[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 1996 Edition]
[From the U.S. Government Printing Office]
50
Wildlife and Fisheries
[[Page i]]
PART 600 TO END
Revised as of October 1, 1996
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF OCTOBER 1, 1996
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 : 1996
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.......... 477
Table of CFR Titles and Chapters.......................... 479
Alphabetical List of Agencies Appearing in the CFR........ 495
List of CFR Sections Affected............................. 505
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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
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, October 1, 1996), consult the ``List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
the period beginning January 1, 1986, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call (202) 523-4534.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
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A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-523-5227
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, Washington, DC 20408.
SALES
The Government Printing Office (GPO) processes all sales and
distribution of the CFR. For payment by credit card, call 202-512-1800,
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours
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Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO
Customer Service call 202-512-1803.
Richard L. Claypoole,
Director,
Office of the Federal Register.
October 1, 1996.
[[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, 1996.
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, Carol Conroy was Chief Editor. The Code of Federal
Regulations publication program is under the direction of Frances D.
McDonald, assisted by Alomha S. Morris.
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[[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.
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CHAPTER VI--FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
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Part Page
600 Magnuson Act provisions..................... 5
622 Fisheries of the Caribbean, Gulf, and South
Atlantic................................ 67
628 Atlantic bluefish fishery................... 126
630 Atlantic swordfish fishery.................. 129
640 Spiny lobster fishery of the Gulf of Mexico
and South Atlantic...................... 144
644 Atlantic billfishes......................... 153
648 Fisheries of the Northeastern United States. 157
649 American lobster fishery.................... 236
654 Stone crab fishery of the Gulf of Mexico.... 258
660 Fisheries off West coast and Western Pacific
states.................................. 266
662 Northern anchovy fishery.................... 331
674 High seas salmon fishery off Alaska......... 336
678 Atlantic sharks............................. 341
679 Fisheries of the Exclusive Economic Zone off
Alaska.................................. 350
697 Atlantic coastal fisheries cooperative
management.............................. 473
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PART 600--MAGNUSON 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.
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.
Authority: 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 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
Act, prescribes procedures for the conduct of preemption hearings under
section
[[Page 6]]
306(b) of the Magnuson Act, and collects the general provisions common
to all domestic fisheries governed by this chapter.
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 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.
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 Act or
any other statute administered by NOAA; or
(4) Any USCG personnel accompanying and acting under the direction
of any person described in paragraph (1) of this definition.
Authorized species means any species or species group that a foreign
vessel is authorized to retain in a joint venture by a permit issued
under Activity Code 4 as described by Sec. 600.501(c).
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(4) of the Magnuson Act.
Council means one of the eight Regional Fishery Management Councils
established by the Magnuson 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 Fisheries Conservation
and
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Management, 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.
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 Director 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 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.
[[Page 8]]
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 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 conducting
associated support activities.)
Magnuson Act means the Magnuson Fishery Conservation and Management
Act, as amended (16 U.S.C. 1801 et seq.), also known as MFCMA.
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:
(1) That will provide the greatest overall benefit to the United
States, with particular reference to food production and recreational
opportunities; and
(2) That is prescribed as such on the basis of the maximum
sustainable yield from such fishery, as modified by any relevant
economic, social, or ecological factor.
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
[[Page 9]]
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 Director (RD) means the Director of one of the five NMFS
Regions described in Table 1 of Sec. 600.502, or a designee.
Regional Program Officer means the NMFS official designated in the
terms and conditions of the grant award responsible for monitoring,
recommending, and reviewing any technical aspects of the application for
Federal assistance and the award.
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 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.
[[Page 10]]
(2) The experimental design of the project, including a description
of the methods to be used, the type and class of any vessel(s) to be
used, and a description of sampling equipment.
(3) The geographical area(s) in which the project is to be
conducted.
(4) The expected date of first appearance and final departure of the
research vessel(s) to be employed, and deployment and removal of
equipment, as appropriate.
(5) The expected quantity and species of fish to be taken and their
intended disposition, and, if significant amounts of a managed species
or species otherwise restricted by size or sex are needed, an
explanation of such need.
(6) The name, address, and telephone/telex/fax number of the
sponsoring organization and its director.
(7) The name, address, and telephone/telex/fax number, and
curriculum vitae of the person in charge of the project and, where
different, the person in charge of the research project on board the
vessel.
(8) The identity of any vessel(s) to be used including, but not
limited to, the vessel's name, official documentation number and IRCS,
home port, and name, address, and telephone number of the owner and
master.
Scientific research vessel means a vessel owned or chartered by, and
controlled by, a foreign government agency, U.S. Government agency
(including NOAA or institutions designated as federally funded research
and development centers), U.S. state or territorial agency, university
(or other educational institution accredited by a recognized national or
international accreditation body), international treaty organization, or
scientific institution. In order for a vessel that is owned or chartered
and controlled by a foreign government to meet this definition, the
vessel must have scientific research as its exclusive mission during the
scientific cruise in question and the vessel operations must be
conducted in accordance with a scientific research plan.
Scouting means any operation by a vessel exploring (on the behalf of
an FFV or U.S. fishing vessel) for the presence of fish by visual,
acoustic, or other means that do not involve the catching of fish.
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 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
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
[[Page 11]]
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 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.
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.
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) MFCMA--Magnuson Fishery Conservation and Management Act
(8) MMPA--Marine Mammal Protection Act
(9) MPRSA--Marine Protection, Research, and Sanctuaries Act
(10) NEPA--National Environmental Policy Act
(11) PA--Privacy Act
(12) PRA--Paperwork Reduction Act
(13) 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
[[Page 12]]
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 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 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 Act, and 83 deg.00' W.
long., proceeds northward along that meridian to 24 deg.35' N. lat.,
(near the Dry Tortugas Islands), thence eastward along that parallel,
through Rebecca Shoal and the Quicksand Shoal, to the Marquesas Keys,
and then through the Florida Keys to the mainland at the eastern end of
Florida Bay, the line so running that the narrow waters within the Dry
Tortugas Islands, the Marquesas Keys and the Florida Keys, and between
the Florida Keys and the mainland, are within the Gulf of Mexico.
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 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 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.
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.
[[Page 13]]
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):
(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 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 Director 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 Act, must be full time state
employees involved in the development of fisheries management policies
for that state.
Sec. 600.210 Terms of Council members.
(a) Voting members (other than principal state officials, the
Regional Directors, or their designees) are appointed for a term of 3
years and, except as discussed below, 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.
Sec. 600.215 Appointments.
The following procedures govern the nomination and appointment of
Council members.
(a) 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.
[[Page 14]]
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).
(b) A Governor must submit the names of at least three qualified
nominees for each applicable vacancy.
(c) Governors are responsible for ensuring that persons nominated
for appointment meet the qualification requirements of the Magnuson Act.
A Governor must provide a statement explaining how each of his or her
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:
(1) Commercial fishing or the processing or marketing of fish, fish
products, or fishing equipment;
(2) Fishing for pleasure, relaxation, or consumption, or experience
in any business supporting fishing;
(3) Leadership in a state, regional, or national organization whose
members participate in a fishery in the Council's area of authority;
(4) 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;
(5) 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
(6) Teaching, journalism, writing, consulting, legal practice, or
researching matters related to fisheries, fishery management, and marine
resource conservation.
(d) 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 Fisheries Conservation and Management.
(e) 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.
(f) There are two categories of seats to which voting members are
appointed: ``obligatory'' and ``at-large.''
(1) 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.
[[Page 15]]
(2) 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, pays income taxes to that state and/or to another
appropriate jurisdiction within that state.
(g) 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.
(1) 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.
(2) 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.
(3) 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.
(4) 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).
(5) Governors may nominate residents of another constituent state of
a Council for appointment to an at-large seat on that Council.
(6) 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.
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
[[Page 16]]
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 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 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.
Sec. 600.230 Removal.
The Secretary may remove for cause any Secretarially appointed
member of a Council in accordance with section 302(b)(5) of the Magnuson
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.
Sec. 600.235 Financial disclosure.
(a) The Magnuson 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
[[Page 17]]
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 Director 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 Fisheries Conservation and
Management, 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.
Sec. 600.240 Security assurances.
(a) DOC/OS will issue security assurances to Council nominees and
members following completion of background checks. Security assurances
will be valid for 5 years from the date of issuance. A security
assurance will not entitle the member to access classified data. In
instances in which Council members may need to discuss, at closed
meetings, materials classified for national security purposes, the
agency or individual (e.g., DOS, USCG) providing such classified
information will be responsible for ensuring that Council members and
other attendees have the appropriate security clearances.
(b) Each nominee to a Council is required to complete a
Certification of Status form (``form''). All nominees must certify,
pursuant to the Foreign Agents Registration Act of 1938, whether they
serve as an agent of a foreign principal. Each nominee must certify,
date, sign, and return the form with his or her completed nomination
kit. Nominees will not be considered for appointment to a Council if
they have not filed this form. Any nominee who currently is an agent of
a foreign principal will not be eligible for appointment to a Council,
and therefore should not be nominated by a Governor for appointment.
Sec. 600.245 Council member compensation.
(a) The obligatory and at-large voting members of each Council
appointed under section 302(b)(1)(C) of the Magnuson 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
[[Page 18]]
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.
Subpart D--National Standards
Sec. 600.305 General.
(a) Purpose. (1) This subpart establishes guidelines, based on the
national standards, to assist in the development and review of FMPs,
amendments, and regulations prepared by the Councils and the Secretary.
(2) In developing FMPs, the Councils have the initial authority to
ascertain factual circumstances, to establish management objectives, and
to propose management measures that will achieve the objectives. The
Secretary will determine whether the proposed management objectives and
measures are consistent with the national standards, other provisions of
the Magnuson Act, and other applicable law. The Secretary has an
obligation under section 301(b) of the Magnuson 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 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
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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
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 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) Determine is used when referring to OY.
(12) Adjust is used when establishing a deviation from MSY for
biological reasons, such as in establishing ABC, TAC, or EY.
(13) Modify is used when the deviation from MSY is for the purpose
of determining OY, in accord with relevant economic, social, or
ecological factors.
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 Act's multiple purposes and policies, for
implementing an FMP's objectives, and for balancing the various
interests that comprise the national welfare. OY is based on MSY, or on
MSY as it may be adjusted under paragraph (d)(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) Overfishing. (1) Overfishing is a level or rate of fishing
mortality that jeopardizes the long-term capacity of a stock or stock
complex to produce MSY on a continuing basis. Each FMP must specify, to
the maximum extent possible, an objective and measurable definition of
overfishing for each stock or stock complex covered by that FMP, and
provide an analysis of how the definition was determined and how it
relates to reproductive potential.
(2) The definition of overfishing for a stock or stock complex may
be developed or expressed in terms of a minimum level of spawning
biomass (``threshold''); maximum level or rate of fishing mortality; or
formula, model, or other measurable standard designed to ensure the
maintenance of the stock's productive capacity. Overfishing must be
defined in a way to enable the Council and the Secretary to monitor and
evaluate the condition of the stock or stock complex relative to the
definition.
(3) Different fishing patterns can produce a variety of effects on
local and areawide abundance, availability, size, and age composition of
a stock. Some of these fishing patterns have been called ``growth,''
``localized,'' or ``pulse'' overfishing; however, these patterns are not
necessarily overfishing under the national standard 1 definition, which
focuses on recruitment and long-term reproductive capacity. (Also see
paragraph (c)(6)(v)).
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(4) Overfishing definitions must be based on the best scientific
information available. Councils must build into the definition
appropriate consideration of risk, taking into account uncertainties in
estimating domestic harvest, stock conditions, or the effects of
environmental factors (also see Sec. 600.335). In cases where scientific
data are severely limited, the Councils' informed judgment must be used,
and effort should be directed to identifying and gathering the needed
data.
(5) Secretarial approval or disapproval of the overfishing
definition will be based on consideration of whether the proposal:
(i) Has sufficient scientific merit.
(ii) Is likely to result in effective Council action to prevent the
stock from closely approaching or reaching an overfished status.
(iii) Provides a basis for objective measurement of the status of
the stock against the definition.
(iv) Is operationally feasible.
(6) In addition to a specific definition of overfishing for each
stock or stock complex, an FMP must contain management measures
necessary to prevent overfishing.
(i) If overfishing is defined in terms of a threshold biomass level,
the Council must ensure that fishing effort does not cause spawning
biomass to fall and remain below that threshold.
(ii) If overfishing is defined in terms of a maximum fishing
mortality rate, the Council must ensure that fishing effort on that
stock does not cause the maximum rate to be exceeded.
(iii) If data indicate that an overfished condition exists, a
program must be established for rebuilding the stock over a period of
time specified by the Council and acceptable to the Secretary.
(iv) If data indicate that a stock or stock complex is approaching
an overfished condition, the Council should identify actions or
combination of actions to be undertaken in response.
(v) Depending on the objectives of a particular FMP and the specific
definition of overfishing established for the stock or stock complex
under management, a Council may recommend measures to prevent or permit
pulse, localized, or growth overfishing.
(7) Significant adverse alterations in environment/habitat
conditions increase the possibility that fishing effort will contribute
to a stock collapse. Care should be taken to identify the cause of any
downward trends in spawning stock sizes or average annual recruitment.
(i) Whether these trends are caused by environmental changes or by
fishing effort, the only direct control provided by the Magnuson Act is
to reduce fishing mortality.
(ii) Unless the Council asserts, as supported by appropriate
evidence, that reduced fishing effort would not alleviate the problem,
the FMP must include measures to reduce fishing mortality, regardless of
the cause of the low population level.
(iii) If manmade environmental changes are contributing to the
downward trends, in addition to controlling effort, Councils should
recommend restoration of habitat and other ameliorative programs, to the
extent possible, and consider whether to take action under section
302(i) of the Magnuson Act.
(8) There are certain limited exceptions to the requirement to
prevent overfishing. Harvesting the major component of a mixed fishery
at its optimum level may result in the overfishing of a minor (smaller
or less valuable) stock component in the fishery. A Council may decide
to permit this type of overfishing if it is demonstrated by analysis
(paragraph (f)(5) of this section) that it will result in net benefits
to the Nation, and if the Council's action will not cause any stock to
require protection under the ESA.
(9) All FMPs should contain a definition of overfishing for the
stock or stock complex managed under the affected FMP.
(d) MSY. (1) MSY is the largest average annual catch or yield that
can be taken over a significant period of time from each stock under
prevailing ecological and environmental conditions.
(2) MSY may be presented as a range of values. One MSY may be
specified for a related group of species in a mixed-species fishery.
Since MSY is a long-term average, it need not be specified annually, but
must be based on the best scientific information available.
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(3) MSY may be only the starting point in providing a realistic
biological description of allowable fishery removals. MSY may need to be
adjusted because of environmental factors, stock peculiarities, or other
biological variables, prior to the determination of OY. An example of
such an adjustment is determination of ABC.
(e) ABC. (1) ABC is a preliminary description of the acceptable
harvest (or range of harvests) for a given stock or stock complex. Its
derivation focuses on the status and dynamics of the stock,
environmental conditions, other ecological factors, and prevailing
technological characteristics of the fishery.
(2) When ABC is used, its specification constitutes the first step
in deriving OY from MSY. Unless the best scientific information
available indicates otherwise (see Sec. 600.315, ABC should be no higher
than the product of the stock's natural mortality rate and the biomass
of the exploitable stock. If a threshold has been specified for the
stock, ABC must equal zero when the stock is at or below that threshold
(also see paragraph (c)(2) of this section). ABC may be expressed in
numeric or nonnumeric terms.
(f) OY--(1) Definition. 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, with particular reference to
food production and recreational opportunities; and that is prescribed
as such on the basis of the MSY from each fishery, as modified by any
relevant economic, social, or ecological factors (section 3(21)(b) of
the Magnuson Act).
(2) Values in determination. In determining the greatest benefit to
the Nation, two values that should be weighed are food production and
recreational opportunities (section 3(21)(a) of the Magnuson Act). They
should receive serious attention as measures of benefit when considering
the economic, ecological, or social factors used in modifying MSY to
obtain OY.
(i) Food production encompasses the goals of providing seafood to
consumers, maintaining an economically viable fishery, and utilizing the
capacity of U.S. fishery resources to meet nutritional needs.
(ii) Recreational opportunities includes recognition of the
importance of the quality of the recreational fishing experience, and of
the contribution of recreational fishing to the national, regional, and
local economies and food supplies.
(3) Factors relevant to OY. The Magnuson Act's definition of OY
identifies three categories of factors to be used in modifying MSY to
arrive at OY: Economic, social, and ecological (section 3(21)(b) of the
Magnuson Act). 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 modifications to
MSY.
(i) Economic factors. Examples are promotion of domestic fishing,
development of unutilized or underutilized fisheries, satisfaction of
consumer and recreational needs, and encouragement of domestic and
export markets for U.S.-harvested fish. Some other factors that may be
considered are the value of fisheries, the level of capitalization,
operating costs of vessels, alternate employment opportunities, and
economies of coastal areas.
(ii) 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. Among other factors that
may be considered are the cultural place of subsistence fishing,
obligations under Indian treaties, and worldwide nutritional needs.
(iii) Ecological factors. Examples are the vulnerability of
incidental or unregulated species in a mixed-species fishery, predator-
prey or competitive interactions, and dependence of marine mammals and
birds or endangered species on a stock of fish. Equally important are
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
need not be expressed in terms of numbers or weight of fish. The
economic, social, or ecological modifications to MSY may
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be expressed by describing fish having common characteristics, the
harvest of which provides the greatest overall benefit to the Nation.
For instance, OY may be expressed as a formula that converts periodic
stock assessments into quotas or guideline harvest levels for
recreational, commercial, and other fishing. OY may be defined in terms
of an annual harvest of fish or shellfish having a minimum weight,
length, or other measurement. OY may also be expressed as an amount of
fish taken only in certain areas, or in certain seasons, or with
particular gear, or by a specified amount of fishing effort. In the case
of a mixed-species fishery, the incidental-species OY may be a function
of the directed catch, or absorbed into an OY for related species.
(ii) If a numerical OY is chosen, a range or average may be
specified.
(iii) In a fishery where there is a significant discard component,
the OY may either include or exclude discards, consistent with the other
yield determinations.
(iv) The OY specification can be converted into an annual numerical
estimate to establish any TALFF and to analyze impacts of the management
regime. There should be a mechanism in an 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.
However, even where sufficient scientific data as to the biological
characteristics of the stock do not exist, or 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
make this concept of limited value, the OY should be based on the best
scientific information available.
(5) Analysis. An FMP must contain an analysis of how its OY
specification was determined (section 303(a)(3) of the Magnuson Act). It
should relate the explanation of overfishing in paragraph (c) 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. If overfishing is permitted under paragraph
(c)(8) of this section, the analysis must contain a justification in
terms of overall benefits and an assessment of the risk of the species
or stock component reaching a threatened or endangered status. A Council
must identify those economic, social, and ecological factors relevant to
management of a particular fishery, then evaluate them to arrive at the
modification (if any) of MSY. 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.
(g) OY as a target. (1) The specification of OY in an FMP is not
automatically a quota or ceiling, although quotas may be derived from
the OY, where appropriate. OY is a target or goal; an FMP must contain
conservation and management measures, and provisions for information
collection, that are designed to achieve OY. These measures should allow
for practical and effective implementation and enforcement of the
management regime, so that the harvest is allowed to reach, 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.
(2) Exceeding OY does not necessarily constitute overfishing,
although they might coincide. Even if no overfishing resulted, continual
harvest at a level above a fixed-value OY would violate National
Standard 1, because OY was exceeded (not achieved) on a continuing
basis.
(3) Part of the OY may be held as a reserve to allow for
uncertainties in estimates of stock size and of DAH or to solve
operational problems in achieving (but not exceeding) OY. 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.
(h) OY and foreign fishing. Section 201(d) of the Magnuson Act
provides that fishing by foreign nations is limited to that portion of
the OY that will
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not be harvested by vessels of the United States.
(1) 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.
(2) DAP. Each FMP must identify the capacity of U.S. processors. It
must also identify the amount of DAP, which is the sum of two estimates:
(i) The amount of U.S. harvest that domestic processors will
process. This estimate may be based on historical performance and on
surveys of the expressed intention of manufacturers to process,
supported by evidence of contracts, plant expansion, or other relevant
information.
(ii) The 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.
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 and the
fishery.
(3) The information submitted by various data suppliers about the
stocks(s) throughout its range or about the fishery 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 the most recent
biological condition of species in the FMU, and the social and economic
condition of the recreational and commercial fishing interests 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.
(i) The Secretary has the responsibility to assure that a SAFE
report or
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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 and fishery over time, and
assessing the relative success of existing state and Federal fishery
management programs. 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 information on which to assess
the social and economic condition of the persons and businesses that
rely on the use of fish resources, including fish processing industries.
(4) 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.
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 Act.
(d) Management unit. The term ``management unit'' means a fishery or
that portion of a fishery identified in an FMP as relevant to the FMP's
management objectives.
(1) Basis. The choice of a management unit depends on the focus of
the FMP's objectives, and may be organized around biological,
geographic, economic, technical, social, or ecological perspectives. For
example:
(i) Biological--could be based on a stock(s) throughout its range.
(ii) Geographic--could be an area.
(iii) Economic--could be based on a fishery supplying specific
product forms.
(iv) Technical--could be based on a fishery utilizing a specific
gear type or similar fishing practices.
(v) Social--could be based on fishermen as the unifying element,
such as when the fishermen pursue different species in a regular pattern
throughout the year.
(vi) Ecological--could be based on species that are associated in
the ecosystem or are dependent on a particular habitat.
(2) Conservation and management measures. FMPs should include
conservation and management measures for that part of the management
unit within U.S. waters, although the Secretary can ordinarily implement
them only within the EEZ. The measures need not be identical for each
geographic area within the management unit, if the FMP justifies the
differences. A management unit may contain, in addition to regulated
species, stocks of fish for which there is not enough information
available to specify MSY and OY or to establish management measures, so
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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.
Sec. 600.325 National Standard 4--Allocations.
