50 CFR Ch. VI (10–1–10 Edition) § 697.8

§ 697.8 50 CFR Ch. VI (10–1–10 Edition)

or are from a recreational fishing ves- unlawful for any person to do any of sel. the following: (ii) American lobsters or parts there- (1) Fish for horseshoe crabs in the of that are possessed, or landed at or Carl N. Shuster Jr. Horseshoe Crab Re- prior to the time when the American serve described in § 697.23(f)(1). lobsters are received by a dealer, or (2) Possess horseshoe crabs on a ves- whole American lobsters that are pos- sel with a trawl or dredge in the closed sessed by a dealer, are presumed to area described in § 697.23(f)(1). have been harvested from the EEZ or (3) Fail to return to the water imme- by a vessel with a Federal limited ac- diately without further harm, all cess American lobster permit. A pre- horseshoe crabs caught in the closed ponderance of all submitted evidence area described in § 697.23(f)(1). that such American lobsters were har- (f) Atlantic red drum fishery. In addi- vested by a vessel without a Federal tion to the prohibitions set forth in limited access American lobster permit § 600.725 of this chapter, it is unlawful and fishing exclusively for American for any person to do any of the fol- lobsters in state or foreign waters will lowing: be sufficient to rebut this presumption. (1) Harvest or possess Atlantic red (iii) The possession of egg-bearing fe- drum in the EEZ south of a line ex- ° male American lobsters, v-notched fe- tending in a direction of 115 from true ° ′ male American lobsters in violation of north commencing at a point at 40 29.6 ° ′ the v-notch requirements set forth in N. lat., 73 54.1 W. long., such point § 697.20(g), American lobsters that are being the intersection of the New Jer- smaller than the minimum size set sey/New York boundary with the 3-nm forth in § 697.20(a), American lobsters line denoting the seaward limit of state that are larger than the maximum car- waters, and north of the demarcation apace sizes set forth in § 697.20(b), or line between the South Atlantic Fish- lobster parts, possessed at or prior to ery Management Council and the Gulf the time when the aforementioned lob- of Mexico Fishery Management Coun- sters or parts are received by a dealer, cil described in § 600.105(c) of this chap- will be prima facie evidence that such ter. (2) Fail to release immediately with- American lobsters or parts were taken out further harm, all Atlantic red or imported in violation of these regu- drum caught in the EEZ area described lations. A preponderance of all sub- in paragraph (f)(1) of this section. mitted evidence that such American lobsters were harvested by a vessel not [64 FR 68248, Dec. 6, 1999, as amended at 66 holding a permit under this part and FR 8911, Feb. 5, 2001; 66 FR 14502, Mar. 13, fishing exclusively within state or for- 2001; 68 FR 56790, Oct. 2, 2003; 71 FR 13037, eign waters will be sufficient to rebut Mar. 14, 2006; 73 FR 11563, Mar. 4, 2008; 73 FR the presumption. 58061, Oct. 6, 2008; 74 FR 37551, July 29, 2009] (d) Atlantic sturgeon fishery. In addi- § 697.8 Vessel identification. tion to the prohibitions set forth in (a) § 600.725, it is unlawful for any person Vessel name and official number. Each fishing vessel issued a limited ac- to do any of the following: cess American lobster permit and over (1) Fish for Atlantic sturgeon in the 25 ft (7.6 m) in registered length must: EEZ. (1) Have affixed permanently its (2) Harvest any Atlantic sturgeon name on the port and starboard sides of from the EEZ. the bow and, if possible, on its stern. (3) Possess any natural or stocked (2) Have its official number displayed Atlantic sturgeon in or from the EEZ. on the port and starboard sides of the (4) Retain any Atlantic sturgeon deckhouse or hull, and on an appro- taken in or from the EEZ. priate weather deck so as to be clearly (5) Possess any natural Atlantic stur- visible from enforcement vessels and geon parts, including Atlantic sturgeon aircraft. The official number is the eggs, in the EEZ. USCG documentation number or the (e) Atlantic Coast Horseshoe Crab fish- vessel’s state registration number for ery. In addition to the prohibitions set vessels not required to be documented forth in § 600.725 of this chapter, it is under title 46 U.S.C.

