may be
transferred to another person who is a U.S. citizen or permanent
resident alien. (See paragraph (c)(5) of this section for restrictions
on the transfer of shares in the initial months under the ITQ system.)
Transfer of shares must be reported on a form available from the RD. The
RD will confirm, in writing, the registration of each transfer. The
effective date of each transfer is the confirmation date provided by the
RD. The confirmation of registration date will normally be not later
than 3 working days after receipt of a properly completed transfer form.
However, reports of share transfers received by the RD from November 1
through December 31 will not be recorded or confirmed until after
January 1. A fee is charged for each transfer of percentage shares. The
amount of the fee is calculated in accordance with the procedures of the
NOAA Finance Handbook for determining the administrative costs of each
special product or service provided by NOAA to non-Federal recipients.
The fee may not exceed such costs and is specified with each transfer
form. The appropriate fee must accompany each transfer form.
(3) On or about January 1 each year, the RD will provide each red
snapper shareholder with a list of all red snapper shareholders and
their percentage shares, reflecting share transfers as indicated on
properly completed transfer forms received through October 31. Updated
lists may be obtained at other times, and by persons who are not red
snapper shareholders, by written request to the RD.
(b) ITQs. (1) Annually, as soon after November 15 as the following
year's red snapper quota is established, the RD will calculate each red
snapper shareholder's ITQ in terms of eviscerated weight. Each ITQ is
the product of the red snapper quota, in round weight, for the ensuing
fishing year, the factor for converting round weight to eviscerated
weight, and each red snapper shareholder's percentage share, reflecting
share transfers reported on forms received by the RD through October 31.
(2) The RD will provide each red snapper shareholder with ITQ
coupons in various denominations, the total of which equals his or her
ITQ, and a copy of the calculations used in determining his or her ITQ.
Each coupon will be coded to indicate the initial recipient.
(3) An ITQ coupon may be transferred. If the transfer is by sale,
the seller must enter the sale price on the coupon.
(4) Except when the red snapper bag limit applies, red snapper in or
from the EEZ or on board a vessel that has been issued a commercial
permit for Gulf reef fish, as required under Sec. 622.4(a)(2)(v), may
not be possessed in an amount, in eviscerated weight, exceeding the
total of ITQ coupons on board. (See Sec. 622.39(a) for applicability of
the bag limit.)
(5) Prior to termination of a trip, the operator's signature and the
date signed must be written in ink on the ``Vessel'' part of ITQ coupons
totaling at least the eviscerated weight of the red snapper on board. An
owner or operator of a vessel must separate the
[[Page 122]]
``Vessel'' part of each such coupon, enter thereon the permit number of
the dealer to whom the red snapper are transferred, and submit the
``Vessel'' parts with the logbook forms for that fishing trip. An owner
or operator of a vessel must make available to an authorized officer all
ITQ coupons in his or her possession upon request.
(6) Red snapper harvested from the EEZ or possessed by a vessel with
a commercial permit for Gulf reef fish, as required under
Sec. 622.4(a)(2)(v), may be transferred only to a dealer with a Gulf
reef fish permit, as required under Sec. 622.4(a)(4). The ``Fish House''
part of each ITQ coupon must be given to such dealer, or the agent or
employee of such dealer, in amounts totaling at least the eviscerated
weight of the red snapper transferred to that dealer.
(7) A dealer with a Gulf reef fish permit may receive red snapper
only from a vessel that has on board a commercial permit for Gulf reef
fish. A dealer, or the agent or employee of a dealer, must receive the
``Fish House'' part of ITQ coupons totaling at least the eviscerated
weight of the red snapper received. Immediately upon receipt of red
snapper, the dealer, or the agent or employee of the dealer, must enter
the permit number of the vessel received from and date and sign each
such ``Fish House'' part. The dealer must submit all such parts as
required by paragraph (d)(6) of this section. A dealer, agent, or
employee must make available to an authorized officer all ITQ coupons in
his or her possession upon request.
(c) Procedures for implementation--(1) Initial shareholders. The
following persons are initial shareholders in the red snapper ITQ
system:
(i) Either the owner or operator of a vessel with a valid permit on
August 29, 1995, provided such owner or operator had a landing of red
snapper during the period 1990 through 1992. If the earned income of an
operator was used to qualify for the permit that is valid on August 29,
1995, such operator is the initial shareholder rather than the owner. In
the case of an owner, the term ``person'' includes a corporation or
other legal entity; and
(ii) A historical captain. A historical captain means an operator
who meets all of the following qualifications:
(A) From November 6, 1989, through 1993, fished solely under verbal
or written share agreements with an owner, and such agreements provided
for the operator to be responsible for hiring the crew, who was paid
from the share under his or her control.
(B) Landed from that vessel at least 5,000 lb (2,268 kg) of red
snapper per year in 2 of the 3 years 1990, 1991, and 1992.
(C) Derived more than 50 percent of his or her earned income from
commercial fishing, that is, sale of the catch, in each of the years
1989 through 1993.
(D) Landed red snapper prior to November 7, 1989.
(2) Initial shares. (i) Initial shares are apportioned to initial
shareholders based on each shareholder's average of the top 2 years'
landings in 1990, 1991, and 1992. However, no person who is an initial
shareholder under paragraph (c)(1) of this section will receive an
initial percentage share that will amount to less than 100 lb (45.36
kg), round weight, of red snapper (90 lb (41 kg), eviscerated weight).
(ii) The percentage shares remaining after the minimum shares have
been calculated under paragraph (c)(2)(i) of this section are
apportioned based on each remaining shareholder's average of the top 2
years' landings in 1990, 1991, and 1992. In a case where a landing is
associated with an owner and a historical captain, such landing is
apportioned between the owner and historical captain in accordance with
the share agreement in effect at the time of the landing.
(iii) The determinations of landings of red snapper during the
period 1990 through 1992 and historical captain status are made in
accordance with the data collected under Amendment 9 to the FMP. Those
data identify each red snapper landing during the period 1990 through
1992. Each landing is associated with an owner and, when an operator's
earned income was used to qualify for the vessel permit at the time of
the landing, with such operator. Where appropriate, a landing is also
associated with a historical captain. However, a red snapper landings
record during that period that is associated solely with an owner may be
retained by that owner or transferred as follows:
[[Page 123]]
(A) An owner of a vessel with a valid commercial permit for Gulf
reef fish on August 29, 1995, who transferred a vessel permit to another
vessel owned by him or her will retain the red snapper landings record
for the previous vessel.
(B) An owner of a vessel with a valid commercial permit for Gulf
reef fish on August 29, 1995, will retain the landings record of a
permitted vessel if the vessel had a change of ownership to another
entity without a substantive change in control of the vessel. It will be
presumed that there was no substantive change in control of a vessel if
a successor in interest received at least a 50 percent interest in the
vessel as a result of the change of ownership whether the change of
ownership was--
(1) From a closely held corporation to its majority shareholder;
(2) From an individual who became the majority shareholder of a
closely held corporation receiving the vessel;
(3) Between closely held corporations with a common majority
shareholder; or
(4) From one to another of the following: Husband, wife, son,
daughter, brother, sister, mother, or father.
(C) In other cases of transfer of a permit through change of
ownership of a vessel, an owner of a vessel with a valid commercial
permit for Gulf reef fish on August 29, 1995, will receive credit for
the landings record of the vessel before his or her ownership only if
there is a legally binding agreement for transfer of the landings
record.
(iv) Requests for transfers of landings records must be submitted to
the RD and must be postmarked not later than December 14, 1995. The RD
may require documentation supporting such request. After considering
requests for transfers of landings records, the RD will advise each
initial shareholder or applicant of his or her tentative allocation of
shares.
(3) Notification of status. The RD will advise each owner, operator,
and historical captain for whom NMFS has a record of a red snapper
landing during the period 1990 through 1992, including those who
submitted such record under Amendment 9 to the FMP, of his or her
tentative status as an initial shareholder and the tentative landings
record that will be used to calculate his or her initial share.
(4) Appeals. (i) A special advisory panel, appointed by the GMFMC to
function as an appeals board, will consider written requests from
persons who contest their tentative status as an initial shareholder,
including historical captain status, or tentative landings record. In
addition to considering written requests, the board may allow personal
appearances by such persons before the board.
(ii) The panel is only empowered to consider disputed calculations
or determinations based on documentation submitted under Amendment 9 to
the FMP regarding landings of red snapper during the period 1990 through
1992, including transfers of such landings records, or regarding
historical captain status. In addition, the panel may consider
applications and documentation of landings not submitted under Amendment
9 if, in the board's opinion, there is justification for the late
application and documentation. The board is not empowered to consider an
application from a person who believes he or she should be eligible
because of hardship or other factors.
(iii) A written request for consideration by the board must be
submitted to the RD, postmarked not later than December 27, 1995, and
must contain documentation supporting the allegations that form the
basis for the request.
(iv) The board will meet as necessary to consider each request that
is submitted in a timely manner. Members of the appeals board will
provide their individual recommendations for each appeal to the GMFMC,
which will in turn submit its recommendation to the RD. The board and
the GMFMC will recommend whether the eligibility criteria, specified in
Amendment 8 to the FMP and paragraphs (c)(1) and (c)(2) of this section,
were correctly applied in each case, based solely on the available
record including documentation submitted by the applicant. The GMFMC
will also base its recommendation on the recommendations of the board.
The RD will decide the appeal based on the above criteria and the
available record, including documentation submitted by the applicant and
the recommendation
[[Page 124]]
of the GMFMC. The RD will notify the appellant of his decision and the
reason therefor, in writing, normally within 45 days of receiving the
GMFMC's recommendation. The RD's decision will constitute the final
administrative action by NMFS on an appeal.
(v) Upon completion of the appeal process, the RD will issue share
certificates to initial shareholders.
(5) Transfers of shares. The following restrictions apply to the
transfer of shares:
(i) The transfer of shares is prohibited through September 30, 1996.
(ii) From October 1, 1996, through September 30, 1997, shares may be
transferred only to other persons who are initial shareholders and are
U.S. citizens or permanent resident aliens.
(d) Exceptions/additions to general measures. Other provisions of
this part notwithstanding--
(1) Management of the red snapper ITQ system extends to adjoining
state waters in the manner stated in paragraphs (d)(2) and (d)(3) of
this section.
(2) For a dealer to receive red snapper harvested from state waters
adjoining the Gulf EEZ by or possessed on board a vessel with a
commercial permit for Gulf reef fish, the dealer permit for Gulf reef
fish specified in Sec. 622.4(a)(4) must have been issued to the dealer.
(3) A copy of the dealer's permit must accompany each vehicle that
is used to pick up from a fishing vessel red snapper from adjoining
state waters harvested by or possessed on board a vessel with a
commercial permit for Gulf reef fish.
(4) As a condition of a commercial vessel permit for Gulf reef fish,
without regard to where red snapper are harvested or possessed, a vessel
with such permit must comply with the red snapper ITQ requirements of
paragraph (b) of this section; may not transfer or receive red snapper
at sea; and must maintain red snapper with head and fins intact through
landing, and the exceptions to that requirement contained in
Sec. 622.38(d) do not apply to red snapper. Red snapper may be
eviscerated, gilled, and scaled but must otherwise be maintained in a
whole condition.
(5) As a condition of a dealer permit for Gulf reef fish, as
required under Sec. 622.4(a)(4) or under paragraph (d)(2) of this
section, without regard to where red snapper are harvested or possessed,
a permitted dealer must comply with the red snapper ITQ requirements of
paragraph (b) of this section.
(6) In any month that a red snapper is received, a dealer must
submit the report required under Sec. 622.5(c)(3)(ii). The ``Fish
House'' parts of red snapper individual transferable coupons, received
during the month in accordance with paragraph (b) of this section, must
be submitted to the SRD with the report.
(7) It is unlawful for a person to do any of the following:
(i) Receive red snapper from a fishing vessel without a dealer
permit for Gulf reef fish.
(ii) Fail to carry a copy of the dealer's permit, as specified in
paragraph (d)(3) of this section.
(iii) Fail to comply with a condition of a permit, as specified in
paragraph (d)(4) or (d)(5) of this section.
(iv) Fail to report red snapper received, as specified in paragraph
(d)(6) of this section.
Effective Date Note: At 61 FR 48415, Sept. 13, 1996, Sec. 622.16 was
stayed indefinitely.
Sec. 622.17 South Atlantic golden crab controlled access.
(a) Applicability. For a person aboard a vessel to fish for golden
crab in the South Atlantic EEZ, possess golden crab in or from the South
Atlantic EEZ, off-load golden crab from the South Atlantic EEZ, or sell
golden crab in or from the South Atlantic EEZ, a commercial vessel
permit for golden crab must be issued to the vessel and must be on
board. It is a rebuttable presumption that a golden crab on board or
off-loaded from a vessel in the South Atlantic was harvested from the
South Atlantic EEZ.
(b) Initial eligibility. A vessel is eligible for an initial
commercial vessel permit for golden crab if the owner meets the
documentation requirements described in paragraph (c) of this section
substantiating his or her landings of golden crab harvested from the
South Atlantic EEZ in quantities of at least 600 lb (272 kg) by April 7,
1995, or at least 2,500 lb (1,134 kg) by September 1, 1995. Only the
owner of a vessel at the time landings occurred may use those landings
to meet the eligibility
[[Page 125]]
requirements described in this paragraph, except if that owner
transferred the right to use those landings to a subsequent owner in
writing as part of the vessel's sales agreement. If evidence of such
agreement is provided to the RD, the subsequent owner may use those
landings to meet the eligibility requirements instead of the owner of
the vessel at the time the landings occurred.
(c) Documentation of eligibility. The documentation requirements
described in this paragraph are the only acceptable means for an owner
to establish a vessel's eligibility for an initial permit. Failure to
meet the documentation requirements, including submission of data as
required, will result in failure to qualify for an initial commercial
vessel permit. Acceptable sources of documentation include: Landings
documented by the trip ticket systems of Florida or South Carolina as
described in paragraph (c)(1) of this section and data substantiating
landings that occurred prior to establishment of the respective trip
ticket systems or landings that occurred in North Carolina or Georgia as
described in paragraph (c)(2) of this section.
(1) Trip ticket data. NMFS has access to records of golden crab
landings reported under the trip ticket systems in Florida and South
Carolina. No further documentation or submission of these records is
required if the applicant was the owner of the harvesting vessel at the
time of the landings documented by these records. An applicant will be
given printouts of trip ticket records for landings made when the
applicant owned the harvesting vessel, and an applicant will have an
opportunity to submit records of landings he or she believes should have
been included on such printouts or to clarify allocation of landings
shown on such printouts. Landings reported under these trip ticket
systems and received by the respective states prior to December 31,
1995, with such adjustments/clarifications for landings for which there
is adequate documentation that they should have been included on the
printouts, are conclusive as to landings in the respective states during
the period that landing reports were required or voluntarily submitted
by a vessel. For such time periods, landings data from other sources
will not be considered for landings in these states.
(2) Additional landings data. (i) An owner of a vessel that does not
meet the criteria for initial eligibility for a commercial vessel permit
based on landings documented by the trip ticket systems of Florida or
South Carolina may submit documentation of required landings that either
occurred prior to the implementation of the respective trip ticket
systems or occurred in North Carolina or Georgia. Acceptable
documentation of such landings consists of trip receipts or dealer
records that definitively show the species known as golden crab; the
vessel's name, official number, or other reference that clearly
identifies the vessel; and dates and amounts of South Atlantic golden
crab landings. In addition, a sworn affidavit may be submitted to
document landings. A sworn affidavit is a notarized written statement
wherein the individual signing the affidavit affirms under penalty of
perjury that the information presented is accurate to the best of his or
her knowledge, information, and belief.
(ii) Documentation by a combination of trip receipts and dealer
records is acceptable, but duplicate records for the same landings will
not result in additional credit.
(iii) Additional data submitted under paragraph (c)(2) of this
section must be attached to a Golden Crab Landings Data form, which is
available from the RD.
(3) Verification. Documentation of golden crab landings from the
South Atlantic EEZ and other information submitted under this section
are subject to verification by comparison with state, Federal, and other
records and information. Submission of false documentation or
information may disqualify a person from initial participation under the
South Atlantic golden crab controlled access program.
(d) Application procedure. Permit application forms are available
from the RD. An application for an initial commercial vessel permit that
is postmarked or hand-delivered after September 26, 1996, will not be
accepted.
(1) An application for a commercial vessel permit must be submitted
and
[[Page 126]]
signed by the vessel owner (in the case of a corporate-owned vessel, an
officer or shareholder who meets the requirements of paragraph (b) of
this section; in the case of a partnership-owned vessel, a general
partner who meets these requirements).
(2) An owner must provide the following:
(i) A copy of the vessel's valid U.S. Coast Guard certificate of
documentation or, if not documented, a copy of its valid state
registration certificate.
(ii) Vessel name and official number.
(iii) Name, address, telephone number, and other identifying
information of the vessel owner.
(iv) Documentation of initial eligibility, as specified in
paragraphs (b) and (c) of this section.
(v) The fishing zone in which the vessel will fish, as specified in
paragraph (h) of this section.
(vi) Any other information concerning the vessel, gear
characteristics, principal fisheries engaged in, or fishing areas, as
specified on the application form.
(vii) Any other information that may be necessary for the issuance
or administration of the permit, as specified on the application form.
(e) Issuance. (1) The RD will mail an initial commercial vessel
permit to an applicant no later than October 28, 1996, if the
application is complete and the eligibility requirements specified in
paragraph (b) of this section are met.
(2) Upon receipt of an incomplete application that is postmarked or
hand-delivered on or before September 26, 1996, the RD will notify the
applicant of the deficiency. If the applicant fails to correct the
deficiency within 30 days of the date of the RD's notification, the
application will be considered abandoned.
(3) The RD will notify an applicant, in writing, no later than
October 28, 1996, if the RD determines that the applicant fails to meet
the eligibility requirements specified in paragraph (b) of this section.
(f) Appeals. (1) An appeal of the RD's decision regarding initial
permit eligibility may be submitted to an ad hoc appeals committee
appointed by the SAFMC.
(2) The appeals committee is empowered only to deliberate whether
the eligibility criteria specified in paragraph (b) of this section were
applied correctly to the appellant's application. In making that
determination, the appeals committee members will consider only disputed
calculations and determinations based on documentation provided as
specified in paragraph (c) of this section, including transfers of
landings records. The appeals committee is not empowered to consider
whether a person should have been eligible for a commercial vessel
permit because of hardship or other factors.
(3) A written request for consideration of an appeal must be
submitted within 30 days of the date of the RD's notification denying
permit issuance and must provide written documentation supporting the
basis for the appeal. Such a request must contain the appellant's
acknowledgment that the confidentiality provisions of the Magnuson Act
at 16 U.S.C. 1853(d) and subpart E of part 600 of this chapter are
waived with respect to any information supplied by the RD to the SAFMC
and its advisory bodies for purposes of receiving the recommendations of
the appeals committee members on the appeal. An appellant may also make
a personal appearance before the appeals committee.
(4) The appeals committee will meet only once to consider appeals
submitted within the time period specified in paragraph (f)(3) of this
section. Members of the appeals committee will provide their individual
recommendations for each appeal to the RD. Members of the appeals
committee may comment upon whether the eligibility criteria, specified
in the FMP and in paragraph (b) of this section, were correctly applied
in each case, based solely on the available record, including
documentation submitted by the appellant. The RD will decide the appeal
based on the initial eligibility criteria in paragraph (b) of this
section and the available record, including documentation submitted by
the appellant and the recommendations and comments from members of the
appeals committee. The RD will notify the appellant of the decision and
the reason therefore, in
[[Page 127]]
writing, normally within 30 days of receiving the recommendation from
the appeals committee members. The RD's decision will constitute the
final administrative action by NMFS on an appeal.
(g) Display. A commercial vessel permit issued under this section
must be carried on board the vessel. The operator of a vessel must
present the permit for inspection upon the request of an authorized
officer.
(h) Fishing zones. (1) The South Atlantic EEZ is divided into three
fishing zones for golden crab. A vessel owner must indicate on the
initial application for a commercial vessel permit the zone in which the
vessel will fish. A permitted vessel may fish for golden crab only in
the zone shown on its permit. A vessel may possess golden crab only in
that zone, except that other zones may be transited if the vessel
notifies NMFS, Office of Enforcement, Southeast Region, St. Petersburg,
FL, by telephone (813-570-5344) in advance and does not fish in an
unpermitted zone. The designated fishing zones are as follows:
(i) Northern zone--the South Atlantic EEZ north of 28 deg. N. lat.
(ii) Middle zone--the South Atlantic EEZ from 25 deg. N. lat. to
28 deg. N. lat.
(iii) Southern zone--the South Atlantic EEZ south of 25 deg. N. lat.
(2) An owner of a permitted vessel may have the zone specified on a
permit changed only when the change is from the middle or southern zone
to the northern zone. A request for such change must be submitted to the
RD with the existing permit.
(i) Transfer. (1) A valid golden crab permit may be transferred for
use by another vessel by returning the existing permit(s) to the RD
along with an application for a permit for the replacement vessel.
(2) To obtain a commercial vessel permit via transfer, the owner of
the replacement vessel must submit to the RD a valid permit for a vessel
with a documented length overall, or permits for vessels with documented
aggregate lengths overall, of at least 90 percent of the documented
length overall of the replacement vessel.
(j) Renewal. (1) In addition to the procedures and requirements of
Sec. 622.4(h) for commercial vessel permit renewals, for a golden crab
permit to be renewed, the SRD must have received reports for the
permitted vessel, as required by Sec. 622.5(a)(1)(v), documenting that
at least 5,000 lb (2,268 kg) of golden crab were landed from the South
Atlantic EEZ by the permitted vessel during at least one of the two 12-
month periods immediately prior to the expiration date of the vessel
permit.
(2) An existing permit for a vessel meeting the minimum golden crab
landing requirement specified in paragraph (j)(1) of this section may be
renewed by following the procedure specified in paragraph (d) of this
section. However, documentation of the vessel's initial eligibility need
not be resubmitted.
[61 FR 43957, 43959, Aug. 27, 1996]
Sec. 622.18 South Atlantic snapper-grouper limited access.
(a) Applicability. Beginning December 14, 1998, the only valid
commercial vessel permits for South Atlantic snapper-grouper are those
that have been issued under the limited access criteria in this section.
A vessel may have either a transferable commercial permit or a trip-
limited commercial permit for South Atlantic snapper-grouper.
(b) Initial eligibility. A vessel is eligible for an initial limited
access commercial permit for South Atlantic snapper-grouper if the owner
owned a vessel with a commercial vessel permit for South Atlantic
snapper-grouper at any time from February 11, 1996, through February 11,
1997, and owned a permitted vessel that had at least one landing of
snapper-grouper from the South Atlantic from January 1, 1993, through
August 20, 1996, as reported on fishing vessel logbooks received by the
SRD on or before August 20, 1996. An owner whose permitted vessels had
landings of snapper-grouper from the South Atlantic of at least 1,000 lb
(453.6 kg), whole weight, in any one of the years 1993, 1994, or 1995,
or in 1996 through August 20, as reported on fishing vessel logbooks
received by the SRD on or before August 20, 1996, is eligible for an
initial transferable permit. All other qualifying owners are eligible
for an initial trip-limited permit.
[[Page 128]]
(c) Determinations of eligibility--(1) Permit history. The sole
basis for determining whether a vessel had a commercial vessel permit
for South Atlantic snapper-grouper at any time from February 11, 1996,
through February 11, 1997, is NMFS' permit records. An owner of a
currently permitted vessel who believes he/she meets the February 11,
1996, through February 11, 1997, permit history criterion based on
ownership of a vessel under a different name, as may have occurred when
ownership has changed from individual to corporate or vice versa, must
document his/her continuity of ownership. No more than one owner of a
currently permitted vessel will be credited with meeting the permit
history criterion based on a vessel's permit history.
(2) Landings. (i) Landings of snapper-grouper from the South
Atlantic during the qualifying period are determined from fishing vessel
logbooks received by the SRD on or before August 20, 1996. State trip
ticket data may be considered in support of claimed landings provided
such trip ticket data were received by the state on or before September
20, 1996.
(ii) Only landings when a vessel had a valid commercial permit for
snapper-grouper and only landings that were harvested, landed, and sold
in compliance with state and Federal regulations may be used to
establish eligibility.
(iii) For the purpose of eligibility for a limited access commercial
permit for snapper-grouper, the owner of a vessel that had a commercial
snapper-grouper permit during the qualifying period retains the snapper-
grouper landings record of that vessel during the time of his/her
ownership unless a sale of the vessel included a written agreement that
credit for such landings was transferred to the new owner. Such transfer
of credit must be for the vessel's entire record of landings of snapper-
grouper from the South Atlantic.
(d) Implementation procedures--(1) Notification of status. On or
about July 27, 1998, the RD will notify each owner of a vessel that had
a commercial permit for South Atlantic snapper-grouper at any time from
February 11, 1996, through February 11, 1997, and each owner of a vessel
that has a commercial permit for South Atlantic snapper-grouper on July
16, 1998, of NMFS' initial determination of eligibility for either a
transferable or a trip-limited, limited access commercial permit for
South Atlantic snapper-grouper. Each notification will include an
application for such permit. Addresses for such notifications will be
based on NMFS' permit records. A vessel owner who believes he/she
qualifies for a limited access commercial permit for South Atlantic
snapper-grouper and who does not receive such notification must obtain
an application from the RD.
(2) Applications. (i) An owner of a vessel who desires a limited
access commercial permit for South Atlantic snapper-grouper must submit
an application for such permit postmarked or hand-delivered not later
than October 14, 1998. Failure to apply in a timely manner will preclude
permit issuance even when the vessel owner meets the eligibility
criteria for such permit.
(ii) A vessel owner who agrees with NMFS' initial determination of
eligibility, including type of permit (transferable or trip-limited),
need provide no documentation of eligibility with his/her application.
(iii) A vessel owner who disagrees with the initial determination of
eligibility or type of permit must specify the type of permit applied
for and provide documentation of eligibility. Documentation and other
information submitted on or with an application are subject to
verification by comparison with state, Federal, and other records and
information. Submission of false documentation or information may
disqualify an owner from initial participation in the limited access
commercial South Atlantic snapper-grouper fishery and is a violation of
the regulations in this part.
(iv) If an application that is postmarked or hand delivered in a
timely manner is incomplete, the RD will notify the vessel owner of the
deficiency. If the owner fails to correct the deficiency within 20 days
of the date of the RD's notification, the application will be considered
abandoned.
(3) Issuance. (i) If a complete application is submitted in a timely
manner and the eligibility requirements specified in paragraph (b) of
this section are
[[Page 129]]
met, the RD will issue an initial commercial vessel permit, transferable
or trip-limited, as appropriate, and mail it to the vessel owner not
later than December 3, 1998.
(ii) If the eligibility requirements specified in paragraph (b) of
this section are not met, the RD will notify the vessel owner, in
writing, not later than November 13, 1998 of such determination and the
reasons for it.
(4) Reconsideration. (i) A vessel owner may request reconsideration
of the RD's determination regarding initial permit eligibility by
submitting a written request for reconsideration to the RD. Such request
must be postmarked or hand delivered within 20 days of the date of the
RD's notification denying initial permit issuance and must provide
written documentation supporting permit eligibility.
(ii) Upon receipt of a request for reconsideration, the RD will
forward the initial application, the RD's response to that application,
the request for reconsideration, and pertinent records to an Application
Oversight Board consisting of state directors (or their designees) from
each state in the Council's area of jurisdiction. Upon request, a vessel
owner may make a personal appearance before the Application Oversight
Board.
(iii) If reconsideration by the Application Oversight Board is
requested, such request constitutes the vessel owner's written
authorization under section 402(b)(1)(F) of the Magnuson-Stevens Act for
the RD to make available to the Application Oversight Board members such
confidential catch and other records as are pertinent to the matter
under reconsideration.
(iv) The Application Oversight Board may only deliberate whether the
eligibility criteria specified in paragraph (b) of this section were
applied correctly in the vessel owner's case, based solely on the
available record, including documentation submitted by the owner. The
Application Oversight Board may not consider whether an owner should
have been eligible for a commercial vessel permit because of hardship or
other factors. The Application Oversight Board members will provide
individual recommendations for each application for reconsideration to
the RD.
(v) The RD will make a final decision based on the eligibility
criteria specified in paragraph (b) of this section and the available
record, including documentation submitted by the vessel owner, and the
recommendations and comments from members of the Application Oversight
Board. The RD may not consider whether a vessel owner should have been
eligible for a commercial vessel permit because of hardship or other
factors. The RD will notify the owner of the decision and the reason for
it, in writing, within 15 days of receiving the recommendations from the
Application Oversight Board members. The RD's decision will constitute
the final administrative action by NMFS.
(e) Transfers of permits. A snapper-grouper limited access permit is
valid only for the vessel and owner named on the permit. To change
either the vessel or the owner, an application for transfer must be
submitted to the RD.
(1) Transferable permits. (i) An owner of a vessel with a
transferable permit may request that the RD transfer the permit to
another vessel owned by the same entity.
(ii) A transferable permit may be transferred upon a change of
ownership of a permitted vessel with such permit from one to another of
the following: Husband, wife, son, daughter, brother, sister, mother, or
father.
(iii) A transferable permit may be transferred to a vessel whose
owner had, as of August 20, 1996, a written contract for the purchase of
a vessel that included a provision transferring to the new owner the
rights to any limited access permit to which the former owner might
become entitled under the provisions for initial issue of limited access
permits. To be considered, any such written contract must be submitted
to the RD postmarked or hand-delivered on or before December 14, 1998.
(iv) Except as provided in paragraphs (e)(1)(i), (ii), and (iii) of
this section, a person desiring to acquire a limited access,
transferable permit for South Atlantic snapper-grouper must obtain and
exchange two such permits for one new permit.
[[Page 130]]
(v) A transfer of a permit that is undertaken under paragraph
(e)(1)(ii), (e)(1)(iii), or (e)(1)(iv) of this section will constitute a
transfer of the vessel's entire catch history to the new owner.
(2) Trip-limited permits. An owner of a vessel with a trip-limited
permit may request that the RD transfer the permit to another vessel
owned by the same entity provided the length and gross tonnage of the
replacement vessel are equal to or less than the length and gross
tonnage of the replaced vessel.
(f) Renewal. NMFS will not reissue a commercial vessel permit for
South Atlantic snapper-grouper if the permit is revoked or if the RD
does not receive an application for renewal within 60 days of the
permit's expiration date.
[63 FR 38301, July 16, 1998]
Subpart C--Management Measures
Sec. 622.30 Fishing years.
The fishing year for species or species groups governed in this part
is January 1 through December 31 except for the following:
(a) Allowable octocoral-- October 1 through September 30.
(b) King and Spanish mackerel. The fishing year for the king and
Spanish mackerel bag limits specified in Sec. 622.39(c)(1) is January 1
through December 31. The following fishing years apply only for the king
and Spanish mackerel quotas specified in Sec. 622.42(c):
(1) Gulf migratory group king mackerel-- July 1 through June 30.
(2) All other migratory groups of king and Spanish mackerel-- April
1 through March 31.
(c) Wreckfish-- April 16 through April 15.
Sec. 622.31 Prohibited gear and methods.
In addition to the prohibited gear/methods specified in this
section, see Secs. 622.33, 622.34, and 622.35 for seasonal/area
prohibited gear/methods and Sec. 622.41 for species specific authorized
and unauthorized gear/methods.
(a) Explosives. An explosive (except an explosive in a powerhead)
may not be used to fish in the Caribbean, Gulf, or South Atlantic EEZ. A
vessel fishing in the EEZ for a species governed in this part, or a
vessel for which a permit has been issued under Sec. 622.4 or
Sec. 622.17, may not have on board any dynamite or similar explosive
substance.
(b) Chemicals and plants. A toxic chemical may not be used or
possessed in a coral area, and a chemical, plant, or plant-derived toxin
may not be used to harvest a Caribbean coral reef resource in the
Caribbean EEZ.
(c) Fish traps. (1) A fish trap may not be used in the South
Atlantic EEZ.
(2) A fish trap may not be used or possessed in the Gulf EEZ west of
85 deg.30' W. long. and, after February 7, 2007, may not be used or
possessed in the Gulf EEZ.
(3) A fish trap used other than where authorized in paragraph (c)
(1) or (2) of this section may be disposed of in any appropriate manner
by the Assistant Administrator or an authorized officer.
(d) Longlines for wreckfish. A bottom longline may not be used to
fish for wreckfish in the South Atlantic EEZ. A person aboard a vessel
that has a longline on board may not retain a wreckfish in or from the
South Atlantic EEZ. For the purposes of this paragraph, a vessel is
considered to have a longline on board when a power-operated longline
hauler, a cable of diameter suitable for use in the longline fishery
longer than 1.5 mi (2.4 km) on any reel, and gangions are on board.
Removal of any one of these three elements constitutes removal of a
longline.
(e) Poisons. (1) A poison, drug, or other chemical may not be used
to fish for Caribbean reef fish in the Caribbean EEZ.
(2) A poison may not be used to take Gulf reef fish in the Gulf EEZ.
(3) A poison may not be used to fish for South Atlantic snapper-
grouper in the South Atlantic EEZ.
(f) Power-assisted tools. A power-assisted tool may not be used in
the Caribbean EEZ to take a Caribbean coral reef resource or in the Gulf
or South Atlantic EEZ to take allowable octocoral, prohibited coral, or
live rock.
(g) Powerheads. A powerhead may not be used in the Caribbean EEZ to
harvest Caribbean reef fish or in the EEZ
[[Page 131]]
off South Carolina to harvest South Atlantic snapper-grouper. The
possession of a mutilated Caribbean reef fish in or from the Caribbean
EEZ, or a mutilated South Atlantic snapper-grouper in or from the EEZ
off South Carolina, and a powerhead is prima facie evidence that such
fish was harvested by a powerhead.
(h) Rebreathers and spearfishing gear. In the South Atlantic EEZ, a
person using a rebreather may not harvest South Atlantic snapper-grouper
with spearfishing gear. The possession of such snapper-grouper while in
the water with a rebreather is prima facie evidence that such fish was
harvested with spearfishing gear while using a rebreather.
(i) Sea bass pots. A sea bass pot may not be used in the South
Atlantic EEZ south of 28 deg.35.1' N. lat. (due east of the NASA Vehicle
Assembly Building, Cape Canaveral, FL). A sea bass pot deployed in the
EEZ south of 28 deg.35.1' N. lat. may be disposed of in any appropriate
manner by the Assistant Administrator or an authorized officer.
(j) Spears and hooks. A spear, hook, or similar device may not be
used in the Caribbean EEZ to harvest a Caribbean spiny lobster. The
possession of a speared, pierced, or punctured Caribbean spiny lobster
in or from the Caribbean EEZ is prima facie evidence of violation of
this section.
[61 FR 34934, July 3, 1996, as amended at 62 FR 13987, Mar. 25, 1997; 63
FR 10567, Mar. 4, 1998]
Sec. 622.32 Prohibited and limited-harvest species.
(a) General. The harvest and possession restrictions of this section
apply without regard to whether the species is harvested by a vessel
operating under a commercial vessel permit. The operator of a vessel
that fishes in the EEZ is responsible for the limit applicable to that
vessel.
(b) Prohibited species. Prohibited species, by geographical area,
are as follows:
(1) Caribbean. (i) Caribbean prohibited coral may not be fished for
or possessed in or from the Caribbean EEZ. The taking of Caribbean
prohibited coral in the Caribbean EEZ is not considered unlawful
possession provided it is returned immediately to the sea in the general
area of fishing.
(ii) Foureye, banded, and longsnout butterflyfish; jewfish; Nassau
grouper; and seahorses may not be harvested or possessed in or from the
Caribbean EEZ. Such fish caught in the Caribbean EEZ must be released
immediately with a minimum of harm.
(iii) Egg-bearing spiny lobster in the Caribbean EEZ must be
returned to the water unharmed. An egg-bearing spiny lobster may be
retained in a trap, provided the trap is returned immediately to the
water. An egg-bearing spiny lobster may not be stripped, scraped,
shaved, clipped, or in any other manner molested, in order to remove the
eggs.
(2) Gulf. (i) Gulf and South Atlantic prohibited coral taken as
incidental catch in the Gulf EEZ must be returned immediately to the sea
in the general area of fishing. In fisheries where the entire catch is
landed unsorted, such as the scallop and groundfish fisheries, unsorted
prohibited coral may be landed ashore; however, no person may sell or
purchase such prohibited coral.
(ii) Jewfish may not be harvested or possessed in or from the Gulf
EEZ.
(iii) Red drum and Nassau grouper may not be harvested or possessed
in or from the Gulf EEZ. Such fish caught in the Gulf EEZ must be
released immediately with a minimum of harm.
(3) Mid-Atlantic. Red drum may not be harvested or possessed in or
from the Mid-Atlantic EEZ south of a line extending in a direction of
115 deg. from true north commencing at a point at 40 deg.29.6' N. lat.,
73 deg.54.1' W. long., such point being the intersection of the New
Jersey/New York boundary with the 3- nm line denoting the seaward limit
of state waters. Red drum caught in such portion of the Mid-Atlantic EEZ
must be released immediately with a minimum of harm.
(4) South Atlantic. (i) Gulf and South Atlantic prohibited coral
taken as incidental catch in the South Atlantic EEZ must be returned
immediately to the sea in the general area of fishing. In fisheries
where the entire catch is landed unsorted, such as the scallop and
[[Page 132]]
groundfish fisheries, unsorted prohibited coral may be landed ashore;
however, no person may sell or purchase such prohibited coral.
(ii) Jewfish and Nassau grouper may not be harvested or possessed in
or from the South Atlantic EEZ. Jewfish and Nassau grouper taken in the
South Atlantic EEZ incidentally by hook-and-line must be released
immediately by cutting the line without removing the fish from the
water.
(iii) Red drum may not be harvested or possessed in or from the
South Atlantic EEZ. Red drum caught in the South Atlantic EEZ must be
released immediately with a minimum of harm.
(iv) Wild live rock may not be harvested or possessed in the South
Atlantic EEZ.
(v) It is intended that no female golden crabs in or from the South
Atlantic EEZ be retained on board a vessel and that any female golden
crab in or from the South Atlantic EEZ be released in a manner that will
ensure maximum probability of survival. However, to accommodate
legitimate incidental catch and retention, the number of female golden
crabs in or from the South Atlantic EEZ retained on board a vessel may
not exceed 0.5 percent, by number, of all golden crabs on board. See
Sec. 622.45(f)(1) regarding the prohibition of sale of female golden
crabs.
(vi) South Atlantic snapper-grouper may not be possessed in whole,
gutted, or filleted form by a person aboard a vessel fishing for or
possessing golden crab in or from the South Atlantic EEZ or possessing a
golden crab trap in the South Atlantic. Only the head, fins, and
backbone (collectively the ``rack'') of South Atlantic snapper-grouper
may be possessed for use as bait.
(c) Limited-harvest species. A person who fishes in the EEZ may not
combine a harvest limitation specified in this paragraph (c) with a
harvest limitation applicable to state waters. A species subject to a
harvest limitation specified in this paragraph (c) taken in the EEZ may
not be transferred at sea, regardless of where such transfer takes
place, and such species may not be transferred in the EEZ.
(1) Cobia. No person may possess more than two cobia per day in or
from the Gulf, Mid-Atlantic, or South Atlantic EEZ, regardless of the
number of trips or duration of a trip.
(2) Cubera snapper. No person may harvest more than two cubera
snapper measuring 30 inches (76.2 cm), TL, or larger, per day in the
South Atlantic EEZ off Florida and no more than two such cubera snapper
in or from the South Atlantic EEZ off Florida may be possessed on board
a vessel at any time.
(3) Speckled hind and warsaw grouper. The possession of speckled
hind and warsaw grouper in or from the South Atlantic EEZ is limited to
one of each per vessel per trip.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 62
FR 13988, Mar. 25, 1997; 63 FR 10567, Mar. 4, 1998]
Sec. 622.33 Caribbean EEZ seasonal and/or area closures.
(a) Mutton snapper spawning aggregation area. From March 1 through
June 30, each year, fishing is prohibited in that part of the following
area that is in the EEZ. The area is bounded by rhumb lines connecting,
in order, the points listed:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A............................... 17 deg.37.8' 64 deg.53.0'
B............................... 17 deg.39.0' 64 deg.53.0'
C............................... 17 deg.39.0' 64 deg.50.5'
D............................... 17 deg.38.1' 64 deg.50.5'
E............................... 17 deg.37.8' 64 deg.52.5'
A............................... 17 deg.37.8' 64 deg.53.0'
------------------------------------------------------------------------
(b) Red hind spawning aggregation areas. From December 1 through
February 28, each year, fishing is prohibited in those parts of the
following areas that are in the EEZ. Each area is bounded by rhumb lines
connecting, in order, the points listed:
(1) East of St. Croix.
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 17 deg.50.2' 64 deg.27.9'
B........................................... 17 deg.50.1' 64 deg.26.1'
C........................................... 17 deg.49.2' 64 deg.25.8'
D........................................... 17 deg.48.6' 64 deg.25.8'
E........................................... 17 deg.48.1' 64 deg.26.1'
F........................................... 17 deg.47.5' 64 deg.26.9'
A........................................... 17 deg.50.2' 64 deg.27.9'
------------------------------------------------------------------------
(2) South of St. Thomas.
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 18 deg.13.2' 65 deg.06.0'
B........................................... 18 deg.13.2' 64 deg.59.0'
C........................................... 18 deg.11.8' 64 deg.59.0'
[[Page 133]]
D........................................... 18 deg.10.7' 65 deg.06.0'
A........................................... 18 deg.13.2' 65 deg.06.0'
------------------------------------------------------------------------
(3) West of Puerto Rico--(i) Bajo de Cico.
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A............................... 18 deg.15.7' 67 deg.26.4'
B............................... 18 deg.15.7' 67 deg.23.2'
C............................... 18 deg.12.7' 67 deg.23.4'
D............................... 18 deg.12.7' 67 deg.26.4'
A............................... 18 deg.15.7' 67 deg.26.4'
------------------------------------------------------------------------
(ii) Tourmaline Bank.
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A............................... 18 deg.11.2' 67 deg.22.4'
B............................... 18 deg.11.2' 67 deg.19.2'
C............................... 18 deg.08.2' 67 deg.19.2'
D............................... 18 deg.08.2' 67 deg.22.4'
A............................... 18 deg.11.2' 67 deg.22.4'
------------------------------------------------------------------------
(iii) Abrir La Sierra Bank.
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A............................... 18 deg.06.5' 67 deg.26.9'
B............................... 18 deg.06.5' 67 deg.23.9'
C............................... 18 deg.03.5' 67 deg.23.9'
D............................... 18 deg.03.5' 67 deg.26.9'
A............................... 18 deg.06.5' 67 deg.26.9'
------------------------------------------------------------------------
(c) Queen conch closure. From July 1 through September 30, each
year, no person may fish for queen conch in the Caribbean EEZ and no
person may possess on board a fishing vessel a queen conch in or from
the Caribbean EEZ.
[61 FR 34934, July 3, 1996, as amended at 61 FR 64486, Dec. 5, 1996; 61
FR 65483, Dec. 13, 1996]
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
(a) Alabama SMZ. The Alabama SMZ consists of artificial reefs and
surrounding areas. In the Alabama SMZ, fishing by a vessel that is
operating as a charter vessel or headboat, a vessel that does not have a
commercial permit for Gulf reef fish, as required under
Sec. 622.4(a)(2), or a vessel with such a permit fishing for Gulf reef
fish is limited to hook-and-line gear with three or fewer hooks per line
and spearfishing gear. A person aboard a vessel that uses on any trip
gear other than hook-and-line gear with three or fewer hooks per line
and spearfishing gear in the Alabama SMZ is limited on that trip to the
bag limits for Gulf reef fish specified in Sec. 622.39(b) and, for Gulf
reef fish for which no bag limit is specified in Sec. 622.39(b), the
vessel is limited to 5 percent, by weight, of all fish on board or
landed. The Alabama SMZ is bounded by rhumb lines connecting, in order,
the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 30 deg.02.5' 88 deg.07.7'
B........................................... 30 deg.02.6' 87 deg.59.3'
C........................................... 29 deg.55.0' 87 deg.55.5'
D........................................... 29 deg.54.5' 88 deg.07.5'
A........................................... 30 deg.02.5' 88 deg.07.7'
------------------------------------------------------------------------
(b) Florida middle grounds HAPC. Fishing with a bottom longline,
bottom trawl, dredge, pot, or trap is prohibited year round in the area
bounded by rhumb lines connecting, in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 28 deg.42.5' 84 deg.24.8'
B........................................... 28 deg.42.5' 84 deg.16.3'
C........................................... 28 deg.11.0' 84 deg.00.0'
D........................................... 28 deg.11.0' 84 deg.07.0'
E........................................... 28 deg.26.6' 84 deg.24.8'
A........................................... 28 deg.42.5' 84 deg.24.8'
------------------------------------------------------------------------
(c) Reef fish longline and buoy gear restricted area. A person
aboard a vessel that uses, on any trip, longline or buoy gear in the
longline and buoy gear restricted area is limited on that trip to the
bag limits for Gulf reef fish specified in Sec. 622.39(b)(1) and, for
Gulf reef fish for which no bag limit is specified in Sec. 622.39(b)(1),
the vessel is limited to 5 percent, by weight, of all fish on board or
landed. The longline and buoy gear restricted area is that part of the
Gulf EEZ shoreward of rhumb lines connecting, in order, the points
listed in Table 1, in Appendix B of this part.
(d) Riley's Hump seasonal closure. From May 1 through June 30, each
year, fishing is prohibited in the following area bounded by rhumb lines
connecting, in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 24 deg.32.2' 83 deg.08.7'
B........................................... 24 deg.32.2' 83 deg.05.2'
C........................................... 24 deg.28.7' 83 deg.05.2'
D........................................... 24 deg.28.7' 83 deg.08.7'
A........................................... 24 deg.32.2' 83 deg.08.7'
------------------------------------------------------------------------
(e) Shrimp/stone crab separation zones. Five zones are established
in the Gulf EEZ and Florida's waters off Citrus
[[Page 134]]
and Hernando Counties for the separation of shrimp trawling and stone
crab trapping. Although Zone II is entirely within Florida's waters, it
is included in this paragraph (e) for the convenience of fishermen.
Restrictions that apply to Zone II and those parts of the other zones
that are in Florida's waters are contained in Rule 46-38.001, Florida
Administrative Code. Geographical coordinates of the points referred to
in this paragraph (e) are as follows:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 28 deg.59'30 82 deg.45'36
" "
B........................................... 28 deg.59'30 83 deg.00'10
" "
C........................................... 28 deg.26'01 82 deg.59'47
" "
D........................................... 28 deg.26'01 82 deg.56'54
" "
E........................................... 28 deg.41'39 82 deg.55'25
" "
F........................................... 28 deg.41'39 82 deg.56'09
" "
G........................................... 28 deg.48'56 82 deg.56'19
" "
H........................................... 28 deg.53'51 82 deg.51'19
" "
I \1\....................................... 28 deg.54'43 82 deg.44'52
" "
J \2\....................................... 28 deg.51'09 82 deg.44'00
" "
K........................................... 28 deg.50'59 82 deg.54'16
" "
L........................................... 28 deg.41'39 82 deg.53'56
" "
M \3\....................................... 28 deg.41'39 82 deg.38'46
" "
N........................................... 28 deg.41'39 82 deg.53'12
" "
O........................................... 28 deg.30'51 82 deg.55'11
" "
P........................................... 28 deg.40'00 82 deg.53'08
" "
Q........................................... 28 deg.40'00 82 deg.47'58
" "
R........................................... 28 deg.35'14 82 deg.47'47
" "
S........................................... 28 deg.30'51 82 deg.52'55
" "
T........................................... 28 deg.27'46 82 deg.55'09
" "
U........................................... 28 deg.30'51 82 deg.52'09
" "
------------------------------------------------------------------------
\1\ Crystal River Entrance Light 1A.
\2\ Long Pt. (southwest tip).
\3\ Shoreline.
(1) Zone I is enclosed by rhumb lines connecting, in order, points
A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points A
and J. It is unlawful to trawl in that part of Zone I that is in the EEZ
from October 5 through May 20, each year.
(2) Zone II is enclosed by rhumb lines connecting, in order, points
J, I, H, K, L, and M, plus the shoreline between points J and M.
(3) Zone III is enclosed by rhumb lines connecting, in order, points
P, Q, R, U, S, and P. It is unlawful to trawl in that part of Zone III
that is in the EEZ from October 5 through May 20, each year.
(4) Zone IV is enclosed by rhumb lines connecting, in order, points
E, N, S, O, and E.
(i) It is unlawful to place a stone crab trap in that part of Zone
IV that is in the EEZ from October 5 through December 1 and from April 2
through May 20, each year.
(ii) It is unlawful to trawl in that part of Zone IV that is in the
EEZ from December 2 through April 1, each year.
(5) Zone V is enclosed by rhumb lines connecting, in order, points
F, G, K, L, and F.
(i) It is unlawful to place a stone crab trap in that part of Zone V
that is in the EEZ from October 5 through November 30 and from March 16
through May 20, each year.
(ii) It is unlawful to trawl in that part of Zone V that is in the
EEZ from December 1 through March 15, each year.
(f) Southwest Florida seasonal trawl closure. From January 1 to 1
hour after sunset on May 20, each year, trawling, including trawling for
live bait, is prohibited in that part of the Gulf EEZ shoreward of rhumb
lines connecting, in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
B \1\....................................... 26 deg.16.0' 81 deg.58.5'
C........................................... 26 deg.00.0' 82 deg.04.0'
D........................................... 25 deg.09.0' 81 deg.47.6'
E........................................... 24 deg.54.5' 81 deg.50.5'
M \1\....................................... 24 deg.49.3' 81 deg.46.4'
------------------------------------------------------------------------
\1\ On the seaward limit of Florida's waters.
(g) Reef fish stressed area. The stressed area is that part of the
Gulf EEZ shoreward of rhumb lines connecting, in order, the points
listed in Table 2, in Appendix B of this part.
(1) A powerhead may not be used in the stressed area to take Gulf
reef fish. Possession of a powerhead and a mutilated Gulf reef fish in
the stressed area or after having fished in the stressed area
constitutes prima facie evidence that such reef fish was taken with a
powerhead in the stressed area. The provisions of this paragraph do not
apply to the following species: dwarf sand perch, hogfish, queen
triggerfish, and sand perch.
(2) A roller trawl may not be used in the stressed area. Roller
trawl means a trawl net equipped with a series of large, solid rollers
separated by several smaller spacer rollers on a separate cable or line
(sweep) connected to the footrope, which makes it possible to fish the
gear over rough bottom, that is, in areas unsuitable for fishing
conventional shrimp trawls. Rigid framed trawls adapted for shrimping
over uneven bottom, in wide use along the
[[Page 135]]
west coast of Florida, and shrimp trawls with hollow plastic rollers for
fishing on soft bottoms, are not considered roller trawls.
(3) A fish trap may not be used in the stressed area. A fish trap
used in the stressed area will be considered unclaimed or abandoned
property and may be disposed of in any appropriate manner by the
Assistant Administrator (including an authorized officer).
(h) Texas closure. (1) From 30 minutes after sunset on May 15 to 30
minutes after sunset on July 15, trawling, except trawling for royal red
shrimp beyond the 100-fathom (183-m) depth contour, is prohibited in the
Gulf EEZ off Texas.
(2) In accordance with the procedures and restrictions of the
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico,
the RD may adjust the closing and/or opening date of the Texas closure
to provide an earlier, later, shorter, or longer closure, but the
duration of the closure may not exceed 90 days or be less than 45 days.
Notification of the adjustment of the closing or opening date will be
published in the Federal Register.
(i) Tortugas shrimp sanctuary. (1) The Tortugas shrimp sanctuary is
closed to trawling. The Tortugas shrimp sanctuary is that part of the
EEZ off Florida shoreward of rhumb lines connecting, in order, the
following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
N \1\....................................... 25 deg.52.9' 81 deg.37.9'
F........................................... 24 deg.50.7' 81 deg.51.3'
G \2\....................................... 24 deg.40.1' 82 deg.26.7'
H \3\....................................... 24 deg.34.7' 82 deg.35.2'
P \4\....................................... 24 deg.35.0' 82 deg.08.0'
------------------------------------------------------------------------
\1\ Coon Key Light.
\2\ New Ground Rocks Light.
\3\ Rebecca Shoal Light.
\4\ Marquessas Keys.
(2) The provisions of paragraph (i)(1) of this section
notwithstanding--
(i) Effective from April 11 through September 30, each year, that
part of the Tortugas shrimp sanctuary seaward of rhumb lines connecting
the following points is open to trawling: From point T at 24 deg.47.8'
N. lat., 82 deg.01.0' W. long. to point U at 24 deg.43.83' N. lat.,
82 deg.01.0' W. long. (on the line denoting the seaward limit of
Florida's waters); thence along the seaward limit of Florida's waters,
as shown on the current edition of NOAA chart 11439, to point V at
24 deg.42.55' N. lat., 82 deg.15.0' W. long.; thence north to point W at
24 deg.43.6' N. lat., 82 deg.15.0' W. long.
(ii) Effective from April 11 through July 31, each year, that part
of the Tortugas shrimp sanctuary seaward of rhumb lines connecting the
following points is open to trawling: From point W to point V, both
points as specified in paragraph (i)(2)(i) of this section, to point G,
as specified in paragraph (i)(1) of this section.
(iii) Effective from May 26 through July 31, each year, that part of
the Tortugas shrimp sanctuary seaward of rhumb lines connecting the
following points is open to trawling: From point F, as specified in
paragraph (i)(1) of this section, to point Q at 24 deg.46.7' N. lat.,
81 deg.52.2' W. long. (on the line denoting the seaward limit of
Florida's waters); thence along the seaward limit of Florida's waters,
as shown on the current edition of NOAA chart 11439, to point U and
north to point T, both points as specified in paragraph (i)(2)(i) of
this section.
(j) West and East Flower Garden Banks HAPC. Fishing with a bottom
longline, bottom trawl, dredge, pot, or trap is prohibited year-round in
the HAPC. The West and East Flower Garden Banks are geographically
centered at 27 deg.52'14.21" N. lat., 93 deg.48'54.79" W. long. and
27 deg.55'07.44" N. lat., 93 deg.36'08.49" W. long., respectively. The
HAPC extends from these centers to the 50-fathom (300-ft) (91.4-m)
isobath.
(k) Wild live rock area closures. No person may harvest or possess
wild live rock in the Gulf EEZ--
(1) North and west of a line extending in a direction of 235 deg.
from true north from a point at the mouth of the Suwannee River at
29 deg.17.25' N. lat., 83 deg.09.9' W. long. (the Levy/Dixie County, FL,
boundary); or
(2) South of 25 deg.20.4' N. lat. (due west from the Monroe/Collier
County, FL, boundary).
(l) Closures of the commercial fishery for red snapper. The
commercial fishery for red snapper in or from the Gulf EEZ is closed
from January 1 to noon on February 1 and thereafter from noon on the
15th of each month to noon on the first of each succeeding month. All
[[Page 136]]
times are local times. During these closed periods, the possession of
red snapper in or from the Gulf EEZ and in the Gulf on board a vessel
for which a commercial permit for Gulf reef fish has been issued, as
required under Sec. 622.4(a)(2)(v), without regard to where such red
snapper were harvested, is limited to the bag and possession limits, as
specified in Sec. 622.39(b)(1)(iii) and (b)(2), respectively, and such
red snapper are subject to the prohibition on sale or purchase of red
snapper possessed under the bag limit, as specified in
Sec. 622.45(c)(1). However, when the recreational quota for red snapper
has been reached and the bag and possession limit has been reduced to
zero, such possession during a closed period is zero.
[61 FR 34934, July 3, 1996, as amended at 61 FR 48642, Sept. 16, 1996;
62 FR 46679, Sept. 4, 1997; 62 FR 47767, Sept. 11, 1997; 62 FR 67722,
Dec. 30, 1997]
Effective Date Note: At 63 FR 18146, Apr. 14, 1998, in Sec. 622.34,
paragraph (l) was suspended and paragraph (m) was added, effective Apr.
29, 1998, through Oct. 13, 1998. For the convenience of the user, the
added text follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(m) Closures of the commercial fishery for red snapper. The
commercial fishery for red snapper in or from the Gulf EEZ is closed
from January 1 to noon on February 1 and thereafter from noon on the
15th of each month to noon on the first of each succeeding month. All
times are local times. During these closed periods, the possession of
red snapper in or from the Gulf EEZ and in the Gulf on board a vessel
for which a commercial permit for Gulf reef fish has been issued, as
required under Sec. 622.4(a)(2)(v), without regard to where such red
snapper were harvested, is limited to the bag and possession limits, as
specified in Sec. 622.39(b)(1)(vi) and (b)(2), respectively, and such
red snapper are subject to the prohibition on sale or purchase of red
snapper possessed under the bag limit, as specified in
Sec. 622.45(c)(1). However, when the recreational quota for red snapper
has been reached and the bag and possession limit has been reduced to
zero, such possession during a closed period is zero.
Sec. 622.35 South Atlantic EEZ seasonal and/or area closures.
(a) Allowable octocoral closed area. No person may harvest or
possess allowable octocoral in the South Atlantic EEZ north of
28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly Building,
Cape Canaveral, FL).
(b) Longline closed areas. A longline may not be used to fish in the
EEZ for South Atlantic snapper-grouper south of 27 deg.10' N. lat. (due
east of the entrance to St. Lucie Inlet, FL); or north of 27 deg.10' N.
lat. where the charted depth is less than 50 fathoms (91.4 m), as shown
on the latest edition of the largest scale NOAA chart of the location. A
person aboard a vessel with a longline on board that fishes on a trip in
the South Atlantic EEZ south of 27 deg.10' N. lat., or north of
27 deg.10' N. lat. where the charted depth is less than 50 fathoms (91.4
m), is limited on that trip to the bag limit for South Atlantic snapper-
grouper for which a bag limit is specified in Sec. 622.39(d)(1), and to
zero for all other South Atlantic snapper-grouper. For the purpose of
this paragraph, a vessel is considered to have a longline on board when
a power-operated longline hauler, a cable or monofilament of diameter
and length suitable for use in the longline fishery, and gangions are on
board. Removal of any one of these three elements constitutes removal of
a longline.
(c) Oculina Bank HAPC. The Oculina Bank HAPC is bounded on the north
by 27 deg.53' N. lat., on the south by 27 deg.30' N. lat., on the east
by 79 deg.56' W. long., and on the west by 80 deg.00' W. long. In the
Oculina Bank HAPC:
(1) Fishing with a bottom longline, bottom trawl, dredge, pot, or
trap is prohibited.
(2) A fishing vessel may not anchor, use an anchor and chain, or use
a grapple and chain.
(3) No fishing for South Atlantic snapper-grouper is allowed, and
South Atlantic snapper-grouper may not be retained, in or from the HAPC.
South Atlantic snapper-grouper taken incidentally in the HAPC by hook-
and-line gear must be released immediately by
[[Page 137]]
cutting the line without removing the fish from the water.
(d) South Atlantic shrimp cold weather closure. (1) Pursuant to the
procedures and criteria established in the FMP for the Shrimp Fishery of
the South Atlantic Region, when Florida, Georgia, North Carolina, or
South Carolina closes all or a portion of its waters of the South
Atlantic to the harvest of brown, pink, and white shrimp, the Assistant
Administrator may concurrently close the South Atlantic EEZ adjacent to
the closed state waters by filing a notification of closure with the
Office of the Federal Register. Closure of the adjacent EEZ will be
effective until the ending date of the closure in state waters, but may
be ended earlier based on the state's request. In the latter case, the
Assistant Administrator will terminate a closure of the EEZ by filing a
notification to that effect with the Office of the Federal Register.