(a) Standard 4. Conservation and management measures shall not
discriminate between residents of different states. If it becomes
necessary to allocate or assign fishing privileges among various U.S.
fishermen, such allocation shall be:
(1) Fair and equitable to all such fishermen.
(2) Reasonably calculated to promote conservation.
(3) Carried out in such manner that no particular individual,
corporation, or other entity acquires an excessive share of such
privileges.
(b) Discrimination among residents of different states. An FMP may
not differentiate among U.S. citizens, nationals, resident aliens, or
corporations on the basis of their state of residence. An FMP may not
incorporate or rely on a state statute or regulation that discriminates
against residents of another state. Conservation and management measures
that have different effects on persons in various geographic locations
are permissible if they satisfy the other guidelines under Standard 4.
Examples of these precepts are:
(1) An FMP that restricted fishing in the EEZ to those holding a
permit from state X would violate Standard 4 if state X issued permits
only to its own citizens.
(2) An FMP that closed a spawning ground might disadvantage
fishermen living in the state closest to it, because they would have to
travel farther to an open area, but the closure could be justified under
Standard 4 as a conservation measure with no discriminatory intent.
(c) Allocation of fishing privileges. An FMP may contain management
measures that allocate fishing privileges if such measures are necessary
or helpful in furthering legitimate objectives or in achieving the OY,
and if the measures conform with paragraphs (c)(3)(i) through
(c)(3)(iii) of this section.
(1) Definition. An ``allocation'' or ``assignment'' of fishing
privileges is a direct and deliberate distribution of the opportunity to
participate in a fishery among identifiable, discrete user groups or
individuals. Any management measure (or lack of management) has
incidental allocative effects, but only those measures that result in
direct distributions of fishing privileges will be judged against the
allocation requirements of Standard 4. Adoption of an FMP that merely
perpetuates existing fishing practices may result in
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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 Act. An allocation scheme may
promote conservation by encouraging a rational, more easily managed use
of the resource. Or, it may promote conservation (in the sense of wise
use) by optimizing the yield, in terms of size, value, market mix,
price, or economic or social benefit of the product.
(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.
Sec. 600.330 National Standard 5--Efficiency.
(a) Standard 5. Conservation and management measures shall, where
practicable, promote efficiency in the utilization of fishery resources;
except
[[Page 27]]
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, and marketing,
since management decisions affect all three sectors of the industry. The
goal of promoting efficient utilization of fishery resources may
conflict with other legitimate social or biological objectives of
fishery management. In encouraging 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 Act, is a type of
allocation of fishing privileges that may be used to promote economic
efficiency or conservation. For example, limited access may be used to
combat overfishing, overcrowding, or overcapitalization in a fishery to
achieve OY. In an unutilized or underutilized fishery, it may be used to
reduce the chance that these conditions will adversely affect the
fishery in the future, or to provide adequate economic return to
pioneers in a new fishery. In some cases, limited entry is a useful
ingredient of a conservation scheme, because it facilitates application
and enforcement of other management measures.
(1) Definition. Limited access (or limited entry) is a management
technique that attempts to limit units of effort in a fishery, usually
for the purpose of reducing economic waste, improving net economic
return to the fishermen, or capturing economic rent for the benefit of
the taxpayer or the consumer. Common forms of limited access are
licensing of vessels, gear, or fishermen to reduce the number of units
of effort, and dividing the total allowable catch into fishermen's
quotas (a stock-certificate system). Two forms (i.e., Federal fees for
licenses or permits in excess of administrative costs, and taxation) are
not permitted under the Magnuson Act.
(2) Factors to consider. The Magnuson 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 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 Act's
limitation on returning economic rent to the public under section
304(d)(1). The FMP should also discuss the costs of achieving an
appropriate distribution of fishing privileges.
[[Page 28]]
(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.
Sec. 600.335 National Standard 6--Variations and Contingencies.
(a) Standard 6. Conservation and management measures shall take into
account and allow for variations among, and contingencies in, fisheries,
fishery resources, and catches.
(b) Conservation and management. Each fishery exhibits unique
uncertainties. The phrase ``conservation and management'' implies the
wise use of fishery resources through a management regime that includes
some protection against these uncertainties. The particular regime
chosen must be flexible enough to allow timely response to resource,
industry, and other national and regional needs. Continual data
acquisition and analysis will help the development of management
measures to compensate for variations and to reduce the need for
substantial buffers. Flexibility in the management regime and the
regulatory process will aid in responding to contingencies.
(c) Variations. (1) In fishery management terms, variations arise
from biological, social, and economic occurrences, as well as from
fishing practices. Biological uncertainties and lack of knowledge can
hamper attempts to estimate stock size and strength, stock location in
time and space, environmental/habitat changes, and ecological
interactions. Economic uncertainty may involve changes in foreign or
domestic market conditions, changes in operating costs, drifts toward
overcapitalization, and economic perturbations caused by changed fishing
patterns. Changes in fishing practices, such as the introduction of new
gear, rapid increases or decreases in harvest effort, new fishing
strategies, and the effects of new management techniques, may also
create uncertainties. Social changes could involve increases or
decreases in recreational fishing, or the movement of people into or out
of fishing activities due to such factors as age or educational
opportunities.
(2) Every effort should be made to develop FMPs that discuss and
take into account these vicissitudes. To the extent practicable, FMPs
should provide a suitable buffer in favor of conservation. Allowances
for uncertainties should be factored into the various elements of an
FMP. Examples are:
(i) Reduce OY. Lack of scientific knowledge about the condition of a
stock(s) could be reason to reduce OY.
(ii) Establish a reserve. Creation of a reserve may compensate for
uncertainties in estimating domestic harvest, stock conditions, or
environmental factors.
(iii) Adjust management techniques. In the absence of adequate data
to predict the effect of a new regime, and to avoid creating unwanted
variations, a Council could guard against producing drastic changes in
fishing patterns, allocations, or practices.
(iv) Highlight habitat conditions. FMPs may address the impact of
pollution and the effects of wetland and estuarine degradation on the
stocks of fish; identify causes of pollution and habitat degradation and
the authorities having jurisdiction to regulate or influence
[[Page 29]]
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 Act does not require Councils to prepare FMPs for each and
every fishery--only for those where regulation would serve some useful
purpose and where the present or future benefits of regulation would
justify the costs. For example, the need to collect data about a fishery
is not, by itself, adequate justification for preparation of an FMP,
since there are less costly ways to gather the data (see
Sec. 600.320(d)(2). In some cases, the FMP preparation process itself,
even if it does not culminate in a document approved by the Secretary,
can be useful in supplying a basis for management by one or more coastal
states.
(2) Criteria. In deciding whether a fishery needs management through
regulations implementing an FMP, the following general factors should be
considered, among others:
(i) The importance of the fishery to the Nation and to the regional
economy.
(ii) The condition of the stock or stocks of fish and whether an FMP
can improve or maintain that condition.
(iii) The extent to which the fishery could be or is already
adequately managed by states, by state/Federal programs, by Federal
regulations pursuant to FMPs or international commissions, or by
industry self-regulation, consistent with the policies and standards of
the Magnuson 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
[[Page 30]]
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.
Subpart E--Confidentiality of Statistics
Sec. 600.405 Types of statistics covered.
NOAA is authorized under the Magnuson 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.
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.
[[Page 31]]
Sec. 600.415 Access to statistics.
(a) General. In determining whether to grant a request for access to
confidential data, the following information will be taken into
consideration (also see Sec. 600.130):
(1) The specific types of data required.
(2) The relevance of the data to conservation and management issues.
(3) The duration of time access will be required: continuous,
infrequent, or one-time.
(4) An explanation of why the availability of aggregate or non-
confidential summaries of data from other sources would not satisfy the
requested needs.
(b) Federal employees. Statistics submitted as a requirement of an
FMP and that reveal the identity of the submitter will only be
accessible to the following:
(1) Personnel within NMFS responsible for the collection,
processing, and storage of the statistics.
(2) Federal employees who are responsible for FMP development,
monitoring, and enforcement.
(3) Personnel within NMFS performing research that requires
confidential statistics.
(4) Other NOAA personnel on a demonstrable need-to-know basis.
(5) NOAA/NMFS contractors or grantees who require access to
confidential statistics to perform functions authorized by a Federal
contract or grant.
(c) State personnel. Upon written request, confidential statistics
will only be accessible if:
(1) State employees demonstrate a need for confidential statistics
for use in fishery conservation and management.
(2) The state has entered into a written agreement between the
Assistant Administrator and the head of the state's agency that manages
marine and/or anadromous fisheries. The agreement shall contain a
finding by the Assistant Administrator that the state has
confidentiality protection authority comparable to the Magnuson 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.
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.
[[Page 32]]
(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 Act must have
on board a permit issued under this section, unless it is engaged only
in recreational fishing.
(2) Permits issued under this section do not authorize FFV's or
persons to harass, capture, or kill marine mammals. No marine mammals
may be taken in the course of fishing unless that vessel has on board a
currently valid Authorization Certificate under the MMPA. Regulations
governing the taking of marine mammals incidental to commercial fishing
operations are contained in 50 CFR part 229 of this title.
(b) Responsibility of owners and operators. The owners and operators
of each FFV are jointly and severally responsible for compliance with
the Magnuson Act, the applicable GIFA, this subpart, and any permit
issued under the Magnuson 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
[[Page 33]]
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--
(i) The Assistant Administrator determines that the fishing
described in the application will meet the requirements of the Magnuson
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 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
[[Page 34]]
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 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 Act has become overdue; or as otherwise
specified in the Magnuson 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.
(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.
[[Page 35]]
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 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
[[Page 36]]
transmitted prior to the last shift expected to be made in the day and
delivered within 24 hours of its transmittal.
(5) ``JV OPS''. Each operator must specify the date, time, position,
and area at which the FFV will ``START'' joint venture operations
(action code ``START JV OPS'') or ``END'' joint venture operations
(action code ``END JV OPS''). These reports must be made in addition to
other activity reports made under this section. Each message must be
transmitted before the event and delivered within 24 hours of its
transmittal.
(6) ``TRANSFER''. The operator of each FFV that anticipates a
transshipping operation in which the FFV will receive fish or fisheries
products must specify the date, time, position and area the FFV will
conduct the ``TRANSFER'' and the name and IRCS of the other FFV or U.S.
vessel involved (action code ``TRANSFER''). The report must include the
permit activity code under which the transfer will be made. The message
must be transmitted prior to the transfer and delivered within 24 hours
of its transmittal. The movement of raw fish from a permitted foreign
catching vessel or, under an Activity Code 4, from a U.S. fishing vessel
to the reporting processing vessel and the return of nets or codends is
not considered a transfer.
(7) ``OFFLOADED''. Each operator must specify the date, time,
position, and area the FFV ``OFFLOADED'' fish or fisheries products TO
another FFV or a U.S. vessel in a transfer, the other FFV's or U.S.
vessel's name, IRCS, Permit Activity Code under which the transfer was
made, species (by species code) and quantity of fish and fisheries
products (by product code and by product weight, to the nearest
hundredth of a metric ton) offloaded (action code ``OFFLOADED TO''). The
message must be transmitted within 12 hours after the transfer is
completed and delivered within 24 hours of its transmittal and before
the FFV ceases fishing in the EEZ.
(8) ``RECEIVED''. Each operator must specify the date, time,
position and area the vessel ``RECEIVED'' fish or fisheries products
FROM another FFV in a transfer, the other FFV's or U.S. vessel's name,
IRCS, Permit Activity Code under which the receipt was made, species (by
species code) and quantity of fish and fisheries products (by product
code and by product weight, to the nearest hundredth of a metric ton)
received (action code ``RECEIVED FROM''). The message must be
transmitted within 12 hours after the transfer is completed and
delivered within 24 hours of its transmittal and before the vessel
ceases fishing in the EEZ.
(9) ``CEASE''. Each operator must specify the date, time, position,
and area the FFV will ``CEASE'' fishing in order to leave the EEZ
(action code ``CEASE''). The message must be delivered at least 24 hours
before the FFV's departure.
(10) ``CHANGE''. Each operator must report any ``CHANGE'' TO the
FFV's operations if the position or time of an event specified in an
activity report will vary more than 5 nautical miles (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
[[Page 37]]
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 or
Science and Research Director may accept or reject any correction and
initiate any appropriate civil penalty actions.
(2) Weekly catch report (CATREP). The operator of each FFV must
submit a weekly catch report stating any catch (Activity Code 1) in
round weight of each species or species group allocated to that Nation
by area and days fished in each area for the weekly period Sunday
through Saturday, GMT, as modified by the fishery in which the FFV is
engaged. Foreign vessels delivering unsorted, unprocessed fish to a
processing vessel are not required to submit CATREP's, if that
processing vessel (Activity Code 2) submits consolidated CATREP's for
all fish received during each weekly period. No report is required for
FFV's that do not catch or receive foreign-caught fish during the
reporting period.
(3) Weekly receipts report (RECREP). The operator of each FFV must
submit a weekly report stating any receipts of U.S.-harvested fish in a
joint venture (Activity Code 4) for the weekly period Sunday through
Saturday, GMT, as modified by the fishery in which the FFV is engaged,
for each fishing area, by authorized or prohibited species or species
group; days fish received; round weight retained or returned to the U.S.
fishing vessel; number of codends received; and number of vessels
transferring codends. The report must also include the names of U.S.
fishing vessels transferring codends during the week. No report is
required for FFV's that do not receive any U.S.-harvested fish during
the reporting period.
(4) Marine mammal report (MAMREP). The operator of each FFV must
submit a weekly report stating any incidental catch or receipt of marine
mammals (Activity Codes 1 or 2 and/or 4), the 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 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 Director, the
designated representative may submit weekly reports to some other
facility of NMFS.
[[Page 38]]
Table 1 to Sec. 600.502.--Addresses
------------------------------------------------------------------------
NMFS science and U.S. Coast Guard
NMFS regional directors research directors commanders
------------------------------------------------------------------------
Director, Northeast Region, Director, Northeast Commander, Atlantic
National Marine Fisheries Fisheries Science Area, U.S. Coast
Service, NOAA, One Center, National Guard, 431 Crawford
Blackburn drive, Marine Fisheries Street, Portsmouth,
Gloucester, MA 01930-2298. Service, NOAA, 166 VA 23704.
Water Street, Woods
Hole, MA 02543-1097.
Director, Southeast Region, Director, Southeast Commander, Atlantic
National Marine Fisheries Fisheries Science Area, U.S. Coast
Service, NOAA, 9721 Exec. Center, National Guard, Governor's
Center Drive N., St. Marine Fisheries Island, New York,
Petersburg, FL 33702. Service, NOAA, 75 NY 10004.
Virginia Beach
Drive, Miami, FL
33149-1003.
Director, Northwest Region, Director, Northwest Commander, Pacific
National Marine Fisheries Fisheries Science Area, U.S. Coast
Service, NOAA, 7600 Sand Center, National Guard, Government
Point Way, NE, BIN C15700, Marine Fisheries Island, Alameda, CA
Bldg. 1, Seattle, WA 98115. Service, NOAA, 2725 94501.
Montlake Boulevard
East, Seattle, WA
98112-2097.
Director, Alaska Region, Director, Alaska Commander,
National Marine Fisheries Fisheries Science Seventeenth Coast
Service, NOAA, P.O. Box Center, National Guard District,
21668, Juneau, AK 99802- Marine Fisheries P.O. Box 25517,
1668. Service, NOAA, 7600 Juneau, AK 99802.
Sand Point Way, NE,
BIN C15700, Bldg.
4, Seattle, WA
98115-0070.
Director, Southwest Region Director, Southwest Commander,
National Marine Fisheries Fisheries Science Fourteenth Coast
Service, NOAA, 501 West Center, National Guard District, 300
Ocean Blvd, Suite 4200, Marine Fisheries Ala Moana Blvd.,
Long Beach, CA 90802-4213. Service, NOAA, P.O. Honolulu, HI 96850.
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. Center, Attn: Area.
Observer Program.
Atlantic Ocean South of Cape Director, Northeast Commander, Atlantic
Hatteras. Center, Attn: Area.
Observer Program.
Atlantic Tunas, Swordfish, Director, Office of Commander, Atlantic
Billfish and Sharks. Fisheries Area.
Conservation and
Management.
Gulf of Mexico and Caribbean Director, Southeast Commander, Atlantic
Sea. Region. Area.
Pacific Ocean off the States Director, Northwest Commander, Pacific
of California, Oregon, and Region. Area.
Washington.
North Pacific Ocean and Director, Alaska Commander,
Bering Sea off Alaska. Region. Seventeenth Coast
Guard District.
Pacific Ocean off Hawaii and Director, Southwest Commander,
Other U.S. Insular 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:
[[Page 39]]
------------------------------------------------------------------------
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
------------------------------------------------------------------------
Sec. 600.503 Vessel and gear identification.
(a) Vessel identification. (1) The operator of each FFV assigned an
IRCS must display that call sign amidships on both the port and
starboard sides of the deckhouse or hull, so that it is visible from an
enforcement vessel, and on an appropriate weather deck so it is visible
from the air.
(2) The operator of each FFV not assigned an IRCS, such as a small
trawler associated with a mothership or one of a pair of trawlers, must
display the IRCS of the associated vessel, followed by a numerical
suffix. (For example, JCZM-1, JCZM-2, etc., would be displayed on small
trawlers not assigned an IRCS operating with a mothership whose IRCS is
JCZM; JANP-1 would be displayed by a pair trawler not assigned an IRCS
operating with a trawler whose IRCS is JANP.)
(3) The vessel identification must be in a color in contrast to the
background and must be permanently affixed to the FFV in block Roman
alphabet letters and Arabic numerals at least 1 m in height for FFV's
over 20 m in length, and at least 0.5 m in height for all other FFV's.
(b) Navigational lights and shapes. Each FFV must display the lights
and shapes prescribed by the International Regulations for Preventing
Collisions at Sea, 1972 (TIAS 8587, and 1981 amendment TIAS 10672), for
the activity in which the FFV is engaged (as described at 33 CFR part
81).
(c) Gear identification. (1) The operator of each FFV must ensure
that all 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 Act and this subpart.
[[Page 40]]
(2) The operator of each FFV must provide vessel position or other
information when requested by an authorized officer within the time
specified in the request.
(b) Communications equipment. (1) Each FFV must be equipped with a
VHF-FM radiotelephone station located so that it may be operated from
the wheelhouse. Each operator must maintain a continuous listening watch
on channel 16 (156.8 mHz).
(2) Each FFV must be equipped with a radiotelephone station capable
of communicating via 2182 kHz (SSB) radiotelephony and at least one set
of working frequencies identified in table 3 to Sec. 600.502 appropriate
to the fishery in which the FFV is operating. Each operator must monitor
and be ready to communicate via 2182 kHz (SSB) radiotelephone each day
from 0800 GMT to 0830 GMT and 2000 to 2030 GMT, and in preparation for
boarding.
(3) FFV's that are not equipped with processing facilities and that
deliver all catches to a foreign processing vessel are exempt from the
requirements of paragraph (b)(2) of this section.
(4) FFV's with no IRCS that do not catch fish and are used as
auxiliary vessels to handle codends, nets, equipment, or passengers for
a processing vessel are exempt from the requirements of paragraphs
(b)(1) and (b)(2) of this section.
(5) The appropriate Regional Director, 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:
[[Page 41]]
(i) The ladder must be of a single length of not more than 9 m (30
ft), capable of reaching the water from the point of access to the FFV,
accounting for all conditions of loading and trim of the FFV and for an
adverse list of 15 deg.. Whenever the distance from sea level to the
point of access to the ship is more than 9 m (30 ft), access must be by
means of an accommodation ladder or other safe and convenient means.
(ii) The steps of the pilot ladder must be--
(A) Of hardwood, or other material of equivalent properties, made in
one piece free of knots, having an efficient non-slip surface; the four
lowest steps may be made of rubber of sufficient strength and stiffness
or of other suitable material of equivalent characteristics.
(B) Not less than 480 mm (19 inches) long, 115 mm (4.5 inches) wide,
and 25 mm (1 inch) in depth, excluding any non-slip device.
(C) Equally spaced not less than 300 millimeters (12 inches) nor
more than 380 mm (15 inches) apart and secured in such a manner that
they will remain horizontal.
(iii) No pilot ladder may have more than two replacement steps that
are secured in position by a method different from that used in the
original construction of the ladder.
(iv) The side ropes of the ladder must consist of two uncovered
manila ropes not less than 60 mm (2.25 inches) in circumference on each
side (or synthetic ropes of equivalent size and equivalent or greater
strength). Each rope must be continuous, with no joints below the top
step.
(v) Battens made of hardwood, or other material of equivalent
properties, in one piece and not less than 1.80 m (5 ft 10 inches) long
must be provided at such intervals as will prevent the pilot ladder from
twisting. The lowest batten must be on the fifth step from the bottom of
the ladder and the interval between any batten and the next must not
exceed nine steps.
(vi) Where passage onto or off the ship is by means of a bulwark
ladder, two handhold stanchions must be fitted at the point of boarding
or leaving the FFV not less than 0.70 m (2 ft 3 inches) nor more than
0.80 m (2 ft 7 inches) apart, not less than 40 mm (2.5 inches) in
diameter, and must extend not less 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.
Sec. 600.505 Prohibitions.
(a) It is unlawful for any person to do any of the following:
[[Page 42]]
(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 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 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
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 Act, the applicable
GIFA, this subpart, or any permit issued under this subpart;
(6) Interfere with, obstruct, delay, oppose, impede, intimidate, or
prevent by any means any boarding, investigation or search, wherever
conducted, in the process of enforcing the Magnuson 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 Director;
(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);
[[Page 43]]
(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 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 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 fishery resources beyond the EEZ, unless the fishing is authorized
by, and conducted in accordance with, a valid permit issued under
Sec. 600.501.
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 Act, the appropriate Regional 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 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 Director 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 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 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 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 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,
[[Page 44]]
weigh, or store fish or fish products at any time.
(6) Allow the observer to inspect and copy the FFV's daily log,
communications log, transfer log, and any other log, document, notice,
or record required by these regulations.
(7) Provide the observer copies of any records required by these
regulations upon demand.
