Fishery Conservation and Management Pt. 622

fins on board, or landed, exceeds 5 per- Atlantic commercial shark limited ac- cent of the total dressed weight of cess permit and who lands shark in an shark carcasses on board or landed Atlantic coastal port must have all fins from the fishing vessel. weighed in conjunction with the weigh- ing of the carcasses at the vessel’s first § 600.1023 Shark finning; possession at point of landing. Such weights must be sea and landing of shark fins. recorded on the ‘‘weighout slips’’ speci- (a)(1) No person aboard a U.S. fishing fied in § 635.5(a)(2) of this chapter. vessel shall engage in shark finning in (h) A person who owns or operates a waters seaward of the inner boundary vessel that has not been issued a Fed- of the U.S. EEZ. eral Atlantic commercial shark limited (2) No person aboard a foreign fishing access permit and who lands shark in vessel shall engage in shark finning in or from the U.S. EEZ in an Atlantic waters shoreward of the outer bound- coastal port must comply with regula- ary of the U.S. EEZ. tions found at § 635.30(c)(4) of this chap- (b) No person aboard a U.S. fishing ter. vessel shall possess on board shark fins (i) No person aboard a vessel that has harvested seaward of the inner bound- been issued a Federal Atlantic com- ary of the U.S. EEZ without the cor- mercial shark limited access permit responding carcass(es), as may be de- shall engage in shark finning. termined by the weight of the shark fins in accordance with § 600.1022(b)(2), (j) No person aboard a vessel that has except that sharks may be dressed at been issued a Federal Atlantic com- sea. mercial shark limited access permit (c) No person aboard a U.S. or foreign shall possess on board shark fins with- fishing vessel (including any cargo ves- out the corresponding carcass(es), as sel that received shark fins from a fish- may be determined by the weight of ing vessel at sea) shall land shark fins the shark fins in accordance with harvested in waters seaward of the § 600.1022(b)(2), except that sharks may inner boundary of the U.S. EEZ with- be dressed at sea. out corresponding shark carcasses, as (k) No person aboard a vessel that may be determined by the weight of has been issued a Federal Atlantic the shark fins in accordance with commercial shark limited access per- § 600.1022(b)(1). mit shall land shark fins without the (d) Except as provided in paragraphs corresponding carcass(es). (g) and (h) of this section, a person who (l) A dealer may not purchase from operates a U.S. or foreign fishing vessel an owner or operator of a fishing vessel and who lands shark fins harvested in issued a Federal Atlantic commercial waters seaward of the inner boundary shark limited access permit who lands of the U.S. EEZ shall land all fins and shark in an Atlantic coastal port fins corresponding carcasses from the ves- whose wet weight exceeds 5 percent of sel at the same point of landing and the dressed weight of the carcasses. shall have all fins and carcasses weighed at that time. PART 622—FISHERIES OF THE CAR- (e) A person may not purchase, offer IBBEAN, GULF, AND SOUTH AT- to sell, or sell shark fins taken, landed, or possessed in violation of this sec- LANTIC tion. (f) Upon request, a person who owns Subpart A—General Provisions or operates a vessel or a dealer shall Sec. allow an authorized officer or any em- 622.1 Purpose and scope. ployee of NMFS designated by a Re- 622.2 Definitions and acronyms. gional Administrator access to, and/or 622.3 Relation to other laws and regula- inspection or copying of, any records tions. pertaining to the landing, sale, pur- 622.4 Permits and fees. chase, or other disposition of shark fins 622.5 Recordkeeping and reporting. and/or shark carcasses. 622.6 Vessel and gear identification. (g) A person who owns or operates a 622.7 Prohibitions. vessel that has been issued a Federal 622.8 At–sea observer coverage.

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Subpart B—Effort Limitations 622.48 Adjustment of management meas- ures. 622.15 Wreckfish individual transferable APPENDIX A TO PART 622—SPECIES TABLES quota (ITQ) system. APPENDIX B TO PART 622—GULF AREAS 622.16 Red snapper individual transferable APPENDIX C TO PART 622—FISH LENGTH MEAS- quota (ITQ) system. 622.17 South Atlantic golden crab controlled UREMENTS access. APPENDIX D TO PART 622—SPECIFICATIONS FOR 622.18 South Atlantic snapper-grouper lim- CERTIFIED BRDS ited access. AUTHORITY: 16 U.S.C. 1801 et seq. Subpart C—Management Measures SOURCE: 61 FR 34934, July 3, 1996, unless otherwise noted. 622.30 Fishing years. 622.31 Prohibited gear and methods. 622.32 Prohibited and limited-harvest spe- Subpart A—General Provisions cies. 622.33 Caribbean EEZ seasonal and/or area § 622.1 Purpose and scope. closures. (a) The purpose of this part is to im- 622.34 Gulf EEZ seasonal and/or area clo- plement the FMPs prepared under the sures. Magnuson Act by the CFMC, GMFMC, 622.35 South Atlantic EEZ seasonal and/or and/or SAFMC listed in Table 1 of this area closures. 622.36 Seasonal harvest limitations. section. 622.37 Size limits. (b) This part governs conservation 622.38 Landing fish intact. and management of species included in 622.39 Bag and possession limits. the FMPs in or from the Caribbean, 622.40 Limitations on traps and pots. Gulf, Mid-Atlantic, or South Atlantic 622.41 Species specific limitations. EEZ, as indicated in Table 1 of this sec- 622.42 Quotas. tion. For the FMPs noted in the fol- 622.43 Closures. 622.44 Commercial trip limits. lowing table, conservation and man- 622.45 Restrictions on sale/purchase. agement extends to adjoining state wa- 622.46 Prevention of gear conflicts. ters for the purposes of data collection 622.47 Gulf groundfish trawl fishery. 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 Resources GMFMC/SAFMC Gulf,1 Mid-Atlantic 1, 2 and South Atlantic.1, 3 FMP for Coral and Coral Reefs of the Gulf of GMFMC Gulf. Mexico. FMP for Coral, Coral Reefs, and Live/Hard SAFMC South Atlantic. Bottom Habitats of the South Atlantic Re- gion. FMP for Corals and Reef Associated Plants CFMC Caribbean. and Invertebrates of Puerto Rico and the U.S. Virgin Islands. FMP for the Golden Crab Fishery of the SAFMC South Atlantic South Atlantic Region. FMP for Queen Conch Resources of Puerto CFMC Caribbean. Rico and the U.S. Virgin Islands. FMP for the Red Drum Fishery of the Gulf of GMFMC Gulf.1 Mexico. FMP for the Reef Fish Fishery of Puerto Rico CFMC Caribbean. and the U.S. Virgin Islands. FMP for the Reef Fish Resources of the Gulf GMFMC Gulf.1 of Mexico. FMP for the Shrimp Fishery of the Gulf of GMFMC Gulf.1 Mexico. FMP for the Shrimp Fishery of the South At- SAFMC South Atlantic. lantic Region. FMP for the Snapper-Grouper Fishery of the SAFMC South Atlantic.1, 4 South Atlantic Region. FMP for the Spiny Lobster Fishery of Puerto CFMC Caribbean. Rico and the U.S. Virgin Islands. 1 Regulated area includes adjoining state waters for purposes of data collection and quota monitoring. 2 Only king and Spanish mackerel and cobia are managed under the FMP in the Mid-Atlantic. 3 Bluefish are not managed under the FMP in the South Atlantic.

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4 Bank, rock, and black sea bass and scup are not managed by the FMP or regulated by this part north of 35°15.19′ N. lat., the latitude of Cape Hatteras Light, NC. [61 FR 34934, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 FR 65483, Dec. 13, 1996; 63 FR 10565, Mar. 4, 1998; 67 FR 22362, May 3, 2002]

§ 622.2 Definitions and acronyms. manually, electrically, or hydrau- lically. In addition to the definitions in the BRD means bycatch reduction device. Magnuson Act and in § 600.10 of this Buoy gear means fishing gear con- chapter, and the acronyms in § 600.15 of sisting of a float and one or more this chapter, the terms and acronyms weighted lines suspended therefrom, used in this part have the following generally long enough to reach the bot- meanings: tom. A hook or hooks (usually 6 to 10) Allowable chemical means a substance, are on the lines at or near the end. The generally used to immobilize marine float and line(s) drift freely and are re- life so that it can be captured alive, trieved periodically to remove catch that, when introduced into the water, and rebait hooks. does not take Gulf and South Atlantic Carapace length means the straight- prohibited coral and is allowed by Flor- line distance from the orbital notch in- ida for the harvest of tropical fish (e.g., side the orbital spine, in a line parallel quinaldine, quinaldine compounds, or to the lateral rostral sulcus, to the pos- similar substances). terior margin of the cephalothorax. Allowable octocoral means an erect, (See Figure 1 in Appendix C of this nonencrusting species of the subclass part.) Octocorallia, except the seafans Caribbean means the Caribbean Sea Gorgonia flabellum and G. ventalina, plus around Puerto Rico and the U.S. Virgin the attached substrate within 1 inch Islands. (2.54 cm) of an allowable octocoral. Caribbean conch resource means one or more of the following species, or a part NOTE: An erect, nonencrusting species of the subclass Octocorallia, except the seafans thereof: Gorgonia flabellum and G. ventalina, with at- (1) Atlantic triton’s trumpet, tached substrate exceeding 1 inch (2.54 cm) is Charonia variegata. considered to be live rock and not allowable (2) Cameo helmet, Cassis octocoral. madagascarensis. Aquacultured live rock means live rock (3) Caribbean helmet, Cassis tuberosa. that is harvested under a Federal (4) Caribbean vase, Vasum muricatum. aquacultured live rock permit, as re- (5) Flame helmet, Cassis flammea. (6) Green star shell, Astrea tuber. quired under § 622.4(a)(3)(iii). (7) Hawkwing conch, Strombus

Authorized statistical reporting agent raninus. means: (8) Milk conch, Strombus costatus. (1) Any person so designated by the (9) Queen conch, Strombus gigus. SRD; or (10) Roostertail conch, Strombus (2) Any person so designated by the gallus. head of any Federal or State agency (11) True tulip, Fasciolaria tulipa. that has entered into an agreement (12) West Indian fighting conch, with the Assistant Administrator to Strombus pugilis. collect fishery data. (13) Whelk (West Indian top shell), Automatic reel means a reel that re- Cittarium pica. mains attached to a vessel when in use Caribbean coral reef resource means from which a line and attached hook(s) one or more of the species, or a part are deployed. The line is payed out thereof, listed in Table 1 in Appendix A from and retrieved on the reel elec- of this part, whether living or dead. trically or hydraulically. Caribbean prohibited coral means, in Bandit gear means a rod and reel that the Caribbean; a gorgonian, that is, a remain attached to a vessel when in Caribbean coral reef resource of the use from which a line and attached Class Anthozoa, Subclass Octocorallia, hook(s) are deployed. The line is payed Order Gorgonacea; a live rock; or a out from and retrieved on the reel stony coral, that is, a Caribbean coral