(2) During a closure, as specified in paragraph (d)(1) of this
section--
(i) No person may trawl for brown shrimp, pink shrimp, or white
shrimp in the closed portion of the EEZ (closed area); and no person may
possess on board a fishing vessel brown shrimp, pink shrimp, or white
shrimp in or from a closed area, except as authorized in paragraph
(d)(2)(iii) of this section.
(ii) No person aboard a vessel trawling in that part of a closed
area that is within 25 nm of the baseline from which the territorial sea
is measured may use or have on board a trawl net with a mesh size less
than 4 inches (10.2 cm), as measured between the centers of opposite
knots when pulled taut.
(iii) Brown shrimp, pink shrimp, or white shrimp may be possessed on
board a fishing vessel in a closed area, provided the vessel is in
transit and all trawl nets with a mesh size less than 4 inches (10.2
cm), as measured between the centers of opposite knots when pulled taut,
are stowed below deck while transiting the closed area. For the purpose
of this paragraph, a vessel is in transit when it is on a direct and
continuous course through a closed area.
(e) SMZs. (1) The SMZs consist of artificial reefs and surrounding
areas as follows:
(i) Paradise Reef is bounded on the north by 33 deg.31.59' N. lat.;
on the south by 33 deg.30.51' N. lat.; on the east by 78 deg.57.55' W.
long.; and on the west by 78 deg.58.85' W. long.
(ii) Ten Mile Reef is bounded on the north by 33 deg.26.65' N. lat.;
on the south by 33 deg.24.80' N. lat.; on the east by 78 deg.51.08' W.
long.; and on the west by 78 deg.52.97' W. long.
(iii) Pawleys Island Reef is bounded on the north by 33 deg.26.58'
N. lat.; on the south by 33 deg.25.76' N. lat.; on the east by
79 deg.00.29' W. long.; and on the west by 79 deg.01.24' W. long.
(iv) Georgetown Reef is bounded on the north by 33 deg.14.90' N.
lat.; on the south by 33 deg.13.85' N. lat.; on the east by
78 deg.59.45' W. long.; and on the west by 79 deg.00.65' W. long.
(v) Capers Reef is bounded on the north by 32 deg.45.45' N. lat.; on
the south by 32 deg.43.91' N. lat.; on the east by 79 deg.33.81' W.
long.; and on the west by 79 deg.35.10' W. long.
(vi) Kiawah Reef is bounded on the north by 32 deg.29.78' N. lat.;
on the south by 32 deg.28.25' N. lat.; on the east by 79 deg.59.00' W.
long.; and on the west by 80 deg.00.95' W. long.
(vii) Edisto Offshore Reef is bounded on the north by 32 deg.15.30'
N. lat.; on the south by 32 deg.13.90' N. lat.; on the east by
79 deg.50.25' W. long.; and on the west by 79 deg.51.45' W. long.
(viii) Hunting Island Reef is bounded on the north by 32 deg.13.72'
N. lat.; on the south by 32 deg.12.30' N. lat.; on the east by
80 deg.19.23' W. long.; and on the west by 80 deg.21.00' W. long.
(ix) Fripp Island Reef is bounded on the north by 32 deg.15.92' N.
lat.; on the south by 32 deg.14.75' N. lat.; on the east by
80 deg.21.62' W. long.; and on the west by 80 deg.22.90' W. long.
(x) Betsy Ross Reef is bounded on the north by 32 deg.03.60' N.
lat.; on the south by 32 deg.02.88' N. lat.; on the east by
80 deg.24.57' W. long.; and on the west by 80 deg.25.50' W. long.
(xi) Hilton Head Reef/Artificial Reef--T is bounded on the north by
32 deg.00.71' N. lat.; on the south by 31 deg.59.42' N. lat.; on the
east by 80 deg.35.23' W. long.; and on the west by 80 deg.36.37' W.
long.
(xii) Artificial Reef--A is bounded on the north by 30 deg.56.4' N.
lat.; on the south by 30 deg.55.2' N. lat.; on the east by
[[Page 138]]
81 deg.15.4' W. long.; and on the west by 81 deg.16.5' W. long.
(xiii) Artificial Reef--C is bounded on the north by 30 deg.51.4' N.
lat.; on the south by 30 deg.50.1' N. lat.; on the east by 81 deg.09.1'
W. long.; and on the west by 81 deg.10.4' W. long.
(xiv) Artificial Reef--G is bounded on the north by 30 deg.59.1' N.
lat.; on the south by 30 deg.57.8' N. lat.; on the east by 80 deg.57.7'
W. long.; and on the west by 80 deg.59.2' W. long.
(xv) Artificial Reef--F is bounded on the north by 31 deg.06.6' N.
lat.; on the south by 31 deg.05.6' N. lat.; on the east by 81 deg.11.4'
W. long.; and on the west by 81 deg.13.3' W. long.
(xvi) Artificial Reef--J is bounded on the north by 31 deg.36.7' N.
lat.; on the south by 31 deg.35.7' N. lat.; on the east by 80 deg.47.0'
W. long.; and on the west by 80 deg.48.1' W. long.
(xvii) Artificial Reef--L is bounded on the north by 31 deg.46.2' N.
lat.; on the south by 31 deg.45.1' N. lat.; on the east by 80 deg.35.8'
W. long.; and on the west by 80 deg.37.1' W. long.
(xviii) Artificial Reef--KC is bounded on the north by 31 deg.51.2'
N. lat.; on the south by 31 deg.50.3' N. lat.; on the east by
80 deg.46.0' W. long.; and on the west by 80 deg.47.2' W. long.
(xix) Ft. Pierce Inshore Reef is bounded on the north by
27 deg.26.8' N. lat.; on the south by 27 deg.25.8' N. lat.; on the east
by 80 deg.09.24' W. long.; and on the west by 80 deg.10.36' W. long.
(xx) Ft. Pierce Offshore Reef is bounded by rhumb lines connecting,
in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 27 deg.23.68 80 deg.03.95
' '
B........................................... 27 deg.22.80 80 deg.03.60
' '
C........................................... 27 deg.23.94 80 deg.00.02
' '
D........................................... 27 deg.24.85 80 deg.00.33
' '
A........................................... 27 deg.23.68 80 deg.03.95
' '
------------------------------------------------------------------------
(xxi) Key Biscayne/Artificial Reef--H is bounded on the north by
25 deg.42.82' N. lat.; on the south by 25 deg.41.32' N. lat.; on the
east by 80 deg.04.22' W. long.; and on the west by 80 deg.05.53' W.
long.
(xxii) Little River Offshore Reef is bounded on the north by
33 deg.42.10' N. lat.; on the south by 33 deg.41.10' N. lat.; on the
east by 78 deg.26.40' W. long.; and on the west by 78 deg.27.10' W.
long.
(xxiii) BP-25 Reef is bounded on the north by 33 deg.21.70' N. lat.;
on the south by 33 deg.20.70' N. lat.; on the east by 78 deg.24.80' W.
long.; and on the west by 78 deg.25.60' W. long.
(xxiv) Vermilion Reef is bounded on the north by 32 deg.57.80' N.
lat.; on the south by 32 deg.57.30' N. lat.; on the east by
78 deg.39.30' W. long.; and on the west by 78 deg.40.10' W. long.
(xxv) Cape Romaine Reef is bounded on the north by 33 deg.00.00' N.
lat.; on the south by 32 deg.59.50' N. lat.; on the east by
79 deg.02.01' W. long.; and on the west by 79 deg.02.62' W. long.
(xxvi) Y-73 Reef is bounded on the north by 32 deg.33.20' N. lat.;
on the south by 32 deg.32.70' N. lat.; on the east by 79 deg.19.10' W.
long.; and on the west by 79 deg.19.70' W. long.
(xxvii) Eagles Nest Reef is bounded on the north by 32 deg.01.48' N.
lat.; on the south by 32 deg.00.98' N. lat.; on the east by
80 deg.30.00' W. long.; and on the west by 80 deg.30.65' W. long.
(xxviii) Bill Perry Jr. Reef is bounded on the north by
33 deg.26.20' N. lat.; on the south by 33 deg.25.20' N. lat.; on the
east by 78 deg.32.70' W. long.; and on the west by 78 deg.33.80' W.
long.
(xxix) Comanche Reef is bounded on the north by 32 deg.27.40' N.
lat.; on the south by 32 deg.26.90' N. lat.; on the east by
79 deg.18.80' W. long.; and on the west by 79 deg.19.60' W. long.
(2) The use of a sea bass pot or a bottom longline is prohibited in
each of the SMZs. The following additional restrictions apply in the
indicated SMZs:
(i) In SMZs specified in paragraphs (e)(1) (i) through (xviii) and
(e)(1) (xxii) through (xxix) of this section, the use of a gillnet or a
trawl is prohibited, and fishing may be conducted only with handline,
rod and reel, and spearfishing gear.
(ii) In SMZs specified in paragraphs (e)(1) (xix) and (xx) of this
section, a hydraulic or electric reel that is permanently affixed to the
vessel is prohibited when fishing for South Atlantic snapper-grouper.
(iii) In the SMZs specified in paragraphs (e)(1) (xix) and (xxi) of
this section, the use of spearfishing gear is prohibited.
(iv) In the SMZs specified in paragraphs (e)(1)(i) through (x) and
(e)(1) (xxii) through (xxix) of this section, a powerhead may not be
used to take
[[Page 139]]
South Atlantic snapper-grouper. Possession of a powerhead and a
mutilated South Atlantic snapper-grouper in one of the specified SMZs,
or after having fished in one of the SMZs, constitutes prima facie
evidence that such fish was taken with a powerhead in the SMZ.
(f) Golden crab trap closed areas. In the golden crab northern zone,
a golden crab trap may not be deployed in waters less than 900 ft (274
m) deep. In the golden crab middle and southern zones, a golden crab
trap may not be deployed in waters less than 700 ft (213 m) deep. See
Sec. 622.17(h) for specification of the golden crab zones.
(g) Rock shrimp closed area. No person may trawl for rock shrimp in
the area east of 80 deg.00' W. long. between 27 deg.30' N. lat. and
28 deg.30' N. lat. shoreward of the 100-fathom (183-m) contour, as shown
on the latest edition of NOAA chart 11460; and no person may possess
rock shrimp in or from this area on board a fishing vessel.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 61
FR 47449, Sept. 9, 1996; 63 FR 10567, Mar. 4, 1998]
Sec. 622.36 Seasonal harvest limitations.
(a) During March, April, and May, each year, the possession of
greater amberjack in or from the Gulf EEZ and in the Gulf on board a
vessel for which a commercial permit for Gulf reef fish has been issued,
as required under Sec. 622.4(a)(2)(v), without regard to where such
greater amberjack were harvested, is limited to the bag and possession
limits, as specified in Sec. 622.39(b)(1)(i) and (b)(2), respectively,
and such greater amberjack are subject to the prohibition on sale or
purchase of greater amberjack possessed under the bag limit, as
specified in Sec. 622.45(c)(1).
(b) The following limitations apply in the South Atlantic EEZ:
(1) Greater amberjack spawning season. During April, each year,
south of 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly
Building, Cape Canaveral, FL), the possession of greater amberjack in or
from the EEZ on board a vessel that has a commercial permit for South
Atlantic snapper-grouper is limited to three per person during a single
day, regardless of the number of trips or the duration of a trip.
(2) Mutton snapper spawning season. During May and June, each year,
the possession of mutton snapper in or from the EEZ on board a vessel
that has a commercial permit for South Atlantic snapper-grouper is
limited to 10 per person during a single day, regardless of the number
of trips or the duration of a trip.
(3) Wreckfish spawning-season closure. From January 15 through April
15, each year, no person may harvest or possess on a fishing vessel
wreckfish in or from the EEZ; offload wreckfish from the EEZ; or sell or
purchase wreckfish in or from the EEZ. The prohibition on sale or
purchase of wreckfish does not apply to trade in wreckfish that were
harvested, offloaded, and sold or purchased prior to January 15 and were
held in cold storage by a dealer or processor.
[61 FR 34934, July 3, 1996, as amended at 62 FR 67723, Dec. 30, 1997]
Sec. 622.37 Minimum sizes.
Except for undersized king and Spanish mackerel allowed in
paragraphs (c)(2) and (3) of this section, a fish smaller than its
minimum size, as specified in this section, in or from the Caribbean,
Gulf, South Atlantic, and/or Mid-Atlantic EEZ, as appropriate, may not
be possessed, sold, or purchased. An undersized fish must be released
immediately with a minimum of harm. The operator of a vessel that fishes
in the EEZ is responsible for ensuring that fish on board are no smaller
than the minimum size limits specified in this section.
(a) Caribbean reef fish: Yellowtail snapper--12 inches (30.5 cm),
TL.
(b) Caribbean spiny lobster--3.5 inches (8.9 cm), carapace length.
(c) Coastal migratory pelagic fish. (1) Cobia in the Gulf, Mid-
Atlantic, or South Atlantic--33 inches (83.8 cm), fork length.
(2) King mackerel in the Gulf, South Atlantic, or Mid-Atlantic--20
inches (30.5 cm), fork length, except that a vessel fishing under a
quota for king mackerel specified in Sec. 622.42(c)(1) may possess
undersized king mackerel in quantities not exceeding 5 percent, by
weight, of the king mackerel on board.
(3) Spanish mackerel in the Gulf, South Atlantic, or Mid-Atlantic--
12
[[Page 140]]
inches (30.5 cm), fork length, except that a vessel fishing under a
quota for Spanish mackerel specified in Sec. 622.42(c)(2) may possess
undersized Spanish mackerel in quantities not exceeding 5 percent, by
weight, of the Spanish mackerel on board.
(d) Gulf reef fish. (1) Black sea bass and lane and vermillion
snapper--8 inches (20.3 cm), TL.
(2) Gray, mutton, and yellowtail snappers--12 inches (30.5 cm), TL.
(3) Red snapper--15 inches (38.1 cm), TL.
(4) Black, red, and yellowfin groupers and gag--20 inches, (50.8
cm), TL.
(5) Greater amberjack--28 inches (71.1 cm), fork length, for a fish
taken by a person subject to the bag limit specified in
Sec. 622.39(b)(1)(i) and 36 inches (91.4 cm), fork length, for a fish
taken by a person not subject to the bag limit.
(e) South Atlantic snapper-grouper. (1) Black sea bass and lane
snapper--8 inches (20.3 cm), TL.
(2) Vermilion snapper--10 inches (25.4 cm), TL, for a fish taken by
a person subject to the bag limit specified in Sec. 622.39(d)(1)(v) and
12 inches (30.5 cm), TL, for a fish taken by a person not subject to the
bag limit.
(3) Blackfin, cubera, dog, gray, mahogany, queen, silk, and
yellowtail snappers; schoolmaster; and red porgy--12 inches (30.5 cm),
TL.
(4) Gray triggerfish in the South Atlantic EEZ off Florida--12
inches (30.5 cm), TL.
(5) Hogfish--12 inches (30.5 cm), fork length.
(6) Mutton snapper--16 inches (40.6 cm), TL.
(7) Black, red, yellowfin, and yellowmouth grouper; scamp; gag; and
red snapper--20 inches (50.8 cm), TL.
(8) Greater amberjack--28 inches (71.1 cm), fork length, for a fish
taken by a person subject to the bag limit specified in
Sec. 622.39(d)(1)(i) and 36 inches (91.4 cm), fork length, or, if the
head is removed, 28 inches (71.1 cm), measured from the center edge at
the deheaded end to the fork of the tail, for a fish taken by a person
not subject to the bag limit. (See Figure 2 in Appendix C of this part
for deheaded fish length measurement.)
(f) Gulf shrimp. White shrimp harvested in the EEZ are subject to
the minimum-size landing and possession limits of Louisiana when
possessed within the jurisdiction of that State.
(g) Caribbean queen conch--9 inches (22.9 cm) in length, that is,
from the tip of the spire to the distal end of the shell, and \3/8\ inch
(9.5 mm) in lip width at its widest point. A queen conch with a length
of at least 9 inches (22.9 cm) or a lip width of at least \3/8\ inch
(9.5 mm) is not undersized.
[61 FR 34934, July 3, 1996, as amended at 61 FR 65483, Dec. 13, 1996; 62
FR 13988, Mar. 25, 1997; 63 FR 444, Jan. 6, 1998; 63 FR 10567, Mar. 4,
1998]
Effective Date Note: At 62 FR 47766, Sept. 11, 1997, Sec. 622.37 was
amended by revising paragraph (d)(1) and adding paragraph (d)(6),
effective Sept. 14, 1997 through Mar. 10, 1998. At 63 FR 67715, Dec. 30,
1997, this amendment was continued indefinitely. For the convenience of
the user, the revised text is set forth as follows:
Sec. 622.37 Minimum sizes.
* * * * *
(d) Gulf reef fish. (1) Black sea bass and lane snapper--8 inches
(20.3 cm), TL.
* * * * *
(6) Vermillion snapper--10 inches (25.4 cm), TL.
* * * * *
Sec. 622.38 Landing fish intact.
The operator of a vessel that fishes in the EEZ is responsible for
ensuring that fish on that vessel in the EEZ are maintained intact and,
if taken from the EEZ, are maintained intact through offloading ashore,
as specified in this section.
(a) The following must be maintained with head and fins intact:
Cobia, king mackerel, and Spanish mackerel in or from the Gulf, Mid-
Atlantic, or South Atlantic EEZ, except as specified for king mackerel
in paragraph (h) of this section; South Atlantic snapper-grouper in or
from the South Atlantic EEZ, except as specified in paragraphs (e) and
(i) of this section; yellowtail snapper in or from the Caribbean EEZ;
and finfish in or from the Gulf EEZ, except as specified in paragraphs
(c) and (d) of
[[Page 141]]
this section. Such fish may be eviscerated, gilled, and scaled, but must
otherwise be maintained in a whole condition.
(b) A Caribbean spiny lobster in or from the Caribbean EEZ must be
maintained with head and carapace intact.
(c) Shark, swordfish, and tuna species are exempt from the
requirements of paragraph (a) of this section.
(d) In the Gulf EEZ:
(1) Bait is exempt from the requirement to be maintained with head
and fins intact.
(i) For the purpose of this paragraph (d)(1), bait means--
(A) Packaged, headless fish fillets that have the skin attached and
are frozen or refrigerated;
(B) Headless fish fillets that have the skin attached and are held
in brine; or
(C) Small pieces no larger than 3 in\3\ (7.6 cm\3\) or strips no
larger than 3 inches by 9 inches (7.6 cm by 22.9 cm) that have the skin
attached and are frozen, refrigerated, or held in brine.
(ii) Paragraph (d)(1)(i) of this section notwithstanding, a finfish
or part thereof possessed in or landed from the Gulf EEZ that is
subsequently sold or purchased as a finfish species, rather than as
bait, is not bait.
(2) Legal-sized finfish possessed for consumption at sea on the
harvesting vessel are exempt from the requirement to have head and fins
intact, provided--
(i) Such finfish do not exceed any applicable bag limit;
(ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per
person aboard; and
(iii) The vessel is equipped to cook such finfish on board.
(e) In the South Atlantic EEZ, a greater amberjack on or offloaded
ashore from a vessel that has a permit specified in Sec. 622.4(a)(2)(vi)
may be deheaded and eviscerated, but must otherwise be maintained in a
whole condition through offloading ashore.
(f) A golden crab in or from the South Atlantic EEZ must be
maintained in whole condition through landing ashore. For the purposes
of this paragraph, whole means a crab that is in its natural condition
and that has not been gutted or separated into component pieces, e.g.,
clusters.
(g) A Caribbean conch resource in or from the Caribbean EEZ must be
maintained with meat and shell intact.
(h) A maximum of five cut-off (damaged) king mackerel may be
possessed in the Gulf, Mid-Atlantic, or South Atlantic EEZ on, and
offloaded ashore from, a vessel that is operating under a trip limit for
king mackerel specified in Sec. 622.44(a). Such cut-off (damaged) king
mackerel are not counted against the trip limit and may not be sold or
purchased.
(i) In the South Atlantic EEZ, snapper-grouper lawfully harvested in
Bahamian waters are exempt from the requirement that they be maintained
with head and fins intact, provided valid Bahamian fishing and cruising
permits are on board the vessel and the vessel is in transit through the
South Atlantic EEZ. For the purpose of this paragraph (i), a vessel is
in transit through the South Atlantic EEZ when it is on a direct and
continuous course through the South Atlantic EEZ and no one aboard the
vessel fishes in the EEZ.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 61
FR 65483, Dec. 13, 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 38303, July
16, 1998]
Sec. 622.39 Bag and possession limits.
(a) Applicability. (1) The bag and possession limits apply for
species/species groups listed in this section in or from the EEZ. Bag
limits apply to a person on a daily basis, regardless of the number of
trips in a day. Possession limits apply to a person on a trip after the
first 24 hours of that trip. The bag and possession limits apply to a
person who fishes in the EEZ in any manner, except a person aboard a
vessel in the EEZ that has on board the commercial vessel permit
required under Sec. 622.4(a)(2) for the appropriate species/species
group. However, see Sec. 622.32 for limitations on taking prohibited and
limited-harvest species. The limitations in Sec. 622.32 apply without
regard to whether the species is harvested by a vessel operating under a
commercial vessel permit or by a person subject to the bag limits. The
possession of a commercial vessel permit notwithstanding, the bag and
possession limits apply when the vessel is operating as a
[[Page 142]]
charter vessel or headboat. A person who fishes in the EEZ may not
combine a bag limit specified in this section with a bag or possession
limit applicable to state waters. A species/species group subject to a
bag limit specified in this section taken in the EEZ by a person subject
to the bag limits may not be transferred at sea, regardless of where
such transfer takes place, and such fish may not be transferred in the
EEZ.
(2) Paragraph (a)(1) of this section notwithstanding, bag and
possession limits also apply for Gulf reef fish in or from the EEZ to a
person aboard a vessel that has on board a commercial permit for Gulf
reef fish--
(i) When trawl gear or entangling net gear is on board. A vessel is
considered to have trawl gear on board when trawl doors and a net are on
board. Removal from the vessel of all trawl doors or all nets
constitutes removal of trawl gear.
(ii) When a longline or buoy gear is on board and the vessel is
fishing or has fished on a trip in the reef fish longline and buoy gear
restricted area specified in Sec. 622.34(c). A vessel is considered to
have a longline on board when a power-operated longline hauler, a cable
of diameter and length suitable for use in the longline fishery, and
gangions are on board. Removal of any one of these three elements, in
its entirety, constitutes removal of a longline.
(iii) For a species/species group when its quota has been reached
and closure has been effected.
(iv) When the vessel has on board or is tending any trap other than
a fish trap authorized under Sec. 622.40(a)(2), a stone crab trap, or a
spiny lobster trap.
(3) Paragraph (a)(1) of this section notwithstanding, the bag and
other limits specified in Sec. 622.35(b) apply for South Atlantic
snapper-grouper in or from the EEZ to a person aboard a vessel for which
a commercial permit for South Atlantic snapper-grouper has been issued
that has on board a longline in the longline closed area.
(b) Gulf reef fish--(1) Bag limits. (i) Greater amberjack--1.
(ii) Groupers, combined, excluding jewfish and Nassau grouper--5.
(iii) Red snapper--5.
(iv) Snappers, combined, excluding red, lane, and vermilion
snapper--10.
(v) Gulf reef fish, combined, excluding those specified in
paragraphs (b)(1) (i) through (iv) of this section and excluding dwarf
sand perch and sand perch--20.
(2) Possession limits. A person who is on a trip that spans more
than 24 hours may possess no more than two daily bag limits, provided
such trip is on a vessel that is operating as a charter vessel or
headboat, the vessel has two licensed operators aboard, and each
passenger is issued and has in possession a receipt issued on behalf of
the vessel that verifies the length of the trip.
(c) King and Spanish mackerel--(1) Bag limits. (i) Atlantic
migratory group king mackerel--
(A) Mid-Atlantic and South Atlantic, other than off Florida--3.
(B) Off Florida--2, which is the daily bag limit specified by
Florida for its waters (Rule 46-12.004(1), Florida Administrative Code).
If Florida changes its limit, the bag limit specified in this paragraph
(c)(1)(i)(B) will be changed to conform to Florida's limit, provided
such limit does not exceed 5.
(ii) Gulf migratory group king mackerel--2.
(iii) Atlantic migratory group Spanish mackerel--10.
(iv) Gulf migratory group Spanish mackerel--
(A) Off Louisiana, Mississippi, and Alabama--10.
(B) Off Florida--10, which is the daily bag limit specified by
Florida for its waters (Rule 46-23.005(1), Florida Administrative Code).
If Florida changes its limit, the bag limit specified in this paragraph
(c)(1)(iv)(B) will be changed to conform to Florida's limit, provided
such limit does not exceed 10.
(C) Off Texas--7, which is the daily bag limit specified by Texas
for its waters (Rule 31-65.72(c)(4)(A), Texas Administrative Code). If
Texas changes its limit, the bag limit specified in this paragraph
(c)(1)(iv)(C) will be changed to conform to Texas' limit, provided such
limit does not exceed 10.
(2) Possession limits. A person who is on a trip that spans more
than 24 hours may possess no more than two daily bag limits, provided
such trip is on a
[[Page 143]]
vessel that is operating as a charter vessel or headboat, the vessel has
two licensed operators aboard, and each passenger is issued and has in
possession a receipt issued on behalf of the vessel that verifies the
length of the trip.
(d) South Atlantic snapper-grouper--(1) Bag limits. (i) Greater
amberjack--3.
(ii) Groupers, combined, excluding jewfish and Nassau grouper, and
tilefishes--5.
(iii) Hogfish in the South Atlantic off Florida--5.
(iv) Snappers, combined, excluding cubera snapper measuring 30
inches (76.2 cm), TL, or larger, in the South Atlantic off Florida, and
excluding vermilion snapper--10, of which no more than 2 may be red
snapper. (See Sec. 622.32(c)(2) for limitations on cubera snapper
measuring 30 inches (76.2 cm), TL, or larger, in or from the South
Atlantic EEZ off Florida.)
(v) Vermilion snapper--10.
(2) Possession limits. Provided each passenger is issued and has in
possession a receipt issued on behalf of the vessel that verifies the
duration of the trip--
(i) A person aboard a charter vessel or headboat on a trip that
spans more than 24 hours may possess no more than two daily bag limits.
(ii) A person aboard a headboat on a trip that spans more than 48
hours and who can document that fishing was conducted on at least 3 days
may possess no more than three daily bag limits.
(3) Longline bag limits. Other provisions of this paragraph (d)
notwithstanding, a person on a trip aboard a vessel for which the bag
limits apply that has a longline on board is limited on that trip to the
bag limit for South Atlantic snapper-grouper for which a bag limit is
specified in paragraph (d)(1) of this section, and to zero for all other
South Atlantic snapper-grouper. For the purpose of this paragraph
(d)(3), a vessel is considered to have a longline on board when a power-
operated longline hauler, a cable or monofilament of diameter and length
suitable for use in the longline fishery, and gangions are on board.
Removal of any one of these three elements constitutes removal of a
longline.
(e) Caribbean queen conch--(1) Applicability. Paragraph (a)(1) of
this section notwithstanding, the bag limit of paragraph (e)(2) of this
section does not apply to a fisherman who has a valid commercial fishing
license issued by Puerto Rico or the U.S. Virgin Islands. See
Sec. 622.44 for the commercial daily trip limit.
(2) Bag limit. The bag limit for queen conch in or from the
Caribbean EEZ is 3 per person or, if more than 4 persons are aboard, 12
per boat.
[61 FR 34934, July 3, 1996, as amended at 61 FR 65483, Dec. 13, 1996; 61
FR 65985, Dec. 16, 1996; 62 FR 23674, May 1, 1997; 62 FR 67723, Dec. 30,
1997; 63 FR 8356, Feb. 19, 1998; 63 FR 38303, July 16, 1998]
Effective Date Note: At 63 FR 18147, Apr. 14, 1998, in Sec. 622.39,
paragraph (b)(1)(iii) was suspended and paragraph (b)(1)(vi) was added,
effective Apr. 29, 1998, through Oct. 13, 1998.
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(vi) Redsnapper--4.
Sec. 622.40 Limitations on traps and pots.
(a) Tending--(1) Caribbean EEZ. A fish trap or Caribbean spiny
lobster trap in the Caribbean EEZ may be pulled or tended only by a
person (other than an authorized officer) aboard the fish trap or spiny
lobster trap owner's vessel, or aboard another vessel if such vessel has
on board written consent of the trap owner, or if the trap owner is
aboard and has documentation verifying his identification number and
color code. An owner's written consent must specify the time period such
consent is effective and the trap owner's gear identification number and
color code.
(2) Gulf EEZ. A fish trap in the Gulf EEZ may be pulled or tended
only by a person (other than an authorized officer) aboard the vessel
with the fish trap endorsement to fish such trap. If such vessel has a
breakdown that prevents it from retrieving its traps, the owner or
operator must immediately notify the nearest NMFS Office of Enforcement
and must obtain authorization for another vessel to retrieve and land
its traps. The request for such authorization must include the requested
[[Page 144]]
effective period for the retrieval and landing, the persons and vessel
to be authorized to retrieve the traps, and the point of landing of the
traps. Such authorization will be specific as to the effective period,
authorized persons and vessel, and point of landing. Such authorization
is valid solely for the removal of fish traps from the EEZ and for
harvest of fish incidental to such removal.
(3) South Atlantic EEZ. A sea bass pot or golden crab trap in the
South Atlantic EEZ may be pulled or tended only by a person (other than
an authorized officer) aboard the vessel permitted to fish such pot or
trap or aboard another vessel if such vessel has on board written
consent of the owner or operator of the vessel so permitted. For golden
crab only, a vessel with written consent on board must also possess a
valid commercial vessel permit for golden crab.
(b) Escape mechanisms--(1) Caribbean EEZ. (i) A fish trap used or
possessed in the Caribbean EEZ must have a panel located on each of two
sides of the trap, excluding the top, bottom, and side containing the
trap entrance. The opening covered by a panel must measure not less than
8 by 8 inches (20.3 by 20.3 cm). The mesh size of a panel may not be
smaller than the mesh size of the trap. A panel must be attached to the
trap with untreated jute twine with a diameter not exceeding \1/8\ inch
(3.2 mm). An access door may serve as one of the panels, provided it is
on an appropriate side, it is hinged only at its bottom, its only other
fastening is untreated jute twine with a diameter not exceeding \1/8\
inch (3.2 mm), and such fastening is at the top of the door so that the
door will fall open when such twine degrades. Jute twine used to secure
a panel may not be wrapped or overlapped.
(ii) A spiny lobster trap used or possessed in the Caribbean EEZ
must contain on any vertical side or on the top a panel no smaller in
diameter than the throat or entrance of the trap. The panel must be made
of or attached to the trap by one of the following degradable materials:
(A) Untreated fiber of biological origin with a diameter not
exceeding \1/8\ inch (3.2 mm). This includes, but is not limited to tyre
palm, hemp, jute, cotton, wool, or silk.
(B) Ungalvanized or uncoated iron wire with a diameter not exceeding
\1/16\ inch (1.6 mm), that is, 16 gauge wire.
(2) Gulf EEZ. A fish trap used or possessed in the Gulf EEZ must
have at least two escape windows on each of two sides, excluding the
bottom (a total of four escape windows), that are 2 by 2 inches (5.1 by
5.1 cm) or larger. In addition, a fish trap must have a panel or access
door located opposite each side of the trap that has a funnel. The
opening covered by each panel or access door must be 144 in2
(929 cm2) or larger, with one dimension of the area equal to
or larger than the largest interior axis of the trap's throat (funnel)
with no other dimension less than 6 inches (15.2 cm). The hinges and
fasteners of each panel or access door must be constructed of one of the
following degradable materials:
(i) Untreated jute string with a diameter not exceeding \3/16\ inch
(4.8 mm) that is not wrapped or overlapped.
(ii) Magnesium alloy, time float releases (pop-up devices) or
similar magnesium alloy fasteners.
(3) South Atlantic EEZ. (i) A sea bass pot that is used or possessed
in the South Atlantic EEZ between 35 deg.15.3' N. lat. (due east of Cape
Hatteras Light, NC) and 28 deg.35.1' N. lat. (due east of the NASA
Vehicle Assembly Building, Cape Canaveral, FL) is required to have on at
least one side, excluding top and bottom, a panel or door with an
opening equal to or larger than the interior end of the trap's throat
(funnel). The hinges and fasteners of each panel or door must be made of
one of the following degradable materials:
(A) Untreated hemp, jute, or cotton string with a diameter not
exceeding \3/16\ inch (4.8 mm).
(B) Magnesium alloy, timed float releases (pop-up devices) or
similar magnesium alloy fasteners.
(C) Ungalvanized or uncoated iron wire with a diameter not exceeding
\1/16\ inch (1.6 mm), that is, 16 gauge wire.
(ii) A golden crab trap that is used or possessed in the South
Atlantic EEZ must have at least one escape gap or escape ring on each of
two opposite vertical sides. The minimum allowable inside dimensions of
an escape gap are
[[Page 145]]
2.75 by 3.75 inches (7.0 by 9.5 cm); the minimum allowable inside
diameter of an escape ring is 4.5 inches (11.4 cm). In addition to the
escape gaps--
(A) A golden crab trap constructed of webbing must have an opening
(slit) at least 1 ft (30.5 cm) long that may be closed (relaced) only
with untreated cotton string no larger than \3/16\ inch (0.48 cm) in
diameter.
(B) A golden crab trap constructed of material other than webbing
must have an escape panel or door measuring at least 12 by 12 inches
(30.5 by 30.5 cm), located on at least one side, excluding top and
bottom. The hinges or fasteners of such door or panel must be made of
either ungalvanized or uncoated iron wire no larger than 19 gauge (0.04
inch (1.0 mm) in diameter) or untreated cotton string no larger than \3/
16\ inch (4.8 mm) in diameter.
(c) Construction requirements and mesh sizes--(1) Caribbean EEZ. A
bare-wire fish trap used or possessed in the EEZ that has hexagonal mesh
openings must have a minimum mesh size of 1.5 inches (3.8 cm) in the
smallest dimension measured between centers of opposite strands. A bare-
wire fish trap used or possessed in the EEZ that has other than
hexagonal mesh openings or a fish trap of other than bare wire, such as
coated wire or plastic, used or possessed in the EEZ, must have a
minimum mesh size of 2.0 inches (5.1 cm) in the smallest dimension
measured between centers of opposite strands.
(2) Gulf EEZ. A fish trap used or possessed in the Gulf EEZ must
meet all of the following mesh size requirements (based on centerline
measurements between opposite wires or netting strands):
(i) A minimum of 2 in2 (12.9 cm2) opening for
each mesh.
(ii) One-inch (2.5-cm) minimum length for the shortest side.
(iii) Minimum distance of 1 inch (2.5 cm) between parallel sides of
rectangular openings, and 1.5 inches (3.8 cm) between parallel sides of
square openings and of mesh openings with more than four sides.
(iv) One and nine-tenths inches (4.8 cm) minimum distance for
diagonal measures of mesh.
(3) South Atlantic EEZ. (i) A sea bass pot used or possessed in the
South Atlantic EEZ must have mesh sizes as follows (based on centerline
measurements between opposite, parallel wires or netting strands):
(A) Hexagonal mesh (chicken wire)--at least 1.5 inches (3.8 cm)
between the wrapped sides;
(B) Square mesh--at least 1.5 inches (3.8 cm) between sides; or
(C) Rectangular mesh--at least 1 inch (2.5 cm) between the longer
sides and 2 inches (5.1 cm) between the shorter sides.
(ii) A golden crab trap deployed or possessed in the South Atlantic
EEZ may not exceed 64 ft3 (1.8 m3) in volume in
the northern zone or 48 ft3 (1.4 m3) in volume in
the middle and southern zones. See Sec. 622.17(h) for specification of
the golden crab zones.
(d) Area-specific restrictions--(1) Gulf EEZ. In the Gulf EEZ, a
fish trap may be pulled or tended only from official sunrise to official
sunset. The operator of a vessel from which a fish trap is deployed in
the Gulf EEZ must retrieve all the vessel's fish traps and return them
to port on each trip. A fish trap that is not returned to port on a
trip, and its attached line and buoy, may be disposed of in any
appropriate manner by the Assistant Administrator or an authorized
officer. The owner of such trap and/or the operator of the responsible
vessel is subject to appropriate civil penalties. A buoy that floats on
the surface must be attached to each fish trap, or to each end trap of
traps that are connected by a line, used in the Gulf EEZ. The maximum
allowable size for a fish trap fished in the Gulf EEZ shoreward of the
50-fathom (91.4-m) isobath is 33 ft3 (0.9 m3) in
volume. Fish trap volume is determined by measuring the external
dimensions of the trap, and includes both the enclosed holding capacity
of the trap and the volume of the funnel(s) within those dimensions.
There is no size limitation for fish traps fished seaward of the 50-
fathom (91.4-m) isobath. The maximum number of traps that may be
assigned to, possessed, or fished in the Gulf EEZ by a vessel is 100.
(2) South Atlantic EEZ. (i) In the South Atlantic EEZ, sea bass pots
may not be used or possessed in multiple configurations, that is, two or
more
[[Page 146]]
pots may not be attached one to another so that their overall dimensions
exceed those allowed for an individual sea bass pot. This does not
preclude connecting individual pots to a line, such as a ``trawl'' or
trot line.
(ii) Rope is the only material allowed to be used for a mainline or
buoy line attached to a golden crab trap, except that wire cable is
allowed for these purposes through January 31, 1998.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 62
FR 13988, Mar. 25, 1997; 63 FR 10568, Mar. 4, 1998; 63 FR 38303, July
16, 1998]
Sec. 622.41 Species specific limitations.
(a) Aquacultured live rock. In the Gulf or South Atlantic EEZ:
(1) Aquacultured live rock may be harvested only under a permit, as
required under Sec. 622.4(a)(3)(iii), and aquacultured live rock on a
site may be harvested only by the person, or his or her employee,
contractor, or agent, who has been issued the aquacultured live rock
permit for the site. A person harvesting aquacultured live rock is
exempt from the prohibition on taking prohibited coral for such
prohibited coral as attaches to aquacultured live rock.
(2) The following restrictions apply to individual aquaculture
activities:
(i) No aquaculture site may exceed 1 acre (0.4 ha) in size.
(ii) Material deposited on the aquaculture site--
(A) May not be placed over naturally occurring reef outcrops,
limestone ledges, coral reefs, or vegetated areas.
(B) Must be free of contaminants.
(C) Must be nontoxic.
(D) Must be placed on the site by hand or lowered completely to the
bottom under restraint, that is, not allowed to fall freely.
(E) Must be placed from a vessel that is anchored.
(F) In the Gulf EEZ, must be distinguishable, geologically or
otherwise (for example, be indelibly marked or tagged), from the
naturally occurring substrate.
(G) In the South Atlantic EEZ, must be geologically distinguishable
from the naturally occurring substrate and, in addition, may be
indelibly marked or tagged.
(iii) A minimum setback of at least 50 ft (15.2 m) must be
maintained from natural vegetated or hard bottom habitats.
(3) Mechanically dredging or drilling, or otherwise disturbing,
aquacultured live rock is prohibited, and aquacultured live rock may be
harvested only by hand. In addition, the following activities are
prohibited in the South Atlantic: Chipping of aquacultured live rock in
the EEZ, possession of chipped aquacultured live rock in or from the
EEZ, removal of allowable octocoral or prohibited coral from
aquacultured live rock in or from the EEZ, and possession of prohibited
coral not attached to aquacultured live rock or allowable octocoral,
while aquacultured live rock is in possession. See the definition of
``Allowable octocoral'' for clarification of the distinction between
allowable octocoral and live rock. For the purposes of this paragraph
(a)(3), chipping means breaking up reefs, ledges, or rocks into
fragments, usually by means of a chisel and hammer.
(4) Not less than 24 hours prior to harvest of aquacultured live
rock, the owner or operator of the harvesting vessel must provide the
following information to the NMFS Law Enforcement Office, Southeast
Area, St. Petersburg, FL, telephone (813) 570-5344:
(i) Permit number of site to be harvested and date of harvest.
(ii) Name and official number of the vessel to be used in
harvesting.
(iii) Date, port, and facility at which aquacultured live rock will
be landed.
(b) Caribbean reef fish. A marine aquarium fish may be harvested in
the Caribbean EEZ only by a hand-held dip net or by a hand-held slurp
gun. For the purposes of this paragraph, a hand-held slurp gun is a
device that rapidly draws seawater containing fish into a self-contained
chamber, and a marine aquarium fish is a Caribbean reef fish that is
smaller than 5.5 inches (14.0 cm), TL.
(c) Coastal migratory pelagic fish--(1) Authorized gear. Subject to
the prohibitions on gear/methods specified in Sec. 622.31, the following
are the only fishing gears that may be used in the Gulf, Mid-Atlantic,
and South Atlantic EEZ
[[Page 147]]
in directed fisheries for coastal migratory pelagic fish:
(i) King mackerel, Atlantic migratory group--
(A) North of 34 deg.37.3' N. lat., the latitude of Cape Lookout
Light, NC--all gear except drift gillnet and long gillnet.
(B) South of 34 deg.37.3' N. lat.--automatic reel, bandit gear,
handline, and rod and reel.
(ii) King mackerel, Gulf migratory group--hook-and-line gear and
run-around gillnet.
(iii) Spanish mackerel, Atlantic migratory group--automatic reel,
bandit gear, handline, rod and reel, cast net, run-around gillnet, and
stab net.
(iv) Spanish mackerel, Gulf migratory group--all gear except drift
gillnet, long gillnet, and purse seine.
(v) Cobia in the Mid-Atlantic and South Atlantic EEZ, dolphin in the
South Atlantic EEZ, and little tunny in the South Atlantic EEZ south of
34 deg.37.3' N. lat.--automatic reel, bandit gear, handline, rod and
reel, and pelagic longline.
(vi) Cero in the South Atlantic EEZ and little tunny in the South
Atlantic EEZ north of 34 deg.37.3' N. lat.--all gear except drift
gillnet and long gillnet.
(vii) Bluefish, cero, cobia, dolphin, and little tunny in the Gulf
EEZ--all gear except drift gillnet and long gillnet.
(2) Unauthorized gear. Gear types other than those specified in
paragraph (c)(1) of this section are unauthorized gear and the following
possession limitations apply:
(i) Long gillnets. A vessel with a long gillnet on board in, or that
has fished on a trip in, the Gulf, Mid-Atlantic, or South Atlantic EEZ
may not have on board on that trip a coastal migratory pelagic fish.
(ii) Drift gillnets. A vessel with a drift gillnet on board in, or
that has fished on a trip in, the Gulf EEZ may not have on board on that
trip a coastal migratory pelagic fish.
(iii) Other unauthorized gear. Except as specified in paragraph
(c)(2)(iv) of this section, a person aboard a vessel with unauthorized
gear other than a drift gillnet in the Gulf EEZ or a long gillnet on
board in, or that has fished in, the EEZ where such gear is not
authorized in paragraph (c)(1) of this section, is subject to the bag
limit for king and Spanish mackerel specified in Sec. 622.39(c)(1)(ii)
and to the limit on cobia specified in Sec. 622.32(c)(1).
(iv) Exception for king mackerel in the Gulf EEZ. The provisions of
this paragraph (c)(2)(iv) apply to king mackerel taken in the Gulf EEZ
and to such king mackerel possessed in the Gulf. Paragraph (c)(2)(iii)
of this section notwithstanding, a person aboard a vessel that has a
valid commercial permit for king mackerel is not subject to the bag
limit for king mackerel when the vessel has on board on a trip
unauthorized gear other than a drift gillnet in the Gulf EEZ or a long
gillnet. Thus, the following applies to a vessel that has a commercial
permit for king mackerel:
(A) Such vessel may use in the Gulf EEZ no unauthorized gear in a
directed fishery for king mackerel.
(B) If such a vessel has a drift gillnet or a long gillnet on board,
no king mackerel may be possessed.
(C) If such a vessel has unauthorized gear on board other than a
drift gillnet in the Gulf EEZ or a long gillnet, the possession of king
mackerel taken incidentally is restricted only by the closure provisions
of Sec. 622.43(a)(3) and the trip limits specified in Sec. 622.44(a).
See also paragraph (c)(4) of this section regarding the purse seine
incidental catch allowance of king mackerel.
(3) Gillnets--(i) King mackerel. The minimum allowable mesh size for
a gillnet used to fish in the Gulf, Mid-Atlantic, or South Atlantic EEZ
for king mackerel is 4.75 inches (12.1 cm), stretched mesh. A vessel in
such EEZ, or having fished on a trip in such EEZ, with a gillnet on
board that has a mesh size less than 4.75 (12.1 cm) inches, stretched
mesh, may not possess on that trip an incidental catch of king mackerel
that exceeds 10 percent, by number, of the total lawfully possessed
Spanish mackerel on board.
(ii) Spanish mackerel. (A) The minimum allowable mesh size for a
gillnet used to fish in the Gulf, Mid-Atlantic, or South Atlantic EEZ
for Spanish mackerel is 3.5 inches (8.9 cm), stretched mesh. A vessel in
such EEZ, or having fished on a trip in such EEZ, with a gillnet on
board that has a mesh size less than 3.5 inches (8.9 cm),
[[Page 148]]
stretched mesh, may not possess on that trip any Spanish mackerel.
(B) On board a vessel with a valid Spanish mackerel permit that is
fishing for Spanish mackerel in, or that possesses Spanish mackerel in
or from, the South Atlantic EEZ off Florida north of 25 deg.20.4' N.
lat., which is a line directly east from the Dade/Monroe County, FL,
boundary--
(1) No person may fish with, set, place in the water, or have on
board a gillnet with a float line longer than 800 yd (732 m).
(2) No person may fish with, set, or place in the water more than
one gillnet at any one time.
(3) No more than two gillnets, including any net in use, may be
possessed at any one time; provided, however, that if two gillnets,
including any net in use, are possessed at any one time, they must have
stretched mesh sizes (as allowed under the regulations) that differ by
at least .25 inch (.64 cm).
(4) No person may soak a gillnet for more than 1 hour. The soak
period begins when the first mesh is placed in the water and ends either
when the first mesh is retrieved back on board the vessel or the
gathering of the gillnet is begun to facilitate retrieval on board the
vessel, whichever occurs first; providing that, once the first mesh is
retrieved or the gathering is begun, the retrieval is continuous until
the gillnet is completely removed from the water.
(5) The float line of each gillnet possessed, including any net in
use, must have the distinctive floats specified in Sec. 622.6(b)(2).
(4) Purse seine incidental catch allowance. A vessel in the EEZ, or
having fished in the EEZ, with a purse seine on board will not be
considered as fishing, or having fished, for king or Spanish mackerel in
violation of a prohibition of purse seines under paragraph (c)(2) of
this section, in violation of the possession limits under paragraph
(c)(2)(iii) of this section, or, in the case of king mackerel from the
Atlantic migratory group, in violation of a closure effected in
accordance with Sec. 622.43(a), provided the king mackerel on board does
not exceed 1 percent, or the Spanish mackerel on board does not exceed
10 percent, of all fish on board the vessel. Incidental catch will be
calculated by number and/or weight of fish. Neither calculation may
exceed the allowable percentage. Incidentally caught king or Spanish
mackerel are counted toward the quotas provided for under Sec. 622.42(c)
and are subject to the prohibition of sale under Sec. 622.43(a)(3)(iii).
(d) South Atlantic snapper-grouper--(1) Authorized gear. Subject to
the gear restrictions specified in Sec. 622.31, the following are the
only gear types authorized in a directed fishery for snapper-grouper in
the South Atlantic EEZ: Bandit gear, bottom longline, buoy gear,
handline, rod and reel, sea bass pot, and spearfishing gear.
(2) Unauthorized gear. All gear types other than those specified in
paragraph (d)(1) of this section are unauthorized gear and the following
possession and transfer limitations apply.
(i) A vessel with trawl gear on board that fishes in the EEZ on a
trip may possess no more than 200 lb (90.7 kg) of South Atlantic
snapper-grouper, excluding wreckfish, in or from the EEZ on that trip.
It is a rebuttable presumption that a vessel with more than 200 lb (90.7
kg) of South Atlantic snapper-grouper, excluding wreckfish, on board
harvested such fish in the EEZ.
(ii) Except as specified in paragraphs (d)(3) through (d)(5) of this
section, a person aboard a vessel with unauthorized gear on board, other
than trawl gear, that fishes in the EEZ on a trip is limited on that
trip to:
(A) South Atlantic snapper-grouper species for which a bag limit is
specified in Sec. 622.39(d)(1)--the bag limit.
(B) All other South Atlantic snapper-grouper--zero.
(iii) South Atlantic snapper-grouper on board a vessel with
unauthorized gear on board may not be transferred at sea, regardless of
where such transfer takes place, and such snapper-grouper may not be
transferred in the EEZ.
(iv) No vessel may receive at sea any South Atlantic snapper-grouper
from a vessel with unauthorized gear on board, as specified in paragraph
(d)(2)(iii) of this section.
(3) Possession allowance regarding sink nets off North Carolina. A
vessel that has on board a commercial permit for
[[Page 149]]
South Atlantic snapper-grouper, excluding wreckfish, that fishes in the
EEZ off North Carolina with a sink net on board, may retain, without
regard to the limits specified in paragraph (d)(2)(ii) of this section,
otherwise legal South Atlantic snapper-grouper taken with bandit gear,
buoy gear, handline, rod and reel, or sea bass pot. For the purpose of
this paragraph (d)(3), a sink net is a gillnet with stretched mesh
measurements of 3 to 4.75 inches (7.6 to 12.1 cm) that is attached to
the vessel when deployed.
(4) Possession allowance regarding bait nets. A vessel that has on
board a commercial permit for South Atlantic snapper-grouper, excluding
wreckfish, that fishes in the South Atlantic EEZ with no more than one
bait net on board, may retain, without regard to the limits specified in
paragraph (d)(2)(ii) of this section, otherwise legal South Atlantic
snapper-grouper taken with bandit gear, buoy gear, handline, rod and
reel, or sea bass pot. For the purpose of this paragraph (d)(4), a bait
net is a gillnet not exceeding 50 ft (15.2 m) in length or 10 ft (3.1 m)
in height with stretched mesh measurements of 1.5 inches (3.8 cm) or
smaller that is attached to the vessel when deployed.
(5) Possession allowance regarding cast nets. A vessel that has on
board a commercial permit for South Atlantic snapper-grouper, excluding
wreckfish, that fishes in the South Atlantic EEZ with a cast net on
board, may retain, without regard to the limits specified in paragraph
(d)(2)(ii) of this section, otherwise legal South Atlantic snapper-
grouper taken with bandit gear, buoy gear, handline, rod and reel, or
sea bass pot. For the purpose of this paragraph (d)(5), a cast net is a
cone-shaped net thrown by hand and designed to spread out and capture
fish as the weighted circumference sinks to the bottom and comes
together when pulled by a line.
(e) South Atlantic golden crab. Traps are the only fishing gear
authorized in directed fishing for golden crab in the South Atlantic
EEZ. Golden crab in or from the South Atlantic EEZ may not be retained
on board a vessel possessing or using unauthorized gear.
(f) Caribbean queen conch. In the Caribbean EEZ, no person may
harvest queen conch by diving while using a device that provides a
continuous air supply from the surface.
(g) Shrimp in the South Atlantic--(1) BRD requirement. On a penaeid
shrimp trawler in the South Atlantic EEZ, each trawl net that is rigged
for fishing and has a mesh size less than 2.50 inches (6.35 cm), as
measured between the centers of opposite knots when pulled taut, and
each try net that is rigged for fishing and has a headrope length longer
than 16.0 ft (4.9 m), must have a certified BRD installed. A trawl net,
or try net, is rigged for fishing if it is in the water, or if it is
shackled, tied, or otherwise connected to a sled, door, or other device
that spreads the net, or to a tow rope, cable, pole, or extension,
either on board or attached to a shrimp trawler.
(2) Certified BRDs. The following BRDs are certified for use by
penaeid shrimp trawlers in the South Atlantic EEZ. Specifications of
these certified BRDs are contained in Appendix D of this part.
(i) Extended funnel.
(ii) Expanded mesh.
(iii) Fisheye.
(h) Shrimp in the Gulf--(1) BRD requirement. (i) Except as exempted
in paragraphs (h)(1)(ii) through (iv) of this section, on a shrimp
trawler in the Gulf EEZ shoreward of the 100-fathom (183-m) depth
contour west of 85 deg.30' W. long., each net that is rigged for fishing
must have a certified BRD installed. A trawl net is rigged for fishing
if it is in the water, or if it is shackled, tied, or otherwise
connected to a sled, door, or other device that spreads the net, or to a
tow rope, cable, pole, or extension, either on board or attached to a
shrimp trawler.
(ii) A shrimp trawler is exempt from the requirement to have a
certified BRD installed in each net provided that at least 90 percent
(by weight) of all shrimp on board or offloaded from such trawler are
royal red shrimp.
(iii) A shrimp trawler is exempt from the requirement to have a BRD
installed in a single try net with a headrope length of 16 ft (4.9 m) or
less provided the single try net is either pulled immediately in front
of another net or is not connected to another net.
[[Page 150]]
(iv) A shrimp trawler is exempt from the requirement to have a
certified BRD installed in up to two rigid-frame roller trawls that are
16 ft (4.9 m) or less in length used or possessed on board. A rigid-
frame roller trawl is a trawl that has a mouth formed by a rigid frame
and a grid of rigid vertical bars; has rollers on the lower horizontal
part of the frame to allow the trawl to roll over the bottom and any
obstruction while being towed; and has no doors, boards, or similar
devices attached to keep the mouth of the trawl open.
(2) Certified BRDs. The fisheye BRD is certified for use by shrimp
trawlers in the Gulf EEZ. Specifications of the fisheye BRD are
contained in Appendix D of this part.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 61
FR 65484, Dec. 13, 1996; 62 FR 18539, Apr. 16, 1997; 63 FR 10568, Mar.
4, 1998; 63 FR 18144, Apr. 14, 1998; 63 FR 38303, July 16, 1998]
Effective Date Note: At 63 FR 27500, May 19, 1998, in Sec. 622.41,
paragraph (h)(2) was suspended and paragraph (h)(3) was added, effective
May 14, 1998, through Nov. 16, 1998. For the convenience of the user,
the revised text is set forth as follows:
Sec. 622.41 Species specific limitations.
* * * * *
(h) * * *
(3) Certified BRDs. The following BRDs are certified for use by
shrimp trawlers in the Gulf EEZ. Specifications of these certified BRDs
are contained in Appendix D to this part.
(i) Fisheye
(ii) Gulf fisheye.
(iii) Jones-Davis.
Sec. 622.42 Quotas.
Quotas apply for the fishing year for each species or species group.
Except for the quotas for Gulf and South Atlantic coral, the quotas
include species harvested from state waters adjoining the EEZ. Quotas
for species managed under this part are as follows. (See Sec. 622.32 for
limitations on taking prohibited and limited-harvest species. The
limitations in Sec. 622.32 apply without regard to whether the species
is harvested by a vessel operating under a commercial vessel permit or
by a person subject to the bag limits.)
(a) Gulf reef fish--(1) Commercial quotas. The following quotas
apply to persons who fish under commercial vessel permits for Gulf reef
fish, as required under Sec. 622.4(a)(2)(v).
(i) Red snapper--4.65 million lb (2.11 million kg), round weight,
apportioned as follows:
(A) 3.06 million lb (1.39 million kg) available at noon on February
1 each year, subject to the closure provisions of Secs. 622.34(l) and
622.43(a)(1)(i).
(B) The remainder available at noon on September 1 each year,
subject to the closure provisions of Secs. 622.34(l) and
622.43(a)(1)(i).
(ii) Deep-water groupers (i.e., yellowedge grouper, misty grouper,
warsaw grouper, snowy grouper, and speckled hind), and, after the quota
for shallow-water grouper is reached, scamp, combined--1.60 million lb
(0.73 million kg), round weight.
(iii) Shallow-water groupers (i.e., all groupers other than deep-
water groupers, jewfish, and Nassau grouper), including scamp before the
quota for shallow-water groupers is reached, combined--9.80 million lb
(4.45 million kg), round weight.
(2) Recreational quota for red snapper. The following quota applies
to persons who harvest red snapper other than under commercial vessel
permits for Gulf reef fish and the commercial quota specified in
paragraph (a)(1)(i) of this section--4.47 million lb (2.03 million kg),
round weight.
(3) Shallow-water groupers, that is, all groupers other than deep-
water groupers, jewfish, and Nassau grouper, including scamp before the
quota for shallow-water groupers is reached, combined--9.8 million lb
(4.4 million kg), round weight.
(b) Gulf and South Atlantic coral--(1) Allowable octocoral. The
quota for all persons who harvest allowable octocoral in the Gulf and
South Atlantic EEZ is 50,000 colonies. A colony is a continuous group of
coral polyps forming a single unit.
(2) Wild live rock in the Gulf. The quota for all persons who
harvest wild live rock in the Gulf EEZ is 500,000 lb
[[Page 151]]
(226,796 kg). Commencing with the fishing year that begins January 1,
1997, the quota is zero.
(c) King and Spanish mackerel. King and Spanish mackerel quotas
apply to persons who fish under commercial vessel permits for king or
Spanish mackerel, as required under Sec. 622.4(a)(2)(iii) or (iv). A
fish is counted against the quota for the area where it is caught when
it is first sold.
(1) Migratory groups of king mackerel--(i) Gulf migratory group. The
quota for the Gulf migratory group of king mackerel is 3.39 million lb
(1.54 million kg). The Gulf migratory group is divided into eastern and
western zones separated by 87 deg.31'06'' W. long., which is a line
directly south from the Alabama/Florida boundary. Quotas for the eastern
and western zones are as follows:
(A) Eastern zone--2.34 million lb (1.06 million kg), which is
further divided into quotas as follows:
(1) Florida east coast subzone--1.17 million lb (0.53 million kg).
(2) Florida west coast subzone--1.17 million lb (0.53 million kg),
which is further divided into quotas by gear types as follows:
(i) 585,000 lb (265,352 kg) for vessels fishing with hook-and-line
gear.
(ii) 585,000 lb (265,352 kg) for vessels fishing with run-around
gillnets.
(3) The Florida east coast subzone is that part of the eastern zone
north of 25 deg.20.4' N. lat., which is a line directly east from the
Dade/Monroe County, FL, boundary, and the Florida west coast subzone is
that part of the eastern zone south and west of 25 deg.20.4' N. lat.
(B) Western zone--1.05 million lb (0.48 million kg).
(ii) Atlantic migratory group. The quota for the Atlantic migratory
group of king mackerel is 2.52 million lb (1.14 million kg). No more
than 0.4 million lb (0.18 million kg) may be harvested by purse seines.
(2) Migratory groups of Spanish mackerel--(i) Gulf migratory group.
The quota for the Gulf migratory group of Spanish mackerel is 3.99
million lb (1.81 million kg).
(ii) Atlantic migratory group. The quota for the Atlantic migratory
group of Spanish mackerel is 4.00 million lb (1.81 million kg).
(d) Royal red shrimp in the Gulf. The quota for all persons who
harvest royal red shrimp in the Gulf is 392,000 lb (177.8 mt), tail
weight.
(e) South Atlantic snapper-grouper, excluding wreckfish. The quotas
apply to persons who are not subject to the bag limits. (See
Sec. 622.39(a)(1) for applicability of the bag limits.)
(1) Snowy grouper--344,508 lb (156,266 kg), gutted weight, that is,
eviscerated but otherwise whole.
(2) Golden tilefish--1,001,663 lb (454,347 kg), gutted weight, that
is, eviscerated but otherwise whole.