(8) Notify the observer at least 15 minutes before fish are brought
on board or fish or fish products are transferred from the FFV to allow
sampling the catch or observing the transfer, unless the observer
specifically requests not to be notified.
(9) Provide all other reasonable assistance to enable the observer
to carry out his or her duties.
(d) Health and safety standards. All foreign fishing vessels to
which an observer is deployed must maintain, at all times that the
vessel is in the EEZ, the following:
(1) At least one working radar.
(2) Functioning navigation lights as required by international law.
(3) A watch on the bridge by appropriately trained and experienced
personnel while the vessel is underway.
(4) Lifeboats and/or inflatable life rafts with a total carrying
capacity equal to or greater than the number of people aboard the
vessel. Lifeboats and inflatable life rafts must be maintained in good
working order and be readily available.
(5) Life jackets equal or greater in number to the total number of
persons aboard the vessel. Life jackets must be 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 or
Science and Research Director will assign a supplementary observer to
that vessel. The costs of supplementary observers will be paid for
[[Page 45]]
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 or Science
and Research Director.
(3) All data collected by supplementary observers will be under the
exclusive control of the Assistant Administrator.
(h) Supplementary observer payment--(1) Method of payment. The
owners and operators of foreign fishing vessels must pay directly to the
contractor the costs of supplementary observer coverage. Payment must be
made to the contractor supplying supplementary observer coverage either
by letter of credit or certified check drawn on a federally chartered
bank in U.S. dollars, or other financial institution acceptable to the
contractor. The letter of credit used to pay supplementary observer fees
to contractors must be separate and distinct from the letter of credit
required by Sec. 600.518(b)(2). Billing schedules will be specified by
the terms of the contract between NOAA and the contractors. Billings for
supplementary observer coverage will be approved by the appropriate
Regional 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 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 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 or Science and
[[Page 46]]
Research Director according to the requirements of the fishery to which
the supplementary observer will be deployed.
(iii) The costs associated with communications with supplementary
observers for transmission of data and routine messages.
(iv) For the purposes of monitoring the supplementary observer
program, the costs for the management and analysis of data.
(v) The costs for data editing and entry.
(vi) Any costs incurred by NMFS to train, deploy or debrief a
supplementary observer.
(vii) The cost for U.S. Customs inspection for supplementary
observers disembarking after deployment.
(4) Reconciliation. Fees collected by the contractor in excess of
the actual costs of supplementary observer coverage will be refunded to
the owners and operators of foreign fishing vessels, or kept on deposit
to defray the costs of future supplementary observer coverage. Refunds
will be made within 60 days after final costs are determined and
approved by NMFS.
(i) Supplementary observer contractors--(1) Contractor eligibility.
Supplementary observers will be obtained by NMFS from persons or firms
having established contracts to provide NMFS with observers. In the
event no such contract is in place, NMFS will use established,
competitive contracting procedures to select persons or firms to provide
supplementary observers. The services supplied by the supplementary
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 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 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
[[Page 47]]
Assistant Administrator under the following conditions:
(i) A supplementary observer fails to perform the duties specified
in paragraph (g)(2) of this section.
(ii) A supplementary observer fails to abide by the standards of
conduct described by Department of Commerce Administrative Order 202-
735.
(2) The suspension or revocation of the certification of a
supplementary observer by the Assistant Administrator may be based on
the following:
(i) Boarding inspection reports by authorized officers of the USCG
or NMFS, or other credible information, that indicate a supplementary
observer has failed to abide by the established standards of conduct; or
(ii) An analysis by NMFS of the data collected by a supplementary
observer indicating improper or incorrect data collection or recording.
The failure to properly collect or record data is sufficient to justify
decertification of supplementary observers; no intent to defraud need be
demonstrated.
(3) The Assistant Administrator will notify the supplementary
observer, in writing, of the Assistant Administrator's intent to suspend
or revoke certification, and the reasons therefor, and provide the
supplementary observer a reasonable opportunity to respond. If the
Assistant Administrator determines that there are disputed questions of
material fact, then the Assistant Administrator may in this respect
appoint an examiner to make an informal fact-finding inquiry and prepare
a report and recommendations.
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 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
[[Page 48]]
table 2 to Sec. 600.502) in which the FFV is engaged according to this
section and in the format specified in the instructions provided with
the permit or other format authorized under paragraph (i) of this
section. Daily effort entries are required for each day the vessel
conducts fishing operations within the EEZ. Daily entries are not
required whenever the FFV is in port or engaged in a joint venture in
the internal waters of a state. Each page of log may contain entries
pertaining to only one day's fishing operations or one gear set,
whichever is longer.
(2) The owner or operator of each FFV authorized to catch fish
(Activity Code 1) and that delivers all catches to a processing vessel,
must maintain only ``SECTION ONE-EFFORT'', of the daily fishing log,
provided the processing vessel maintains a daily consolidated fishing
log as described in paragraphs (f) and (g) of this section.
(e) Daily fishing log--contents. The daily fishing log must contain
the following information, as modified by paragraph (d)(2) of this
section and the regulations for the fishery in which the FFV is engaged,
and be completed according to the format and instructions provided with
the permit or other format authorized under paragraph (i) of this
section.
(1) ``SECTION ONE-EFFORT'' must contain on a daily basis--
(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--
[[Page 49]]
(i) The product by species code and product type.
(ii) The daily product recovery rate of each species and product.
(iii) The daily total product produced by species to at least the
nearest 0.01 mt.
(iv) The cumulative total of each product to at least the nearest
0.01 mt.
(v) The cumulative amount of product transferred.
(vi) The balance of product remaining aboard the FFV.
(vii) The total daily amount, cumulative amount, transferred product
and balance of frozen product aboard the FFV to the nearest 0.01 mt.
(viii) Transferred amount and balance of fishmeal and fish oil
aboard to at least the nearest 0.01 mt.
(f) Daily consolidated fishing or joint venture log. The operator of
each FFV that receives unsorted, unprocessed fish from foreign catching
vessels (Activity Code 2) for processing or receives U.S.-harvested fish
from U.S. fishing vessels in a joint venture (Activity Code 4) must
maintain a daily joint venture log of the effort, catch and production
of its associated U.S. or foreign fishing vessels and the processing
vessel as modified by the regulations for the fishery in which the FFV
is engaged. This log is separate and in addition to the log required by
paragraph (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.
[[Page 50]]
(5) ``SECTION THREE--PRODUCTION'' must contain, on a daily basis,
for each authorized species or species group received and product
produced, that information required in paragraph (e)(5) of this section.
(h) Daily log maintenance. The logs required by paragraphs (e)
through (g) of this section must be maintained separately for each
fishery (see table 2 to Sec. 600.502).
(1) The effort section (all of ``SECTION ONE'') of the daily logs
must be updated within 2 hours of the hauling or receipt time. The catch
or receipt by trawl or set (``SECTION TWO'') must be entered within 12
hours of the hauling or receipt time. The daily and cumulative total
catch or receipts (``SECTION TWO'') and the production portion
(``SECTION THREE'') of the log must be updated within 12 hours of the
end of the day on which the catch was taken. The date of catch is the
day and time (GMT) the gear is hauled.
(2) Entries for total daily and cumulative catch or receipt weights
(disposition ``C'' or ``M'') must be based on the most accurate method
available to the vessel, either scale round weights or factory weights
converted to round weights. Entries for daily and cumulative weights of
discarded or returned fish (disposition ``D'' or ``R'') must be based on
the most accurate method available to the vessel, either actual count,
scale round weight, or estimated 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
Director and the USCG commander (see tables 1 and 2 to Sec. 600.502).
With the agreement of the USCG commander, the Regional Director may
authorize the use of that log format for vessels of the requesting
Nation.
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
[[Page 51]]
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) Each FFV authorized by the Governor of a state under section
306(c) of the Magnuson Act may engage in 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.
Sec. 600.509 Prohibited species.
(a) The owner or operator of each FFV must minimize its catch or
receipt of prohibited species.
(b) After allowing for sampling by an observer (if any), the owner
or operator of each FFV must sort its catch of fish received as soon as
possible and return all prohibited species and species parts to the sea
immediately with a minimum of injury, regardless of condition, unless a
different procedure is specified by the regulations for the fishery in
which the FFV is engaged. All prohibited species must be recorded in the
daily fishing log and other fishing logs as specified by the regulations
for the fishery in which the FFV is engaged.
(c) All species of fish that an FFV has not been specifically
allocated or authorized under this subpart to retain, including fish
caught or received in excess of any allocation or authorization, are
prohibited species.
(d) It is a rebuttable presumption that any prohibited species or
species part found on board an FFV was caught and retained in violation
of this section.
Sec. 600.510 Gear avoidance and disposal.
(a) Vessel and gear avoidance. (1) FFV's arriving on fishing grounds
where fishing vessels are already fishing or have set their gear for
that purpose must ascertain the position and extent of gear already
placed in the sea and must not place themselves or their fishing gear so
as to interfere with or obstruct fishing operations already in progress.
Vessels using mobile gear must avoid fixed fishing gear.
(2) The operator of each FFV must maintain on its bridge a current
plot of broadcast fixed-gear locations for the area in which it is
fishing, as required by the regulations for the fishery in which the FFV
is engaged.
(b) Gear conflicts. The operator of each FFV that is involved in a
conflict or that retrieves the gear of another vessel must immediately
notify the appropriate USCG commander identified in tables 1 and 2 to
Sec. 600.502 and request disposal instructions. Each report must
include:
(1) The name of the reporting vessel.
(2) A description of the incident and articles retrieved, including
the amount, type of gear, condition, and identification markings.
(3) The location of the incident.
(4) The date and time of the incident.
(c) Disposal of fishing gear and other articles. (1) The operator of
an FFV in the EEZ may not dump overboard, jettison or otherwise discard
any article or substance that may interfere with other fishing vessels
or gear, or that may catch fish or cause damage to any marine resource,
including marine mammals and birds, except in cases of emergency
involving the safety of the ship or crew, or as specifically authorized
by communication from the appropriate USCG commander or other authorized
officer. These articles and substances include, but are not limited to,
fishing gear, net scraps, bale straps, plastic bags, oil drums,
petroleum containers, oil, toxic chemicals or any manmade items
retrieved in an FFV's gear.
(2) The operator of an FFV may not abandon fishing gear in the EEZ.
(3) If these articles or substances are encountered, or in the event
of accidental or emergency placement into the EEZ, the vessel operator
must immediately report the incident to the appropriate USCG Commander
indicated in tables 1 and 2 to Sec. 600.502, and give the information
required in paragraph (b) of this section.
Sec. 600.511 Fishery closure procedures.
(a) Activity Codes 1 and 2 for a fishery are automatically canceled
in the following cases, unless otherwise specified by regulations
specific to a fishery, when--
[[Page 52]]
(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 Director is authorized to close a
fishery on behalf of NMFS. The Regional Director 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.
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 Director,
Director, or designee, 60 days or as soon as practicable prior to its
start, a scientific research plan for each scientific cruise. The
Regional Director, 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
Director, Director, or designee, after review of a research plan,
determines that it does not constitute scientific research activity, but
rather fishing, the Regional Director, Director, or designee will inform
the applicant as soon as practicable and in writing. The Regional
Director, Director, or designee may also make recommendations to revise
the research plan to make the cruise acceptable as scientific research
activity. In order to facilitate identification of activity as
scientific research, persons conducting scientific research activities
are advised to carry a copy of the scientific research plan and the
letter of acknowledgment on board the scientific research vessel.
Activities conducted in accordance with a scientific research plan
acknowledged by such a letter are presumed to be scientific research
activities. The presumption may be overcome by showing that an activity
does not fit the definition of scientific research activity or is
outside the scope of the scientific research plan.
(b) Reports. Persons conducting scientific research are requested to
submit a copy of any cruise report or other publication created as a
result of the cruise, including the amount, composition, and disposition
of their catch, to the appropriate Science and Research Director.
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
[[Page 53]]
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 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.
Sec. 600.516 Total allowable level of foreign fishing (TALFF).
(a) The TALFF, if any, with respect to any fishery subject to the
exclusive fishery management authority of the United States, is that
portion of the OY of such fishery that will not be caught by vessels of
the United States.
(b) Each specification of OY and each assessment of the anticipated
U.S. harvest will be reviewed during each fishing season. Adjustments to
TALFF's will be made based on updated information relating to status of
stocks, estimated and actual performance of domestic and foreign fleets,
and other relevant factors.
(c) Specifications of OY and the initial estimates of U.S. harvests
and TALFF's at the beginning of the relevant fishing year will be
published in the Federal Register. Adjustments to those numbers will be
published in the Federal Register upon occasion or as directed by
regulations implementing FMPs. For current apportionments, contact the
appropriate Regional Director or the Director.
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
[[Page 54]]
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 Director 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 Director will stand and a bill will be issued
for that amount. If necessary, the catch figures may be refined by the
Regional Director 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 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,
[[Page 55]]
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 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.
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 Director 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 Director 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 Director.
(4) Species definitions. The category ``other finfish'' used in
TALFFs and in allocations includes all species except:
(i) The other allocated species, namely: Short-finned squid, long-
finned squid, Atlantic herring, Atlantic mackerel, river herring
(includes alewife, blueback herring, and hickory shad), and butterfish.
(ii) The prohibited species, namely: American plaice, American shad,
Atlantic cod, Atlantic menhaden, Atlantic redfish, Atlantic salmon, all
marlin, all spearfish, sailfish, swordfish, black sea bass, bluefish,
croaker, haddock, ocean pout, pollock, red hake, scup, sea turtles,
sharks (except dogfish), silver hake, spot, striped bass, summer
flounder, tilefish, yellowtail 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.
[[Page 56]]
(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 57]]
[GRAPHIC] [TIFF OMITTED] TR24JN96.000
[[Page 58]]
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 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.
Sec. 600.615 Commencement of proceedings.
(a) Notice of proposed preemption. (1) If a proceeding under this
part is deemed necessary, the Administrator must issue a notice of
proposed preemption to the Attorney General of the State or States
concerned. The notice will contain:
(i) A recital of the legal authority and jurisdiction for
instituting the proceeding.
(ii) A concise statement of the Sec. 600.610 factual findings for
Federal preemption upon which the notice is based.
(iii) The time, place, and date of the hearing.
(2) The notice of proposed preemption will also be published in the
Federal Register. This notification may be combined with any notice of
proposed rulemaking published under paragraph (d)(1) of this section.
[[Page 59]]
(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(e) of the
Magnuson Act.
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
(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
[[Page 60]]
(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 61]]
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 Act or any other statute
administered by NOAA and/or any regulation or permit issued under the
Magnuson 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 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 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
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 Act or any other statute administered by
NOAA.
(h) Resist a lawful arrest for any act prohibited under the Magnuson
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 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 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) It is prohibited to violate any other provision of this part,
the Magnuson Act or any other statute administered by NOAA, any notice
issued under this part, or any other regulation promulgated under the
Magnuson Act or any other statute administered by NOAA.
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
[[Page 62]]
boarding and inspection of the vessel, its gear, equipment, fishing
record (where applicable), and catch for purposes of enforcing the
Magnuson Act or any other statute administered by NOAA and this chapter.
(b) Communications. (1) Upon being approached by a USCG vessel or
aircraft, or other vessel or aircraft with an authorized officer aboard,
the operator of a fishing vessel must be alert for communications
conveying enforcement instructions.
(2) VHF-FM radiotelephone is the preferred method for communicating
between vessels. If the size of the vessel and the wind, sea, and
visibility conditions allow, a loudhailer may be used instead of the
radio. Hand signals, placards, high frequency radiotelephone, or voice
may be employed by an authorized officer, and message blocks may be
dropped from an aircraft.
(3) If other communications are not practicable, visual signals may
be transmitted by flashing light directed at the vessel signaled. USCG
units will normally use the flashing light signal ``L'' as the signal to
stop. In the International Code of Signals, ``L'' (.-..) means ``you
should stop your vessel instantly.'' (Period (.) means a short flash of
light; dash (-) means a long flash of light.)
(4) Failure of a vessel's operator promptly to stop the vessel when
directed to do so by an authorized officer using loudhailer,
radiotelephone, flashing light signal, or other means constitutes prima
facie evidence of the offense of refusal to permit an authorized officer
to board.
(5) The operator of a vessel who does not understand a signal from
an enforcement unit and who is unable to obtain clarification by
loudhailer or radiotelephone must consider the signal to be a command to
stop the vessel instantly.
(c) Boarding. The operator of a vessel directed to stop must:
(1) Guard Channel 16, VHF-FM, if so equipped.
(2) Stop immediately and lay to or maneuver in such a way as to
allow the authorized officer and his/her party to come aboard.
(3) Except for those vessels with a freeboard of 4 ft (1.2 m) or
less, provide a safe ladder, if needed, for the authorized officer and
his/her party to come aboard.
(4) When necessary to facilitate the boarding or when requested by
an authorized officer or observer, provide a manrope or safety line, and
illumination for the ladder.
(5) Take such other actions as necessary to facilitate boarding and
to ensure the safety of the authorized officer and the boarding party.
(d) Signals. The following signals, extracted from the International
Code of Signals, may be sent by flashing light by an enforcement unit
when conditions do not allow communications by loudhailer or
radiotelephone. Knowledge of these signals by vessel operators is not
required. However, knowledge of these signals and appropriate action by
a vessel operator may preclude the necessity of sending the signal ``L''
and the necessity for the vessel to stop instantly. (Period (.) means a
short flash of light; dash (-) means a long flash of light.)
(1) ``AA'' repeated (.-.-) is the call to an unknown station. The
operator of the signaled vessel should respond by identifying the vessel
by radiotelephone or by illuminating the vessel's identification.
(2) ``RY-CY'' (.-. -.-- -.-. -.--) means ``you should proceed at
slow speed, a boat is coming to you.'' This signal is normally employed
when conditions allow an enforcement boarding without the necessity of
the vessel being 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]
Sec. 600.735 Penalties.
Any person committing, or fishing vessel used in the commission of a
violation of the Magnuson Act or any other statute administered by NOAA
and/or any regulation issued under the Magnuson Act, is subject to the
civil and criminal penalty provisions and civil forfeiture provisions of
the Magnuson Act, to this section, to 15 CFR
[[Page 63]]
part 904 (Civil Procedures), and to other applicable law.
Sec. 600.740 Enforcement policy.
(a) The Magnuson 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 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 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 Act is used in the commission of an offense prohibited by
section 307 of the Magnuson 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 Act
requires permit sanctions following the assessment of a civil penalty or
the imposition of a criminal fine. In sum, the Magnuson 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.
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 Director, Director, or designee, 60 days or as
soon as practicable prior to its start, a scientific research plan for
each scientific cruise. The Regional Director, Director, or designee
will acknowledge notification of scientific research activity by issuing
to the operator or master of that vessel, or to the sponsoring
institution, a letter of acknowledgment. This letter of acknowledgment
is separate and distinct from any permit required by any other
applicable law. If the Regional Director, Director, or designee, after
review of a research plan, determines that it does not constitute
scientific research but rather fishing, the Regional Director, Director,
or designee will inform the applicant as soon as practicable and in
writing. The Regional Director, 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 Director or
Director may authorize, for limited testing,
[[Page 64]]
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 Director
or Director in accordance with the criteria and procedures specified in
this section. The Regional Director 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 Director 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 Director 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 Director or Director, as appropriate, may
request from an applicant additional information necessary to make the
determinations required under this section. An incomplete application or
an application for which the appropriate fee has not been paid will not
be considered until corrected in writing and the fee paid. An applicant
for an EFP need not be the owner or operator of the vessel(s) for which
the EFP is requested.
(3) Issuance. (i) The Regional Director 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 Director 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 Director 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 Director or Director also will
forward copies of the application to the Council(s), the USCG, and the
appropriate fishery management agencies of
[[Page 65]]
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 Director 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
Director or Regional Director 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 Director 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 Director or Director to grant or
deny an EFP is the final action of NMFS. If the permit, as granted, is
significantly different from the original application, or is denied,
NMFS may publish notification in the Federal Register describing the
exempted fishing to be conducted under the EFP or the reasons for
denial.
(v) The Regional Director 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.
[[Page 66]]
(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 Director or Director, as specified
in the EFP.
(d) Exempted educational activities--(1) General. A NMFS Regional
Director 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 Director 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 Director 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 Director or
Director, at least 15 days before the desired effective date of the
authorization, a written application that includes, but is not limited
to, the following information:
(i) The date of the application.
(ii) The applicant's name, mailing address, and telephone number.
(iii) A brief statement of the purposes and goals of the exempted
educational activity for which authorization is requested, including a
general description of the arrangements for disposition of all species
collected.
(iv) Evidence that the sponsoring institution is a valid educational
institution, such as accreditation by a recognized national or
international accreditation body.
(v) The scope and duration of the activity.
(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 Director 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 Director 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,
[[Page 67]]
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 Director or Director may attach terms and
conditions to the authorization, consistent with the purpose of the
exempted educational activity, including, but not limited to:
(A) The maximum amount of each regulated species that may be
harvested.
(B) The time(s) and place(s) where the exempted educational activity
may be conducted.
(C) The type, size, and amount of gear that may be used by each
vessel operated under the authorization.
(D) Reasonable data reporting requirements.
(E) Such other conditions as may be necessary to assure compliance
with the purposes of the authorization, consistent with the objectives
of the FMP or regulations.
(F) Provisions for public release of data obtained under the
authorization, consistent with NOAA confidentiality of statistics
procedures in subpart E. An applicant may be required to waive the right
to confidentiality of information gathered while conducting exempted
educational activities as a condition of the authorization.
(iii) The authorization will specify the scope of the authorized
activity and will include, at a minimum, the duration, vessel(s),
species and gear involved in the activity, as well as any additional
terms and conditions specified under paragraph (d)(3)(ii) of this
section.
(4) Duration. Unless otherwise specified, authorization for an
exempted educational activity is effective for no longer than 1 year,
unless revoked, suspended, or modified. Authorizations may be renewed
following the application procedures in this section.
(5) Alteration. Any authorization that has been altered, erased, or
mutilated is invalid.