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reef resource of the Class Hydrozoa lines and buoys), regardless of the con- (fire corals and hydrocorals) or of the struction material, used for or capable Class Anthozoa, Subclass Hexacorallia, of taking finfish. Orders Scleractinia (stony corals) and (2) In the Gulf EEZ, a trap and its Antipatharia (black corals); or a part component parts (including the lines thereof. and buoys), regardless of the construc- Caribbean reef fish means one or more tion material, used for or capable of of the species, or a part thereof, listed taking finfish, except a trap histori- in Table 2 in Appendix A of this part. cally used in the directed fishery for Caribbean spiny lobster means the spe- crustaceans (that is, blue crab, stone cies Panulirus argus, or a part thereof. crab, and spiny lobster). CFMC means the Caribbean Fishery Management Council. (3) In the South Atlantic EEZ, a trap Charter vessel means a vessel less and its component parts (including the than 100 gross tons (90.8 mt) that meets lines and buoys), regardless of the con- the requirements of the USCG to carry struction material, used for or capable six or fewer passengers for hire and of taking fish, except a sea bass pot, a that engages in charter fishing at any golden crab trap, or a crustacean trap time during the calendar year. A char- (that is, a type of trap historically used ter vessel with a commercial permit, as in the directed fishery for blue crab, required under § 622.4(a)(2), is consid- stone crab, red crab, jonah crab, or ered to be operating as a charter vessel spiny lobster and that contains at any when it carries a passenger who pays a time not more than 25 percent, by fee or when there are more than three number, of fish other than blue crab, persons aboard, including operator and stone crab, red crab, jonah crab, and crew. spiny lobster). Coastal migratory pelagic fish means Fork length means the straight-line one or more of the following species, or distance from the tip of the head a part thereof: (snout) to the rear center edge of the (1) Bluefish, Pomatomus saltatrix (Gulf tail (caudal fin). (See Figure 2 in Ap- of Mexico only). pendix C of this part.) (2) Cero, Scomberomorus regalis. Golden crab means the species (3) Cobia, Rachycentron canadum. Chaceon fenneri, or a part thereof. (4) Dolphin, Coryphaena hippurus (5) King mackerel, Scomberomorus Golden crab trap means any trap used cavalla. or possessed in association with a di- (6) Little tunny, Euthynnus rected fishery for golden crab in the alletteratus. South Atlantic EEZ, including any (7) Spanish mackerel, Scomberomorus trap that contains a golden crab in or maculatus. from the South Atlantic EEZ or any Coral area means marine habitat in trap on board a vessel that possesses the Gulf or South Atlantic EEZ where golden crab in or from the South At- coral growth abounds, including patch lantic EEZ. reefs, outer bank reefs, deep water GMFMC means the Gulf of Mexico banks, and hard bottoms. Fishery Management Council. Dealer, in addition to the definition Gulf means the Gulf of Mexico. The specified in § 600.10 of this chapter, line of demarcation between the Atlan- means the person who first receives tic Ocean and the Gulf of Mexico is rock shrimp harvested from the EEZ specified in § 600.105(c) of this chapter. upon transfer ashore. Gulf reef fish means one or more of Drift gillnet, for the purposes of this the species, or a part thereof, listed in part, means a gillnet, other than a long Table 3 in Appendix A of this part. gillnet or a run-around gillnet, that is unattached to the ocean bottom, re- Gulf and South Atlantic prohibited gardless of whether attached to a ves- coral means, in the Gulf and South At- sel. lantic, one or more of the following, or Fish trap means— a part thereof: (1) In the Caribbean EEZ, a trap and (1) Coral belonging to the Class its component parts (including the Hydrozoa (fire corals and hydrocorals).

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(2) Coral belonging to the Class be manually, electrically, or hydrau- Anthozoa, Subclass Hexacorallia, Or- lically operated. ders Scleractinia (stony corals) and MAFMC means the Mid-Atlantic Antipatharia (black corals). Fishery Management Council. (3) A seafan, Gorgonia flabellum or G. Mid-Atlantic means the Atlantic ventalina. Ocean off the Atlantic coastal states (4) Coral in a coral reef, except for al- from the boundary between the New lowable octocoral. England Fishery Management Council (5) Coral in an HAPC, including al- and the MAFMC, as specified in lowable octocoral. § 600.105(a) of this chapter, to the Handline means a line with attached boundary between the MAFMC and the hook(s) that is tended directly by hand. SAFMC, as specified in § 600.105(b) of HAPC means habitat area of par- this chapter. ticular concern. Migratory group, for king and Spanish Headboat means a vessel that holds a mackerel, means a group of fish that valid Certificate of Inspection issued may or may not be a separate genetic by the USCG to carry passengers for stock, but that is treated as a separate hire. A headboat with a commercial stock for management purposes. King vessel permit, as required under and Spanish mackerel are divided into § 622.4(a)(2), is considered to be oper- migratory groups—the Atlantic migra- ating as a headboat when it carries a tory group and the Gulf migratory passenger who pays a fee or— group. The boundaries between these (1) In the case of persons aboard fish- groups are as follows: ing for or possessing South Atlantic (1) King mackerel—(i) Summer separa- snapper-grouper, when there are more tion. From April 1 through October 31, persons aboard than the number of the boundary separating the Gulf and crew specified in the vessel’s Certifi- Atlantic migratory groups of king cate of Inspection; or mackerel is 25°48′ N. lat., which is a (2) In the case of persons aboard fish- line directly west from the Monroe/Col- ing for or possessing coastal migratory lier County, FL, boundary to the outer pelagic fish or Gulf reef fish, when limit of the EEZ. there are more than three persons (ii) Winter separation. From Novem- aboard, including operator and crew. ber 1 through March 31, the boundary Headrope length means the distance, separating the Gulf and Atlantic mi- measured along the forwardmost web- gratory groups of king mackerel is bing of a trawl net, between the points 29°25′ N. lat., which is a line directly at which the upper lip (top edge) of the east from the Volusia/Flagler County, mouth of the net are attached to sleds, FL, boundary to the outer limit of the doors, or other devices that spread the EEZ. net. (2) Spanish mackerel. The boundary Hook-and-line gear means automatic separating the Gulf and Atlantic mi- reel, bandit gear, buoy gear, handline, gratory groups of Spanish mackerel is longline, and rod and reel. 25°20.4′ N. lat., which is a line directly Live rock means living marine orga- east from the Miami–Dade/Monroe nisms, or an assemblage thereof, at- County, FL, boundary to the outer tached to a hard substrate, including limit of the EEZ. dead coral or rock (excluding indi- Off Florida means the waters in the vidual mollusk shells). Gulf and South Atlantic from 30°42′45.6″ Long gillnet means a gillnet that has N. lat., which is a line directly east a float line that is more than 1,000 yd from the seaward terminus of the Geor- (914 m) in length. gia/Florida boundary, to 87°31′06″ W. Longline means a line that is de- long., which is a line directly south ployed horizontally to which gangions from the Alabama/Florida boundary. and hooks are attached. A longline Off Georgia means the waters in the may be a bottom longline, i.e., de- South Atlantic from a line extending signed for use on the bottom, or a pe- in a direction of 104° from true north lagic longline, i.e., designed for use off from the seaward terminus of the the bottom. The longline hauler may South Carolina/Georgia boundary to

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30°42′45.6″ N. lat., which is a line di- Red snapper means Lutjanus rectly east from the seaward terminus campechanus, or a part thereof, one of of the Georgia/Florida boundary. the Gulf reef fish species. Official sunrise or official sunset means Regional Administrator (RA), for the the time of sunrise or sunset as deter- purposes of this part, means the Ad- mined for the date and location in The ministrator, Southeast Region, NMFS, Nautical Almanac, prepared by the U.S. 9721 Executive Center Drive N., St. Pe- Naval Observatory. tersburg, FL 33702, or a designee. Off Louisiana, Mississippi, and Ala- Rod and reel means a rod and reel bama means the waters in the Gulf unit that is not attached to a vessel, other than off Florida and off Texas. or, if attached, is readily removable, Off North Carolina means the waters from which a line and attached hook(s) in the South Atlantic from 36°34′55″ N. are deployed. The line is payed out lat., which is a line directly east from from and retrieved on the reel manu- the Virginia/North Carolina boundary, ally, electrically, or hydraulically. to a line extending in a direction of Run-around gillnet means a gillnet, 135°34′55″ from true north from the other than a long gillnet, that, when North Carolina/South Carolina bound- used, encloses an area of water. ary, as marked by the border station SAFMC means the South Atlantic on Bird Island at 33°51′07.9″ N. lat., Fishery Management Council. 78°32′32.6″ W. long. Sale or sell means the act or activity of transferring property for money or Off South Carolina means the waters credit, trading, or bartering, or at- in the South Atlantic from a line ex- tempting to so transfer, trade, or bar- tending in a direction of 135°34′55″ from ter. true north from the North Carolina/ Science and Research Director (SRD), South Carolina boundary, as marked for the purposes of this part, means the by the border station on Bird Island at Science and Research Director, South- 33°51′07.9″ N. lat., 78′32′32.6″ W. long., to east Fisheries Science Center, NMFS a line extending in a direction of 104° (see Table 1 of § 600.502 of this chapter). from true north from the seaward ter- Sea bass pot means a trap has six rec- minus of the South Carolina/Georgia tangular sides and does not exceed 25 boundary. inches (63.5 cm) in height, width, or means the waters in the Off Texas depth. Gulf west of a rhumb line from 29°32.1′ Shrimp means one or more of the fol- N. lat., 93°47.7′ W. long. to 26°11.4′ N. lowing species, or a part thereof: lat., 92°53′ W. long., which line is an ex- (1) Brown shrimp, Farfantepenaeus tension of the boundary between Lou- aztecus. isiana and Texas. (2) White shrimp, Litopenaeus Penaeid shrimp trawler means any ves- setiferus. sel that is equipped with one or more (3) Pink shrimp, Farfantepenaeus trawl nets whose on-board or landed duorarum. catch of brown, pink, or white shrimp (4) Royal red shrimp, Hymenopenaeus (penaeid shrimp) is more than 1 per- robustus. cent, by weight, of all fish comprising (5) Rock shrimp, Sicyonia brevirostris. its on-board or landed catch. (6) Seabob shrimp, Xiphopenaeus Powerhead means any device with an kroyeri. explosive charge, usually attached to a Shrimp trawler means any vessel that speargun, spear, pole, or stick, that is equipped with one or more trawl nets fires a projectile upon contact. whose on-board or landed catch of Processor means a person who proc- shrimp is more than 1 percent, by esses fish or fish products, or parts weight, of all fish comprising its on- thereof, for commercial use or con- board or landed catch. sumption. SMZ means special management Purchase means the act or activity of zone. buying, trading, or bartering, or at- South Atlantic means the Atlantic tempting to buy, trade, or barter. Ocean off the Atlantic coastal states Red drum, also called redfish, means from the boundary between the Sciaenops ocellatus, or a part thereof. MAFMC and the SAFMC, as specified

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in § 600.105(b) of this chapter, to the § 622.3 Relation to other laws and reg- line of demarcation between the Atlan- ulations. tic Ocean and the Gulf of Mexico, as (a) The relation of this part to other specified in § 600.105(c) of this chapter. laws is set forth in § 600.705 of this South Atlantic snapper-grouper means chapter and paragraphs (b) and (c) of one or more of the species, or a part this section. thereof, listed in Table 4 in Appendix A (b) Except for regulations on allow- of this part. able octocoral, Gulf and South Atlantic Stab net means a gillnet, other than a prohibited coral, and live rock, this long gillnet, or trammel net whose part is intended to apply within the weight line sinks to the bottom and EEZ portions of applicable National submerges the float line. Marine Sanctuaries and National Total length (TL), for the purposes of Parks, unless the regulations gov- this part, means the straight-line dis- erning such Sanctuaries or Parks pro- tance from the tip of the snout to the hibit their application. Regulations on tip of the tail (caudal fin), excluding allowable octocoral, Gulf and South any caudal filament, while the fish is Atlantic prohibited coral, and live rock lying on its side. The mouth of the fish do not apply within the EEZ portions may be closed and/or the tail may be of the following National Marine Sanc- squeezed together to give the greatest tuaries and National Parks: overall measurement. (See Figure 2 in (1) Everglades National Park (36 CFR Appendix C of this part.) 7.45). Toxic chemical means any substance, (2) Looe Key National Marine Sanc- other than an allowable chemical, that, tuary (15 CFR part 937). when introduced into the water, can (3) Fort Jefferson National Monu- stun, immobilize, or take marine life. ment (36 CFR 7.27). Trammel net means two or more pan- (4) Key Largo Coral Reef National els of netting, suspended vertically in Marine Sanctuary (15 CFR part 929). the water by a common float line and (5) Biscayne National Park (16 U.S.C. a common weight line, with one panel 410gg). having a larger mesh size than the (6) Gray’s Reef National Marine other(s), to entrap fish in a pocket of Sanctuary (15 CFR Part 938). netting. (7) Monitor Marine Sanctuary (15 Trip means a fishing trip, regardless CFR part 924). of number of days duration, that begins (c) For allowable octocoral, if a state with departure from a dock, berth, has a catch, landing, or gear regulation beach, seawall, or ramp and that termi- that is more restrictive than a catch, nates with return to a dock, berth, landing, or gear regulation in this part, beach, seawall, or ramp. a person landing in such state allow- Try net, also called test net, means a able octocoral taken from the Gulf or net pulled for brief periods by a shrimp South Atlantic EEZ must comply with trawler to test for shrimp concentra- the more restrictive state regulation. tions or determine fishing conditions (d) General provisions on facilitation (e.g., presence or absence of bottom de- of enforcement, penalties, and enforce- bris, jellyfish, bycatch, seagrasses). ment policy applicable to all domestic Wild live rock means live rock other fisheries are set forth in §§ 600.730, than aquacultured live rock. 600.735, and 600.740 of this chapter, re- Wreckfish means the species Polyprion spectively. americanus, or a part thereof, one of the (e) An activity that is otherwise pro- South Atlantic snapper-grouper spe- hibited by this part may be conducted cies. if authorized as scientific research ac- tivity, exempted fishing, or exempted [61 FR 34934, July 3, 1996, as amended at 61 educational activity, as specified in FR 43956, Aug. 27, 1996; 61 FR 47448, Sept. 9, § 600.745 of this chapter. 1996; 61 FR 65483, Dec. 13, 1996; 62 FR 18539, Apr. 16, 1997; 63 FR 10565, Mar. 4, 1998; 63 FR § 622.4 Permits and fees. 18144, Apr. 14, 1998; 64 FR 59125, Nov. 2, 1999; 65 FR 52957, Aug. 31, 2000; 67 FR 51078, Aug. 7, (a) Permits required. To conduct ac- 2002] tivities in fisheries governed in this