(f) Wreckfish. The quota for wreckfish applies to wreckfish
shareholders, or their employees, contractors, or agents, and is 2
million lb (907,185 kg), round weight. See Sec. 622.15 for information
on the wreckfish shareholder under the ITQ system.
[61 FR 34934, July 3, 1996, as amended at 61 FR 48643, Sept. 16, 1996;
62 FR 13988, Mar. 25, 1997; 62 FR 23674, May 1, 1997; 62 FR 46679, Sept.
4, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 8356, Feb. 19, 1998; 63 FR
10569, Mar. 4, 1998]
Effective Date Notes: 1. At 63 FR 18147, Apr. 14, 1998, in
Sec. 622.42, paragraph (a) was suspended and paragraph (g) was added,
effective May 14, 1998, through Oct. 13, 1998; except for the suspension
of paragraph (a)(2) and the addition of paragraph (g)(2), which are
effective Apr. 14, 1998 through Oct. 13, 1998.
2. At 63 FR 45763, Aug. 27, 1998, in Sec. 622.42, the suspension of
paragraph (a) was lifted, paragraph (g) was removed, and paragraphs
(a)(1)(i) (A) and (B) were amended by revising the respective references
to ``Sec. 622.34(l)'' to read ``Sec. 622.34(m)'', effective Aug. 27,
1998, through Feb. 24, 1999. For the convenience of the user, paragraph
(g) is set forth as follows:
Sec. 622.42 Quotas.
* * * * *
(g) Gulf reef fish--(1) Commercial quotas. The following quotas
apply to persons who fish under commercial vessel permits for Gulf reef
fish, as required under Sec. 622.4(a)(2)(v).
(i) Red snapper--4.65 million lb (2.11 million kg), round weight,
apportioned as follows:
(A) 3.06 million lb (1.39 million kg) available at noon on February
1 each
[[Page 152]]
year, subject to the closure provisions of Secs. 622.34(m) and
622.43(a)(1)(i).
(B) The remainder is held in reserve.
(C) The Assistant Administrator may release all or any portion of
the reserve specified in paragraph (g)(1)(i)(B) of this section
effective September 1 by filing for publication a notification to that
effect with the Office of the Federal Register. Determination of what
portion, if any, of the reserve will be released will be based on the
results of NMFS research regarding the effectiveness of BRDs in reducing
shrimp trawl- induced mortality of juvenile red snapper. Release of
reserve amounts will be determined as follows:
(1) If BRDs reduce shrimp trawl-induced mortality of juvenile red
snapper by 50 percent or less, none of the reserve specified in
paragraph (g)(1)(i)(B) of this section will be released.
(2) If BRDs reduce shrimp trawl-induced mortality of juvenile red
snapper by 60 percent or greater, the entire reserve specified in
paragraph (g)(1)(i)(B) of this section will be released, subject to the
closure provisions of Secs. 622.34(m) and 622.43(a)(1)(i).
(3) If BRDs reduce shrimp trawl-induced mortality of juvenile red
snapper by more than 50 percent but less than 60 percent, for each one
percentage point increase in bycatch mortality reduction within the 50
to 60 percent range, an additional 0.159 million lb (0.072 million kg)
of the reserve specified in paragraph (g)(1)(i)(B) of this section will
be released, subject to the closure provisions of Secs. 622.34(m) and
622.43(a)(1)(i). Fractional percentage point increases in bycatch
mortality reduction will be prorated accordingly.
(ii) Deep-water groupers (i.e., yellowedge grouper, misty grouper,
warsaw grouper, snowy grouper, and speckled hind), and, after the quota
for shallow-water grouper is reached, scamp, combined--1.60 million lb
(0.73 million kg), round weight.
(iii) Shallow-water groupers (i.e., all groupers other than deep-
water groupers, jewfish, and Nassau grouper), including scamp before the
quota for shallow-water groupers is reached, combined--9.80 million lb
(4.45 million kg), round weight.
(2) Recreational quota for red snapper. The following quota applies
to persons who harvest red snapper other than under commercial vessel
permits for Gulf reef fish and the commercial quota specified in
paragraph (a)(1)(i) of this section--4.47 million lb (2.03 million kg),
round weight, apportioned as follows:
(i) 2.94 million lb (1.33 million kg) available January 1 each year,
subject to the closure provisions of Sec. 622.43(a)(1)(ii).
(ii) The remainder is held in reserve.
(iii) The Assistant Administrator may release all or any portion of
the reserve specified in paragraph (g)(2)(ii) of this section effective
September 1 by filing a notification for publication to that effect with
the Office of the Federal Register. Determination of what portion, if
any, of the reserve will be released will be based on the results of
NMFS research regarding the effectiveness of BRDs in reducing shrimp
trawl- induced mortality of juvenile red snapper. Release of reserve
amounts will be determined as follows:
(A) If BRDs reduce shrimp trawl-induced mortality of juvenile red
snapper by 50 percent or less, none of the reserve specified in
paragraph (g)(2)(ii) of this section will be released.
(B) If BRDs reduce shrimp trawl-induced mortality of juvenile red
snapper by 60 percent or greater, the entire reserve specified in
paragraph (g)(2)(ii) of this section will be released, subject to the
closure provisions of Sec. 622.43(a)(1)(ii).
(C) If BRDs reduce shrimp trawl-induced mortality of juvenile red
snapper by more than 50 percent but less than 60 percent, for each one
percentage point increase in bycatch mortality reduction within the 50
to 60 percent range, an additional 0.153 million lb (0.069 million kg)
of the reserve specified in paragraph (g)(2)(ii) of this section will be
released, subject to the closure provisions of Sec. 622.43(a)(1)(ii).
Fractional percentage point increases in bycatch mortality reduction
will be prorated accordingly.
Sec. 622.43 Closures.
(a) General. When a quota specified in Sec. 622.42 is reached, or is
projected to be reached, the Assistant Administrator will file a
notification to that effect with the Office of the Federal Register.
[[Page 153]]
On and after the effective date of such notification, for the remainder
of the fishing year, the following closure restrictions apply:
(1) Gulf reef fish--(i) Commercial quotas. The bag and possession
limits specified in Sec. 622.39(b) apply to all harvest or possession in
or from the Gulf EEZ of the indicated species, and the sale or purchase
of the indicated species taken from the Gulf EEZ is prohibited. In
addition, the bag and possession limits for red snapper apply on board a
vessel for which a commercial permit for Gulf reef fish has been issued,
as required under Sec. 622.4(a)(2)(v), without regard to where such red
snapper were harvested. However, the bag and possession limits for red
snapper apply only when the recreational quota for red snapper has not
been reached and the bag and possession limit has not been reduced to
zero under paragraph (a)(1)(ii) of this section.
(ii) Recreational quota for red snapper. The bag and possession
limit for red snapper in or from the Gulf EEZ is zero.
(2) Gulf and South Atlantic coral--(i) Allowable octocoral.
Allowable octocoral may not be harvested or possessed in the Gulf or
South Atlantic EEZ and the sale or purchase of allowable octocoral in or
from the Gulf or South Atlantic EEZ is prohibited.
(ii) Wild live rock in the Gulf. Wild live rock may not be harvested
or possessed in the Gulf EEZ and the sale or purchase of wild live rock
in or from the Gulf EEZ is prohibited.
(3) King and Spanish mackerel. The closure provisions of this
paragraph (a)(3) do not apply to Atlantic migratory group Spanish
mackerel, which are managed under the commercial trip limits specified
in Sec. 622.44(b) in lieu of the closure provisions of this section.
(i) A person aboard a vessel for which a commercial permit for king
or Spanish mackerel has been issued, as required under
Sec. 622.4(a)(2)(iii) or (iv), may not fish for king or Spanish mackerel
in the EEZ or retain king or Spanish mackerel in or from the EEZ under a
bag or possession limit specified in Sec. 622.39(c) for the closed
species, migratory group, zone, subzone, or gear, except as provided for
under paragraph (a)(3)(ii) of this section.
(ii) A person aboard a vessel for which the permit indicates both
charter vessel/headboat for coastal migratory pelagic fish and
commercial king or Spanish mackerel may continue to retain fish under a
bag and possession limit specified in Sec. 622.39(c), provided the
vessel is operating as a charter vessel or headboat.
(iii) The sale or purchase of king or Spanish mackerel of the closed
species, migratory group, zone, subzone, or gear type is prohibited,
including such king or Spanish mackerel taken under the bag limits.
(4) Royal red shrimp in the Gulf. Royal red shrimp in or from the
Gulf EEZ may not be retained, and the sale or purchase of royal red
shrimp taken from the Gulf EEZ is prohibited.
(5) South Atlantic snapper-grouper, excluding wreckfish. There are
no closure provisions for South Atlantic snapper grouper, other than for
wreckfish. Golden tilefish and snowy grouper, for which there are
quotas, are managed under the commercial trip limits specified in
Sec. 622.44(c) in lieu of the closure provisions of this section.
(6) Wreckfish. Wreckfish in or from the South Atlantic EEZ may not
be retained, and the sale or purchase of wreckfish taken from the South
Atlantic EEZ is prohibited.
(b) Exception to prohibition on sale/purchase. (1) The prohibition
on sale/purchase during a closure for Gulf reef fish, king and Spanish
mackerel, royal red shrimp, or wreckfish in paragraph (a)(1),
(a)(3)(iii), (a)(4), or (a)(6) of this section does not apply to the
indicated species that were harvested, landed ashore, and sold prior to
the effective date of the closure and were held in cold storage by a
dealer or processor.
(2) The prohibition on sale/purchase during a closure for allowable
octocoral or wild live rock in paragraph (a)(2)(i) or (a)(2)(ii) of this
section does not apply to allowable octocoral or wild live rock that was
harvested and landed ashore prior to the effective date of the closure.
(c) Reopening. When a fishery has been closed based on a projection
of the quota specified in Sec. 622.42 being reached and subsequent data
indicate that the
[[Page 154]]
quota was not reached, the Assistant Administrator may file a
notification to that effect with the Office of the Federal Register.
Such notification may reopen the fishery to provide an opportunity for
the quota to be reached.
[61 FR 34934, July 3, 1996, as amended at 62 FR 13988, Mar. 25, 1997; 62
FR 46679, Sept. 4, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 10569, Mar.
4, 1998]
Sec. 622.44 Commercial trip limits.
Commercial trip limits are limits on the amount of the applicable
species that may be possessed on board or landed, purchased, or sold
from a vessel per day. A person who fishes in the EEZ may not combine a
trip limit specified in this section with any trip or possession limit
applicable to state waters. A species subject to a trip limit specified
in this section taken in the EEZ may not be transferred at sea,
regardless of where such transfer takes place, and such species may not
be transferred in the EEZ. For fisheries governed by this part,
commercial trip limits apply as follows (all weights are round or
eviscerated weights):
(a) King mackerel--(1) Atlantic group. The following trip limits
apply to vessels for which commercial permits for king mackerel have
been issued, as required under Sec. 622.4(a)(2)(iii):
(i) North of 29 deg.25' N. lat., which is a line directly east from
the Flagler/Volusia County, FL, boundary, king mackerel in or from the
EEZ may not be possessed on board or landed from a vessel in a day in
amounts exceeding 3,500 lb (1,588 kg).
(ii) In the area between 29 deg.25' N. lat. and 28 deg.47.8' N.
lat., which is a line directly east from the Volusia/Brevard County, FL,
boundary, king mackerel in or from the EEZ may not be possessed on board
or landed from a vessel in a day in amounts exceeding 3,500 lb (1,588
kg) from April 1 through October 31.
(iii) In the area between 28 deg.47.8' N. lat. and 25 deg.20.4' N.
lat., which is a line directly east from the Dade/Monroe County, FL,
boundary, king mackerel in or from the EEZ may not be possessed on board
or landed from a vessel in a day in amounts exceeding 50 fish from April
1 through October 31.
(iv) In the area between 25 deg.20.4' N. lat. and 25 deg.48' N.
lat., which is a line directly west from the Monroe/Collier County, FL,
boundary, king mackerel in or from the EEZ may not be possessed on board
or landed from a vessel in a day in amounts exceeding 1,250 lb (567 kg)
from April 1 through October 31.
(2) Gulf group. Commercial trip limits are established in the
eastern zone as follows. (See Sec. 622.42(c)(1)(i) for specification of
the eastern zone and Sec. 622.42(c)(1)(i)(A)(3) for specifications of
the subzones in the eastern zone.)
(i) Florida east coast subzone. In the Florida east coast subzone,
king mackerel in or from the EEZ may be possessed on board or landed
from a vessel for which a commercial permit for king mackerel has been
issued, as required under Sec. 622.4(a)(2)(iii), from November 1 each
fishing year until the subzone's fishing year quota of king mackerel has
been harvested or until March 31, whichever occurs first, in amounts not
exceeding 50 fish per day.
(ii) Florida west coast subzone--(A) Gillnet gear. (1) In the
Florida west coast subzone, king mackerel in or from the EEZ may be
possessed on board or landed from a vessel for which a commercial permit
with a gillnet endorsement has been issued, as required under
Sec. 622.4(a)(2)(ii), from July 1, each fishing year, until a closure of
the Florida west coast subzone's fishery for vessels fishing with run-
around gillnets has been effected under Sec. 622.43(a)--in amounts not
exceeding 25,000 lb (11,340 kg) per day.
(2) In the Florida west coast subzone:
(i) King mackerel in or from the EEZ may be possessed on board or
landed from a vessel that uses or has on board a run-around gillnet on a
trip only when such vessel has on board a commercial permit for king
mackerel with a gillnet endorsement.
(ii) King mackerel from the west coast subzone landed by a vessel
for which such commercial permit with endorsement has been issued will
be counted against the run-around gillnet quota of
Sec. 622.42(c)(1)(i)(A)(2)(ii).
(iii) King mackerel in or from the EEZ harvested with gear other
than run-around gillnet may not be retained
[[Page 155]]
on board a vessel for which such commercial permit with endorsement has
been issued.
(B) Hook-and-line gear. In the Florida west coast subzone, king
mackerel in or from the EEZ may be possessed on board or landed from a
vessel with a commercial permit for king mackerel, as required by
Sec. 622.4(a)(2)(iii), and operating under the hook-and-line gear quota
in Sec. 622.42(c)(1)(i)(A)(2)(i):
(1) From July 1 each fishing year, until 75 percent of the subzone's
hook-and-line gear quota has been harvested--in amounts not exceeding
1,250 lb (567 kg) per day.
(2) From the date that 75 percent of the subzone's hook-and-line
gear quota has been harvested, until a closure of the west coast
subzone's fishery for vessels fishing with hook-and-line gear has been
effected under Sec. 622.43(a)--in amounts not exceeding 500 lb (227 kg)
per day.
(iii) Notice of trip limit changes. The Assistant Administrator, by
filing a notification of trip limit change with the Office of the
Federal Register, will effect the trip limit changes specified in
paragraphs (a)(2)(i) and (a)(2)(ii)(B) of this section when the
requisite harvest level has been reached or is projected to be reached.
(b) Spanish mackerel. (1) Commercial trip limits are established for
Atlantic migratory group Spanish mackerel as follows:
(i) North of 30 deg.42'45.6" N. lat., which is a line directly east
from the Georgia/Florida boundary, Spanish mackerel in or from the EEZ
may not be possessed on board or landed in a day from a vessel for which
a permit for Spanish mackerel has been issued, as required under
Sec. 622.4(a)(2)(iv), in amounts exceeding 3,500 lb (1,588 kg).
(ii) South of 30 deg.42'45.6" N. lat., Spanish mackerel in or from
the EEZ may not be possessed on board or landed in a day from a vessel
for which a permit for Spanish mackerel has been issued, as required
under Sec. 622.4(a)(2)(iv)--
(A) From April 1 through October 31, in amounts exceeding 1,500 lb
(680 kg).
(B) From November 1 until 75 percent of the adjusted quota is taken,
in amounts as follows:
(1) Mondays, Wednesdays, and Fridays--unlimited.
(2) Tuesdays, Thursdays, Saturdays, and Sundays--not exceeding 1,500
lb (680 kg).
(C) After 75 percent of the adjusted quota is taken until 100
percent of the adjusted quota is taken, in amounts not exceeding 1,500
lb (680 kg).
(D) After 100 percent of the adjusted quota is taken through the end
of the fishing year, in amounts not exceeding 500 lb (227kg).
(2) For the purpose of paragraph (b)(1)(ii) of this section, the
adjusted quota is 3.75 million lb (1.70 million kg). The adjusted quota
is the quota for Atlantic migratory group Spanish mackerel reduced by an
amount calculated to allow continued harvests of Atlantic migratory
group Spanish mackerel at the rate of 500 lb (227 kg) per vessel per day
for the remainder of the fishing year after the adjusted quota is
reached. By filing a notification with the Office of the Federal
Register, the Assistant Administrator will announce when 75 percent and
100 percent of the adjusted quota is reached or is projected to be
reached.
(3) For the purpose of paragraph (b)(1)(ii) of this section, a day
starts at 6 a.m., local time, and extends for 24 hours. If a vessel
terminates a trip prior to 6 a.m., but retains Spanish mackerel on board
after that time, the Spanish mackerel retained on board will not be
considered in possession during the succeeding day, provided the vessel
is not underway between 6 a.m. and the time such Spanish mackerel are
unloaded, and provided such Spanish mackerel are unloaded prior to 6
p.m.
(c) South Atlantic snapper-grouper. When a vessel fishes on a trip
in the South Atlantic EEZ, the vessel trip limits specified in this
paragraph (c) apply, provided persons aboard the vessel are not subject
to the bag limits. See Sec. 622.39(a) for applicability of the bag
limits.
(1) Trip-limited permits. A vessel for which a trip-limited permit
for South Atlantic snapper-grouper has been issued is limited to 225 lb
(102.1 kg) of snapper-grouper.
(2) Golden tilefish. (i) Until the fishing year quota specified in
Sec. 622.42(e)(2) is reached, 5,000 lb (2,268 kg).
[[Page 156]]
(ii) After the fishing year quota specified in Sec. 622.42(e)(2) is
reached, 300 lb (136 kg).
(3) Snowy grouper. (i) Until the fishing year quota specified in
Sec. 622.42(e)(1) is reached, 2,500 lb (1,134 kg).
(ii) After the fishing year quota specified in Sec. 622.42(e)(1) is
reached, 300 lb (136 kg).
(d) Gulf wild live rock. Until the quota for wild live rock from the
Gulf EEZ is reached in 1996, a daily vessel limit of twenty-five 5-
gallon (19-L) buckets, or volume equivalent (16.88 ft\3\ (478.0 L)),
applies to the harvest or possession of wild live rock in or from the
Gulf EEZ, regardless of the number or duration of trips.
(e) Gulf red snapper. (1) The trip limit for red snapper in or from
the Gulf for a vessel that has on board a valid commercial permit for
Gulf reef fish and a valid Class 1 red snapper license is 2,000 lb (907
kg), round or eviscerated weight.
(2) The trip limit for red snapper in or from the Gulf for a vessel
that has on board a valid commercial permit for Gulf reef fish and a
valid Class 2 red snapper license is 200 lb (91 kg), round or
eviscerated weight.
(3) The trip limit for red snapper in or from the Gulf for any other
vessel for which a commercial permit for Gulf reef fish has been issued
is zero.
(4) As a condition of a commercial vessel permit for Gulf reef fish,
as required under Sec. 622.4(a)(2)(v), without regard to where red
snapper are harvested or possessed, a vessel that has been issued such
permit--
(i) May not possess red snapper in or from the Gulf in excess of the
appropriate vessel trip limit, as specified in paragraphs (e)(1) through
(3) of this section.
(ii) May not transfer or receive at sea red snapper in or from the
Gulf.
(f) Caribbean queen conch. A person who fishes in the Caribbean EEZ
and is not subject to the bag limit may not possess in or from the
Caribbean EEZ more than 150 queen conch per day.
[61 FR 34934, July 3, 1996, as amended at 61 FR 48415, Sept. 13, 1996;
61 FR 48851, Sept. 17, 1996; 61 FR 65484, Dec. 13, 1996; 62 FR 23674,
May 1, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 8356, Feb. 19, 1998; 63
FR 10569, Mar. 4, 1998; 63 FR 38303, July 16, 1998]
Effective Date Note: At 63 FR 38303, July 16, 1998, Sec. 622.44 was
amended by revising the last sentence of the introductory text and
paragraph (c), effective Dec. 14, 1998. For the convenience of the user,
the superseded text is set forth as follows:
Sec. 622.44 Commercial trip limits.
* * * For fisheries governed by this part, commercial trip limits
apply as follows:
* * * * *
(c) Golden tilefish and snowy grouper. A person who fishes in the
South Atlantic EEZ on a trip and who is not subject to the bag limits
may not exceed the following trip limits. (See Sec. 622.39(a) for
applicability of the bag limits.)
(1) Golden tilefish (round weight or gutted weight, that is,
eviscerated but otherwise whole):
(i) Until the fishing year quota specified in Sec. 622.42(e)(2) is
reached, 5,000 lb (2,268 kg).
(ii) After the fishing year quota specified in Sec. 622.42(e)(2) is
reached, 300 lb (136 kg).
(2) Snowy grouper (round weight or gutted weight, that is,
eviscerated but otherwise whole):
(i) Until the fishing year quota specified in Sec. 622.42(e)(1) is
reached, 2,500 lb (1,134 kg).
(ii) After the fishing year quota specified in Sec. 622.42(e)(1) is
reached, 300 lb (136 kg).
* * * * *
Sec. 622.45 Restrictions on sale/purchase.
In addition to restrictions on sale/purchase related to closures, as
specified in Sec. 622.43 (a) and (b), restrictions on sale and/or
purchase apply as follows.
(a) Caribbean coral reef resource. (1) No person may sell or
purchase a Caribbean prohibited coral harvested in the Caribbean EEZ.
(2) A Caribbean prohibited coral that is sold in Puerto Rico or the
U.S. Virgin Islands will be presumed to have been harvested in the
Caribbean EEZ, unless it is accompanied by documentation showing that it
was harvested elsewhere. Such documentation must contain:
(i) The information specified in subpart K of part 300 of this title
for marking containers or packages of fish or wildlife that are
imported, exported, or transported in interstate commerce.
(ii) The name and home port of the vessel, or the name and address
of the individual, harvesting the Caribbean prohibited coral.
[[Page 157]]
(iii) The port and date of landing the Caribbean prohibited coral.
(iv) A statement signed by the person selling the Caribbean
prohibited coral attesting that, to the best of his or her knowledge,
information, and belief, such Caribbean prohibited coral was harvested
other than in the Caribbean EEZ or the waters of Puerto Rico or the U.S.
Virgin Islands.
(b) Caribbean reef fish. A live red hind or live mutton snapper in
or from the Caribbean EEZ may not be sold or purchased and used in the
marine aquarium trade.
(c) Gulf reef fish. (1) A Gulf reef fish harvested in the EEZ on
board a vessel that does not have a valid commercial permit for Gulf
reef fish, as required under Sec. 622.4(a)(2)(v), or a Gulf reef fish
possessed under the bag limits specified in Sec. 622.39(b), may not be
sold or purchased.
(2) A Gulf reef fish harvested on board a vessel that has a valid
commercial permit for Gulf reef fish may be sold only to a dealer who
has a valid permit for Gulf reef fish, as required under
Sec. 622.4(a)(4).
(3) A Gulf reef fish harvested in the EEZ may be purchased by a
dealer who has a valid permit for Gulf reef fish, as required under
Sec. 622.4(a)(4), only from a vessel that has a valid commercial permit
for Gulf reef fish.
(d) South Atlantic snapper-grouper. (1) A person may sell South
Atlantic snapper-grouper harvested in the EEZ only to a dealer who has a
valid permit for South Atlantic snapper-grouper, as required under
Sec. 622.4(a)(4).
(2) A person may purchase South Atlantic snapper-grouper harvested
in the EEZ only from a vessel that has a valid commercial permit for
South Atlantic snapper-grouper, as required under Sec. 622.4(a)(2)(vi),
or from a person who has a valid commercial license to sell fish in the
state where the purchase occurs.
(3) Except for the sale or purchase of South Atlantic snapper-
grouper harvested by a vessel that has a valid commercial permit for
South Atlantic snapper-grouper, the sale or purchase of such fish is
limited to the bag limits specified in Sec. 622.39(d)(1).
(4) A warsaw grouper or speckled hind in or from the South Atlantic
EEZ may not be sold or purchased.
(e) South Atlantic wild live rock. Wild live rock in or from the
South Atlantic EEZ may not be sold or purchased. The prohibition on sale
or purchase does not apply to wild live rock that was harvested and
landed prior to January 1, 1996.
(f) South Atlantic golden crab. (1) A female golden crab in or from
the South Atlantic EEZ may not be sold or purchased.
(2) A golden crab harvested in the South Atlantic EEZ on board a
vessel that does not have a valid commercial permit for golden crab, as
required under Sec. 622.17(a), may not be sold or purchased.
(3) A golden crab harvested on board a vessel that has a valid
commercial permit for golden crab may be sold only to a dealer who has a
valid permit for golden crab, as required under Sec. 622.4(a)(4).
(4) A golden crab harvested in the South Atlantic EEZ may be
purchased by a dealer who has a valid permit for golden crab, as
required under Sec. 622.4(a)(4), only from a vessel that has a valid
commercial permit for golden crab.
(g) South Atlantic rock shrimp. (1) Rock shrimp harvested in the
South Atlantic EEZ on board a vessel that does not have a valid
commercial permit for rock shrimp, as required under
Sec. 622.4(a)(2)(viii), may not be transferred, received, sold, or
purchased.
(2) Rock shrimp harvested on board a vessel that has a valid
commercial permit for rock shrimp may be transferred or sold only to a
dealer who has a valid permit for rock shrimp, as required under
Sec. 622.4(a)(4).
(3) Rock shrimp harvested in the South Atlantic EEZ may be received
or purchased by a dealer who has a valid permit for rock shrimp, as
required under Sec. 622.4(a)(4), only from a vessel that has a valid
commercial permit for rock shrimp.
(h) Cut-off (damaged) king mackerel. A cut-off (damaged) king
mackerel lawfully possessed or offloaded ashore, as
[[Page 158]]
specified in Sec. 622.38(h), may not be sold or purchased.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43960, Aug. 27, 1996; 61
FR 47449, Sept. 9, 1996; 63 FR 10569, Mar. 4, 1998]
Sec. 622.46 Prevention of gear conflicts.
(a) No person may knowingly place in the Gulf EEZ any article,
including fishing gear, that interferes with fishing or obstructs or
damages fishing gear or the fishing vessel of another; or knowingly use
fishing gear in such a fashion that it obstructs or damages the fishing
gear or fishing vessel of another.
(b) In accordance with the procedures and restrictions of the FMP
for the Shrimp Fishery of the Gulf of Mexico, the RD may modify or
establish separation zones for shrimp trawling and the use of fixed gear
to prevent gear conflicts. Necessary prohibitions or restrictions will
be published in the Federal Register.
(c) In accordance with the procedures and restrictions of the FMP
for Coastal Migratory Pelagic Resources, when the RD determines that a
conflict exists in the king mackerel fishery between hook-and-line and
gillnet fishermen in the South Atlantic EEZ off the east coast of
Florida between 27 deg.00.6' N. lat. and 27 deg.50.0' N. lat., the RD
may prohibit or restrict the use of hook-and-line and/or gillnets in all
or a portion of that area. Necessary prohibitions or restrictions will
be published in the Federal Register.
Sec. 622.47 Gulf groundfish trawl fishery.
Gulf groundfish trawl fishery means fishing in the Gulf EEZ by a
vessel that uses a bottom trawl, the unsorted catch of which is ground
up for animal feed or industrial products.
(a) Other provisions of this part notwithstanding, the owner or
operator of a vessel in the Gulf groundfish trawl fishery is exempt from
the following requirements and limitations for the vessel's unsorted
catch of Gulf reef fish:
(1) The requirement for a valid commercial vessel permit for Gulf
reef fish in order to sell Gulf reef fish.
(2) Minimum size limits for Gulf reef fish.
(3) Bag limits for Gulf reef fish.
(4) The prohibition on sale of Gulf reef fish after a quota closure.
(b) Other provisions of this part notwithstanding, a dealer in a
Gulf state is exempt from the requirement for a dealer permit for Gulf
reef fish to receive Gulf reef fish harvested from the Gulf EEZ by a
vessel in the Gulf groundfish trawl fishery.
Sec. 622.48 Adjustment of management measures.
In accordance with the framework procedures of the applicable FMPs,
the RD may establish or modify the following management measures:
(a) Caribbean coral reef resources. Species for which management
measures may be specified; prohibited species; harvest limitations,
including quotas, trip, or daily landing limits; gear restrictions;
closed seasons or areas; and marine conservation districts.
(b) Caribbean reef fish. Size limits, closed seasons or areas, fish
trap mesh size, and the threshold level for overfishing.
(c) Coastal migratory pelagic fish. For cobia or for a migratory
group of king or Spanish mackerel: MSY, overfishing level, TAC, quota
(including a quota of zero), bag limit (including a bag limit of zero),
minimum size limit, vessel trip limits, closed seasons or areas, gear
restrictions (ranging from regulation to complete prohibition),
reallocation of the commercial/recreational allocation of Atlantic group
Spanish mackerel, and permit requirements.
(d) Gulf reef fish. (1) For a species or species group: Target date
for rebuilding an overfished species, TAC, bag limits, size limits,
vessel trip limits, closed seasons or areas, gear restrictions, and
quotas.
(2) SMZs and the gear restrictions applicable in each.
(e) Gulf royal red shrimp. MSY, OY, and TAC.
(f) South Atlantic snapper-grouper and wreckfish. For species or
species groups: Target dates for rebuilding overfished species, MSY,
ABC, TAC, quotas, trip limits, bag limits, minimum sizes, gear
restrictions (ranging from regulation to complete prohibition), and
seasonal or area closures.
(g) South Atlantic golden crab. MSY, ABC, TAC, quotas (including
quotas
[[Page 159]]
equal to zero), trip limits, minimum sizes, gear regulations and
restrictions, permit requirements, seasonal or area closures, time frame
for recovery of golden crab if overfished, fishing year (adjustment not
to exceed 2 months), observer requirements, and authority for the RD to
close the fishery when a quota is reached or is projected to be reached.
(h) South Atlantic shrimp. Certified BRDs and BRD specifications.
(i) Gulf shrimp. Bycatch reduction criteria, BRD certification and
decertification criteria, BRD testing protocol, certified BRDs, and BRD
specifications.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43960, Aug. 27, 1996; 62
FR 13988, Mar. 25, 1997; 62 FR 18539, Apr. 16, 1997; 63 FR 10569, Mar.
4, 1998; 63 FR 18144, Apr. 14, 1998]
Appendix A to Part 622--Species Tables
Table 1 of Appendix A to Part 622--Caribbean Coral Reef Resources
I. Sponges--Phylum Porifera
A. Demosponges--Class Demospongiae
Aphimedon compressa, Erect rope sponge
Chondrilla nucula, Chicken liver sponge
Cynachirella alloclada
Geodia neptuni, Potato sponge
Haliclona sp., Finger sponge
Myriastra sp.
Niphates digitalis, Pink vase sponge
N. erecta, Lavender rope sponge
Spinosella policifera
S. vaginalis
Tethya crypta
II. Coelenterates--Phylum Coelenterata
A. Hydrocorals--Class Hydrozoa
1. Hydroids--Order Athecatae
Family Milleporidae
Millepora spp., Fire corals
Family Stylasteridae
Stylaster roseus, Rose lace corals
B. Anthozoans--Class Anthozoa
1. Soft corals--Order Alcyonacea
Family Anthothelidae
Erythropodium caribaeorum, Encrusting gorgonian
Iciligorgia schrammi, Deepwater sea fan
Family Briaridae
Briareum asbestinum, Corky sea finger
Family Clavulariidae
Carijoa riisei
Telesto spp.
2. Gorgonian corals--Order Gorgonacea
Family Ellisellidae
Ellisella spp., Sea whips
Family Gorgoniidae
Gorgonia flabellum, Venus sea fan
G. mariae, Wide-mesh sea fan
G. ventalina, Common sea fan
Pseudopterogorgia acerosa, Sea plume
P. albatrossae
P. americana, Slimy sea plume
P. bipinnata, Bipinnate plume
P. rigida
Pterogorgia anceps, Angular sea whip
P. citrina, Yellow sea whip
Family Plexauridae
Eunicea calyculata, Warty sea rod
E. clavigera
E. fusca, Doughnut sea rod
E. knighti
E. laciniata
E. laxispica
E. mammosa, Swollen-knob
E. succinea, Shelf-knob sea rod
E. touneforti
Muricea atlantica
M. elongata, Orange spiny rod
M. laxa, Delicate spiny rod
M. muricata, Spiny sea fan
M. pinnata, Long spine sea fan
Muriceopsis sp.
M. flavida, Rough sea plume
M. sulphurea
Plexaura flexuosa, Bent sea rod
P. homomalla, Black sea rod
Plexaurella dichotoma, Slit-pore sea rod
P. fusifera
P. grandiflora
P. grisea
P. nutans, Giant slit-pore
Pseudoplexaura crucis
P. flagellosa
P. porosa, Porous sea rod
P. wagenaari
3. Hard Corals--Order Scleractinia
Family Acroporidae
Acropora cervicornis, Staghorn coral
A. palmata, Elkhorn coral
A. prolifera, Fused staghorn
Family Agaricidae
Agaricia agaricities, Lettuce leaf coral
A. fragilis, Fragile saucer
A. lamarcki, Lamarck's sheet
A. tenuifolia, Thin leaf lettuce
Leptoseris cucullata, Sunray lettuce
Family Astrocoeniidae
Stephanocoenia michelinii, Blushing star
Family Caryophyllidae
Eusmilia fastigiata, Flower coral
Tubastrea aurea, Cup coral
Family Faviidae
Cladocora arbuscula, Tube coral
Colpophyllia natans, Boulder coral
Diploria clivosa, Knobby brain coral
D. labyrinthiformis, Grooved brain
D. strigosa, Symmetrical brain
Favia fragum, Golfball coral
Manicina areolata, Rose coral
M. mayori, Tortugas rose coral
Montastrea annularis, Boulder star coral
M. cavernosa, Great star coral
Solenastrea bournoni, Smooth star coral
Family Meandrinidae
Dendrogyra cylindrus, Pillar coral
[[Page 160]]
Dichocoenia stellaris, Pancake star
D. stokesi, Elliptical star
Meandrina meandrites, Maze coral
Family Mussidae
Isophyllastrea rigida, Rough star coral
Isophyllia sinuosa, Sinuous cactus
Mussa angulosa, Large flower coral
Mycetophyllia aliciae, Thin fungus coral
M. danae, Fat fungus coral
M. ferox, Grooved fungus
M. lamarckiana, Fungus coral
Scolymia cubensis, Artichoke coral
S. lacera, Solitary disk
Family Oculinidae
Oculina diffusa, Ivory bush coral
Family Pocilloporidae
Madracis decactis, Ten-ray star coral
M. mirabilis, Yellow pencil
Family Poritidae
Porites astreoides, Mustard hill coral
P. branneri, Blue crust coral
P. divaricata, Small finger coral
P. porites, Finger coral
Family Rhizangiidae
Astrangia solitaria, Dwarf cup coral
Phyllangia americana, Hidden cup coral
Family Siderastreidae
Siderastrea radians, Lesser starlet
S. siderea, Massive starlet
4. Black Corals--Order Antipatharia
Antipathes spp., Bushy black coral
Stichopathes spp., Wire coral
5. Anemones--Order Actiniaria
Aiptasia tagetes, Pale anemone
Bartholomea annulata, Corkscrew anemone
Condylactis gigantea, Giant pink-tipped anemone
Hereractis lucida, Knobby anemone
Lebrunia spp., Staghorn anemone
Stichodactyla helianthus, Sun anemone
6. Colonial Anemones--Order Zoanthidea
Zoanthus spp., Sea mat
7. False Corals--Order Corallimorpharia
Discosoma spp. (formerly Rhodactis), False coral
Ricordia florida, Florida false coral
III. Annelid Worms--Phylum Annelida
A. Polychaetes--Class Polychaeta
Family Sabellidae, Feather duster worms
Sabellastarte spp., Tube worms
S. magnifica, Magnificent duster
Family Serpulidae
Spirobranchus giganteus, Christmas tree worm
IV. Mollusks--Phylum Mollusca
A. Gastropods--Class Gastropoda
Family Elysiidae
Tridachia crispata, Lettuce sea slug
Family Olividae
Oliva reticularis, Netted olive
Family Ovulidae
Cyphoma gibbosum, Flamingo tongue
Family Ranellidae
Charonia tritonis, Atlantic triton trumpet
Family Strombidae, Winged conchs
Strombus spp. (except Queen conch, S. gigas)
B. Bivalves--Class Bivalvia
Family Limidae
Lima spp., Fileclams
L. scabra, Rough fileclam
Family Spondylidae
Spondylus americanus, Atlantic thorny oyster
C. Cephalopods--Class Cephalopoda
1. Octopuses--Order Octopoda
Family Octopodidae
Octopus spp. (except the Common octopus, O. vulgaris)
V. Arthropods--Phylum Arthropoda
A. Crustaceans--Subphylum Crustacea
1. Decapods--Order Decapoda
Family Alpheidae
Alpheaus armatus, Snapping shrimp
Family Diogenidae
Paguristes spp., Hermit crabs
P. cadenati, Red reef hermit
Family Grapsidae
Percnon gibbesi, Nimble spray crab
Family Hippolytidae
Lysmata spp., Peppermint shrimp
Thor amboinensis, Anemone shrimp
Family Majidae, Coral crabs
Mithrax spp., Clinging crabs
M. cinctimanus, Banded clinging
M. sculptus, Green clinging
Stenorhynchus seticornis, Yellowline arrow
Family Palaemonida
Periclimenes spp., Cleaner shrimp
Family Squillidae, Mantis crabs
Gonodactylus spp.
Lysiosquilla spp.
Family Stenopodidae, Coral shrimp
Stenopus hispidus, Banded shrimp
S. scutellatus, Golden shrimp
VI. Bryozoans--Phylum Bryozoa
VII. Echinoderms--Phylum Echinodermata
A. Feather stars--Class Crinoidea
Analcidometra armata, Swimming crinoid
Davidaster spp., Crinoids
Nemaster spp., Crinoids
B. Sea stars--Class Asteroidea
Astropecten spp., Sand stars
Linckia guildingii, Common comet star
Ophidiaster guildingii, Comet star
Oreaster reticulatus, Cushion sea star
C. Brittle and basket stars--Class Ophiuroidea
Astrophyton muricatum, Giant basket star
Ophiocoma spp., Brittlestars
Ophioderma spp., Brittlestars
O. rubicundum, Ruby brittlestar
D. Sea Urchins--Class Echinoidea
Diadema antillarum, Long-spined urchin
Echinometra spp., Purple urchin
Eucidaris tribuloides, Pencil urchin
Lytechinus spp., Pin cushion urchin
Tripneustes ventricosus, Sea egg
E. Sea Cucumbers--Class Holothuroidea
Holothuria spp., Sea cucumbers
VIII. Chordates--Phylum Chordata
A. Tunicates--Subphylum Urochordata
IX. Green Algae--Phylum Chlorophyta
Caulerpa spp., Green grape algae
Halimeda spp., Watercress algae
[[Page 161]]
Penicillus spp., Neptune's brush
Udotea spp., Mermaid's fan
Ventricaria ventricosa, Sea pearls
X. Red Algae--Phylum Rhodophyta
XI. Sea grasses--Phylum Angiospermae
Halodule wrightii, Shoal grass
Halophila spp., Sea vines
Ruppia maritima, Widgeon grass
Syringodium filiforme, Manatee grass
Thalassia testudium, Turtle grass
Table 2 of Appendix A to Part 622-- Caribbean Reef Fish
Acanthuridae--Surgeonfishes
Ocean surgeonfish, Acanthurus bahianus
Doctorfish, Acanthurus chirurgus
Blue tang, Acanthurus coeruleus
Antennariidae--Frogfishes
Frogfish, Antennarius spp.
Apogonidae--Cardinalfishes
Flamefish, Apogon maculatus
Conchfish, Astrapogen stellatus
Aulostomidae--Trumpetfishes
Trumpetfish, Aulostomus maculatus
Balistidae--Leatherjackets
Scrawled filefish, Aluterus scriptus
Queen triggerfish, Balistes vetula
Whitespotted filefish, Cantherhines macrocerus
Ocean triggerfish, Canthidermis sufflamen
Black durgon, Melichthys niger
Sargassum triggerfish, Xanthichthys rigens
Blenniidae--Combtooth blennies
Redlip blenny, Ophioblennius atlanticus
Bothidae--Lefteye flounders
Peacock flounder, Bothus lunatus
Carangidae--Jacks
Yellow jack, Caranx bartholomaei
Blue runner, Caranx crysos
Horse-eye jack, Caranx latus
Black jack, Caranx lugubris
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
Almaco jack, Seriola rivoliana
Chaetodontidae--Butterflyfishes
Longsnout butterflyfish, Chaetodon aculeatus
Foureye butterflyfish, Chaetodon capistratus
Spotfin butterflyfish, Chaetodon ocellatus
Banded butterflyfish, Chaetodon striatus
Cirrhitidae--Hawkfishes
Redspotted hawkfish, Amblycirrhitus pinos
Dactylopteridae--Flying gurnards
Flying gurnard, Dactylopterus volitans
Ephippidae--Spadefishes
Atlantic spadefish, Chaetodipterus faber
Gobiidae--Gobies
Neon goby, Gobiosoma oceanops
Rusty goby, Priolepis hipoliti
Grammatidae--Basslets
Royal gramma, Gramma loreto
Haemulidae--Grunts
Porkfish, Anisotremus virginicus
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
French grunt, Haemulon flavolineatum
White grunt, Haemulon plumieri
Bluestriped grunt, Haemulon sciurus
Holocentridae--Squirrelfishes
Squirrelfish, Holocentrus adscensionis
Longspine squirrelfish, Holocentrus rufus
Blackbar soldierfish, Myripristis jacobus
Cardinal soldierfish, Plectrypops retrospinis
Labridae--Wrasses
Spanish hogfish, Bodianus rufus
Creole wrasse, Clepticus parrae
Yellowcheek wrasse, Halichoeres cyanocephalus
Yellowhead wrasse, Halichoeres garnoti
Clown wrasse, Halichoeres maculipinna
Puddingwife, Halichoeres radiatus
Pearly razorfish, Hemipteronotus novacula
Green razorfish, Hemipteronotus splendens
Hogfish, Lachnolaimus maximus
Bluehead wrasse, Thalassoma bifasciatum
Lutjanidae--Snappers
Black snapper, Apsilus dentatus
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Schoolmaster, Lutjanus apodus
Blackfin snapper, Lutjanus buccanella
Gray snapper, Lutjanus griseus
Dog snapper, Lutjanus jocu
Mahogany snapper, Lutjanus mahogani
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Wenchman, Pristipomoides aquilonaris
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Blackline tilefish, Caulolatilus cyanops
Sand tilefish, Malacanthus plumieri
Mullidae--Goatfishes
Yellow goatfish, Mulloidichthys martinicus
Spotted goatfish, Pseudupeneus maculatus
Muraenidae--Morays
Chain moray, Echidna catenata
Green moray, Gymnothorax funebris
Goldentail moray, Gymnothorax miliaris
Ogcocephalidae--Batfishes
Batfish, Ogcocepahalus spp.
Ophichthidae--Snake eels
Goldspotted eel, Myrichthys ocellatus
Opistognathidae--Jawfishes
Yellowhead jawfish, Opistognathus aurifrons
Dusky jawfish, Opistognathus whitehursti
Ostraciidae--Boxfishes
Spotted trunkfish, Lactophrys bicaudalis
Honeycomb cowfish, Lactophrys polygonia
Scrawled cowfish, Lactophrys quadricornis
Trunkfish, Lactophrys trigonus
Smooth trunkfish, Lactophrys triqueter
Pomacanthidae--Angelfishes
Cherubfish, Centropyge argi
Queen angelfish, Holacanthus ciliaris
Rock beauty, Holacanthus tricolor
Gray angelfish, Pomacanthus arcuatus
French angelfish, Pomacanthus paru
Pomacentridae--Damselfishes
Sergeant major, Abudefduf saxatilis
Blue chromis, Chromis cyanea
Sunshinefish, Chromis insolata
[[Page 162]]
Yellowtail damselfish, Microspathodon chrysurus
Dusky damselfish, Pomacentrus fuscus
Beaugregory, Pomacentrus leucostictus
Bicolor damselfish, Pomacentrus partitus
Threespot damselfish, Pomacentrus planifrons
Priacanthidae--Bigeyes
Bigeye, Priacanthus arenatus
Glasseye snapper, Priacanthus cruentatus
Scaridae--Parrotfishes
Midnight parrotfish, Scarus coelestinus
Blue parrotfish, Scarus coeruleus
Striped parrotfish, Scarus croicensis
Rainbow parrotfish, Scarus guacamaia
Princess parrotfish, Scarus taeniopterus
Queen parrotfish, Scarus vetula
Redband parrotfish, Sparisoma aurofrenatum
Redtail parrotfish, Sparisoma chrysopterum
Redfin parrotfish, Sparisoma rubripinne
Stoplight parrotfish, Sparisoma viride
Sciaenidae--Drums
High-hat, Equetus acuminatus
Jackknife-fish, Equetus lanceolatus
Spotted drum, Equetus punctatus
Scorpaenidae--Scorpionfishes
Serranidae--Sea basses
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Yellowedge grouper, Epinephelus flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Jewfish, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Nassau Grouper, Epinephelus striatus
Butter hamlet, Hypoplectrus unicolor
Swissguard basslet, Liopropoma rubre
Yellowfin grouper, Mycteroperca venenosa
Tiger grouper, Mycteroperca tigris
Creole-fish, Paranthias furcifer
Greater soapfish, Rypticus saponaceus
Orangeback bass, Serranus annularis
Lantern bass, Serranus baldwini
Tobaccofish, Serranus tabacarius
Harlequin bass, Serranus tigrinus
Chalk bass, Serranus tortugarum
Soleidae--Soles
Caribbean tonguefish, Symphurus arawak
Sparidae--Porgies
Sea bream, Archosargus rhomboidalis
Jolthead porgy, Calamus bajonado
Sheepshead porgy, Calamus penna
Pluma, Calamus pennatula
Syngnathidae--Pipefishes
Seahorses, Hippocampus spp.
Pipefishes, Syngnathus spp.
Synodontidae--Lizardfishes
Sand diver, Synodus intermedius
Tetraodontidae--Puffers
Sharpnose puffer, Canthigaster rostrata
Porcupinefish, Diodon hystrix
Table 3 of Appendix A to Part 622--Gulf Reef Fish
Balistidae--Triggerfishes
Gray triggerfish, Balistes capriscus
Queen triggerfish, Balistes vetula
Carangidae--Jacks
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Labridae--Wrasses
Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Schoolmaster, Lutjanus apodus
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray (mangrove) snapper, Lutjanus griseus
Dog snapper, Lutjanus jocu
Mahogany snapper, Lutjanus mahogoni
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Wenchman, Pristipomoides aquilonaris
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Goldface tilefish, Caulolatilus chrysops
Blackline tilefish, Caulolatilus cyanops
Anchor tilefish, Caulolatilus intermedius
Blueline tilefish, Caulolatilus microps
Tilefish, Lopholatilus chamaeleonticeps
Serranidae--Groupers
Dwarf sand perch, Diplectrum bivittatum
Sand perch, Diplectrum formosum
Rock hind, Epinephelus adscensionis
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Red hind, Epinephelus guttatus
Jewfish, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Nassau grouper, Epinephelus striatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa
Table 4 of Appendix A to Part 622--South Atlantic Snapper-Grouper
Balistidae--Triggerfishes
Gray triggerfish, Balistes capriscus
Queen triggerfish, Balistes vetula
Ocean triggerfish, Canthidermis sufflamen
Carangidae--Jacks
Yellow jack, Caranx bartholomaei
Blue runner, Caranx crysos
Crevalle jack, Caranx hippos
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
[[Page 163]]
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Ephippidae--Spadefishes
Spadefish, Chaetodipterus faber
Haemulidae--Grunts
Black margate, Anisotremus surinamensis
Porkfish, Anisotremus virginicus
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
Smallmouth grunt, Haemulon chrysargyreum
French grunt, Haemulon flavolineatum
Spanish grunt, Haemulon macrostomum
Cottonwick, Haemulon melanurum
Sailors choice, Haemulon parrai
White grunt, Haemulon plumieri
Blue stripe grunt, Haemulon sciurus
Labridae--Wrasses
Hogfish, Lachnolaimus maximus
Puddingwife, Halichoeres radiatus
Lutjanidae--Snappers
Black snapper, Apsilus dentatus
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Schoolmaster, Lutjanus apodus
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray snapper, Lutjanus griseus
Mahogany snapper, Lutjanus mahogoni
Dog snapper, Lutjanus jocu
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Blueline tilefish, Caulolatilus microps
Golden tilefish, Lopholatilus chamaeleonticeps
Sand tilefish, Malacanthus plumieri
Percichthyidae--Temperate basses
Wreckfish, Polyprion americanus
Serranidae--Sea Basses and Groupers
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Black sea bass, Centropristis striata
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Jewfish, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Nassau grouper, Epinephelus striatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Tiger grouper, Mycteroperca tigris
Yellowfin grouper, Mycteroperca venenosa
Sparidae--Porgies
Sheepshead, Archosargus probatocephalus
Grass porgy, Calamus arctifrons
Jolthead porgy, Calamus bajonado
Saucereye porgy, Calamus calamus
Whitebone porgy, Calamus leucosteus
Knobbed porgy, Calamus nodosus
Red porgy, Pagrus pagrus
Longspine porgy, Stenotomus caprinus
Scup, Stenotomus chrysops
[61 FR 34934, July 3, 1996, as amended at 62 FR 13988, Mar. 25, 1997; 62
FR 67723, Dec. 30, 1997]
Appendix B to Part 622--Gulf Areas
Table 1 of Appendix B to Part 622.--Seaward Coordinates of the Longline
and Buoy Gear Restricted Area
------------------------------------------------------------------------
Point No. and reference location
\1\ North lat. West long.
------------------------------------------------------------------------
1 Seaward limit of Florida's 24 deg.48.0' 82 deg.48.0'
waters north of Dry Tortugas.....
2 North of Rebecca Shoal........ 25 deg.07.5' 82 deg.34.0'
3 Off Sanibel Island--Offshore.. 26 deg.26.0' 82 deg.59.0'
4 West of Egmont Key............ 27 deg.30.0' 83 deg.21.5'
5 Off Anclote Keys--Offshore.... 28 deg.10.0' 83 deg.45.0'
6 Southeast corner of Florida 28 deg.11.0' 84 deg.00.0'
Middle Ground....................
7 Southwest corner of Florida 28 deg.11.0' 84 deg.07.0'
Middle Ground....................
8 West corner of Florida Middle 28 deg.26.6' 84 deg.24.8'
Ground...........................
9 Northwest corner of Florida 28 deg.42.5' 84 deg.24.8'
Middle Ground....................
10 South of Carrabelle........... 29 deg.05.0' 84 deg.47.0'
11 South of Cape St. George...... 29 deg.02.5' 85 deg.09.0'
12 South of Cape San Blas lighted 29 deg.21.0' 85 deg.30.0'
bell buoy--20 fathoms............
13 South of Cape San Blas lighted 28 deg.58.7' 85 deg.30.0'
bell buoy--50 fathoms............
14 De Soto Canyon................ 30 deg.06.0' 86 deg.55.0'
15 South of Pensacola............ 29 deg.46.0' 87 deg.19.0'
16 South of Perdido Bay.......... 29 deg.29.0' 87 deg.27.5'
17 East of North Pass of the 29 deg.14.5' 88 deg.28.0'
Mississippi River................
18 South of Southwest Pass of the 28 deg.46.5' 89 deg.26.0'
Mississippi River................
19 Northwest tip of Mississippi 28 deg.38.5' 90 deg.08.5'
Canyon...........................
20 West side of Mississippi 28 deg.34.5' 89 deg.59.5'
Canyon...........................
21 South of Timbalier Bay........ 28 deg.22.5' 90 deg.02.5'
22 South of Terrebonne Bay....... 28 deg.10.5' 90 deg.31.5'
23 South of Freeport............. 27 deg.58.0' 95 deg.00.0'
[[Page 164]]
24 Off Matagorda Island.......... 27 deg.43.0' 96 deg.02.0'
25 Off Aransas Pass.............. 27 deg.30.0' 96 deg.23.5'
26 Northeast of Port Mansfield... 27 deg.00.0' 96 deg.39.0'
27 East of Port Mansfield........ 26 deg.44.0' 96 deg.37.5'
28 Northeast of Port Isabel...... 26 deg.22.0' 96 deg.21.0'
29 U.S./Mexico EEZ boundary...... 26 deg.00.5' 96 deg.24.5'
Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of
Texas' waters.
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
submarine area.
Table 2 of Appendix B to Part 622.--Seaward Coordinates of the Stressed
Area
------------------------------------------------------------------------
Point No. and reference location
\1\ North lat. West long.
------------------------------------------------------------------------
1 Seaward limit of Florida's 24 deg.45.5' 82 deg.41.5'
waters northeast of Dry Tortugas.
2 North of Marquesas Keys........ 24 deg.48.0' 82 deg.06.5'
3 Off Cape Sable................. 25 deg.15.0' 82 deg.02.0'
4 Off Sanibel Island--Inshore.... 26 deg.26.0' 82 deg.29.0'
5 Off Sanibel Island--Offshore... 26 deg.26.0' 82 deg.59.0'
6 West of Egmont Key............. 27 deg.30.0' 83 deg.21.5'
7 Off Anclote Keys--Offshore..... 28 deg.10.0' 83 deg.45.0'
8 Off Anclote Keys--Inshore...... 28 deg.10.0' 83 deg.14.0'
9 Off Deadman Bay................ 29 deg.38.0' 84 deg.00.0'
10 Seaward limit of Florida's 29 deg.35.5' 84 deg.38.6'
waters east of Cape St. George...
Thence westerly along the seaward
limit of Florida's waters to:
11 Seaward limit of Florida's 29 deg.32.2' 85 deg.27.1'
waters south of Cape San Blas....
12 Southwest of Cape San Blas.... 29 deg.30.5' 85 deg.52.0'
13 Off St. Andrew Bay............ 29 deg.53.0' 86 deg.10.0'
14 De Soto Canyon................ 30 deg.06.0' 86 deg.55.0'
15 South of Florida/Alabama 29 deg.34.5' 87 deg.38.0'
border...........................
16 Off Mobile Bay................ 29 deg.41.0' 88 deg.00.0'
17 South of Alabama/Mississippi 30 deg.01.5' 88 deg.23.7'
border...........................
18 Horn/Chandeleur Islands....... 30 deg.01.5' 88 deg.40.5'
19 Chandeleur Islands............ 29 deg.35.5' 88 deg.37.0'
20 Seaward limit of Louisiana's 29 deg.16.3' 89 deg.00.0'
waters off North Pass of the
Mississippi River................
Thence southerly and westerly
along the seaward limit of
Louisiana's waters to:
21 Seaward limit of Louisiana's 28 deg.57.3' 89 deg.28.2'
waters off Southwest Pass of the
Mississippi River................
22 Southeast of Grand Isle....... 29 deg.09.0' 89 deg.47.0'
23 Quick flashing horn buoy south 28 deg.32.5' 90 deg.42.0'
of Isles Dernieres...............
24 Southeast of Calcasieu Pass... 29 deg.10.0' 92 deg.37.0'
25 South of Sabine Pass--10 29 deg.09.0' 93 deg.41.0'
fathoms..........................
26 South of Sabine Pass--30 28 deg.21.5' 93 deg.28.0'
fathoms..........................
27 East of Aransas Pass.......... 27 deg.49.0' 96 deg.19.5'
28 East of Baffin Bay............ 27 deg.12.0' 96 deg.51.0'
29 Northeast of Port Mansfield... 26 deg.46.5' 96 deg.52.0'
30 Northeast of Port Isabel...... 26 deg.21.5' 96 deg.35.0'
31 U.S./Mexico EEZ boundary...... 26 deg.00.5' 96 deg.36.0'
Thence westerly along U.S./Mexico
EEZ boundary to the seaward limit
of Texas' waters ................
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
submarine area.
Appendix C to Part 622--Fish Length Measurements
[[Page 165]]
[GRAPHIC] [TIFF OMITTED] TR03JY96.000
Figure 1 of Appendix C to Part 622--Carapace Length
[[Page 166]]
[GRAPHIC] [TIFF OMITTED] TR03JY96.001
Figure 2 of Appendix C to Part 622--Fork Length, Total Length, and
Length for Deheaded Greater Amberjack
[[Page 167]]
Appendix D to Part 622--Specifications for Certified BRDs
A. Extended Funnel.
1. Description. The extended funnel BRD consists of an extension
with large-mesh webbing in the center (the large-mesh escape section)
and small-mesh webbing on each end held open by a semi-rigid hoop. A
funnel of small-mesh webbing is placed inside the extension to form a
passage for shrimp to the codend. It also creates an area of reduced
water flow to allow for fish escapement through the large mesh. One side
of the funnel is extended vertically to form a lead panel and area of
reduced water flow. There are two sizes of extended funnel BRDs, a
standard size and an inshore size for small trawls.
2. Minimum Construction and Installation Requirements for Standard
Size.
(a) Extension Material. The small-mesh sections used on both sides
of the large-mesh escape section are constructed of 1\5/8\ inch (4.13
cm), No. 30 stretched mesh, nylon webbing. The front section is 120
meshes around by 6\1/2\ meshes deep. The back section is 120 meshes
around by 23 meshes deep.
(b) Large-Mesh Escape Section. The large-mesh escape section is
constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, webbing.
This section is cut on the bar to form a section that is 15 inches (38.1
cm) in length by 95 inches (241.3 cm) in circumference. The leading edge
is attached to the 6\1/2\-mesh extension section and the rear edge is
attached to the 23-mesh extension section.
(c) Funnel. The funnel is constructed of 1\1/2\ inch (3.81 cm),
stretched mesh, No. 30 depth-stretched and heat-set polyethylene
webbing. The circumference of the leading edge is 120 meshes and the
back edge is 78 meshes. The short side of the funnel is 34 to 36 inches
(86.4 to 91.4 cm) long and the opposite side of the funnel extends an
additional 22 to 24 inches (55.9 to 61.0 cm). The circumference of the
leading edge of the funnel is attached to the forward small-mesh section
three meshes forward of the large-mesh escape section and is evenly
sewn, mesh for mesh, to the small-mesh section. The after edge of the
funnel is attached to the after small-mesh section at its top and bottom
eight meshes back from the large-mesh escape panel. Seven meshes of the
top and seven meshes of the bottom of the funnel are attached to eight
meshes at the top and bottom of the small-mesh section, such eight
meshes being located immediately adjacent to the top and bottom centers
of the small-mesh section on the side of the funnel's extended side. The
extended side of the funnel is sewn at its top and bottom to the top and
bottom of the small-mesh section, extending at an angle toward the top
and bottom centers of the small-mesh section.
(d) Semi-Rigid Hoop. A 30-inch (76.2-cm) diameter hoop constructed
of plastic-coated trawl cable, swaged together with a \3/8\-inch (9.53-
mm) micropress sleeve, is installed five meshes behind the trailing edge
of the large-mesh escape section. The extension webbing must be laced to
the ring around the entire circumference and must be equally distributed
on the hoop, that is, 30 meshes must be evenly attached to each
quadrant.
(e) Installation. The extended funnel BRD is attached 8 inches (20.3
cm) behind the posterior edge of the TED. If it is attached behind a
soft TED, a second semi-rigid hoop, as prescribed in paragraph A.2.(d),
must be installed in the front section of the BRD extension webbing at
the leading edge of the funnel. The codend of the trawl net is attached
to the trailing edge of the BRD.