(6) Transfer. Authorizations issued under this paragraph (d) are not
transferable or assignable.
(7) Inspection. Any authorization issued under this paragraph (d)
must be carried on board the vessel(s) for which it was issued or be in
possession of the applicant to which it was issued while the exempted
educational activity is being conducted. The authorization must be
presented for inspection upon request of any authorized officer.
Activities that meet the definition of fishing, despite an educational
purpose, are fishing. An authorization may allow covered fishing
activities; however, fishing activities conducted outside the scope of
an authorization for exempted educational activities are illegal.
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC--Table of Contents
Subpart A--General Provisions
Sec.
622.1 Purpose and scope.
622.2 Definitions and acronyms.
622.3 Relation to other laws and regulations.
622.4 Permits and fees.
622.5 Recordkeeping and reporting.
622.6 Vessel and gear identification.
622.7 Prohibitions.
622.8 At-sea observer coverage.
Subpart B--Effort Limitations
622.15 Wreckfish individual transferable quota (ITQ) system.
622.16 Red snapper individual transferable quota (ITQ) system.
622.17 South Atlantic golden crab controlled access.
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.
[[Page 68]]
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
Authority: 16 U.S.C. 1801 et seq.
Source: 61 FR 34934, July 3, 1996, unless otherwise noted.
Subpart A--General Provisions
Sec. 622.1 Purpose and scope.
(a) The purpose of this part is to implement the FMPs prepared under
the Magnuson Act by the CFMC, GMFMC, and/or SAFMC listed in Table 1 of
this section.
(b) This part governs conservation and management of species
included in the FMPs in or from the Caribbean, Gulf, Mid-Atlantic, or
South Atlantic EEZ, as indicated in Table 1 of this section. For the
FMPs noted in the following table, conservation and management extends
to adjoining state waters for the purposes of data collection and
monitoring:
Table 1.--FMPs Implemented Under Part 622
----------------------------------------------------------------------------------------------------------------
Responsible fishery management
FMP title council(s) Geographical area
----------------------------------------------------------------------------------------------------------------
Atlantic Coast Red Drum FMP........... SAFMC Mid-Atlantic and South
Atlantic.
FMP for Coastal Migratory Pelagic GMFMC/SAFMC Gulf,\1\ Mid-Atlantic 1,2 and
Resources. South Atlantic.1, 3
FMP for Coral and Coral Reefs of the GMFMC Gulf.
Gulf of Mexico.
FMP for Coral, Coral Reefs, and Live/ SAFMC South Atlantic.
Hard Bottom Habitats of the South
Atlantic Region.
FMP for Corals and Reef Associated CFMC Caribbean.
Plants and Invertebrates of Puerto
Rico and the U.S. Virgin Islands.
FMP for the Golden Crab Fishery of the SAFMC South Atlantic
South Atlantic Region.
FMP for the Red Drum Fishery of the GMFMC Gulf.1
Gulf of Mexico.
FMP for the Reef Fish Fishery of CFMC Caribbean.
Puerto Rico and the U.S. Virgin
Islands.
FMP for the Reef Fish Resources of the GMFMC Gulf.1
Gulf of Mexico.
FMP for the Shrimp Fishery of the Gulf GMFMC Gulf.1
of Mexico.
FMP for the Shrimp Fishery of the SAFMC South Atlantic.
South Atlantic Region.
FMP for the Snapper-Grouper Fishery of SAFMC South Atlantic.1, 4
the South Atlantic Region.
FMP for the Spiny Lobster Fishery of CFMC Caribbean.
Puerto Rico and the U.S. Virgin
Islands.
----------------------------------------------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.
\2\ Only king and Spanish mackerel 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]
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.,
[[Page 69]]
quinaldine, quinaldine compounds, or similar substances).
Allowable octocoral means an erect, nonencrusting species of the
subclass Octocorallia, except the seafans Gorgonia flabellum and G.
ventalina, plus the attached substrate within 1 inch (2.54 cm) of an
allowable octocoral.
Note: An erect, nonencrusting species of the subclass Octocorallia,
except the seafans Gorgonia flabellum and G. ventalina, with attached
substrate exceeding 1 inch (2.54 cm) is considered to be live rock and
not allowable octocoral.
Aquacultured live rock means live rock that is harvested under a
Federal aquacultured live rock permit, as required under
Sec. 622.4(a)(3)(iii).
Authorized statistical reporting agent means:
(1) Any person so designated by the SRD; or
(2) Any person so designated by the head of any Federal or State
agency that has entered into an agreement with the Assistant
Administrator to collect fishery data.
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 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 carries a passenger for hire at any time during the
calendar year. A charter vessel with a commercial permit, as required
under Sec. 622.4(a)(2), is considered to be operating as a charter
vessel when it carries a passenger who pays a fee or when there are more
than three persons aboard, including operator and crew.
Coastal migratory pelagic fish means one or more of the following
species, or a part thereof:
(1) Bluefish, Pomatomus saltatrix (Gulf of Mexico only).
(2) Cero, Scomberomorus regalis.
(3) Cobia, Rachycentron canadum.
(4) Dolphin, Coryphaena hippurus
(5) King mackerel, Scomberomorus cavalla.
(6) Little tunny, Euthynnus alletteratus.
(7) Spanish mackerel, Scomberomorus maculatus.
Coral area means marine habitat in the Gulf or South Atlantic EEZ
where coral growth abounds, including patch reefs, outer bank reefs,
deep water banks, and hard bottoms.
Dealer, in addition to the definition specified in Sec. 600.15 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 run-around gillnet, that is unattached to the ocean bottom,
whether or not 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.
[[Page 70]]
(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.
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.
Live rock means living marine organisms, or an assemblage thereof,
attached to a hard substrate, including dead coral or rock (excluding
individual mollusk shells).
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.
[[Page 71]]
(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.
Powerhead means any device with an explosive charge, usually
attached to a speargun, spear, pole, or stick, that fires a projectile
upon contact.
Processor means a person who processes fish or fish products, or
parts thereof, for commercial use or consumption.
Purchase means the act or activity of buying, trading, or bartering,
or attempting to buy, trade, or barter.
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).
Run-around gillnet means a gillnet with a float line 1,000 yd (914
m) or less in length 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.
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
[[Page 72]]
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.
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.
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.
Wild live rock means live rock other than aquacultured live rock.
Wreckfish means the species Polyprion americanus, or a part thereof,
one of the South Atlantic snapper-grouper species.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61
FR 47448, Sept. 9, 1996]
Effective Date Note: At 61 FR 47448, Sept. 9, 1996, Sec. 622.2 was
amended by adding the definition of ``Dealer'' effective Oct. 9, 1996.
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 Federal permits 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
[[Page 73]]
headboat, a person aboard must adhere to the bag limits.
(2) Commercial vessel permits 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 a moratorium on 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
Spanish 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) [Reserved]
(iv) King and Spanish mackerel. For a person aboard a vessel to be
eligible for exemption from the bag limits and to fish under a quota for
king or Spanish mackerel in or from the Gulf, Mid-Atlantic, or South
Atlantic EEZ, a commercial vessel permit for king and Spanish mackerel
must have been issued to the vessel and must be on board. To obtain or
renew a commercial vessel permit for king and Spanish mackerel, at least
10 percent of the applicant's earned income must have been derived from
commercial fishing, that is, sale of fish harvested from the applicant's
vessels, 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, that is, sale of fish harvested from the applicant's
vessels, or from charter or headboat operations 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 paragraph (m)(3) of this section for a limited exception
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 north
of 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 kilograms)
of tilefish aboard is considered to be in the directed fishery for
tilefish. It is a rebuttable presumption that a fishing vessel with more
than 200 lb of tilefish aboard harvested such tilefish in the EEZ. 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, that is, sale of fish harvested
from the applicant's vessels, or from charter or headboat operations; 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.
(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
[[Page 74]]
for information on wreckfish shareholders.)
(viii) South Atlantic rock shrimp. For a person aboard a vessel to
fish for rock shrimp in the South Atlantic EEZ or possess rock shrimp in
or from the South Atlantic EEZ, a commercial vessel permit for rock
shrimp must be issued to the vessel and must be on board.
(ix) Gulf red snapper. Effective through December 31, 1997, as a
prerequisite for exemption from the trip limit for red snapper specified
in Sec. 622.44(e)(1), a commercial vessel permit for Gulf reef fish with
a red snapper endorsement must have been issued to the vessel and must
be on board.
(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
[[Page 75]]
a dealer permit, the applicant must have a valid state wholesaler's
license in the state(s) where the dealer operates, if required by such
state(s), and must have a physical facility at a fixed location in such
state(s).
(b) Applications for permits. Application forms for all permits are
available from the 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
[[Page 76]]
the vessel owner and of the applicant, if other than the owner.
(D) Any other information concerning the vessel, gear
characteristics, principal fisheries engaged in, or fishing areas, as
specified on the application form.
(E) Any other information that may be necessary for the issuance or
administration of the permit, as specified on the application form.
(F) If applying for a commercial vessel permit, documentation, as
specified in the instructions accompanying each application form,
showing that applicable eligibility requirements of paragraph (a)(2) of
this section have been met.
(G) If a fish trap or sea bass pot will be used, the number,
dimensions, and estimated cubic volume of the traps/pots that will be
used and the applicant's desired color code for use in identifying his
or her vessel and buoys (white is not an acceptable color code).
(c) Change in application information. The owner or operator of a
vessel with a permit 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 permit application submitted
under paragraph (b) of this section or under Sec. 622.17(d) and for each
fish trap or sea bass pot identification tag required under
Sec. 622.6(b)(1)(i). 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 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 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 or as provided in paragraph (n) of this section for a fish
trap endorsement. 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 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
[[Page 77]]
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 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 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 or endorsement issued pursuant
to this section may be revoked, suspended, or modified, and a permit 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 that is altered, erased, or mutilated is
invalid.
(l) Replacement. A replacement permit or endorsement may be issued.
An application for a replacement permit or endorsement 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.
(m) Moratorium on commercial vessel permits for Gulf reef fish. This
paragraph (m) is effective through December 31, 2000.
(1) Except for an application for renewal of an existing commercial
vessel permit for Gulf reef fish, or as provided in paragraphs (m)(2)
and (3) of this section, no applications for such commercial vessel
permits will be accepted.
(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 by returning the existing permit to the RD with an application
for a commercial vessel permit for the replacement vessel.
(3) An owner whose earned income qualified for the commercial vessel
permit for Gulf reef fish may transfer that permit to the owner of
another vessel or to the new owner when he or she sells the permitted
vessel. The owner of a vessel that is to receive the transferred permit
must return the existing permit to the RD with an application for a
commercial vessel permit for Gulf reef fish for his or her vessel. Such
new owner may receive a commercial vessel permit for Gulf reef fish for
that vessel, and renew it for the first calendar year after obtaining
it, without meeting the earned income requirement of paragraph (a)(2)(v)
of this section. However, to renew the commercial vessel permit for the
second calendar year after the transfer, the new owner must meet that
earned income requirement not later than the first calendar year after
the permit transfer takes place.
(4) 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) Moratorium on endorsements for fish traps in the Gulf. The
provisions of this paragraph (n) are effective through February 7, 1997.
(1) A fish trap endorsement will not be issued or renewed unless the
current owner of the commercially permitted vessel for which the
endorsement is requested has a record of landings of Gulf reef fish from
fish traps in the Gulf EEZ during 1991 or 1992, as reported on fishing
vessel logbooks received by the SRD on or before November 19, 1992. An
owner will not be issued fish trap endorsements for vessels in numbers
exceeding the number of vessels for which the owning entity had the
requisite reported landings in 1991 or 1992.
(2) An owner of a vessel with a fish trap endorsement may transfer
the endorsement to another vessel owned by
[[Page 78]]
the same entity by returning the existing endorsement with an
application for an endorsement for the replacement vessel.
(3) A fish trap endorsement is not transferable upon change of
ownership of a vessel with such endorsement, except as follows:
(i) Such endorsement is transferable when the change of ownership of
the permitted vessel is from one to another of the following: Husband,
wife, son, daughter, brother, sister, mother, or father.
(ii) In the event that a vessel with a fish trap endorsement has a
change of ownership that 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. (Change of ownership of a
vessel with a commercial vessel permit for Gulf reef fish upon
disability or death of an owner is considered a purchase of a permitted
vessel and paragraph (m)(3) of this section applies regarding a
commercial vessel permit for Gulf reef fish for the vessel under the new
owner.)
(4) A fish trap endorsement in effect on September 12, 1995, 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 such vessel under paragraph (n)(1)
of this section. The owner of a vessel that is to receive the
transferred endorsement must return the currently 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.
Revised commercial vessel permits will be returned to each owner.
(5) If a fish trap endorsement is transferred under paragraph (n)(3)
or (4) of this section, the owner of the vessel to which the endorsement
is transferred may renew the endorsement without regard to the
requirement of paragraph (n)(1) of this section regarding a record of
landing of Gulf reef fish from fish traps.
(6) 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 and Spanish
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 and Spanish 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 and Spanish 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 and Spanish mackerel issued
for a vessel new to the fishery will be issued without a gillnet
endorsement.
(p) Gulf red snapper endorsements. This paragraph (p) is effective
through December 31, 1997.
(1) Based on documented historical red snapper landings from the
Gulf of 5,000 lb (2,269 kg), round weight, or its equivalent in
eviscerated weight, per year in 2 of the years 1990, 1991, and 1992,
Gulf red snapper endorsements have been issued for vessels that have
commercial permits for Gulf reef fish. In cases where a red snapper
endorsement is issued based on the qualifications of an operator, the
validity of
[[Page 79]]
that endorsement is conditioned on that named operator being aboard and
in charge of the permitted vessel.
(2) A Gulf red snapper endorsement is invalid upon sale of the
vessel; however, an owner of a vessel with a red snapper endorsement may
transfer the endorsement to another vessel owned by the same entity by
returning the existing endorsement with an application for an
endorsement for the replacement vessel.
(3) Paragraph (p)(2) of this section notwithstanding--
(i) In the event that a vessel with a Gulf red snapper endorsement
has a change of ownership that is directly related to the disability or
death of the owner, the RD may issue a red snapper endorsement,
temporarily or permanently, with the commercial 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. (Change of ownership of
a vessel with a commercial vessel permit for Gulf reef fish upon
disability or death of an owner is considered a purchase of a permitted
vessel and paragraph (m)(3) of this section applies regarding a
commercial vessel permit for Gulf reef fish for the vessel under the new
owner.)
(ii) In the event of the disability or death of an operator whose
presence aboard a vessel is a condition for the validity of a Gulf red
snapper endorsement, the RD may revise and reissue an endorsement,
temporarily or permanently, to the permitted vessel. Such revised
endorsement will contain the name of a substitute operator specified by
the operator or his/her legal guardian, in the case of a disabled
operator, or by the will or executor/administrator of the estate, in the
case of a deceased operator. As was the case with the replaced
endorsement, the presence of the substitute operator aboard and in
charge of the vessel is a condition for the validity of the revised
endorsement. Such revised endorsement will be reissued only with the
concurrence of the vessel owner.
[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]
Effective Date Notes: 1. At 61 FR 43956, Aug. 27, 1996, Sec. 622.4
was amended by revising the first sentence of paragraph (a)(4),
effective Oct. 28, 1996. For the convenience of the user, the superseded
text is set forth as follows:
Sec. 622.4 Permits and fees.
(a) * * *
(4) * * * For a dealer to receive Gulf reef fish, South Atlantic
snapper-grouper, or wreckfish harvested from the Gulf or South Atlantic
EEZ, a dealer permit for Gulf reef fish, South Atlantic snapper-grouper,
or wreckfish, respectively, must have been issued to the dealer. * * *
* * * * *
2. At 61 FR 47448, Sept. 9, 1996, in Sec. 622.4, paragraph
(a)(2)(viii) was added and the first sentence of paragraph (a)(4) was
revised effective November 1, 1996. For the convenience of the user, the
text in effect from Oct. 28, 1996 to Oct 31, 1996 is set forth as
follows:
Sec. 622.4 Permits and fees.
(a) * * *
(4) * * * For a dealer to receive Gulf reef fish, golden crab
harvested from the South Atlantic EEZ, South Atlantic snapper-grouper,
or wreckfish, a dealer permit for Gulf reef fish, golden crab, South
Atlantic snapper-grouper, or wreckfish, respectively, must be issued to
the dealer. * * *
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 or South Atlantic EEZ or adjoining state waters, or
whose vessel is issued a commercial permit for king and Spanish
mackerel, as required under Sec. 622.4(a)(2)(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.
[[Page 80]]
(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.
(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.
(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.
(2) Reporting deadlines. (i) Completed fishing records required by
paragraphs (a)(1)(i), (ii), and (iv) of this section must be submitted
to the SRD postmarked not later than 7 days after the end of each
fishing trip. If no fishing occurred during a calendar month, a report
so stating must be submitted on one of the forms postmarked not later
than 7 days after the end of that month. Information to be reported is
indicated on the form and its accompanying instructions.
(ii) Reporting forms required in paragraph (a)(1)(v) of this section
must be submitted to the SRD postmarked not later than 30 days after
sale of the golden crab offloaded from a trip. If no fishing occurred
during a calendar month, a report so stating must be submitted on one of
the forms postmarked not later than 7 days after the end of that month.
Information to be reported is indicated on the form and its accompanying
instructions.
(b) Charter vessel/headboat owners and operators--(1) Coastal
migratory pelagic fish, reef fish, and snapper-grouper. The owner or
operator of a vessel for which a charter vessel/headboat permit for
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic
snapper-grouper has been issued, as required under Sec. 622.4(a)(1), or
whose vessel fishes for or lands such coastal migratory pelagic fish,
reef fish, or snapper-grouper in or from state waters adjoining the Gulf
or South Atlantic EEZ, who is selected to report by the SRD must
maintain a fishing record for each trip, or a portion of such trips as
specified by the SRD, on forms provided by the SRD and must submit such
record as specified in paragraph (b)(2) of this section.
(2) Reporting deadlines--(i) Charter vessels. Completed fishing
records required by paragraph (b)(1) of this section for charter vessels
must be submitted to the SRD weekly, postmarked not later than 7 days
after the end of each week (Sunday). Information to be reported is
indicated on the form and its accompanying instructions.
[[Page 81]]
(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 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,
[[Page 82]]
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 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.
[[Page 83]]
(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]
Effective Date Notes: 1. At 61 FR 43956, Aug. 27, 1996, Sec. 622.5
was amended by redesignating the text of paragraph (a)(2) as paragraph
(a)(2)(i); the heading of paragraph (a)(2) was revised; and paragraphs
(a)(1)(v), (a)(2)(ii), and (c)(6) were added, effective Oct. 28, 1996.
For the convenience of the user, the superseded text is set forth as
follows:
Sec. 622.5 Recordkeeping and reporting.
(a) * * *
(2) Reporting deadline. * * *
* * * * *
2. At 61 FR 47448, Sept. 9, 1996, Sec. 622.5 was amended by adding
paragraph (c)(7), effective Nov. 1, 1996.
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 84]]
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 or pots--(i) 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.
(ii) 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, 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.
(2) Buoys. A buoy must display the assigned number and color code so
as to be easily distinguished, located, and identified as follows--
(i) Caribbean EEZ. Each buoy must display the official number and
color code specified for the vessel by Puerto Rico or the U.S. Virgin
Islands, whichever is applicable.
(ii) Gulf and South Atlantic EEZ. Each buoy must display the 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 number and color code. However, no
color code is required on a buoy attached to a golden crab trap.
(c) 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.
(d) 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 is illegal and may be disposed of in any appropriate
manner by the Assistant Administrator or an authorized officer.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43957, Aug. 27, 1996]
Effective Date Note: At 61 FR 43957, Aug. 27, 1996, Sec. 622.6 was
amended in paragraph (a)(1)(i) introductory text by removing the
reference ``Sec. 622.4'' and adding the reference ``Sec. 622.4 or
Sec. 622.17'' in its place; in the first sentence of paragraph (c) and
in paragraph (d), the phrase ``a golden crab trap,'' is added after ``a
fish trap,''; a sentence is added at the end of paragraph (b)(1)(ii);
and a sentence is added at the end of paragraph (b)(2)(ii), effective
Oct. 28, 1996.
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 is
required under Sec. 622.4 or Sec. 622.17 without such permit.
(b) Falsify information on a permit application or submitted with
such application, as specified in Sec. 622.4 (b) or (g) or Sec. 622.17.
(c) Fail to display a permit or endorsement, as specified in
Sec. 622.4(i) or Sec. 622.17(g).
(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--
[[Page 85]]
(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]
Effective Date Note: At 61 FR 43957, Aug. 27, 1996, Sec. 622.7 was
amended by revising paragraphs (a) and (c) and adding paragraph (z),
effective Oct. 28, 1996. For the convenience of the user, the superseded
text is set forth as follows:
Sec. 622.7 Prohibitions.
(a) Engage in an activity for which a valid Federal permit is
required under Sec. 622.4 without such permit.
* * * * *
(c) Fail to display a permit or endorsement, as specified in
Sec. 622.4(i).
* * * * *
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.
[[Page 86]]
(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]
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 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
[[Page 87]]
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.
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.
[[Page 88]]
(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 ``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.
[[Page 89]]
(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:
(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
[[Page 90]]
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 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.
[[Page 91]]
(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 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
[[Page 92]]
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 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:
[[Page 93]]
(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 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
[[Page 94]]
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]
Effective Date Note: At 61 FR 43959, Aug. 27, 1996, Sec. 622.17 was
amended by adding paragraphs (a), (g), (i), and (j), effective Oct. 28,
1996.
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, may not have
on board any dynamite or similar explosive substance.
[[Page 95]]
(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. A fish trap may not be used in the South Atlantic
EEZ. A fish trap deployed in the South Atlantic EEZ may be disposed of
in any appropriate manner by the Assistant Administrator or an
authorized officer.