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part, valid permits, licenses, and en- regarding a moratorium on endorse- dorsements are required as follows: ments for the use of gillnets for king (1) Charter vessel/headboat permits. (i) mackerel in the southern Florida west For a person aboard a vessel that is op- coast subzone and restrictions on erating as a charter vessel or headboat transferability of king mackerel to fish for or possess, in or from the gillnet endorsements. EEZ, species in any of the following (iii) King mackerel. For a person species groups, a valid charter vessel/ aboard a vessel to be eligible for ex- headboat permit for that species group emption from the bag limits and to fish must have been issued to the vessel and under a quota for king mackerel in or must be on board— from the Gulf, Mid-Atlantic, or South (A) Gulf coastal migratory pelagic Atlantic EEZ, a commercial vessel per- fish. mit for king mackerel must have been (B) South Atlantic coastal migratory issued to the vessel and must be on pelagic fish. board. To obtain or renew a commer- (C) Gulf reef fish. cial vessel permit for king mackerel, at (D) South Atlantic snapper-grouper. least 25 percent of the applicant’s (ii) See paragraph (r) of this section earned income, or at least $10,000, must regarding a moratorium on Gulf char- have been derived from commercial ter vessel/headboat permits and the as- fishing (i.e., harvest and first sale of sociated provisions. fish) or from charter fishing during one (iii) See paragraph (r)(12) of this sec- of the 3 calendar years preceding the tion for an explanation of the require- application. See paragraph (q) of this ment for the new charter vessel/ section regarding a moratorium on headboat permit for South Atlantic commercial vessel permits for king coastal migratory pelagic fish and for mackerel, transfers of permits during procedures for initial application and the moratorium, and limited excep- issuance of that permit. tions to the earned income or gross (iv) A charter vessel or headboat may sales requirement for a permit. have both a charter vessel/headboat (iv) Spanish mackerel. For a person permit and a commercial vessel per- aboard a vessel to be eligible for ex- mit. However, when a vessel is oper- emption from the bag limits and to fish ating as a charter vessel or headboat, a under a quota for Spanish mackerel in person aboard must adhere to the bag or from the Gulf, Mid-Atlantic, or limits. See the definitions of ‘‘Charter South Atlantic EEZ, a commercial ves- vessel’’ and ‘‘Headboat’’ in § 622.2 for an sel permit for Spanish mackerel must explanation of when vessels are consid- have been issued to the vessel and must ered to be operating as a charter vessel be on board. To obtain or renew a com- or headboat, respectively. mercial vessel permit for Spanish (2) Commercial vessel permits, licenses, mackerel, at least 25 percent of the ap- and endorsements—(i) Fish traps in the plicant’s earned income, or at least Gulf. For a person to possess or use a $10,000, must have been derived from fish trap in the EEZ in the Gulf of Mex- commercial fishing (i.e., harvest and ico, a commercial vessel permit for first sale of fish) or from charter fish- Gulf reef fish with a fish trap endorse- ing during one of the 3 calendar years ment must have been issued to the ves- preceding the application. sel and must be on board. See para- (v) Gulf reef fish. For a person aboard graph (n) of this section regarding fish a vessel to be eligible for exemption trap endorsements. from the bag limits, to fish under a (ii) Gillnets for king mackerel in the quota, or to sell Gulf reef fish in or southern Florida west coast subzone. For from the Gulf EEZ, a commercial ves- a person aboard a vessel to use a run- sel permit for Gulf reef fish must have around gillnet for king mackerel in the been issued to the vessel and must be southern Florida west coast subzone on board. To obtain or renew a com- (see § 622.42(c)(1)(i)(A)(3)), a commercial mercial vessel permit for Gulf reef fish, vessel permit for king mackerel with a more than 50 percent of the applicant’s gillnet endorsement must have been earned income must have been derived issued to the vessel and must be on from commercial fishing (i.e., harvest board. See paragraph (o) of this section and first sale of fish) or from charter

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fishing during either of the 2 calendar sel permit for rock shrimp must be years preceding the application. See issued to the vessel and must be on paragraph (m) of this section regarding board. a moratorium on commercial vessel (ix) Gulf red snapper. For a person permits for Gulf reef fish and limited aboard a vessel for which a commercial exceptions to the earned income re- vessel permit for Gulf reef fish has been quirement for a permit. issued to retain red snapper under the (vi) South Atlantic snapper-grouper. trip limits specified in § 622.44(d)(1) or For a person aboard a vessel to be eligi- (2), a Class 1 or Class 2 Gulf red snapper ble for exemption from the bag limits license must have been issued to the for South Atlantic snapper-grouper in vessel and must be on board. See para- or from the South Atlantic EEZ, to en- graph (p) of this section regarding ini- gage in the directed fishery for tilefish tial issue of red snapper licenses. in the South Atlantic EEZ, to use a (x) South Atlantic golden crab. For a longline to fish for South Atlantic person aboard a vessel to fish for gold- snapper-grouper in the South Atlantic en crab in the South Atlantic EEZ, EEZ, or to use a sea bass pot in the possess golden crab in or from the South Atlantic EEZ between 35°15.19’ South Atlantic EEZ, off-load golden N. lat. (due east of Cape Hatteras crab from the South Atlantic EEZ, or Light, NC) and 28°35.1′ N. lat. (due east sell golden crab in or from the South of the NASA Vehicle Assembly Build- Atlantic EEZ, a commercial vessel per- ing, Cape Canaveral, FL), a commercial mit for golden crab must be issued to vessel permit for South Atlantic snap- the vessel and must be on board. It is a per-grouper must have been issued to rebuttable presumption that a golden the vessel and must be on board. A ves- crab on board a vessel in the South At- sel with longline gear and more than lantic or off-loaded from a vessel in a 200 lb (90.7 kg) of tilefish on board is port adjoining the South Atlantic was considered to be in the directed fishery harvested from the South Atlantic for tilefish. It is a rebuttable presump- EEZ. See § 622.17 for limitations on the tion that a fishing vessel with more use, transfer, and renewal of a commer- than 200 lb (90.7 kg) of tilefish on board cial vessel permit for golden crab. harvested such tilefish in the EEZ. See (3) Coral permits—(i) Allowable chem- § 622.18 for limitations on the use, ical. For an individual to take or pos- transfer, and renewal of a commercial sess fish or other marine organisms vessel permit for South Atlantic snap- with an allowable chemical in a coral per-grouper. area, other than fish or other marine (vii) Wreckfish. For a person aboard a organisms that are landed in Florida, a vessel to fish for wreckfish in the Federal allowable chemical permit South Atlantic EEZ, possess wreckfish must have been issued to the indi- in or from the South Atlantic EEZ, off- vidual. Such permit must be available load wreckfish from the South Atlantic when the permitted activity is being EEZ, or sell wreckfish in or from the conducted and when such fish or other South Atlantic EEZ, a commercial ves- marine organisms are possessed, sel permit for wreckfish must have through landing ashore. been issued to the vessel and must be (ii) Allowable octocoral. For an indi- on board. To obtain a commercial ves- vidual to take or possess allowable sel permit for wreckfish, the applicant octocoral in the Gulf or South Atlantic must be a wreckfish shareholder; and EEZ, other than allowable octocoral either the shareholder must be the ves- that is landed in Florida, a Federal al- sel owner or the owner or operator lowable octocoral permit must have must be an employee, contractor, or been issued to the individual. Such per- agent of the shareholder. (See § 622.15 mit must be available for inspection for information on wreckfish share- when the permitted activity is being holders.) conducted and when allowable (viii) South Atlantic rock shrimp. For a octocoral is possessed, through landing person aboard a vessel to fish for rock ashore. shrimp in the South Atlantic EEZ or (iii) Aquacultured live rock. For a per- possess rock shrimp in or from the son to take or possess aquacultured South Atlantic EEZ, a commercial ves- live rock in the Gulf or South Atlantic

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EEZ, a Federal aquacultured live rock a corporation or partnership that will permit must have been issued for the be conducting live rock aquaculture specific harvest site. Such permit, or a activity, the applicant must be the copy, must be on board a vessel depos- principal shareholder or a general part- iting or possessing material on an ner. aquacultured live rock site or har- (ii) An applicant must provide the vesting or possessing live rock from an following: aquacultured live rock site. (A) Name, address, telephone num- (iv) Prohibited coral. A Federal permit ber, and other identifying information may be issued to take or possess Gulf of the applicant. and South Atlantic prohibited coral or (B) Name and address of any affili- Caribbean prohibited coral only as sci- ated company, institution, or organiza- entific research activity, exempted tion. fishing, or exempted educational activ- (C) Information concerning vessels, ity. See § 600.745 of this chapter for the harvesting gear/methods, or fishing procedures and limitations for such ac- areas, as specified on the application tivities and fishing. form. (v) Florida permits. Appropriate Flor- (D) Any other information that may ida permits and endorsements are re- be necessary for the issuance or admin- quired for the following activities, istration of the permit. without regard to whether they involve (E) If applying for an aquacultured activities in the EEZ or Florida’s wa- live rock permit, identification of each ters: vessel that will be depositing material (A) Landing in Florida fish or other on or harvesting aquacultured live marine organisms taken with an allow- rock from the proposed aquacultured able chemical in a coral area. live rock site, specification of the port (B) Landing allowable octocoral in of landing of aquacultured live rock, Florida. and a site evaluation report prepared (C) Landing live rock in Florida. pursuant to generally accepted indus- (4) Dealer permits. For a dealer to re- try standards that— ceive Gulf reef fish, golden crab har- (1) Provides accurate coordinates of vested from the South Atlantic EEZ, the proposed harvesting site so that it South Atlantic snapper-grouper, rock can be located using LORAN or Global shrimp harvested from the South At- Positioning System equipment; lantic EEZ, or wreckfish, a dealer per- mit for Gulf reef fish, golden crab, (2) Shows the site on a chart in suffi- South Atlantic snapper-grouper, rock cient detail to determine its size and shrimp, or wreckfish, respectively, allow for site inspection; must be issued to the dealer. To obtain (3) Discusses possible hazards to safe a dealer permit, the applicant must navigation or hindrance to vessel traf- have a valid state wholesaler’s license fic, traditional fishing operations, or in the state(s) where the dealer oper- other public access that may result ates, if required by such state(s), and from aquacultured live rock at the site; must have a physical facility at a fixed (4) Describes the naturally occurring location in such state(s). bottom habitat at the site; and (b) Applications for permits. Applica- (5) Specifies the type and origin of tion forms for all permits are available material to be deposited on the site from the RA. Completed application and how it will be distinguishable from forms and all required supporting docu- the naturally occurring substrate. ments must be submitted to the RA at (2) Dealer permits. (i) The application least 30 days prior to the date on which for a dealer permit must be submitted the applicant desires to have the per- by the owner (in the case of a corpora- mit made effective. All vessel permits tion, an officer or shareholder; in the are mailed to owners, whether the ap- case of a partnership, a general part- plicant is an owner or an operator. ner). (1) Coral permits. (i) The applicant for (ii) An applicant must provide the a coral permit must be the individual following: who will be conducting the activity (A) A copy of each state wholesaler’s that requires the permit. In the case of license held by the dealer.