3. Minimum Construction and Installation Requirements for Inshore
Size.
(a) Extension Material. The small-mesh sections used on both sides
of the large-mesh escape section are constructed of 1\3/8\ inch (3.5
cm), No. 18 stretched mesh, nylon webbing. The front section is 120
meshes around by 6\1/2\ meshes deep. The back section is 120 meshes
around by 23 meshes deep.
(b) Large-Mesh Escape Section. The large-mesh escape section is
constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, webbing.
This section is cut on the bar to form a section that is 15 inches (38.1
cm) by 75 inches (190.5 cm) in circumference. The leading edge is
attached to the 6\1/2\-mesh extension section and the rear edge is
attached to the 23-mesh extension section.
(c) Funnel. The funnel is constructed of 1\3/8\ inch (3.5 cm),
stretched mesh, No. 18 depth-stretched and heat-set polyethylene
webbing. The circumference of the leading edge is 120 meshes and the
back edge is 78 meshes. The short side of the funnel is 30 to 32 inches
(76.2 to 81.3 cm) long and the opposite side of the funnel extends an
additional 20 to 22 inches (50.8 to 55.9 cm). The circumference of the
leading edge of the funnel is attached to the forward small-mesh section
three meshes forward of the large-mesh escape section and is evenly
sewn, mesh for mesh, to the small-mesh section. The after edge of the
funnel is attached to the after small-mesh section at its top and bottom
eight meshes back from the large-mesh escape panel. Seven meshes of the
top and seven meshes of the bottom of the funnel are attached to eight
meshes at the top and bottom of the small-mesh section, such eight
meshes being located immediately adjacent to the top and bottom centers
of the small-mesh section on the side of the funnel's extended side. The
extended side of the funnel is sewn at its top and bottom to the top and
bottom of the small-mesh section, extending at an angle toward the top
and bottom centers of the small-mesh section.
[[Page 168]]
(d) Semi-Rigid Hoop. A 24-inch (61.0-cm) diameter hoop constructed
of plastic-coated trawl cable, swaged together with a \3/8\-inch (9.53-
mm) micropress sleeve, is installed five meshes behind the trailing edge
of the large mesh section. The extension webbing must be laced to the
ring around the entire circumference and must be equally distributed on
the hoop, that is, 30 meshes must be evenly attached to each quadrant.
(e) Installation. The extended funnel BRD is attached 8 inches (20.3
cm) behind the posterior edge of the TED. If it is attached behind a
soft TED, a second semi-rigid hoop, as prescribed in paragraph A.3.(d),
must be installed in the front section of the BRD extension webbing at
the leading edge of the funnel. The codend of the trawl net is attached
to the trailing edge of the BRD.
B. Expanded Mesh. The expanded mesh BRD is constructed and installed
exactly the same as the standard size extended funnel BRD, except that
one side of the funnel is not extended to form a lead panel.
C. Fisheye.
1. Description. The fisheye BRD is a cone-shaped rigid frame
constructed from aluminum or steel rod of at least \1/4\ inch diameter,
which is inserted into the codend to form an escape opening. Fisheyes of
several different shapes and sizes have been tested in different
positions in the codend.
2. Minimum Construction and Installation Requirements. The fisheye
has a minimum opening dimension of 5 inches (12.7 cm) and a minimum
total opening area of 36 square inches (91.4 square cm). The fisheye
must be installed at the top center of the codend of the trawl to create
an opening in the trawl facing in the direction of the mouth of the
trawl no further forward than 11 ft (3.4 m) from the codend drawstring
(tie-off rings) or 70 percent of the distance between the codend
drawstring and the forward edge of the codend, excluding any extension,
whichever is the shorter distance.
[62 FR 18539, Apr. 16, 1997]
Effective Date Note: At 63 FR 27500, May 19, 1998, Appendix D to
part 622 was amended by adding paragraphs D and E, effective May 14,
1998, through Nov. 16, 1998. For the convenience of the user, paragraphs
D and E are set forth as follows:
Appendix D to Part 622--Specifications for Certified BRDs
* * * * *
D. Gulf fisheye.
1. Description. The Gulf fisheye BRD is a cone-shaped rigid frame
constructed from aluminum or steel that is inserted into the top center
of the codend, or is offset not more than 15 meshes perpendicular to the
top center of the codend, to form an escape opening.
2. Minimum Construction and Installation Requirements. The Gulf
fisheye is a cone-shaped rigid frame constructed of aluminum or steel
rods. The rods must be at least 1/4-inch (6.35-mm) diameter. Any
dimension of the escape opening must be at least 5.0 inches (12.7 cm),
and the total escape opening area must be at least 36.0 in2
(232.3 cm2). The Gulf fisheye must be installed in the codend
of the trawl to create an escape opening in the trawl, facing in the
direction of the mouth of the trawl, no further forward than 12.5 ft
(3.81 m) and no less than 8.5 ft (2.59 m) from the codend tie-off rings.
The Gulf fisheye may not be offset more than 15 meshes perpendicular to
the top center of the codend.
E. Jones-Davis.
1. Description. The Jones-Davis BRD is similar to the expanded mesh
and the extended funnel BRDs except that the fish escape openings are
windows cut around the funnel rather than large-mesh sections. In
addition, a webbing cone fish deflector is installed behind the funnel.
2. Minimum Construction and Installation Requirements. The Jones-
Davis BRD must contain all of the following.
(a) Webbing extension. The webbing extension must be constructed
from a single piece of 1 5/8-inch (3.5-cm) stretch mesh number 30 nylon
42 meshes by 120 meshes. A tube is formed from the extension webbing by
sewing the 42-mesh side together.
(b) 28-inch (71.1-cm) cable hoop. A single hoop must be constructed
of \1/2\-inch (1.3-cm) steel cable 88 inches (223.5 cm) in length. The
cable must be joined at its ends by a 3-inch (7.6-cm) piece of \1/2\-
inch (1.3-cm) aluminum pipe and pressed with a 3/8-inch (0.95-cm) die to
form a hoop. The inside diameter of this hoop must be between 27 and 29
inches (68.6 and 73.7 cm). The hoop must be attached to the extension
webbing 17 \1/2\ meshes behind the leading edge. The extension webbing
must be quartered and attached in four places around the hoop, and every
other mesh must be attached all the way around the hoop using number 24
twine or larger. The hoop must be laced with 3/8-inch (0.95-cm)
polypropylene or polyethylene rope for chaffing.
(c) 24-inch (61.0-cm) cable hoop. A single hoop must be constructed
of 3/8-inch (0.95-cm) steel cable 75 \1/2\ inches (191.8 cm) in length.
The cable must be joined at its ends by a 3-inch (7.6-cm) piece of 3/8-
inch (0.95-cm) aluminum pipe and pressed together with a 1/4-inch (0.64-
cm) die to form a hoop. The inside diameter of this hoop must be between
23 and 25 inches (58.4 and 63.4 cm). The hoop must be attached to the
extension webbing 39 meshes behind the leading edge. The extension
webbing must be quartered and attached in four places around the hoop,
and every other mesh must be attached all the
[[Page 169]]
way around the hoop using number 24 twine or larger. The hoop must be
laced with 3/8-inch (0.95-cm) polypropylene or polyethylene rope for
chaffing.
(d) Funnel. The funnel must be constructed from four sections of 1
\1/2\-inch (3.8-cm) heat-set and depth-stretched polypropylene or
polyethylene webbing. The two side sections must be rectangular in
shape, 29 \1/2\ meshes on the leading edge by 23 meshes deep. The top
and bottom sections are 29 \1/2\ meshes on the leading edge by 23 meshes
deep and tapered 1 point 2 bars on both sides down to 8 meshes across
the back. The four sections must be sewn together down the 23-mesh edge
to form the funnel.
(e) Attachment of the funnel in the webbing extension. The funnel
must be installed two meshes behind the leading edge of the extension
starting at the center seam of the extension and the center mesh of the
funnel's top section leading edge. On the same row of meshes, the funnel
must be sewn evenly all the way around the inside of the extension. The
funnel's top and bottom back edges must be attached one mesh behind the
28-inch (71.1-cm) cable hoop (front hoop). Starting at the top center
seam, the back edge of the top funnel section must be attached four
meshes each side of the center. Counting around 60 meshes from the top
center, the back edge of the bottom section must be attached 4 meshes on
each side of the bottom center. Clearance between the side of the funnel
and the 28-inch (71.1-cm) cable hoop (front hoop) must be at least 6
inches (15.2 cm) when measured in the hanging position.
(f) Cutting the escape openings. The leading edge of the escape
opening must be located within 18 inches (45.7 cm) of the posterior edge
of the turtle excluder device (TED) grid. The area of the escape opening
must total at least 864 in2 (5,574.2 cm2). Two
escape openings 10 meshes wide by 13 meshes deep must be cut 6 meshes
apart in the extension webbing, starting at the top center extension
seam, 3 meshes back from the leading edge and 16 meshes to the left and
to the right (total of four openings). The four escape openings must be
double selvaged for strength.
(g) Cone fish deflector. The cone fish deflector is constructed of 2
pieces of 1 5/8-inch (4.13-cm) polypropylene or polyethylene webbing, 40
meshes wide by 20 meshes in length and cut on the bar on each side
forming a triangle. Starting at the apex of the two triangles, the two
pieces must be sewn together to form a cone of webbing. The apex of the
cone fish deflector must be positioned within 10-14 inches (25.4-35.6
cm) of the posterior edge of the funnel.
(h) 11-inch (27.9-cm) cable hoop for cone deflector. A single hoop
must be constructed of 5/16-inch (0.79-cm)or 3/8-inch (0.95-cm) cable 34
\1/2\ inches (87.6 cm) in length. The ends must be joined by a 3-inch
(7.6-cm) piece of 3/8-inch (0.95-cm) aluminum pipe pressed together with
a 1/4-inch (0.64-cm) die. The hoop must be inserted in the webbing cone,
attached 10 meshes from the apex and laced all the way around with heavy
twine.
(i) Installation of the cone in the extension. The cone must be
installed in the extension 12 inches (30.5 cm) behind the back edge of
the funnel and attached in four places. The midpoint of a piece of
number 60 twine 4 ft (1.22 m) in length must be attached to the apex of
the cone. This piece of twine must be attached to the 28-inch (71.1-cm)
cable hoop at the center of each of its sides; the points of attachment
for the two pieces of twine must be measured 20 inches (50.8 cm) from
the midpoint attachment. Two 8-inch (20.3-cm) pieces of number 60 twine
must be attached to the top and bottom of the 11-inch (27.9-cm) cone
hoop. The opposite ends of these two pieces of twine must be attached to
the top and bottom center of the 24-inch (61-cm) cable hoop; the points
of attachment for the two pieces of twine must be measured 4 inches
(10.2 cm) from the points where they are tied to the 11-inch (27.9-cm)
cone hoop.
PART 630--ATLANTIC SWORDFISH FISHERY--Table of Contents
Subpart A--General Provisions
Sec.
630.1 Purpose and scope.
630.2 Definitions.
630.3 Relation to other laws.
630.4 Permits and fees.
630.5 Recordkeeping and reporting.
630.6 Vessel identification.
630.7 Prohibitions.
630.8 Facilitation of enforcement.
630.9 Penalties.
630.10 At-sea observer coverage.
Subpart B--Management Measures
630.20 Fishing year.
630.21 Restrictions on transfer, offloading, and sale.
630.22 Gear restrictions.
630.23 Harvest limitations.
630.24 Quotas.
630.25 Closures and incidental limits.
630.26 Specifically authorized activities.
Subpart C--Restrictions on Swordfish Imports
630.40 Applicability.
Subpart D--Donation Program
630.50 Purpose.
630.51 Participation.
630.52 Termination.
[[Page 170]]
Figures--Part 630
Figure 1--Cleithrum to keel (CK) measurement of swordfish.
Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 971 et seq.
Source: 50 FR 33956, Aug. 22, 1985, unless otherwise noted.
Subpart A--General Provisions
Sec. 630.1 Purpose and scope.
(a) The purpose of this part is to implement--
(1) The Fishery Management Plan for the Atlantic Swordfish Fishery
under the Magnuson Act; and
(2) The recommendations of the International Commission for the
Conservation of Atlantic Tunas, as they relate to conservation and
management of swordfish, under the Atlantic Tunas Convention Act.
(b) This part governs the conservation and management of the North
Atlantic and South Atlantic swordfish stocks.
(c) Regulations governing fishing by vessels other than vessels of
the United States shoreward of the outer boundary of the EEZ are
published at 50 CFR part 611 subpart A, and Secs. 611.60 and 611.61.
[56 FR 65016, Dec. 13, 1991, as amended at 62 FR 55361, Oct. 24, 1997]
Sec. 630.2 Definitions.
In addition to the definitions in the Magnuson Act and in Sec. 620.2
of this chapter, the terms used in this part have the following
meanings:
Carcass or dressed means a fish that has been gutted and the head
and fins have been removed, but is otherwise in whole condition.
Dealer means the person who first receives from a fishing vessel, by
way of purchase, barter, or trade, swordfish harvested from the Atlantic
Ocean.
Drift gillnet, sometimes called a drift entanglement net or drift
net, means a flat net, unattached to the ocean bottom, whether or not it
is attached to a vessel, designed to be suspended vertically in the
water to entangle the head or other body parts of fish that attempt to
pass through the meshes.
Gangion means one of the lines that bear hooks and which is attached
at intervals along the main line of a longline. (Synonymous with
leader.)
Handline gear means a fishing line set and pulled by hand that
remains attached to a fishing vessel during fishing.
Land or landed means to arrive in port or at a dock, berth, beach,
seawall, or ramp.
North Atlantic swordfish stock means those swordfish in the Atlantic
Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5 deg.
N. lat.
Pelagic longline means a type of fishing gear consisting of a length
of line suspended horizontally in the water above the bottom from lines
attached to surface floats and to which gangions and hooks are attached.
Recreational fishery means the harvest of swordfish from a vessel
with only rod and reel fishing gear aboard.
Regional Director means the Director, Southeast Region, NMFS, 9721
Executive Center Drive North, St. Petersburg, FL 33702-2432; telephone
813-570-5301, or a designee.
Rod and reel means a hand-held (including rod-holder) fishing rod
with a manually or electrically operated reel attached.
Science and Research Director means the Science and Research
Director, Southeast Fisheries Science Center, NMFS, 75 Virginia Beach
Drive, Miami, FL 33149, telephone 305-361-5761, or a designee.
South Atlantic swordfish stock means those swordfish in the Atlantic
Ocean, south of 5 deg. N. lat.
Swordfish means a fish of the species Xiphias gladius.
Trip means a fishing trip, regardless of number of days duration,
that begins with departure from a port, dock, berth, beach, seawall, or
ramp and that terminates with return to a port, dock, berth, beach,
seawall, or ramp.
Trip limit means the total allowable take from a single trip as
defined in this section.
Whole, when referring to swordfish, means a fish that is not gutted
and the head and fins are intact.
[50 FR 33956, Aug. 22, 1985; 50 FR 35563, Sept. 3, 1985, as amended at
53 FR 24655, June 29, 1988; 53 FR 27694, July 22, 1988; 55 FR 35645,
Aug. 31, 1990; 56 FR 65016, Dec. 13, 1991; 60 FR 46778, Sept. 8, 1995;
62 FR 55361, Oct. 24, 1997]
[[Page 171]]
Sec. 630.3 Relation to other laws.
(a) The relation of this part to other laws is set forth in
Sec. 620.3 of this chapter and paragraph (b) of this section.
(b) In accordance with regulations issued under the Marine Mammal
Protection Act of 1972, as amended, it is unlawful for a commercial
fishing vessel, a vessel owner, or a master or operator of a vessel to
engage in a longline or gillnet swordfish fishery in the Atlantic Ocean
(including the Gulf of Mexico and Caribbean Sea) unless the vessel owner
or authorized representative has complied with specified requirements
including, but not limited to, registration, exemption certificates,
decals, and reports, as contained in 50 CFR part 229.
[56 FR 59222, Nov. 25, 1991]
Sec. 630.4 Permits and fees.
(a) Applicability--(1) Annual vessel permit. The owner of a vessel
of the United States that fishes for or possesses swordfish from the
north or south Atlantic swordfish stocks, or takes such swordfish as
incidental catch, regardless of whether retained, must have been issued
a valid swordfish vessel permit under paragraph (e) of this section
unless such vessel fishes exclusively in the recreational fishery and/or
fishes exclusively shoreward of the outer boundary of the EEZ around
Puerto Rico and the Virgin Islands with only handline gear on board.
(2) Annual dealer permit. A dealer in the United States who first
receives from a vessel of the United States swordfish harvested from the
north or south Atlantic swordfish stocks must have been issued a valid
dealer permit under paragraph (e) of this section.
(b) Application for an annual vessel permit. (1) An application for
an annual vessel permit under this section must be signed by the owner
and submitted to the Regional Director. The application must be
submitted at least 30 days prior to the date on which the applicant
desires to have the permit made effective. An application form is
available from the Regional Director and must contain the following
information:
(i) Vessel owner's name, mailing address, and telephone number;
(ii) If the vessel owner is a corporation or a partnership, the
names, addresses, and dates of birth of the two principal shareholders
or partners;
(iii) Vessel's name, official number, home port, net tonnage,
length, and type and amount of gear used;
(iv) Any other information concerning vessel and gear
characteristics requested by the Regional Director; and
(v) Any other information requested by the Regional Director that
may be necessary for the issuance or administration of the permit.
(2) The application must be accompanied by a copy of the vessel's
U.S. Coast Guard certificate of documentation or, if not documented, a
copy of its state registration certificate.
(c) Application for an annual dealer permit. (1) An application for
a dealer permit must be submitted and signed by the dealer or an officer
of a corporation acting as a dealer. The application must be submitted
to the Regional Director at least 30 days prior to the date on which the
applicant desires to have the permit made effective.
(2) A permit applicant must provide the following information:
(i) A copy of each state wholesaler's license held by the dealer;
(ii) Business name, mailing address including zip code of the
principal office of the business, and employer identification number, if
one has been assigned by the Internal Revenue Service;
(iii) The address of each physical facility at a fixed location
where the business receives fish;
(iv) Name, official capacity in the business, mailing address
including zip code, telephone number, social security number, and date
of birth of the applicant; and
(v) If the applicant is a corporation or partnership, the names,
addresses, and dates of birth of the two principal shareholders or
partners.
(d) Fees. A fee is charged for each annual vessel permit issued
under paragraph (b) of this section and for each annual dealer permit
issued under paragraph (c) of this section. The amount of the fees is
calculated, at least annually, in accordance with the
[[Page 172]]
procedures of the NOAA Finance Handbook for determining the
administrative costs of each special product or service, and may not
exceed such costs. Applicable fees are specified with the application
form and must be remitted with each application.
(e) Issuance. (1) The Regional Director will issue a permit at any
time to an applicant if the application is complete. An application is
complete when all requested forms, information, and documentation have
been received and the applicant has submitted all applicable reports
specified at Sec. 630.5.
(2) Upon receipt of an incomplete application, the Regional Director
will notify the applicant of the deficiency. If the applicant fails to
correct the deficiency within 90 days of the date of the Regional
Director's letter of notification, the application will be considered
abandoned.
(f) Duration. A permit remains valid for the remainder of the period
for which it is issued unless revoked, suspended, or modified pursuant
to subpart D of 15 CFR part 904.
(g) Transfer. (1) A vessel permit issued under paragraph (b) of this
section is not transferable or assignable. A person purchasing a
permitted vessel who desires to conduct activities for which a permit is
required must apply for a permit in accordance with the provisions of
paragraph (b) of this section. The application must be accompanied by a
copy of a signed bill of sale.
(2) A dealer permit issued under paragraph (c) of this section may
be transferred upon sale of the dealer's business. However, such
transferred permit remains valid for a period not exceeding 30 days
after sale of the dealer's business. A person purchasing a permitted
dealership who desires to conduct activities for which a permit is
required after that 30 day period must apply promptly for a permit in
accordance with the provisions of paragraph (c) of this section.
(h) Display. A vessel permit issued under paragraph (b) of this
section must be carried on board the fishing vessel and such vessel must
be identified as provided for in Sec. 630.6. A dealer permit issued
under paragraph (c) of this section must be available on the dealer's
premises. The operator of a fishing vessel or a dealer must present the
permit for inspection upon request of an authorized officer.
(i) Sanctions and denials. A permit issued pursuant to this section
may be revoked, suspended, or modified, and a permit application may be
denied, in accordance with the procedures governing enforcement-related
permit sanctions and denials found at subpart D of 15 CFR part 904.
(j) Alteration. A permit that is altered, erased, or mutilated is
invalid.
(k) Replacement. A replacement permit may be issued. An application
for a replacement permit will not be considered a new application. A
fee, the amount of which is stated with the application form, must
accompany each request for a replacement permit.
(l) Change in application information. The owner of a vessel with a
permit or a dealer with a permit must notify the Regional Director
within 30 days after any change in the application information required
by paragraph (b) or (c) of this section. The permit is void if any
change in the information is not reported within 30 days.
[56 FR 65016, Dec. 13, 1991, as amended at 62 FR 55361, Oct. 24, 1997]
Sec. 630.5 Recordkeeping and reporting.
(a) Fishing vessel reports. (1) The owner and operator of a vessel
for which a vessel permit has been issued under Sec. 630.4 must ensure
that a daily logbook form is maintained of the vessel's swordfishing
effort, catch, and disposition on logbook forms available from the
Science and Research Director. Such forms must be submitted to the
Science and Research Director postmarked not later than the 7th day
after sale of the swordfish off-loaded from a trip. If no fishing
occurred during a month, a report so stating must be submitted in
accordance with instructions provided with the logbook forms. Logbooks
must be kept on board the vessel at all times.
(2) The owner or operator of a vessel for which a vessel permit has
been issued under Sec. 630.4 must insure that copies of tally sheets are
submitted for all swordfish off-loaded and for other species off-loaded
with the swordfish, including, but not limited to, shark,
[[Page 173]]
yellowfin tuna, bigeye tuna, and albacore. Each tally sheet must show
the dealer to whom swordfish and other species were transferred, the
date transferred, and the carcass weight of each swordfish transferred
and of each of the other species for which individual carcass weights
are normally recorded, including, but not limited to, shark, yellowfin
tuna, bigeye tuna, and albacore. For species not individually weighed,
tally sheets must record total weights by market category. Copies of
tally sheets must be submitted with the logbook forms required under
paragraph (a)(1) of this section.
(b) Dealer reports. (1) A dealer who has been issued a dealer permit
under Sec. 630.4 must submit a report to the Science and Research
Director twice each month. A report form is available from the Science
and Research Director. The following information must be included in
each report:
(i) Name, address, and permit number of the dealer;
(ii) Names and official numbers of fishing vessels from which
swordfish were received;
(iii) Dates of receipt of swordfish; and
(iv) Listed by each port and county where swordfish were off-loaded
from fishing vessels:
(A) Total weight (pounds) by market category for swordfish, and for
other species received with the swordfish, including, but not limited
to, shark, yellowfin tuna, bigeye tuna, and albacore; and
(B) Price per pound or total value paid by market category for
swordfish and other species, to the extent that such price information
is known at the time of reporting.
(2) A report of swordfish and other applicable species received by a
dealer on the 1st through the 15th days of each month must be submitted
to the Science and Research Director postmarked not later than the 20th
day of that month. A report of swordfish received by a dealer on the
16th through the last day of each month must be submitted to the Science
and Research Director postmarked not later than the 5th day of the
following month. If no swordfish were received during a reporting
period, a report so stating must be submitted postmarked as specified
for that respective reporting period.
(3) The reporting requirement of paragraph (b)(1) of this section
may be satisfied by providing a copy of each appropriate weigh-out sheet
and/or sales record, provided such weigh-out sheet and/or sales record,
by itself or combined with the form available from the Science and
Research Director, includes all of the required information.
(4) For the purposes of paragraph (b) of this section, for a
swordfish off-loaded from a fishing vessel in an Atlantic coastal state
from Maine through Virginia, Science and Research Director means the
Science and Research Director, Northeast Fisheries Science Center, NMFS,
Woods Hole, MA 02543, telephone 617-548-5123, or a designee. For a
swordfish off-loaded from a fishing vessel in an Atlantic coastal state
from Maine through Virginia, in lieu of providing a required report to
the Science and Director by mail, as specified in paragraph (b)(2) of
this section, a dealer may provide a report to a state or Federal
fishery port agent designated by the Science and Research Director.
Reports so provided must be delivered to such port agent not later than
the prescribed post mark date for submitting each such report.
[56 FR 65017, Dec. 13, 1991, as amended at 61 FR 27307, May 31, 1996]
Sec. 630.6 Vessel identification.
(a) Official number. A vessel for which a permit is required by
Sec. 630.4 must display its official number--
(1) On the port and starboard sides of the deckhouse or hull and on
an appropriate weather deck so as to be clearly visible from an
enforcement vessel or aircraft;
(2) In block arabic numerals in contrasting color to the background;
(3) At least 18 inches in height for vessels over 65 feet in length
and at least 10 inches in height for all other vessels; and
(4) Permanently affixed to or painted on the vessel.
(b) Duties of operator. The operator of each fishing vessel must--
(1) Keep the official number clearly legible and in good repair, and
(2) Ensure that no part of the fishing vessel, its rigging, its
fishing gear, or
[[Page 174]]
anything carried aboard obstructs the view of the official number from
any enforcement vessel or aircraft.
[50 FR 33956, Aug. 22, 1985, as amended at 53 FR 27694, July 22, 1988]
Sec. 630.7 Prohibitions.
In addition to the general prohibitions specified in Sec. 620.7 of
this chapter, it is unlawful for any person to do any of the following:
(a) Fish for, possess, retain, or land swordfish without a valid
permit aboard a vessel when such permit is required under
Sec. 630.4(a)(1).
(b) Purchase, sell, barter, or trade or attempt to purchase, sell,
barter, or trade a swordfish taken by a vessel that does not have a
valid permit when such permit is required under Sec. 630.4(a)(1) and as
specified in Sec. 630.21(b).
(c) Sell, barter or trade or attempt to sell, barter, or trade a
swordfish harvested from or possessed in the North Atlantic Ocean north
of 5 deg. N. latitude, including the Gulf of Mexico and Caribbean Sea,
to a dealer without a valid dealer permit issued under Sec. 630.4(e).
(d) As a dealer, purchase, barter, or trade or attempt to purchase,
barter, or trade a swordfish without an annual dealer permit, as
specified in Sec. Sec. 630.4(a)(2) and 630.21(c).
(e) Falsify information required on an application for a permit
submitted under Sec. 630.4 (b) or (c).
(f) Fail to display a permit, as required by Sec. 630.4(h).
(g) Falsify or fail to maintain or submit information required to be
maintained or submitted, as specified in Sec. 630.5 (a) or (b).
(h) Falsify or fail to affix and maintain vessel markings, as
specified in Sec. 630.6.
(i) Fail to embark an observer on a trip when selected, as specified
in Sec. 630.10(a).
(j) Falsify or fail to provide requested information regarding a
vessel's trip, as specified in Sec. 630.10(b).
(k) Assault, resist, oppose, impede, harass, intimidate, or
interfere with an NMFS-approved observer aboard a vessel.
(l) Prohibit or bar by command, impediment, threat, coercion, or
refusal of reasonable assistance, an observer conducting his or her
duties aboard a vessel.
(m) Fail to provide an observer with the required food,
accommodations, access, and assistance, as specified in Sec. 630.10(c).
(n) Transfer a swordfish at sea from or to a fishing vessel, as
specified in Sec. 630.21(a).
(o) Sell, purchase, trade, or barter or attempt to sell, purchase,
trade, or barter a swordfish harvested in the recreational fishery, as
specified in Sec. 630.21(d).
(p) Fish for swordfish with a drift gillnet that is 2.5 kilometers
or more in length or possess a swordfish aboard a vessel possessing such
drift gillnet, as specified in Sec. 630.22.
(q) Possess on board a vessel a swordfish that is smaller than the
minimum size specified in Sec. 630.23(a).
(r) Possess or land a swordfish in other than whole or dressed form,
as specified in Sec. 630.23(c).
(s) During a closure of the drift gillnet, longline, or harpoon
fisheries under Sec. 630.25(a)(1) or (b), aboard a vessel using or
having aboard the specified gear, fish for swordfish, or possess or land
swordfish in excess of the bycatch limits, as specified in
Sec. 630.25(c).
(t) Aboard a vessel using or having aboard gear other than drift
gillnet, longline, or harpoon, fish for swordfish, or possess or land
swordfish in excess of the bycatch limit, as specified in
Sec. 630.25(d).
(u) During a closure of the bycatch fishery under Sec. 630.25(a)(2),
fish for, possess, or land swordfish, as specified in Sec. 630.25(e).
(v) Interfere with, obstruct, delay, or prevent by any means, a
lawful investigation or search in the process of enforcing this part.
(w) Make any false statement, oral or written, to an authorized
officer concerning the taking, catching, harvesting, landing, purchase,
sale, possession, or transfer of a swordfish.
(x) Violate any provision of this part, the Magnuson Act, the
Atlantic Tunas Convention Act, or any regulations or permits issued
under the Magnuson Act or the Atlantic Tunas Convention Act.
(y) Purchase, sell, trade, or barter, or attempt to purchase, sell,
trade, or barter, any swordfish or part thereof that
[[Page 175]]
is subject to the donation program in subpart D of this part, as
specified at Sec. 630.51(b)(9), Sec. 630.51(c)(4), or Sec. 630.51(d)(5).
(z) Exceed the vessel trip limits specified in Sec. 630.23.
(aa) [Reserved]
(bb) Fish for swordfish from the south Atlantic swordfish stock
using any gear other than pelagic longline, or possess swordfish while
carrying drift gillnet gear on board south of 5 deg. N. latitude.
(cc) Fish for, or retain, a swordfish from the south Atlantic
swordfish stock or to sell, barter or trade or attempt to sell, barter,
or trade a swordfish harvested from or possessed in the Atlantic Ocean
south of 5 deg. N. latitude during a closure of the South Atlantic
swordfish fishery under Sec. 630.25(a)(1).
[56 FR 65018, Dec. 13, 1991, as amended at 57 FR 34265, Aug. 4, 1992; 59
FR 55064, Nov. 3, 1994; 60 FR 46778, Sept. 8, 1995; 61 FR 27307, May 31,
1996; 62 FR 30776, June 5, 1997; 62 FR 55361, Oct. 24, 1997]
Sec. 630.8 Facilitation of enforcement.
See Sec. 620.8 of this chapter.
[53 FR 24656, June 29, 1988]
Sec. 630.9 Penalties.
See Sec. 620.9 of this chapter.
[53 FR 24656, June 29, 1988]
Sec. 630.10 At-sea observer coverage.
(a) If a vessel's trip is selected by the Science and Research
Director for observer coverage, the owner or operator of such vessel
must accommodate an NMFS-approved observer.
(b) When notified in writing by the Science and Research Director
that his vessel has been selected to carry an NMFS-approved observer, an
owner or operator of a vessel for which a vessel permit has been issued
under Sec. 630.4 must advise the Science and Research Director in
writing not less than 5 days in advance of each trip of the following:
(1) Departure information (port, dock, date, and time); and
(2) Expected landing information (port, dock, and date).
(c) An owner or operator of a vessel on which an NMFS-approved
observer is embarked must--
(1) Provide accommodations and food that are equivalent to those
provided to the crew;
(2) Allow the observer access to and use of the vessel's
communications equipment and personnel upon request for the transmission
and receipt of messages related to the observer's duties;
(3) Allow the observer access to and use of the vessel's navigation
equipment and personnel upon request to determine the vessel's position;
(4) Allow the observer free and unobstructed access to the vessel's
bridge, working decks, holding bins, weight scales, holds, and any other
space used to hold, process, weigh, or store fish; and
(5) Allow the observer to inspect and copy the vessel's log,
communications logs, and any records associated with the catch and
distribution of fish for that trip.
[56 FR 65018, Dec. 13, 1991]
Subpart B--Management Measures
Source: 56 FR 65019, Dec. 13, 1991, unless otherwise noted.
Sec. 630.20 Fishing Year.
The fishing year is June 1 through July 31.
[61 FR 27307, May 31, 1996]
Sec. 630.21 Restrictions on transfer, offloading, and sale.
(a) A swordfish harvested from the north or south Atlantic swordfish
stocks may not be transferred at sea, regardless of where the transfer
takes place or where the swordfish was harvested.
(b) A swordfish harvested from the north Atlantic Swordfish stock
may be initially sold, traded, or bartered or attempted to be sold,
traded, or bartered only by an owner or operator of a vessel that has
been issued a swordfish vessel permit under Sec. 630.4(e), except if the
swordfish is off-loaded in Puerto Rico or the U.S. Virgin Islands from a
non-permitted vessel that fished exclusively shoreward of the outer
boundary of the EEZ around Puerto Rico and the
[[Page 176]]
U.S. Virgin Islands with only handline gear on board.
(c) A swordfish harvested from the south Atlantic swordfish stock,
may be initially sold, traded, or bartered or attempted to be sold,
traded, or bartered only by an owner or operator of a vessel that has
been issued a vessel permit under Sec. 630.4(e).
(d) A swordfish harvested from the north Atlantic swordfish stock
may be initially purchased, traded, or bartered or attempted to be
purchased, traded, or bartered only by a dealer with a valid dealer
permit issued under Sec. 630.4(e).
(e) A swordfish harvested from the north Atlantic swordfish stock by
persons aboard a vessel in the recreational fishery may not be sold,
purchased, traded, or bartered or attempted to be sold, purchased,
traded, or bartered.
[62 FR 55361, Oct. 24, 1997]
Sec. 630.22 Gear restrictions.
A drift gillnet with a total length of 2.5 kilometers or more may
not be used to fish for swordfish. A vessel using or having aboard a
drift gillnet with a total length of 2.5 kilometers or more may not
possess a swordfish.
Sec. 630.23 Harvest limitations.
(a) Minimum size. The minimum allowable size for possession on board
a fishing vessel for a swordfish taken from the north or south Atlantic
swordfish stocks is 29 inches (73 cm) carcass length, measured along the
body contour (i.e., a curved measurement) from the cleithrum to the
anterior portion of the caudal keel (CK measurement) or, if swordfish
are weighed, 33 lb (15 kg) dressed weight. The cleithrum is the
semicircular bony structure that forms the posterior edge of the gill
opening. Measurement must be made at the point on the cleithrum that
provides the shortest possible CK measurement (Figure 1 to part 630).
(b) Carcass condition. A swordfish possessed on board a fishing
vessel of the United States in the Atlantic Ocean, including the Gulf of
Mexico and the Caribbean Sea, must be in whole or dressed form, and a
swordfish landed from a fishing vessel of the United States in an
Atlantic coastal port, including the Gulf of Mexico or Caribbean Sea,
must be maintained in whole or dressed form through offloading, except
such swordfish as are damaged by shark bites. A shark-bit swordfish for
which the remainder of the carcass is less than the minimum size limit
specified in paragraph (a) of this section may not be landed.
(c) Vessel trip limits. In 1996, vessels issued a swordfish permit
under Sec. 630.4 may not land from, or possess during, a single trip
more than 31,600 lb (14,334 kg) dressed weight of swordfish, unless a
closure has been effected under Sec. 630.25.
[57 FR 57369, Dec. 4, 1992, as amended at 60 FR 46778, Sept. 8, 1995; 61
FR 27307, May 31, 1996; 62 FR 55362, Oct. 24, 1997]
Sec. 630.24 Quotas.
(a) Applicability. (1) A swordfish harvested from the North Atlantic
swordfish stock by a vessel of the United States in other than the
recreational fishery is counted against the directed-fishery gear quota
or the by catch quota. A swordfish harvested by drift gillnet, longline,
or harpoon and landed before the effective date of a closure for that
gear, done pursuant to Sec. 630.25(a)(1), is counted against the
applicable directed-fishery gear quota. After a gear closure, a
swordfish landed by a vessel using or possessing gear for which a
bycatch is allowed under Sec. 630.25(c) is counted against the bycatch
allocation specified in paragraph (c) of this section. Notwithstanding
the above, a swordfish harvested by a vessel using or possessing gear
other than drift gillnet, longline, harpoon, or rod and reel is counted
against the bycatch quota specified in paragraph (c) of this section at
all times.
(2) A swordfish harvested from the south Atlantic swordfish stock by
a vessel subject to the jurisdiction of the United States is counted
against the directed-fishery quota for the south Atlantic.
(3) A swordfish possessed on board or offloaded from a vessel that
used or had on board a driftnet during its current or most recent
fishing trip in waters of the North and/or South Atlantic Oceans
(including the Gulf of Mexico and Caribbean Sea) will be deemed to have
been harvested by a driftnet.
[[Page 177]]
(b) Directed-fishery quotas. (1) The annual directed fishery quota
for the North Atlantic swordfish stock for the period June 1, 1998,
through May 31, 1999, is 2,098.6 mt dw, of which 2,057 mt dw is
allocated for the longline/harpoon fishery and 41.6 mt dw is allocated
for the driftnet fishery. The allocation for the longline/harpoon
fishery is divided into two equal semiannual quotas of 1,028.5 mt dw,
one for the period June 1 through November 30, 1998, and the other for
the period December 1, 1998, through May 31, 1999.
(2) The annual directed fishery quota for the North Atlantic
swordfish stock for the period June 1, 1999, through May 31, 2000, is
2,033.2 mt dw, of which 1,993 mt dw is allocated for the longline/
harpoon fishery and of which 40.2 mt dw is allocated for the drift
gillnet fishery. The allocation for the longline/harpoon fishery is
divided into two equal semiannualquotas of 996.5 mt dw, one for the
period June 1 through November 30, 1999, and the other for the period
December 1, 1999, through May 31, 2000.
(3) The annual directed fishery quota for the South Atlantic
swordfish stock for the period June 1, 1998, through May 31, 1999, is
289 mt dw.
(4) The annual directed fishery quota for the South Atlantic
swordfish stock for the period June 1, 1999, through May 31, 2000, is
289 mt dw.
(5) The annual directed fishery quota for the South Atlantic
swordfish stock for the period June 1, 2000, through May 31, 2001, is
289 mt dw.
(c) Incidental catch quota. The annual bycatch quota for the north
Atlantic swordfish stock is 300 mt dw; no incidental harvest is
authorized for the south Atlantic swordfish stock.
(d) Annual adjustments. (1) As necessary, NMFS will reevaluate the
annual directed fishery quotas for the North and South Atlantic
swordfish stocks and the annual incidental catch quota for the North
Atlantic swordfish stock. NMFS will consider the best available
scientific information regarding the following factors:
(i) Swordfish stock abundance assessments;
(ii) Swordfish stock age and size composition;
(iii) Catch and effort in the swordfish fishery; and
(iv) Consistency with ICCAT recommendations.
(2) Except for the carryover provisions of paragraph (d)(3), of this
section, NMFS will announce any adjustments to the annual quotas by
publication of a notice in the Federal Register, providing for a 30-day
minimum comment period. NMFS will prepare a report of its evaluations, a
regulatory impact review, and an environmental assessment; and such
documents will be made available to the public. NMFS will take into
consideration all information received during this comment period and
will publish a final rule in the Federal Register.
(3) If consistent with applicable ICCAT recommendations, total
landings above or below the specific North Atlantic or South Atlantic
swordfish annual quota will be subtracted from, or added to, the
following year's quota for that management area. Any adjustments to the
12-month directed fishery quota will be apportioned equally between the
two semiannual periods. NMFS will publish notification in the Federal
Register of any adjustment and of the apportionment made under this
paragraph (d)(3).
(e) Inseason adjustments. (1) NMFS may adjust the December 1 through
May 31 semiannual directed fishery quota and gear quotas to reflect
actual catches during the June 1 through November 30 semiannual period,
provided that the 12-month directed fishery and gear quotas are not
exceeded.
(2) If NMFS determines that the annual incidental catch quota will
not be taken before the end of the fishing year, the excess quota may be
allocated to the directed fishery quotas.
(3) If NMFS determines that it is necessary to close the directed
fishery, any estimated overharvest or underharvest of the directed
fishery quota available immediately prior to that closure will be used
to adjust the annual incidental catch quota accordingly.
(4) NMFS will publish notification in the Federal Register of any
inseason adjustment and its apportionment made under this paragraph (e).
[[Page 178]]
(f) Gear allocations. If NMFS determines that the annual or
semiannual directed fishery or incidental catch quotas must be adjusted
pursuant to paragraph (d) or (e) of this section, the annual or
semiannual gear quotas will be adjusted so that the new gear quotas
represent the same proportion (percentage) of the adjusted quota as they
did of the quota before adjustment, provided such adjusted gear quotas
are consistent with applicable requirements under the Endangered Species
Act and the Marine Mammal Protection Act.
(g) Adjustments to gear quotas. If NMFS determines that the annual
directed-fishery or bycatch quotas must be adjusted pursuant to
paragraphs (d) and (f) of this section, the annual or semi-annual gear
quotas will be adjusted so that the new gear quotas represent the same
proportion (percentage) of the adjusted quota as they did of the quota
before adjustment.
(h) Notice of adjustments. (1) NMFS will announce a proposed
adjustment in management measures pursuant to paragraph (e), (f), or (g)
of this section by publication of a proposed rule in the Federal
Register. The proposed rule will provide for public comment unless NMFS
finds for good cause that such public comment is impracticable,
unnecessary, or contrary to the public interest. NMFS will take into
consideration all information received during the comment period and
will publish the approved adjustment in management measures as a final
rule in the Federal Register.
(2) If NMFS finds for good cause that public comment on an
adjustment in management measures pursuant to paragraph (e), (f), or (g)
of this section is impracticable, unnecessary, or contrary to the public
interest, such adjustment will be published as an interim final rule
with a 15-day public comment period commencing on the date of
publication.
[56 FR 65019, Dec. 13, 1991, as amended at 57 FR 34266, Aug. 4, 1992; 58
FR 33569, June 18, 1993; 60 FR 46778, Sept. 8, 1995; 60 FR 51934, Oct.
4, 1995; 61 FR 27307, May 31, 1996; 62 FR 55362, Oct. 24, 1997; 63 FR
51858, Sept. 29, 1998]
Effective Date Note: At 63 FR 51858, Sept. 29, 1998, Sec. 630.24 was
amended by adding paragraph (a)(3); by revising paragraphs (b) and (d)
through (f); and by removing paragraphs (g) and (h), effective Oct. 8,
1998. For the convenience of the user, the superseded text is set forth
as follows:
Sec. 630.24 Quotas.
* * * * *
(b) Directed-fishery quotas. (1) The annual directed fishery quota
for the North Atlantic swordfish stock for the period June 1, 1997,
through May 31, 1998, is 2,164 mt dw, of which 2,121.2 mt dw is
allocated for the longline/harpoon fishery and of which 42.8 mt dw is
allocated for the drift gillnet fishery. The allocation for the
longline/harpoon fishery is divided into two equal semiannual quotas of
1,060.6 mt dw, one for the period June 1 through November 30, 1997, and
the other for the period December 1, 1997, through May 31, 1998.
(2) The annual directed fishery quota for the North Atlantic
swordfish stock for the period June 1, 1998, through May 31, 1999, is
2,098.6 mt dw, of which 2,057 mt dw is allocated for the longline/
harpoon fishery and of which 41.6 mt dw is allocated for the drift
gillnet fishery. The allocation for the longline/harpoon fishery is
divided into two equal semiannual quotas of 1,028.5 mt dw, one for the
period June 1 through November 30, 1998, and the other for the period
December 1, 1998, through May 31, 1999.
(3) The annual directed fishery quota for the North Atlantic
swordfish stock for the period June 1, 1999, through May 31, 2000, is
2,033.2 mt dw, of which 1,993 mt dw is allocated for the longline/
harpoon fishery and of which 40.2 mt dw is allocated for the drift
gillnet fishery. The allocation for the longline/harpoon fishery is
divided into two equal semiannual quotas of 996.5 mt dw, one for the
period June 1 through November 30, 1999, and the other for the period
December 1, 1999, through May 31, 2000.
(4) A swordfish will be deemed to have been harvested by a drift
gillnet when it is aboard, or off-loaded in an Atlantic, Gulf of Mexico,
or Caribbean coastal state from, a vessel using or having aboard a drift
gillnet or when it is aboard, or off-loaded in an Atlantic, Gulf of
Mexico, or Caribbean coastal state from, a vessel which used or had
aboard a drift gillnet during its current or most recent fishing trip.
(5) The annual directed fishery quota for the south Atlantic
swordfish stock for the period June 1, 1997, through May 31, 1998, is
188 mt dw and is divided into two equal semiannual quotas of 94 mt dw,
one for period June 1 through November 30, 1997, and the other for the
period December 1, 1997, through May 31, 1998.
* * * * *
[[Page 179]]
(d) Adjustments to annual quotas. (1) NMFS will reevaluate the
annual total allowable catch, the annual directed-fishery quota, the
annual bycatch quota, bycatch limits in the non-directed fishery, and
the harpoon gear set-aside each year. For the purpose of this
evaluation, NMFS will consider the best available scientific information
regarding the following factors:
(i) Swordfish stock abundance assessments;
(ii) Swordfish stock age and size composition;
(iii) Catch and effort in the swordfish fishery; and
(iv) Consistency with ICCAT recommendations.
(2) NMFS may, at its discretion, convene a panel of scientists with
expertise in swordfish stock assessment for the purpose of providing
recommendations for adjustments to annual quotas.
(3) NMFS will prepare a report of its evaluations, a regulatory
impact review, and an environmental assessment.
(4) Total landings above or below the specific north Atlantic
swordfish annual quota will be subtracted from, or added to, the
following year's quota. Any adjustments to the 12-month directed-fishery
quota will then be apportioned equally between the period June 1 through
November 30 and the period December 1 through May 31.
(5) NMFS will announce any adjustments to the annual quotas by
publication of a proposed rule in the Federal Register, providing for a
minimum of a 30-day comment period. The report of evaluations and any
regulatory impact review and environmental assessment will be made
available to the public. The Assistant Administrator will take into
consideration all information received during this comment period and
will publish a final rule in the Federal Register.
(e) NMFS may adjust the December 1 through May 31 semiannual
directed-fishery quota and gear quotas to reflect actual catches during
the June 1 through November 30 semiannual period, provided that the 12-
month directed-fishery and gear quotas are not exceeded.
(f) Inseason adjustments to the bycatch and directed fishery quotas.
(1) If NMFS determines that the annual bycatch quota will not be taken
before the end of the fishing year, the excess quota may be allocated to
the directed-fishery quotas pursuant to the requirements and procedures
in paragraphs (g) and (h) of this section.
(2) If NMFS determines that it is necessary to close the directed
fishery, any estimated overharvest or underharvest directed-fishery
quota available immediately prior to that closure will be applied to the
annual bycatch quota and will be used to adjust the annual bycatch quota
accordingly.
* * * * *
Sec. 630.25 Closures and incidental limits.
(a) Notice of closure. (1) When a directed-fishery annual,
semiannual, or gear quota specified in Sec. 630.24 is reached, or is
projected to be reached, NMFS will publish notification in the Federal
Register closing the entire directed fishery for fish from the North
Atlantic swordfish stock, the South Atlantic swordfish stock, the drift
gillnet fishery, or the harpoon and longline fisheries, as appropriate.
The effective date of such notification will be at least 14 days after
the date such notification is filed at the Office of the Federal
Register. The closure will remain in effect until an additional
directed-fishery or gear quota becomes available.
(2) When the bycatch quota specified in Sec. 630.24(c) is reached,
or is projected to be reached, NMFS will publish a notice in the Federal
Register to prohibit further possession or retention of Atlantic
swordfish by vessels of the United States. The effective date of such
notice will be at least 14 days after the date such notice is filed at
the Office of the Federal Register. The closure will remain in effect
until a new annual bycatch quota becomes available.
(b) Special set-aside for harpoon gear. The procedures of paragraph
(a)(1) of this section notwithstanding, during the period June 1 through
November 30, swordfish not exceeding 9,752 kg dw, may be set aside for
the harpoon segment of the North Atlantic swordfish fishery. If NMFS
determines that the harpoon and longline quota in this semi-annual
period will be harvested before the harpoon segment of the fishery has
had an opportunity to harvest the set-aside amount, the longline segment
of the fishery will be closed and the harpoon segment will remain open
until the set-aside amount is reached. The basis for such determination
by NMFS will be published in the Federal Register in the closure notice.
(c) Bycatch limits during a directed-fishery closure. (1) During a
closure of
[[Page 180]]
the drift gillnet fishery, aboard a vessel using or having aboard a
drift gillnet--
(i) A person may not fish for swordfish from the North Atlantic
swordfish stock; and
(ii) No more than two swordfish per trip may be possessed in the
North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea,
north of 5 deg.N. latitude, or landed in an Atlantic, Gulf of Mexico, or
Caribbean coastal state.
(2) During a closure of the longline fishery, aboard a vessel using
or having aboard a longline and not having aboard harpoon gear--
(i) A person may not fish for swordfish from the North Atlantic
swordfish stock; and
(ii) No more than 15 swordfish per trip may be possessed in the
North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea,
north of 5O N. lat., or landed in an Atlantic, Gulf of
Mexico, or Caribbean coastal state. The Assistant Administrator may
modify or change the bycatch limits upon publication of notice in the
Federal Register pursuant to the requirements and procedures in
paragraphs (a)(1) and (a)(2) of this section. Changes in the bycatch
limits will be based upon the length of the directed fishery closure as
well as the estimated catch per vessel in the non-directed fishery.
(3) During a closure of the harpoon fishery, aboard a vessel using
or having aboard harpoon gear--
(i) A person may not fish for swordfish from the North Atlantic
swordfish stock; and
(ii) No swordfish may be possessed in the North Atlantic Ocean,
including the Gulf of Mexico and Caribbean Sea, north of 5 deg.N.
latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean coastal
state.
(d) Bycatch limits in the non-directed fishery. Aboard a vessel
using or having aboard gear other than drift gillnet, harpoon, or
longline, other than a vessel in the recreational fishery--
(1) A person may not fish for swordfish from the North Atlantic
swordfish stock;
(2) Except as specified in paragraph (d)(3) of this section, no more
than two swordfish per trip may be possessed in the North Atlantic
Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5
deg.N. latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean
coastal state; and
(3) Aboard a vessel in the squid trawl fishery, no more than five
swordfish per trip may be possessed in the North Atlantic Ocean,
including the Gulf of Mexico and Caribbean Sea, north of 5 deg.N.
latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean coastal
state. For the purposes of this paragraph (d)(3), a vessel is considered
to be in the squid trawl fishery when it has no commercial fishing gear
other than trawl gear aboard and squid constitute not less than 75
percent by weight of the total fish aboard or off-loaded from the
vessel.
(e) Limits during a bycatch closure. During a closure of the bycatch
fishery under paragraph (a)(2) of this section, the provisions of
paragraphs (c) and (d) of this section notwithstanding, aboard a fishing
vessel, other than a vessel in the recreational fishery--
(1) A person may not fish for swordfish from the North Atlantic
swordfish stock; and
(2) No swordfish may be possessed in the North Atlantic Ocean,
including the Gulf of Mexico and Caribbean Sea, north of 5 deg.N.
latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean coastal
state.
[56 FR 65019, Dec. 13, 1991, as amended at 57 FR 34266, Aug. 4, 1992; 60
FR 46778, Sept. 8, 1995; 61 FR 27308, May 31, 1996; 61 FR 34746, July 3,
1996; 62 FR 55362, Oct. 24, 1997]
Sec. 630.26 Specifically authorized activities.
NMFS may authorize for the acquisition of information and data,
activities that are otherwise prohibited by these regulations.
Subpart C--Restrictions on Swordfish Imports
Sec. 630.40 Applicability.
The policies and procedures contained in 50 CFR 285.80 through
285.86, which implement the provisions of section 6(c) of the Atlantic
Tunas Convention Act, 16 U.S.C. 971 et seq., with respect to import
controls and which specify procedures for the establishment of
restrictions on imports of
[[Page 181]]
tuna, apply to swordfish from the North Atlantic swordfish stock.
Subpart D--Donation Program
Source: 59 FR 55064, Nov. 3, 1994, unless otherwise noted.
Sec. 630.50 Purpose.
This subpart implements a program under which swordfish from the
North Atlantic swordfish stock that are retained in excess of the trip
allowance for undersized swordfish specified in Sec. 630.23(b) must be
retained for donation through the Second Harvest National Foodbank
Network to the needy. This program is intended to obtain additional
information regarding the harvest, mortality, and biological
characteristics of swordfish less than the minimum size limit and to
avoid waste of swordfish that would otherwise be discarded dead.
Sec. 630.51 Participation.
(a) General. Owners of vessels and dealers permitted under
Sec. 630.4 may volunteer to participate in the swordfish donation
program by contacting the Chief, Highly Migratory Species Division,
Office of Fisheries Conservation and Management, NMFS, 1335 East-West
Highway, Silver Spring, MD 20910; telephone: (301) 713-2347, facsimile
(301) 588-4967. The Chief, Highly Migratory Species Division, will
select owners of vessels and dealers who may participate in the donation
program and will keep selected vessel owners advised of the selected
dealers.
(1) Factors that will be considered in the selection process
include:
(i) History of voluntary participation in NMFS cooperative
scientific programs;
(ii) Whether both vessel and dealer volunteers can be matched in an
area throughout the year (including truck routes) to ensure distribution
of donated fish;
(iii) Representative coverage of the fishery, to the extent
possible; and
(iv) Compliance record of volunteers. Specifically, any person who
has been issued a Notice of Violation and Assessment (NOVA) for
violating any provision of the Magnuson Act (16 U.S.C. 1802 et seq.),
the Lacey Act (16 U.S.C. 3371 et seq.), or the ATCA (16 U.S.C. 971 et
seq.), or who is currently under investigation for such a violation, may
be excluded from the program.
(2) Selected dealers will also be advised of the selected vessel
owners and of authorized Second Harvest recipients of donated swordfish.
(3) Second Harvest is the Second Harvest National Foodbank Network,
116 South Michigan Avenue, Suite 4, Chicago, IL 60603-6001. Second
Harvest affiliates are Certified Affiliate Food Banks throughout the
United States that have a contract with Second Harvest and are
officially part of their National Foodbank Network. Agents of Second
Harvest are the individual charities that distribute or serve food to
the needy from the Affiliate Food Banks, or a business designated by
letter from Second Harvest to transport donated food between the
foodbank and the charity.
(b) Vessels. The owner, or their operator, of a vessel that has been
selected to participate in the donation program and so notified in
writing by the Chief, Highly Migratory Species Division, may retain
swordfish from the North Atlantic swordfish stock that are in excess of
the trip allowance for undersized swordfish specified in Sec. 630.23(b)
under the following terms and conditions. No person may land a swordfish
in excess of the trip allowance for undersized swordfish other than in
accordance with these terms and conditions; any such landing constitutes
a violation of the prohibition specified in Sec. 630.7(q).
(1) The vessel's selection letter from the Chief, Highly Migratory
Species Division, must be carried on board the fishing vessel and the
operator must present it for inspection upon the request of an
authorized officer.
(2) The vessel's owner or operator must release any swordfish that
is less than the minimum allowable size specified in Sec. 630.23(a) and
that is alive when brought aboard the vessel, in a manner that will
ensure maximum probability of survival. If caught by hook, such fish
must be released by cutting the line near the hook without removing the
swordfish from the water. The
[[Page 182]]
owner or operator must make a reasonable effort to tag each swordfish
released under this paragraph (b)(2). In addition, participants are
encouraged to tag all released small bluefin tuna, big eye tuna,
yellowfin tuna and sharks where possible. Tags will be provided by the
Science and Research Director. A record of each tag and release must be
maintained and submitted to the Science and Research Director on forms
provided with the tags.
(3) The vessel's owner or operator must retain any swordfish that is
dead when brought aboard the vessel.
(4) The vessel's owner or operator must tag any swordfish that is
retained under the donation program of this subpart prior to its off-
loading from a vessel at the facility of a selected dealer, using a non-
reusable, individually numbered donation tag provided by the Chief,
Highly Migratory Species Division. The donation tag is not to be removed
by the vessel crew, dealer, or Second Harvest until the carcass is
processed.
(5) All tags assigned to a vessel by NMFS Highly Migratory Species
Division, used or unused, must be accounted for by the owner/operator at
the request of any authorized officer.
(6) The vessel's owner or operator must off-load any swordfish that
is retained under the donation program of this subpart only at a
specified facility of a dealer who has been selected by the Chief,
Highly Migratory Species Division, to participate in the donation
program. Off-loading must begin between the hours of 8 a.m. and 6 p.m.
local time. An owner or operator must notify the Chief, NMFS Office of
Enforcement, by telephone at numbers given in the vessel owner's
selection letter, and a selected dealer, at least 24 hours prior to off-
loading swordfish under the donation program, unless stated otherwise in
the vessel owner's selection letter.
(7) The Assistant Administrator, upon consulting with industry
representatives and NMFS Office of Enforcement, may change the
requirements for off-loading by notification in the Federal Register.
(8) All swordfish harvested during a trip by a vessel participating
in this pilot program must be off-loaded at the same facility to a
dealer participating in this donation program.
(9) No vessel owner or operator may sell, trade, or barter, or
attempt to sell, trade, or barter, any swordfish or any part thereof
that is retained under the donation program of this subpart.
(c) Dealers. A dealer who has been selected and so notified in
writing by the Chief, Highly Migratory Species Division, to participate
in the donation program may receive and retain swordfish from the North
Atlantic swordfish stock that are in excess of a vessel's trip allowance
for undersized swordfish specified in Sec. 630.23(b) under the following
terms and conditions. Possession of an undersized swordfish other than
in accordance with these terms and conditions constitutes a violation of
the prohibition specified in Sec. 620.7(a) of this chapter.
(1) Dealers must have available on their premises, or facility, the
dealer selection letter from the Chief, Highly Migratory Species
Division, and must present it for inspection upon the request of an
authorized officer.
(2) A dealer may receive swordfish in excess of a vessel's trip
allowance for undersized swordfish only from a vessel that has been
selected by the Chief, Highly Migratory Species Division, to participate
in the donation program.
(3) A swordfish that is received under the donation program must be
kept separate from other swordfish possessed by the dealer. The donation
tag on such swordfish may not be removed.
(4) No dealer may sell, trade, or barter, or attempt to sell, trade,
or barter, any swordfish, or any part thereof, that is retained under
the donation program of this subpart.
(5) A dealer may transfer any swordfish that is received under the
donation program only to Second Harvest, and such swordfish may be
transported only by Second Harvest or their designated agent. The dealer
must obtain the receipt specified in paragraph (d)(3) of this section
from Second Harvest or their designated agent. A copy of the receipt
must be furnished by the dealer to the harvesting vessel.
(6) The dealer must include individual swordfish tag numbers along
with the associated individual carcass weights of swordfish received
under the
[[Page 183]]
donation program in the twice-monthly reports required by Sec. 630.5(b).
(d) Second Harvest. Second Harvest, or its affiliates or agents, may
receive and distribute swordfish from the North Atlantic swordfish stock
that are in excess of the trip allowance for undersized swordfish
specified in Sec. 630.23(b) under the following terms and conditions.
Possession of a swordfish other than in accordance with these terms and
conditions constitutes a violation of the prohibition specified in
Sec. 620.7(a) of this chapter.
(1) Second Harvest may receive swordfish that are in excess of the
trip allowance for undersized swordfish only from a dealer who has been
selected by the Chief, Highly Migratory Species Division, to participate
in the donation program.
(2) Second Harvest may receive only undersized swordfish with
donation tags attached.