(d) Gillnets. A gillnet that has a float line that is more than
1,000 yd (914 m) in length or a drift gillnet may not be used in the
Gulf, Mid-Atlantic, or South Atlantic EEZ to fish for king or Spanish
mackerel; in the Gulf or South Atlantic EEZ to fish for coastal
migratory pelagic fish, other than bluefish; or in the Gulf EEZ to fish
for bluefish. A vessel in, or having fished on a trip in, the Gulf, Mid-
Atlantic, or South Atlantic EEZ with such a gillnet or a drift gillnet
on board may not have on board on that trip any of the indicated fish.
(e) 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.
(f) 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.
(g) 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.
(h) Powerheads. A powerhead may not be used in the Caribbean EEZ to
harvest Caribbean reef fish or in the EEZ off South Carolina to harvest
South Atlantic snapper-grouper. The possession of a mutilated Caribbean
reef fish in or from the Caribbean EEZ, or a mutilated South Atlantic
snapper-grouper in or from the EEZ off South Carolina, and a powerhead
is prima facie evidence that such fish was harvested by a powerhead.
(i) 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.
(j) 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.
(k) 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.
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
[[Page 96]]
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 may not be harvested or possessed in or from the Gulf
EEZ. Red drum caught in the Gulf EEZ must be released immediately with a
minimum of harm.
(3) Mid-Atlantic. Red drum may not be harvested or possessed in or
from the Mid-Atlantic EEZ south of a line extending in a direction of
115 deg. from true north commencing at a point at 40 deg.29.6' N. lat.,
73 deg.54.1' W. long., such point being the intersection of the New
Jersey/New York boundary with the 3- nm line denoting the seaward limit
of state waters. Red drum caught in such portion of the Mid-Atlantic EEZ
must be released immediately with a minimum of harm.
(4) South Atlantic. (i) Gulf and South Atlantic prohibited coral
taken as incidental catch in the South Atlantic EEZ must be returned
immediately to the sea in the general area of fishing. In fisheries
where the entire catch is landed unsorted, such as the scallop and
groundfish fisheries, unsorted prohibited coral may be landed ashore;
however, no person may sell or purchase such prohibited coral.
(ii) Jewfish and Nassau grouper may not be harvested or possessed in
or from the South Atlantic EEZ. Jewfish and Nassau grouper taken in the
South Atlantic EEZ incidentally by hook-and-line must be released
immediately by cutting the line without removing the fish from the
water.
(iii) Red drum may not be harvested or possessed in or from the
South Atlantic EEZ. Red drum caught in the South Atlantic EEZ must be
released immediately with a minimum of harm.
(iv) Wild live rock may not be harvested or possessed in the South
Atlantic EEZ.
(v) It is intended that no female golden crabs in or from the South
Atlantic EEZ be retained on board a vessel and that any female golden
crab in or from the South Atlantic EEZ be released in a manner that will
ensure maximum probability of survival. However, to accommodate
legitimate incidental catch and retention, the number of female golden
crabs in or from the South Atlantic EEZ retained on board a vessel may
not exceed 0.5 percent, by number, of all golden crabs on board. See
Sec. 622.45(f)(1) regarding the prohibition of sale of female golden
crabs.
(vi) South Atlantic snapper-grouper may not be possessed in whole,
gutted, or filleted form by a person aboard a vessel fishing for or
possessing golden crab in or from the South Atlantic EEZ or possessing a
golden crab trap in the South Atlantic. Only the head, fins, and
backbone (collectively the ``rack'') of South Atlantic snapper-grouper
may be possessed for use as bait.
(c) Limited-harvest species. A person who fishes in the EEZ may not
combine a harvest limitation specified in this paragraph (c) with a
harvest limitation applicable to state waters. A species subject to a
harvest limitation specified in this paragraph (c) taken in the EEZ may
not be transferred at sea, regardless of where such transfer takes
place, and such species may not be transferred in the EEZ.
(1) Cobia. No person may possess more than two cobia per day in or
from
[[Page 97]]
the Gulf 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]
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 the area bounded by rhumb
lines connecting, in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 17 deg.37.9' 64 deg.52.6'
B........................................... 17 deg.38.2' 64 deg.52.1'
C........................................... 17 deg.38.3' 64 deg.51.8'
D........................................... 17 deg.38.1' 64 deg.51.4'
A........................................... 17 deg.37.9' 64 deg.52.6'
------------------------------------------------------------------------
(b) Red hind spawning aggregation areas. From December 1 through
February 28, each year, fishing is prohibited in the following three
areas. 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'
D........................................... 18 deg.10.7' 65 deg.06.0'
A........................................... 18 deg.13.2' 65 deg.06.0'
------------------------------------------------------------------------
(3) West of Puerto Rico.
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 18 deg.11.0' 67 deg.25.5'
B........................................... 18 deg.11.0' 67 deg.20.4'
C........................................... 18 deg.08.0' 67 deg.20.4'
D........................................... 18 deg.08.0' 67 deg.25.5'
A........................................... 18 deg.11.0' 67 deg.25.5'
------------------------------------------------------------------------
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
[[Page 98]]
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, and shown in Figures 1 and 2, in Appendix
B of this part.
(d) Riley's Hump seasonal closure. From May 1 through June 30, each
year, fishing is prohibited in the following area bounded by rhumb lines
connecting, in order, the following points:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 24 deg.32.2' 83 deg.08.7'
B........................................... 24 deg.32.2' 83 deg.05.2'
C........................................... 24 deg.28.7' 83 deg.05.2'
D........................................... 24 deg.28.7' 83 deg.08.7'
A........................................... 24 deg.32.2' 83 deg.08.7'
------------------------------------------------------------------------
(e) Shrimp/stone crab separation zones. Five zones are established
in the Gulf EEZ and Florida's waters off Citrus and Hernando Counties
for the separation of shrimp trawling and stone crab trapping. Although
Zone II is entirely within Florida's waters, it is included in this
paragraph (e) for the convenience of fishermen. Restrictions that apply
to Zone II and those parts of the other zones that are in Florida's
waters are contained in Rule 46-38.001, Florida Administrative Code.
Geographical coordinates of the points referred to in this paragraph (e)
are as follows:
------------------------------------------------------------------------
Point North lat. West long.
------------------------------------------------------------------------
A........................................... 28 deg.59'30
'' 82 deg.45'36
''
B........................................... 28 deg.59'30
'' 83 deg.00'10
''
C........................................... 28 deg.26'01
'' 82 deg.59'47
''
D........................................... 28 deg.26'01
'' 82 deg.56'54
''
E........................................... 28 deg.41'39
'' 82 deg.55'25
''
F........................................... 28 deg.41'39
'' 82 deg.56'09
''
G........................................... 28 deg.48'56
'' 82 deg.56'19
''
H........................................... 28 deg.53'51
'' 82 deg.51'19
''
I \1\....................................... 28 deg.54'43
'' 82 deg.44'52
''
J \2\....................................... 28 deg.51'09
'' 82 deg.44'00
''
K........................................... 28 deg.50'59
'' 82 deg.54'16
''
L........................................... 28 deg.41'39
'' 82 deg.53'56
''
M \3\....................................... 28 deg.41'39
'' 82 deg.38'46
''
N........................................... 28 deg.41'39
'' 82 deg.53'12
''
O........................................... 28 deg.30'51
'' 82 deg.55'11
''
P........................................... 28 deg.40'00
'' 82 deg.53'08
''
Q........................................... 28 deg.40'00
'' 82 deg.47'58
''
R........................................... 28 deg.35'14
'' 82 deg.47'47
''
S........................................... 28 deg.30'51
'' 82 deg.52'55
''
T........................................... 28 deg.27'46
'' 82 deg.55'09
''
U........................................... 28 deg.30'51
'' 82 deg.52'09
''
------------------------------------------------------------------------
\1\ Crystal River Entrance Light 1A.
\2\ Long Pt. (southwest tip).
\3\ Shoreline.
(1) Zone I is enclosed by rhumb lines connecting, in order, points
A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points A
and J. It is unlawful to trawl in that part of Zone I that is in the EEZ
from October 5 through May 20, each year.
(2) Zone II is enclosed by rhumb lines connecting, in order, points
J, I, H, K, L, and M, plus the shoreline between points J and M.
(3) Zone III is enclosed by rhumb lines connecting, in order, points
P, Q, R, U, S, and P. It is unlawful to trawl in that part of Zone III
that is in the EEZ from October 5 through May 20, each year.
(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
[[Page 99]]
order, the points listed in Table 2, and shown in Figures 3 and 4, 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.
(2) A roller trawl may not be used in the stressed area. Roller
trawl means a trawl net equipped with a series of large, solid rollers
separated by several smaller spacer rollers on a separate cable or line
(sweep) connected to the footrope, which makes it possible to fish the
gear over rough bottom, that is, in areas unsuitable for fishing
conventional shrimp trawls. Rigid framed trawls adapted for shrimping
over uneven bottom, in wide use along the west coast of Florida, and
shrimp trawls with hollow plastic rollers for fishing on soft bottoms,
are not considered roller trawls.
(3) A fish trap may not be used in the stressed area. A fish trap
used in the stressed area will be considered unclaimed or abandoned
property and may be disposed of in any appropriate manner by the
Assistant Administrator (including an authorized officer).
(h) Texas closure. (1) From 30 minutes after 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........................................... 25 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' 81 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.
(3) 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
[[Page 100]]
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) 1997 closure of the commercial fishery for red snapper. From
January 1 through 31, 1997, the possession of red snapper in or from the
Gulf EEZ and 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).
[61 FR 34934, July 3, 1996, as amended at 61 FR 48642, Sept. 16, 1996]
Effective Date Note: At 61 FR 48642, Sept. 16, 1996, Sec. 622.34 was
amended by adding paragraph (l), effective Oct. 16, 1996.
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 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.
[[Page 101]]
(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 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
[[Page 102]]
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 hand-held
hook-and-line gear (including a manual, electric, or hydraulic 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 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
[[Page 103]]
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]
Effective Date Note: At 61 FR 47449, Sept. 9, 1996, Sec. 622.35 was
amended by adding paragraph (g), effective Oct. 9, 1996.
Sec. 622.36 Seasonal harvest limitations.
The following limitations apply in the South Atlantic EEZ:
(a) 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.
(b) 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.
(c) 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.
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 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 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 vermilion
snappers--8 inches (20.3 cm), TL.
(2) Gray, mutton, and yellowtail snappers--12 inches (30.5 cm), TL.
(3) Red snapper--
(i) Effective through December 31, 1997--15 inches (38.1 cm), TL;
(ii) Effective January 1, 1998--16 inches (40.6 cm), TL.
(4) Black, red, Nassau, 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.
[[Page 104]]
(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.
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: A
cobia in or from the Gulf or South Atlantic EEZ; a king mackerel or
Spanish mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic
EEZ; a South Atlantic snapper-grouper in or from the South Atlantic EEZ;
a yellowtail snapper in or from the Caribbean EEZ; and, except as
specified in paragraphs (c), (d), and (e) of this section, a finfish in
or from the Gulf EEZ. 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.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996]
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
[[Page 105]]
first 24 hours of that trip. The bag and possession limits apply to a
person who fishes in the EEZ in any manner, except a person aboard a
vessel in the EEZ that has on board the commercial vessel permit
required under Sec. 622.4(a)(2) for the appropriate species/species
group. However, see Sec. 622.32 for limitations on taking prohibited and
limited-harvest species. The limitations in Sec. 622.32 apply without
regard to whether the species is harvested by a vessel operating under a
commercial vessel permit or by a person subject to the bag limits. The
possession of a commercial vessel permit notwithstanding, the bag and
possession limits apply when the vessel is operating as a charter vessel
or headboat. A person who fishes in the EEZ may not combine a bag limit
specified in this section with a bag or possession limit applicable to
state waters. A species/species group subject to a bag limit specified
in this section taken in the EEZ by a person subject to the bag limits
may not be transferred at sea, regardless of where such transfer takes
place, and such fish may not be transferred in the EEZ.
(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.
(b) Gulf reef fish--(1) Bag limits. (i) Greater amberjack--3.
(ii) Groupers, combined, excluding jewfish--5.
(iii) Red snapper--5.
(iv) Snappers, combined, excluding red, lane, and vermilion
snapper--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 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 106]]
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.
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 or aboard another
vessel if such vessel has on board written consent of the owner or
operator of the vessel so endorsed. Such written consent is valid solely
for the removal of fish traps from the EEZ, and harvest of fish
incidental to such removal, when vessel or equipment breakdown prevents
the vessel with the fish trap endorsement from retrieving its traps.
(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
[[Page 107]]
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 north of 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 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 and 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
[[Page 108]]
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 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]
Effective Date Note: At 61 FR 43959, Aug. 27, 1996, Sec. 622.40 was
amended by revising paragraph (a)(3), effective Oct. 28, 1996. For the
convenience of the user, the superseded text is set forth as follows:
Sec. 622.40 Limitations on traps and pots.
(a) * * *
(3) South Atlantic EEZ. A sea bass pot 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 aboard another vessel if
such vessel has on board written consent of the owner or operator of the
vessel so permitted.
* * * * *
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
[[Page 109]]
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) King and Spanish mackerel--(1) Prohibited gear. (i) In addition
to the gear restrictions specified in Sec. 622.31, fishing gear is
prohibited for use in the Gulf, Mid-Atlantic, and South Atlantic EEZ for
migratory groups of king and Spanish mackerel as follows:
(A) King mackerel, Gulf migratory group--all gear other than hook
and line and run-around gillnet.
(B) Spanish mackerel, Gulf and Atlantic migratory groups--purse
seines.
(ii) Except for the purse seine incidental catch allowance specified
in paragraph (c)(3) of this section, a vessel in the EEZ in the area of
a migratory group or having fished in the EEZ in such area with
prohibited gear on board may not possess any of the species for which
that gear is prohibited.
(2) 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
the EEZ, or having fished on a trip in the EEZ, with a gillnet on board
that has a mesh size less than 4.75 inches (12.1 cm), stretched mesh,
may possess on that trip an incidental catch of king mackerel that does
not exceed 10 percent, by
[[Page 110]]
number, of the total lawfully possessed Spanish mackerel on board.
(ii) Spanish mackerel. 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 the
EEZ, or having fished on a trip in the EEZ, with a gillnet on board that
has a mesh size less than 3.5 inches (8.9 cm), stretched mesh, may not
possess on that trip any Spanish mackerel.
(3) 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)(1)(i)(B)
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 directed fishing for snapper-grouper in
the South Atlantic EEZ:
(i) Vertical hook-and-line gear, including a hand-held rod or a rod
attached to a vessel (``bandit'' gear), in either case, with a manual,
electric, or hydraulic reel.
(ii) Spearfishing gear.
(iii) Bottom longline.
(iv) Sea bass pot.
(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 paragraph (d)(3) 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) Use of sink nets off North Carolina. A vessel that has on board
a commercial permit for South Atlantic snapper-grouper, excluding
wreckfish, that fishes in the EEZ off North Carolina on a trip with a
sink net on board, may retain otherwise legal South Atlantic snapper-
grouper taken on that trip with vertical hook-and-line gear or a 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.
(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.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996]
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
[[Page 111]]
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. Quotas apply to persons who fish under
commercial vessel permits for Gulf reef fish, as required under
Sec. 622.4(a)(2)(v).
(1) Red snapper--4.65 million lb (2.11 million kg), round weight,
apportioned in 1996 and 1997 as follows:
(i) 3.06 million lb (1.39 million kg) available February 1, 1996,
and February 1, 1997; and
(ii) The remainder available September 15, 1996, and September 15,
1997.
(2) Deep-water groupers, that is, yellowedge grouper, misty grouper,
warsaw grouper, snowy grouper, speckled hind, and, after the quota for
shallow-water grouper is reached, scamp, combined--1.6 million lb (0.7
million kg), round weight.
(3) Shallow-water groupers, that is, all groupers other than deep-
water groupers and jewfish, 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 (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 and
Spanish mackerel, as required under Sec. 622.4(a)(2)(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 2.50 million lb
(1.13 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--1.73 million lb (0.78 million kg), which is
further divided into quotas as follows:
(1) Florida east coast subzone--865,000 lb (392,357 kg).
(2) Florida west coast subzone--865,000 lb (392,357 kg), which is
further divided into quotas by gear types as follows:
(i) 432,500 lb (196,179 kg) for vessels fishing with hook-and-line
gear.
(ii) 432,500 lb (196,179 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--0.77 million lb (0.35 million kg).
(ii) Atlantic migratory group. The quota for the Atlantic migratory
group of king mackerel is 2.70 million lb (1.22 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 4.90
million lb (2.22 million kg).
(ii) Atlantic migratory group. The quota for the Atlantic migratory
group of Spanish mackerel is 4.70 million lb (2.13 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.
[[Page 112]]
(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]
Sec. 622.43 Closures.
(a) General. When a quota specified in Sec. 622.42 is reached, or is
projected to be reached, the Assistant Administrator will file a
notification to that effect with the Office of the Federal Register. On
and after the effective date of such notification, for the remainder of
the fishing year, the following closure restrictions apply:
(1) Gulf reef fish. The bag and possession limits specified in
Sec. 622.39(b) apply to all harvest in the Gulf EEZ of the indicated
species, and the sale or purchase of the indicated species taken from
the Gulf EEZ is prohibited.
(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
and Spanish mackerel has been issued, as required under
Sec. 622.4(a)(2)(iv), may not fish for king or Spanish mackerel in the
EEZ or retain fish 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 type, except as provided for under paragraph
(a)(3)(ii) of this section.
(ii) A person aboard a vessel for which the permit indicates both
commercial king and Spanish mackerel and charter vessel/headboat for
coastal migratory pelagic fish 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(a) 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 bartered,
traded, or 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.
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
[[Page 113]]
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:
(a) King mackerel--(1) Atlantic group. (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 500 lb (227 kg)
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 and Spanish
mackerel has been issued, as required under Sec. 622.4(a)(2)(iv)--
(A) From November 1, each fishing year, until 75 percent of the
subzone's fishing year quota of king mackerel has been harvested--in
amounts not exceeding 50 king mackerel per day.
(B) From the date that 75 percent of the subzone's fishing year
quota of king mackerel has been harvested until a closure of the Florida
east coast subzone has been effected under Sec. 622.43(a)--in amounts
not exceeding 25 king mackerel per day. However, if 75 percent of the
subzone's quota has not been harvested by March 1, the vessel limit
remains at 50 king mackerel per day until the subzone's quota is filled
or until March 31, whichever occurs first.
(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 and
Spanish 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 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
[[Page 114]]
commercial permit for king and Spanish mackerel, as required by
Sec. 622.4(a)(2)(iv), 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 125 king mackerel 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 hook-and-line fishery has been effected under Sec. 622.43(a)--
in amounts not exceeding 50 king mackerel 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 king and 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 king and Spanish mackerel has been issued, as
required under Sec. 622.4(a)(2)(iv)--
(A) From April 1 through November 30, in amounts exceeding 1,500 lb
(680 kg).
(B) From December 1 until 75 percent of the adjusted quota is taken,
in amounts as follows:
(1) Mondays, Wednesdays, and Fridays--unlimited.
(2) Tuesdays and Thursdays--not exceeding 1,500 lb (680 kg).
(3) Saturdays and Sundays--not exceeding 500 lb (227 kg).
(C) After 75 percent of the adjusted quota is taken until 100
percent of the adjusted quota is taken, in amounts not exceeding 1,000
lb (454 kg).
(D) After 100 percent of the adjusted quota is taken through the end
of the fishing year, in amounts not exceeding 500 lb (227 kg).
(2) For the purpose of paragraph (b)(1)(ii) of this section, the
adjusted quota is 4.45 million lb (2.02 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) 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):
[[Page 115]]
(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. This paragraph (e) is effective through
December 31, 1997.
(1) Except as provided in paragraph (e)(2) of this section, 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 is 200 lb (91 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 Gulf red snapper endorsement is 2,000 lb (907 kg), round or
eviscerated weight.
(3) 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 with such permit--
(i) May not possess red snapper in or from the Gulf in excess of the
appropriate vessel trip limit, as specified in paragraph (e)(1) or
(e)(2) of this section.
(ii) May not transfer at sea red snapper in or from the Gulf.
[61 FR 34934, July 3, 1996, as amended at 61 FR 48415, Sept. 13, 1996;
61 FR 48851, Sept. 17, 1996]
Sec. 622.45 Restrictions on sale/purchase.
In addition to restrictions on sale/purchase related to closures, as
specified in Sec. 622.43 (a) and (b), restrictions on sale and/or
purchase apply as follows.
(a) Caribbean coral reef resource. (1) No person may sell or
purchase a Caribbean prohibited coral harvested in the Caribbean EEZ.
(2) A Caribbean prohibited coral that is sold in Puerto Rico or the
U.S. Virgin Islands will be presumed to have been harvested in the
Caribbean EEZ, unless it is accompanied by documentation showing that it
was harvested elsewhere. Such documentation must contain:
(i) The information specified in subpart K of part 300 of this title
for marking containers or packages of fish or wildlife that are
imported, exported, or transported in interstate commerce.
(ii) The name and home port of the vessel, or the name and address
of the individual, harvesting the Caribbean prohibited coral.
(iii) The port and date of landing the Caribbean prohibited coral.
(iv) A statement signed by the person selling the Caribbean
prohibited coral attesting that, to the best of his or her knowledge,
information, and belief, such Caribbean prohibited coral was harvested
other than in the Caribbean EEZ or the waters of Puerto Rico or the U.S.
Virgin Islands.
(b) Caribbean reef fish. A live red hind or live mutton snapper in
or from the Caribbean EEZ may not be sold or purchased and used in the
marine aquarium trade.
(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
[[Page 116]]
snapper-grouper, as required under Sec. 622.4(a)(2)(iv), 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.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43960, Aug. 27, 1996; 61
FR 47449, Sept. 9, 1996]
Effective Date Notes:1. At 61 FR 43960, Aug. 27, 1996, Sec. 622.45
was amended by adding paragraphs (f)(2) through (f)(4), effective Oct.
28, 1996.
2. At 61 FR 47449, Sept. 9, 1996, Sec. 622.45 was amended by adding
paragraph (g), effective Nov. 1, 1996.
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.