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(B) Name, address, telephone number, estimated cubic volume of the traps/ date the business was formed, and pots that will be used and the appli- other identifying information of the cant’s desired color code for use in business. identifying his or her vessel and buoys (C) The address of each physical fa- (white is not an acceptable color code). cility at a fixed location where the (c) Change in application information. business receives fish. The owner or operator of a vessel with (D) Name, address, telephone num- a permit, a person with a coral permit, ber, other identifying information, and or a dealer with a permit must notify official capacity in the business of the the RA within 30 days after any change applicant. in the application information speci- (E) Any other information that may fied in paragraph (b) of this section. be necessary for the issuance or admin- The permit is void if any change in the istration of the permit, as specified on information is not reported within 30 the application form. days. (3) Vessel permits. (i) The application (d) Fees. A fee is charged for each ap- for a commercial vessel permit, other plication for a permit, license, or en- than for wreckfish, or for a charter ves- dorsement submitted under this sec- sel/headboat permit must be submitted tion, for each request for transfer or re- by the owner (in the case of a corpora- placement of such permit, license, or tion, an officer or shareholder; in the endorsement, and for each fish trap or case of a partnership, a general part- sea bass pot identification tag required ner) or operator of the vessel. A com- under § 622.6(b)(1)(i)(B). The amount of mercial vessel permit that is issued each fee is calculated in accordance based on the earned income qualifica- with the procedures of the NOAA Fi- tion of an operator is valid only when nance Handbook, available from the that person is the operator of the ves- RA, for determining the administrative sel. The applicant for a commercial costs of each special product or service. vessel permit for wreckfish must be a The fee may not exceed such costs and wreckfish shareholder. is specified with each application form. (ii) An applicant must provide the The appropriate fee must accompany following: each application, request for transfer (A) A copy of the vessel’s valid USCG or replacement, or request for fish trap/ certificate of documentation or, if not sea bass pot identification tags. documented, a copy of its valid state (e) Initial issuance. (1) The RA will registration certificate. issue an initial permit at any time to (B) Vessel name and official number. an applicant if the application is com- (C) Name, address, telephone number, plete and the specific requirements for and other identifying information of the requested permit have been met. the vessel owner and of the applicant, An application is complete when all re- if other than the owner. quested forms, information, and docu- (D) Any other information con- mentation have been received. cerning the vessel, gear characteris- (2) Upon receipt of an incomplete ap- tics, principal fisheries engaged in, or plication, the RA will notify the appli- fishing areas, as specified on the appli- cant of the deficiency. If the applicant cation form. fails to correct the deficiency within 30 (E) Any other information that may days of the date of the RA’s letter of be necessary for the issuance or admin- notification, the application will be istration of the permit, as specified on considered abandoned. the application form. (f) Duration. A permit remains valid (F) If applying for a commercial ves- for the period specified on it unless it sel permit, documentation, as specified is revoked, suspended, or modified pur- in the instructions accompanying each suant to subpart D of 15 CFR part 904 application form, showing that applica- or the vessel or dealership is sold. ble eligibility requirements of para- (g) Transfer. A vessel permit, license, graph (a)(2) of this section have been or endorsement or dealer permit issued met. under this section is not transferable (G) If a fish trap or sea bass pot will or assignable, except as provided in be used, the number, dimensions, and paragraph (m) of this section for a

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commercial vessel permit for Gulf reef or endorsement approximately 1 month fish, in paragraph (n) of this section for prior to expiration of the old permit, li- a fish trap endorsement, in paragraph cense, or endorsement. (o) of this section for a Gulf king (2) If ineligible for automatic renewal. If mackerel gillnet endorsement, in para- the RA’s notification indicates that graph (p) of this section for a red snap- the owner’s or dealer’s permit, license, per license, in paragraph (q) of this sec- or endorsement is ineligible for auto- tion for a king mackerel permit, in matic renewal, the notification will paragraph (r) of this section for a char- specify the reasons and will provide an ter vessel/headboat permit for Gulf opportunity for correction of any defi- coastal migratory pelagic fish or Gulf ciencies. If the owner or dealer does reef fish, in § 622.17(c) for a commercial not correct such deficiencies within 60 vessel permit for golden crab, or in days after the date of the RA’s notifi- § 622.18(e) for a commercial vessel per- cation, the renewal will be considered mit for South Atlantic snapper-group- abandoned. A permit, license, or en- er. A person who acquires a vessel who dorsement that is not renewed within desires to conduct activities for which the applicable deadline will not be re- a permit or endorsement is required issued. must apply for a permit or endorse- (3) If new application is required. If the ment in accordance with the provisions RA’s notification indicates that a new of this section. If the acquired vessel is application is required, the notifica- currently permitted, the application tion will include a preprinted renewal must be accompanied by the original application. If the RA receives an in- permit and a copy of the vessel’s new complete application, the RA will no- USCG documentation or state registra- tify the applicant of the deficiency. If tion. the applicant fails to correct the defi- (h) Although a permit, li- Renewal. ciency within 30 days of the date of the cense, or endorsement required by this RA’s letter of notification, the applica- section is issued on an annual basis, an tion will be considered abandoned. A application for its renewal is required permit, license, or endorsement that is only every 2 years. In the interim not renewed within the applicable years, renewal is automatic (without deadline will not be reissued. application) for a vessel owner or deal- er who has met the specific require- (4) If notification is not received. A ves- ments for the requested permit, li- sel owner or dealer who does not re- cense, or endorsement; who has sub- ceive a notification from the RA re- mitted all reports required under the garding status of renewal of a permit, Magnuson-Stevens Act; and who is not license, or endorsement by 45 days subject to a sanction or denial under prior to expiration of the current per- paragraph (j) of this section. An owner mit must contact the RA. or dealer whose permit, license, or en- (i) Display. A vessel permit, license, dorsement is expiring will be mailed a or endorsement issued under this sec- notification by the RA approximately 2 tion must be carried on board the ves- months prior to its expiration. That sel. A dealer permit issued under this notification will advise the status of section, or a copy thereof, must be the renewal. That is, the notification available on the dealer’s premises. In will advise that the renewal will be addition, a copy of the dealer’s permit issued without further action by the must accompany each vehicle that is owner or dealer (automatic renewal); used to pick up from a fishing vessel that the permit, license, or endorse- reef fish harvested from the Gulf EEZ. ment is ineligible for automatic re- The operator of a vessel must present newal; or that a new application is re- the permit, license, or endorsement for quired. inspection upon the request of an au- (1) If eligible for automatic renewal. If thorized officer. A dealer or a vehicle the RA’s notification indicates that operator must present the permit or a the owner’s or dealer’s permit, license, copy for inspection upon the request of or endorsement is eligible for auto- an authorized officer. matic renewal, the RA will mail the (j) Sanctions and denials. A permit, li- automatically renewed permit, license, cense, or endorsement issued pursuant

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to this section may be revoked, sus- ator when such operator becomes an pended, or modified, and a permit, li- owner of a vessel. cense, or endorsement application may (5) An owner of a permitted vessel, be denied, in accordance with the pro- the permit for which is based on an op- cedures governing enforcement-related erator’s earned income and, thus, is permit sanctions and denials found at valid only when that person is the op- subpart D of 15 CFR part 904. erator of the vessel, may have the oper- (k) Alteration. A permit, license, or ator qualification on the permit re- endorsement that is altered, erased, or moved, and renew it without such qual- mutilated is invalid. ification through April 15 following the (l) Replacement. A replacement per- first full calendar year after removing mit, license, or endorsement may be it, without meeting the earned income issued. An application for a replace- ment permit, license, or endorsement requirement of paragraph (a)(2)(v) of is not considered a new application. this section. However, to further renew (m) Moratorium on commercial vessel the commercial vessel permit, the permits for Gulf reef fish. The provisions owner must meet the earned income re- of this paragraph (m) are applicable quirement not later than the first full through December 31, 2005. calendar year after the operator quali- (1) No applications for additional fication is removed. To have an oper- commercial vessel permits for Gulf reef ator qualification removed from a per- fish will be accepted. Existing vessel mit, the owner must return the origi- permits may be renewed, are subject to nal permit to the RA with an applica- the restrictions on transfer or change tion for the changed permit. in paragraphs (m)(2) through (5) of this (6) A commercial vessel permit for section, and are subject to the require- Gulf reef fish that is not renewed or ment for timely renewal in paragraph that is revoked will not be reissued. A (m)(6) of this section. permit is considered to be not renewed (2) An owner of a permitted vessel when an application for renewal is not may transfer the commercial vessel received by the RA within 1 year of the permit for Gulf reef fish to another ves- expiration date of the permit. sel owned by the same entity. (n) Endorsements for fish traps in the (3) An owner whose earned income Gulf. The provisions of this paragraph qualified for the commercial vessel per- (n) are applicable through February 7, mit for Gulf reef fish may transfer the permit to the owner of another vessel, 2007. After February 7, 2007, no fish trap or to the new owner when he or she endorsements are valid. transfers ownership of the permitted (1) Only those fish trap endorsements vessel. Such owner of another vessel, or that are valid on February 7, 1997, may new owner, may receive a commercial be renewed. Such endorsements are vessel permit for Gulf reef fish for his subject to the restrictions on transfer or her vessel, and renew it through in paragraphs (n)(2) and (3) of this sec- April 15 following the first full cal- tion and are subject to the requirement endar year after obtaining it, without for timely renewal in paragraph (n)(5) meeting the earned income require- of this section. ment of paragraph (a)(2)(v) of this sec- (2) Through February 7, 1999, a fish tion. However, to further renew the trap endorsement may be transferred commercial vessel permit, the owner of only to a vessel that has a commercial the other vessel, or new owner, must permit for reef fish. meet the earned income requirement (3) After February 7, 1999, a fish trap not later than the first full calendar endorsement is not transferable except year after the permit transfer takes as follows: place. (i) An owner of a vessel with a fish (4) An owner of a permitted vessel, the permit for which is based on an op- trap endorsement may transfer the en- erator’s earned income and, thus, is dorsement to another vessel owned by valid only when that person is the op- the same entity. erator of the vessel, may transfer the (ii) A fish trap endorsement is trans- permit to the income qualifying oper- ferable upon a change of ownership of a