(3) Upon receiving swordfish under the donation program, Second
Harvest must provide a bill of lading receipt that shows, or has
affixed, individual carcass weights and associated tag numbers of
swordfish received, the names and permit number(s) of the vessel(s) that
harvested the swordfish, the name and permit number of the dealer, and
the date of receipt. Such receipt must be distributed as follows:
Original and one copy (for the vessel owner or operator) to the dealer,
one copy to the Chief, Highly Migratory Species Division, and one copy
retained by Second Harvest to accompany the carcass shipment until it is
processed.
(4) All tags received by Second Harvest affiliates or agents must be
returned to Second Harvest and accounted for by Second Harvest at the
request of any authorized officer, or Chief, Highly Migratory Species
Division.
(5) Second Harvest, its affiliates or agents, may not sell, trade,
or barter, or attempt to sell, trade, or barter, any swordfish or any
part thereof that is retained under the donation program of this
subpart.
(e) Duration of selection. A selection letter remains valid for the
period specified therein, provided the permit issued to the
participating vessel or dealer under Sec. 630.4 remains valid, except
that such selection letter may be revoked by the Chief, Highly Migratory
Species Division--
(1) Upon the request of the participating vessel owner or dealer;
(2) Upon issuance of a Notice of Violation and Assessment against
the participating vessel owner or dealer for a violation of the Magnuson
Act (16 U.S.C. 1802 et seq.), the Lacey Act (16 U.S.C. 3371 et seq.), or
the ATCA (16 U.S.C. 971 et seq.); or
(3) For actions not consistent with the requirements of the pilot
program of this subpart.
(f) Transfer. A selection letter issued under this subpart is not
transferable or assignable. Such letter is valid only for the vessel or
dealer for which it was issued.
Sec. 630.52 Termination.
Upon a finding by the Assistant Administrator that the intended
purposes of the program are not being achieved, or that the program is
no longer in conformance with the recommendations of the International
Commission for the Conservation of Atlantic Tunas, the Assistant
Administrator may terminate the program by notification in the Federal
Register.
[[Page 184]]
[GRAPHIC] [TIFF OMITTED] TC03MR91.058
[56 FR 65021, Dec. 13, 1991]
[[Page 185]]
PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH ATLANTIC--Table of Contents
Subpart A--General Provisions
Sec.
640.1 Purpose and scope.
640.2 Definitions.
640.3 Relation to other laws.
640.4 Permits and fees.
640.5 Recordkeeping and reporting. [Reserved]
640.6 Vessel and gear identification.
640.7 Prohibitions.
640.8 Facilitation of enforcement.
640.9 Penalties.
Subpart B--Management Measures
640.20 Seasons.
640.21 Harvest limitations.
640.22 Gear and diving restrictions.
640.23 Bag/possession limits.
640.24 Authorized activities.
Figures--Part 640
Figure 1--Carapace Length
Authority: 16 U.S.C. 1801 et seq.
Subpart A--General Provisions
Sec. 640.1 Purpose and scope.
(a) The purpose of this part is to implement the Fishery Management
Plan for the Spiny Lobster Fishery of the Gulf of Mexico and South
Atlantic prepared by the South Atlantic and Gulf of Mexico Fishery
Management Councils under the Magnuson Act.
(b) This part governs conservation and management of spiny lobster
and slipper (Spanish) lobster in the EEZ in the Atlantic Ocean and Gulf
of Mexico off the Atlantic and Gulf of Mexico states from the Virginia/
North Carolina border south and through the Gulf of Mexico.
(c) An owner or operator of a vessel that has legally harvested
spiny lobsters in the waters of a foreign nation and possesses spiny
lobsters, or separated tails, in the EEZ incidental to such foreign
harvesting is exempt from the requirements of this part 640, provided
proof of lawful harvest in the waters of a foreign nation accompanies
such lobsters or tails.
[57 FR 56518, Nov. 30, 1992]
Sec. 640.2 Definitions.
In addition to the definitions in the Magnuson Act and in Sec. 620.2
of this chapter, the terms used in this part have the following
meanings:
Bully net means a circular frame attached at right angles to the end
of a pole and supporting a conical bag of webbing. The webbing is
usually held up by means of a cord which is released when the net is
dropped over a lobster.
Carapace length means the measurement of the carapace (head, body,
or front section) of a spiny lobster from the anteriormost edge (front)
of the groove between the horns directly above the eyes, along the
middorsal line (middle of the back), to the rear edge of the top part of
the carapace, excluding any translucent membrane.
Commercial fishing means any fishing or fishing activities which
result in the harvest of any marine or freshwater organisms, one or more
of which (or parts thereof) is sold, traded, or bartered.
Hoop net means a frame, circular or otherwise, supporting a shallow
bag of webbing and suspended by a line and bridles. The net is baited
and lowered to the ocean bottom, to be raised rapidly at a later time to
prevent the escape of lobster.
Live well means a shaded container used for holding live lobsters
aboard a vessel in which aerated seawater is continuously circulated
from the sea. Circulation of seawater at a rate that replaces the water
at least every 8 minutes meets the requirement for aeration.
Off Florida means the area from the Florida coast to the outer limit
of the EEZ between the Georgia/Florida boundary (30 deg.42'45.6"N.
latitude) and the Alabama/Florida boundary (87 deg.31'06"W. longitude).
Off the Gulf states, other than Florida means the area from the
coast to the outer limit of the EEZ between the Texas/Mexico border to
the Alabama/Florida boundary (87 deg.31'06" W. long.).
Off Monroe County, Florida means the area from the Florida coast to
the outer limit of the EEZ between a line extending directly east from
the Dade/Monroe County, Florida boundary
[[Page 186]]
(25 deg.20.4'N. latitude) and a line extending directly west from the
Monroe/Collier County, Florida boundary (25 deg.48.0'N. latitude).
Off the southern Atlantic states, other than Florida means the area
from the coast to the outer limit of the EEZ between the Virginia/North
Carolina boundary (36 deg.34'55" N. lat.) to the Georgia/Florida
boundary (30 deg.42'45.6" N. lat.).
Recreational fishing means fishing or fishing activities which
result in the harvest of fish, none of which (or parts thereof) is sold,
traded, or bartered.
Regional Director means the Director, Southeast Region, NMFS, 9721
Executive Center Drive N., St. Petersburg, FL 33702, telephone 813-570-
5301; or a designee.
Slipper (Spanish) lobster means the species Scyllarides nodifer.
Spiny lobster means the species Panulirus argus.
Tail length means the lengthwise measurement of the entire tail
(segmented portion), not including any protruding muscle tissue, of a
spiny lobster along the top middorsal line (middle of the back) to the
rearmost extremity. The measurement is made with the tail in a flat,
straight position with the tip of the tail closed.
Trip means a fishing trip, regardless of number of days' duration,
that begins with departure from a dock, berth, beach, seawall, or ramp
and that terminates with return to a dock, berth, beach, seawall, or
ramp.
[47 FR 29203, July 2, 1982, as amended at 52 FR 22659, June 15, 1987; 53
FR 17196, May 16, 1988; 53 FR 24655, June 29, 1988; 53 FR 38294, Sept.
30, 1988; 55 FR 26448, June 28, 1990; 57 FR 56518, Nov. 30, 1992; 58 FR
38979, July 21, 1993; 59 FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14,
1995]
Sec. 640.3 Relation to other laws.
(a) The relation of this part to other laws is set forth in
Sec. 620.3 of this chapter and paragraph (b) of this section.
(b) The regulations in this part apply within the boundaries of any
national park, monument, or marine sanctuary in the Gulf of Mexico and
South Atlantic EEZ.
[47 FR 29203, July 2, 1982, as amended at 52 FR 22659, June 15, 1987; 53
FR 24655, June 29, 1988]
Sec. 640.4 Permits and fees.
(a) Applicability--(1) Licenses, certificates, and permits--(i) EEZ
off Florida and spiny lobster landed in Florida. For a person to sell,
trade, or barter, or attempt to sell, trade, or barter, a spiny lobster
harvested or possessed in the EEZ off Florida, or harvested in the EEZ
other than off Florida and landed from a fishing vessel in Florida, or
for a person to be exempt from the daily bag and possession limit
specified in Sec. 640.23(b)(1) for such spiny lobster, such person must
have the licenses and certificates specified to be a ``commercial
harvester,'' as defined in Rule 46-24.002(2), Florida Administrative
Code, in effect as of June 1, 1994. This incorporation by reference was
approved by the Director of the Office of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from the Florida Marine Fisheries Commission, 2540 Executive
Center Circle West, Suite 106, Tallahassee, FL 32301; telephone: 904-
487-0554. Copies may be inspected at the Office of the Regional
Director; the Office of Fisheries Conservation and Management, NMFS,
1315 East-West Highway, Silver Spring, MD; or the Office of the Federal
Register, 800 North Capitol Street NW, Suite 700, Washington, DC.
(ii) EEZ other than off Florida. For a person to sell, trade, or
barter, or attempt to sell, trade, or barter, a spiny lobster harvested
in the EEZ other than off Florida or for a person to be exempt from the
daily bag and possession limit specified in Sec. 640.23(b)(1) for such
spiny lobster, a Federal vessel permit must be issued to the harvesting
vessel and must be on board. However, see paragraph (a)(1)(i) of this
section for the licenses and certificates required for a person to
possess or land spiny lobster harvested in the EEZ other than off
Florida and subsequently possessed in the EEZ off Florida or landed from
a fishing vessel in Florida.
(2) Tail-separation permits. For a person to possess aboard a
fishing vessel a separated spiny lobster tail in or from the EEZ, a
tail-separation permit must be issued to the vessel and must be on
board.
[[Page 187]]
(3) Corporation/partnership-owned vessels. For a vessel owned by a
corporation or partnership to be eligible for a Federal vessel permit
specified in paragraph (a)(1)(ii) of this section, the earned income
qualification specified in paragraph (b)(2)(vi) of this section must be
met by, and the statement required by that paragraph must be submitted
by, an officer or shareholder of the corporation, a general partner of
the partnership, or the vessel operator.
(4) Operator-qualified permits. A vessel permit issued upon the
qualification of an operator is valid only when that person is the
operator of the vessel.
(b) Applications for permits. (1) An application for a Federal
vessel and/or tail-separation permit must be submitted and signed by the
owner (in the case of a corporation, a qualifying officer or
shareholder; in the case of a partnership, a qualifying general partner)
or operator of the vessel. The application must be submitted to the
Regional Director at least 30 days prior to the date on which the
applicant desires to have the permit made effective.
(2) An applicant must provide the following information:
(i) A copy of the vessel's U.S. Coast Guard certificate of
documentation or, if not documented, a copy of its state registration
certificate.
(ii) The vessel's name and official number.
(iii) Name, mailing address including zip code, telephone number,
social security number, and date of birth of the owner (if the owner is
a corporation/partnership, in lieu of the social security number,
provide the employer identification number, if one has been assigned by
the Internal Revenue Service, and, in lieu of the date of birth, provide
the date the corporation/partnership was formed).
(iv) If the owner does not meet the earned income qualification
specified in paragraph (b)(2)(vi) of this section and the operator does
meet that qualification, the name, mailing address including zip code,
telephone number, social security number, and date of birth of the
operator.
(v) Information concerning vessel, gear used, fishing areas, and
fisheries vessel is used in, as requested by the Regional Director and
included on the application form.
(vi) A sworn statement by the applicant for a vessel permit
certifying that at least 10 percent of his or her earned income was
derived from commercial fishing, that is, sale of the catch, during the
calendar year preceding the application.
(vii) Documentation supporting the statement of income, if required
under paragraph (b)(3) of this section.
(viii) If a tail-separation permit is desired, a sworn statement by
the applicant certifying that his or her fishing activity--
(A) Is routinely conducted in the EEZ on trips of 48 hours or more;
and
(B) Necessitates the separation of carapace and tail to maintain a
quality product.
(ix) Any other information that may be necessary for the issuance or
administration of the permit, as requested by the Regional Director and
included on the application form.
(3) The Regional Director may require the applicant to provide
documentation supporting the sworn statement under paragraph (b)(2)(vi)
of this section before a permit is issued or to substantiate why such
permit should not be revoked or otherwise sanctioned under paragraph (h)
of this section. Such required documentation may include copies of
appropriate forms and schedules from the applicant's income tax return.
Copies of income tax forms and schedules are treated as confidential.
(c) Change in application information. The owner or operator of a
vessel with a permit must notify the Regional Director within 30 days
after any change in the application information specified in paragraph
(b) of this section. The permit is void if any change in the information
is not reported within 30 days.
(d) Fees. A fee is charged for each permit application submitted
under paragraph (b) of this section. The amount of the fee is calculated
in accordance with the procedures of the NOAA Finance Handbook for
determining the administrative costs of each special product or service.
The fee may not exceed such costs and is specified with
[[Page 188]]
each application form. The appropriate fee must accompany each
application.
(e) Issuance. (1) The Regional Director will issue a permit at any
time to an applicant if the application is complete and the applicant
meets the earned income requirement specified in paragraph (b)(2)(vi) of
this section. An application is complete when all requested forms,
information, and documentation have been received.
(2) Upon receipt of an incomplete application, the Regional Director
will notify the applicant of the deficiency. If the applicant fails to
correct the deficiency within 30 days of the date of the Regional
Director's letter of notification, the application will be considered
abandoned.
(f) Duration. A permit remains valid for the period specified on it
unless the vessel is sold or the permit is revoked, suspended, or
modified pursuant to subpart D of 15 CFR part 904.
(g) Transfer. A permit issued pursuant to this section is not
transferable or assignable. A person purchasing a permitted vessel who
desires to conduct activities for which a permit is required must apply
for a permit in accordance with the provisions of paragraph (b) of this
section. The application must be accompanied by a copy of a signed bill
of sale.
(h) Display. A permit issued pursuant to this section must be
carried on board the vessel, and such vessel must be identified as
required by Sec. 640.6. The operator of a vessel must present the permit
for inspection upon the request of an authorized officer.
(i) Sanctions and denials. A permit issued pursuant to this section
may be revoked, suspended, or modified, and a permit application may be
denied, in accordance with the procedures governing enforcement-related
permit sanctions and denials found at subpart D of 15 CFR part 904.
(j) Alteration. A permit that is altered, erased, or mutilated is
invalid.
(k) Replacement. A replacement permit may be issued. An application
for a replacement permit will not be considered a new application. A
fee, the amount of which is stated with the application form, must
accompany each request for a replacement permit.
[57 FR 56518, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994;
60 FR 41830, Aug. 14, 1995]
Sec. 640.5 Recordkeeping and reporting. [Reserved]
Sec. 640.6 Vessel and gear identification.
(a) EEZ off Florida. (1) An owner or operator of a vessel that is
used to harvest spiny lobsters by traps in the EEZ off Florida must
comply with the vessel and gear identification requirements applicable
to the harvesting of spiny lobsters by traps in Florida's waters in
sections 370.14(2)(a) and (3) and 370.142(2)(b), Florida Statutes, in
effect as of July 1, 1994, and in Rule 46-24.006(3), (4), and (5),
Florida Administrative Code, in effect as of June 1, 1994.
(2) An owner or operator of a vessel that is used to harvest spiny
lobsters by diving in the EEZ off Florida must comply with the vessel
identification requirements applicable to the harvesting of spiny
lobsters by diving in Florida's waters in Rule 46-24.006(6), Florida
Administrative Code, in effect as of June 1, 1994.
(3) The incorporation by reference in paragraphs (a)(1) and (a)(2)
of this section of sections 370.14(2)(a) and (3) and 370.142(2)(b),
Florida Statutes, and Rule 46-24.006(3), (4), (5), and (6), Florida
Administrative Code, was approved by the Director of the Office of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Copies may be obtained from the Florida Marine Fisheries Commission,
2540 Executive Center Circle West, Suite 106, Tallahassee, FL 32301;
telephone: 904-487-0554. Copies may be inspected at the Office of the
Regional Director; the Office of Fisheries Conservation and Management,
NMFS, 1315 East-West Highway, Silver Spring, MD; or the Office of the
Federal Register, 800 North Capitol Street NW, Suite 700, Washington,
DC.
(b) EEZ other than off Florida. (1) The owner or operator of a
vessel that is used to harvest spiny lobsters in the EEZ other than off
Florida, must meet the following vessel and gear identification
requirements:
[[Page 189]]
(i) The vessel's Florida crawfish license or trap number or, if not
licensed by Florida, the vessel's Federal vessel permit number must be
permanently and conspicuously displayed horizontally on the uppermost
structural portion of the vessel in numbers at least 10 inches (25.4 cm)
high so as to be readily identifiable from the air and water;
(ii) If the vessel uses spiny lobster traps in the EEZ, other than
off Florida--
(A) The vessel's color code, as assigned by Florida or, if a color
code has not been assigned by Florida, as assigned by the Regional
Director, must be permanently and conspicuously displayed above the
number specified in paragraph (b)(1)(i) of this section so as to be
readily identifiable from the air and water, such color code being in
the form of a circle at least 20 inches (50.8 cm) in diameter on a
background of colors contrasting to those contained in the assigned
color code;
(B) A buoy or timed-release buoy of such strength and buoyancy to
float must be attached to each spiny lobster trap or at each end of a
string of traps;
(C) A buoy used to mark spiny lobster traps must bear the vessel's
assigned color code and be of such color, hue, and brilliancy as to be
easily distinguished, seen, and located;
(D) A buoy used to mark spiny lobster traps must bear the vessel's
Florida crawfish license or trap number or, if not licensed by Florida,
the vessel's Federal vessel permit number in numbers at least 2 inches
(5.08 cm) high; and
(E) A spiny lobster trap must bear the vessel's Florida crawfish
license or trap number or, if not licensed by Florida, the vessel's
Federal vessel permit number permanently and legibly affixed.
(2) A spiny lobster trap in the EEZ, other than off Florida, will be
presumed to be the property of the most recently documented owner. Upon
the sale or transfer of a spiny lobster trap used in the EEZ, other than
off Florida, within 5 days of acquiring ownership, the person acquiring
ownership must notify the Florida Division of Law Enforcement of the
Department of Environmental Protection, for a trap that bears a Florida
crawfish license or trap number, or the Regional Director, for a trap
that bears a Federal vessel permit number, as to the number of traps
purchased, the vendor, and the crawfish license or trap number, or
Federal vessel permit number, currently displayed on the traps, and must
request issuance of a crawfish license or trap number, or Federal vessel
permit, if the acquiring owner does not possess such license or trap
number or permit.
(c) Unmarked traps and buoys. An unmarked spiny lobster trap or buoy
in the EEZ is illegal gear. Such trap or buoy, and any connecting lines,
will be considered unclaimed or abandoned property and may be disposed
of in any manner considered appropriate by the Assistant Administrator
or an authorized officer. An owner of such trap or buoy remains subject
to appropriate civil penalties.
[57 FR 56519, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994;
60 FR 41830, Aug. 14, 1995]
Sec. 640.7 Prohibitions.
In addition to the general prohibitions specified in Sec. 620.7 of
this chapter, it is unlawful for any person to do any of the following:
(a) Sell, trade, or barter, or attempt to sell, trade, or barter, a
spiny lobster in or from the EEZ without a required license,
certificate, or permit, as specified in Sec. 640.4(a)(1).
(b) Falsify information specified in Sec. 640.4(b)(2) on an
application for a permit.
(c) Fail to display a permit, as specified in Sec. 640.4(h).
(d) Falsify or fail to display and maintain vessel and gear
identification, as required by Sec. 640.6 (a) and (b).
(e) Possess a spiny lobster trap in the EEZ at a time not
authorized, as specified in Sec. 640.20(b)(3)(i) and (b)(3)(ii).
(f) Possess a spiny lobster in or from the EEZ at a time not
authorized, as specified in Sec. 640.20(b)(4).
(g) Fail to return immediately to the water a berried spiny lobster
or slipper lobster; strip eggs from or otherwise molest a berried spiny
lobster or slipper lobster; or possess a spiny lobster or slipper
lobster, or part thereof, from which eggs, swimmerettes, or pleopods
[[Page 190]]
have been removed or stripped; as specified in Sec. 640.21(a).
(h) Possess or fail to return immediately to the water unharmed a
spiny lobster smaller than the minimum size limits specified in
Sec. 640.21 (b)(1) and (b)(3), except as provided in Sec. 640.21(c).
(i) Harvest or attempt to harvest a spiny lobster by diving without
having and using in the water a measuring device, or fail to release an
undersized spiny lobster in the water, as specified in
Sec. 640.21(b)(2).
(j) Possess an undersized spiny lobster for use as an attractant in
a trap in quantities or under conditions not authorized in
Sec. 640.21(c).
(k) Possess a separated spiny lobster tail, except as specified in
Sec. 640.21(d).
(l) Possess a spiny lobster harvested by prohibited gear or methods;
or possess on board a fishing vessel any dynamite or similar explosive
substance; as specified in Sec. 640.20(b) and Sec. 640.22 (a)(1) and
(a)(3).
(m) Use or possess in the EEZ a spiny lobster trap that does not
meet the requirements specified in Sec. 640.22(b)(1).
(n) Pull or tend a spiny lobster trap other than during daylight
hours, as specified in Sec. 640.22(b)(2).
(o) Pull or tend another person's spiny lobster trap, except as
authorized in Sec. 640.22(b)(3).
(p) Possess spiny lobsters in or from the EEZ in an amount exceeding
the daily bag and possession limit specified in Sec. 640.23 (a), (b)(1),
or (b)(2) except as authorized in Sec. 640.23(b)(3) and (b)(4).
(q) Possess spiny lobsters aboard a vessel that uses or has on board
a net or trawl in an amount exceeding the limits, as specified in
Sec. 640.23(b)(4).
(r) Operate a vessel that fishes for or possesses spiny lobster in
or from the EEZ with spiny lobster aboard in an amount exceeding the
cumulative bag and possession limit, as specified in Sec. 640.23(d).
(s) Transfer or receive at sea spiny lobster in or from the EEZ
caught under the bag and possession limits, as specified in
Sec. 640.23(e).
(t) Interfere with, obstruct, delay, or prevent by any means an
investigation, search, seizure, or disposition of seized property in
connection with enforcement of the Magnuson Act.
(u) Make any false statement, oral or written, to an authorized
officer concerning the taking, catching, harvesting, landing, purchase,
sale, possession, or transfer of a spiny lobster.
[57 FR 56520, Nov 30, 1992, as amended at 58 FR 38979, July 21, 1993; 58
FR 61845, Nov. 23, 1993; 59 FR 53119, Oct. 21, 1994; 60 FR 41831, Aug.
14, 1995]
Sec. 640.8 Facilitation of enforcement.
See Sec. 620.8 of this chapter.
[53 FR 24656, June 29, 1988]
Sec. 640.9 Penalties.
See Sec. 620.9 of this chapter.
[53 FR 24656, June 29, 1988]
Subpart B--Management Measures
Source: 57 FR 56520, Nov. 30, 1992, unless otherwise noted.
Sec. 640.20 Seasons.
(a) EEZ off the southern Atlantic states, other than Florida. In the
EEZ off the southern Atlantic states, other than Florida, there are no
seasonal restrictions on the harvest of spiny lobster or on the
possession of traps.
(b) EEZ off Florida and off the Gulf states, other than Florida--(1)
Commercial and recreational fishing season. The commercial and
recreational fishing season for spiny lobster in the EEZ off Florida and
the EEZ off the Gulf states, other than Florida, begins on August 6 and
ends on March 31.
(2) Special recreational fishing seasons--(i) EEZ off Florida. There
is a 2-day special recreational fishing season in the EEZ off Florida on
the last Wednesday and successive Thursday of July each year during
which fishing for spiny lobster is limited to diving or use of a bully
net or hoop net. (See Sec. 640.22(a) for general prohibitions on gear
and methods.) In the EEZ off Monroe County, Florida, no person may
harvest spiny lobster by diving at night, that is, from 1 hour after
official sunset to 1 hour before official sunrise, during this 2-day
special recreational fishing season.
[[Page 191]]
(ii) EEZ off the Gulf states, other than Florida. There is a 2-day
special recreational fishing season in the EEZ off the Gulf states,
other than Florida, during the last Saturday and successive Sunday of
July each year during which fishing for spiny lobster may be conducted
by authorized gear and methods other than traps. (See Sec. 640.22(a) for
general prohibitions on gear and methods.)
(3) Possession of traps. (i) In the EEZ off Florida, the rules and
regulations applicable to the possession of spiny lobster traps in
Florida's waters in Rule 46-24.005(3), (4), and (5), Florida
Administrative Code, in effect as of June 1, 1994, apply in their
entirety to the possession of spiny lobster traps in the EEZ off
Florida. This incorporation by reference was approved by the Director of
the Office of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be obtained from the Florida Marine
Fisheries Commission, 2540 Executive Center Circle West, Suite 106,
Tallahassee, FL 32301; telephone: 904-487-0554. Copies may be inspected
at the Office of the Regional Director; the Office of Fisheries
Conservation and Management, NMFS, 1315 East-West Highway, Silver
Spring, MD; or the Office of the Federal Register, 800 North Capitol
Street NW, Suite 700, Washington, DC.
(ii) In the EEZ off the Gulf states, other than Florida, a spiny
lobster trap may be placed in the water prior to the commercial and
recreational fishing season, which is specified in paragraph (b)(1) of
this section beginning on August 1 and must be removed from the water
after such season not later than April 5.
(iii) A spiny lobster trap, buoy, or rope in the EEZ off Florida or
in the EEZ off the Gulf states, other than Florida, during periods not
authorized in paragraphs (b)(3)(i) and (b)(3)(ii) of this section will
be considered unclaimed or abandoned property and may be disposed of in
any manner considered appropriate by the Assistant Administrator or an
authorized officer. An owner of such trap, buoy, or rope remains subject
to appropriate civil penalties.
(4) Possession of spiny lobsters. In the EEZ off Florida and the
Gulf states, a whole or a part of a spiny lobster subject to these
regulations may only be possessed during the commercial and recreational
fishing season and the special recreational fishing season specified in
Sec. 640.20, unless accompanied by proof of lawful harvest in the waters
of a foreign nation. Consistent with the provisions of paragraphs
(b)(3)(i) and (ii) of this section, a spiny lobster in a trap in this
area will not be deemed to be possessed provided such spiny lobster is
returned immediately to the water unharmed when a trap is removed from
the water between March 31 and April 15.
(c) Primacy of seasonal restrictions in the EEZ off Florida. The
seasonal restrictions applicable in the EEZ off Florida apply to all
spiny lobsters and traps in the EEZ off Florida, without regard to
harvest or use elsewhere, unless accompanied by proof of lawful harvest
elsewhere.
[60 FR 41831, Aug. 14, 1995]
Sec. 640.21 Harvest limitations.
(a) Berried lobsters. A berried (egg-bearing) spiny lobster or
slipper lobster in or from the EEZ must be returned immediately to the
water unharmed. If found in a trap in the EEZ, a berried spiny lobster
or slipper lobster may not be retained in the trap. A berried spiny
lobster or slipper lobster in or from the EEZ may not be stripped of its
eggs or otherwise molested. The possession of a spiny lobster or slipper
lobster, or part thereof, in or from the EEZ from which eggs,
swimmerettes, or pleopods have been removed or stripped is prohibited.
(b) Minimum size limits. (1) Except as provided in paragraph (c) of
this section--
(i) No person may possess a spiny lobster in or from the EEZ with a
carapace length of 3.0 inches (7.62 cm) or less; and
(ii) A spiny lobster, harvested in the EEZ by means other than
diving, with a carapace length of 3.0 inches (7.62 cm) or less must be
returned immediately to the water unharmed.
(2) No person may harvest or attempt to harvest a spiny lobster by
diving in the EEZ unless he or she possesses, while in the water, a
measuring device capable of measuring the carapace length. A spiny
lobster captured by a
[[Page 192]]
diver must be measured in the water using such measuring device and, if
the spiny lobster has a carapace length of 3.0 inches (7.62 cm) or less,
it must be released unharmed immediately without removal from the water.
(3) Aboard a vessel authorized under paragraph (d) of this section
to possess a separated spiny lobster tail, no person may possess in or
from the EEZ a separated spiny lobster tail with a tail length less than
5.5 inches (13.97 cm).
(c) Undersized attractants. A live spiny lobster under the minimum
size limit specified in paragraph (b)(1) of this section that is
harvested in the EEZ by a trap may be retained aboard the harvesting
vessel for future use as an attractant in a trap provided it is held in
a live well aboard the vessel. No more than fifty undersized spiny
lobsters, or one per trap aboard the vessel, whichever is greater, may
be retained aboard for use as attractants. The live well must provide a
minimum of \3/4\ gallons (1.7 liters) of seawater per spiny lobster. An
undersized spiny lobster so retained must be released to the water alive
and unharmed immediately upon leaving the trap lines and prior to one
hour after official sunset each day.
(d) Tail separation. The possession aboard a fishing vessel of a
separated spiny lobster tail in or from the EEZ is authorized only when
the possession is incidental to fishing exclusively in the EEZ on a trip
of 48 hours or more and a Federal tail-separation permit specified in
Sec. 640.4(a)(2) has been issued to and is on board the vessel.
[57 FR 56520, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994]
Sec. 640.22 Gear and diving restrictions.
(a) Prohibited gear and methods. (1) A spiny lobster may not be
taken in the EEZ with a spear, hook, or similar device, or gear
containing such devices. In the EEZ, the possession of a speared,
pierced, or punctured spiny lobster is prima facie evidence that
prohibited gear was used to take such lobster. Hook, as used in this
paragraph (a)(1), does not include a hook in a hook-and-line fishery for
species other than spiny lobster; and possession of a spiny lobster that
has been speared, pierced, or punctured by such hook is not considered
evidence that prohibited gear was used to take the spiny lobster,
provided no prohibited gear is on board the vessel.
(2) A spiny lobster may not be taken in a directed fishery by the
use of a net or trawl. See Sec. 640.23(d) for the bycatch limits
applicable to a vessel that uses or has on board a net or trawl.
(3) Poisons and explosives may not be used to take a spiny lobster
or slipper lobster in the EEZ. For the purposes of this paragraph
(a)(3), chlorine, bleach, and similar substances, which are used to
flush a spiny lobster out of rocks or coral, are poisons. A vessel in
the spiny lobster or slipper lobster fishery may not possess on board in
the EEZ any dynamite or similar explosive substance.
(b) Traps. (1) In the EEZ, a spiny lobster trap may be no larger in
dimension than 3 feet by 2 feet by 2 feet (91.4 cm by 61.0 cm by 61.0
cm), or the volume equivalent. A trap constructed of material other than
wood must have a panel constructed of wood, cotton, or other material
that will degrade at the same rate as a wooden trap. Such panel must be
located in the upper half of the sides or on top of the trap, so that,
when removed, there will be an opening in the trap no smaller than the
diameter found at the throat or entrance of the trap.
(2) A spiny lobster trap in the EEZ may be pulled or tended during
daylight hours only, that is, from 1 hour before official sunrise to 1
hour after official sunset.
(3) A spiny lobster trap in the EEZ may be pulled or tended only by
the owner's vessel, or by a vessel for which permission to pull or work
traps belonging to another person has been granted--
(i) For traps in the EEZ off Florida, by the Florida Division of Law
Enforcement, Department of Environmental Protection, in accordance with
the procedures in Rule 46-24.006(7), Florida Administrative Code, in
effect as of June 1, 1994. This incorporation by reference was approved
by the Director of the Office of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the
Florida Marine Fisheries Commission, 2540 Executive Center Circle West,
Suite 106, Tallahassee,
[[Page 193]]
FL 32301; telephone: 904-487-0554. Copies may be inspected at the Office
of the Regional Director; the Office of Fisheries Conservation and
Management, NMFS, 1315 East-West Highway, Silver Spring, MD; or the
Office of the Federal Register, 800 North Capitol Street NW, Suite 700,
Washington, DC.
(ii) For traps in the EEZ, other than off Florida, by the Regional
Director, as may be arranged upon written request.
[57 FR 56520, Nov. 30, 1992, as amended at 58 FR 38980, July 21, 1993;
60 FR 41831, Aug. 14, 1995]
Sec. 640.23 Bag/possession limits.
(a) EEZ off the southern Atlantic states, other than Florida. The
daily bag or possession limit for spiny lobster in or from the EEZ off
the southern Atlantic states, other than Florida, is two per person for
commercial and recreational fishing, year-round.
(b) EEZ off Florida and off the Gulf states, other than Florida--(1)
Commercial and recreational fishing season. Except as specified in
paragraphs (b)(3) and (b)(4) of this section, during the commercial and
recreational fishing season specified in Sec. 640.20(b)(1), the daily
bag or possession limit of spiny lobster in or from the EEZ off Florida
and off the Gulf states, other than Florida, is six per person.
(2) Special recreational fishing seasons. During the special
recreational fishing seasons specified in Sec. 640.20(b)(2), the daily
bag or possession limit of spiny lobster--
(i) In or from the EEZ off the Gulf states, other than Florida, is
six per person;
(ii) In or from the EEZ off Florida other than off Monroe County,
Florida, is twelve per person; and
(iii) In or from the EEZ off Monroe County, Florida, is six per
person.
(3) Exemption from the bag/possession limit. During the commercial
and recreational fishing season specified in Sec. 640.20(b)(1), a person
is exempt from the bag and possession limit specified in paragraph (a)
of this section, provided--
(i) The harvest of spiny lobsters is by diving, or by the use of a
bully net, hoop net, or spiny lobster trap; and
(ii) The vessel from which the person is operating has on board the
required licenses, certificates, or permits, as specified in
Sec. 640.4(a)(1).
(4) Harvest by net or trawl. During the commercial and recreational
fishing season specified in Sec. 640.20(b)(1), aboard a vessel with the
required licenses, certificates, or permits specified in
Sec. 640.4(a)(1) that harvests spiny lobster by net or trawl or has on
board a net or trawl, the possession of spiny lobster in or from the EEZ
off Florida and off the Gulf states, other than Florida, may not exceed
at any time 5 percent, whole weight, of the total whole weight of all
fish lawfully in possession on board such vessel. If such vessel
lawfully possesses a separated spiny lobster tail, the possession of
spiny lobster in or from the EEZ may not exceed at any time 1.6 percent,
by weight of the spiny lobster or parts thereof, of the total whole
weight of all fish lawfully in possession on board such vessel. For the
purposes of this paragraph (b)(4), the term ``net or trawl'' does not
include a hand-held net, a loading or dip net, a bully net, or a hoop
net.
(5) Diving at night. The provisions of paragraph (b)(3) of this
section notwithstanding, a person who harvests spiny lobster in the EEZ
by diving at night, that is, from 1 hour after official sunset to 1 hour
before official sunrise, is limited to the bag limit specified in
paragraph (b)(1) of this section, whether or not a Federal vessel permit
specified in Sec. 640.4(a)(1) has been issued to and is on board the
vessel from which the diver is operating.
(c) Combination of bag/possession limits. A person who fishes for or
possesses spiny lobster in or from the EEZ under a bag or possession
limit specified in paragraph (a) or (b) of this section may not combine
the bag or possession limits of those paragraphs or combine such bag or
possession limit with a bag or possession limit applicable to state
waters.
(d) Responsibility for bag/possession limits. The operator of a
vessel that fishes for or possesses spiny lobster in or from the EEZ is
responsible for the cumulative bag or possession limit specified in
paragraphs (a) and (b) of this section applicable to that vessel, based
on the number of persons aboard.
[[Page 194]]
(e) Transfer at sea. A person who fishes for or possesses spiny
lobster in or from the EEZ under a bag or possession limit specified in
paragraph (a) or (b) of this section may not transfer a spiny lobster at
sea from a fishing vessel to any other vessel, and no person may receive
at sea such spiny lobster.
[60 FR 41831, Aug. 14, 1995]
Sec. 640.24 Authorized activities.
The Assistant Administrator may authorize, for the acquisition of
information and date, activities otherwise prohibited by the regulations
in this part.
[57 FR 56520, Nov. 30, 1992, as amended at 60 FR 41832, Aug. 14, 1995]
Figures--Part 640
[GRAPHIC] [TIFF OMITTED] TC03MR91.059
[47 FR 29203, July 2, 1982. Redesignated at 57 FR 56518, Nov. 30, 1992]
PART 644--ATLANTIC BILLFISHES--Table of Contents
Subpart A--General Provisions
Sec.
644.1 Purpose and scope.
644.2 Definitions.
644.3 Relation to other laws.
644.4 Permits and fees. [Reserved]
644.5 Recordkeeping and reporting.
644.6 Vessel identification. [Reserved]
644.7 Prohibitions.
644.8 Facilitation of enforcement.
644.9 Penalties.
644.10 Recordkeeping and reporting.
Subpart B--Management Measures
644.20 Fishing year.
644.21 Size limits.
644.22 Gear limitations.
644.23 Incidental catch restrictions.
644.24 Restrictions on sale.
644.25 Specifically authorized activities.
644.26 Catch limits.
Authority: 16 U.S.C. 1801 et seq.
Source: 53 FR 37769, Sept. 28, 1988, unless otherwise noted.
Subpart A--General Provisions
Sec. 644.1 Purpose and scope.
(a) The purpose of this part is to implement the Fishery Management
Plan for Atlantic Billfishes prepared jointly by the South Atlantic, New
England, Mid-Atlantic, Gulf of Mexico, and Caribbean Fishery Management
Councils.
(b) This part governs conservation and management of billfish off
the Atlantic, Gulf of Mexico, and Caribbean coastal states, and
regulates the possession or sale in any state of a billfish harvested
from its management unit.
[53 FR 37769, Sept. 28, 1988, as amended at 56 FR 13417, Apr. 2, 1991]
[[Page 195]]
Sec. 644.2 Definitions.
In addition to the definitions in the Magnuson Act and in Sec. 620.2
of this chapter, the terms used in this part have the following
meanings:
Billfish means sailfish, Istiophorus platypterus; white marlin,
Tetrapturus albidus; blue marlin, Makaira nigricans, and longbill
spearfish, Tetrapturus pfluegeri.
Billfish tournament means any fishing competition involving billfish
in which participants must register or otherwise enter or in which a
prize or award is offered for catching billfish.
Councils means the following Regional Fishery Management Councils:
(a) South Atlantic Fishery Management Council, Southpark Building,
Suite 306, 1 Southpark Circle, Charleston, SC 29407-4699;
(b) New England Fishery Management Council, Suntaug Office Park, 5
Broadway, Saugus, MA 01906;
(c) Mid-Atantic Fishery Management Council, Federal Building, Room
2115, 300 South New Street, Dover, DE 19901-6790;
(d) Gulf of Mexico Fishery Management Council, 5401 W. Kennedy
Boulevard, Suite 881, Tampa, FL 33609;
(e) Caribbean Fishery Management Council, Suite 1108, Banco de Ponce
Building, Hato Rey, PR 00918-2577.
Dealer, for the purposes of this part 644, means a person, other
than the consumer, who receives fish by way of purchase, barter, or
trade.
Drift net, sometimes called a drift entanglement net or drift gill
net, means a flat, unmoored net suspended vertically in the water that
entangles the head or other body parts of fish that attempt to pass
through the meshes.
EEZ, for the purposes of this part 644, means the EEZ, as defined at
50 CFR 620.2, in the Atlantic Ocean including the Gulf of Mexico and the
Caribbean Sea.
Eye-fork length (EFL) means the straight-line measurement from the
eye to the fork of the caudal fin, as shown in figure 1.
[GRAPHIC] [TIFF OMITTED] TC03MR91.060
Lower jaw-fork length (LJFL) means the straight-line measurement
from the tip of the lower jaw to the fork of the caudal fin, as shown in
figure 1.
Management unit means--
(a) For blue marlin and white marlin, the waters of the North
Atlantic Ocean (including the Gulf of Mexico and the Caribbean Sea)
north of 5 deg. N. latitude;
[[Page 196]]
(b) For sailfish, the waters of the North and South Atlantic Oceans
(including the Gulf of Mexico and the Caribbean Sea) west of 30 deg. W.
longitude; and
(c) For longbill spearfish, the waters of the entire North and South
Atlantic Oceans (including the Gulf of Mexico and the Caribbean Sea).
Pelagic longline means a type of fishing gear consisting of a length
of line suspended horizontally in the water above the bottom from lines
attached to surface floats and to which gangions (leaders) and hooks are
attached.
Regional Director means the Director, Southeast Region, NMFS, 9721
Executive Center Drive N., St. Petersburg, FL 33702; telephone 813-570-
5301, or a designee.
Related species means black marlin, Makaira indica; striped marlin,
Tetrapturus audax; or shortbill spearfish, Tetrapturus angustirostris.
Rod and reel means a hand-held (includes rod holder) fishing rod
with a manually or electrically operated reel attached.
Science and Research Director means the Science and Research
Director, Southeast Fisheries Center, NMFS, 75 Virginia Beach Drive,
Miami, FL 33149, telephone 305-361-5761, or a designee.
Total length (TL) means the straight-line measurement from the tip
of the upper jaw to the plane of the more extended tip of the caudal fin
when in its natural position, as shown in figure 1.
[53 FR 37769, Sept. 28, 1988, as amended at 56 FR 13417, Apr. 2, 1991;
60 FR 35341, July 7, 1995]
Sec. 644.3 Relation to other laws.
(a) The relation of this part to other laws is set forth in
Sec. 620.3 of this chapter and paragraph (b) of this section.
(b) Regulations governing fishing in the EEZ by vessels other than
vessels of the United States appear at 50 CFR part 611, subpart A, and
Secs. 611.60 and 611.61.
Sec. 644.4 Permits and fees. [Reserved]
Sec. 644.5 Recordkeeping and reporting.
A person conducting a billfish tournament from a port in an
Atlantic, Gulf of Mexico, or Caribbean State, and who is selected by the
Science and Research Director, must maintain and submit a fishing record
on forms available from the Science and Research Director for each day
of fishing in the tournament. Forms must be submitted so as to be
received by the Science and Research Director within 10 days of the
conclusion of the tournament and must be accompanied by a copy of the
tournament rules.
(a) The following information must be included on each form:
(1) Tournament name;
(2) Recorder's name and telephone number;
(3) Date for which the information is recorded;
(4) Hours fished (time from first line in the water to last line out
of the water);
(5) Name of each vessel fishing that day;
(6) For each vessel listed, the species of each billfish boated or
released;
(7) The weight and length of each billfish brought ashore;
(8) The name, address, and signature of the tournament director; and
(9) The date signed.
(b) In addition to the information required to be reported by
paragraph (a) of this section, the following information is desired, but
is not mandatory:
(1) Prevailing weather conditions on the day reported, such as wind
speed and direction, and sea height and direction; and
(2) Whether a tag was attached before the billfish was released.
(Approved by the Office of Management and Budget under control number
0648-0031)
Effective Date Note: At 63 FR 14033, Mar. 24, 1998, Sec. 644.5 was
suspended, effective Mar. 27, 1998, through Sept. 23, 1998. At 63 FR
51859, Sept. 29, 1998, the suspension of Sec. 644.5 was extended through
Mar. 19, 1999.
Sec. 644.6 Vessel identification. [Reserved]
Sec. 644.7 Prohibitions.
In addition to the general prohibitions specified in Sec. 620.7 of
this chapter, it is unlawful for any person to do any of the following:
(a) Falsify or fail to report information required to be submitted,
as specified in Sec. 644.5.
[[Page 197]]
(b) Possess a billfish less than the minimum size limit specified in
Sec. 644.21(a).
(c) Fail to release a billfish in the manner specified in
Sec. 644.21(b) or Sec. 644.23.
(d) Possess a billfish with its head, fins, or bill removed
shoreward of the outer boundary of the EEZ or through landing, as
specified in Sec. 644.21(c).
(e) Possess or retain a billfish by a vessel with a pelagic longline
or drift net aboard or harvested by gear other than rod and reel, as
specified in Sec. 644.22.
(f) Purchase, barter, trade, sell, or offer for sale a billfish
harvested from its management unit, as specified in Sec. 644.24(a).
(g) Falsify information submitted in accordance with Sec. 644.24(b).
(h) As a dealer or seafood processor, possess a billfish or related
species without the documentation specified in Sec. 644.24(b), or with
incomplete or falsified documentation.
(i) Interfere with, obstruct, delay, or prevent by any means an
investigation, search, seizure, or disposition of seized property in
connection with enforcement of the Magnuson Act.
(Information collection requirements in paragraph (g) were approved by
the Office of Management and Budget under control number 0648-0216)
[53 FR 37769, Sept. 28, 1988, as amended at 54 FR 14239, Apr. 10, 1989;
56 FR 13417, Apr. 2, 1991]
Sec. 644.8 Facilitation of enforcement.
See Sec. 620.8 of this chapter.
Sec. 644.9 Penalties.
See Sec. 620.9 of this chapter.
Effective Date Note: At 63 FR 14033, Mar. 24, 1998, Sec. 644.10 was
added, effective Mar. 27, 1998, through Sept. 23, 1998. At 63 FR 51859,
Sept. 29, 1998, the effectiveness of Sec. 644.10 was extended through
Mar. 19, 1999.
Sec. 644.10 Recordkeeping and reporting.
A person conducting a fishing tournament involving score keeping or
awards for the capture of Atlantic billfish, regardless of whether
retained, from a port in an Atlantic, Gulf of Mexico, or Caribbean state
must notify the Science Director of the purpose, dates, and location of
the tournament by letter postmarked, or fax dated, at least 4 weeks
prior to commencement. If selected in writing by the Science Director
for reporting, that person must maintain and submit a fishing record on
forms available from the Science Director for each day of fishing in the
tournament. Completed forms must be submitted to the Science Director
postmarked not later than the seventh day after the conclusion of the
tournament and must be accompanied by a copy of the tournament rules.
(a) The following information must be included on each form:
(1) Tournament name.
(2) Recorder's name and telephone number.
(3) Date for which the information is recorded.
(4) Hours fished (time from first line in the water to last line out
of the water).
(5) Name of each vessel fishing that day.
(6) For each vessel listed, the species of each billfish boated or
released.
(7) The weight and length of each billfish brought ashore.
(8) The name, address, and signature of the tournament director.
(9) The date signed.
(b) In addition to the information required to be reported by
paragraph (a) of this section, the following information is desired, but
is not mandatory:
(1) Prevailing weather conditions on the day reported, such as wind
speed and direction, and sea height and direction.
(2) Whether a tag was attached before the billfish was released.
[63 FR 14033, Mar. 24, 1998]
Subpart B--Management Measures
Sec. 644.20 Fishing year.
The fishing year is January 1 through December 31.
Sec. 644.21 Size limits.
(a) The following minimum size limits, expressed in terms of lower
jaw-fork length (LJFL), apply for the possession of billfish shoreward
of the outer boundary of the EEZ, regardless of where caught:
[[Page 198]]
(1) Blue marlin--86 in.
(2) White marlin--62 in.
(3) Sailfish--57 in.
(4) Longbill spearfish--no minimum size.
(b) A billfish under the minimum size limit caught shoreward of the
outer boundary of the EEZ must be released by cutting the line near the
hook without removing the fish from the water.
(c) A billfish possessed aboard a fishing vessel shoreward of the
outer boundary of the EEZ must have its head, fins, and bill intact, and
a billfish landed from a fishing vessel in an Atlantic, Gulf of Mexico,
or Caribbean coastal state must have its head, fins, and bill intact
through landing. Such billfish may be eviscerated but must otherwise be
maintained in a whole condition.
(d) The following approximations of the minimum size limits for blue
marlin, white marlin, and sailfish, expressed in terms of EFL, LJFL, TL,
and whole, live weight, are provided for the convenience of fishermen.
These approximations may not be substituted for the minimum size limits
expressed in terms of LJFL specified in paragraph (a) of this section.
------------------------------------------------------------------------
Lower
Eye-fork jaw-fork Total Whole,
length length length live wt.
(in.) (in.) (in.) (lbs.)
------------------------------------------------------------------------
Blue marlin..................... 75 86 110 200
White marlin.................... 53 62 81 50
Sailfish........................ 49 57 76 30
------------------------------------------------------------------------
[53 FR 37769, Sept. 28, 1988, as amended at 56 FR 13417, Apr. 2, 1991]
Effective Date Notes: At 63 FR 14034, Mar. 24, 1998, Sec. 644.21 was
amended by suspending paragraphs (a) and (d) and adding paragraph (e)
effective Mar. 27, 1998, through Sept. 23, 1998.
2. At 63 FR 51859, Sept. 29, 1998, Sec. 644.21 was amended by
extending the effectiveness of the suspension of paragraphs (a) and (d),
until Mar. 19, 1999. At 63 FR 51862, Sept. 29, 1998, Sec. 644.21 was
amended by suspending paragraph (e) and by adding paragraph (f),
effective Sept. 24, 1998, through Mar. 19, 1999. For the convenience of
the user, paragraphs (e) and (f) are set forth as follows:
Sec. 644.21 Size limits.
* * * * *
(e) The following minimum size limits, expressed in terms of lower
jaw-fork length (LJFL), apply for the possession of billfish shoreward
of the outer boundary of the EEZ, regardless of where caught:
(1) Blue marlin--96 inches (244 cm)
(2) White marlin--66 inches (168 cm)
(3) Sailfish--57 inches (145 cm)
(f) The following minimum size limits, expressed in terms of lower
jaw-fork length (LJFL), apply for the possession of billfish shoreward
of the outer boundary of the EEZ, regardless of where caught:
(1) Blue marlin-99 inches (251 cm)
(2) White marlin-66 inches (168 cm)
(3) Sailfish-57 inches (145 cm)
Sec. 644.22 Gear limitations.
(a) The possession or retention shoreward of the outer boundary of
the EEZ of a billfish harvested by gear other than rod and reel is
prohibited.
(b) The possession or retention shoreward of the outer boundary of
the EEZ of a billfish by a vessel with a pelagic longline or drift net
aboard is prohibited.
Sec. 644.23 Incidental catch restrictions.
A billfish harvested by gear other than rod and reel shoreward of
the outer boundary of the EEZ must be released in a manner that will
ensure maximum probability of survival. A billfish caught by a pelagic
longline shoreward of the outer boundary of the EEZ must be released by
cutting the line near the hook without removing the fish from the water.
Sec. 644.24 Restrictons on sale.
(a) A billfish harvested from its management unit may not be
purchased, bartered, traded, sold, or offered for sale in any state.
(b) Except for a billfish or related species landed in a Pacific
state and remaining in the state of landing, a billfish or related
species that is possessed by a dealer or seafood processor will be
presumed to be a billfish harvested from its management unit unless it
is accompanied by documentation that the billfish was harvested from
outside its management unit or the related species was harvested from
other than the Atlantic Ocean (including the Gulf
[[Page 199]]
of Mexico and the Caribbean Sea). Such documentation must contain:
(1) The information specified in 50 CFR part 246 for marking
containers or packages of fish or wildlife that are imported, exported,
or transported in interstate commerce.
(2) The name and home port of the vessel harvesting the billfish or
related species;
(3) The port and date of offloading from the vessel harvesting the
billfish or related species; and
(4) A statement signed by the dealer or seafood processor attesting
that each billfish was harvested from an area other than its management
unit and each related species was harvested from other than the Atlantic
Ocean (including the Gulf of Mexico and the Caribbean Sea).
[56 FR 13418, Apr. 2, 1991]
Sec. 644.25 Specifically authorized activities.
The Secretary may authorize, for the acquisition of information and
data, activities otherwise prohibited by these regulations.
Effective Date Note: At 63 FR 51862, Sept. 29, 1998, Sec. 644.26 was
added, effective September 24, 1998, through March 19, 1999.
Sec. 644.26 Catch Limits.
(a) Only one Atlantic marlin (either a blue marlin or a white
marlin) may be possessed or landed per vessel per trip.
(b) If he determines after considering the most recent tournament
and other landings data that such action is necessary to comply
international obligations, the Assistant Administrator may increase or
reduce the catch limit, including reduction to zero Atlantic marlin per
vessel per trip. The Assistant Administrator will publish a notice in
the Federal Register of any adjustment in the allowable catch limit per
trip under this paragraph.
[63 FR 51862, Sept. 29, 1998]
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents
Subpart A--General Provisions
Sec.
648.1 Purpose and scope.
648.2 Definitions.
648.3 Relation to other laws.
648.4 Vessel and individual commercial permits.
648.5 Operator permits.
648.6 Dealer/processor permits.
648.7 Recordkeeping and reporting requirements.
648.8 Vessel identification.
648.9 VTS requirements.
648.10 DAS notification requirements.
648.11 At-sea sea sampler/observer coverage.
648.12 Experimental fishing.
648.13 Transfers at sea.
648.14 Prohibitions.
648.15 Facilitation of enforcement.
648.16 Penalties.
648.17 Exemptions for vessels fishing in the NAFO Regulatory Area for
Multispecies vessels.
Subpart B--Management Measures for the Atlantic Mackerel, Squid, and
Butterfish Fisheries
648.20 Maximum optimum yield (OYs).
648.21 Procedures for determining initial annual amounts.
648.22 Closure of the fishery.
648.23 Gear restrictions.
Subpart C--Management Measures for Atlantic Salmon
648.40 Prohibition on possession.
Subpart D-- Management Measures for the Atlantic Sea Scallop Fishery
648.50 Shell-height standard.
648.51 Gear and crew restrictions.
648.52 Possession limits.
648.53 DAS allocations.
648.54 State waters exemption.
648.55 Framework specifications.
648.56 Scallop research project.
648.57 Closed areas.
Subpart E--Management Measures for the Atlantic Surf Clam and Ocean
Quahog Fisheries
648.70 Annual individual allocations.
648.71 Catch quotas.
648.72 Minimum surf clam size.
648.73 Closed areas.
648.74 Shucking at sea.
648.75 Cage identification.
648.76 Maine mahogany quahog zone.
Subpart F--Management Measures for the NE Multispecies Fishery
648.80 Regulated mesh areas and restrictions on gear and methods of
fishing.
648.81 Closed areas.
[[Page 200]]
648.82 Effort-control program for limited access vessels.
648.83 Minimum fish sizes.
648.84 Gear-marking requirements and gear restrictions.
648.85 Flexible Area Action System.
648.86 Possession restrictions.
648.87 Gillnet requirements to reduce or prevent marine mammal takes.
648.88 Open access permit restrictions.
648.89 Recreational and charter/party restrictions.
648.90 Framework specifications.
Subpart G--Management Measures for the Summer Flounder Fishery
648.100 Catch quotas and other restrictions.
648.101 Closures.
648.102 Time restrictions.
648.103 Minimum fish sizes.
648.104 Gear restrictions.
648.105 Possession restrictions.
648.106 Sea turtle conservation.
Subpart H--Management Measures for the Scup Fishery
648.120 Catch quotas and other restrictions.
648.121 Closures.
648.122 Season and area restrictions.
648.123 Gear restrictions.
648.124 Minimum fish sizes.
648.125 Possession limit.
648.126 Protection of threatened and endangered sea turtles.
Subpart I--Management Measures for the Black Sea Bass Fishery
648.140 Catch quotas and other restrictions.
648.141 Closure.
648.142 Time restrictions.
648.143 Minimum sizes.
648.144 Gear restrictions.
648.145 Possession limit.
648.146 Special management zones.
Subpart J--Management Measures for the Atlantic Bluefish Fishery
648.160 Fishing year.
648.161 Possession limit.
648.162 Catch monitoring, commercial controls, and gear restrictions.
648.163 Closure of the fishery.
Authority: 16 U.S.C. 1801 et seq.
Source: 61 FR 34968, July 3, 1996, unless otherwise noted.
Editorial Note: Nomenclature changes for part 648 appear at 62 FR
14651, Mar. 27, 1997.
Subpart A--General Provisions
Sec. 648.1 Purpose and scope.
(a) This part implements the fishery management plans (FMP) for the
Atlantic mackerel, squid, and butterfish fisheries (Atlantic Mackerel,
Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon FMP); the
Atlantic sea scallop fishery (Atlantic Sea Scallop FMP (Scallop FMP));
the Atlantic surf clam and ocean quahog fisheries (Atlantic Surf Clam
and Ocean Quahog FMP); the Northeast multispecies fishery (NE
Multispecies FMP); the summer flounder, scup, and black sea bass
fisheries (Summer Flounder, Scup, and Black Sea Bass FMP); and the
Atlantic bluefish fishery (Atlantic Bluefish FMP). These FMPs and the
regulations in this part govern the conservation and management of the
above named fisheries of the Northeastern United States.
(b) This part governs domestic fishing only. Foreign fishing is
governed under subpart F of part 600 of this chapter.
[61 FR 34968, July 3, 1996, as amended at 61 FR 43424, Aug. 23, 1996; 62
FR 13299, Mar. 20, 1997]
Sec. 648.2 Definitions.
In addition to the definitions in the Magnuson Act and in
Sec. 600.10 of this chapter, the terms used in this part have the
following meanings:
Alewife means Alosa pseudoharengus.
American lobster or lobster means Homarus americanus.
American shad means Alosa sapidissima.
Atlantic butterfish or butterfish means Peprilus triacanthus.
Atlantic croaker means Micropogonias undulatus.
Atlantic mackerel or mackerel means Scomber scombrus.
Atlantic Mackerel, Squid, and Butterfish Monitoring Committee means
the committee made up of staff representatives of the MAFMC and the
NEFMC, and the Northeast Regional Office and NEFSC of NMFS. The MAFMC
Executive Director or a designee chairs the Committee.
Atlantic salmon means Salmo salar.
[[Page 201]]
Atlantic sea scallop or scallop means Placopecten magellanicus,
throughout its range.
Beam trawl means gear, consisting of a twine bag attached to a beam
attached to a towing wire, designed so that the beam does not contact
the bottom. The beam is constructed with sinkers or shoes on either side
that support the beam above the bottom or any other modification so that
the beam does not contact the bottom. The beam trawl is designed to
slide along the bottom rather than dredge the bottom.
Black sea bass means Centropristis striata.
Black Sea Bass Monitoring Committee means a committee made up of
staff representatives of the Mid-Atlantic, New England, and South
Atlantic Fishery Management Councils, the Northeast Regional Office of
NMFS, the Northeast Fisheries Science Center, and Commission
representatives. The Council Executive Director or his designee chairs
the Committee.
Black sea bass pot or black sea bass trap means any such gear used
in catching and retaining black sea bass.
Blowfish (puffer) means any species in the family Tetraodontidae.
Bluefish means Pomotomus saltatrix.
Bluefish Committee means the Bluefish FMP Review and Monitoring
Committee of the MAFMC.
Bonito means Sarda sarda.
Bushel (bu) means a standard unit of volumetric measurement deemed
to hold 1.88 ft\3\ (53.24 L) of surf clams or ocean quahogs in the
shell.
Cage means a container with a standard unit of volumetric
measurement containing 60 ft\3\ (1,700 L). The outside dimensions of a
standard cage generally are 3 ft (91 cm) wide, 4 ft (122 cm) long, and 5
ft (152 cm) high.
Chafing gear or cookies, with respect to the scallop fishery, means
steel, rubberized or other types of donut rings, disks, washers, twine,
or other material attached to or between the steel rings of a sea
scallop dredge.
Charter or party boat means any vessel that carries passengers for
hire to engage in recreational fishing and, with respect to
multispecies, that is not fishing under a DAS.
Combination vessel means a vessel that has fished in any one
calendar year with scallop dredge gear and otter trawl gear during the
period 1988 through 1990, and that is eligible for an allocation of
individual DAS under the NE Multispecies FMP and has applied for or been
issued a limited access scallop permit.
Commercial fishing or fishing commercially means fishing that is
intended to, or results in, the barter, trade, transfer, or sale of
fish.
Commission means the Atlantic States Marine Fisheries Commission.
Conger eel means Conger oceanicus.
Cunner means Tautogolabrus adspersus.
Council means the New England Fishery Management Council (NEFMC) for
the Atlantic sea scallop and the NE multispecies fisheries, or the Mid-
Atlantic Fishery Management Council (MAFMC) for the Atlantic mackerel,
squid, and butterfish; the Atlantic surf clam and ocean quahog; the
summer flounder, scup, and black sea bass fisheries; and the Atlantic
bluefish fishery.