[[Page 117]]
(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 migratory
groups of king or Spanish mackerel: MSY, TAC, quotas, bag limits, size
limits, vessel trip limits, closed seasons or areas, gear restrictions,
and initial permit requirements.
(d) Gulf reef fish. (1) For species or species groups: Target dates
for rebuilding 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 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.
[61 FR 34934, July 3, 1996, as amended at 61 FR 43960, Aug. 27, 1996]
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
[[Page 118]]
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
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
[[Page 119]]
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
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
[[Page 120]]
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
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
[[Page 121]]
Queen triggerfish, Balistes vetula
Carangidae--Jacks
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Haemulidae--Grunts
Tomtate, Haemulon aurolineatum
White grunt, Haemulon plumieri
Pigfish, Orthopristis chrysoptera
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--Sea Basses and Groupers
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Black sea bass, Centropristis striata
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
Sparidae--Porgies
Grass porgy, Calamus arctifrons
Jolthead porgy, Calamus bajonado
Knobbed porgy, Calamus nodosus
Littlehead porgy, Calamus proridens
Pinfish, Lagodon rhomboides
Red porgy, Pagrus
Table 4 of Appendix A to Part 622--South Atlantic Snapper-Grouper
Balistidae--Triggerfishes
Gray triggerfish, Balistes capriscus
Queen triggerfish, Balistes vetula
Ocean triggerfish, Canthidermis sufflamen
Carangidae--Jacks
Yellow jack, Caranx bartholomaei
Blue runner, Caranx crysos
Crevalle jack, Caranx hippos
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Ephippidae--Spadefishes
Spadefish, Chaetodipterus faber
Haemulidae--Grunts
Black margate, Anisotremus surinamensis
Porkfish, Anisotremus virginicus
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
Smallmouth grunt, Haemulon chrysargyreum
French grunt, Haemulon flavolineatum
Spanish grunt, Haemulon macrostomum
Cottonwick, Haemulon melanurum
Sailors choice, Haemulon parrai
White grunt, Haemulon plumieri
Blue stripe grunt, Haemulon sciurus
Labridae--Wrasses
Hogfish, Lachnolaimus maximus
Puddingwife, Halichoeres radiatus
Lutjanidae--Snappers
Black snapper, Apsilus dentatus
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Schoolmaster, Lutjanus apodus
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray snapper, Lutjanus griseus
Mahogany snapper, Lutjanus mahogoni
Dog snapper, Lutjanus jocu
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Blueline tilefish, Caulolatilus microps
Golden tilefish, Lopholatilus chamaeleonticeps
Sand tilefish, Malacanthus plumieri
Percichthyidae--Temperate basses
Wreckfish, Polyprion americanus
Serranidae--Sea Basses and Groupers
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Black sea bass, Centropristis striata
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Jewfish, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Warsaw grouper, Epinephelus nigritus
[[Page 122]]
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
Whitebone porgy, Calamus leucosteus
Knobbed porgy, Calamus nodosus
Red porgy, Pagrus
Longspine porgy, Stenotomus caprinus
Scup, Stenotomus chrysops
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
waters north of Dry Tortugas..... 24 deg.48.0' 82 deg.48.0'
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
Middle Ground.................... 28 deg.11.0' 84 deg.00.0'
7 Southwest corner of Florida
Middle Ground.................... 28 deg.11.0' 84 deg.07.0'
8 West corner of Florida Middle
Ground........................... 28 deg.26.6' 84 deg.24.8'
9 Northwest corner of Florida
Middle Ground.................... 28 deg.42.5' 84 deg.24.8'
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
bell buoy--20 fathoms............ 29 deg.21.0' 85 deg.30.0'
13 South of Cape San Blas lighted
bell buoy--50 fathoms............ 28 deg.58.7' 85 deg.30.0'
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
Mississippi River................ 29 deg.14.5' 88 deg.28.0'
18 South of Southwest Pass of the
Mississippi River................ 28 deg.46.5' 89 deg.26.0'
19 Northwest tip of Mississippi
Canyon........................... 28 deg.38.5' 90 deg.08.5'
20 West side of Mississippi
Canyon........................... 28 deg.34.5' 89 deg.59.5'
21 South of Timbalier Bay........ 28 deg.22.5' 90 deg.02.5'
22 South of Terrebonne Bay....... 28 deg.10.5' 90 deg.31.5'
23 South of Freeport............. 27 deg.58.0' 95 deg.00.0'
24 Off Matagorda Island.......... 27 deg.43.0' 96 deg.02.0'
25 Off Aransas Pass.............. 27 deg.30.0' 96 deg.23.5'
26 Northeast of Port Mansfield... 27 deg.00.0' 96 deg.39.0'
27 East of Port Mansfield........ 26 deg.44.0' 96 deg.37.5'
28 Northeast of Port Isabel...... 26 deg.22.0' 96 deg.21.0'
29 U.S./Mexico EEZ boundary...... 26 deg.00.5' 96 deg.24.5'
Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of
Texas' waters.
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or
submarine area.
Table 2 of Appendix B to Part 622.--Seaward Coordinates of the Stressed
Area
------------------------------------------------------------------------
Point No. and reference location
\1\ North lat. West long.
------------------------------------------------------------------------
1 Seaward limit of Florida's
waters northeast of Dry Tortugas. 24 deg.45.5' 82 deg.41.5'
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
waters east of Cape St. George... 29 deg.35.5' 84 deg.38.6'
Thence westerly along the seaward
limit of Florida's waters to:
11 Seaward limit of Florida's
waters south of Cape San Blas.... 29 deg.32.2' 85 deg.27.1'
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
border........................... 29 deg.34.5' 87 deg.38.0'
16 Off Mobile Bay................ 29 deg.41.0' 88 deg.00.0'
17 South of Alabama/Mississippi
border........................... 30 deg.01.5' 88 deg.23.7'
[[Page 123]]
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
waters off North Pass of the
Mississippi River................ 29 deg.16.3' 89 deg.00.0'
Thence southerly and westerly
along the seaward limit of
Louisiana's waters to:
21 Seaward limit of Louisiana's
waters off Southwest Pass of the
Mississippi River................ 28 deg.57.3' 89 deg.28.2'
22 Southeast of Grand Isle....... 29 deg.09.0' 89 deg.47.0'
23 Quick flashing horn buoy south
of Isles Dernieres............... 28 deg.32.5' 90 deg.42.0'
24 Southeast of Calcasieu Pass... 29 deg.10.0' 92 deg.37.0'
25 South of Sabine Pass--10
fathoms.......................... 29 deg.09.0' 93 deg.41.0'
26 South of Sabine Pass--30
fathoms.......................... 28 deg.21.5' 93 deg.28.0'
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.
[[Page 124]]
Appendix C to Part 622--Fish Length Measurements
[GRAPHIC] [TIFF OMITTED] TR03JY96.000
Figure 1 of Appendix C to Part 622--Carapace Length
[[Page 125]]
[GRAPHIC] [TIFF OMITTED] TR03JY96.001
Figure 2 of Appendix C to Part 622--Fork Length, Total Length, and
Length for Deheaded Greater Amberjack
[[Page 126]]
PART 628--ATLANTIC BLUEFISH FISHERY--Table of Contents
Subpart A--General Provisions
Sec.
628.1 Purpose and scope.
628.2 Definitions.
628.3 Relation to other laws.
628.4 Permits and fees.
628.5 Prohibitions.
628.6 Facilitation of enforcement.
628.7 Penalties.
Subpart B--Management Measures
628.20 Fishing year.
628.21 Possession limit.
628.22 Catch monitoring, commercial controls, and gear restrictions.
628.23 Closure of fishery.
Authority: 16 U.S.C. 1801 et seq.
Source: 55 FR 18733, May 4, 1990, unless otherwise noted.
Subpart A--General Provisions
Sec. 628.1 Purpose and scope.
The regulations in this part implement the Fishery Management Plan
for the Bluefish Fishery, which was prepared and adopted by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine
Fisheries Commission in cooperation with the New England and South
Atlantic Fishery Management Councils. These regulations govern the
conservation and management of Atlantic bluefish in the EEZ.
Sec. 628.2 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:
Bluefish means Pomatomus saltatrix. Bluefish, for the purposes of
this part, refers to bluefish in the Atlantic EEZ from the eastern coast
of Florida to Maine.
Charter or party boat means any vessel that carries passengers for
hire to engage in fishing.
Commission means the Atlantic States Marine Fisheries Commission.
Committee means the Bluefish FMP Review and Monitoring Committee of
the Council.
Council means the Mid-Atlantic Fishery Management Council.
Fishery Management Plan (FMP) means the Fishery Management Plan for
the Bluefish Fishery and any amendments thereto.
Fishing 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.
NEFC means the Northeast Fisheries Center, NMFS, Water Street, Woods
Hole, MA 02543.
Pair trawl means a net attached to and towed by two vessels.
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.
Purse seine means a floated and weighted net that is closed by means
of a draw string threaded through rings attached to the bottom of the
net.
Regional Director means the Director, Northeast Region, NMFS, 1
Blackburn Drive, Gloucester, MA 01930, telephone 508-281-9243, or a
designee.
Regulated fishery means any fishery of the United States which is
regulated under the Magnuson Act.
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 an opening
greater than \1/4\ the length of the net if the opening is obstructed in
any fashion.
Vessel length means that length specified on State registration or
U.S. Coast Guard documentation.
Sec. 628.3 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) Additional regulations governing fishing for bluefish by foreign
vessels in the EEZ are set forth in 50 CFR part 611, subparts A and C.
Sec. 628.4 Permits and fees.
(a) General. (1) 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.
[[Page 127]]
(2) Any person who applies for a permit under this section, or who
uses a valid state permit to sell fish harvested from the EEZ, must
agree as a condition of using either permit that his/her bluefish catch
and gear (without regard to whether fishing occurs in the EEZ or
landward of the EEZ, and without regard to where such bluefish or gear
are possessed, taken, or landed) will be subject to all the requirements
of this part. All such catch and gear will remain subject to any
applicable State or local requirements. If a requirement of this part
and a conservation measure required by a state or local law differ, any
person issued a permit under this section or using a valid State permit
to sell bluefish harvested from the EEZ must comply with the more
restrictive requirement.
(b) Application. (1) An application for a permit under this part
must be signed by the applicant on an appropriate form obtained from the
Regional Director and submitted at least 30 days prior to the date on
which the applicant desires to have the permit made effective.
(2) An applicant must provide all the following information:
(i) The name, mailing address, including zip code, and telephone
number of the applicant;
(ii) The height, weight, hair color, and eye color of an individual
applicant;
(iii) If the applicant represents a corporation, the certificate of
incorporation;
(iv) Percentage of annual income derived from the sale of bluefish;
and
(v) Any other information required by the Regional Director.
(3) Upon receipt of an incomplete or improperly executed
application, the Regional Director will notify the applicant of the
deficiency in the application. If the applicant fails to correct the
deficiency within 21 days following the date of notification, the
application will be discarded.
(4) Any change in the information specified in paragraph (b)(2) of
this section must be submitted by the applicant in writing to the
Regional Director within 15 days of the change.
(c) Fees. The Regional Director may charge a fee consistent with the
Magnuson Act for the issuance of the federal permit.
(d) Issuance. The Regional Director will issue a permit to the
applicant no later than 30 days from the receipt of a completed
application.
(e) Duration. A permit will continue in effect until December 31 of
each year unless it is revoked, suspended, or modified under 15 CFR part
904.
(f) Alteration. No person may alter, erase, or mutilate any permit.
Any permit which has been altered, erased, or mutilated is invalid.
(g) Replacement. Replacement permits may be issued by the Regional
Director when requested in writing by the applicant, stating the need
for replacement and the fishing permit number assigned. An application
for a replacement permit will not be considered a new application. The
Regional Director may charge a fee consistent with the Magnuson Act for
the issuance of the replacement permit.
(h) Transfer. Permits issued under this part are not transferable or
assignable. A permit will be valid only for the person for which it is
issued.
(i) Display. A person issued a permit under this section must be
able to present the permit for inspection when requested by an
authorized officer.
(j) Suspension and revocation. Subpart D of 15 CFR part 904 (Civil
Procedures) governs the imposition of sanctions against a permit issued
under this part.
Sec. 628.5 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) Possess in or harvest from the EEZ Atlantic bluefish in excess
of the daily possession limit specified in Sec. 628.21, unless that
person has a permit meeting the requirements of Sec. 628.4(a);
(b) 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 Act, or
any regulation or permit issued under the Magnuson Act;
(c) Fish under a permit meeting the requirements of Sec. 628.4(a) in
violation of a notice of restriction published under Sec. 628.22;
[[Page 128]]
(d) Fish in the EEZ under a permit meeting the requirements of
Sec. 628.4(a) during a closure under Sec. 628.23;
(e) Fail to report to the Regional Director within 15 days, any
change in the information in the application for a permit under
Sec. 628.4;
(f) Fail to present any permit meeting the requirements of
Sec. 628.4(a) upon request of an authorized officer;
(g) Sell any Atlantic bluefish harvested from the EEZ unless that
person has a permit that meets the requirements of Sec. 628.4(a);
(h) Make any false statement, written or oral, to an authorized
officer concerning the taking, catching, harvesting, landing, purchase,
sale, possession, or transfer of any Atlantic bluefish; or
(i) Violate any other provision of this part, the Magnuson Act, or
any regulation or permit issued under the Magnuson Act.
Sec. 628.6 Facilitation of enforcement.
See Sec. 620.8 of this chapter.
Sec. 628.7 Penalties.
See Sec. 620.9 of this chapter.
Subpart B--Management Measures
Sec. 628.20 Fishing year.
The fishing year is from January 1 through December 31.
Sec. 628.21 Possession limit.
(a) Possession limit. (1) No person shall possess more than ten
bluefish unless he/she has a permit meeting the requirements of
Sec. 628.4(a).
(2) Bluefish caught while in possession of a permit meeting the
requirements of Sec. 628.4(a) must be kept separate from the pooled
catch and in the possession of the permit holder at all times.
(3) If Atlantic bluefish are filleted into two or more sections,
such fillets shall be deemed to be whole Atlantic bluefish using a ratio
of 1:2 (two fillets to one whole fish). If Atlantic bluefish are
filleted into a single (butterfly) fillet, such fillets shall be deemed
to be whole Atlantic bluefish.
(4) Atlantic bluefish harvested from party and charter boats or
other vessels carrying more than one person may be commingled.
Compliance with the daily possession limit will be determined by
dividing the number of Atlantic bluefish on board by the number of
persons on board, provided, however, that if a person or persons on
board are fishing under a permit meeting the requirements of
Sec. 628.4(a), his/her catch shall not be counted for determining
compliance with the possession limit if it is maintained in the
possession of such person(s). If there is a violation of the possession
limit on board a vessel carrying more than one person, the violation
shall be deemed to have been committed by the owner and/or operator.
(b) Adjustment of the possession limit. The Secretary may adjust the
possession limit within a range of 0 to 15 Atlantic bluefish based on a
recommendation of the Council and Commission. The Secretary will publish
a notice of any proposed adjustment, together with the basis for such
adjustment in the Federal Register. The public may comment on the
adjustment for 15 days after the date of the publication. After
consideration of public comments, the Secretary may publish a notice of
any adjustment in the possession limit in the Federal Register.
Sec. 628.22 Catch monitoring, commercial controls, and gear restrictions.
(a) The Committee will review bluefish catch statistics, a
projection of the commercial share for the next fishing year, and the
most recent stock assessment prior to August 15th of each year. The
Committee will report to the Council and the Commission.
(b) The Council and the Commission will review the report of the
Committee. If the report indicates that the commercial catch for the
next fishing year will equal or exceed 20 percent of the total catch
(recreational catch plus commercial landings) of Atlantic bluefish, the
Council and Commission will propose the commercial controls to be
implemented at the start of the upcoming year. If the report indicates
that the commercial catch will be greater than 17 percent but less than
20 percent of the total catch of Atlantic bluefish, or that the
commercial share for the last full year is 50 percent greater than
[[Page 129]]
the previous year's commercial share, the Council and Commission will
determine whether commercial controls are necessary. In making such a
determination the Council and Commission will consider:
(1) The most recent catch data;
(2) Trends in the fishery; and
(3) Any other relevant factors.
(c) If the catch in the commercial fishery is projected to equal or
exceed the 20 percent limit during the upcoming year, then a State
allocation system will be implemented. This will entail the use of
landings data from the most recent 10-year period for each State, to
determine the average percentage of each State's coastwide commercial
landings. These percentages will be used to determine the amount of the
coastwide quota allocated to each State. Quotas will apply to landings
in each State, regardless of where the bluefish were caught.
(d) If whole Atlantic bluefish are processed into fillets at sea,
then fillet weight will be converted to whole weight at the State of
landing by multiplying fillet weight by 2.5. If whole Atlantic bluefish
are headed and gutted at sea, then the conversion is accomplished by
multiplying headed/gutted weight by 1.5.
(e) If the Council concludes that the increase in the commercial
catch is attributable to the use of purse seines, pair trawls, or
encircling (runaround) gillnets, then it will propose restrictions
applicable to that gear type. In determining what restrictions are
necessary to control the catch of Atlantic bluefish by commercial
fishermen using these gear, the Council may consider:
(1) Trip limits;
(2) Area closures;
(3) Banning the use of these gear types; or
(4) Any other measures it deems appropriate.
(f) The Regional Director will review any gear restriction(s)
proposed by the Council. If the Regional Director concurs that the
proposed gear restrictions are consistent with the goals and objectives
of the FMP, the national standards, and other applicable law, the
Regional Director will recommend that the Secretary publish a notice of
the proposed restriction in the Federal Register with a 30-day public
comment period. After consideration of public comments, the Secretary
may publish a notice in the Federal Register specifying the final
restriction(s).
(g) The Secretary may rescind a notice of restriction in the Federal
Register if he finds, based on the advice of the Council through the
process set forth in paragraphs (a) and (b) of this section, that the
restriction is no longer necessary.
Sec. 628.23 Closure of fishery.
The Regional Director shall close the commercial fishery for
Atlantic bluefish in the EEZ if the commercial fisheries for Atlantic
bluefish have been closed in all Atlantic coastal States.
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, off-loading, and sale.
630.22 Gear restrictions.
630.23 Harvest limitations.
630.24 Quotas.
630.25 Closures and bycatch 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.
Figures--Part 630
Figure 1--Cleithrum to keel (CK) measurement of swordfish.
[[Page 130]]
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 swordfish stock.
(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]
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 in the United States who first receives, 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 North
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, north of
5 deg. N. latitude. The North Atlantic swordfish stock is the management
unit for these regulations.
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.
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]
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.
[[Page 131]]
(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 permits. (i) Except as provided
by paragraph (a)(1)(ii) of this section, the owner of a vessel of the
United States--
(A) That fishes for or possesses swordfish in or from the North
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, north of
5 deg.N. latitude, or
(B) That takes such swordfish as bycatch, whether or not retained--
must have an annual vessel permit.
(ii) The owner of a vessel that fishes for or possesses swordfish in
or from the North Atlantic Ocean, including the Gulf of Mexico and
Caribbean Sea, north of 5 deg.N. latitude--
(A) In the recreational fishery, or
(B) Shoreward of the outer boundary of the EEZ around Puerto Rico
and the Virgin Islands with only handline gear aboard--is exempt from
the requirement to have a permit.
(2) Annual dealer permits. A dealer who receives swordfish harvested
or possessed by a vessel of the United States must have an annual dealer
permit.
(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 132]]
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]
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, yellowfin
tuna, bigeye tuna, and albacore. Each tally sheet must show the dealer
[[Page 133]]
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 anything carried aboard obstructs the
[[Page 134]]
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 to a dealer who does not have an annual dealer permit required
under Sec. 630.4(a)(2).
(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 is subject to the
donation program in subpart D of this part, as specified at
[[Page 135]]
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.
[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]
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, off-loading, and sale.
(a) A swordfish harvested from the North Atlantic Ocean, including
the Gulf of Mexico and Caribbean Sea, north of 5 deg.N. latitude may not
be transferred at sea, regardless of where the transfer takes place; and
in the North Atlantic Ocean, including the Gulf of Mexico and Caribbean
Sea, north of 5 deg.N. latitude a swordfish may not be transferred at
sea regardless of where the swordfish was harvested.
(b) A swordfish harvested from or possessed in the North Atlantic
Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5 deg.N.
latitude 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, except that a
swordfish that 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 U.S. Virgin Islands
with only handline gear aboard may be sold, traded, or bartered.
(c) A swordfish harvested from or possessed in the North Atlantic
Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5 deg.N.
latitude may be initially purchased, traded, or bartered or attempted to
be purchased, traded, or bartered only by a dealer having a dealer
permit issued under Sec. 630.4.
[[Page 136]]
(d) A swordfish harvested from or possessed in the North Atlantic
Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5 deg.N.
latitude in the recreational fishery may not be sold, purchased, traded,
or bartered or attempted to be sold, purchased, traded, or bartered.
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 management unit 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 in the North Atlantic
Ocean, including the Gulf of Mexico and the Caribbean Sea, north of
5 deg.N. latitude must be in whole or dressed form, and a swordfish
landed from a fishing vessel in an Atlantic, Gulf of Mexico, or
Caribbean coastal state must be maintained in whole or dressed form
through off-loading, 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]
Sec. 630.24 Quotas.
(a) Applicability. 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.
(b) Directed-fishery quota.
(1) The directed fishery quota for the period January 1, 1996,
through May 31, 1996, is 1,021 mt dressed weight for the longline
fishery, 22.5 mt dressed weight for the drift gillnet fishery, and 106
mt dressed weight for the bycatch fishery.
(2) The annual quota for the directed fishery for swordfish is 2,371
mt dressed weight, divided into two semiannual quotas as follows:
(i) For the semiannual period June 1 through November 30:
(A) 23.45 mt dressed weight, that may be harvested by drift gillnet.
(B) 1,162.05 mt dressed weight that may be harvested by longline and
harpoon. To account for harvested fish that are discarded dead, only
1064.44 mt dressed weight, may be landed in this category.
(ii) For the semiannual period December 1 through May 31:
(A) 23.45 mt dressed weight that may be harvested by drift gillnet.