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permitted vessel with such endorse- one of the two fishing years, July 1, ment from one to another of the fol- 1995, through June 30, 1996, or July 1, lowing: Husband, wife, son, daughter, 1996, through June 30, 1997. Such land- brother, sister, mother, or father. ings must have been documented by (iii) When a change of ownership of a NMFS or by the Florida Department of vessel with a fish trap endorsement is Environmental Protection trip ticket directly related to the disability or system as of December 31, 1997. Only death of the owner, the RA may issue landings when a vessel had a valid com- such endorsement, temporarily or per- mercial permit for king mackerel with manently, with the commercial vessel a gillnet endorsement and only land- permit for Gulf reef fish that is issued ings that were harvested, landed, and for the vessel under the new owner. sold in compliance with state and Fed- Such new owner will be the person eral regulations may be used to estab- specified by the owner or his/her legal guardian, in the case of a disabled lish eligibility. owner, or by the will or executor/ad- (2) Paragraphs (o)(1)(i) and (o)(1)(ii) ministrator of the estate, in the case of of this section notwithstanding, the a deceased owner. (Paragraphs (m)(3) owner of a vessel that received a com- and (4) of this section apply for the mercial king mackerel permit through transfer of a commercial vessel permit transfer, between March 4, 1998, and for Gulf reef fish upon disability or March 28, 2000, from a vessel that met death of an owner.) the eligibility requirements in para- (iv) A fish trap endorsement may be graphs (o)(1)(i) and (o)(1)(ii) also quali- transferred to a vessel with a commer- fies for an initial king mackerel gillnet cial vessel permit for Gulf reef fish endorsement. whose owner has a record of landings of (3) To obtain an initial king mack- reef fish from fish traps in the Gulf erel gillnet endorsement under the EEZ, as reported on fishing vessel moratorium, an owner or operator of a logbooks received by the SRD, from vessel that does not have a king mack- November 20, 1992, through February 6, erel gillnet endorsement on March 28, 1994, and who was unable to obtain a 2000 must submit an application to the fish trap endorsement for the vessel RA, postmarked or hand delivered not with the reported landings. later than June 26, 2000. Except for ap- (4) The owner of a vessel that is to re- plications for renewals of king mack- ceive a transferred endorsement must erel gillnet endorsements, no applica- return the originals of the endorsed commercial vessel permit for Gulf reef tions for king mackerel gillnet en- fish and the unendorsed permit to the dorsements will be accepted after June RA with an application for a fish trap 26, 2000. Application forms are avail- endorsement for his or her vessel. able from the RA. (5) A fish trap endorsement that is (4) The RA will not issue an owner not renewed or that is revoked will not more initial king mackerel gillnet en- be reissued. Such endorsement is con- dorsements under the moratorium than sidered to be not renewed when an ap- the number of vessels with king mack- plication for renewal is not received by erel gillnet endorsements that the the RA within 1 year of the expiration owner owned simultaneously on or be- date of the permit. fore October 16, 1995. (o) Moratorium on endorsements for the (5) An owner of a vessel with a king use of gillnets for king mackerel in the mackerel gillnet endorsement issued southern Florida west coast subzone. (1) under this moratorium may transfer An initial king mackerel gillnet en- that endorsement upon a change of dorsement will be issued only if— ownership of a permitted vessel with (i) The vessel owner was the owner of such endorsement from one to another a vessel with a commercial mackerel of the following: Husband, wife, son, permit with a gillnet endorsement on daughter, brother, sister, mother, or or before October 16, 1995; and father. Such endorsement also may be (ii) The vessel owner was the owner of a vessel that had gillnet landings of transferred to another vessel owned by Gulf migratory group king mackerel in the same entity.

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(6) A king mackerel gillnet endorse- 39301, August 2, 1994). A historical cap- ment that is not renewed or that is re- tain is an operator who— voked will not be reissued. An endorse- (1) From November 6, 1989, through ment is considered to be not renewed 1993, fished solely under verbal or writ- when an application for renewal is not ten share agreements with an owner, received by the RA within 1 year after and such agreements provided for the the expiration date of the permit that operator to be responsible for hiring includes the endorsement. the crew, who was paid from the share (p) Gulf red snapper licenses—(1) Class under his or her control; 1 licenses. To be eligible for the 2,000–lb (2) Landed from that vessel at least (907–kg) trip limit for Gulf red snapper 5,000 lb (2,268 kg) of red snapper per specified in § 622.44(d)(1), a vessel must year in 2 of the 3 years 1990, 1991, and have been issued both a valid commer- 1992; cial vessel permit for Gulf reef fish and (3) Derived more than 50 percent of a valid Class 1 Gulf red snapper license, his or her earned income from commer- and such permit and license must be on cial fishing, that is, sale of the catch, board. in each of the years 1989 through 1993; (2) Class 2 licenses. To be eligible for and the 200–lb (91–kg) trip limit for Gulf red (4) Landed red snapper prior to No- snapper specified in § 622.44(d)(2), a ves- vember 7, 1989. sel must have been issued both a valid (ii) Class 2 licenses. (A) An initial commercial vessel permit for Gulf reef Class 2 license will be issued for the fish and a valid Class 2 Gulf red snap- vessel specified by an owner or oper- per license, and such permit and li- ator whose income qualified for a com- cense must be on board. mercial vessel permit for reef fish that (3) Operator restriction. An initial Gulf was valid on March 1, 1997, and such red snapper license that is issued for a owner or operator was the person vessel based on the qualification of an whose earned income qualified for a operator or historical captain is valid commercial vessel permit for reef fish only when that operator or historical that had a landing of red snapper dur- captain is the operator of the vessel. ing the period from January 1, 1990, When applicable, this operator restric- through February 28, 1997. tion is shown on the license. (B) For the purpose of paragraph (4) Transfer of Gulf red snapper li- (p)(5)(ii)(A) of this section, landings of censes. A red snapper license may be red snapper are as recorded in the in- transferred independently of a com- formation collected under Amendment mercial vessel permit for Gulf reef fish. 9 to the FMP (59 FR 39301, August 2, To request the transfer of a red snapper 1994) for the period 1990 through 1992 license, complete the transfer informa- and in fishing vessel logbooks, as re- tion on the reverse of the license and quired under § 622.5(a)(1)(ii), received by return it to the RA. the SRD not later than March 31, 1997, (5) Initial issue of Gulf red snapper li- for the period from January 1, 1993, censes—(i) Class 1 licenses. (A) An ini- through February 28, 1997. tial Class 1 license will be issued for (C) A vessel’s red snapper landings the vessel specified by the holder of a record during the period from January valid red snapper endorsement on 1, 1990, through February 28, 1997, is re- March 1, 1997, and to a historical cap- tained by the owner at the time of the tain. In the event of death or disability landings if the vessel’s permit was of such holder between March 1, 1997, transferred to another vessel owned by and the date Class 1 licenses are issued, him or her. When a vessel has had a a Class 1 license will be issued for the change of ownership and concurrent vessel specified by the person to whom transfer of its permit, the vessel’s red the red snapper endorsement was snapper landings record is credited to transferred. the owner of that vessel on March 1, (B) Status as a historical captain is 1997, unless there is a legally binding based on information collected under agreement under which a previous Amendment 9 to the Fishery Manage- owner retained the landings record. An ment Plan for the Reef Fish Resources owner who claims such retention of a of the Gulf of Mexico (FMP) (59 FR landings record must submit a copy of

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the agreement to the RA postmarked state officials who are members of the or hand delivered not later than Janu- GMFMC, or their designees. An owner, ary 30, 1998. However, an owner who operator, or potential historical cap- submits a copy of such agreement after tain may request to make a personal January 6, 1998, is not assured that a appearance before the committee in his red snapper license will be issued be- or her request for reconsideration. If an fore the opening of the commercial owner, operator, or potential historical fishery for red snapper on February 1, captain requests that his or her request 1998. be forwarded to the committee, such a (6) Implementation procedures—(i) Ini- request constitutes the applicant’s tial notification. The RA will notify written authorization under section each owner of a vessel that had a valid 402(b)(1)(F) of the Magnuson-Stevens permit for Gulf reef fish on March 1, Fishery Conservation and Management 1997, each operator whose earned in- Act (16 U.S.C. 1801 et seq.) for the RA to come qualified for a valid permit on make available to the committee mem- that date, and each potential historical bers such confidential catch and other captain of his or her eligibility for a records as are pertinent to the matter Class 1 or Class 2 red snapper license. under reconsideration. Initial determinations of eligibility (C) Members of the committee will will be based on NMFS’ records of red provide their individual recommenda- snapper endorsements, red snapper tions for each application for reconsid- landings during the period from Janu- eration referred to the committee to ary 1, 1990, through February 28, 1997, the RA. The committee may only de- and applications for historical captain liberate whether the eligibility criteria status under Amendment 9 to the FMP specified in paragraph (p)(5) of this sec- (59 FR 39301, August 2, 1994). An owner, operator, or potential historical cap- tion were applied correctly in the ap- tain who concurs with NMFS’ initial plicant’s case, based solely on the determination of eligibility need take available record, including documenta- no further action. Each owner, oper- tion submitted by the applicant. Nei- ator, and historical captain who is ini- ther the committee nor the RA may tially determined to be eligible will be consider whether a person should have issued an appropriate license not later been eligible for historical captain sta- than January 23, 1998. tus or a Class 2 license because of hard- (ii) Reconsideration. (A) An owner, op- ship or other factors. The RA will erator, or potential historical captain make a final decision based on the ini- who does not concur with NMFS’ ini- tial eligibility criteria in paragraph tial determination of eligibility for his- (p)(5) of this section and the available torical captain status or for a Class 2 record, including documentation sub- red snapper license may request recon- mitted by the applicant, and, if the re- sideration of that initial determination quest is considered by the committee, by the RA. the recommendations and comments (B) A written request for reconsider- from each member of the committee. ation must be submitted to the RA The RA will notify the applicant of the postmarked or hand delivered not later decision and the reason therefore, in than February 10, 1998, and must pro- writing, within 15 days of receiving the vide written documentation supporting recommendations of the committee the basis for reconsideration. However, members. If the application is not con- an owner who submits such request sidered by the committee, the RA will after January 13, 1998, is not assured provide such notification within 15 that a red snapper license will be days of the RA’s receipt of the request issued before the opening of the com- for reconsideration. The RA’s decision mercial fishery for red snapper on Feb- will constitute the final administrative ruary 1, 1998. Upon request by the action by NMFS on an application for owner, operator, or potential historical reconsideration. captain, the RA will forward the initial (q) Moratorium on commercial vessel determination, the request for recon- permits for king mackerel. This para- sideration, and pertinent records to a graph (q) is effective through October committee consisting of the principal 15, 2005.

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(1) No applications for additional permit, the owner must meet the commercial vessel permits for king earned income or gross sales require- mackerel will be accepted. Existing ment not later than the first full cal- vessel permits may be renewed, are endar year after the operator qualifica- subject to the restrictions on transfer tion is removed. To have an operator or change in paragraphs (q)(2) through qualification removed from a permit, (q)(5) of this section, and are subject to the owner must return the original per- the requirement for timely renewal in mit to the RA with an application for paragraph (q)(6) of this section. the changed permit. (2) An owner of a permitted vessel (6) NMFS will not reissue a commer- may transfer the commercial vessel cial vessel permit for king mackerel if permit for king mackerel issued under the permit is revoked or if the RA does this moratorium to another vessel not receive an application for renewal owned by the same entity. within 1 year of the permit’s expiration (3) An owner whose percentage of date. earned income or gross sales qualified (r) Moratorium on charter vessel/ him/her for the commercial vessel per- headboat permits for Gulf coastal migra- mit for king mackerel issued under the tory pelagic fish and Gulf reef fish. The moratorium may request that NMFS provisions of this paragraph (r) are ap- transfer that permit to the owner of plicable through July 29, 2005. another vessel, or to the new owner (1) Applicability. Beginning December when he or she transfers ownership of 26, 2002, the only valid charter vessel/ the permitted vessel. Such owner of an- headboat permits for Gulf coastal mi- other vessel, or new owner, may re- gratory pelagic fish or Gulf reef fish ceive a commercial vessel permit for are those that have been issued under king mackerel for his or her vessel, and the moratorium criteria in this para- renew it through April 15 following the graph (r). No applications for addi- first full calendar year after obtaining tional charter vessel/headboat permits it, without meeting the percentage of for these fisheries will be accepted. Ex- earned income or gross sales require- isting permits may be renewed, are ment of paragraph (a)(2)(iii) of this sec- subject to the transferability provi- tion. However, to further renew the sions in paragraph (r)(9), and are sub- commercial vessel permit, the owner of ject to the requirement for timely re- the other vessel, or new owner, must newal in paragraph (r)(10) of this sec- meet the earned income or gross sales tion. requirement not later than the first (2) Initial eligibility. Initial eligibility full calendar year after the permit for a charter vessel/headboat permit for transfer takes place. Gulf coastal migratory pelagic fish or (4) An owner of a permitted vessel, Gulf reef fish is limited to the fol- the permit for which is based on an op- lowing— erator’s earned income and, thus, is (i) An owner of a vessel that had a valid only when that person is the op- valid charter vessel/headboat permit erator of the vessel, may request that for Gulf reef fish or coastal migratory NMFS transfer the permit to the in- pelagic fish, or whose application for come-qualifying operator when such such permit had been received by operator becomes an owner of a vessel. NMFS, at some time during the period (5) An owner of a permitted vessel, March 29, 2000, through March 29, 2001, the permit for which is based on an op- and who has such a valid permit on the erator’s earned income and, thus, is effective date of the final rule that valid only when that person is the op- contains this paragraph (r)(2)(i). erator of the vessel, may have the oper- (ii) Any person who can provide ator qualification on the permit re- NMFS with documentation verifying moved, and renew it without such qual- that, prior to March 29, 2001, he/she had ification through April 15 following the a charter vessel or headboat under con- first full calendar year after removing struction and that the associated ex- it, without meeting the earned income penditures were at least $5,000 as of or gross sales requirement of paragraph that date. If the vessel owner was con- (a)(2)(iii) of this section. However, to structing the vessel, the vessel owner further renew the commercial vessel must provide NMFS with receipts for