Day(s)-at-Sea (DAS), with respect to the NE multispecies and scallop
fisheries, except as described in Sec. 648.82(k)(1)(v), means the 24-
hour periods of time during which a fishing vessel is absent from port
in which the vessel intends to fish for, possess or land, or fishes for,
possesses, or lands regulated species or scallops.
Dealer means any person who receives, for a commercial purpose
(other than solely for transport on land), from the owner or operator of
a vessel issued a valid permit under this part, any species of fish, the
harvest of which is managed by this part.
Dealer code means a confidential five-digit number assigned to each
dealer required to submit purchases using the IVR system for the purpose
of maintaining the integrity of the data reported through the IVR
system.
Dredge or dredge gear, with respect to the scallop fishery, means
gear consisting of a mouth frame attached to a holding bag constructed
of metal rings, or any other modification to this design, that can be or
is used in the harvest of scallops.
Dredge bottom, with respect to scallops, means the rings and links
found
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between the bail of the dredge and the club stick, which, when fishing,
would be in contact with the sea bed. This includes the triangular
shaped portions of the ring bag commonly known as ``diamonds.''
Dredge top, with respect to the scallop fishery, means the mesh
panel in the top of a dredge and immediately adjacent rings and links
found between the bail of the dredge, the club stick, and the two side
panels. The bail of the dredge is the rigid structure of the forward
portion of the dredge that connects to the warp and holds the dredge
open. The club stick is the rigid bar at the tail of the dredge bag that
is attached to the rings.
Dredge vessel, with respect to the scallop fishery, means any
fishing vessel that is equipped for fishing using dredge gear and that
is capable of catching scallops.
Exempted gear, with respect to the NE multispecies fishery, means
gear that is deemed to be not capable of catching NE multispecies and
includes: Pelagic hook and line, pelagic longline, spears, rakes, diving
gear, cast nets, tongs, harpoons, weirs, dipnets, stop nets, pound nets,
pelagic gillnets, pots and traps, purse seines, shrimp trawls (with a
properly configured grate as defined under this part), surf clam and
ocean quahog dredges, and midwater trawls.
Fishing trip or trip means a period of time during which fishing is
conducted, beginning when the vessel leaves port and ending when the
vessel returns to port.
Fishing year means:
(1) For the scallop fishery, from March 1 through the last day of
February of the following year.
(2) For the NE multispecies fishery, from May 1 through April 30 of
the following year.
(3) For all other fisheries in this part, from January 1 through
December 31.
Flatfish gillnets means gillnets that are either constructed with no
floats on the float line, or that are constructed with floats on the
float line and that have tie-down twine between the float line and the
lead line not more than 48 inches (18.90 cm) in length and spaced not
more than 15 feet (4.57 m) apart.
FMP means fishery management plan.
Fourspot flounder means Paralichthys oblongus.
Gillnet gear capable of catching multispecies means all gillnet gear
except pelagic gillnet gear specified at Sec. 648.81(f)(2)(ii) and
pelagic gillnet gear that is designed to fish for and is used to fish
for, or catch, tunas, swordfish and sharks.
Gross registered tonnage (GRT) means the gross registered tonnage
specified on the USCG documentation for a vessel.
Hagfish means Myxine glutinosa.
Handline or handline gear means fishing gear that is released by
hand and consists of one main line to which is attached no more than two
leaders for a total of no more than three hooks. Handlines are retrieved
only by hand, not by mechanical means.
Harbor porpoise means Phocoena phocoena.
Harbor Porpoise Review Team (HPRT) means a team of scientific and
technical experts appointed by the NEFMC to review, analyze, and propose
harbor porpoise take mitigation alternatives.
Herring means Atlantic herring, Clupea harengus, or blueback
herring, Alosa aestivalis.
Hickory shad means Alosa mediocris.
Hook gear means fishing gear that is comprised of a hook or hooks
attached to a line and includes, but is not limited to, longline,
setline, jigs, troll line, rod and reel, and line trawl.
Illex means Illex illecebrosus (short-finned or summer squid).
IVR system means the Interactive Voice Response dealer reporting
system established by the Regional Administrator for the purpose of
monitoring dealer purchases.
John Dory means Zenopsis conchifera.
Land means to begin offloading fish, to offload fish, or to enter
port with fish.
Liner means a piece of mesh or any other material rigged inside or
outside the main or outer net or dredge that restricts the mesh or ring
size or otherwise reduces escapement.
Link, with respect to the sea scallop fishery, means the material,
usually made of a \3/8\-inch (10-mm) or \7/16\-inch (11-mm) diameter
metal rod, that joins
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two adjacent rings within the ring bag of a dredge.
Little tunny means Euthynnus alleteratus.
Loligo means Loligo pealei (long-finned or bone squid).
Longhorn sculpin means Myoxocephalus octodecimspinosus.
Longline gear means fishing gear that is or is designed to be set
horizontally, either anchored, floating, or attached to a vessel, and
that consists of a main or ground line with three or more gangions and
hooks.
Maine bushel means a standard unit of volumetric measurement equal
to 1.2445 cubic feet (35.24 L) of ocean quahogs in the shell.
Maine mahogany quahog zone means the area bounded on the east by the
U.S.-Canada maritime boundary, on the south by a straight line at
43 deg.50' N. latitude, and on the north and west by the shoreline of
Maine.
Menhaden means Atlantic menhaden, Brevoortia tyrannus.
Midwater trawl gear means trawl gear that is designed to fish for,
is capable of fishing for, or is being used to fish for pelagic species,
no portion of which is designed to be or is operated in contact with the
bottom at any time.
Mobile gear means trawls, beam trawls, and dredges that are designed
to maneuver with that vessel.
Monkfish or anglerfish means Lophius americanus.
Mullet means any species in the family Mugilidae.
Multispecies frames, also known as multispecies racks, means the
remains of the multispecies finfish after it has been filleted or
processed, not including the fillet.
Multispecies Monitoring Committee means a team of scientific and
technical staff appointed by the NEFMC to review, analyze, and recommend
adjustments to the measurement measures. The team consists of staff from
the NEFMC and the MAFMC, NMFS Northeast Region Office, NEFSC, the USCG,
an industry representative, and no more than two representatives,
appointed by the Commission, from affected states.
NAFO means Northwest Atlantic Fisheries Organization.
NAFO Convention Area means the waters of the Northwest Atlantic
Ocean north of 35 deg.00' N. lat. and west of a line extending due north
from 35 deg.00' N. lat. and 42 deg.00' W. long. to 59 deg.00' N. lat.,
thence due west to 44 deg.00' W. long., and thence due north to the
coast of Greenland and the waters of the Gulf of St. Lawrence, Davis
Strait and Baffin Bay south of 78 deg.10' N. lat.
NAFO Regulatory Area means the part of the NAFO Convention Area
which lies beyond the 200-mile zone of the coastal states.
NEFSC means the Northeast Fisheries Science Center, NMFS.
Net tonnage (NT) means the net tonnage specified on the USCG
documentation for a vessel.
Non-exempt gillnet fishery means a fishery which uses gillnet gear
capable of catching multispecies.
Non-exempt species means species of fish not included under the GOM/
GB and SNE Regulated Mesh Area exempted fisheries, as specified in
Sec. 648.80(a)(3), (a)(4), (a)(8) through (13), (b)(3)(i) and (ii),
(b)(5) through (8), and (d), (e), (h), and (i).
Nonregulated multispecies means the subset of Northeast multispecies
that includes silver hake, red hake and ocean pout.
Northeast (NE) multispecies or multispecies means the following
species:
American plaice--Hippoglossoides platessoides.
Atlantic cod--Gadus morhua.
Haddock--Melanogrammus aeglefinus.
Ocean Pout--Macrozoarces americanus.
Pollock--Pollachius virens.
Redfish--Sebastes fasciatus.
Red hake--Urophycis chuss.
Silver hake (whiting)--Merluccius bilinearis.
White hake--Urophycis tenuis.
Windowpane flounder--Scophthalmus aquosus.
Winter flounder--Pleuronectes americanus.
Witch flounder--Glyptocephalus cynoglossus.
Yellowtail flounder--Pleuronectes ferrugineus.
Northern shrimp means Pandalus borealis.
Ocean quahog means the species Arctica islandica.
Offload or offloading means to begin to remove, to remove, to pass
over the rail, or otherwise take away fish from any vessel. For purposes
of the surf clam and ocean quahog fishery, it means to separate
physically a cage from a vessel, such as by removing the
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sling or wire used to remove the cage from the harvesting vessel.
Operator means the master, captain, or other individual on board a
fishing vessel, who is in charge of that vessel's operations.
Out of the multispecies fishery or DAS program means the period of
time during which a vessel is absent from port and is not fishing for
regulated species under the NE multispecies DAS program.
Pair trawl or pair trawling means to tow a single net between two
vessels.
Pelagic hook or longline gear means fishing gear that is not fixed,
nor designed to be fixed, nor anchored to the bottom and that consists
of monofilament main line (as opposed to a cable main line) to which
gangions are attached.
Personal use, with respect to the surf clam or ocean quahog fishery,
means harvest of surf clams or ocean quahogs for use as bait, for human
consumption, or for other purposes (not including sale or barter) in
amounts not to exceed 2 bu (106.48 L) per person per fishing trip.
Person who receives bluefish for commercial purposes means any
person (excluding representatives of governmental agencies) engaged in
the sale, barter, or trade of bluefish received from a fisherman, or one
who transports bluefish from a fisherman.
Postmark means independently verifiable evidence of date of mailing,
such as U.S. Postal Service postmark, United Parcel Service (U.P.S.) or
other private carrier postmark, certified mail receipt, overnight mail
receipt, or receipt received upon hand delivery to an authorized
representative of NMFS.
Prior to leaving port means prior to departing from the last dock or
mooring in port to engage in fishing, including the transport of fish to
another port.
Processor means a person who receives surf clams or ocean quahogs
for a commercial purpose and removes them from a cage.
Purse seine gear means an encircling net with floats on the top
edge, weights and a purse line on the bottom edge, and associated gear,
or any net designed to be, or capable of being, used in such fashion.
Quota-managed species means any species of finfish managed under
this part by an annual or seasonal quota, by annual target or actual
TAC, or by DAH limits.
Recreational fishing means fishing that is not intended to, nor
results in the barter, trade, or sale of fish.
Recreational fishing vessel, with respect to the scup fishery, means
any vessel from which no fishing other than recreational fishing is
conducted. Charter and party boats are considered recreational fishing
vessels for purposes of the scup minimum size requirement.
Regional Administrator means the Administrator, Northeast Region,
NMFS, or a designee.
Regulated fishery means any fishery of the United States which is
regulated under the Magnuson-Stevens Act.
Regulated species means the subset of NE multispecies that includes
Atlantic cod, witch flounder, American plaice, yellowtail flounder,
haddock, pollock, winter flounder, windowpane flounder, redfish, and
white hake.
Reporting month means the period of time beginning at 0001 hours
local time on the first day of each calendar month and ending at 2400
hours local time on the last day of each calendar month.
Reporting week means the period of time beginning at 0001 local time
on Sunday and ending at 2400 hours local time the following Saturday.
Re-rig or re-rigged means physical alteration of the vessel or its
gear in order to transform the vessel into one capable of fishing
commercially for a species in the applicable fishery.
Rigged hooks means hooks that are baited, or only need to be baited,
in order to be fished. Unsecured, unbaited hooks and gangions are not
considered to be rigged.
Rod and reel means a hand-held (including rod holder) fishing rod
with a manually operated reel attached.
Roundfish gillnets means gillnets that are constructed with floats
on the float line and that have no tie-down twine between the float line
and the lead line.
Runaround gillnet or encircling gillnet means a rectangular net
placed upright in the water column in a circular fashion with an opening
equal to or less than 1/4 the length of the net or with
[[Page 205]]
an opening greater than 1/4 the length of the net, if the opening is
obstructed in any fashion.
Scallop dredge vessel means any fishing vessel, other than a
combination vessel, that uses or is equipped to use scallop dredge gear.
Scup means Stenotomus chrysops.
Scup Monitoring Committee means a committee made up of staff
representative of the MAFMC, NEFMC, South Atlantic Fishery Management
Council, the NMFS Northeast Regional Office, the NEFSC, and the
Commission. The MAFMC Executive Director or a designee chairs the
committee.
Scup pot or trap means a pot or trap used in catching and retaining
scup.
Sea Scallop Plan Development Team (PDT) means a team of technical
experts appointed by the NEFMC.
Sea raven means Hemitripterus americanus.
Searobin means any species of the family Triglidae.
Shucking or to shuck means opening or to open a scallop, surf clam,
or ocean quahog and removing the meat or the adductor muscle from the
shell.
Shucking machine means any mechanical device that automatically
removes the meat or the adductor muscle from a scallop, surf clam, or
ocean quahog shell.
Sink gillnet or bottom-tending gillnet means with respect to the NE
multispecies fishery, any gillnet, anchored or otherwise, that is
designed to be, or is fished on or near the bottom in the lower third of
the water column.
Skate means any species of the family Rajidae.
Smooth dogfish means Mustelis canis.
Sorting machine means any mechanical device that automatically sorts
whole scallops by shell height, size, or other physical characteristics.
Spiny dogfish means Squalus acanthias.
Spot means Leiostomus xanthurus.
Square mesh, with respect to the NE multispecies fishery, means mesh
in which the horizontal bars of the mesh run perpendicular to the long
axis of the net so when the net is placed under a strain the mesh
remains open to a square-like shape. Square mesh can be formed by
hanging diamond mesh ``on the square,'' if the resulting mesh conforms
with the above description of square mesh.
Squid means Loligo pealei or Illex illecebrosus.
Standard tote means a box typically constructed of plastic, designed
to hold 100 lb (45.3 kg) of fish plus ice, and that has a liquid
capacity of 70 L, or a volume of not more than 4,320 cubic in (2.5 cubic
ft or 70.79 cubic cm).
Substantially similar harvesting capacity means the same or less GRT
and vessel length.
Summer flounder means Paralichthys dentatus.
Summer Flounder Monitoring Committee means a committee made up of
staff representatives of the MAFMC, NEFMC, and SAFMC, the NMFS Northeast
Regional Office, the NEFSC, the Southeast Science Center, and the
Commission. The MAFMC Executive Director or a designee chairs the
committee.
Surf clams means Atlantic surf clams of the species Spisula
solidissima.
Swordfish means Xiphias gladius.
Target total allowable catch (TAC) means the annual domestic harvest
targets for regulated species.
Tautog (blackfish) means Tautoga onitas.
Tied up to the dock, with respect to NE multispecies, means to tie-
up at a dock, on a mooring, or in a harbor.
Tilefish means Lopholatilus chamaeleonticeps.
Total Length (TL) means the straight-line distance from the tip of
the snout to the end of the tail (caudal fin) while the fish is lying on
its side.
Transfer means to begin to remove, to remove, to pass over the rail,
or to otherwise take away fish from any vessel and move them to another
vessel.
Trawl means gear consisting of a net that is towed, including but
not limited to beam trawls, pair trawls, otter trawls, and Danish and
Scottish seine gear.
Trawl sweep means the total length of the footrope on a trawl net
that is directly attached to the webbing of a net.
Under construction means that the keel had been laid or the vessel
was under written agreement for construction or the vessel was under
written contract for purchase.
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Upon returning to port, for purposes of the call-in notification
system for the NE multispecies fishery, means the first point when a
vessel ties up at a dock or mooring in a port at the end of a fishing
trip.
Vessel length means the length specified on the USCG documentation
for a vessel or on the state registration for a vessel not required to
be documented under title 46 U.S.C., if the state length is verified by
an authorized officer or NMFS official.
Vessel Tracking System (VTS) means a vessel tracking system as set
forth in Sec. 648.9 and approved by NMFS for use by scallop and NE
multispecies vessels, as required by this part.
VTS unit means a device installed on board a vessel used for vessel
tracking and transmitting the vessel's position as required by this
part.
Weakfish means Cynoscion regalis.
Whiting means Merluccius bilinearis.
[61 FR 34968, July 3, 1996, as amended at 61 FR 39910, July 31, 1996; 61
FR 43424, Aug. 23, 1996; 61 FR 49277, Sept. 19, 1996; 61 FR 56126, Oct.
31, 1996; 61 FR 58464, Nov. 15, 1996; 62 FR 2620, Jan. 17, 1997; 62 FR
9379, Mar. 3, 1997; 62 FR 10748, Mar. 10, 1997; 62 FR 13299, Mar. 20,
1997; 62 FR 14646, Mar. 27, 1997; 62 FR 15385, Apr. 1, 1997; 62 FR
49148, Sept. 19, 1997; 62 FR 51381, Oct. 1, 1997; 63 FR 11593, Mar. 10,
1998; 63 FR 27484, May 19, 1998; 63 FR 40377, July 29, 1998; 63 FR
52640, Oct. 1, 1998]
Effective Date Note: At 63 FR 52640, Oct. 1, 1998, Sec. 648.2 was
amended by adding the definitions Dealer code, IVR system, and Quota-
managed species, effective Nov. 1, 1998.
Sec. 648.3 Relation to other laws.
(a) The relation of this part to other laws is set forth in
Sec. 600.705.
(b) Nothing in these regulations supersedes more restrictive state
management measures for any of the species referenced in Sec. 648.1 and,
for Atlantic salmon, more restrictive local management measures.
Sec. 648.4 Vessel and individual commercial permits.
(a) Fishery specific permit information. (1) NE multispecies
vessels. Except for vessels that have been issued a valid High Seas
Fishing Compliance permit, have declared their intent to fish, and fish
exclusively in the NAFO Regulatory Area as provided in Sec. 648.17, any
vessel of the United States, including a charter or party boat, must
have been issued and have on board a valid multispecies permit to fish
for, possess, or land multispecies finfish in or from the EEZ.
Multispecies frames used as, or to be used as, bait on a vessel fishing
exclusively with pot gear are deemed not to be multispecies finfish for
purposes of this part provided that there is a receipt for the purchase
of those frames on board the vessel.
(i) Limited access multispecies permits--(A) Eligibility. To be
eligible to apply for a limited access multispecies permit, as specified
in Sec. 648.82, in 1996 and thereafter, a vessel must have been issued a
limited access multispecies permit for the preceding year, must be
replacing a vessel that was issued a limited access multispecies permit
for the preceding year, or must qualify for a 1996 limited access
multispecies hook-gear permit under this paragraph (a)(1)(i). Vessels
qualifying for 1996 limited access multispecies hook-gear permits are
qualified only for that limited access permit category. A vessel is
eligible for a 1996 limited access multispecies hook-gear permit,
provided:
(1) The vessel was issued a 1995 open access multispecies hook-gear
permit and the owner or operator of the vessel submitted to the Regional
Administrator, no later than January 26, 1996, fishing log reports dated
between June 1, 1994, and June 1, 1995, when fishing with hook gear
under the open access hook-gear permit, documenting landings of at least
500 lb (226.8 kg) of NE multispecies finfish, or its equivalent in
numbers of fish; or
(2) The vessel is replacing such a vessel.
(B) Application/renewal restrictions. Owners of vessels must apply
for a limited access multispecies hook-gear permit before September 1,
1996, to receive an automatic mailing of an application to renew their
permit in 1997 and to be assured that their permit application will be
processed within 30 days. Vessel owners applying after December 31,
1996, will be ineligible to apply for an initial limited access
multispecies hook-gear permit. To renew or apply for a limited access
multispecies permit, a completed application must be received by the
Regional Administrator by the first day of the fishing
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year for which the permit is required. Failure to renew a limited access
multispecies permit in any year bars the renewal of the permit in
subsequent years.
(C) Qualification restriction. Unless the Regional Administrator
determines to the contrary, no more than one vessel may qualify, at any
one time, for a limited access permit based on that or another vessel's
fishing and permit history. If more than one vessel owner claims
eligibility for a limited access permit, based on one vessel's fishing
and permit history, the Regional Administrator will determine who is
entitled to qualify for the permit and the DAS allocation according to
paragraph (a)(1)(i)(D) of this section.
(D) Change in ownership. The fishing and permit history of a vessel
is presumed to transfer with the vessel whenever it is bought, sold, or
otherwise transferred, unless there is a written agreement, signed by
the transferor/seller and transferee/buyer, or other credible written
evidence, verifying that the transferor/seller is retaining the vessel's
fishing and permit history for purposes of replacing the vessel.
(E) Replacement vessels. To be eligible for a limited access permit
under this section, the replacement vessel must meet the following
criteria and any applicable criteria under paragraph (a)(1)(i)(F) of
this section:
(1) The replacement vessel's horsepower may not exceed by more than
20 percent the horsepower of the vessel that was initially issued a
limited access permit as of the date the initial vessel applied for such
permit.
(2) The replacement vessel's length, GRT, and NT may not exceed by
more than 10 percent the length, GRT, and NT of the vessel that was
initially issued a limited access permit as of the date the initial
vessel applied for such permit.
(F) Upgraded vessel. A vessel may be upgraded, whether through
refitting or replacement, and still be eligible for or be eligible to
retain or renew a limited access permit, only if the upgrade complies
with the following:
(1) The vessel's horsepower may be increased, whether through
refitting or replacement, only once. Such an increase may not exceed 20
percent of the horsepower of the vessel initially issued a limited
access permit as of the date the initial vessel applied for such permit.
(2) The vessel's length, GRT, and NT may be increased, whether
through refitting or replacement, only once. Any increase in any of
these three specifications of vessel size may not exceed 10 percent of
the respective specification of the vessel initially issued a limited
access permit as of the date the initial vessel applied for such permit.
If any of these three specifications is increased, any increase in the
other two must be performed at the same time. This type of upgrade may
be done separately from an engine horsepower upgrade.
(G) Consolidation restriction. Limited access permits and DAS
allocations may not be combined or consolidated.
(H) Appeal of denial of permit. (1) Eligibility. Any applicant
eligible to apply for an initial limited access multispecies hook-gear
permit who is denied such permit may appeal the denial to the Regional
Administrator within 30 days of the notice of denial. Any such appeal
must be based on one or more of the following grounds, must be in
writing, and must state the grounds for the appeal:
(i) The information used by the Regional Administrator was based on
mistaken or incorrect data.
(ii) The applicant was prevented by circumstances beyond his/her
control from meeting relevant criteria.
(iii) The applicant has new or additional information.
(2) Appeal review. The Regional Administrator will appoint a
designee who will make the initial decision on the appeal. The appellant
may request a review of the initial decision by the Regional
Administrator by so requesting in writing within 30 days of the notice
of the initial decision. If the appellant does not request a review of
the initial decision within 30 days, the initial decision shall become
the final administrative action of the Department of Commerce. Such
review will be conducted by a hearing officer appointed by the Regional
Administrator. The hearing officer shall make findings and a
recommendation to the Regional Administratorch shall be advisory
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only. Upon receiving the findings and a recommendation, the Regional
Administrator will issue a final decision on the appeal. The Regional
Administrator's decision is the final administrative action of the
Department of Commerce.
(3) Status of vessels pending appeal. A vessel denied a limited
access multispecies hook-gear permit may fish under the limited access
multispecies hook-gear category, provided that the denial has been
appealed, the appeal is pending, and the vessel has on board a letter
from the Regional Administrator authorizing the vessel to fish under the
limited access hook-gear category. The Regional Administrator will issue
such a letter for the pendency of any appeal. Any such decision is the
final administrative action of the Department of Commerce on allowable
fishing activity, pending a final decision on the appeal. The letter of
authorization must be carried on board the vessel. If the appeal is
finally denied, the Regional Administrator shall send a notice of final
denial to the vessel owner; the authorizing letter becomes invalid 5
days after receipt of the notice of denial.
(I) Limited access permit restrictions. (1) A vessel may be issued a
limited access multispecies permit in only one category during a fishing
year. Vessels may not change limited access multispecies permit
categories during the fishing year, except as provided in paragraph
(a)(1)(i)(I)(2) of this section. A vessel issued a limited access
multispecies hook-gear permit may not change its limited access permit
category at any time.
(2) The owner of a vessel issued a limited access multispecies
permit may request a change in permit category, unless otherwise
restricted by paragraph (a)(1)(i)(I)(1) of this section. In 1996, a
vessel owner has one opportunity to request a change in permit category
by submitting an application to the Regional Administrator by August 14,
1996. If a complete application is not submitted by that date, the
vessel must fish only in the DAS program assigned for the remainder of
the 1996 fishing year. Any DAS that a vessel uses prior to a change in
permit category will be counted against its allocation received under
any subsequent permit category. For 1997 and beyond, the owner of a
limited access multispecies vessel eligible to request a change in
permit category must elect a category prior to the start of each fishing
year and will have one opportunity to request a change in permit
category by submitting an application to the Regional Administrator
within 45 days of issuance of the vessel's permit. After that date, the
vessel must remain in that permit category for the duration of the
fishing year.
(3) With the exception of combination vessels, sea scallop dredge
vessels are not eligible for limited access multispecies permits.
(J) Confirmation of Permit History. Notwithstanding any other
provisions of this part, a person who does not currently own a fishing
vessel, but who has owned a qualifying vessel that has sunk, been
destroyed, or transferred to another person, may apply for and receive a
Confirmation of Permit History (CPH) if the fishing and permit history
of such vessel has been retained lawfully by the applicant. To be
eligible to obtain a CPH, the applicant must show that the qualifying
vessel meets the eligibility requirements, as applicable, in this part.
Issuance of a valid and current CPH preserves the eligibility of the
applicant to apply for or renew a limited access permit for a
replacement vessel based on the qualifying vessel's fishing and permit
history at a subsequent time, subject to the replacement provisions
specified in this section. A CPH must be applied for and received on an
annual basis in order for the applicant to preserve the fishing rights
and limited access eligibility of the qualifying vessel. If fishing
privileges have been assigned or allocated previously under this part,
based on the qualifying vessel's fishing and permit history, the CPH
also preserves such fishing privileges. Any decision regarding the
issuance of a CPH for a qualifying vessel that has applied for or been
issued previously a limited access permit is a final agency action
subject to judicial review under 5 U.S.C. 704. An application for a CPH
must be received by the Regional Administrator by the beginning of the
fishing year for which it is required. Information requirements for the
CPH
[[Page 209]]
application are the same as those for a limited access permit with any
request for information about the vessel being applicable to the
qualifying vessel that has been sunk, destroyed, or transferred. Vessel
permit applicants who have been issued a CPH and who wish to obtain a
vessel permit for a replacement vessel based upon the previous vessel
history may do so pursuant to this paragraph (a)(1)(i)(J).
(K) Abandonment or voluntary relinquishment of permits. If a
vessel's limited access permit for a particular fishery is voluntarily
relinquished to the Regional Administrator, or abandoned through failure
to renew or otherwise, no limited access permit for that fishery may be
re-issued or renewed based on that vessel's history or to any vessel
relying on that vessel's history.
(L) Restriction on permit splitting. A limited access multispecies
permit may not be issued to a vessel or its replacement, or remain
valid, if the vessel's permit or fishing history has been used to
qualify another vessel for another Federal fishery.
(ii) Open access permits. A vessel of the United States that has not
been issued a limited access multispecies permit is eligible for and may
be issued an open access multispecies handgear, charter/party or
nonregulated multispecies permit and may fish for, possess and land
multispecies finfish subject to the restrictions in Sec. 648.88. A
vessel that has been issued a valid limited access scallop permit, but
that has not been issued a limited access multispecies permit, is
eligible for and may be issued an open access scallop multispecies
possession limit permit and may fish for, possess and land multispecies
finfish subject to the restrictions in Sec. 648.88. The owner of a
vessel issued an open access permit may request a different open access
permit category by submitting an application to the Regional
Administrator at any time.
(2) Atlantic sea scallop vessels-- Any vessel of the United States
that fishes for, possesses, or lands Atlantic sea scallops in quantities
greater than 40 lb (18.14 kg) shucked, or 5 bu (176.2 L) of in-shell
scallops per trip, except vessels that fish exclusively in state waters
for scallops, must have been issued and carry on board a valid scallop
permit.
(i) Limited access scallop permits. Any vessel of the United States
that possesses or lands more than 400 lb (181.44 kg) of shucked, or the
equivalent amount of in-shell scallops (50 bu (176.2 L)) per trip,
except vessels that fish exclusively in state waters for scallops, must
have been issued and carry on board a valid limited access scallop
permit.
(A) Eligibility. To be eligible to apply for a limited access
scallop permit, a vessel must have been issued a limited access scallop
permit for the preceding year, or the vessel must be replacing a vessel
that has been issued a limited access scallop permit for the preceding
year.
(B) Application/renewal restrictions. To renew or apply for a
limited access scallop permit, a completed application must be received
by the Regional Administrator by the first day of the fishing year for
which the permit is required. Failure to renew a limited access scallop
permit in any year bars the renewal of the permit in subsequent years.
(C) Qualification restriction. See paragraph (a)(1)(i)(C) of this
section.
(D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
(E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
(F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
(G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this
section.
(H) Percentage ownership restrictions. (1) For any vessel acquired
after March 1, 1994, a vessel owner is not eligible to be issued a
limited access scallop permit for the vessel if the issuance of the
permit will result in the vessel owner, or any person who is a
shareholder or partner of the vessel owner, having an ownership interest
in limited access scallop vessels in excess of 5 percent of the number
of all limited access scallop vessels at the time of permit application.
(2) Vessel owners who were initially issued a 1994 limited access
scallop permit, or were issued or renewed a limited access scallop
permit for a vessel in 1995 and thereafter in compliance with the
ownership restrictions in
[[Page 210]]
paragraph (a)(2)(i)(H)(1) of this section, are eligible to renew such
permit(s), regardless of whether the renewal of the permits will result
in the 5 percent ownership restriction being exceeded.
(3) Having an ownership interest includes, but is not limited to,
persons who are shareholders in a vessel owned by a corporation, who are
partners (general or limited) to a vessel owner, or who, in any way,
partly own a vessel.
(I) Limited access permit restrictions. A vessel may be issued a
limited access scallop permit in only one category during a fishing
year. The owner of a vessel issued a limited access scallop permit must
elect a permit category for that vessel prior to the start of each
fishing year and will have one opportunity to request a change in permit
category by submitting an application to the Regional Administrator
within 45 days of issuance of the vessel's permit. After this date, the
vessel must remain in that permit category for the duration of the
fishing year. Any DAS that a vessel uses prior to a change in permit
category will be counted against its allocation received under any
subsequent permit category.
(J) Confirmation of Permit History. See paragraph (a)(1)(i)(J) of
this section.
(K) Abandonment or voluntary relinquishment of permits. See
paragraph (a)(1)(i)(K) of this section.
(ii) General scallop permit. Any vessel of the United States that is
not in possession of a limited access scallop permit, and that
possesses, or lands per trip, more than 40 lb (18.14 kg) and less than
or including 400 lb (181.44 kg) of shucked meats, or the equivalent
amount of in-shell scallops (5 and 50 bu (176.2 L and 176.2 L),
respectively), except vessels that fish exclusively in state waters for
scallops, must carry on board a valid general scallop permit.
(3) Summer flounder vessels. Any vessel of the United States that
fishes for or retains summer flounder in the EEZ must have been issued
and carry on board a valid summer flounder permit, except for vessels
other than party or charter vessels that observe the possession limit
set forth in Sec. 648.105.
(i) Moratorium permits (applicable through 1997). (A) Eligibility.
To be eligible to apply for a moratorium permit to fish for and retain
summer flounder in excess of the possession limit in Sec. 648.105 in the
EEZ, a vessel must have been issued a summer flounder moratorium permit
in a previous year or be replacing a vessel that was issued a moratorium
permit for a previous year.
(B) Application/renewal restriction. No one may apply for a summer
flounder moratorium permit for a vessel after:
(1) The owner retires the vessel from the fishery.
(2) [Reserved]
(C) Replacement vessels. To be eligible for a moratorium permit, the
replacement vessel must meet the following criteria:
(1) The replacement vessel's horsepower may not exceed by more than
20 percent the horsepower of the vessel that was initially issued a
moratorium permit as of January 2, 1998.
(2) The replacement vessel's length, GRT, and NT may not exceed by
more than 10 percent the length, GRT, and NT of the vessel that was
initially issued a moratorium permit as of January 2, 1998.
(3) A vessel's horsepower may be increased through replacement only
once. A vessel's length, GRT, and NT may be increased through
replacement only once. If any of these specifications is increased, any
increase in the other two must be performed at the same time. This type
of increase may be done separately from a horsepower increase.
(ii) Party and charter boat permits. Any party or charter boat is
eligible for a permit to fish for summer flounder, other than a summer
flounder moratorium permit, if it is carrying passengers for hire. Such
vessel must observe the possession limits specified in Sec. 648.105.
(iii) Exemption permits. Owners of summer flounder vessels seeking
an exemption from the minimum mesh requirement under the provisions of
Sec. 648.104(b)(1) must apply to the Regional Administrator under
paragraph (c) of this section at least 7 days prior to the date they
wish the permit to become effective. The applicant must mark ``Exemption
Permit Request'' on the permit application at the top. A permit issued
under this paragraph
[[Page 211]]
(a)(3)(iii) does not meet the requirements of paragraph (a)(3)(i) of
this section, but is subject to the other provisions of this section.
Persons issued an exemption permit must surrender it to the Regional
Administrator at least 1 day prior to the date they wish to fish not
subject to the exemption. The Regional Administrator may impose
temporary additional procedural requirements by publishing a
notification in the Federal Register.
(4) Surf clam and ocean quahog vessels. Any vessel of the United
States that fishes for surf clams or ocean quahogs, except vessels
taking surf clams and ocean quahogs for personal use or fishing
exclusively within state waters, must have been issued and carry on
board a valid surf clam or ocean quahog permit, respectively.
(i) Maine mahogany quahog permit. (A) A vessel is eligible for a
Maine mahogany quahog permit to fish for ocean quahogs in the Maine
mahogany quahog zone if it meets the following eligibility criteria:
(1) The vessel was issued a Federal Maine Mahogany Quahog
Experimental Permit during one of the experimental fisheries authorized
by the Regional Administrator between September 30, 1990, and September
30, 1997; and,
(2) The vessel landed at least one Maine bushel of ocean quahogs
from the Maine mahogany quahog zone as documented by fishing or
shellfish logs submitted to the Regional Administrator prior to January
1, 1998.
(B) Application/renewal restriction. No one may apply for a Maine
mahogany quahog permit for a vessel after May 19, 1999.
(C) Replacement vessels. To be eligible for a Maine mahogany quahog
permit, a replacement vessel must be replacing a vessel of substantially
similar harvesting capacity that is judged unseaworthy by the USCG, for
reasons other than lack of maintenance, or that involuntarily left the
fishery. Both the entering and replaced vessels must be owned by the
same person. Vessel permits issued to vessels that involuntarily leave
the fishery may not be combined to create larger replacement vessels.
(D) Appeal of denial of a permit. (1) Any applicant denied a Maine
mahogany quahog permit may appeal to the Regional Administrator within
30 days of the notice of denial. Any such appeal shall be in writing.
The only ground for appeal is that the Regional Administrator's designee
erred in concluding that the vessel did not meet the criteria in
paragraph (a)(4)(i)(A) of this section. The appeal must set forth the
basis for the applicant's belief that the decision of the Regional
Administrator's designee was made in error.
(2) The appeal may be presented, at the option of the applicant, at
a hearing before an officer appointed by the Regional Administrator.
(3) The hearing officer shall make a recommendation to the Regional
Administrator.
(4) The Regional Administrator will make a final decision based on
the criteria in paragraph (a)(4)(i)(A) of this section and on the
available record, including any relevant documentation submitted by the
applicant and, if a hearing is held, the recommendation of the hearing
officer. The decision on the appeal by the Regional Administrator is the
final decision of the Department of Commerce.
(ii) [Reserved]
(5) Mackerel, squid, and butterfish vessels. Any vessel of the
United States, including party and charter vessels, must have been
issued and carry on board a valid vessel permit to fish for, possess, or
land Atlantic mackerel, squid, or butterfish in or from the EEZ.
(i) Loligo squid and butterfish moratorium permit. (A) Eligibility.
A vessel is eligible for a moratorium permit to fish for and retain
Loligo squid or butterfish in excess of the incidental catch allowance
specified in paragraph (a)(5)(iii) of this section, if it meets any of
the following criteria:
(1) The vessel landed and sold at least 20,000 lb (9.07 mt) of
Loligo squid or butterfish in any 30 consecutive day period between
August 13, 1981, and August 13, 1993.
(2) The vessel is replacing such a vessel and the replacement vessel
meets the requirements of paragraph (a)(5)(i)(C) of this section.
(B) Application/renewal restrictions. No one may apply for an
initial Loligo squid and butterfish moratorium permit for a vessel
after:
[[Page 212]]
(1) August 31, 1998; or
(2) The owner retires the vessel from the fishery.
(C) Replacement vessels. To be eligible for a moratorium permit, the
replacement vessel must be replacing a vessel of substantially similar
harvesting capacity that is judged unseaworthy by the USCG, for reasons
other than lack of maintenance, or that involuntarily left the fishery
during the moratorium. Both the entering and replaced vessels must be
owned by the same person. Vessel permits issued to vessels that
involuntarily leave the fishery may not be combined to create larger
replacement vessels.
(D) Appeal of denial of permit. (1) Any applicant denied a
moratorium permit may appeal to the Regional Administrator within 30
days of the notice of denial. Any such appeal shall be in writing. The
only ground for appeal is that the Regional Administrator erred in
concluding that the vessel did not meet the criteria in paragraph
(a)(5)(i)(A)(1) of this section. The appeal shall set forth the basis
for the applicant's belief that the Regional Administrator's decision
was made in error.
(2) The appeal may be presented, at the option of the applicant, at
a hearing before an officer appointed by the Regional Administrator.
(3) The hearing officer shall make a recommendation to the Regional
Administrator.
(4) The decision on the appeal by the Regional Administrator is the
final decision of the Department of Commerce.
(ii) Illex squid moratorium permit (Applicable from July 1, 1997,
until July 1, 2002.)
(A) Eligibility. A vessel is eligible for a moratorium permit to
fish for and retain Illex squid in excess of the incidental catch
allowance specified in paragraph (a)(5)(iii) of this section, if it
meets any of the following criteria:
(1) The vessel landed and sold 5,000 lb (2.27 mt) or more of Illex
squid on at least 5 separate trips between August 13, 1981, and August
13, 1993; or
(2) The vessel is replacing such a vessel and meets the requirements
of paragraph (a)(5)(i)(C) of this section.
(3) The vessel was under construction for, or was being rerigged
for, use in the directed fishery for Illex squid on August 13, 1993, and
the vessel landed and sold 5,000 lb (2.27 mt) or more of Illex squid on
at least 5 separate trips prior to December 31, 1994.
(B) Application/renewal restrictions. No one may apply for an
initial Illex squid moratorium permit for a vessel after:
(1) August 31, 1998; or
(2) The owner retires the vessel from the fishery.
(C) Replacement vessels. See paragraph (a)(5)(i)(C) of this section.
(D) Appeal of denial of permit. See paragraph (a)(3)(i)(D) of this
section.
(iii) Squid/butterfish incidental catch permit. Any vessel of the
United States may obtain a permit to fish for or retain up to 2,500 lb
(1.13 mt) of Loligo squid or butterfish, or up to 5,000 lb (2.27 mt) of
Illex squid, as an incidental catch in another directed fishery. The
incidental catch allowance may be revised by the Regional Administrator
based upon a recommendation by the Council following the procedure set
forth in Sec. 648.21.
(iv) Atlantic mackerel permit. Any vessel of the United States may
obtain a permit to fish for or retain Atlantic mackerel in or from the
EEZ.
(v) Party and charter boat permits. The owner of any party or
charter boat must obtain a permit to fish for or retain in or from the
EEZ mackerel, squid, or butterfish while carrying passengers for hire.
(6) Scup vessels. Beginning on January 1, 1997, and subject to the
eligibility requirements specified in paragraphs (a)(6)(i) and
(a)(6)(ii) of this section, the owner of a vessel of the United States,
including a party or charter vessel, must obtain a permit issued under
this part to fish for or retain scup for sale, barter or trade, in or
from the EEZ north of 35 deg.15.3' N. lat. Any vessel, other than a
party or charter boat, that observes the possession limit restrictions
established pursuant to, and the prohibition on sale specified in,
Sec. 648.125 is exempt from the permit requirement.
(i) Moratorium permit--(A) Eligibility. A vessel is eligible for a
moratorium permit to fish for and retain scup for sale if it meets any
of the following criteria:
[[Page 213]]
(1) The vessel landed and sold scup between January 26, 1988, and
January 26, 1993; or
(2) The vessel is replacing such a vessel and meets the requirements
of paragraph (a)(5)(i)(C) of this section.
(3) The vessel was under construction for, or was being rerigged
for, use in the directed fishery for scup on January 26, 1993, provided
the vessel landed scup for sale by January 26, 1994.
(B) Application/renewal restrictions. (1) No one may apply for an
initial scup moratorium permit after August 31, 1998.
(2) No one may apply for a scup moratorium permit after the owner
retires the vessel from the fishery.
(C) Replacement vessels. See paragraph (a)(5)(i)(C) of this section.
(D) Appeal of denial of permit. (1) Any applicant denied a scup
moratorium permit may appeal to the Regional Administrator within 30
days of the notice of denial. Any such appeal shall be in writing. The
only ground for appeal is that the Regional Administrator erred in
concluding that the vessel did not meet the criteria in paragraph
(a)(6)(i)(A)(1) of this section. The appeal shall set forth the basis
for the applicant's belief that the Regional Administrator's decision
was made in error.
(2) The appeal may be presented, at the option of the applicant, at
a hearing before an officer appointed by the Regional Administrator.
(3) The hearing officer shall make a recommendation to the Regional
Administrator.
(4) The decision on the appeal by the Regional Administrator is the
final decision of the Department of Commerce.
(ii) Party and charter boat permit. Any party or charter boat is
eligible for a permit to fish for scup, other than a scup moratorium
permit, if it is carrying passengers for hire. Such vessel must observe
the possession limits established pursuant to, and the prohibitions on
sale specified in, Sec. 648.125.
(7) Black sea bass vessels. Beginning June 1, 1997, any vessel of
the United States that fishes for or retains black sea bass in or from
the EEZ north of 35 deg.15.3' N. lat., the latitude of Cape Hatteras
Light, NC, must have been issued and carry on board a valid black sea
bass moratorium permit, except for vessels other than party or charter
vessels that observe the possession limit established pursuant to
Sec. 648.145.
(i) Moratorium permits--(A) Eligibility. A vessel is eligible to
receive a permit to fish for and retain black sea bass in excess of the
possession limit established pursuant to Sec. 648.145 in the EEZ north
of 35 deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC, if it
meets any of the following criteria:
(1) The vessel landed and sold black sea bass in the management unit
between January 26, 1988, and January 26, 1993; or
(2) The vessel was under construction for, or was being rerigged
for, use in the directed fishery for black sea bass on January 26, 1993,
provided the vessel landed black sea bass in the management unit for
sale prior to January 26, 1994.
(3) The vessel is replacing a vessel of substantially similar
harvesting capacity that qualifies under the criteria in paragraphs
(a)(7)(i)(A) (1) or (2) of this section, and both the entering and
replaced vessels are owned by the same person. Vessel permits issued to
vessels that leave the fishery may not be combined to create larger
replacement vessels.
(B) Application/renewal restrictions. No one may apply for an
initial black sea bass moratorium permit after:
(1) August 31, 1998; or
(2) The owner retires the vessel from the fishery.
(C) Qualification restriction. Unless the Regional Administrator
determines to the contrary, no more than one vessel may qualify at any
one time for a black sea bass moratorium permit based on that or another
vessel's fishing and permit history. If more than one vessel owner
claims eligibility for a black sea bass moratorium permit based on one
vessel's fishing and permit history, the Regional Administrator will
determine who is entitled to qualify for the permit according to
paragraph (a)(7)(i)(D) of this section.
(D) Change in ownership. The fishing and permit history of a vessel
is presumed to transfer with the vessel
[[Page 214]]
whenever it is bought, sold, or otherwise transferred, unless there is a
written agreement, signed by the transferor/seller and transferee/buyer,
or other credible written evidence, verifying that the transferor/seller
is retaining the vessel's fishing and permit history for purposes of
replacing the vessel. If the fishing and permit history of the vessel is
transferred, the transferee/buyer must comply with the requirements of
paragraph (h) of this section for the continuation of a moratorium
permit for his or her benefit.
(E) Replacement vessels. To be eligible for a moratorium permit
under this section, the replacement vessel must be of substantially
similar harvesting capacity as the vessel that initially qualified for
the moratorium permit, and both vessels must be owned by the same
person. Vessel permits issued to vessels that leave the fishery may not
be combined to create larger replacement vessels.
(F) Appeal of denial of permit. (1) Any applicant denied a
moratorium permit may appeal to the Regional Administrator within 30
days of the notice of denial. Any such appeal shall be in writing. The
only ground for appeal is that the Regional Administrator erred in
concluding that the vessel did not meet the criteria in paragraph
(a)(7)(i)(A) (1) or (2) of this section. The appeal shall set forth the
basis for the applicant's belief that the Regional Administrator's
decision was made in error.
(2) The appeal may be presented, at the option of the applicant, at
a hearing before an officer appointed by the Regional Administrator.
(3) The hearing officer shall make a recommendation to the Regional
Administrator.
(4 ) The decision on the appeal by the Regional Administrator is the
final decision of the Department of Commerce.
(ii) Party and charter boat permit. The owner of any party or
charter boat must obtain a permit to fish for or retain black sea bass
in or from U.S. waters of the western Atlantic Ocean from 35 deg.15.3'
N. lat., the latitude of Cape Hatteras Light, NC, northward to the U.S.-
Canada border, while carrying passengers for hire.
(8) Atlantic bluefish individual permits. Any person selling
bluefish harvested in the EEZ must have either a valid permit issued
under this part or a valid State of landing permit to sell bluefish.
(b) Permit conditions. Any person who applies for a fishing permit
under this section must agree as a condition of the permit that the
vessel and the vessel's fishing activity, catch, and pertinent gear
(without regard to whether such fishing occurs in the EEZ or landward of
the EEZ, and without regard to where such fish or gear are possessed,
taken or landed), are subject to all requirements of this part, unless
exempted from such requirements under this part. All such fishing
activities, catch, and gear will remain subject to all applicable state
requirements. Except as otherwise provided in this part, if a
requirement of this part and a management measure required by a state or
local law differ, any vessel owner permitted to fish in the EEZ for any
species managed under this part must comply with the more restrictive
requirement. Owners and operators of vessels fishing under the terms of
a summer flounder moratorium, scup moratorium, or black sea bass
moratorium permit must also agree not to land summer flounder, scup, or
black sea bass, respectively, in any state after NMFS has published a
notification in the Federal Register stating that the commercial quota
for that state or period has been harvested and that no commercial quota
is available for the respective species. A state not receiving an
allocation of summer flounder, scup, or black sea bass, either directly
or through a coastwide allocation, is deemed to have no commercial quota
available. Owners or operators fishing for surf clams and ocean quahogs
within waters under the jurisdiction of any state that requires cage
tags are not subject to any conflicting Federal minimum size or tagging
requirements. If a surf clam and ocean quahog requirement of this part
differs from a surf clam and ocean quahog management measure required by
a state that does not require cage tagging, any vessel owners or
operators permitted to fish in the EEZ for surf clams and ocean quahogs
must comply with the more restrictive requirement
[[Page 215]]
while fishing in state waters. However, surrender of a surf clam and
ocean quahog vessel permit by the owner by certified mail addressed to
the Regional Administrator allows an individual to comply with the less
restrictive state minimum size requirement, as long as fishing is
conducted exclusively within state waters. If the commercial black sea
bass quota for a period is harvested and the coast is closed to the
possession of black sea bass north of 35 deg.15.3' N. lat., any vessel
owners that hold valid commercial permits for both the black sea bass
and the NMFS Southeast Region Snapper-Grouper fisheries may surrender
their moratorium Black Sea Bass permit by certified mail addressed to
the Regional Administrator and fish pursuant to their Snapper-Grouper
permit, as long as fishing is conducted exclusively in waters, and
landings are made, south of 35 deg.15.3' N. lat. A moratorium permit for
the black sea bass fishery that is voluntarily relinquished or
surrendered will be reissued upon the receipt of the vessel owner's
written request after a minimum period of 6 months from the date of
cancellation.
(c) Permit applications--(1) General. Applicants for a permit under
this section must submit a completed application on an appropriate form
obtained from the Regional Administrator. The application must be signed
and submitted to the Regional Administrator at least 30 days before the
date on which the applicant desires to have the permit made effective.
The Regional Administrator will notify the applicant of any deficiency
in the application pursuant to this section. Vessel owners who are
eligible to apply for limited access or moratorium permits under this
part shall provide information with the application sufficient for the
Regional Administrator to determine whether the vessel meets the
applicable eligibility requirements specified in this section.
(2) Vessel permit information requirements. (i) With the exception
of Atlantic bluefish permits, the requirements for which are described
in paragraph (c)(3) of this section, an application for a permit issued
under this section, in addition to the information specified in
paragraph (c)(1) of this section, also must contain at least the
following information, and any other information required by the
Regional Administrator: Vessel name, owner name or name of the owner's
authorized representative, mailing address, and telephone number; USCG
documentation number and a copy of the vessel's current USCG
documentation or, for a vessel not required to be documented under title
46 U.S.C., the vessel's state registration number and a copy of the
current state registration; a copy of the vessel's current party/charter
boat license (if applicable), home port and principal port of landing,
length overall, GRT, NT, engine horsepower, year the vessel was built,
type of construction, type of propulsion, approximate fish hold
capacity, type of fishing gear used by the vessel, number of crew,
number of party or charter passengers licensed to be carried (if
applicable), permit category, if the owner is a corporation, a copy of
the current Certificate of Incorporation or other corporate papers
showing the date of incorporation and the names of the current officers
of the corporation, and the names and addresses of all shareholders
owning 25 percent or more of the corporation's shares; if the owner is a
partnership, a copy of the current Partnership Agreement and the names
and addresses of all partners; if there is more than one owner, the
names of all owners having a 25-percent interest or more; and permit
number of any current or, if expired, previous Federal fishery permit
issued to the vessel.
(ii) An application for an initial limited access multispecies hook-
gear permit must also contain the following information:
(A) If the engine horsepower was changed or a contract to change the
engine horsepower had been entered into prior to July 1, 1996, such that
it is different from that stated in the vessel's most recent application
for a Federal fisheries permit before July 1, 1996, sufficient
documentation to ascertain the different engine horsepower. However, the
engine replacement must be completed within 1 year of the date on which
the contract was signed.
(B) If the length, GRT, or NT was changed or a contract to change
the length, GRT, or NT had been entered
[[Page 216]]
into prior to July 1, 1996, such that it is different from that stated
in the vessel's most recent application for a Federal fisheries permit,
sufficient documentation to ascertain the different length, GRT, or NT.
However, the upgrade must be completed within 1 year from the date on
which the contract was signed.
(iii) An application for a limited access multispecies permit must
also contain the following information:
(A) If applying for a limited access multispecies Combination Vessel
permit or Individual DAS category permit, or if opting to use a VTS, a
copy of the vendor installation receipt from a NMFS-approved VTS vendor
as described in Sec. 648.9.
(B) For vessels fishing for NE multispecies with gillnet gear, with
the exception of vessels under the Small Vessel permit category, an
annual declaration as either a Day or Trip gillnet vessel designation as
described in Sec. 648.82(k). Vessel owners electing a Day gillnet
designation must indicate the number of gillnet tags that they are
requesting and must include a check for the cost of the tags. A permit
holder letter will be sent to all eligible gillnet vessels informing
them of the costs associated with this tagging requirement and
directions for obtaining tags. Once a vessel owner has elected this
designation, he/she may not change the designation or fish under the
other gillnet category for the remainder of the fishing year. Incomplete
applications, as described in paragraph (e) of this section, will be
considered incomplete for the purpose of obtaining authorization to fish
in the NE multispecies gillnet fishery and will be processed without a
gillnet authorization.
(iv) An application for a limited access scallop permit must also
contain the following information:
(A) For every person named by applicants for limited access scallop
permits pursuant to paragraph (c)(2)(i) of this section, the names of
all other vessels in which that person has an ownership interest and for
which a limited access scallop permit has been issued or applied for.
(B) If applying for full-time or part-time limited access scallop
permit, or if opting to use a VTS unit, though not required, a copy of
the vendor installation receipt from a NMFS-approved VTS vendor as
described in Sec. 648.9.
(C) If applying to fish under the small dredge program set forth
under Sec. 648.51(e), an annual declaration into the program.
(v) An application for a surf clam and ocean quahog permit must also
contain the pump horsepower.
(3) Atlantic bluefish individual commercial permit information
requirements. In addition to the information specified in paragraph
(c)(1) of this section, an application for an Atlantic bluefish
individual commercial permit also must contain at least the following
information, and any other information required by the Regional
Administrator: The applicant's name; mailing address; telephone number;
height; weight; hair color; and eye color; if the applicant represents a
corporation, a copy of the current Certificate of Incorporation; and
percentage of annual income derived from the sale of bluefish.
(d) Fees. The Regional Administrator may charge a fee to recover
administrative expenses of issuing a permit required under this section.
The amount of the fee is calculated in accordance with the procedures of
the NOAA Finance Handbook, available from the Regional Administrator,
for determining administrative costs of each special product or service.
The fee may not exceed such costs and is specified with each application
form. The appropriate fee must accompany each application; if it does
not, the application will be considered incomplete for purposes of
paragraph (e) of this section. Any fee paid by an insufficiently funded
commercial instrument shall render any permit issued on the basis
thereof null and void.
(e) Issuance. (1) Except as provided in subpart D of 15 CFR part
904, the Regional Administrator shall issue a permit within 30 days of
receipt of the application, unless the application is deemed incomplete
for the following reasons:
(i) The applicant has failed to submit a complete application. An
application is complete when all requested forms, information,
documentation, and fees, if applicable, have been received and
[[Page 217]]
the applicant has submitted all applicable reports specified in
Sec. 648.7;
(ii) The application was not received by the Regional Administrator
by the applicable deadline set forth in this section;
(iii) The applicant and applicant's vessel failed to meet all
applicable eligibility requirements set forth in this section;
(iv) The applicant applying for a limited access multispecies
combination vessel or individual DAS permit, a full-time or part-time
limited access scallop permit, or electing to use a VTS, has failed to
meet all of the VTS requirements specified in Secs. 648.9 and 648.10; or
(v) The applicant has failed to meet any other application
requirements stated in this part.
(2) Incomplete applications. Upon receipt of an incomplete or
improperly executed application for any permit under this part, the
Regional Administrator shall notify the applicant of the deficiency in
the application. If the applicant fails to correct the deficiency within
30 days following the date of notification, the application will be
considered abandoned.
(f) Change in permit information. Any change in the information
specified in paragraphs (c)(2) or (c)(3) of this section must be
submitted by the applicant in writing to the Regional Administrator
within 15 days of the change, or the permit is void.
(g) Expiration. A permit expires upon the renewal date specified in
the permit.
(h) Duration. A permit will continue in effect unless it is revoked,
suspended, or modified under 15 CFR part 904, or otherwise expires, or
ownership changes, or the applicant has failed to report any change in
the information on the permit application to the Regional Administrator
as specified in paragraph (f) of this section. However, the Regional
Administrator may authorize the continuation of a permit if the new
owner so requests. Applications for permit continuations must be
addressed to the Regional Administrator.
(i) Alteration. Any permit that has been altered, erased, or
mutilated is invalid.
(j) Reissuance. A permit may be reissued by the Regional
Administrator when requested in writing, stating the need for
reissuance, the name of the vessel (if applicable), and the fishing
permit number assigned. An application for the reissuance of a permit
will not be considered a new application. The fee for a reissued permit
shall be the same as for an initial permit.
(k) Transfer. A permit issued under this part is not transferable or
assignable. A permit will be valid only for the fishing vessel, owner
and/or person for which it is issued.
(l) Display. A vessel permit must be carried, at all times, on board
the vessel for which it is issued and shall be subject to inspection
upon request by any authorized officer. A person issued a permit under
this section must be able to present the permit for inspection when
requested by an authorized officer. Permits must be maintained in
legible condition.
(m) Sanctions. The Assistant Administrator may suspend, revoke, or
modify, any permit issued or sought under this section. Procedures
governing enforcement-related permit sanctions or denials are found at
subpart D of 15 CFR part 904.
[61 FR 34968, July 3, 1996, as amended at 61 FR 39910, July 31, 1996; 61
FR 43424, Aug. 23, 1996; 61 FR 49277, Sept. 19, 1996; 61 FR 56126, Oct.
31, 1996; 61 FR 58464, Nov. 15, 1996; 62 FR 13299, Mar. 20, 1997; 62 FR
14646, Mar. 27, 1997; 62 FR 15386, Apr. 1, 1997; 62 FR 27984, May 22,
1997; 62 FR 28642, May 27, 1997; 62 FR 51381, Oct. 1, 1997; 62 FR 63875,
Dec. 3, 1997; 63 FR 11593, Mar. 10, 1998; 63 FR 27484, May 19, 1998; 63
FR 32144, June 12, 1998]
Sec. 648.5 Operator permits.
(a) General. Any operator of a vessel fishing for or possessing sea
scallops in excess of 40 lb (18.1 kg), NE multispecies, and, as of
January 1, 1997, mackerel, squid, or butterfish, or scup, and, as of
June 1, 1997, black sea bass, harvested in or from the EEZ, or issued a
permit for these species under this part, must have been issued under
this section, and carry on board, a valid operator's permit. An operator
permit issued pursuant to part 649 of this chapter satisfies the
permitting requirement of this section. This requirement does not apply
to operators of recreational vessels.
[[Page 218]]
(b) Operator permit application. Applicants for a permit under this
section must submit a completed application on an appropriate form
provided by the Regional Administrator. The application must be signed
by the applicant and submitted to the Regional Administrator at least 30
days before the date upon which the applicant desires to have the permit
made effective. The Regional Administrator will notify the applicant of
any deficiency in the application, pursuant to this section.
(c) Condition. Vessel operators who apply for an operator's permit
under this section must agree as a condition of this permit that the
operator and vessel's fishing, catch, crew size, and pertinent gear
(without regard to whether such fishing occurs in the EEZ or landward of
the EEZ, and without regard to where such fish or gear are possessed,
taken, or landed) are subject to all requirements of this part while
fishing in the EEZ or on board a vessel for which a permit is issued
under Sec. 648.4, unless exempted from such requirements under
Sec. 648.12. The vessel and all such fishing, catch, and gear will
remain subject to all applicable state or local requirements. Further,
such operators must agree, as a condition of this permit, that, if the
permit is suspended or revoked pursuant to 15 CFR part 904, the operator
cannot be aboard any fishing vessel issued a Federal fisheries permit or
any vessel subject to Federal fishing regulations while the vessel is at
sea or engaged in offloading. If a requirement of this part and a
management measure required by state or local law differ, any operator
issued a permit under this part must comply with the more restrictive
requirement.
(d) Information requirements. An applicant must provide at least all
the following information and any other information required by the
Regional Administrator: Name, mailing address, and telephone number;
date of birth; hair color; eye color; height; weight; social security
number (optional); and signature of the applicant. The applicant must
also provide two recent (no more than 1 year old), color, passport-size
photographs.
(e) Fees. Same as Sec. 648.4(d).
(f) Issuance. Except as provided in subpart D of 15 CFR part 904,
the Regional Administrator shall issue an operator's permit within 30
days of receipt of a completed application, if the criteria specified
herein are met. Upon receipt of an incomplete or improperly executed
application, the Regional Administrator will notify the applicant of the
deficiency in the application. If the applicant fails to correct the
deficiency within 30 days following the date of notification, the
application will be considered abandoned.