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(b) Numerals. Except as provided in permit sanctions, seizures, and forfeit- paragraph (d) of this section, each fish- ures under the Atlantic Striped Bass ing vessel issued a limited access Conservation Act and the ACFCMA, American lobster permit must display and to the regulations of this part. its official number in block arabic numerals in contrasting color at least 18 § 697.12 At-sea sea sampler/observer inches (45.7 cm) in height for fishing coverage. vessels over 65 ft (19.8 m) in registered (a) The Regional Administrator may length, and at least 10 inches (25.4 cm) request any vessel issued a Federal in height for all other vessels over 25 ft limited access American lobster permit (7.6 m) in registered length. The reg- to carry a NMFS-approved sea sampler/ istered length of a vessel, for purposes observer. If requested by the Regional of this section, is that registered Administrator to carry a sea sampler/ length set forth in USCG or state observer, a vessel may not engage in records. any fishing operations in the respective (c) Duties of owner. The owner of each fishery unless a sea sampler/observer is vessel issued a limited access American on board, or unless the requirement is lobster permit shall ensure that— waived, as specified in paragraph (c) of (1) The vessel’s name and official this section. number are kept clearly legible and in (b) If requested in writing by the Re- good repair. gional Administrator to carry a sea (2) No part of the vessel, its rigging, sampler/observer, it is the responsi- its fishing gear, or any other object ob- bility of the vessel owner to arrange structs the view of the official number for and facilitate sea sampler/observer from any enforcement vessel or air- placement. Owners of vessels selected craft. for sea sampler/observer coverage must (d) Non-permanent marking. Vessels notify the appropriate Regional or over 25 ft (7.6 m) in registered length, Science and Research Administrator, fishing in the EEZ and carrying rec- as specified by the Regional Adminis- reational fishing parties on a per cap- trator, before commencing any fishing ita basis or by charter must use mark- trip that may result in the harvest of ings that meet the above requirements, resources of the respective fishery. No- except for the requirement that they tification procedures will be specified be affixed permanently to the vessel. in election letters to vessel owners. The non-permanent markings must be (c) The Regional Administrator may displayed in conformity with the afore- waive in writing the requirement to mentioned requirements. carry a sea sampler/observer if the fa- § 697.9 Facilitation of enforcement. cilities on a vessel for housing the sea sampler/observer, or for carrying out (a) General. See § 600.730 of this chap- sea sampler/observer functions, are so ter. inadequate or unsafe that the health or (b) Radio hails. Permit holders, while safety of the sea sampler/observer, or underway, must be alert for commu- the safe operation of the vessel, would nication conveying enforcement in- be jeopardized. structions and immediately answer via (d) An owner or operator of a vessel VHF-FM radio, channel 16, when hailed on which a NMFS-approved sea sam- by an enforcement officer. Vessels not pler/observer is embarked must: required to have VHF-FM radios by the (1) Provide accommodations and food Coast Guard are exempt from this re- that are equivalent to those provided quirement. to the crew. [64 FR 68248, Dec. 6, 1999, as amended at 73 (2) Allow the sea sampler/observer ac- FR 67809, Nov. 17, 2008] cess to and use of the vessel’s commu- nications equipment and personnel § 697.10 Penalties. upon request for the transmission and See § 600.735 of this chapter. receipt of messages related to the sea sampler’s/observer’s duties. § 697.11 Civil procedures. (3) Provide true vessel locations, by The civil procedure regulations at 15 latitude and longitude or loran coordi- CFR part 904 apply to civil penalties, nates, as requested by the sea sampler/

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