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the required expenditures. If the vessel vessel under a different name, as may was being constructed by someone have occurred when ownership has other than the owner, the owner must changed from individual to corporate provide NMFS with a copy of the con- or vice versa, must document his/her tract and/or receipts for the required continuity of ownership. An owner will expenditures. not be issued initial charter vessel/ (iii) A historical captain, defined for headboat permits for Gulf coastal mi- the purposes of paragraph (r) of this gratory pelagic fish or Gulf reef fish section as a person who provides NMFS under the moratorium in excess of the with documentation verifying that— number of federally permitted charter (A) Prior to March 29, 2001, he/she vessels and/or headboats that he/she was issued either a USCG Operator of owned simultaneously at some time Uninspected Passenger Vessel license during the period March 29, 2000 (commonly referred to as a 6-pack li- through March 29, 2001. cense) or a USCG Masters license and (5) Application requirements and proce- operated, as a captain, a federally per- dures—(i) General. An applicant who mitted charter vessel or headboat in desires a charter vessel/headboat per- the Gulf reef fish and/or coastal migra- mit for Gulf coastal migratory pelagic tory pelagic fisheries that was not per- fish or Gulf reef fish must submit an mitted in his/her name or the name of application for such permit to the RA a corporation in which he/she was a postmarked or hand-delivered not later shareholder; and than October 28, 2002. Application (B) At least 25 percent of his/her forms are available from the RA. The earned income was derived from char- information requested on the applica- ter vessel or headboat fishing in one of tion form varies according to the eligi- the years, 1997, 1998, 1999, or 2000. bility criterion that the application is (3) Special conditions applicable to eligi- based upon as indicated in paragraphs bility based on historical captain status. (r)(5)(ii), (iii), and (iv) of this section; A person whose eligibility is based on however, all applicants must provide a historical captain status will be issued copy of the applicable, valid USCG Op- a letter of eligibility by the RA. The erator of Uninspected Passenger Vessel letter of eligibility may be redeemed license or Masters license and valid through the RA for a charter vessel/ USCG Certificate of Inspection. Failure headboat permit for Gulf coastal mi- to apply in a timely manner will pre- gratory pelagic fish and/or Gulf reef clude permit issuance even when the fish, with a historical captain endorse- applicant meets the eligibility criteria ment. The letter of eligibility is valid for such permit. for the duration of the moratorium; is (ii) Application based on the prior per- valid only for a vessel of the same au- mit/application history criterion. On or thorized passenger capacity as the ves- about July 29, 2002 implementing this sel used to document earned income in moratorium, the RA will mail an appli- paragraph (r)(2)(iii)(B) of this section; cation for a charter vessel/headboat and is valid only for the fisheries cer- permit for Gulf coastal migratory pe- tified on the application under para- lagic fish and/or Gulf reef fish to each graph (r)(2)(iii)(A) of this section. A owner of a vessel who, according to charter vessel/headboat permit for Gulf NMFS’ permit records, is eligible based coastal migratory pelagic fish or Gulf on the permit or application history reef fish with a historical captain en- criterion in paragraph (r)(2)(i) of this dorsement is valid only on a vessel section. Information requested on the that the historical captain operates as application is consistent with the a captain. standard information required in para- (4) Determination of eligibility based on graph (b)(3)(ii) of this section. The RA permit history. NMFS′ permit records will also mail each such owner a notice are the sole basis for determining eligi- that his/her existing charter vessel/ bility based on permit or application headboat permit(s) for coastal migra- history. An owner of a currently per- tory pelagic fish and/or Gulf reef fish mitted vessel who believes he/she will expire December 26, 2002 and that meets the permit or application his- the new permit(s) required under this tory criterion based on ownership of a moratorium will be required as of that

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date. A vessel owner who believes he/ plete, the RA will notify the applicant she qualifies for a charter vessel/ of the deficiency. If the applicant fails headboat permit for Gulf coastal mi- to correct the deficiency within 20 days gratory pelagic fish and/or Gulf reef of the date of the RA’s notification, the fish based on permit or application his- application will be considered aban- tory, but who does not receive an appli- doned. cation from the RA, must request an (6) Issuance of initial permits. If a com- application from the RA and provide plete application is submitted in a documentation of eligibility. The RA timely manner and the applicable eligi- will mail applications and notifications bility requirements specified in para- to vessel owner addresses as indicated graph (r)(2) of this section are met, the in NMFS’ permit records. RA will issue a charter vessel/headboat (iii) Application based on a charter ves- permit for Gulf coastal migratory pe- sel/headboat under construction prior to lagic fish and/or Gulf reef fish or a let- March 29, 2001. A person who intends to ter of eligibility for such fisheries, as obtain a charter vessel/headboat per- appropriate, and mail it to the appli- mit for Gulf coastal migratory pelagic cant not later than December 16, 2002. fish and/or Gulf reef fish based on the (7) Notification of ineligibility. If the vessel-under-construction eligibility applicant does not meet the applicable criterion in paragraph (r)(2)(ii) of this eligibility requirements of paragraph section must obtain an application (r)(2) of this section, the RA will notify from the RA. Information requested on the applicant, in writing, of such deter- the application includes the standard mination and the reasons for it not information required in paragraph later than November 26, 2002. (b)(3)(ii) of this section and the docu- (8) Appeal process. (i) An applicant mentation of construction and associ- may request an appeal of the RA’s de- ated costs as specified in paragraph termination regarding initial permit (r)(2)(ii) of this section. eligibility, as specified in paragraph (iv) Application based on historical cap- (r)(2) of this section, by submitting a tain status. A person who intends to ob- tain a charter vessel/headboat permit written request for reconsideration to for Gulf coastal migratory pelagic fish the RA with copies of the appropriate and/or Gulf reef fish based on historical records for establishing eligibility. captain status must obtain an applica- Such request must be postmarked or tion from the RA. Information re- hand-delivered within 30 days after the quested on the application includes the date of the RA’s notification of ineligi- standard information required in para- bility and may include a request for an graph (b)(3)(ii) of this section and docu- oral hearing. If an oral hearing is mentation of the criteria specified in granted, the RA will notify the appli- paragraphs (r)(2)(iii)(A)and (B) of this cant of the place and date of the hear- section. Such documentation includes ing and will provide the applicant a income tax records pertinent to maximum of 30 days prior to the hear- verifying earned income; a copy of the ing to provide information in support applicable USCG license and/or Certifi- of the appeal. cate of Inspection; and a notarized affi- (ii) A request for an appeal con- davit signed by a vessel owner certi- stitutes the appellant’s authorization fying the period the applicant served as under section 402(b)(1)(F) of the Magnu- captain of a charter vessel or headboat son-Stevens Fishery Conservation and permitted for Gulf reef fish and/or Management Act (16 U.S.C. 1801 et. seq.) coastal migratory pelagic fish, whether for the RA to make available to the ap- the charter vessel or headboat was per- pellate officer(s) such confidential mitted for Gulf reef fish or coastal mi- records as are pertinent to the appeal. gratory pelagic fish or both, and (iii) The RA may independently re- whether the charter vessel or headboat view the appeal or may appoint one or was uninspected (i.e., 6–pack) or had a more appellate officers to review the USCG Certificate of Inspection. appeal and make independent rec- (v) Incomplete applications. If an appli- ommendations to the RA. The RA will cation that is postmarked or hand-de- make the final determination regard- livered in a timely manner is incom- ing granting or denying the appeal.

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(iv) The RA and appellate officer(s) mit and a completed application for are empowered only to deliberate transfer to the RA. whether the eligibility criteria in para- (10) Renewal. (i) Renewal of a charter graph (r)(2) of this section were applied vessel/headboat permit for Gulf coastal correctly. Hardship or other factors migratory pelagic fish or Gulf reef fish will not be considered in determining is contingent upon the permitted vessel eligibility. and/or captain, as appropriate, being (v) The RA will notify the applicant included in an active survey frame for, of the decision regarding the appeal and, if selected to report, providing the within 30 days after receipt of the re- information required in one of the fol- quest for appeal or within 30 days after lowing— the conclusion of the oral hearing, if (A) NMFS’ Marine Recreational Fish- applicable. The RA’s decision will con- ing Vessel Directory Telephone Survey stitute the final administrative action (conducted by the Gulf States Marine by NMFS. Fisheries Commission); ′ (9) Transfer of permits—(i) Permits (B) NMFS Southeast Headboat Sur- without a historical captain endorsement. vey (as required by § 622.5(b)(1) of this A charter vessel/headboat permit for part); Gulf coastal migratory pelagic fish or (C) Texas Parks and Wildlife Marine Gulf reef fish that does not have a his- Recreational Fishing Survey; or torical captain endorsement is fully (D) A data collection system that re- transferable, with or without sale of places one or more of the surveys in paragraph (r)(10)(i)(A)(B) or (C) of this the permitted vessel, except that no section. transfer is allowed to a vessel with a (ii) A charter vessel/headboat permit greater authorized passenger capacity for Gulf coastal migratory pelagic fish than that of the vessel from which the or Gulf reef fish that is not renewed or permit was transferred. The determina- that is revoked will not be reissued tion of authorized passenger capacity during the moratorium. A permit is will be based on the USCG Certificate considered to be not renewed when an of Inspection or USCG Operator of application for renewal, as required, is Uninspected Passenger Vessel license not received by the RA within 1 year of associated with the vessels involved in the expiration date of the permit. the transfer. If no valid Certificate of (11) Requirement to display a vessel Inspection is provided for a vessel, that decal. Upon issuance, renewal, or trans- vessel will be considered an fer of a charter vessel/headboat permit uninspected vessel with an authorized for Gulf coastal migratory pelagic fish passenger capacity restricted to six or or Gulf reef fish, the RA will issue the fewer passengers. owner of the permitted vessel a vessel (ii) Permits with a historical captain decal for the applicable permitted fish- endorsement. A charter vessel/headboat ery or fisheries. The vessel decal must permit for Gulf coastal migratory pe- be displayed on the port side of the lagic fish or Gulf reef fish that has a deckhouse or hull and must be main- historical captain endorsement may tained so that it is clearly visible. only be transferred to a vessel operated (12) Requirement and procedure for ob- by the historical captain, cannot be taining an initial charter vessel/headboat transferred to a vessel with a higher permit for South Atlantic coastal migra- authorized passenger capacity than the tory pelagic fish. (i) General. This para- vessel from which the permit was graph (r)(12) explains the necessity of transferred, and is not otherwise trans- requiring and the procedure for obtain- ferable. ing an initial charter vessel/headboat (iii) Procedure for permit transfer. To permit for South Atlantic coastal mi- request that the RA transfer a charter gratory pelagic fish. Formerly, the vessel/headboat permit for Gulf coastal charter vessel/headboat permit for migratory pelagic fish or Gulf reef fish, coastal migratory pelagic fish applied the owner of a vessel that is to receive in the EEZ of the Gulf and South At- the transferred permit must complete lantic. The establishment of a separate the transfer information on the reverse charter vessel/headboat permit for Gulf side of the permit and return the per- coastal migratory pelagic fish under