(g) Expiration. Same as Sec. 648.4(g).
(h) Duration. A permit is valid until it is revoked, suspended or
modified under 15 CFR part 904, or otherwise expires, or the applicant
has failed to report a change in the information on the permit
application to the Regional Administrator as specified in paragraph (k)
of this section.
(i) Reissuance. Reissued permits, for otherwise valid permits, may
be issued by the Regional Administrator when requested in writing by the
applicant, stating the need for reissuance and the Federal operator
permit number assigned. An applicant for a reissued permit must also
provide two recent, color, passport-size photos of the applicant. An
application for a reissued permit will not be considered a new
application. An appropriate fee may be charged.
(j) Transfer. Permits issued under this part are not transferable or
assignable. A permit is valid only for the person to whom it is issued.
(k) Change in permit application information. Notice of a change in
the permit holder's name, address, or telephone number must be submitted
in writing to, and received by, the Regional Administrator within 15
days of the change in information. If written notice of the change in
information is not received by the Regional Administrator within 15
days, the permit is void.
(l) Alteration. Same as Sec. 648.4(i).
(m) Display. Any permit issued under this part must be maintained in
legible condition and displayed for inspection upon request by any
authorized officer or NMFS official.
(n) Sanctions. Vessel operators with suspended or revoked permits
may not
[[Page 219]]
be aboard a federally permitted fishing vessel in any capacity while the
vessel is at sea or engaged in offloading. Procedures governing
enforcement related permit sanctions and denials are found at subpart D
of 15 CFR part 904.
(o) Vessel owner responsibility. Vessel owners are responsible for
ensuring that their vessels are operated by an individual with a valid
operator's permit issued under this section.
[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61
FR 58465, Nov. 15, 1996]
Sec. 648.6 Dealer/processor permits.
(a) General. All NE multispecies, sea scallop, summer flounder, surf
clam and ocean quahog dealers, and surf clam and ocean quahog processors
must have been issued under this section, and have in their possession,
a valid permit for these species. As of January 1, 1997, all mackerel,
squid, and butterfish dealers and all scup dealers, and, as of June 1,
1997, all black sea bass dealers must have been issued under this
section, and have in their possession, a valid permit for these species.
(b) Dealer/processor permit applications. Same as Sec. 648.5(b).
(c) Information requirements. Applications must contain at least the
following information, and any other information required by the
Regional Administrator: Company name, place(s) of business (principal
place of business if applying for a surf clam and ocean quahog permit),
mailing address(es) and telephone number(s), owner's name, dealer permit
number (if a renewal), name and signature of the person responsible for
the truth and accuracy of the application, a copy of the certificate of
incorporation if the business is a corporation, and a copy of the
Partnership Agreement and the names and addresses of all partners if the
business is a partnership.
(d) Fees. Same as Sec. 648.4(d).
(e) Issuance. Except as provided in subpart D of 15 CFR part 904,
the Regional Administrator will issue a permit at any time during the
fishing year to an applicant, unless the applicant fails to submit a
completed application. An application is complete when all requested
forms, information, and documentation have been received and the
applicant has submitted all applicable reports specified in Sec. 648.7
during the 12 months immediately preceding the application. Upon receipt
of an incomplete or improperly executed application, the Regional
Administrator will notify the applicant of the deficiency in the
application. If the applicant fails to correct the deficiency within 30
days following the date of notification, the application will be
considered abandoned.
(f) Expiration. Same as Sec. 648.4(g).
(g) Duration. A permit is valid until it is revoked, suspended, or
modified under 15 CFR part 904, or otherwise expires, or ownership
changes, or the applicant has failed to report any change in the
information on the permit application to the Regional Administrator as
required by paragraph (j) of this section.
(h) Reissuance. Reissued permits, for otherwise valid permits, may
be issued by the Regional Administrator when requested in writing by the
applicant, stating the need for reissuance and the Federal dealer permit
number assigned. An application for a reissued permit will not be
considered a new application. An appropriate fee may be charged.
(i) Transfer. Permits issued under this part are not transferable or
assignable. A permit is valid only for the person to whom, or other
business entity to which, it is issued.
(j) Change in application information. Same as Sec. 648.5(k).
(k) Alteration. Same as Sec. 648.4(i).
(l) Display. Same as Sec. 648.5(m).
(m) Federal versus state requirements. If a requirement of this part
differs from a fisheries management measure required by state law, any
dealer issued a Federal dealer permit must comply with the more
restrictive requirement.
(n) Sanctions. Same as Sec. 648.4(m).
[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61
FR 58465, Nov. 15, 1996]
Sec. 648.7 Recordkeeping and reporting requirements.
(a) Dealers--(1) Detailed weekly report. Federally permitted dealers
must submit to the Regional Administrator or to the official designee a
detailed
[[Page 220]]
weekly report, within the time periods specified in paragraph (f) of
this section, on forms supplied by or approved by the Regional
Administrator and a report of all fish purchases, except surf clam and
ocean quahog dealers or processors who are required to report only surf
clam and ocean quahog purchases. If authorized in writing by the
Regional Administrator, dealers may submit reports electronically or
through other media. The following information, and any other
information required by the Regional Administrator, must be provided in
the report:
(i) Summer flounder, scup, black sea bass, Atlantic sea scallop, NE
multispecies, Atlantic mackerel, squid and butterfish dealers must
provide: Dealer name and mailing address; dealer permit number; name and
permit number or name and hull number (USCG documentation number or
state registration number, whichever is applicable) of vessels from
which fish are landed or received; trip identifier for a trip from which
fish are landed or received; dates of purchases; pounds by species (by
market category, if applicable); price per pound by species (by market
category, if applicable) or total value by species (by market category,
if applicable); port landed; and any other information deemed necessary
by the Regional Administrator. All report forms must be signed by the
dealer or other authorized individual. If no fish are purchased during a
reporting week, no written report is required to be submitted. If no
fish are purchased during an entire reporting month, a report so stating
on the required form must be submitted.
(ii) Surf clam and ocean quahog processors and dealers must provide:
Date of purchase or receipt; name, permit number and mailing address;
number of bushels by species; cage tag numbers; allocation permit
number; vessel name and permit number; price per bushel by species.
Dealers must also report disposition of surf clams or ocean quahogs,
including name and permit number of recipients. Processors must also
report size distribution and meat yield per bushel by species.
(2) Weekly IVR system reports. (i) Federally permitted dealers
purchasing quota-managed species not deferred from coverage by the
Regional Administrator pursuant to paragraph (a)(2)(ii) of this section
must submit, within the time period specified in paragraph (f) of this
section, the following information, and any other information required
by the Regional Administrator, to the Regional Administrator or to an
official designee, via the IVR system established by the Regional
Administrator: Dealer permit number; dealer code; pounds purchased, by
species; reporting week in which species were purchased; and state of
landing for each species purchased. If no purchases of quota-managed
species not deferred from coverage by the Regional Administrator
pursuant to paragraph (a)(2)(ii) of this section were made during the
week, a report so stating must be submitted through the IVR system in
accordance with paragraph (f) of this section.
(ii) The Regional Administrator may defer any quota-managed species
from the IVR system reporting requirements if landings are not expected
to reach levels that would cause the applicable target exploitation rate
corresponding to a given domestic annual harvest limit, target or actual
TAC, or annual or seasonal quota specified for that species to be
exceeded. The Regional Administrator shall base any such determination
on the purchases reported, by species, in the comprehensive written
reports submitted by dealers and other available information. If the
Regional Administrator determines that any quota-managed species should
be deferred from the weekly IVR system reporting requirements, the
Regional Administrator shall publish notification so stating in the
Federal Register. If data indicate that landing levels have increased to
an extent that this determination ceases to be valid, the Regional
Administrator shall terminate the deferral by publishing notification in
the Federal Register.
(3) Annual report. All persons required to submit reports under
paragraph (a)(1) of this section are required to submit the following
information on an annual basis, on forms supplied by the Regional
Administrator:
(i) Summer flounder, scup, black sea bass, Atlantic sea scallop, NE
multispecies, Atlantic mackerel, squid, and butterfish dealers must
complete the
[[Page 221]]
``Employment Data'' section of the Annual Processed Products Report;
completion of the other sections of that form is voluntary. Reports must
be submitted to the address supplied by the Regional Administrator.
(ii) Surf clam and ocean quahog processors and dealers must provide
the average number of processing plant employees during each month of
the year just ended; average number of employees engaged in production
of processed surf clam and ocean quahog products, by species, during
each month of the year just ended; plant capacity to process surf clam
and ocean quahog shellstock, or to process surf clam and ocean quahog
meats into finished products, by species; an estimate, for the next
year, of such processing capacities; and total payroll for surf clam and
ocean quahog processing, by month. If the plant processing capacities
required to be reported in this paragraph (a)(3)(ii) change more than 10
percent during any year, the processor shall notify the Regional
Administrator in writing within 10 days after the change.
(b) Vessel owners--(1) Fishing Vessel Trip Reports--(i) Owners of
vessels issued a summer flounder, scup, black sea bass, Atlantic sea
scallop, NE multispecies, or Atlantic mackerel, squid, and butterfish
permits. The owner or operator of any vessel issued a permit for summer
flounder, scup, black sea bass, Atlantic sea scallops, NE multispecies,
Atlantic mackerel, squid or butterfish must maintain on board the
vessel, and submit, an accurate daily fishing log report for all fishing
trips, regardless of species fished for or taken, on forms supplied by
or approved by the Regional Administrator. If authorized in writing by
the Regional Administrator, vessel owners or operators may submit
reports electronically, for example by using a VTS or other system. At
least the following information, and any other information required by
the Regional Administrator, must be provided: Vessel name; USCG
documentation number (or state registration number, if undocumented);
permit number; date/time sailed; date/time landed; trip type; number of
crew; number of anglers (if a party or charter boat); gear fished;
quantity and size of gear; mesh/ring size; chart area fished; average
depth; latitude/longitude (or loran station and bearings); total hauls
per area fished; average tow time duration; pounds (or count, if a party
or charter vessel), by species, of all species landed or discarded;
dealer permit number; dealer name; date sold, port and state landed; and
vessel operator's name, signature, and operator permit number (if
applicable).
(ii) Surf clam and ocean quahog vessel owners and operators. The
owner or operator of any vessel conducting any surf clam and ocean
quahog fishing operations, except those conducted exclusively in waters
of a state that requires cage tags or when he/she has surrendered the
surf clam and ocean quahog fishing vessel permit, shall maintain, on
board the vessel, an accurate daily fishing log for each fishing trip,
on forms supplied by the Regional Administrator, showing at least: Name
and permit number of the vessel, total amount in bushels of each species
taken, date(s) caught, time at sea, duration of fishing time, locality
fished, crew size, crew share by percentage, landing port, date sold,
price per bushel, buyer, tag numbers from cages used, quantity of surf
clams and ocean quahogs discarded, and allocation permit number.
(iii) Owners of party and charter boats. The owner of any party or
charter boat issued a summer flounder or scup permit other than a
moratorium permit and carrying passengers for hire shall maintain on
board the vessel, and submit, an accurate daily fishing log report for
each charter or party fishing trip that lands summer flounder or scup,
unless such a vessel is also issued a moratorium permit for summer
flounder, a permit for sea scallop, or NE multispecies, or, as of
January 1, 1997, a permit for mackerel, squid or butterfish, or a
moratorium permit for scup, or, as of June 1, 1997, a permit for black
sea bass, in which case a fishing log report is required for each trip
regardless of species retained. If authorized in writing by the Regional
Administrator, vessel owners may submit reports electronically, for
example, by using a VTS or other media. At least the following
information, and any
[[Page 222]]
other information required by the Regional Administrator, must be
provided: Vessel name; USGC documentation number (or state registration
number, if undocumented); permit number; date/time sailed; date/time
landed; trip type; number of crew; number of anglers; gear fished;
quantity and size of gear; chart area fished; average depth; latitude/
longitude (or loran station and bearings); average tow time duration;
count, by species, of all species landed or discarded; port and state
landed; and vessel operator's name, signature, and operator permit
number (if applicable).
(c) When to fill out a log report. Log reports required by paragraph
(b)(1)(i) of this section must be filled out, except for information
required but not yet ascertainable, before offloading or landing has
begun. All information must be filled out before starting the next
fishing trip. Log reports required by paragraph (b)(1)(ii) of this
section must be filled out before landing any surf clams or ocean
quahogs. Log reports required by paragraph (b)(1)(iii) of this section
must be filled out, except for information required but not yet
ascertainable, before offloading or landing has begun. All information
required in paragraph (b)(1)(iii) of this section must be filled out for
each fishing trip by the end of each fishing trip.
(d) Inspection. All persons required to submit reports under this
section, upon the request of an authorized officer, or by an employee of
NMFS designated by the Regional Administrator to make such inspections,
must make immediately available for inspection copies of the required
reports that have been submitted, or should have been submitted, and the
records upon which the reports were based. At any time during or after a
trip, owners and operators must make immediately available for
inspection the fishing log reports currently in use, or to be submitted.
(e) Record retention. Copies of reports, and records upon which the
reports were based, must be retained and be available for review for 1
year after the date of the last entry on the report. Copies of fishing
log reports must be retained and available for review for 1 year after
the date of the last entry on the log. Dealers must retain required
reports and records at their principal place of business.
(f) Submitting reports--(1) Dealer or processor reports. (i)
Detailed weekly trip reports, required by paragraph (a)(1) of this
section, must be postmarked or received within 16 days after the end of
each reporting week. If no fish are purchased during a reporting month,
the report so stating required under paragraph (a)(1)(i) of this section
must be postmarked or received within 16 days after the end of the
reporting month.
(ii) Weekly IVR system reports required in paragraph (a)(2) of this
section must be submitted via the IVR system by midnight, Eastern time,
each Tuesday for the previous reporting week.
(iii) Annual reports for a calendar year must be postmarked or
received by February 10 of the following year. Contact the Regional
Administrator (see Table 1 to Sec. 600.502) for the address of NMFS
Statistics.
(2) Fishing vessel log reports. Fishing log reports must be received
or postmarked, if mailed, within 15 days after the end of the reporting
month. Each owner will be sent forms and instructions, including the
address to which reports are to be submitted, shortly after receipt of a
Federal fisheries permit. If no fishing trip is made during a month, a
report stating so must be submitted.
(3) At-sea purchasers, receivers, or processors. All persons
purchasing, receiving, or processing any summer flounder, or, as of
January 1, 1997, mackerel, squid, or butterfish, or scup, or, as of June
1, 1997, black sea bass at sea for landing at any port of the United
States must submit information identical to that required by paragraph
(a)(1) or (a)(2) of this section, as applicable, and provide those
reports to the Regional Administrator or designee on the same frequency
basis.
(g) Additional data and sampling. Federally permitted dealers must
allow access to their premises and make available to an official
designee of the Regional Administrator any fish purchased from vessels
for the collection of biological data. Such data include,
[[Page 223]]
but are not limited to, length measurements of fish and the collection
of age structures such as otoliths or scales.
[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61
FR 58465, Nov. 15, 1996; 62 FR 14646, Mar. 27, 1997; 63 FR 52640, Oct.
1, 1998]
Effective Date Note: At 63 FR 52640, Oct. 1, 1998, Sec. 648.7 was
amended by redesignating paragraph (a)(2) as paragraph (a)(3); by adding
new paragraphs (a)(2) and (g); by removing paragraph (b)(1)(iii); and by
revising the heading and the first sentence of paragraph (a)(1)
introductory text, and paragraphs (a)(1)(i), (a)(3)(i), (a)(3)(ii),
(b)(1)(i) and (f)(1), effective Nov. 1, 1998. For the convenience of the
user, the superseded text is set forth as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
(a) Dealers--(1) Weekly report. Federally-permitted dealers must
send by mail to the Regional Administrator, or official designee, on a
weekly basis on forms supplied by or approved by the Regional
Administrator, a report of fish purchases, except that surf clam and
ocean quahog dealers or processors are required only to report surf clam
and ocean quahog purchases. * * *
(i) Summer flounder, scallop, NE multispecies, and, as of January 1,
1997, mackerel, squid or butterfish, and scup dealers, and, as of June
1, 1997, black sea bass dealers, must provide: Name and mailing address
of dealer, dealer number, name and permit number of the vessels from
which fish are landed or received, dates of purchases, pounds by
species, price by species, and port landed. If no fish are purchased
during the week, a report so stating must be submitted. All report forms
must be signed by the dealer or other authorized individual.
* * * * *
(3) * * *
(i) Summer flounder, scallop, NE multispecies, and, as of January 1,
1997, mackerel, squid, or butterfish and scup, and, as of June 1, 1997,
black sea bass dealers must complete the ``Employment Data'' section of
the Annual Processed Products Reports; completion of the other sections
of that form is voluntary. Reports must be submitted to the address
supplied by the Regional Administrator.
(ii) Surf clam and ocean quahog processors and dealers must provide
the average number of processing plant employees during each month of
the year just ended; average number of employees engaged in production
of processed surf clam and ocean quahog products, by species, during
each month of the year just ended; plant capacity to process surf clam
and ocean quahog shellstock, or to process surf clam and ocean quahog
meats into finished products, by species; an estimate, for the next
year, of such processing capacities; and total payroll for surf clam and
ocean quahog processing, by month. If the plant processing capacities
described in this paragraph (a)(2)(ii) change more than 10 percent
during any year, the processor shall promptly notify the Regional
Administrator.
(b) * * *
(1) * * *
(i) Owners of vessels issued a moratorium permit for summer
flounder, mackerel, squid, or butterfish, scup or black sea bass, or a
permit for sea scallop or multispecies. The owner or operator of any
vessel issued a moratorium permit for summer flounder, or, as of January
1, 1997, mackerel, squid, or butterfish, or scup, or as of June 1, 1997,
black sea bass, or a permit for sea scallops, or NE multispecies, must
maintain on board the vessel, and submit, an accurate daily fishing log
report for all fishing trips, regardless of species fished for or taken,
on forms supplied by or approved by the Regional Administrator. If
authorized in writing by the Regional Administrator, vessel owners or
operators may submit reports electronically, for example by using a VTS
or other media. At least the following information, and any other
information required by the Regional Administrator, must be provided:
Vessel name; USCG documentation number (or state registration number, if
undocumented); permit number; date/time sailed; date/time landed; trip
type; number of crew; number of anglers (if a charter or party boat);
gear fished; quantity and size of gear; mesh/ring size; chart area
fished; average depth; latitude/longitude (or loran station and
bearings); total hauls per area fished; average tow time duration;
pounds, by species, of all species landed or discarded; dealer permit
number; dealer name; date sold; port and state landed; and vessel
operator's name, signature, and operator permit number (if applicable).
* * * * *
(f) * * *
(1) Dealer or processor reports. Weekly dealer or processor reports
must be received or postmarked, if mailed, within 3 days after the end
of each reporting week. Each dealer will be sent forms and instructions,
including the address to which to submit reports, shortly after receipt
of a dealer permit. If no fish or fish product was purchased during a
week, a report so stating must be submitted. Annual reports for a
calendar year must be submitted to NMFS Statistics, and must be
postmarked by February 10 of the following
[[Page 224]]
year. Contact the Regional Administrator for the address of NMFS
Statistics.
* * * * *
Sec. 648.8 Vessel identification.
(a) Vessel name and official number. Each fishing vessel subject to
this part and over 25 ft (7.6 m) in registered length must:
(1) Affix permanently its name on the port and starboard sides of
the bow and, if possible, on its stern.
(2) Display its official number on the port and starboard sides of
the deckhouse or hull, and on an appropriate weather deck so as to be
clearly visible from enforcement vessels and aircraft. The official
number is the USCG documentation number or the vessel's state
registration number for vessels not required to be documented under
title 46 U.S.C.
(b) Numerals. Except as provided in paragraph (d) of this section,
the official number must be displayed in block arabic numerals in
contrasting color at least 18 inches (45.7 cm) in height for fishing
vessels over 65 ft (19.8 m) in registered length, and at least 10 inches
(25.4 cm) in height for all other vessels over 25 ft (7.6 m) in
registered length. The registered length of a vessel, for purposes of
this section, is that registered length set forth in USCG or state
records.
(c) Duties of owner. The owner of each vessel subject to this part
shall ensure that--
(1) The vessel's name and official number are kept clearly legible
and in good repair.
(2) No part of the vessel, its rigging, its fishing gear, or any
other object obstructs the view of the official number from any
enforcement vessel or aircraft.
(d) Non-permanent marking. Vessels carrying recreational fishing
parties on a per capita basis or by charter must use markings that meet
the above requirements, except for the requirement that they be affixed
permanently to the vessel. The non-permanent markings must be displayed
in conformity with the above requirements.
(e) New Jersey surf clam or ocean quahog vessels. Instead of
complying with paragraph (a) of this section, surf clam or ocean quahog
vessels licensed under New Jersey law may use the appropriate vessel
identification markings established by that state.
Sec. 648.9 VTS requirements.
(a) Approval. The Regional Administrator will annually approve VTSs
that meet the minimum performance criteria specified in paragraph (b) of
this section. Any changes to the performance criteria will be published
annually in the Federal Register and a list of approved VTSs will be
published in the Federal Register upon addition or deletion of a VTS
from the list. In the event that a VTS is deleted from the list, vessel
owners that purchased a VTS unit that is part of that VTS prior to
publication of the revised list will be considered to be in compliance
with the requirement to have an approved unit, unless otherwise notified
by the Regional Administrator.
(b) Minimum VTS performance criteria. The basic required features of
the VTS are as follows:
(1) The VTS shall be tamper proof, i.e., shall not permit the input
of false positions; furthermore, if a system uses satellites to
determine position, satellite selection should be automatic to provide
an optimal fix and should not be capable of being manually overridden by
any person aboard a fishing vessel or by the vessel owner.
(2) The VTS shall be fully automatic and operational at all times,
regardless of weather and environmental conditions.
(3) The VTS shall be capable of tracking vessels in all U.S. waters
in the Atlantic Ocean from the shoreline of each coastal state to a line
215 nm offshore and shall provide position accuracy to within 400 m
(1,300 ft).
(4) The VTS shall be capable of transmitting and storing information
including vessel identification, date, time, and latitude/longitude.
(5) The VTS shall provide accurate hourly position transmissions
every day of the year. In addition, the VTS shall allow polling of
individual vessels or any set of vessels at any time and receive
position reports in real time. For the purposes of this specification,
``real time'' shall constitute data that
[[Page 225]]
reflect a delay of 15 minutes or less between the displayed information
and the vessel's actual position.
(6) The VTS shall be capable of providing network message
communications between the vessel and shore. The VTS shall allow NMFS to
initiate communications or data transfer at any time.
(7) The VTS vendor shall be capable of transmitting position data to
a NMFS-designated computer system via a modem at a minimum speed of 9600
baud. Transmission shall be in ASCII text in a file format acceptable to
NMFS.
(8) The VTS shall be capable of providing vessel locations relative
to international boundaries and fishery management areas.
(9) The VTS vendor shall be capable of archiving vessel position
histories for a minimum of 1 year and providing transmission to NMFS of
specified portions of archived data in response to NMFS requests and in
a variety of media (tape, floppy, etc.).
(c) Operating requirements. All required VTS units must transmit a
signal indicating the vessel's accurate position at least every hour, 24
hours a day, throughout the year.
(d) Presumption. If a VTS unit fails to transmit an hourly signal of
a vessel's position, the vessel shall be deemed to have incurred a DAS,
or fraction thereof, for as long as the unit fails to transmit a signal,
unless a preponderance of evidence shows that the failure to transmit
was due to an unavoidable malfunction or disruption of the transmission
that occurred while the vessel was declared out of the scallop fishery
or NE multispecies fishery, as applicable, or was not at sea.
(e) Replacement. Should a VTS unit require replacement, a vessel
owner must submit documentation to the Regional Administrator, within 3
days of installation and prior to the vessel's next trip, verifying that
the new VTS unit is an operational, approved system as described under
paragraph (a) of this section.
(f) Access. As a condition to obtaining a limited access scallop or
multispecies permit, all vessel owners must allow NMFS, the USCG, and
their authorized officers or designees access to the vessel's DAS and
location data obtained from its VTS at the time of or after its
transmission to the vendor or receiver, as the case may be.
(g) Tampering. Tampering with a VTS, a VTS unit, or a VTS signal, is
prohibited. Tampering includes any activity that is likely to affect the
unit's ability to operate properly, signal, or accuracy of computing the
vessel's position fix.
[61 FR 34968, July 3, 1996, as amended at 62 FR 14646, Mar. 27, 1997]
Sec. 648.10 DAS notification requirements.
(a) VTS Demarcation Line. The VTS Demarcation Line is defined by
straight lines connecting the following coordinates in the order stated
(a copy of a map showing the line is available from the Regional
Administrator upon request):
VTS Demarcation Line
------------------------------------------------------------------------
Description N. Lat. W. Long.
------------------------------------------------------------------------
1. Northern terminus point 45 deg.03' 66 deg.47'
(Canada landmass).
2. A point east of West Quoddy 44 deg.48.9' 66 deg.56.1'
Head Light.
3. A point east of Little River 44 deg.39.0' 67 deg.10.5'
Light.
4. Whistle Buoy ``8BI'' (SSE of 44 deg.13.6' 68 deg.10.8'
Baker Island).
5. Isle au Haut Light........... 44 deg.03.9' 68 deg.39.1'
6. Pemaquid Point Light......... 43 deg.50.2' 69 deg.30.4'
7. A point west of Halfway Rock. 43 deg.38.0' 70 deg.05.0'
8. A point east of Cape Neddick 43 deg.09.9' 70 deg.34.5'
Light.
9. Merrimack River Entrance 42 deg.48.6' 70 deg.47.1'
``MR'' Whistle Buoy.
10. Halibut Point Gong Buoy 42 deg.42.0' 70 deg.37.5'
``1AHP''.
11. Connecting reference point.. 42 deg.40' 70 deg.30'
12. Whistle Buoy ``2'' off 42 deg.34.3' 70 deg.39.8'
Eastern Point.
13. The Graves Light (Boston)... 42 deg.21.9' 70 deg.52.2'
14. Minots Ledge Light.......... 42 deg.16.2' 70 deg.45.6'
15. Farnham Rock Lighted Bell 42 deg.05.6' 70 deg.36.5'
Buoy.
16. Cape Cod Canal Bell Buoy 41 deg.48.9' 70 deg.27.7'
``CC''.
17. A point inside Cape Cod Bay. 41 deg.48.9' 70 deg.05'
18. Race Point Lighted Bell Buoy 42 deg.04.9' 70 deg.16.8'
``RP''.
[[Page 226]]
19. Peaked Hill Bar Whistle Buoy 42 deg.07.0' 70 deg.06.2'
``2PH''.
20. Connecting point, off Nauset 41 deg.50' 69 deg.53'
Light.
21. A point south of Chatham 41 deg.38' 69 deg.55.2'
``C'' Whistle Buoy.
22. A point in eastern Vineyard 41 deg.30' 70 deg.33'
Sound.
23. A point east of Martha's 41 deg.22.2' 70 deg.24.6'
Vineyard.
24. A point east of Great Pt. 41 deg.23.4' 69 deg.57'
Light, Nantucket.
25. A point SE of Sankaty Head, 41 deg.13' 69 deg.57'
Nantucket.
26. A point west of Nantucket... 41 deg.15.6' 70 deg.25.2'
27. Squibnocket Lighted Bell 41 deg.15.7' 70 deg.46.3'
Buoy ``1''.
28. Wilbur Point (on Sconticut 41 deg.35.2' 70 deg.51.2'
Neck).
29. Mishaum Point (on Smith 41 deg.31.0' 70 deg.57.2'
Neck).
30. Sakonnet Entrance Lighted 41 deg.25.7' 71 deg.13.4'
Whistle Buoy ``SR''.
31. Point Judith Lighted Whistle 41 deg.19.3' 71 deg.28.6'
Buoy ``2''.
32. A point off Block Island 41 deg.08.2' 71 deg.32.1'
Southeast Light.
33. Shinnecock Inlet Lighted 40 deg.49.0' 72 deg.28.6'
Whistle Buoy ``SH''.
34. Scotland Horn Buoy ``S'', 40 deg.26.5' 73 deg.55.0'
off Sandy Hook (NJ).
35. Barnegat Lighted Gong Buoy 39 deg.45.5' 73 deg.59.5'
``2''.
36. A point east of Atlantic 39 deg.21.9' 74 deg.22.7'
City Light.
37. A point east of Hereford 39 deg.00.4' 74 deg.46'
Inlet Light.
38. A point east of Cape 38 deg.47' 75 deg.04'
Henlopen Light.
39. A point east of Fenwick 38 deg.27.1' 75 deg.02'
Island Light.
40. A point NE of Assateague 38 deg.00' 75 deg.13'
Island (VA).
41. Wachapreague Inlet Lighted 37 deg.35.0' 75 deg.33.7'
Whistle Buoy ``A''.
42. A point NE of Cape Henry.... 36 deg.55.6' 75 deg.58.5'
43. A point east of Currituck 36 deg.22.6' 75 deg.48'
Beach Light.
44. Oregon Inlet (NC) Whistle 35 deg.48.5' 75 deg.30'
Buoy.
45. Wimble Shoals, east of 35 deg.36' 75 deg.26'
Chicamacomico.
46. A point SE of Cape Hatteras 35 deg.12.5' 75 deg.30'
Light.
47. Hatteras Inlet Entrance Buoy 35 deg.10' 75 deg.46'
``HI''.
48. Ocracoke Inlet Whistle Buoy 35 deg.01.5' 76 deg.00.5'
``OC''.
49. A point east of Cape Lookout 34 deg.36.5' 76 deg.30'
Light.
50. Southern terminus point..... 34 deg.35' 76 deg.41'
------------------------------------------------------------------------
(b) VTS Notification. Multispecies vessels issued an Individual DAS
or Combination Vessel permit, scallop vessels issued a full-time or
part-time limited access scallop permit, or scallop vessels fishing
under the small dredge program specified in Sec. 648.51(e), or vessels
issued a limited access multispecies or scallop permit and whose owners
elect to fish under the VTS notification of this paragraph (b), unless
otherwise authorized or required by the Regional Administrator under
Sec. 648.10(d), must have installed on board an operational VTS unit
that meets the minimum performance criteria specified in Sec. 648.9(b)
or as modified in Sec. 648.9(a). Owners of such vessels must provide
documentation to the Regional Administrator at the time of application
for a limited access permit that the vessel has an operational VTS unit
that meets those criteria. If a vessel has already been issued a limited
access permit without providing such documentation, the Regional
Administrator shall allow at least 30 days for the vessel to install an
operational VTS unit that meets the criteria and to provide
documentation of such installation to the Regional Administrator.
Vessels that are required to or have elected to use a VTS unit shall be
subject to the following requirements and presumptions:
(1) Vessels that have crossed the VTS Demarcation Line specified
under paragraph (a) of this section are deemed to be fishing under the
DAS program, unless the vessel's owner, or authorized representative
declares the vessel out of the scallop or NE multispecies fishery, as
applicable, for a specific time period by notifying the Regional
Administrator through the VTS prior to the vessel leaving port.
(2) Part-time scallop vessels may not fish in the DAS allocation
program unless they declare into the scallop fishery for a specific time
period by notifying the Regional Administrator through the VTS.
(3) Notification that the vessel is not under the DAS program must
be received prior to the vessel leaving port. A change in status of a
vessel cannot be made after the vessel leaves port or
[[Page 227]]
before it returns to port on any fishing trip.
(4) DAS for vessels that are under the VTS notification requirements
of this paragraph (b) are counted beginning with the first hourly
location signal received showing that the vessel crossed the VTS
Demarcation Line leaving port. A trip concludes and accrual of DAS ends
with the first hourly location signal received showing that the vessel
crossed the VTS Demarcation Line upon its return to port.
(5) If the VTS is not available or not functional, and if authorized
by the Regional Administrator, a vessel owner must provide the
notifications required by paragraphs (b)(1), (2), and (3) of this
section by using the call-in notification system described under
paragraph (c) of this section, instead of using the VTS system.
(c) Call-in notification. Owners of vessels issued limited access
multispecies permits who are participating in a DAS program and who are
not required to provide notification using a VTS, owners of scallop
vessels qualifying for a DAS allocation under the occasional category
and who have not elected to fish under the VTS notification requirements
of paragraph (b) of this section, and vessels fishing pending an appeal
as specified in Sec. 648.4(a)(1)(i)(H)(3) are subject to the following
requirements:
(1) Prior to the vessel leaving port, the vessel owner or authorized
representative must notify the Regional Administrator that the vessel
will be participating in the DAS program by calling the Regional
Administrator and providing the following information: Owner and caller
name and phone number, vessel's name and permit number, type of trip to
be taken, port of departure, and that the vessel is beginning a trip. A
DAS begins once the call has been received and a confirmation number is
given by the Regional Administrator.
(2) The vessel's confirmation numbers for the current and
immediately prior multispecies fishing trip must be maintained on board
the vessel and provided to an authorized officer upon request.
(3) At the end of a vessel's trip, upon its return to port, the
vessel owner or owner's representative must call the Regional
Administrator and notify him/her that the trip has ended by providing
the following information: Owner and caller name and phone number,
vessel name, port of landing and permit number, and that the vessel has
ended a trip. A DAS ends when the call has been received and
confirmation has been given by the Regional Administrator.
(4) The Regional Administrator will furnish a phone number for DAS
notification call-ins upon request.
(5) Any vessel that possesses or lands per trip more than 400 lb
(181.44 kg) of scallops, and any vessel issued a limited access
multispecies permit subject to the DAS program and call-in requirement
that possesses or lands regulated species, except as provided in
Secs. 648.17 and 648.89, shall be deemed in the DAS program for purposes
of counting DAS, regardless of whether the vessel's owner or authorized
representative provided adequate notification as required by this
paragraph (c).
(d) Temporary authorization for use of the call-in system. The
Regional Administrator may authorize or require, on a temporary basis,
the use of the call-in system of notification specified in paragraph (c)
of this section. If use of the call-in system is authorized or required,
the Regional Administrator shall notify affected permit holders through
a letter, notification in the Federal Register, or other appropriate
means. From May 1, 1998, through April 30, 1999, multispecies vessels
issued an Individual DAS or Combination Vessel (regarding the
multispecies fishery) permit are temporarily authorized to use the call-
in system of notification specified in paragraph (c) of this section.
(e) Scallop vessels fishing under exemptions. Vessels fishing under
the exemptions provided by Sec. 648.54 (a) and/or (b)(1) must notify the
Regional Administrator by VTS notification or by call-in notification as
follows:
(1) VTS notification. (i) Notify the Regional Administrator, via
their VTS, prior to the vessel's first trip under the state waters
exemption program, that the vessel will be fishing exclusively in state
waters; and
[[Page 228]]
(ii) Notify the Regional Administrator, via their VTS, prior to the
vessel's first planned trip in the EEZ, that the vessel is to resume
fishing under the vessel's DAS allocation.
(2) Call-in notification. (i) Notify the Regional Administrator by
calling the Regional Administrator and providing the following
information at least 7 days prior to fishing under the exemption: Owner
and caller name and address, vessel name and permit number, and
beginning and ending dates of the exemption period.
(ii) Remain under the exemption for a minimum of 7 days.
(iii) If, under the exemption for a minimum of 7 days and wishing to
withdraw earlier than the designated end of the exemption period, notify
the Regional Administrator of early withdrawal from the program by
calling the Regional Administrator, providing the vessel's name and
permit number and the name and phone number of the caller, and stating
that the vessel is withdrawing from the exemption. The vessel may not
leave port to fish in the EEZ until 48 hours after notification of early
withdrawal is received by the Regional Administrator.
(iv) The Regional Administrator will furnish a phone number for
call-ins upon request.
(f) Additional NE multispecies call-in requirements.--(1) Spawning
season call-in. With the exception of vessels issued a valid Small
Vessel category permit, vessels subject to the spawning season
restriction described in Sec. 648.82 must notify the Regional
Administrator of the commencement date of their 20-day period out of the
NE multispecies fishery through either the VTS system or by calling and
providing the following information: Vessel name and permit number,
owner and caller name and phone number and the commencement date of the
20-day period.
(2) Gillnet call-in. Vessels subject to the gillnet restriction
described in Sec. 648.82(k)(1)(iv) must notify the Regional
Administrator of the commencement date of their time out of the NE
multispecies gillnet fishery using the procedure described in paragraph
(f)(1) of this section.
(3) Cod landing limit call-in. (i) A vessel subject to the cod
landing limit restriction specified in Sec. 648.86(b)(1)(i), that has
not exceeded the allowable limit of cod based on the duration of the
trip, must enter port and call-out of the DAS program no later than 14
DAS after starting a multispecies DAS trip.
(ii) A vessel subject to the cod landing limit restriction specified
in Sec. 648.86(b)(1)(i) that exceeds or is expected to exceed the
allowable limit of cod based on the duration of the trip must enter port
no later than 14 DAS after starting a multispecies DAS trip and must
report, upon entering port and before offloading, its hailed weight of
cod under the separate call-in system as specified in
Sec. 648.86(b)(1)(ii)(B). Such vessel must remain in port, unless for
transiting purposes as allowed in Sec. 648.86(b)(4), until sufficient
time has elapsed to account for and justify the amount of cod on board
in accordance with Sec. 648.86(b)(1)(ii), and may not begin its next
fishing trip until such time that the vessel has called-out of the
multispecies DAS program to end its trip.
[61 FR 34968, July 3, 1996, as amended at 62 FR 14647, Mar. 27, 1997; 62
FR 15386, Apr. 1, 1997; 62 FR 51381, Oct. 1, 1997; 63 FR 11593, Mar. 10,
1998; 63 FR 15329, Mar. 31, 1998; 63 FR 42592, Aug. 10, 1998]
Sec. 648.11 At-sea sea sampler/observer coverage.
(a) The Regional Administrator may request any vessel holding a
permit sea scallop; or NE multispecies; or a moratorium permit for
summer flounder, or, as of January 1, 1997, mackerel, squid, or
butterfish, or scup, or as of June 1, 1997, black sea bass fisheries to
carry a NMFS-approved sea sampler/observer. If requested by the Regional
Administrator to carry an observer or sea sampler, a vessel may not
engage in any fishing operations in the respective fishery unless an
observer or sea sampler is on board, or unless the requirement is
waived.
(b) If requested by the Regional Administrator to carry an observer
or sea sampler, it is the responsibility of the vessel owner to arrange
for and facilitate observer or sea sampler placement. Owners of vessels
selected for sea sampler/observer coverage must notify the appropriate
Regional or Science
[[Page 229]]
and Research Director, as specified by the Regional Administrator,
before commencing any fishing trip that may result in the harvest of
resources of the respective fishery. Notification procedures will be
specified in selection letters to vessel owners.
(c) The Regional Administrator may waive the requirement to carry a
sea sampler or observer if the facilities on a vessel for housing the
observer or sea sampler, or for carrying out observer or sea sampler
functions, are so inadequate or unsafe that the health or safety of the
observer or sea sampler, or the safe operation of the vessel, would be
jeopardized.
(d) An owner or operator of a vessel on which a NMFS-approved sea
sampler/observer is embarked must:
(1) Provide accommodations and food that are equivalent to those
provided to the crew.
(2) Allow the sea sampler/observer access to and use of the vessel's
communications equipment and personnel upon request for the transmission
and receipt of messages related to the sea sampler's/observer's duties.
(3) Provide true vessel locations, by latitude and longitude or
loran coordinates, as requested by the observer/sea sampler, and allow
the sea sampler/observer access to and use of the vessel's navigation
equipment and personnel upon request to determine the vessel's position.
(4) Notify the sea sampler/observer in a timely fashion of when
fishing operations are to begin and end.
(5) Allow for the embarking and debarking of the sea sampler/
observer, as specified by the Regional Administrator, ensuring that
transfers of observers/sea samplers at sea are accomplished in a safe
manner, via small boat or raft, during daylight hours as weather and sea
conditions allow, and with the agreement of the sea samplers/ observers
involved.
(6) Allow the sea sampler/observer free and unobstructed access to
the vessel's bridge, working decks, holding bins, weight scales, holds,
and any other space used to hold, process, weigh, or store fish.
(7) Allow the sea sampler/observer to inspect and copy any the
vessel's log, communications log, and records associated with the catch
and distribution of fish for that trip.
(e) The owner or operator of a vessel issued a summer flounder
moratorium permit, or as of January 1, 1997, a scup moratorium permit
or, as of June 1, 1997, a black sea bass moratorium permit, if requested
by the sea sampler/observer also must:
(1) Notify the sea sampler/observer of any sea turtles, marine
mammals, summer flounder, scup, or black sea bass, or other specimens
taken by the vessel.
(2) Provide the sea sampler/observer with sea turtles, marine
mammals, summer flounder, scup, or black sea bass, or other specimens
taken by the vessel.
(f) NMFS may accept observer coverage funded by outside sources if:
(1) All coverage conducted by such observers is determined by NMFS
to be in compliance with NMFS' observer guidelines and procedures.
(2) The owner or operator of the vessel complies with all other
provisions of this part.
(3) The observer is approved by the Regional Administrator.
[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61
FR 58465, Nov. 15, 1996]
Sec. 648.12 Experimental fishing.
The Regional Administrator may exempt any person or vessel from the
requirements of subparts B (Atlantic mackerel, squid, and butterfish), D
(sea scallop), E (surf clam and ocean quahog), F (NE multispecies), G
(summer flounder), H (scup), or I (black sea bass), of this part for the
conduct of experimental fishing beneficial to the management of the
resources or fishery managed under that subpart. The Regional
Administrator shall consult with the Executive Director of the Council
regarding such exemptions for the Atlantic mackerel, squid, and
butterfish, the summer flounder, the scup, and the black sea bass
fisheries.
(a) The Regional Administrator may not grant such an exemption
unless he/she determines that the purpose, design, and administration of
the exemption is consistent with the management objectives of the
respective FMP,
[[Page 230]]
the provisions of the Magnuson-Stevens Act, and other applicable law,
and that granting the exemption will not:
(1) Have a detrimental effect on the respective resources and
fishery;
(2) Cause any quota to be exceeded; or
(3) Create significant enforcement problems.
(b) Each vessel participating in any exempted experimental fishing
activity is subject to all provisions of the respective FMP, except
those necessarily relating to the purpose and nature of the exemption.
The exemption will be specified in a letter issued by the Regional
Administrator to each vessel participating in the exempted activity.
This letter must be carried on board the vessel seeking the benefit of
such exemption.
(c) Experimental fishing for surf clams or ocean quahogs will not
require an allocation permit.
[61 FR 58466, Nov. 15, 1996, as amended at 62 FR 37156, July 11, 1997]
Sec. 648.13 Transfers at sea.
(a) Only vessels issued a Loligo and butterfish moratorium or Illex
moratorium permit under Sec. 648.4(a)(5) and vessels issued a mackerel
or squid/butterfish incidental catch permit and authorized in writing by
the Regional Administrator to do so, may transfer or attempt to transfer
Loligo, Illex, or butterfish from one vessel to another vessel.
(b) Vessels issued a multispecies permit under Sec. 648.4(a)(1) or a
scallop permit under Sec. 648.4(a)(2) are prohibited from transferring
or attempting to transfer any fish from one vessel to another vessel,
except that vessels issued a multispecies permit under Sec. 648.4(a)(1)
and specifically authorized in writing by the Regional Administrator to
do so, may transfer species other than regulated species from one vessel
to another vessel.
(c) All persons are prohibited from transferring or attempting to
transfer NE multispecies or scallops from one vessel to another vessel,
except in accordance with paragraph (b) of this section.
(d) All persons are prohibited from transferring or attempting to
transfer at sea summer flounder from one vessel to another vessel.
61 FR 34968, July 3, 1996, as amended at 62 FR 28642, May 27, 1997; 62
FR 63875, Dec. 3, 1997]
Sec. 648.14 Prohibitions.
(a) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter, it is unlawful for any person to do any of
the following:
(1) Fail to report to the Regional Administrator within 15 days any
change in the information contained in an applicable vessel, operator,
or dealer/processor permit application.
(2) Falsify or fail to affix and maintain vessel markings as
required by Sec. 648.8.
(3) Make any false statement in connection with an application,
declaration, or report under this part.
(4) Fail to comply in an accurate and timely fashion with the log
report, reporting, record retention, inspection, and other requirements
of Sec. 648.7, or submit or maintain false information in records and
reports required to be kept or filed under Sec. 648.7.
(5) Alter, erase, or mutilate any permit issued under this part.
(6) Alter, erase, mutilate, duplicate or cause to be duplicated, or
steal any cage tag issued under this part.
(7) Tamper with, damage, destroy, alter, or in any way distort,
render useless, inoperative, ineffective, or inaccurate the VTS, VTS
unit, or VTS signal required to be installed on or transmitted by vessel
owners or operators required to use a VTS by this part.
(8) Assault, resist, oppose, impede, harass, intimidate, or
interfere with or bar by command, impediment, threat, or coercion any
NMFS-approved observer or sea sampler aboard a vessel conducting his or
her duties aboard a vessel, or any authorized officer conducting any
search, inspection, investigation, or seizure in connection with
enforcement of this part, or any official designee of the Regional
Administrator conducting his or her duties, including those duties
authorized in Sec. 648.7(g).
(9) Refuse to carry an observer or sea sampler if requested to do so
by the Regional Administrator.
(10) To refuse reasonable assistance to either a NMFS-approved
observer or
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sea sampler conducting his or her duties aboard a vessel.
(11) Fish for surf clams or ocean quahogs in any area closed to surf
clam or ocean quahog fishing.
(12) Fish for, take, catch, harvest or land any species of fish
regulated by this part in or from the EEZ, unless the vessel has a valid
and appropriate permit issued under this part and the permit is on board
the vessel and has not been surrendered, revoked, or suspended.
(13) Purchase, possess or receive for a commercial purpose, or
attempt to purchase possess or receive for a commercial purpose, any
species regulated under this part unless in possession of a valid dealer
permit issued under this part, except that this prohibition does not
apply to species that are purchased or received from a vessel not issued
a permit under this part that fished exclusively in state waters, or
unless otherwise specified in Sec. 648.17.
(14) Produce, or cause to be produced, cage tags required under this
part without written authorization from the Regional Administrator.
(15) Tag a cage with a tag that has been rendered null and void or
with a tag that has been previously used.
(16) Tag a cage of surf clams with an ocean quahog cage tag or tag a
cage of ocean quahogs with a surf clam cage tag.
(17) Possess, import, export, transfer, land, have custody or
control of any species of fish regulated pursuant to this part that do
not meet the minimum size provisions in this part, unless such species
were harvested exclusively within state waters by a vessel not issued a
permit under this part or whose permit has been surrendered in
accordance with applicable regulations.
(18) Possess an empty cage to which a cage tag required by
Sec. 648.75 is affixed or possess any cage that does not contain surf
clams or ocean quahogs and to which a cage tag required by Sec. 648.75
is affixed.
(19) Land or possess, after offloading, any cage holding surf clams
or ocean quahogs without a cage tag or tags required by Sec. 648.75,
unless the person can demonstrate the inapplicability of the
presumptions set forth in Sec. 648.75(h).
(20) Sell null and void tags.
(21) Shuck surf clams or ocean quahogs harvested in or from the EEZ
at sea, unless permitted by the Regional Administrator under the terms
of Sec. 648.74.
(22) Receive for a commercial purpose other than transport, surf
clams or ocean quahogs harvested in or from the EEZ, whether or not they
are landed under an allocation under Sec. 648.70, unless issued a
dealer/processor permit under this part.
(23) Land unshucked surf clams or ocean quahogs harvested in or from
the EEZ outside the Maine mahogany quahog zone in containers other than
cages from vessels capable of carrying cages.
(24) Land unshucked surf clams and ocean quahogs harvested in or
from the EEZ within the Maine mahogany quahog zone in containers other
than cages from vessels capable of carrying cages unless, with respect
to ocean quahogs, the vessel has been issued a Maine mahogany quahog
permit under this part and is not fishing for an individual allocation
of quahogs under Sec. 648.70.
(25) Fail to comply with any of the notification requirements
specified in Sec. 648.15(b).
(26) Fish for, retain, or land both surf clams and ocean quahogs in
or from the EEZ on the same trip.
(27) Fish for, retain, or land ocean quahogs in or from the EEZ on a
trip designated as a surf clam fishing trip under Sec. 648.15(b), or
fish for, retain, or land surf clams in or from the EEZ on a trip
designated as an ocean quahog fishing trip under Sec. 648.15(b).
(28) Fail to offload any surf clams or ocean quahogs harvested in
the EEZ from a trip discontinued pursuant to Sec. 648.15(b) prior to
commencing fishing operations in waters under the jurisdiction of any
state.
(29) Land or possess any surf clams or ocean quahogs harvested in or
from the EEZ in excess of, or without, an individual allocation.
(30) Transfer any surf clams or ocean quahogs harvested in or from
the EEZ to any person for a commercial purpose, other than transport,
without a surf clam or ocean quahog processor or dealer permit.
[[Page 232]]
(31) Fish for, possess, or land NE multispecies, unless:
(i) The NE multispecies are being fished for or were harvested in or
from the EEZ by a vessel holding a valid multispecies permit under this
part, or a letter under Sec. 648.4(a)(1), and the operator on board such
vessel has been issued an operator's permit and has a valid permit on
board the vessel;
(ii) The NE multispecies were harvested by a vessel not issued a
multispecies permit that fishes for NE multispecies exclusively in state
waters;
(iii) The NE multispecies were harvested in or from the EEZ by a
recreational fishing vessel; or
(iv) Unless otherwise specified in Sec. 648.17.
(32) Land, offload, remove, or otherwise transfer, or attempt to
land, offload, remove or otherwise transfer multispecies from one vessel
to another vessel, unless both vessels have not been issued multispecies
permits and both fish exclusively in state waters, or unless authorized
in writing by the Regional Administrator.
(33) Sell, barter, trade, or otherwise transfer; or attempt to sell,
barter, trade, or otherwise transfer for a commercial purpose any NE
multispecies from a trip, unless the vessel is holding a multispecies
permit, or a letter under Sec. 648.4(a)(1), and is not fishing under the
charter/party vessel restrictions specified in Sec. 648.89, or unless
the NE multispecies were harvested by a vessel without a multispecies
permit that fishes for NE multispecies exclusively in state waters, or
unless otherwise specified in Sec. 648.17.
(34) Operate or act as an operator of a vessel fishing for or
possessing NE multispecies in or from the EEZ, or holding a multispecies
permit without having been issued and possessing a valid operator's
permit.
(35) Fish with, use, or have on board within the area described in
Sec. 648.80(a)(1), nets of mesh whose size is smaller than the minimum
mesh size specified in Sec. 648.80(a)(2), except as provided in
Sec. 648.80(a)(3) through (6), (a)(8), (a)(9), (d), (e) and (i), unless
the vessel has not been issued a multispecies permit and fishes for NE
multispecies exclusively in state waters, or unless otherwise specified
in Sec. 648.17.
(36) Fish with, use, or have available for immediate use within the
area described in Sec. 648.80(b)(1), nets of mesh size smaller than the
minimum size specified in Sec. 648.80(b)(2), except as provided in
Sec. 648.80(b)(3), (b)(9), (d), (e), and (i), or unless the vessel has
not been issued a multispecies permit and fishes for multispecies
exclusively in state waters, or unless otherwise specified in
Sec. 648.17.
(37) Fish with, use, or have available for immediate use within the
area described in Sec. 648.80(c)(1), nets of mesh size smaller that the
minimum mesh size specified in Sec. 648.80(c)(2), except as provided in
Sec. 648.80(c)(3), (d), (e), and (i), or unless the vessel has not been
issued a multispecies permit and fishes for NE multispecies exclusively
in state waters, or unless otherwise specified in Sec. 648.17.
(38) Enter or be in the area described in Sec. 648.81(a)(1) on a
fishing vessel, except as provided in Sec. 648.81(a) (2) and (d).
(39) Enter or be in the area described in Sec. 648.81(b)(1) on a
fishing vessel, except as provided by Sec. 648.81(b)(2).
(40) Enter, or be in the area described in Sec. 648.81(c)(1), on a
fishing vessel, except as provided in Sec. 648.81 (c)(2) and (d).
(41) Fail to comply with the gear-marking requirements of
Sec. 648.84.
(42) Fish within the areas described in Sec. 648.80(a)(4) with nets
of mesh smaller than the minimum size specified in Sec. 648.80(a)(2),
unless the vessel is issued and possesses on board an authorizing letter
issued under Sec. 648.80(a)(4)(i).
(43) Violate any of the provisions of Sec. 648.80(a)(4), the
Cultivator Shoals whiting fishery exemption area; (a)(5), the Stellwagen
Bank/Jeffreys Ledge (SB/JL) juvenile protection area; (a)(8), Small Mesh
Area 1/Small Mesh Area 2; (a)(9), the Nantucket Shoals dogfish fishery
exemption area; (a)(11), the Nantucket Shoals mussel and sea urchin
dredge exemption area; (a) (12), the GOM/GB monkfish gillnet exemption
area; (a)(13), the GOM/GB dogfish gillnet exemption area; (b)(3),
exemptions (small mesh); (b)(5), the SNE monkfish and skate trawl
exemption area; (b)(6), the SNE monkfish and skate gillnet exemption
area; (b)(7),
[[Page 233]]
the SNE dogfish gillnet exemption area; (b)(8), the SNE mussel and sea
urchin dredge exemption area; or (b)(9), the SNE little tunny gillnet
exemption area. A violation of any of these paragraphs is a separate
violation.
(44) Fish for, land, or possess NE multispecies harvested by means
of pair trawling or with pair trawl gear, except under the provisions of
Sec. 648.80(d), or unless the vessels that engaged in pair trawling have
not been issued multispecies permits and fish for NE multispecies
exclusively in state waters.
(45) Fish for, harvest, possess, or land in or from the EEZ northern
shrimp, unless such shrimp were fished for or harvested by a vessel
meeting the requirements specified in Sec. 648.80(a)(3).
(46) Violate any terms of a letter authorizing experimental fishing
pursuant to Sec. 648.12 or fail to keep such letter on board the vessel
during the period of the experiment.
(47) Fish for the species specified in Sec. 648.80(d) or (e) with a
net of mesh size smaller than the applicable mesh size specified in
Sec. 648.80(a)(2), (b)(2), or (c)(2), or possess or land such species,
unless the vessel is in compliance with the requirements specified in
Sec. 648.80(d) or (e), or unless the vessel has not been issued a
multispecies permit and fishes for NE multispecies exclusively in state
waters, or unless otherwise specified in Sec. 648.17.
(48) Violate any provision of the open access permit restrictions as
provided in Sec. 648.88.
(49) Violate any of the restrictions on fishing with scallop dredge
gear specified in Sec. 648.80(h).
(50) Violate any provision of the state waters winter flounder
exemption program as provided in Sec. 648.80(i).
(51) Obstruct or constrict a net as described in Sec. 648.80(g) (1)
or (2).
(52) Enter, be on a fishing vessel in, or fail to remove gear from
the EEZ portion of the areas described in Sec. 648.81 (f)(1) through
(i)(1) during the time period specified, except as provided in
Sec. 648.81(d), (f)(2), (g)(2), (h)(2), and (i)(2).
(53) Possess, land, or fish for regulated species, except winter
flounder as provided for in accordance with Sec. 648.80(i) and from or
within the areas described in Sec. 648.80(i), while in possession of
scallop dredge gear on a vessel not fishing under the scallop DAS
program as described in Sec. 648.53, or fishing under a general scallop
permit, unless the vessel and the dredge gear conform with the stowage
requirements of Sec. 648.51 (a)(2)(ii) and (e)(2), or unless the vessel
has not been issued a multispecies permit and fishes for NE multispecies
exclusively in state waters.
(54) Possess or land fish caught with nets of mesh smaller than the
minimum size specified in Sec. 648.51, or with scallop dredge gear on a
vessel not fishing under the scallop DAS program described in
Sec. 648.54 of this chapter, or fishing under a general scallop permit,
unless said fish are caught, possessed or landed in accordance with
Secs. 648.80 and 648.86, or unless the vessel has not been issued a
multispecies permit and fishes for NE multispecies exclusively in state
waters.
(55) Purchase, possess, or receive as a dealer, or in the capacity
of a dealer, regulated species in excess of the possession limit
specified in Sec. 648.86 applicable to a vessel issued a multispecies
permit, unless otherwise specified in Sec. 648.17.
(56) Possess, or land per trip, scallops in excess of 40 lb (18.14
kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, unless:
(i) The scallops were harvested by a vessel that has been issued and
carries on board a general or limited access scallop permit; or
(ii) The scallops were harvested by a vessel that has not been
issued a scallop permit and fishes for scallops exclusively in state
waters.
(57) Fish for, possess or land per trip, scallops in excess of 400
lb (181.44 kg) or 50 bu (17.62 hl) of in-shell scallops, unless:
(i) The scallops were harvested by a vessel that has been issued and
carries on board a limited access scallop permit, or
(ii) The scallops were harvested by a vessel that has not been
issued a scallop permit and fishes for scallops exclusively in state
waters.
(58) Fish for, possess, or land per trip, scallops in excess of 40
lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops,
unless:
[[Page 234]]
(i) The scallops were harvested by a vessel with an operator on
board who has been issued an operator's permit and the permit is on
board the vessel and is valid; or
(ii) The scallops were harvested by a vessel that has not been
issued a scallop permit and fishes for scallops exclusively in state
waters.
(59) Have a shucking or sorting machine on board a vessel that
shucks scallops at sea, while in possession of more than 400 lb (181.44
kg) of shucked scallops, unless that vessel has not been issued a
scallop permit and fishes exclusively in state waters.
(60) Land, offload, remove, or otherwise transfer, or attempt to
land, offload, remove or otherwise transfer, scallops from one vessel to
another, unless that vessel has not been issued a scallop permit and
fishes exclusively in state waters.
(61) Sell, barter or trade, or otherwise transfer, or attempt to
sell, barter or trade, or otherwise transfer, for a commercial purpose,
any scallops from a trip whose catch is 40 lb (18.14 kg) of shucked
scallops or less, or 5 bu (176.1 L) of in-shell scallops, unless the
vessel has been issued a valid general or limited access scallop permit,
or the scallops were harvested by a vessel that has not been issued a
scallop permit and fishes for scallops exclusively in state waters.
(62) Purchase, possess, or receive for a commercial purpose, or
attempt to purchase, possess, or receive for a commercial purpose, in
the capacity of a dealer, scallops taken from a fishing vessel that were
harvested in or from the EEZ, unless issued, and in possession of, a
valid scallop dealer's permit.
(63) Purchase, possess, or receive for commercial purposes, or
attempt to purchase or receive for commercial purposes, scallops caught
by a vessel other than one issued a valid limited access or general
scallop permit unless the scallops were harvested by a vessel that has
not been issued a scallop permit and fishes for scallops exclusively in
state waters.
(64) Operate or act as an operator of a vessel fishing for or
possessing any species of fish regulated by this part in or from the
EEZ, or issued a permit pursuant to this part, without having been
issued and possessing a valid operator's permit.
(65) Possess in or harvest from the EEZ summer flounder, either in
excess of the possession limit specified in Sec. 648.105, or before or
after the time period specified in Sec. 648.102, unless the vessel was
issued a summer flounder moratorium permit and the moratorium permit is
on board the vessel and has not been surrendered, revoked, or suspended.
(66) Possess nets or netting with mesh not meeting the minimum mesh
requirement of Sec. 648.104 if the person possesses summer flounder
harvested in or from the EEZ in excess of the threshold limit of
Sec. 648.105(a).
(67) Purchase or otherwise receive, except for transport, summer
flounder from the owner or operator of a vessel issued a summer flounder
moratorium permit, unless in possession of a valid summer flounder
dealer permit.
(68) Purchase or otherwise receive for commercial purposes summer
flounder caught by other than a vessel with a summer flounder moratorium
permit not subject to the possession limit of Sec. 648.105.