[[Page 137]]
(B) 1,162.05 mt dressed weight that may be harvested by longline and
harpoon. To account for harvested fish that are discarded dead, only
1064.44 mt dressed weight may be landed in this category.
(3) Notwithstanding any other provision of this part, the sub-quotas
for the drift gillnet fishery for January 1 - November 30, 1996, are
available as follows:
(i) For the period January 1 through June 30, 22.5 mt dressed
weight; and
(ii) For the period July 1 through November 30, 23.45 mt dressed
weight.
(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.
(c) Bycatch quota. The annual bycatch quota for swordfish is 560,000
pounds (254,014 kg), dressed weight.
(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) Any adjustments to the 12-month directed-fishery quota will be
apportioned equally between the June 1 through November 30 and December
1 through May 31 semiannual periods.
(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.
(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
[[Page 138]]
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]
Sec. 630.25 Closures and bycatch limits.
(a) Notice of closure. (1) When a directed-fishery annual, semi-
annual, or gear quota specified in Sec. 630.24 is reached, or is
projected to be reached, NMFS will publish a notice in the Federal
Register to close the entire directed fishery for fish from the North
Atlantic swordfish stock, the drift gillnet fishery, or the harpoon and
longline fisheries, as appropriate. 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
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 June 1 through
November 30 semiannual period, swordfish not exceeding 21,500 lb (9,752
kg), dressed weight, may be set aside for the harpoon segment of the
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 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,
[[Page 139]]
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]
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 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:
[[Page 140]]
(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 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
[[Page 141]]
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 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.
[[Page 142]]
(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 143]]
[GRAPHIC] [TIFF OMITTED] TC03MR91.058
[56 FR 65021, Dec. 13, 1991]
[[Page 144]]
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 145]]
(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 146]]
(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 147]]
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 148]]
(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 149]]
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.
(ii) EEZ off the Gulf states, other than Florida. There is a 2-day
special recreational fishing season in the EEZ off
[[Page 150]]
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 diver must be measured in the water using such
measuring device and, if the spiny lobster has a carapace length of
[[Page 151]]
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, FL 32301; telephone: 904-487-0554. Copies may be
inspected at the Office of the
[[Page 152]]
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.
(e) Transfer at sea. A person who fishes for or possesses spiny
lobster in
[[Page 153]]
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.
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.
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 154]]
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 155]]
(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)
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.
(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.
[[Page 156]]
(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.
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:
(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]
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.
[[Page 157]]
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 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.
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 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.
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 restrictions.
648.53 DAS allocations.
648.54 State waters exemption.
648.55 Framework adjustments to management measures.
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.
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.
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.
[[Page 158]]
648.87 Sink gillnet requirements to reduce harbor porpoise 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 Closure.
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.
Authority: 16 U.S.C. 1801 et seq.
Source: 61 FR 34968, July 3, 1996, unless otherwise noted.
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); and the summer flounder and scup fisheries (Summer
Flounder and Scup FMP). These FMPs and the regulations in this part
govern the conservation and management of the above named fisheries.
(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]
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.
Atlantic sea scallop or scallop means Placopecten magellanicus,
throughout its range.
Black sea bass means Centropristis striata.
Blowfish (puffer) means any species in the family Tetraodontidae.
Bluefish means Pomotomus saltatrix.
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
[[Page 159]]
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 Northeast multispecies fisheries, or
the Mid-Atlantic Fishery Management Council (MAFMC) for the Atlantic
mackerel, squid, and butterfish; the Atlantic surf clam and ocean
quahog; and the summer flounder and scup fisheries.
Day(s)-at-sea (DAS), with respect to the NE multispecies and scallop
fisheries, 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.
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 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), 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.
FMP means fishery management plan.
Fourspot flounder means Paralichthys oblongus.
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.
[[Page 160]]
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).
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 two adjacent rings within the ring bag of a
dredge.
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.
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.
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 management measures. The team consists of staff from
the NEFMC and the MAFMC, NMFS' Northeast Regional Office, the NEFSC, the
USCG, an industry representative, and no more than two representatives
from each affected coastal state appointed by the Commission.
NEFSC means the Northeast Fisheries Science Center, NMFS.
Net tonnage (NT) means the net tonnage specified on the USCG
documentation for a vessel.
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 marinus.
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 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 for the purpose of, or that is capable of, catching NE
multispecies.
[[Page 161]]
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.
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, with respect to the call-in notification
system for NE multispecies, means prior to the last dock or mooring in
port from which a vessel departs 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.
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 Director means the Director, Northeast Region, NMFS, or a
designee.
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.
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.
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.
[[Page 162]]
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 sweep means the total length of the footrope on a trawl net
that is directly attached to the webbing of a net.
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]
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 permits.
(a) Fishery specific vessel permit information. (1) NE multispecies
vessels. 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
[[Page 163]]
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
Director, 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 Director by the first day of the fishing 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 Director
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 Director 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. For purposes of this paragraph
(a)(1)(i)(E)(2), a vessel not required to be documented under title 46
U.S.C. will be considered to be 5 NT. For undocumented vessels, GRT does
not apply.
(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
[[Page 164]]
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
Director 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 Director 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 Director 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 Director 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 Director. The
hearing officer shall make findings and a recommendation to the Regional
Director which shall be advisory only. Upon receiving the findings and a
recommendation, the Regional Director will issue a final decision on the
appeal. The Regional Director'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 Director authorizing the vessel to fish under the
limited access hook-gear category. The Regional Director 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 Director 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 Director 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
[[Page 165]]
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 Director 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 Director by the beginning of the
fishing year for which it is required. Information requirements for the
CPH 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 Director, 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 Director 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
[[Page 166]]
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 Director 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 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 Director 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
[[Page 167]]
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) The vessel fails to land any summer flounder at least once
within any 52-consecutive-week period.
(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.
(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 Director 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 (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 Director at least 1 day prior to the date they wish to fish
not subject to the exemption. The Regional Director 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.
(5) Mackerel, squid, and butterfish vessels--Beginning on January 1,
1997, any vessel of the United States, including party or charter
vessels, that fishes for, possesses, or lands mackerel, squid, or
butterfish in or from the EEZ, must have been issued and carry on board
a valid Loligo and butterfish moratorium permit, incidental catch
permit, mackerel and Illex permit or party/charter permit. This
requirement does not apply to recreational fishing vessels. Until
January 1, 1997, vessels that have been issued 1995 Federal mackerel,
squid, and butterfish permits and are not otherwise subject to permit
sanctions due to enforcement proceedings, may fish for, possess, or land
mackerel, squid, or butterfish in or from the EEZ.
(i) Loligo squid and butterfish moratorium permits. (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)(i) 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 meets the requirements
of paragraph (a)(3)(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:
(1) May 2, 1997.
(2) The owner retires the vessel from the fishery.
(C) Replacement vessels. See paragraph (a)(3)(i)(C) of this section.
(D) Appeal of denial of permit. (1) Any applicant denied a
moratorium permit may appeal to the Regional Director within 30 days of
the notice of denial. Any such appeal shall be in writing. The only
ground for appeal is that the
[[Page 168]]
Regional Director 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
Director'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 Director.
(3) The hearing officer shall make a recommendation to the Regional
Director.
(4) The decision on the appeal by the Regional Director is the final
decision of the Department of Commerce.
(ii) Incidental catch permits. 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 as an incidental catch in another directed fishery.
The incidental catch allowance may be revised by the Regional Director,
based upon a recommendation by the Council, following the procedure set
forth in Sec. 648.21.
(iii) Mackerel and Illex squid permits. Any vessel of the United
States may obtain a permit under this section to fish for or retain
Atlantic mackerel or Illex squid in or from the EEZ.
(iv) 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:
(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)(3)(i)(C) of this section.
(B) Application/renewal restrictions. (1) No one may apply for an
initial scup moratorium permit after August 25, 1997.
(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)(3)(i)(C) of this section.
(D) Appeal of denial of permit. (1) Any applicant denied a scup
moratorium permit may appeal to the Regional Director within 30 days of
the notice of denial. Any such appeal shall be in writing. The only
ground for appeal is that the Regional Director 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 Director'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 Director.
(3) The hearing officer shall make a recommendation to the Regional
Director.
(4) The decision on the appeal by the Regional Director 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.
(b) Permit conditions. Vessel owners who apply for a fishing vessel
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
[[Page 169]]
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
permit must also agree not to land summer flounder in any state after
the Regional Director has published a notification in the Federal
Register stating that the commercial quota for that state has been
harvested, and that no commercial quota is available. A state not
receiving an allocation of summer flounder is deemed to have no
commercial quota available. Owners and operators of vessels fishing
under the terms of a scup moratorium permit must also agree not to land
scup after the Regional Director has published a notification in the
Federal Register stating that the commercial quota has been harvested.
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
operator permitted to fish in the EEZ for surf clams and ocean quahogs
must comply with the more restrictive requirement 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 Director allows
an individual to comply with the less restrictive state minimum size
requirement, so long as fishing is conducted exclusively within state
waters.
(c) Vessel permit applications--(1) General. Applicants for a permit
under this section must submit a completed application on an appropriate
form obtained from the Regional Director. The application must be signed
by the owner of the vessel, or the owner's authorized representative,
and be submitted to the Regional Director at least 30 days before the
date on which the applicant desires to have the permit made effective.
The Regional Director 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
Director to determine whether the vessel meets the applicable
eligibility requirements specified in this section.
(2) Information requirements. (i) 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 Director: Vessel name; owner name, 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 carry
(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, names of
all owners having a 25-percent interest or more; the name and signature
of the owner or the owner's authorized representative; and permit number
of any current or, if expired,
[[Page 170]]
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 May 1, 1996, such that
it is different from that stated in the vessel's most recent application
for a Federal fisheries permit before May 1, 1996, sufficient
documentation to ascertain the different engine horsepower. However, the
engine replacement must be completed within 1 year of the date of when
the contract for the replacement engine was signed.
(B) If the length, GRT, or NT was changed or a contract to change
the length, GRT, or NT been entered into prior to May 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 when the contract for the upgrade was
signed.
(iii) An application for a multispecies permit must also contain a
copy of the vendor installation receipt from a NMFS certified VTS vendor
as described in Sec. 648.9, if the vessel has been issued a limited
access multispecies Combination Vessel permit or individual DAS category
permit, or if the applicant elects to use a VTS unit, although not
required.
(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.
(d) Fees. The Regional Director 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 Director, 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 Director 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 the
applicant has submitted all applicable reports specified in Sec. 648.7;
(ii) The application was not received by the Regional Director 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
[[Page 171]]
executed application for any permit under this part, the Regional
Director 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 paragraph (c)(2) of this section must be submitted by the
applicant in writing to the Regional Director 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 Director as
specified in paragraph (f) of this section. However, the Regional
Director may authorize the continuation of a permit if the new owner so
requests. Applications for permit continuations must be addressed to the
Regional Director.
(i) Alteration. Any permit that has been altered, erased, or
mutilated is invalid.
(j) Reissuance. Permits may be issued by the Regional Director when
requested in writing by the owner, stating the need for reissuance, the
name of the vessel, and the fishing permit number assigned. An
application for a reissued 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. Permits issued under this part are not transferable or
assignable. A permit will be valid only for the fishing vessel and owner
for which it is issued.
(l) Display. The permit must be carried, at all times, on board the
vessel for which it is issued, and must be maintained in legible
condition. The permit shall be subject to inspection upon request by any
authorized official.
(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]
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, harvested in or
from the EEZ, or issued a permit for these species under this part, must
have and carry on board a valid operator's permit issued under this
section. An operator permit issued pursuant to part 649 shall satisfy
the permitting requirement of this section. This requirement does not
apply to operators of recreational vessels.
(b) Operator permit application. Applicants for a permit under this
section must submit a completed application on an appropriate form
provided by the Regional Director. The application must be signed by the
applicant and submitted to the Regional Director at least 30 days before
the date upon which the applicant desires to have the permit made
effective. The Regional Director 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
[[Page 172]]
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 Director: 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 Director 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 Director 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 Director as specified in paragraph (k) of
this section.
(i) Reissuance. Reissued permits, for otherwise valid permits, may
be issued by the Regional Director 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 Director within 15 days of
the change in information. If written notice of the change in
information is not received by the Regional Director 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 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]
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 and have in their possession a permit for such
species issued under this section. As of January 1, 1997, all mackerel,
squid, or butterfish dealers and all scup dealers must have been issued
and have in their possession a valid dealers permit for those 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 Director: Company name, place(s) of business (principal place
of business if applying for a surf clam and ocean quahog permit),
mailing address(es) and
[[Page 173]]
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 Director 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 Director
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 Director as
required by paragraph (j) of this section.
(h) Reissuance. Reissued permits, for otherwise valid permits, may
be issued by the Regional Director 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]
Sec. 648.7 Recordkeeping and reporting requirements.
(a) Dealers--(1) Weekly report. Federally-permitted dealers must
send by mail to the Regional Director, or official designee, on a weekly
basis on forms supplied by or approved by the Regional Director 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. If authorized in writing by the Regional Director, dealers
may submit reports electronically or through other media. The following
information, and any other information required by the Regional
Director, must be provided in the report:
(i) Summer flounder, scallop, NE multispecies, and, as of January 1,
1997, mackerel, squid or butterfish, and scup 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.
(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) Annual report. All persons required to submit reports under
paragraph (a)(1) of this section are required to submit the following
information on an
[[Page 174]]
annual basis, on forms supplied by the Regional Director:
(i) Summer flounder, scallop, NE multispecies, and, as of January 1,
1997, mackerel, squid, or butterfish, and scup 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 Director.
(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
Director.
(b) Vessel owners--(1) Fishing Vessel Log Reports--(i) Owners of
vessels issued a moratorium permit for summer flounder, mackerel, squid,
or butterfish, or scup, or a permit for sea scallop, or multispecies.
The owner or operator of any vessel issued a moratorium vessel permit
for summer flounder, or, as of January 1, 1997, for mackerel, squid, or
butterfish, or scup, 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 Director. If
authorized in writing by the Regional Director, 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 Director, 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).
(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 Director, 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 scallops or multispecies, or, as of January
1, 1997, a moratorium permit for mackerel, squid, or butterfish, or
scup, in which case a fishing log report is required for each trip
regardless of species retained. If authorized in writing by the Regional
Director, vessel owners 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
[[Page 175]]
Regional Director, 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 Director 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. 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 year.
Contact the Regional Director 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 to submit reports, shortly after receipt of a Federal
fisheries permit. If no fishing trip is made during a month, a report so
stating must be submitted. Annual reports must be submitted to NMFS
Statistics and must be postmarked by February 10 of the following year.
(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, 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
Director or a designee on the same frequency basis.
[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996]
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.
[[Page 176]]
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 Director 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 Director.
(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 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
[[Page 177]]
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 Director, 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)(1) 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.
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
Director upon request):
VTS Demarcation Line
------------------------------------------------------------------------
Description N. Long. W. Lat.
------------------------------------------------------------------------
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''.
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''.
[[Page 178]]
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 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 Director under Sec. 648.9(a),
must have installed on board an operational VTS unit that meets the
minimum performance criteria specified in Sec. 648.9(b), or as modified
as specified in Sec. 648.9(a). Owners of such vessels must provide
documentation to the Regional Director at the time of application for a
limited access permit that the vessel has an operational VTS unit that
meets the minimum performance criteria specified in Sec. 648.9(b), or as
modified as specified in Sec. 648.9(a). If a vessel has already been
issued a limited access permit without providing such documentation, the
Regional Director shall allow at least 30 days for the vessel to instal
an operational VTS unit that meets the minimum performance criteria
specified in Sec. 648.9(b), or as modified as specified in
Sec. 648.9(a), and to provide documentation of such installation to the
Regional Director. The VTS unit shall be subject to the following
requirements and presumption:
(1) Multispecies vessels issued an individual DAS or combination
permit, scallop vessels issued a full-time or part-time limited access
scallop permit, or vessels issued a limited access multispecies or
scallop permit and whose owners elect to fish under the VTS notification
of this paragraph (b), 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 Director 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 Director 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 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
[[Page 179]]
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 Director, 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 Director that the vessel will be
participating in the DAS program or the charter/party fishery by calling
the Regional Director and providing the following information: Owner and
caller name and phone number, vessel's name and permit number, type of
trip to be taken, and that the vessel is beginning a trip. For NE
multispecies vessels, the port of departure also must be specified. A
DAS or a vessel's participation in the charter/party fishery begins once
the call has been received and a confirmation number is given by the
Regional Director.
(2) The confirmation number given by the Regional Director must be
kept on board for the duration of the trip and must be provided to an
authorized officer upon request.
(3) Upon the vessel's return to port, the vessel owner or owner's
representative must call the Regional Director and notify him/her that
the trip has ended by providing the following information: Owner and
caller name and phone number, vessel's name and permit number, and that
the vessel has ended a trip. For NE multispecies vessels, the port of
landing also must be specified. A DAS ends for all but vessels fishing
with gillnet gear when the call has been received and confirmation given
by the Regional Director. For vessels fishing with gillnet gear, DAS
continue to accrue as long as the vessel's gillnet gear remains in the
water. A trip concludes and accrual of DAS ends for a gillnet vessel
when the vessel returns to port with all of its gillnet gear that was in
the water on board, the phone call has been received, and confirmation
has been given by the Regional Director.
(4) The Regional Director 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
Sec. 648.83, 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 paragraph
(b) of this section.
(d) Temporary authorization for use of the call-in system. The
Regional Director 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 Director shall notify affected permit holders through a
letter, notification in the Federal Register, or other appropriate
means.
(e) Charter/party multispecies vessels. Charter/party multispecies
vessels that are not fishing under a multispecies DAS must declare into
and out of the charter/party fishery, providing notification under
paragraph (b) of this section, must remain in the charter/party fishery
for a minimum of 24 hours after declaring into the fishery, and are
subject to the restrictions in Sec. 648.89.
(f) Scallop vessels fishing under exemptions. Vessels fishing under
the exemptions provided by Sec. 648.54 (a) and/or (b) must notify the
Regional Director by VTS notification or through call-in notification as
follows:
[[Page 180]]
(1) VTS notification. (i) Notify the Regional Director, 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
(ii) Notify the Regional Director, 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 Director by
calling the Regional Director 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 Director of early withdrawal from the program by calling
the Regional Director, 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 Director.
(iv) The Regional Director will furnish a phone number for call-ins
upon request.
Sec. 648.11 At-sea sea sampler/observer coverage.
(a) The Regional Director may request any vessel holding a permit
for sea scallop or NE multispecies; or a moratorium permit for summer
flounder; or, as of January 1, 1997, a mackerel, squid, or butterfish,
or scup permit to carry a NMFS-approved sea sampler/observer. If
requested by the Regional Director 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 Director 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 and Research Director, as specified by the Regional
Director, 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 Director 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 Director, 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
[[Page 181]]
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 or
scup 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 or scup, or other specimens taken by the
vessel.
(2) Provide the sea sampler/observer with sea turtles, marine
mammals, summer flounder or scup, or other specimens taken by the
vessel.
(3) Provide storage for biological specimens, including cold storage
if available, and retain such specimens on board the vessel as
instructed by the sea sampler/observer, until retrieved by authorized
NMFS personnel.
(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 Director.
[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996]
Sec. 648.12 Experimental fishing.
The Regional Director 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), or H (scup), of this part for the conduct of
experimental fishing beneficial to the management of the resources or
fishery managed under that subpart. The Regional Director shall consult
with the Executive Director of the MAFMC regarding such exemptions for
the mackerel, squid, or butterfish, summer flounder and scup fisheries.
(a) The Regional Director may not grant such an exemption unless he/
she determines that the purpose, design, and administration of the
exemption is consistent with the objectives of the respective FMP, the
provisions of the Magnuson 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
Director 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 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996]
Sec. 648.13 Transfers at sea.
(a) Only vessels issued a Loligo and butterfish moratorium permit
under Sec. 648.4(a)(5) and vessels issued a mackerel, squid, and
butterfish incidental catch permit and authorized in writing by the
Regional Director to do so, may transfer or attempt to transfer Loligo
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 Director 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.
[[Page 182]]
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 Director 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 either
a NMFS-approved observer or sea sampler aboard a vessel conducting his
or her duties aboard a vessel, or an authorized officer conducting any
search, inspection, investigation, or seizure in connection with
enforcement of this part.
(9) Refuse to carry an observer or sea sampler if requested to do so
by the Regional Director.
(10) To refuse reasonable assistance to either a NMFS-approved
observer or 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 and fishing exclusively in state waters.
(14) Produce, or cause to be produced, cage tags required under this
part without written authorization from the Regional Director.
(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 presumption
set forth in Sec. 648.75(t)(1)(iii).
(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 Director 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
[[Page 183]]
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 in containers other than cages from vessels capable of carrying
cages.
(24) Offload unshucked surf clams or ocean quahogs harvested in or
from the EEZ from vessels not capable of carrying cages other than
directly into cages.
(25) Fish for surf clams or ocean quahogs in the EEZ without giving
prior notification, or 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.
(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; or
(iii) The NE multispecies were harvested in or from the EEZ by a
recreational fishing vessel.
(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 Director.
(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.
(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), or
unless the vessel has not been issued a multispecies permit and fishes
for NE multispecies exclusively in state waters.
(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), (d), (e), and (i), or unless the vessel has not been
issued a multispecies permit and fishes for multispecies exclusively in
state waters.
(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 than the
minimum size specified in Sec. 648.80(c)(2), except as provided in
Sec. 648.8 (c)(3), (d), (e), and (i), or unless the vessel has not been
issued a multispecies permit and fishes for NE
[[Page 184]]
multispecies exclusively in state waters.
(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)(2).
(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), (5), (8),
or (9). 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.
(48) Violate any provision of Sec. 648.88.
(49) Violate any of the restrictions on fishing with scallop dredge
gear specified in Sec. 648.80(h).
(50) Violate any of the provisions of 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
(h)(1) during the time period specified, except as provided in
Sec. 648.81(d), (f)(2), (g)(2), and (h)(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.
(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) of
[[Page 185]]
shucked, or 50 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 limited access scallop permit, or a letter under
Sec. 648.4(b)(2)(viii)(F); 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:
(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).