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the moratorium established by para- sires a charter vessel/headboat permit graph (r) of this section necessitates for South Atlantic coastal migratory that a separate charter vessel/headboat pelagic fish and who does not have a permit for South Atlantic coastal mi- valid charter vessel/headboat permit gratory pelagic fish also be established for coastal migratory pelagic fish must effective December 26, 2002 and that the obtain a permit application from the former charter vessel/headboat permit RA. For additional permitting proce- for coastal migratory pelagic fish (ap- dures, see § 622.4(b) through (l)of this plicable in both the Gulf and South At- part. lantic) be voided effective as of that [61 FR 34937, July 3, 1996, as amended at 61 same date. The newly required charter FR 43956, Aug. 27, 1996; 61 FR 47448, Sept 9, vessel/headboat permit for South At- 1996; 61 FR 48414, Sept. 13, 1996; 62 FR 13986, lantic coastal migratory pelagic fish is Mar. 25, 1997; 62 FR 67721, 67722, Dec. 30, 1997; not subject to the provisions of the 63 FR 10565, 10569, Mar. 4, 1998; 63 FR 38301, moratorium in paragraphs (r)(1) July 16, 1998; 63 FR 57590, Oct. 28, 1998; 64 FR through (11) of this section. 59126, Nov. 2, 1999; 65 FR 16339, Mar. 28, 2000; 65 FR 41017, July 3, 2000; 65 FR 52956, Aug. 31, (ii) Application for and issuance of an 2000; 65 FR 61115, Oct. 16, 2000; 67 FR 22362, initial charter vessel/headboat permit for May 3, 2002; 67 FR 43562, June 28, 2002] South Atlantic coastal migratory pelagic fish—(A) Owner of a vessel with a valid EFFECTIVE DATE NOTE: At 67 FR 51078, Aug. 7, 2002, § 622.4 was amended by adding para- charter vessel/headboat permit for coastal graph (a)(2)(xi), effective Dec. 5, 2002. For the migratory pelagic fish. On or about June convenience of the user, the added text fol- 28, 2002, the RA, based on NMFS’ per- lows: mit records, will mail an application for an initial charter vessel/headboat § 622.4 Permits and fees. permit for South Atlantic coastal mi- (a) * * * gratory pelagic fish to each owner of a (2) * * * (xi) Gulf shrimp. For a person aboard a ves- vessel with a valid charter vessel/ sel to fish for shrimp in the Gulf EEZ or pos- headboat permit for coastal migratory sess shrimp in or from the Gulf EEZ, a valid pelagic fish. Any such owner who de- commercial vessel permit for Gulf shrimp sires an initial charter vessel/headboat must have been issued to the vessel and must permit for South Atlantic coastal mi- be on board. gratory pelagic fish must submit the completed application to the RA. To * * * * * avoid any lapse in authorization to fish for coastal migratory species in the § 622.5 Recordkeeping and reporting. South Atlantic EEZ (i.e., valid permit Participants in fisheries governed in status), such owners must submit the this part are required to keep records completed application to the RA post- and report as follows. marked or hand-delivered not later (a) Commercial vessel owners and oper- than September 26, 2002. For completed ators—(1) Requirements by species—(i) applications received by that deadline, Coastal migratory pelagic fish. The owner the RA will issue the permit no later or operator of a vessel that fishes for or than December 16, 2002. Applications lands coastal migratory pelagic fish for will be accepted at any time, but if re- sale in or from the Gulf, Mid-Atlantic, ceived after the deadline, the permit or South Atlantic EEZ or adjoining may not be issued prior to the date state waters, or whose vessel is issued that the permit is first required (i.e., a commercial permit for king or Span- December 26, 2002). These special proce- ish mackerel, as required under dures apply only to the application and § 622.4(a)(2)(iii) or (iv), who is selected issuance of the initial permit; subse- to report by the SRD, must maintain a quent permitting activities will be con- fishing record on a form available from ducted in accordance with the standard the SRD and must submit such record permitting procedures as specified in § as specified in paragraph (a)(2) of this 622.4(b) through (l). section. (B) Owner or operator of a vessel with- (ii) Gulf reef fish. The owner or oper- out a valid charter vessel/headboat permit ator of a vessel for which a commercial for coastal migratory pelagic fish. An permit for Gulf reef fish has been owner or operator of a vessel who de- issued, as required under § 622.4(a)(2)(v),

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or whose vessel fishes for or lands reef termined to be in compliance with all fish in or from state waters adjoining applicable regulations. the Gulf EEZ, who is selected to report (2) Trip reports. For each fishing trip by the SRD must maintain a fishing on which a fish trap will be used or pos- record on a form available from the sessed, an owner or operator of a vessel SRD and must submit such record as for which a fish trap endorsement has specified in paragraph (a)(2) of this sec- been issued, as required under tion. § 622.4(a)(2)(i), must submit a trip initi- (A) Fish traps. In addition to the ation report and a trip termination re- other reporting requirements in para- port to the SAC or his designee, by graph (a)(1)(ii) of this section, the telephone, using the following 24–hour owner or operator of a vessel for which toll-free number—800–305–0697. a fish trap endorsement has been (i) Trip initiation report. The trip initi- issued, as required under § 622.4(a)(2)(i), ation report must be submitted before must comply with the following re- beginning the trip and must include: quirements. vessel name; official number; number of traps to be deployed; sequence of (1) Inspection. The RA will establish a trap tag numbers; date, time, and point 1-month period for mandatory inspec- of departure; and intended time and tion of all fish trap gear, permits, and date of trip termination. vessels. The RA will provide written (ii) Trip termination report. The trip notification of the inspection period to termination report must be submitted each owner of a vessel for which a fish immediately upon returning to port trap endorsement has been issued as re- and prior to any offloading of catch or quired under § 622.4(a)(2)(i). Each such fish traps. The trip termination report owner or operator must contact the must include: vessel name; official Special Agent-in-Charge, NMFS, Office number; name and address of dealer of Enforcement, Southeast Region, St. where catch will be offloaded and sold; Petersburg, FL (SAC) or his designee the time offloading will begin; notifica- by telephone (727–570–5344) to schedule tion of any lost traps; and notification an inspection during the 1-month pe- of any traps left deployed for any rea- riod. Requests for inspection must be son. made between 8:00 a.m. and 4:30 p.m. (B) [Reserved] Monday through Friday and must be (iii) Gulf shrimp. The owner or oper- made at least 72 hours in advance of ator of a vessel that fishes for shrimp the desired inspection date. Inspections in the Gulf EEZ or in adjoining state will be conducted Monday through Fri- waters, or that lands shrimp in an ad- day between 8:00 a.m. and 4:30 p.m. joining state, must provide informa- only. On the inspection date, the owner tion for any fishing trip, as requested or operator must make all fish trap by the SRD, including, but not limited gear with attached trap tags and buoys to, vessel identification, gear, effort, and all applicable permits available for amount of shrimp caught by species, inspection on land. Vessels must also shrimp condition (heads on/heads off), be made available for inspection as di- fishing areas and depths, and person to rected by the SAC or his designee. whom sold. Upon completion of the inspection and (iv) South Atlantic snapper-grouper. a determination that all fish trap gear, (A) The owner or operator of a vessel permits, and vessels are in compliance, for which a commercial permit for an owner or operator may resume fish- South Atlantic snapper-grouper has ing with the lawful gear. However, an been issued, as required under owner or operator who fails to comply § 622.4(a)(2)(vi), or whose vessel fishes with the inspection requirements dur- for or lands South Atlantic snapper- ing the 1-month inspection period or grouper in or from state waters adjoin- during any other random inspection ing the South Atlantic EEZ, who is se- may not use or possess a fish trap in lected to report by the SRD must the Gulf EEZ until the required inspec- maintain a fishing record on a form tion or reinspection, as directed by the available from the SRD and must sub- SAC, has been completed and all fish mit such record as specified in para- trap gear, permits, and vessels are de- graph (a)(2) of this section.

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(B) The wreckfish shareholder under fishes for or lands such coastal migra- § 622.15, or operator of a vessel for tory pelagic fish, reef fish, or snapper- which a commercial permit for grouper in or from state waters adjoin- wreckfish has been issued, as required ing the Gulf or South Atlantic EEZ, under § 622.4(a)(2)(vii), must maintain a who is selected to report by the SRD fishing record on a form available from must maintain a fishing record for the SRD and must submit such record each trip, or a portion of such trips as as specified in paragraph (a)(2) of this specified by the SRD, on forms pro- section. vided by the SRD and must submit (C) The wreckfish shareholder under such record as specified in paragraph § 622.15, or operator of a vessel for (b)(2) of this section. which a commercial permit for (2) Reporting deadlines—(i) Charter ves- wreckfish has been issued, as required sels. Completed fishing records required under § 622.4(a)(2)(vii), must make by paragraph (b)(1) of this section for available to an authorized officer upon charter vessels must be submitted to request all records of offloadings, pur- the SRD weekly, postmarked not later chases, or sales of wreckfish. than 7 days after the end of each week (v) South Atlantic golden crab. The (Sunday). Information to be reported is owner or operator of a vessel for which indicated on the form and its accom- a commercial permit for golden crab panying instructions. has been issued, as required under (ii) Headboats. Completed fishing § 622.4(a)(2)(x), who is selected to report records required by paragraph (b)(1) of by the SRD must maintain a fishing this section for headboats must be sub- record on a form available from the mitted to the SRD monthly and must SRD. either be made available to an author- (2) Reporting deadlines. (i) Completed ized statistical reporting agent or be fishing records required by paragraphs postmarked not later than 7 days after (a)(1)(i), (ii), and (iv) of this section the end of each month. Information to must be submitted to the SRD post- be reported is indicated on the form marked not later than 7 days after the and its accompanying instructions. end of each fishing trip. If no fishing (c) Dealers—(1) Coastal migratory pe- occurred during a calendar month, a lagic fish. (i) A person who purchases report so stating must be submitted on coastal migratory pelagic fish from a one of the forms postmarked not later fishing vessel, or person, that fishes for than 7 days after the end of that or lands such fish in or from the EEZ month. Information to be reported is or adjoining state waters who is se- indicated on the form and its accom- lected to report by the SRD must sub- panying instructions. mit information on forms provided by (ii) Reporting forms required in para- the SRD. This information must be graph (a)(1)(v) of this section must be submitted to the SRD at monthly in- submitted to the SRD postmarked not tervals, postmarked not later than 5 later than 30 days after sale of the days after the end of each month. Re- golden crab offloaded from a trip. If no porting frequency and reporting dead- fishing occurred during a calendar lines may be modified upon notifica- month, a report so stating must be sub- tion by the SRD. If no coastal migra- mitted on one of the forms postmarked tory pelagic fish were received during a not later than 7 days after the end of calendar month, a report so stating that month. Information to be reported must be submitted on one of the forms, is indicated on the form and its accom- in accordance with the instructions on panying instructions. the form, and must be postmarked not (b) Charter vessel/headboat owners and later than 5 days after the end of the operators—(1) Coastal migratory pelagic month. The information to be reported fish, reef fish, and snapper-grouper. The is as follows: owner or operator of a vessel for which (A) Dealer’s or processor’s name and a charter vessel/headboat permit for address. coastal migratory pelagic fish, Gulf (B) County where fish were landed. reef fish, or South Atlantic snapper- (C) Total poundage of each species re- grouper has been issued, as required ceived during that month, or other re- under § 622.4(a)(1), or whose vessel quested interval.