(69) Purchase or otherwise receive for a commercial purpose summer
flounder landed in a state after the effective date published in the
Federal Register notifying permit holders that commercial quota is no
longer available in that state.
(70) Fail to comply with any sea turtle conservation measure
specified in Sec. 648.106, including any sea turtle conservation measure
implemented by notification in the Federal Register in accordance with
Sec. 648.106(d).
(71) Use any vessel of the United States for taking, catching,
harvesting, fishing for, or landing any Atlantic salmon taken from or in
the EEZ.
(72) Transfer, directly or indirectly, or attempt to transfer to any
vessel any Atlantic salmon taken in or from the EEZ.
(73) Take and retain, or land more mackerel, squid, and butterfish
than specified under a notice issued under Sec. 648.22.
(74) Possess nets or netting with mesh not meeting the minimum size
requirement of Sec. 648.23 and not stowed in accordance with the
requirements of
[[Page 235]]
Sec. 648.23, if in possession of Loligo harvested in or from the EEZ.
(75) Transfer Loligo, Illex, or butterfish within the EEZ, unless
the vessels participating in the transfer have been issued a valid
Loligo and butterfish or Illex moratorium permit and are transferring
the species for which the vessels are permitted or have a valid squid/
butterfish incidental catch permit and a letter of authorization from
the Regional Administrator.
(76) Purchase, possess or receive for a commercial purpose, or
attempt to purchase, possess, or receive for a commercial purpose, in
the capacity of a dealer, except for transport on land, mackerel, squid,
and butterfish taken from a fishing vessel unless issued, and in
possession of a valid mackerel, squid, and butterfish fishery dealer
permit.
(77) Purchase or otherwise receive for a commercial purpose,
mackerel, squid, and butterfish caught by other than a vessel issued a
mackerel, squid, and butterfish permit, unless the vessel has not been
issued a permit under this part and fishes exclusively within the waters
under the jurisdiction of any state.
(78) [Reserved]
(79) Violate any other provision of this part, the Magnuson Act, or
any regulation, notice, or permit issued under the Magnuson Act.
(80) Possess scup in or harvested from the EEZ north of 35 deg.15.3'
N. lat. in an area closed, or before or after a season established
pursuant to Sec. 648.122.
(81) To purchase or otherwise receive for a commercial purpose scup
harvested from the EEZ north of 35 deg.15.3' N. lat., or from a vessel
issued a scup moratorium permit after the effective date of the
notification published in the Federal Register stating that the
commercial quota has been harvested.
(82) Land scup harvested in or from the EEZ north of 35 deg.15.3' N.
lat. after the effective date of the notification published in the
Federal Register stating that the commercial quota has been harvested.
(83) Possess scup harvested in or from the EEZ north of 35 deg.15.3'
N. lat. that do not meet the minimum fish size specified in
Sec. 648.124.
(84) Fish for, catch, or retain scup in excess of 4,000 lb (1,814
kg) in or from the EEZ north of 35 deg.15.3' N. lat. unless the vessel
meets the gear restrictions in Sec. 648.123.
(85) Fish for, catch, or retain scup in or from the EEZ north of
35 deg.15.3' N. lat. for sale, barter, or trade, after January 1, 1997,
unless the vessel has been issued a valid moratorium permit pursuant to
Sec. 648.4(a)(6).
(86) Sell or transfer scup harvested in or from the EEZ north of
35 deg.15.3' N. lat. after January 1, 1997, unless the vessel has been
issued a valid moratorium permit pursuant to Sec. 648.4(a)(6).
(87) Fish for, catch, or retain scup in or from the EEZ north of
35 deg.15.3' N. lat. on board a party or charter boat after January 1,
1997, unless the vessel has been issued a valid party or charter boat
permit pursuant to Sec. 648.4(a)(6)(ii).
(88) Fish with or possess scup pots or traps in the EEZ north of
35 deg.15.3' N. lat. that have a rectangular escape vent, any side of
which is less than 2.25 inches (5.7 cm) in length.
(89) Fail to remove, use, set, haul back, fish with, or possess on
board a vessel, unless stowed in accordance with Sec. 648.81(e)(4), sink
gillnet gear and other gillnet gear capable of catching multispecies,
with the exception of single pelagic gillnets (as described in
Sec. 648.81(f)(2)(ii)), in the areas and for the times specified in
Sec. 648.87 (a) and (b), except as provided in Secs. 648.81(f)(2)(ii)
and 648.87 (a) and (b), or unless otherwise authorized in writing by the
Regional Administrator.
(90) Fail to remove, use, set, haul back, fish with, or possess on
board a vessel, unless stowed in accordance with Sec. 648.81(e)(4), sink
gillnet gear and other gillnet gear capable of catching multispecies,
with the exception of single pelagic gillnets (as described in
Sec. 648.81(f)(2)(ii)), in the areas and for the times specified in
Sec. 648.87 (a) and (b), except as provided in Secs. 648.81(f)(2)(ii)
and 648.87 (a) and (b), or unless otherwise authorized in writing by the
Regional Administrator.
(91) Possess in or harvest from the EEZ from 35 deg.15.3' N. lat.,
the latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada
border, black sea bass either in excess of the possession limit
[[Page 236]]
established pursuant to Sec. 648.145 or before or after the time period
established pursuant to Sec. 648.142, unless the person is operating a
vessel issued a moratorium permit under Sec. 648.4 and the moratorium
permit is on board the vessel and has not been surrendered, revoked, or
suspended;
(92) Fish for, catch, or retain 100 lb or more (45.4 kg or more) of
black sea bass in or from the EEZ from 35 deg.15.3' N. lat., the
latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada
border, unless the vessel meets the gear restrictions of Sec. 648.144.
(93) Purchase or otherwise receive for commercial purposes black sea
bass caught in the EEZ from 35 deg.15.3' N. lat., the latitude of Cape
Hatteras Light, North Carolina, northward to the U.S.-Canada border, by
other than a vessel with a moratorium permit not subject to the
possession limit established pursuant to Sec. 648.145 unless the vessel
has not been issued a permit under this part and is fishing exclusively
within the waters under the jurisdiction of any state.
(94) Possess or use rollers used in roller rig or rock hopper trawl
gear that do not meet the minimum size requirement of Sec. 648.144 if
the person possesses black sea bass harvested in or from the EEZ from
35 deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC, northward
to the U.S.-Canada border.
(95) Possess or use pot and trap gear not meeting the requirements
of Sec. 648.144 if the person possesses black sea bass harvested in or
from the EEZ from 35 deg.15.3' N. lat., the latitude of Cape Hatteras
Light, NC, northward to the U.S.-Canada border.
(96) Purchase or otherwise receive for commercial purposes black sea
bass landed for sale by a moratorium vessel in any state, or part
thereof, north of 35 deg.15.3' N. lat., after the effective date of the
notification published in the Federal Register stating that the
commercial quarterly quota has been harvested and the EEZ is closed to
the harvest of black sea bass.
(97) Fish in or transit the Scallop Experimental Area defined in
Sec. 648.56(a)(1), except as provided for in Sec. 648.56 (a)(2) and
(a)(3).
(98) Fish, or be in the areas described in Sec. 648.81(j)(1),
(k)(1), (l)(1), and (m)(1) on a fishing vessel with mobile gear during
the time periods specified in Sec. 648.81(j)(2), (k)(2), (l)(2), and
(m)(2), except as provided in Sec. 648.81(j)(2), (k)(2), (l)(2), and
(m)(2).
(99) Fish, or be in the areas described in Sec. 648.81(j)(1),
(k)(1), and (l)(1) on a fishing vessel with lobster pot gear during the
time periods specified in Sec. 648.81(j)(2), (k)(2), and (l)(2).
(100) Deploy in or fail to remove lobster pot gear from the areas
described in Sec. 648.81(j)(1), (k)(1), and (l)(1), during the time
periods specified in Sec. 648.81(j)(2), (k)(2), and (l)(2).
(101) Enter, fail to remove gear from, or be in the areas described
in Sec. 648.81(f)(1) through (i)(1) and in Sec. 648.81(n)(1) during the
time period specified, except as provided in Sec. 648.81(d), (f)(2),
(g)(2), (h)(2), (i)(2) and (n)(2).
(102) Enter or fish in the Gulf of Maine/Georges Bank and Southern
New England Regulated Mesh Areas, except as provided in Secs. 648.80
(a)(2)(iii) and (b)(2)(iii), and for purposes of transiting, provided
that all gear (other than exempted gear) is stowed in accordance with
Sec. 648.23(b).
(103) Sell, barter, trade or transfer, or attempt to sell, barter,
trade or otherwise transfer, other than transport, any multispecies,
unless the dealer or transferee has a dealer permit issued under
Sec. 648.6.
(104) Fish for, harvest, possess, or land regulated multispecies
when fishing in the closed areas specified in Sec. 648.81(a), (b), (c),
(f), (g) and (h), unless otherwise specified in Sec. 648.81(c)(2)(iii),
(f)(2)(i) and (f)(2)(iii).
(105) Offload unshucked surf clams or ocean quahogs harvested in or
from the EEZ outside the Maine mahogany quahog zone from vessels not
capable of carrying cages, other than directly into cages.
(106) Offload unshucked surf clams harvested in or from the EEZ
within the Maine mahogany quahog zone from vessels not capable of
carrying cages, other than directly into cages.
(107) Offload unshucked ocean quahogs harvested in or from the EEZ
within the Maine mahogany quahog zone from vessels not capable of
carrying cages, other than directly into cages, unless the vessel has
been issued
[[Page 237]]
a Maine mahogany quahog permit under this part and is not fishing for an
individual allocation of quahogs under Sec. 648.70.
(108) Purchase, receive for a commercial purpose other than
transport to a testing facility, or process, or attempt to purchase,
receive for commercial purpose other than transport to a testing
facility, or process, outside Maine, ocean quahogs harvested in or from
the EEZ within the Maine mahogany quahog zone, except at a facility
participating in an overall food safety program, operated by the
official state agency having jurisdiction, that utilizes food safety-
based procedures including sampling and analyzing for PSP toxin
consistent with procedures used by the State of Maine for such purpose.
(109) Land or possess ocean quahogs harvested in or from the EEZ
within the Maine mahogany quahog zone after the effective date published
in the Federal Register notifying participants that Maine mahogany
quahog quota is no longer available, unless the vessel is fishing for an
individual allocation of ocean quahogs under Sec. 648.70.
(110)--(111) [Reserved]
(112) Fish for, harvest, possess, or land in or from the EEZ, when
fishing with trawl gear, any of the exempted species specified in
Sec. 648.80(a)(8)(i), unless such species were fished for or harvested
by a vessel meeting the requirements specified in Sec. 648.80 (a)(3)(ii)
or (a)(8)(iv).
(113) Land ocean quahogs outside Maine that are harvested in or from
the EEZ within the Maine mahogany quahog zone, except at a facility
participating in an overall food safety program, operated by the
official state agency having jurisdiction, that utilizes food safety-
based procedures including sampling and analyzing for PSP toxin
consistent with procedures used by the State of Maine for such purpose.
(b) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is
unlawful for any person owning or operating a vessel holding a
multispecies permit, issued an operator's permit, or issued a letter
under Sec. 648.4(a)(1)(i)(H)(3), to land, or possess on board a vessel,
more than the possession or landing limits specified in Sec. 648.86(a)
and (b), or to violate any of the other provisions of Sec. 648.86,
unless otherwise specified in Sec. 648.17.
(c) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a) and (b) of this
section, it is unlawful for any person owning or operating a vessel
issued a limited access multispecies permit or a letter under
Sec. 648.4(a)(1)(i)(H)(3), unless otherwise specified in Sec. 648.17, to
do any of the following:
(1) Fish for, possess at any time during a trip, or land per trip
more than the possession limit of regulated species specified in
Sec. 648.86(c) after using up the vessel's annual DAS allocation or when
not participating in the DAS program pursuant to Sec. 648.82, unless
otherwise exempted under Sec. 648.82(b)(3) or Sec. 648.89.
(2) If required by Sec. 648.10 to have a VTS unit:
(i) Fail to have a certified, operational, and functioning VTS unit
that meets the specifications of Sec. 648.9 on board the vessel at all
times.
(ii) Fail to comply with the notification, replacement, or any other
requirements regarding VTS usage as specified in Sec. 648.10(b).
(3) Combine, transfer, or consolidate DAS allocations.
(4) Fish for, possess, or land NE multispecies with or from a vessel
that has had the horsepower of such vessel or its replacement upgraded
or increased in excess of the limitations specified in
Sec. 648.4(a)(1)(i) (E) and (F).
(5) Fish for, possess, or land NE multispecies with or from a vessel
that has had the length, GRT, or NT of such vessel or its replacement
increased or upgraded in excess of limitations specified in
Sec. 648.4(a)(1)(i) (E) and (F).
(6) Fail to comply with any provision of the DAS notification
program as specified in Sec. 648.10.
(7) Possess or land per trip more than the possession or landing
limits specified under Sec. 648.86(a), (b), and under Sec. 648.82(b)(3),
if the vessel has been issued a limited access multispecies permit.
(8) Fail to comply with the restrictions on fishing and gear
specified in Sec. 648.82(b)(4), if the vessel has been
[[Page 238]]
issued a limited access multispecies hook-gear permit.
(9) Fail to declare, and be, out of the NE multispecies DAS program
as required by Sec. 648.82(g), using the procedure described under
Sec. 648.82(h), as applicable.
(10) Enter, fail to remove sink gillnet gear or gillnet gear capable
of catching multispecies from, or be in the areas, and for the times,
described in Sec. 648.87(a) and (b), except as provided in
Sec. 648.81(d), and (f)(2), and in Sec. 648.87(a)(1)(ii).
(11) If the vessel has been issued a limited access multispecies
permit and fishes under a multispecies DAS, fail to comply with gillnet
requirements and restrictions specified in Sec. 648.82(k).
(12) If the vessel has been issued a limited access Day gillnet
category designation, fail to comply with the restriction and
requirements specified in Sec. 648.82(k)(1).
(13) If the vessel has been issued a Day gillnet category
designation, fail to remove gillnet gear from the water as described in
Sec. 648.82(g) and Sec. 648.82(k)(1)(iv).
(14) Fail to produce or, cause to be produced, gillnet tags when
requested by an authorized officer.
(15) Produce, or cause to be produced, gillnet tags under
Sec. 648.82(k)(1) without the written confirmation from the Regional
Administrator described in Sec. 648.82(k)(1)(ii).
(16) Tag a gillnet or use a gillnet tag that has been reported lost,
missing, destroyed, or issued to another vessel.
(17) Sell, transfer, or give away gillnet tags that have been
reported lost, missing, destroyed, or issued to another vessel.
(18) If the vessel has been issued a Trip gillnet category
designation, fail to comply with the restrictions and requirements
specified in Sec. 648.82(k)(2).
(19) Fail to comply with the exemption specifications as described
in Sec. 648.86(b)(2).
(20) Fail to comply with the provisions of the cod hail weight
notification specifications specified in Sec. 648.86(b)(1)(ii)(B).
(21) Fail to declare, and be, out of the non-exempt gillnet fishery
as required by Sec. 648.82(k)(1)(iv), using the procedure described
under Sec. 648.82(h), as applicable.
(22) Fail to comply with the exemption specifications as described
in Sec. 648.17.
(23) Fail to enter port and call-out of the DAS program no later
than 14 DAS after starting (i.e., the time of the issuance of the DAS
authorization number) a multispecies DAS trip, as specified in
Sec. 648.10(f)(3), unless otherwise specified in Sec. 648.86(b)(1)(ii),
or unless the vessel is fishing under the cod exemption specified in
Sec. 648.86(b)(2).
(24) Fail to enter port and report the hail weight of cod within 14
DAS after starting a multispecies DAS trip, as specified in
Sec. 648.10(f)(3), if the vessel exceeds the allowable limit of cod
specified in Sec. 648.86(b)(1)(i) and (b)(3)(i), unless the vessel is
fishing under the cod exemption specified in Sec. 648.86(b)(2).
(25) Fail to remain in port for the appropriate time specified in
Sec. 648.86(b)(1)(ii)(A), except for transiting purposes, provided the
vessel complies with Sec. 648.86(b)(4).
(d) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a), (b), and (c) of this
section, it is unlawful for any person owning or operating a vessel
issued a multispecies handgear permit to do any of the following, unless
otherwise specified in Sec. 648.17:
(1) Possess, at any time during a trip, or land per trip, more than
the possession limit of regulated species specified in Sec. 648.88(a),
unless the regulated species were harvested by a charter or party
vessel.
(2) Use, or possess on board, gear capable of harvesting NE
multispecies, other than rod and reel or handline, while in possession
of, or fishing for, NE multispecies.
(3) Possess or land NE multispecies during the time period specified
in Sec. 648.88(a)(2).
(4) Violate any provision of the open access handgear permit
restrictions as provided in Sec. 648.88(a).
(e) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a) through (d) of this
section, it is unlawful for any person owning or operating a vessel
issued a scallop multispecies possession limit permit to possess or land
more than
[[Page 239]]
the possession limit of regulated species specified at Sec. 648.88(c) or
to possess or land regulated species when not fishing under a scallop
DAS, unless otherwise specified in Sec. 648.17.
(f) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is
unlawful for any person owning or operating a vessel issued a limited
access scallop permit or a general scallop permit under Sec. 648.4(a)(2)
to land, or possess at or after landing, in-shell scallops smaller than
the minimum shell height specified in Sec. 648.50(a).
(g) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and the prohibitions specified in
paragraphs (a) through (f) of this section, it is unlawful for the owner
or operator of a charter or party boat issued a multispecies permit, or
of a recreational vessel, as applicable, unless otherwise specified in
Sec. 648.17, to:
(1) Fish with gear in violation of the restrictions specified in
Sec. 648.89(a).
(2) Possess cod and haddock in excess of the possession limits
specified in Sec. 648.89(c).
(3) Sell, trade, barter, or otherwise transfer, or attempt to sell,
trade, barter or otherwise transfer, NE multispecies for a commercial
purpose as specified in Sec. 648.89(d).
(h) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a) and (g) of this
section, it is unlawful for any person owning or operating a vessel
issued a limited access scallop permit under Sec. 648.4(a)(2) to do any
of the following:
(1) Possess, or land per trip, more than 400 lb (181.44 kg) of
shucked, or 50 bu (17.62 hl) of in-shell scallops after using up the
vessel's annual DAS allocation or when not participating under the DAS
program pursuant to Sec. 648.10, unless exempted from DAS allocations as
provided in Sec. 648.54.
(2) Land scallops on more than one trip per calendar day after using
up the vessel's annual DAS allocation or when not participating under
the DAS program pursuant to Sec. 648.10, unless exempted from DAS
allocations as provided in Sec. 648.55.
(3) Fail to have an approved, operational, and functioning VTS unit
that meets the specifications of Sec. 648.9 on board the vessel at all
times, unless the vessel is not subject to the VTS requirements
specified in Sec. 648.10.
(4) If the vessel is not subject to VTS requirements specified in
Sec. 648.10(a), fail to comply with the requirements of the call-in
system specified in Sec. 648.10(b).
(5) Combine, transfer, or consolidate DAS allocations.
(6) Have an ownership interest in more than 5 percent of the total
number of vessels issued limited access scallop permits, except as
provided in Sec. 648.4(a)(2)(i)(H).
(7) Fish for, possess, or land scallops with or from a vessel that
has had the horsepower of such vessel or its replacement upgraded or
increased in excess of the limitations specified in Sec. 648.4(a)(2)(i)
(E) or (F).
(8) Fish for, possess, or land scallops with or from a vessel that
has had the length, GRT, or NT of such vessel or its replacement
increased or upgraded in excess of limitations specified in
Sec. 648.4(a)(2)(i) (E) or (F).
(9) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 l)
of in shell scallops or participate in the DAS allocation program, while
in the possession of trawl nets that have a maximum sweep exceeding 144
ft (43.9 m), as measured by the total length of the footrope that is
directly attached to the webbing of the net, except as specified in
Sec. 648.51(a)(2)(ii).
(10) Fish under the DAS allocation program with, or have available
for immediate use, trawl nets of mesh smaller than the minimum size
specified in Sec. 648.51(a)(2).
(11) Fish under the DAS allocation program with trawl nets that use
chafing gear or other means or devices that do not meet the requirements
of Sec. 648.51(a)(3).
(12) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2
L) of in-shell scallops or participate in the DAS allocation program,
while in possession of dredge gear that has a maximum combined dredge
width exceeding 31 ft (9.4 m), measured at the widest point in the bail
of each dredge, except as specified in Sec. 648.51(b)(1).
(13) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1
L) of in-shell
[[Page 240]]
scallops, or fish under the DAS allocation program, while in possession
of dredge gear that uses net or net material on the top half of the
dredge of a minimum mesh size smaller than that specified in
Sec. 648.51(b)(2).
(14) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1
L) of in-shell scallops, or fish under the DAS allocation program, while
in possession of dredge gear containing rings that have minimum sizes
smaller than those specified in Sec. 648.51(b)(3).
(15) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2
L) of in-shell scallops, or participate in the DAS allocation program,
while in possession of dredge gear that uses links between rings of the
gear or ring configurations that do not conform to the specifications
described in Sec. 648.51(b)(4)(ii).
(16) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2
L) of in-shell scallops, or participate in the DAS allocation program,
while in possession of dredge gear that uses cookies or chafing gear, or
other gear, means, or devices on the top half of a dredge that obstruct
the openings in or between the rings, except as specified in
Sec. 648.51(b)(4).
(17) Participate in the DAS allocation program with more than the
number of persons specified in Sec. 648.51(c), including the operator,
on board when the vessel is not docked or moored in port, unless
otherwise authorized by the Regional Administrator.
(18) Fish under the small dredge program specified in Sec.
648.51(e), with, or while in possession of, a dredge that exceeds 10.5
ft (3.2 m) in overall width, as measured at the widest point in the bail
of the dredge.
(19) Fish under the small dredge program as specified in
Sec. 648.51(e) with more than five persons, including the operator,
aboard the vessel, unless otherwise authorized by the Regional
Administrator.
(20) Have a shucking or sorting machine on board a vessel that
shucks scallops at sea while fishing under the DAS allocation program,
unless otherwise authorized by the Regional Administrator.
(21) Refuse or fail to carry an observer if requested to do so by
the Regional Administrator.
(22) Fail to provide an observer with required food, accommodations,
access, and assistance, as specified in Sec. 648.11.
(23) Fail to comply with any requirement for declaring in and out of
the DAS allocation program as specified in Sec. 648.10.
(24) Fail to comply with any requirement for participating in the
DAS Exemption Program as specified in Sec. 648.54.
(25) Fish with, possess on board, or land scallops while in
possession of trawl nets, when fishing for scallops under the DAS
allocation program, unless exempted as provided for in Sec. 648.51(f).
(26) Fail to comply with the restriction on twine top described in
Sec. 648.51(b)(4)(iv).
(i) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a), (f), and (g) of this
section, it is unlawful for any person owning or operating a vessel
issued a general scallop permit to do any of the following:
(1) Possess, or land per trip, more than 400 lb (181.44 kg) of
shucked or 50 bu (17.62 hl) of in-shell scallops.
(2) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L)
of in-shell scallops while in possession of, or fish for scallops with,
dredge gear that has a maximum combined dredge width exceeding 31 ft
(9.4 m), measured at the widest point in the bail of each dredge, except
as specified in Sec. 648.51(b)(1).
(3) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 L)
of in-shell scallops while in possession of, or fish for scallops with,
dredge gear that uses net or net material on the top half of the dredge
of a minimum mesh size smaller than that specified in Sec. 648.51(b)(2).
(4) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 L)
of in-shell scallops while in possession of, or fish for scallops with,
dredge gear containing rings that have minimum sizes smaller than those
specified in Sec. 648.51(b)(3).
(5) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L)
of in-shell scallops while in possession of, or fish for scallops with,
dredge gear that uses links between rings of the gear or ring
configurations that do not conform to
[[Page 241]]
the specifications described in Sec. 648.51(b)(4)(ii).
(6) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L)
of in-shell scallops while in possession of, or fish for scallops with,
dredge gear that uses cookies or chafing gear, or other gear, means, or
devices on the top half of a dredge that obstruct the openings in or
between the rings, except as specified in Sec. 648.51(b)(4).
(7) Fish for, or land, more than 40 lb (18.14 kg) of scallops on
more than one trip per calendar day.
(j) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is
unlawful for any person owning or operating a vessel issued a summer
flounder permit (including moratorium permit) to do any of the
following:
(1) Possess 100 lb or more (45.4 kg or more) of summer flounder
between May 1 and October 31, or 200 lb or more (90.7 kg or more) of
summer flounder between November 1 and April 30, unless the vessel meets
the minimum mesh size requirement specified in Sec. 648.104(a), or is
fishing in the exempted area with an exemption permit as specified in
Sec. 648.104(b)(1), or holds an exemption permit and is in transit from
the exemption area with nets properly stowed as specified in
Sec. 648.104(f), or is fishing with exempted gear specified in
Sec. 648.104(b)(2).
(2) Possess summer flounder in other than a box specified in
Sec. 648.105(d) if fishing with nets having mesh that does not meet the
minimum mesh-size requirement specified in Sec. 648.104(a), unless the
vessel is fishing pursuant to the exemptions specified in
Sec. 648.104(b).
(3) Land summer flounder for sale in a state after the effective
date of the notification in the Federal Register notifying permit
holders that commercial quota is no longer available in that state.
(4) Fish with or possess nets or netting that do not meet the
minimum mesh requirement, or that are modified, obstructed or
constricted, if subject to the minimum mesh requirement specified in
Sec. 648.104, unless the nets or netting are stowed in accordance with
Sec. 648.104(f).
(5) Fish with or possess nets or netting that do not meet the
minimum mesh requirement, or that are modified, obstructed or
constricted, if fishing with an exempted net described in Sec. 648.104,
unless the nets or netting are stowed in accordance with
Sec. 648.104(f).
(6) Fish west or south, as appropriate, of the line specified in
Sec. 648.104(b)(1) if exempted from the minimum mesh requirement
specified in Sec. 648.104 by a summer flounder exemption permit.
(7) Sell or transfer to another person for a commercial purpose,
other than transport, any summer flounder, unless the transferee has a
valid summer flounder dealer permit.
(8) Carry passengers for hire, or carry more than three crew members
for a charter boat or five crew members for a party boat, while fishing
commercially pursuant to a summer flounder moratorium permit.
(9) Offload, remove, or otherwise transfer, or attempt to offload,
remove or otherwise transfer summer flounder from one vessel to another,
unless that vessel has not been issued a summer flounder permit and
fishes exclusively in state waters.
(k) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is
unlawful for any person owning or operating a vessel issued a scup
permit (including a moratorium permit) to do any of the following:
(1) Possess scup in excess of the threshold amount specified in
Sec. 648.123, unless the vessel meets the minimum mesh-size restrictions
specified in Sec. 648.123.
(2) Fail to keep scup separate from other species if fishing with
nets having mesh that does not meet the minimum mesh-size restrictions
specified in Sec. 648.123(a).
(3) Land scup for sale after the effective date of the notification
published in the Federal Register stating that the commercial quota has
been harvested.
(4) Possess nets or netting that do not meet the minimum mesh
restrictions or that are modified, obstructed or constricted, if subject
to the minimum mesh requirements specified in Sec. 648.123(a), unless
the nets or netting are stowed in accordance with Sec. 648.23(b).
[[Page 242]]
(5) Fish with nets or netting that do not meet the minimum mesh
restriction or that are modified, obstructed or constricted while in
possession of scup in excess of the threshold amount specified in
Sec. 648.123.
(6) As of January 1, 1997, sell or transfer to another person for a
commercial purpose, other than transport on land, any scup, unless the
transferee has a dealer permit issued under Sec. 648.6.
(7) Carry passengers for hire, or carry more than three crew members
for a charter boat or five crew members for a party boat, while fishing
for scup under the terms of a moratorium permit issued pursuant to
Sec. 648.4(a)(6).
(8) Use a scup pot or trap that does not have the hinges and
fasteners made of degradable materials as specified in Sec. 648.123.
(9) Use a scup trap or pot that does not have a minimum escape vent
of the size specified in Sec. 648.123.
(10) Use roller rig trawl gear equipped with rollers greater than
the size specified in Sec. 648.123.
(11) Possess scup in, or harvested from, the EEZ in an area closed,
or before or after a season established pursuant to Sec. 648.122.
(12) Use a scup trap or pot that is not marked in accordance with
Sec. 648.123(b)(3).
(l) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is
unlawful for the owner or operator of a party or charter boat issued a
scup permit (including a moratorium permit), when the boat is carrying
passengers for hire or carrying more than three crew members if a
charter boat or more than five members if a party boat, to:
(1) Possess scup in excess of the possession limit established
pursuant to Sec. 648.125.
(2) Fish for scup other than during a season established pursuant to
Sec. 648.122.
(3) Sell scup or transfer scup to another person for a commercial
purpose.
(4) Possess scup that do not meet the minimum fish size specified in
Sec. 648.124(b).
(m) It is unlawful for the owner and operator of a party or charter
boat issued a summer flounder permit (including moratorium permit), when
the boat is carrying passengers for hire or carrying more than three
crew members if a charter boat or more than five members if a party
boat, to:
(1) Possess summer flounder in excess of the possession limit
established pursuant to Sec. 648.105.
(2) Fish for summer flounder other than during a season specified
pursuant to Sec. 648.102.
(3) Sell or transfer summer flounder to another person for a
commercial purpose.
(n) It is unlawful to violate any terms of a letter authorizing
experimental fishing pursuant to Sec. 648.12 or to fail to keep such
letter aboard the vessel during the time period of the experimental
fishing.
(o) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is
unlawful for any person owning or operating a vessel issued a surf clam
and ocean quahog permit or issued a surf clam and ocean quahog
allocation permit under Sec. 648.70, to land or possess any surf clams
or ocean quahogs in excess of, or without, an individual allocation, or
to transfer any surf clams or ocean quahogs to any person for a
commercial purpose other than transport, unless that person has a surf
clam and ocean quahog processor/dealer permit.
(p) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter, it is unlawful for any person owning or
operating a vessel issued a valid mackerel, squid, and butterfish
fishery permit, or issued an operator's permit, to do any of the
following:
(1) Possess more than the incidental catch allowance of Loligo or
butterfish, unless issued a Loligo squid and butterfish fishery
moratorium permit.
(2) Possess more than the incidental catch allowance of Illex squid
unless issued an Illex squid moratorium permit.
(3) Take, retain, or land mackerel, squid, or butterfish in excess
of a trip allowance specified under Sec. 648.22.
(4) Take, retain, or land mackerel, squid, or butterfish after a
total closure specified under Sec. 648.22.
(5) Fish with or possess nets or netting that do not meet the
minimum mesh requirement for Loligo specified
[[Page 243]]
in Sec. 648.23(a), or that are modified, obstructed, or constricted, if
subject to the minimum mesh requirement, unless the nets or netting are
stowed in accordance with Sec. 648.23(b) or the vessel is fishing under
an exemption specified in Sec. 648.23(a).
(6) Transfer squid or butterfish at sea to another vessel unless
that other vessel has been issued a valid Loligo and butterfish or Illex
moratorium permit and are transferring the species for which the vessel
is permitted or a valid squid/butterfish incidental catch permit and a
letter of authorization by the Regional Administrator.
(7) Fail to comply with any measures implemented pursuant to
Sec. 648.21.
(8) Carry passengers for hire while fishing commercially under a
mackerel, squid, and butterfish fishery permit.
(9) Fail to carry on board a letter of authorization, if fishing in
an experimental fishery pursuant to Sec. 648.12.
(q) It is unlawful for the owner and operator of a party or charter
boat issued a mackerel, squid, and butterfish fishery permit (including
a moratorium permit), when the boat is carrying passengers for hire, to
do any of the following:
(1) Violate any recreational fishing measures established pursuant
to Sec. 648.21(d).
(2) Sell or transfer mackerel, squid, or butterfish to another
person for a commercial purpose.
(r) [Reserved]
(s) Any person possessing or landing per trip, scallops in excess of
40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) of in-shell scallops, at
or prior to the time when those scallops are received or possessed by a
dealer, is subject to all of the scallop prohibitions specified in this
section, unless the scallops were harvested by a vessel without a
scallop permit that fishes for scallops exclusively in state waters. Any
person, regardless of the quantity of scallops possessed or landed, is
subject to the prohibitions of paragraphs (a)(4) through (7), (10),
(11), (68), (69), (71), (72), (73), and (87) of this section.
(t) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraphs (a) through (h) of this
section, it is unlawful for any person owning or operating a vessel
issued a nonregulated multispecies permit to possess or land any
regulated species as defined in Sec. 648.2, or violate any applicable
provisions of Sec. 648.88, unless otherwise specified in Sec. 648.17.
(u) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is
unlawful for any person owning or operating a vessel issued a black sea
bass permit (including a moratorium permit) to do any of the following:
(1) Possess 1,000 lb (453.6 kg) or more of black sea bass, unless
the vessel meets the minimum mesh requirement specified in
Sec. 648.144(a).
(2) Possess black sea bass in other than a box specified in
Sec. 648.145(c) if fishing with nets having mesh that does not meet the
minimum mesh-size requirement specified in Sec. 648.144(a).
(3) Land black sea bass for sale in any state, or part thereof,
north or south of 35 deg.15.3' N. lat., after the effective date of the
notification published in the Federal Register stating that the
commercial quarterly quota has been harvested and the EEZ is closed to
the harvest of black sea bass.
(4) Fish with or possess nets or netting that do not meet the
minimum mesh requirement, or that are modified, obstructed or
constricted, if subject to the minimum mesh requirement specified in
Sec. 648.144, unless the nets or netting are stowed in accordance with
Sec. 648.23(b).
(5) Fish with or possess rollers used in roller rig or rock hopper
trawl gear that do not meet the requirements specified in
Sec. 648.144(a)(5).
(6) Fish with or possess pots or traps that do not meet the
requirements specified in Sec. 648.144(b).
(7) Sell or transfer to another person for a commercial purpose,
other than transport on land, any black sea bass, unless the transferee
has a valid black sea bass dealer permit.
(8) Carry passengers for hire, or carry more than three crew members
for a charter boat or five crew members for a party boat, while fishing
commercially pursuant to a black sea bass moratorium permit.
(9) Possess, retain or land black sea bass harvested in or from the
EEZ in
[[Page 244]]
excess of the commercial trip limit established pursuant to
Sec. 648.140.
(10) Land black sea bass for sale in any state south of North
Carolina.
(11) Possess black sea bass harvested in or from the EEZ north or
south of 35 deg.15.3' N. lat. after the effective date of the
notification published in the Federal Register stating that the
commercial quarterly quota has been harvested and the EEZ is closed to
the harvest of black sea bass.
(v) It is unlawful for the owner and operator of a party or charter
boat issued a black sea bass permit (including a moratorium permit),
when the boat is carrying passengers for hire or carrying more than
three crew members if a charter boat or more than five members if a
party boat, to:
(1) Possess black sea bass in excess of the possession limit
established pursuant to Sec. 648.145.
(2) Fish for black sea bass other than during a season specified
pursuant to Sec. 648.142.
(3) Sell black sea bass or transfer black sea bass to another person
for a commercial purpose.
(w) In addition to the general prohibitions specified in
Sec. 600.725 of this chapter, it is unlawful for any person to do any of
the following:
(1) Possess in or harvest from the EEZ Atlantic bluefish in excess
of the daily possession limit specified in Sec. 648.131, unless that
person has a permit meeting the requirements of Sec. 648.4(a)(8);
(2) Possess, have custody or control of, ship, receive, barter,
trade, transport, offer for sale, sell, purchase, import, or export any
bluefish taken, retained, or landed in violation of the Magnuson-Stevens
Act, or any regulation or permit issued under the Magnuson-Stevens Act;
(3) Fish under a permit meeting the requirements of Sec. 648.4(a)(8)
in violation of a notice of restriction published under Sec. 648.162;
(4) Fish in the EEZ under a permit meeting the requirements of
Sec. 648.4(a)(8) during a closure under Sec. 648.163; or
(5) Sell any Atlantic bluefish harvested from the EEZ unless that
person has a permit that meets the requirements of Sec. 648.4(a)(8).
(x) For purposes of this section, the following presumptions apply:
(1) Surf clams and ocean quahogs. (i) Possession of surf clams or
ocean quahogs on the deck of any fishing vessel in closed areas, or the
presence of any part of a vessel's gear in the water in closed areas, or
the presence of any part of a vessel's gear in the water more than 12
hours after an announcement closing the entire fishery becomes
effective, is prima facie evidence that such vessel was fishing in
violation of the provisions of the Magnuson Act and these regulations.
(ii) Surf clams or ocean quahogs landed from a trip for which
notification was provided under Sec. 648.15(b) or Sec. 648.70(b) are
deemed to have been harvested in the EEZ and count against the
individual's annual allocation unless the vessel has a valid Maine
mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i) and is not
fishing for an individual allocation under Sec. 648.70.
(iii) Surf clams or ocean quahogs found in cages without a valid
state tag are deemed to have been harvested in the EEZ and are deemed to
be part of an individual's allocation, unless the vessel has a valid
Maine mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i) and
is not fishing for an individual allocation under Sec. 648.70; or,
unless the preponderance of available evidence demonstrates that he/she
has surrendered his/her surf clam and ocean quahog permit issued under
Sec. 648.4 and he/she conducted fishing operations exclusively within
waters under the jurisdiction of any state. Surf clams and ocean quahogs
in cages with a Federal tag or tags, issued and still valid pursuant to
this section, affixed thereto are deemed to have been harvested by the
individual allocation holder to whom the tags were issued or transferred
under Sec. 648.(70) or Sec. 648.75(b).
(2) Scallops. Scallops that are possessed or landed at or prior to
the time when the scallops are received by a dealer, or scallops that
are possessed by a dealer, are deemed to be harvested from the EEZ,
unless the preponderance of all submitted evidence demonstrates that
such scallops were harvested by a vessel without a scallop permit and
fishing exclusively for scallops in state waters.
[[Page 245]]
(3) Summer flounder. All summer flounder possessed aboard a party or
charter boat issued a summer flounder permit are deemed to have been
harvested from the EEZ.
(4) NE multispecies. (i) Regulated species possessed for sale that
do not meet the minimum sizes specified in Sec. 648.83 for sale are
deemed to have been taken or imported in violation of these regulations,
unless the preponderance of all submitted evidence demonstrates that
such fish were harvested by a vessel not issued a permit under this part
and fishing exclusively within state waters, or by a vessel that fished
exclusively in the NAFO Regulatory Area. This presumption does not apply
to fish being sorted on deck.
(ii) Regulated species possessed for sale that do not meet the
minimum sizes specified in Sec. 648.83 for sale are deemed taken from
the EEZ or imported in violation of these regulations, unless the
preponderance of all submitted evidence demonstrates that such fish were
harvested by a vessel not issued a permit under this part and fishing
exclusively within state waters, or by a vessel that fished exclusively
in the NAFO Regulatory Area. This presumption does not apply to fish
being sorted on deck.
(5) Mackerel, squid, and butterfish. All mackerel and butterfish
possessed on board a party or charter boat issued a mackerel, squid, and
butterfish fishery permit are deemed to have been harvested from the
EEZ.
(6) Scup. All scup possessed on board a party or charter boat issued
a permit under Sec. 648.4 are deemed to have been harvested from the
EEZ.
(7) Black sea bass. All black sea bass possessed on board a party or
charter boat issued a permit under Sec. 648.4(a)(7)(ii) are deemed to
have been harvested from U.S. waters of the western Atlantic Ocean from
35 deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC, northward
to the U.S.-Canada border.
[61 FR 34968, July 3, 1996]
Editorial Note: For Federal Register citations affection
Sec. 648.14, see the List of CFR sections affected in the Finding Aids
section of this volume.
Effective Date Notes: 1. At 63 FR 15326, Mar. 31, 1998, Sec. 648.14
was amended by adding and reserving paragraphs (a)(104) through
(a)(109), and adding paragraphs (a)(110) and (a)(111), effective Apr. 3,
1998 through Sept. 27, 1998. At 63 FR 51862, Sept. 29, 1998, the
effective date was extended through Mar. 26, 1999. For the convenience
of the user, paragraph (a)(110) and (111) are set forth as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(110) Fish for, possess or retain sea scallops in or from the areas
described in Sec. 648.57
(111) Transit or be in the areas described in Sec. 648.57 was
scallop gear that is not properly stowed as required in Sec. 648.57.
* * * * *
Effective Date Notes: 2. At 63 FR 45940, Aug. 28, 1998, Sec. 648.14
was amended by adding paragraph (a)(97), effective Aug. 28, 1998,
through Feb. 28, 2000.
3. At 63 FR 52641, Oct. 1, 1998, Sec. 648.14 was amended by revising
paragraph (a)(8), effective Nov. 1, 1998. For the convenience of the
user, the superseded text is set forth as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(8) Assault, resist, oppose, impede, harass, intimidate, interfere
with or bar by command, impediment, threat, or coercion either a NMFS-
approved observer, sea sampler, or other NMFS-authorized employee aboard
a vessel or in a dealer/processor establishment, conducting his or her
duties aboard a vessel or in a dealer/processor establishment, or an
authorized officer conducting any search, inspection, investigation, or
seizure in connection with enforcement of this part.
* * * * *
Sec. 648.15 Facilitation of enforcement.
(a) General. See Sec. 600.504 of this chapter.
(b) Special notification requirements applicable to surf clam and
ocean quahog vessel owners and operators. (1) Vessel owners or operators
are required to call the NMFS Office of Law Enforcement nearest to the
point of offloading (contact the Regional Administrator for locations
and phone numbers) and accurately provide the following information
prior to the departure of their vessel from the dock to fish for surf
clams or ocean quahogs in the EEZ: Name of
[[Page 246]]
the vessel; NMFS permit number assigned to the vessel; expected date and
time of departure from port; whether the trip will be directed on surf
clams or ocean quahogs; expected date, time, and location of landing;
and name of the individual providing notice.
(2) Owners or operators that have given notification of a fishing
trip under this paragraph (b) who decide to cancel or postpone the trip
prior to departure must immediately provide notice of cancellation by
telephone to the Office of Law Enforcement to which the original
notification was provided. A separate notification shall be provided for
the next fishing trip. Owners or operators that discontinue a fishing
trip in the EEZ must immediately provide notice of discontinuance by
telephone to the Office of Law Enforcement to which the original
notification was provided. The owner or operator providing notice of
discontinuance shall advise of any changes in landing time or port of
landing. The owner or operator discontinuing a fishing trip in the EEZ
must return to port and offload any surf clams or ocean quahogs prior to
commencing fishing operations in the waters under the jurisdiction of
any state.
(3) The vessel permits, the vessel, its gear, and catch shall be
subject to inspection upon request by an authorized officer.
(4) Suspension of notification requirements. The Regional
Administrator may suspend notification requirements for vessels fishing
under a Maine mahogany quahog permit issued pursuant to
Sec. 648.4(a)(4)(i) if he determines that such notification is not
necessary to enforce effectively the management measures in the Maine
mahogany quahog zone. The Regional Administrator may rescind such
suspension if he concludes that the original determination is no longer
valid. A suspension or recision of suspension of the notification
requirements by the Regional Administrator shall be published in the
Federal Register.
(c) Radio hails. Permit holders, while underway, must be alert for
communication conveying enforcement instructions and immediately answer
via VHF-FM radio, channel 16 when hailed by an authorized officer.
Vessels not required to have VHF-FM radios by the Coast Guard are exempt
from this requirement.
[61 FR 34968, July 3, 1996, as amended at 62 FR 14648, Mar. 27, 1997; 63
FR 27485, May 19, 1998]
Sec. 648.16 Penalties.
See Sec. 600.735.
Sec. 648.17 Exemptions for vessels fishing in the NAFO Regulatory Area for Multispecies vessels.
A vessel issued a valid High Seas Fishing Compliance permit under 50
CFR part 300 is exempt from multispecies permit, mesh size, effort-
control, and possession limit restrictions, specified in Secs. 648.4,
648.80, 648.82 and Sec. 648.86, respectively, while transiting the EEZ
with multispecies on board the vessel, or landing multispecies in U.S.
ports that were caught while fishing in the NAFO Regulatory Area,
provided:
(a) The vessel operator has a letter of authorization issued by the
Regional Administrator on board the vessel;
(b) For the duration of the trip, the vessel fishes, except for
transiting purposes, exclusively in the NAFO Regulatory Area and does
not harvest fish in, or possess fish harvested in, or from, the EEZ;
(c) When transiting the EEZ, all gear is properly stowed in
accordance with one of the applicable methods specified in
Sec. 648.81(e); and
(d) The vessel operator complies with the High Seas Fishing
Compliance permit and all NAFO conservation and enforcement measures
while fishing in the NAFO Regulatory Area.
[63 FR 11595, Mar. 10, 1998]
Subpart B--Management Measures for the Atlantic Mackerel, Squid, and
Butterfish Fisheries
Sec. 648.20 Maximum optimum yield (OYs).
The OYs specified pursuant to Sec. 648.21 during a fishing year may
not exceed the following amounts:
(a) Mackerel--that quantity of mackerel that is less than or equal
to the allowable biological catch (ABC) in U.S. waters specified
pursuant to Sec. 648.21.
[[Page 247]]
(b) Loligo--the catch associated with a fishing mortality rate of
Fmax.
(c) Illex --the catch associated with a fishing mortality rate of
F20.
(d) Butterfish--the catch associated with a fishing mortality rate
of FMSY.
[61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997]
Sec. 648.21 Procedures for determining initial annual amounts.
(a) Initial recommended annual specifications. The Atlantic
Mackerel, Squid, and Butterfish Monitoring Committee (Monitoring
Committee) shall meet annually to develop and recommend the following
specifications for consideration by the Mackerel, Squid, and Butterfish
Committee of the MAFMC: (1) Initial OY (IOY), domestic annual harvest
(DAH), and domestic annual processing (DAP) for the squids; (2) IOY,
DAH, DAP, and bycatch level of the total allowable level of foreign
fishing (TALFF), if any, for butterfish; and (3) IOY, DAH, DAP, joint
venture processing (JVP), if any, and TALFF, if any, for mackerel. The
Monitoring Committee may also recommend that certain ratios of TALFF, if
any, for mackerel to purchases of domestic harvested fish and/or
domestic processed fish be established in relation to the initial annual
amounts.
(b) Guidelines. As the basis for its recommendations under paragraph
(a) of this section, the Monitoring Committee shall review available
data pertaining to: Commercial and recreational landings, discards,
current estimates of fishing mortality, stock status, the most recent
estimates of recruitment, virtual population analysis results, levels of
noncompliance by harvesters or individual states, impact of size/mesh
regulations, results of a survey of domestic processors and joint
venture operators of estimated mackerel processing capacity and intent
to use that capacity, results of a survey of fishermen's trade
associations of estimated mackerel harvesting capacity and intent to use
that capacity, and any other relevant information. The specifications
recommended pursuant to paragraph (a) of this section must be consistent
with the following:
(1) Squid. (i) The ABC for any fishing year must be either the
maximum OY specified in Sec. 648.20, or a lower amount, if stock
assessments indicate that the potential yield is less than the maximum
OY.
(ii) IOY is a modification of ABC based on social and economic
factors.
(2) Mackerel. (i) Mackerel ABC must be calculated from the formula
ABC = S - C - T, where C is the estimated catch of mackerel in Canadian
waters for the upcoming fishing year; S is the mackerel spawning stock
size at the beginning of the year for which quotas are specified; and T,
which must be equal to or greater than 900,000 mt (1,984,050,000 lb), is
the spawning stock size that must be maintained in the year following
the year for which quotas are specified.
(ii) IOY is a modification of ABC, based on social and economic
factors, and must be less than or equal to ABC.
(iii) IOY is composed of DAH and TALFF. DAH, DAP, and JVP must be
projected by reviewing data from sources specified in paragraph (a) of
this section and other relevant data, including past domestic landings,
projected amounts of mackerel necessary for domestic processing and for
joint ventures during the fishing year, projected recreational landings,
and other data pertinent for such a projection. The JVP component of DAH
is the portion of DAH that domestic processors either cannot or will not
use. In addition, IOY is based on the criteria set forth in the Magnuson
Act, specifically section 201(e), and on the following economic factors:
(A) Total world export potential by mackerel producing countries.
(B) Total world import demand by mackerel consuming countries.
(C) U.S. export potential based on expected U.S. harvests, expected
U.S. consumption, relative prices, exchange rates, and foreign trade
barriers.
(D) Increased/decreased revenues to the United States from foreign
fees.
(E) Increased/decreased revenues to U.S. harvesters (with/without
joint ventures).
(F) Increased/decreased revenues to U.S. processors and exporters.
(G) Increases/decreases in U.S. harvesting productivity due to
decreases/increases in foreign harvest.
[[Page 248]]
(H) Increases/decreases in U.S. processing productivity.
(I) Potential impact of increased/decreased TALFF on foreign
purchases of U.S. products and services and U.S.-caught fish, changes in
trade barriers, technology transfer, and other considerations.
(3) Butterfish. (i) If the Monitoring Committee's review indicates
that the stock cannot support a level of harvest equal to the maximum
OY, the Monitoring Committee shall recommend establishing an ABC less
than the maximum OY for the fishing year. This level represents the
modification of maximum OY to reflect biological and ecological factors.
If the stock is able to support a harvest level equivalent to the
maximum OY, the ABC must be set at that level.
(ii) IOY is a modification of ABC based on social and economic
factors. The IOY is composed of a DAH and bycatch TALFF that is equal to
0.08 percent of the allocated portion of the mackerel TALFF.
(c) Recommended measures. Based on the review of the data described
in paragraph (a) of this section, the Monitoring Committee will
recommend to the Squid, Mackerel, and Butterfish Committee the measures
it determines are necessary to assure that the specifications are not
exceeded from the following measures:
(1) Commercial quotas.
(2) The amount of Loligo and butterfish that may be retained,
possessed and landed by vessels issued the incidental catch permit
specified in Sec. 648.4(a)(5).
(3) Commercial minimum fish sizes.
(4) Commercial trip limits.
(5) Commercial seasonal quotas/closures for Loligo and Illex.
(6) Minimum mesh sizes.
(7) Commercial gear restrictions.
(8) Recreational harvest limit.
(9) Recreational minimum fish size.
(10) Recreational possession limits.
(11) Recreational season.
(d) Annual fishing measures. (1) The Squid, Mackerel, and Butterfish
Committee shall review the recommendations of the Monitoring Committee.
Based on these recommendations and any public comment received thereon,
the Squid, Mackerel, and Butterfish Committee shall recommend to the
MAFMC appropriate specifications and any measures necessary to assure
that the specifications will not be exceeded. The MAFMC shall review
these recommendations and based on the recommendations and any public
comment received thereon, the MAFMC shall recommend to the Regional
Administrator appropriate specifications and any measures necessary to
assure that the specifications will not be exceeded. The MAFMC's
recommendations must include supporting documentation, as appropriate,
concerning the environmental, economic, and social impacts of the
recommendations. The Regional Administrator shall review the
recommendations, and on or about November 1 of each year, shall publish
notification in the Federal Register proposing specifications and any
measures necessary to assure that the specifications will not be
exceeded and providing a 30-day public comment period. If the proposed
specifications differ from those recommended by the MAFMC, the reasons
for any differences shall be clearly stated and the revised
specifications must satisfy the criteria set forth in this section. The
MAFMC's recommendations shall be available for inspection at the office
of the Regional Administrator during the public comment period.
(2) On or about December 15 of each year, the Assistant
Administrator will make a final determination concerning the
specifications for each species and any measures necessary to assure
that the specifications will not be exceeded contained in the Federal
Register notification. After the Assistant Administrator considers all
relevant data and any public comments, notification of the final
specifications and any measures necessary to assure that the
specifications will not be exceeded and responses to the public comments
will be published in the Federal Register. If the final specification
amounts differ from those recommended by the MAFMC, the reason(s) for
the difference(s) must be clearly stated and the revised specifications
must be consistent with the criteria set forth in paragraph (b) of this
section.
(e) Inseason adjustments. The specifications established pursuant to
this
[[Page 249]]
section may be adjusted by the Regional Administrator, in consultation
with the MAFMC, during the fishing year by publishing notification in
the Federal Register stating the reasons for such an action and
providing a 30-day comment public comment period.
[61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997]
Sec. 648.22 Closure of the fishery.
(a) General. The Assistant Administrator shall close the directed
mackerel fishery in the EEZ when U.S. fishermen have harvested 80
percent of the DAH of that fishery if such closure is necessary to
prevent the DAH from being exceeded. The closure shall remain in effect
for the remainder of the fishing year, with incidental catches allowed
as specified in paragraph (c) of this section, until the entire DAH is
attained. When the Regional Administrator projects that DAH will be
attained for mackerel, the Assistant Administrator shall close the
mackerel fishery in the EEZ, and the incidental catches specified for
mackerel in paragraph (c) of this section will be prohibited. The
Assistant Administrator shall close the directed fishery in the EEZ for
Loligo, Illex, or butterfish when 95 percent of DAH has been harvested.
The closure of the directed fishery shall be in effect for the remainder
of the fishing year with incidental catches allowed as specified in
paragraph (c) of this section.
(b) Notification. Upon determining that a closure is necessary, the
Assistant Administrator will notify, in advance of the closure, the
Executive Directors of the MAFMC, NEFMC, and SAFMC; mail notification of
the closure to all holders of mackerel, squid, and butterfish fishery
permits at least 72 hours before the effective date of the closure;
provide adequate notice of the closure to recreational participants in
the fishery; and publish notification of closure in the Federal
Register.
(c) Incidental catches. During the closure of the directed fishery
for mackerel, the trip limit for mackerel is 10 percent by weight of the
total amount of fish on board. During a period of closure of the
directed fishery for Loligo, Illex, or butterfish, the trip limit for
Loligo and butterfish is 2,500 lb (1.13 mt) each, and the trip limit for
Illex is 5,000 lb (2.27 mt).
[61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997]
Sec. 648.23 Gear restrictions.
(a) Mesh restrictions and exemptions. Owners or operators of otter
trawl vessels possessing Loligo harvested in or from the EEZ may only
fish with nets having a minimum mesh size of 1\7/8\ inches (48 mm)
diamond mesh, inside stretch measure, applied throughout the codend for
at least 150 continuous meshes forward of the terminus of the net, or
for codends with less than 150 meshes, the minimum mesh size codend
shall be a minimum of one-third of the net measured from the terminus of
the codend to the head rope, unless they are fishing during the months
of June, July, August, and September for Illex seaward of the following
coordinates (copies of a map depicting this area are available from the
Regional Administrator upon request):
------------------------------------------------------------------------
Point N. Lat. W. Long.
------------------------------------------------------------------------
M1............................................ 43 deg.58.0 67 deg.22.0
' '
M2............................................ 43 deg.50.0 68 deg.35.0
' '
M3............................................ 43 deg.30.0 69 deg.40.0
' '
M4............................................ 43 deg.20.0 70 deg.00.0
' '
M5............................................ 42 deg.45.0 70 deg.10.0
' '
M6............................................ 42 deg.13.0 69 deg.55.0
' '
M7............................................ 41 deg.00.0 69 deg.00.0
' '
M8............................................ 41 deg.45.0 68 deg.15.0
' '
M9............................................ 42 deg.10.0 67 deg.10.0
' '
M10........................................... 41 deg.18.6 66 deg.24.8
' '
M11........................................... 40 deg.55.5 66 deg.38.0
' '
M12........................................... 40 deg.45.5 68 deg.00.0
' '
M13........................................... 40 deg.37.0 68 deg.00.0
' '
M14........................................... 40 deg.30.0 69 deg.00.0
' '
M15........................................... 40 deg.22.7 69 deg.00.0
' '
M16........................................... 40 deg.18.7 69 deg.40.0
' '
M17........................................... 40 deg.21.0 71 deg.03.0
' '
M18........................................... 39 deg.41.0 72 deg.32.0
' '
M19........................................... 38 deg.47.0 73 deg.11.0
' '
M20........................................... 38 deg.04.0 74 deg.06.0
' '
M21........................................... 37 deg.08.0 74 deg.46.0
' '
M22........................................... 36 deg.00.0 74 deg.52.0
' '
M23........................................... 35 deg.45.0 74 deg.53.0
' '
M24........................................... 35 deg.28.0 74 deg.52.0
' '
------------------------------------------------------------------------
Vessels fishing under this exemption may not have available for
immediate use, as defined in paragraph (b) of this section, any net, or
any piece of net, with a mesh size less than 1\7/8\ inches (48 mm)
diamond mesh or any net, or any piece of net, with mesh that is rigged
in a manner that is inconsistent with such minimum mesh size, when the
vessel is landward of the specified coordinates.
[[Page 250]]
(b) Definition of ``not available for immediate use.'' A net that
can be shown not to have been in recent use and that is stowed in
conformance with one of the following methods is considered to be not
available for immediate use:
(1) Below deck stowage. (i) It is stored below the main working deck
from which it is deployed and retrieved;
(ii) The towing wires, including the leg wires, are detached from
the net; and
(iii) It is fan-folded (flaked) and bound around its circumference.
(2) On-deck stowage. (i) It is fan-folded (flaked) and bound around
its circumference;
(ii) It is securely fastened to the deck or rail of the vessel; and
(iii) The towing wires, including the leg wires, are detached from
the net.
(3) On-reel stowage. (i) It is on a reel and its entire surface is
covered with canvas or other similar material that is securely bound;
(ii) The towing wires are detached from the net; and
(iii) The codend is removed and stored below deck.
(4) Other methods of stowage. Any other method of stowage authorized
in writing by the Regional Administrator and subsequently published in
the Federal Register.
(c) Mesh obstruction or constriction. The owner or operator of a
fishing vessel shall not use any combination of mesh or liners that
effectively decreases the mesh size below the minimum mesh size, except
that a liner may be used to close the opening created by the rings in
the rearmost portion of the net, provided the liner extends no more than
10 meshes forward of the rearmost portion of the net.
(d) Net obstruction or constriction. The owner or operator of a
fishing vessel shall not use any device, gear, or material, including,
but not limited to, nets, net strengtheners, ropes, lines, or chafing
gear, on the top of the regulated portion of a trawl net that results in
an effective mesh opening of less than 1\7/8\ inches (48 mm) diamond
mesh, inside stretch measure. Net strengtheners (covers), splitting
straps and/or bull ropes or wire may be used, provided they do not
constrict the top of the regulated portion of the net to less than an
effective mesh opening of 1\7/8\ inches (48 mm), diamond mesh, inside
stretch measure. Net strengtheners (covers) may not have an effective
mesh opening of less than 4.5 inches (11.43 cm), diamond mesh, inside
stretch measure. ``Top of the regulated portion of the net'' means the
50 percent of the entire regulated portion of the net that (in a
hypothetical situation) would not be in contact with the ocean bottom
during a tow if the regulated portion of the net were laid flat on the
ocean floor. For the purpose of this paragraph (d), head ropes are not
to be considered part of the top of the regulated portion of a trawl
net.
[61 FR 34968, July 3, 1996, as amended at 62 FR 14648, Mar. 27, 1997; 63
FR 1774, Jan. 12, 1998]
Subpart C--Management Measures for Atlantic Salmon
Sec. 648.40 Prohibition on possession.
(a) Incidental catch. All Atlantic salmon caught incidental to a
directed fishery for other species in the EEZ must be released in such a
manner as to insure maximum probability of survival.
(b) Presumption. The possession of Atlantic salmon is prima facie
evidence that such Atlantic salmon were taken in violation of this
regulation. Evidence that such fish were harvested in state waters, or
from foreign waters, or from aquaculture enterprises, will be sufficient
to rebut the presumption. This presumption does not apply to fish being
sorted on deck.