[[Page 186]]
(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 Sec. 648.23, if in possession of Loligo harvested in or
from the EEZ.
(75) Transfer Loligo or butterfish within the EEZ, unless the
vessels participating in the transfer have been issued valid Loligo and
butterfish moratorium permits or valid letters of authorization from the
Regional Director.
(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, 1998, 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.
(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 limits specified in Sec. 648.86(a), or violate
any of the other provisions of Sec. 648.86.
(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), to do any of the following:
[[Page 187]]
(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 under 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(a).
(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 requirement specified in Sec. 648.10.
(7) Possess or land per trip more than the possession limit
specified under Sec. 648.8 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 issued a limited
access multispecies hook-gear permit.
(9) Fail to declare, and be, out of the NE multispecies fishery as
required by Sec. 648.82(g), using the procedure described under
Sec. 648.82(h), as applicable.
(10) Land, or possess on board a vessel, more than the possession
limit of winter flounder specified in Sec. 648.86(b), or violate any of
the other provisions specified of Sec. 648.86(b).
(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:
(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. 648.86(a)(2).
(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 multispecies possession limit permit for scallops to possess or
land more than 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.
(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, 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
[[Page 188]]
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 (176.2 L) 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 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)(iii).
(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 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 Director.
[[Page 189]]
(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 Director.
(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 Director.
(21) Refuse or fail to carry an observer if requested to do so by
the Regional Director.
(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 (176.2 L) 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 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
[[Page 190]]
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.
(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).
(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.
(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.
[[Page 191]]
(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) Take, retain, or land mackerel, squid, or butterfish in excess
of a trip allowance specified under Sec. 648.22.
(3) Take, retain, or land mackerel, squid, or butterfish after a
total closure specified under Sec. 648.22.
(4) Fish with or possess nets or netting that do not meet the
minimum mesh requirement for Loligo specified 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).
(5) Transfer squid or butterfish at sea to another vessel, unless
that other vessel has been issued a valid Loligo squid and butterfish
fishery moratorium permit or a letter of authorization by the Regional
Director.
(6) Fail to comply with any measures implemented pursuant to
Sec. 648.21.
(7) Carry passengers for hire while fishing commercially under a
mackerel, squid, and butterfish fishery permit.
(8) 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) It is unlawful for any person to violate any terms of a letter
authorizing experimental fishing pursuant to Sec. 648.11 or to fail to
keep such letter on board the vessel during the period of the
experiment.
(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
[[Page 192]]
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.
(u) 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.
(iii) Surf clams or ocean quahogs found in cages without a valid
state tag are deemed to have been harvested in the EEZ, and to be part
of an individual's allocation, unless such individual demonstrates that
he/she has surrendered his/her surf clam and ocean quahog vessel permit
issued under Sec. 648.4 and has 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(d)(2) 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.
(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. 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. 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.
[61 FR 34968, July 3, 1996, as amended at 61 FR 39910, July 31, 1996; 61
FR 43426, Aug. 23, 1996; 61 FR 53866, Oct. 16, 1996]
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
[[Page 193]]
nearest to the point of offloading (contact the Regional Director 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 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.
Sec. 648.16 Penalties.
See Sec. 600.735.
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.
(b) Loligo--36,000 mt (79,362,000 lb).
(c) Illex--30,000 mt (66,135,000 lb).
(d) Butterfish--16,000 mt (35,272,000 lb).
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
[[Page 194]]
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.
(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.
(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
[[Page 195]]
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 Director
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 Director 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 Director 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 section may be adjusted by the Regional Director, 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.
Sec. 648.22 Closure of the fishery.
(a) General. The Assistant Administrator shall close the directed
mackerel or Loligo or Illex squid or butterfish 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 Director
projects that DAH will be attained for any of the species, the Assistant
Administrator shall close the fishery in the EEZ to all fishing for that
species, and the incidental catches specified in paragraph (c) of this
section will be prohibited.
(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 a directed fishery,
the trip limit for the species for which the fishery is closed is 10
percent, by weight, of the total amount of fish on board for a vessel
with a Loligo/butterfish moratorium permit or Illex or a mackerel
commercial permit. During a period of closure of the directed fishery
for Loligo or butterfish, the trip limit for a vessel with an incidental
catch permit for those species is 10 percent, by weight, of the total
amount of fish on board, or the allowed level of incidental catch
specified in Sec. 648.4(e)(2), whichever is less.
[[Page 196]]
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 entire net,
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 Director 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.
(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 it's entire surface is
covered with canvas or other similar material that is securely bound;
(ii) The towing wires, including the leg 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 Director and 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
[[Page 197]]
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.
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.
Subpart D--Management Measures for the Atlantic Sea Scallop Fishery
Sec. 648.50 Shell-height standard.
(a) Minimum shell height. The minimum shell height for in-shell
scallops that may be landed, or possessed at or after landing, is 3.5
inches (89 mm). Shell height is a straight line measurement from the
hinge to the outermost part of the shell, that is, the edge farthest
away from the hinge.
(b) Compliance and sampling. Compliance with the minimum shell-
height standard will be determined by inspection and enforcement at or
after landing, including the time when the scallops are received or
possessed by a dealer or person acting in the capacity of a dealer as
follows: An authorized officer will take samples of 40 scallops each, at
random, from the total amount of scallops in possession. The person in
possession of the scallops may request that as many as 10 samples (400
scallops) be examined as a sample group. A sample group fails to comply
with the standard if more than 10 percent of all scallops sampled are
less than the shell height specified. The total amount of scallops in
possession will be deemed in violation of this subpart and subject to
forfeiture, if the sample group fails to comply with the standard. All
scallops will be subject to inspection and enforcement, in accordance
with these compliance and sampling procedures, up to and including the
time when a dealer receives or possesses scallops for a commercial
purpose.
Sec. 648.51 Gear and crew restrictions.
(a) Trawl vessel gear restrictions. Trawl vessels in possession of
more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell
scallops, trawl vessels fishing for scallops, and trawl vessels issued a
limited access scallop permit under Sec. 648.4(a)(2), while fishing
under or subject to the DAS allocation program for scallops and
authorized to fish with or possess on board trawl nets pursuant to
Sec. 648.51(f), must comply with the following:
(1) Maximum sweep. The trawl sweep of nets in use by or available
for immediate use, as specified in paragraph (a)(2)(iii) of this
section, shall not exceed 144 ft (43.9 m) as measured by the total
length of the footrope that is directly attached to the webbing of the
net.
(2) Net requirements--(i) Minimum mesh size. The mesh size for any
scallop trawl net in all areas shall not be smaller than 5.5 inches
(13.97 cm).
(ii) Mesh stowage. Same as Sec. 648.23(b).
(iii) Measurement of mesh size. Mesh size is measured by using a
wedge-shaped gauge having a taper of 2 cm in 8 cm and a thickness of 2.3
mm, inserted into the meshes under a pressure or pull of 5 kg. The mesh
size is the average of the measurements of any series of 20 consecutive
meshes for nets having 75 or more meshes, and 10 consecutive meshes for
nets having fewer than 75 meshes. The mesh in the regulated portion of
the net will be measured at least five meshes away from the lacings
running parallel to the long axis of the net.
(3) Chafing gear and other gear obstructions--(i) Net obstruction or
constriction. A fishing vessel may not use any device
[[Page 198]]
or material, including, but not limited to, nets, net strengtheners,
ropes, lines, or chafing gear, on the top of a trawl net, except that
one splitting strap and one bull rope (if present), consisting of line
and rope no more than 3 inches (7.62 cm) in diameter, may be used if
such splitting strap and/or bull rope does not constrict in any manner
the top of the trawl net. ``The top of the trawl net'' means the 50
percent of the net that (in a hypothetical situation) would not be in
contact with the ocean bottom during a tow if the net were laid flat on
the ocean floor. For the purpose of this paragraph (a)(3), head ropes
shall not be considered part of the top of the trawl net.
(ii) Mesh obstruction or constriction. A fishing vessel may not use
any mesh configuration, mesh construction, or other means on or in the
top of the net, as defined in paragraph (a)(3)(i) of this section, if it
obstructs the meshes of the net in any manner.
(iii) A fishing vessel may not use or possess a net capable of
catching scallops in which the bars entering or exiting the knots twist
around each other.
(b) Dredge vessel gear restrictions. All dredge vessels fishing for
or in possession of more than 40 lb (18.14 kg) of shucked, or 5 bu
(176.2 L) of in-shell scallops, and all dredge vessels issued a limited
access scallop permit and fishing under the DAS Program, with the
exception of hydraulic clam dredges and mahogany quahog dredges in
possession of 400 lb (181.44 kg) of scallops, or less, must comply with
the following restrictions:
(1) Maximum dredge width. The combined dredge width in use by or in
possession on board such vessels shall not exceed 31 ft (9.4 m) measured
at the widest point in the bail of the dredge, except as provided under
paragraph (e) of this section. However, component parts may be on board
the vessel such that they do not conform with the definition of ``dredge
or dredge gear'' in Sec. 648.2, i.e., the metal ring bag and the mouth
frame, or bail, of the dredge are not attached, and such that no more
than one complete spare dredge could be made from these components
parts.
(2) Minimum mesh size. (i) The mesh size of net material on the top
of a scallop dredge in use by or in possession of such vessels shall not
be smaller than 5.5 inches (13.97 cm).
(ii) Mesh size is measured as provided in paragraph (a)(2)(iii) of
this section.
(3) Minimum ring size. (i) The inside ring size of a scallop dredge
in use by or in possession of such vessels shall not be smaller than 3.5
inches (89 mm).
(ii) Ring size is determined by measuring the shortest straight line
passing through the center of the ring from one inside edge to the
opposite inside edge of the ring. The measurement shall not include
normal welds from ring manufacturing or links. The rings to be measured
will be at least five rings away from the mouth, and at least two rings
away from other rigid portions of the dredge.
(4) Chafing gear and other gear obstructions--(i) Chafing gear
restrictions. No chafing gear or cookies shall be used on the top of a
scallop dredge.
(ii) Link restrictions. No more than double links between rings
shall be used in or on all parts of the dredge bag, except the dredge
bottom. No more than triple linking shall be used in or on the dredge
bottom portion and the diamonds. Damaged links that are connected to
only one ring, i.e., ``hangers,'' are allowed, unless they occur between
two links that both couple the same two rings. Dredge rings may not be
attached via links to more than four adjacent rings. Thus, dredge rings
must be rigged in a configuration such that, when a series of adjacent
rings are held horizontally, the neighboring rings form a pattern of
horizontal rows and vertical columns. (A copy of a diagram showing a
schematic of a legal dredge ring pattern is available upon request to
the Office of the Regional Director).
(iii) Dredge or net obstructions. No material, device, net, dredge,
ring, or link configuration or design shall be used if it results in
obstructing the release of scallops that would have passed through a
legal sized and configured net and dredge, as described in this part,
that did not have in use any such material, device, net, dredge, ring
link configuration or design.
(iv) Twine top restrictions. Vessels issued limited access scallop
permits that are fishing for scallops under the
[[Page 199]]
DAS Program are also subject to the following restrictions:
(A) If a vessel is rigged with more than one dredge, or if rigged
with only one dredge, such dredge is greater than 8 ft (2.44 m) in
width, there must be at least seven rows of non-overlapping steel rings
unobstructed by netting or any other material, between the terminus of
the dredge (club stick) and the net material on the top of the dredge
(twine top).
(B) For vessels rigged with only one dredge, and such dredge is less
than 8 ft (2.44 m) in width, there must be at least four rows of non-
overlapping steel rings unobstructed by netting or any other material
between the club stick and the twine top of the dredge. (A copy of a
diagram showing a schematic of a legal dredge with twine top is
available from the Regional Director upon request).
(c) Crew restrictions. Limited access vessels participating in or
subject to the scallop DAS allocation program may have no more than
seven people aboard, including the operator, when not docked or moored
in port, unless participating in the small dredge program specified in
paragraph (e) of this section, or otherwise authorized by the Regional
Director.
(d) Sorting and shucking machines. (1) Shucking machines are
prohibited on all limited access vessels fishing under the scallop DAS
program or any vessel in possession of more than 400 lb (181.44 kg) of
scallops, unless the vessel has not been issued a limited access scallop
permit and fishes exclusively in state waters.
(2) Sorting machines are prohibited on limited access vessels
fishing under the scallop DAS program that shuck scallops at sea.
(e) Small dredge program restrictions. Any vessel owner whose vessel
is assigned to either the part-time or occasional category may request,
in the application for the vessel's annual permit, to be placed in one
category higher. Vessel owners making such a request will be placed in
the appropriate category for the entire year, if they agree to comply
with the following restrictions, in addition to and notwithstanding
other restrictions of this part, when fishing under the DAS program
described in Sec. 648.53, or in possession of more than 400 lb (181.44
kg) of shucked, or 50 bu (176.2 L) of in-shell scallops:
(1) The vessel must fish exclusively with one dredge no more than
10.5 ft (3.2 m) in width.
(2) The vessel may not have more than one dredge on board or in use.
(3) The vessel may have no more than five people, including the
operator, on board.
(f) Restrictions on use of trawl nets--(1) Prohibition on use of
trawl nets. A vessel issued a limited access scallop permit fishing for
scallops under the scallop DAS allocation program may not fish with,
possess on board, or land scallops while in possession of, trawl nets
unless such vessel has on board a valid letter of authorization or
permit endorsed to fish for scallops with trawl nets.
(2) Eligibility to use trawl nets. (i) A vessel is eligible for a
letter of authorization or a permit endorsement to fish for scallops
with trawl nets if the vessel:
(A) Has not fished for scallops with a scallop dredge after December
31, 1987, and, as of July 19, 1996, has a letter of authorization or
permit endorsed to fish for scallops with trawl nets;
(B) Has fished for scallops with a scallop dredge on no more than 10
trips from January 1, 1988, through December 31, 1994, has an engine
horsepower no greater than 450, and is eligible for or has been issued a
1996 limited access scallop permit (if the vessel does not obtain a
letter of authorization or a permit endorsed to fish for scallops with
trawl nets for the 1996-97 scallop fishing year, the vessel shall not be
eligible under this provision for subsequent fishing years); or
(C) Is a replacement vessel for a vessel described in paragraph
(f)(2)(i)(A) or (B) of this section.
(ii) NMFS will contact the owners of all vessels with limited access
scallop permits that have not previously been issued a letter of
authorization or permit endorsed to fish for scallops with trawl nets as
to whether, based on information available to NMFS on July 19, 1996,
their vessels are eligible under paragraph (f)(2)(i)(B) of this section
for a letter of authorization or permit endorsed to fish for scallops
with trawl
[[Page 200]]
nets. If a vessel owner agrees with NMFS' determination that the vessel
is eligible under paragraph (f)(2)(i)(B) of this section to fish for
scallops with trawl nets, the owner must, within 30 days of receipt of
the determination, sign and submit to NMFS a declaration, provided by
NMFS, stating that the vessel has fished for scallops with a scallop
dredge on no more than 10 trips from January 1, 1988, through December
31, 1994, and has an engine with no greater than 450 horsepower. The
signed declaration shall serve as a rebuttable presumption that the
vessel qualifies for a letter of authorization or permit endorsement to
fish for scallops with trawl nets. Any replacement vessel must meet the
limitations on fishing for scallops with scallop dredges that the vessel
it is replacing met. The letter of authorization or permit endorsement
must be requested by the vessel owner at the time the vessel owner
initially applies for a permit for the replacement vessel.
[61 FR 34968, July 3, 1996, as amended at 61 FR 38405, July 24, 1996]
Sec. 648.52 Possession restrictions.
(a) Owners or operators of vessels with a limited access scallop
permit that have declared out of the DAS program as specified in
Sec. 648.10, or have used up their DAS allocations and vessels
possessing a general scallop permit, unless exempted under the state
waters exemption program described under Sec. 648.54, are prohibited
from possessing or landing per trip more than 400 lb (181.44 kg) of
shucked, or 50 bu (176.2 L) of in-shell scallops, with not more than one
scallop trip allowable in any calendar day.
(b) Owners or operators of vessels without a scallop permit, except
vessels fishing for scallops exclusively in state waters, are prohibited
from possessing or landing per trip, more than 40 lb (18.14 kg) of
shucked, or 5 bu (176.2 L) of in-shell scallops. Owners or operators of
vessels without a scallop permit are prohibited from selling, bartering,
or trading scallops harvested from Federal waters.
Sec. 648.53 DAS allocations.
(a) Assignment to DAS categories. For each fishing year, each vessel
issued a limited access scallop permit shall be assigned to the DAS
category (full-time, part-time, or occasional) it was assigned in the
preceding fishing year. Limited access scallop permits will indicate
which category the vessel is assigned to. Vessels are prohibited from
fishing for, landing per trip, or possessing more than 400 lb (181.44
kg) of shucked, or 50 bu (176.2 L) of in-shell scallops once their
allocated number of DAS, as specified under paragraph (b) of this
section, are used up.
(b) DAS allocations. Each vessel qualifying for one of the three
categories specified in paragraph (a) of this section shall be
allocated, annually, the maximum number of DAS it may participate in the
limited access scallop fishery, according to its category. A vessel
whose owner/operator has declared it out of the scallop fishery pursuant
to the provisions of Sec. 648.10, or has used up its allocated DAS, may
leave port without being assessed a DAS, so long as it does not possess
or land more than 400 lb (181.44 kg) of shucked, or 50 bu (176.2 L) of
in-shell scallops, and complies with the other requirements of this
part. The annual allocations of DAS for each category of vessel for the
fishing years indicated are as follows:
----------------------------------------------------------------------------------------------------------------
1995-96 and 1998-99 and
DAS category 1996-97 1997-98 1999-2000 2000+
----------------------------------------------------------------------------------------------------------------
Full-time................................................... 182 164 142 120
Part-time................................................... 82 66 57 48
Occasional.................................................. 16 14 12 10
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(c) Adjustments in annual DAS allocations. Adjustments or changes in
annual DAS allocations, if required to meet fishing mortality reduction
goals, may be made following a reappraisal and analysis under the
framework provisions specified in Sec. 648.55.
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(d) End-of-year carry-over. Limited access vessels with unused DAS
on the last day of February of any year may carry over a maximum of 10
DAS into the next year. At no time may more than 10 DAS be carried over.
(e) Accrual of DAS. DAS shall accrue in hourly increments, with all
partial hours counted as full hours.
(f) Good Samaritan credit. Limited access vessels fishing under the
DAS program and that spend time at sea assisting in a USCG search and
rescue operation or assisting the USCG in towing a disabled vessel, and
that can document the occurrence through the USCG, will not accrue DAS
for the time documented.
Sec. 648.54 State waters exemption.
(a) DAS exemption. Any vessel issued a limited access scallop permit
is exempt from the DAS requirements specified in Sec. 648.54(c) while
fishing exclusively landward of the outer boundary of a state's waters,
provided the vessel complies with paragraphs (c) through (f) of this
section.
(b) Gear restriction exemption--(1) Limited access permits. Any
vessel issued a limited access scallop permit that is exempt from the
DAS requirements of Sec. 648.53(c) under paragraph (a) of this section
is also exempt from the gear restrictions specified in Sec. 648.51 (a),
(b), and (e) (1) and (2) while fishing exclusively landward of the outer
boundary of the waters of a state that has been determined by the
Regional Director under paragraph (b)(3) of this section to have a
scallop fishery and a scallop conservation program that does not
jeopardize the fishing mortality/effort reduction objectives of the
Scallop FMP, provided the vessel complies with paragraphs (c) through
(f) of this section.
(2) General permits. Any vessel issued a general scallop permit is
exempt from the gear restrictions specified in Sec. 648.51 (a), (b), and
(e) (1) and (2) while fishing exclusively landward of the outer boundary
of the waters of a state that has been determined by the Regional
Director under paragraph (b)(3) of this section to have a scallop
fishery and a scallop conservation program that does not jeopardize the
fishing mortality/effort reduction objectives of the Scallop FMP,
provided the vessel complies with paragraphs (d) through (f) of this
section.
(3) State eligibility for gear exemption. (i) A state is eligible to
have vessels fishing exclusively landward of the outer boundary of the
waters of that state exempted from the gear requirements specified in
Sec. 648.51 (a), (b), and (e) (1) and (e)(2), if it has a scallop
fishery and a scallop conservation program that does not jeopardize the
fishing mortality/effort reduction objectives of the Scallop FMP.
(ii) The Regional Director shall determine which states have a
scallop fishery and which of those states have a scallop conservation
program that does not jeopardize the fishing mortality/effort reduction
objectives of the Scallop FMP.
(iii) Maine, New Hampshire, and Massachusetts have been determined
by the Regional Director to have scallop fisheries and scallop
conservation programs that do not jeopardize the fishing mortality/
effort reduction objectives of the Scallop FMP. These states must
immediately notify the Regional Director of any changes in their
respective scallop conservation program. The Regional Director will
review these changes and, if a determination is made that the state's
conservation program jeopardizes the fishing mortality/effort reduction
objectives of the Scallop FMP, or that the state no longer has a scallop
fishery, the Regional Director shall publish a final rule in the Federal
Register amending this paragraph (b)(3)(iii) to eliminate the exemption
for that state. The Regional Director may determine that other states
have scallop fisheries and scallop conservation programs that do not
jeopardize the fishing mortality/effort reduction objectives of the
Scallop FMP. In such case, the Regional Director shall publish a final
rule in the Federal Register amending this paragraph (b)(3)(iii) to
provide the exemption for such states.
(c) Notification requirements. Vessels fishing under the exemptions
provided by paragraphs (a) and/or (b) of this section must notify the
Regional Director in accordance with the provisions of Sec. 648.10(f).
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(d) Restriction on fishing in the EEZ. A vessel fishing under a
state water's exemption may not fish in the EEZ during that time.
(e) Duration of exemption. An exemption expires upon a change in the
vessel's name or ownership.
(f) Applicability of other provisions of this part. A vessel fishing
under the exemptions provided by paragraphs (a) and/or (b) of this
section remains subject to all other requirements of this part.