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(D) Average monthly price paid for month. Reporting frequency and re- each species. porting deadlines may be modified (E) Proportion of total poundage upon notification by the SRD. If no landed by each gear type. reef fish were received during a cal- (ii) Alternate SRD. For the purposes of endar month, a report so stating must paragraph (c)(1)(i) of this section, in be submitted on one of the forms, post- the states from New York through Vir- marked not later than 5 days after the ginia, or in the waters off those states, end of the month. ‘‘SRD’’ means the Science and Re- (iii) The operator of a car or truck search Director, Northeast Fisheries that is used to pick up from a fishing Science Center, NMFS (see Table 1 of vessel reef fish harvested from the Gulf § 600.502 of this chapter), or a designee. must maintain a record containing the (2) Gulf red drum. A dealers or proc- name of each fishing vessel from which essor who purchases red drum har- reef fish on the car or truck have been vested from the Gulf who is selected to received. The vehicle operator must report by the SRD must report to the provide such record for inspection upon SRD such information as the SRD may the request of an authorized officer. request and in the form and manner as (4) Gulf shrimp. A person who pur- the SRD may require. The information chases shrimp from a vessel, or person, required to be submitted must include, that fishes for shrimp in the Gulf EEZ but is not limited to, the following: or in adjoining state waters, or that (i) Dealer’s or processor’s name and lands shrimp in an adjoining state, address. must provide the following information (ii) State and county where red drum when requested by the SRD: were landed. (i) Name and official number of the (iii) Total poundage of red drum re- vessel from which shrimp were received ceived during the reporting period, by or the name of the person from whom each type of gear used for harvest. shrimp were received, if received from (3) Gulf reef fish. A person who pur- other than a vessel. chases Gulf reef fish from a fishing ves- (ii) Amount of shrimp received by sel, or person, that fishes for or lands species and size category for each re- such fish in or from the EEZ or adjoin- ceipt. ing state waters must maintain records (iii) Exvessel value, by species and and submit information as follows: size category, for each receipt. (i) A dealer must maintain at his/her (5) South Atlantic snapper-grouper. (i) principal place of business a record of A person who purchases South Atlantic Gulf reef fish that he/she receives. The snapper-grouper that were harvested record must contain the name of each from the EEZ or from adjoining state fishing vessel from which reef fish were waters and who is selected to report by received and the date, species, and the SRD and a dealer who has been quantity of each receipt. A dealer must issued a dealer permit for wreckfish, as retain such record for at least 1 year required under § 622.4(a)(4), must pro- after receipt date and must provide vide information on receipts of South such record for inspection upon the re- Atlantic snapper-grouper and prices quest of an authorized officer or the paid, by species, on forms available SRD. from the SRD. The required informa- (ii) When requested by the SRD, a tion must be submitted to the SRD at dealer must provide information from monthly intervals, postmarked not his/her record of Gulf reef fish received later than 5 days after the end of the the total poundage of each species re- month. Reporting frequency and re- ceived during the month, average porting deadlines may be modified monthly price paid for each species by upon notification by the SRD. If no market size, and proportion of total South Atlantic snapper-grouper were poundage landed by each gear type. received during a calendar month, a re- This information must be provided on port so stating must be submitted on forms available from the SRD and one of the forms, postmarked not later must be submitted to the SRD at than 5 days after the end of the month. monthly intervals, postmarked not However, during complete months en- later than 5 days after the end of the compassed by the wreckfish spawning-

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season closure (that is, February and deposition and must contain the fol- March), a wreckfish dealer is not re- lowing information: quired to submit a report stating that (i) Permit number of site and date of no wreckfish were received. deposit. (ii) A dealer reporting South Atlantic (ii) Geological origin of material de- snapper-grouper other than wreckfish posited. may submit the information required (iii) Amount of material deposited. in paragraph (c)(5)(i) of this section via (iv) Source of material deposited, facsimile (fax). that is, where obtained, if removed (iii) A dealer who has been issued a from another habitat, or from whom dealer permit for wreckfish, as re- purchased. quired under § 622.4(a)(4), must make (3) A person who takes aquacultured available to an authorized officer upon live rock must submit a report of har- request all records of offloadings, pur- vest to the RA. Specific reporting re- chases, or sales of wreckfish. quirements will be provided with the (6) South Atlantic golden crab. A dealer permit. This reporting requirement is who receives from a fishing vessel gold- waived for aquacultured live rock that en crab harvested from the South At- is landed in Florida. lantic EEZ and who is selected by the (e) Additional data and inspection. Ad- SRD must provide information on re- ditional data will be collected by au- ceipts of, and prices paid for, South At- thorized statistical reporting agents lantic golden crab to the SRD at and by authorized officers. A person monthly intervals, postmarked not who fishes for or possesses species in or later than 5 days after the end of each from the EEZ governed in this part is month. Reporting frequency and re- required to make the applicable fish or porting deadlines may be modified parts thereof available for inspection upon notification by the SRD. by the SRD or an authorized officer (7) South Atlantic rock shrimp. (i) A upon request. dealer who has been issued a permit for (f) Commercial vessel, charter vessel, rock shrimp, as required under and headboat inventory. The owner or § 622.4(a)(4), and who is selected by the operator of a commercial vessel, char- SRD must provide information on re- ter vessel, or headboat operating in a ceipts of rock shrimp and prices paid fishery governed in this part who is not on forms available from the SRD. The selected to report by the SRD under required information must be sub- paragraph (a) or (b) of this section mitted to the SRD at monthly inter- must provide the following information vals postmarked not later than 5 days when interviewed by the SRD: after the end of each month. Reporting (1) Name and official number of ves- frequencies and reporting deadlines may be modified upon notification by sel and permit number, if applicable. the SRD. (2) Length and tonnage. (ii) On demand, a dealer who has been (3) Current home port. issued a dealer permit for rock shrimp, (4) Fishing areas. as required under § 622.4(a)(4), must (5) Ports where fish were offloaded make available to an authorized officer during the last year. all records of offloadings, purchases, or (6) Type and quantity of gear. sales of rock shrimp. (7) Number of full- and part-time (d) Individuals with coral or live rock fishermen or crew members. permits. (1) An individual with a Fed- [61 FR 34940, July 3, 1996, as amended at 61 eral allowable octocoral permit must FR 43956, Aug. 27, 1996; 61 FR 47448, Sept. 9, submit a report of harvest to the SRD. 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 57590, Specific reporting requirements will be Oct. 28, 1998; 64 FR 59126, Nov. 2, 1999; 64 FR provided with the permit. 68935, Dec. 9, 1999] (2) A person with a Federal EFFECTIVE DATE NOTE: At 67 FR 43565, June aquacultured live rock permit must re- 28, 2002, § 622.5 was amended by revising para- port to the RA each deposition of ma- graph (b)(1), effective Dec. 26, 2002. For the terial on a site. Such reports must be convenience of the user, the revised text fol- postmarked not later than 7 days after lows:

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§ 622.5 Recordkeeping and reporting. required for the Caribbean reef fish fishery and Caribbean spiny lobster * * * * * fishery are assigned by Puerto Rico or (b) * * * the U.S. Virgin Islands, whichever is (1) Coastal migratory pelagic fish, reef fish, applicable; color codes required in all and snapper-grouper. The owner or operator other fisheries are assigned by the RA. of a vessel for which a charter vessel/ The color code must be displayed— headboat permit for Gulf coastal migratory (A) On the port and starboard sides of pelagic fish, South Atlantic coastal migra- the deckhouse or hull and, for vessels tory pelagic fish, Gulf reef fish, or South At- over 25 ft (7.6 m) long, on an appro- lantic snapper-grouper has been issued, as re- priate weather deck, so as to be clearly quired under § 622.4(a)(1), or whose vessel fishes for or lands such coastal migratory pe- visible from an enforcement vessel or lagic fish, reef fish, or snapper-grouper in or aircraft. from state waters adjoining the Gulf or (B) In the form of a circle perma- South Atlantic EEZ, who is selected to re- nently affixed to or painted on the ves- port by the SRD must maintain a fishing sel. record for each trip, or a portion of such (C) At least 18 inches (45.7 cm) in di- trips as specified by the SRD, on forms pro- ameter for vessels over 65 ft (19.8 m) vided by the SRD and must submit such record as specified in paragraph (b)(2) of this long; at least 10 inches (25.4 cm) in di- section. ameter for vessels over 25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in § 622.6 Vessel and gear identification. diameter for vessels 25 ft (7.6 m) long or (a) Vessel identification—(1) Applica- less. bility—(i) Official number. A vessel for (2) Duties of operator. The operator of which a permit has been issued under a vessel specified in paragraph (a)(1) of § 622.4, and a vessel that fishes for or this section must keep the official possesses shrimp in the Gulf EEZ, must number and the color code, if applica- display its official number— ble, clearly legible and in good repair (A) On the port and starboard sides of and must ensure that no part of the the deckhouse or hull and, for vessels fishing vessel, its rigging, fishing gear, over 25 ft (7.6 m) long, on an appro- or any other material on board ob- priate weather deck, so as to be clearly structs the view of the official number visible from an enforcement vessel or or the color code, if applicable, from an aircraft. enforcement vessel or aircraft. (B) In block arabic numerals perma- (b) Gear identification—(1) Traps/pots nently affixed to or painted on the ves- and associated buoys—(i) Traps or pots— sel in contrasting color to the back- (A) Caribbean EEZ. A fish trap or spiny ground. lobster trap used or possessed in the (C) At least 18 inches (45.7 cm) in Caribbean EEZ must display the offi- height for vessels over 65 ft (19.8 m) cial number specified for the vessel by long; at least 10 inches (25.4 cm) in Puerto Rico or the U.S. Virgin Islands height for vessels over 25 ft (7.6 m) so as to be easily identified. long; and at least 3 inches (7.6 cm) in (B) Gulf and South Atlantic EEZ. A height for vessels 25 ft (7.6 m) long or fish trap used or possessed in the Gulf less. EEZ and a sea bass pot used or pos- (ii) Official number and color code. The sessed in the South Atlantic EEZ be- following vessels must display their of- tween 35°15.19′ N. lat. (due east of Cape ficial number as specified in paragraph Hatteras Light, NC) and 28°35.1′ N. lat. (a)(1)(i) of this section and, in addition, (due east of the NASA Vehicle Assem- must display their assigned color code: bly Building, Cape Canaveral, FL), or a A vessel for which a fish trap endorse- fish trap or sea bass pot on board a ves- ment has been issued, as required sel with a commercial permit for Gulf under § 622.4(a)(2)(i); a vessel for which reef fish or South Atlantic snapper- a permit has been issued to fish with a grouper, must have a valid identifica- sea bass pot, as required under tion tag issued by the RA attached. A § 622.4(a)(2)(vi); a vessel in the commer- golden crab trap used or possessed in cial Caribbean reef fish fishery fishing the South Atlantic EEZ or on board a with traps; and a vessel in the Carib- vessel with a commercial permit for bean spiny lobster fishery. Color codes golden crab must have the commercial

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vessel permit number permanently af- yd (91.4 m) or less. Each such distinc- fixed so as to be easily distinguished, tive float must display the official located, and identified; an identifica- number of the vessel. tion tag issued by the RA may be used [61 FR 34934, July 3, 1996, as amended at 61 for this purpose but is not required. FR 43957, Aug. 27, 1996; 63 FR 10567, Mar. 4, (ii) Associated buoys. A buoy that is 1998; 63 FR 57590, Oct. 28, 1998; 64 FR 59126, attached to a trap or pot must display Nov. 2, 1999; 65 FR 52957, Aug. 31, 2000; 67 FR the official number and assigned color 22362, May 3, 2002] code so as to be easily distinguished, EFFECTIVE DATE NOTE: At 67 FR 51078, Aug. located, and identified as follows: 7, 2002, § 622.6 was amended by revising para- (A) Caribbean EEZ. Each buoy must graph (a)(1)(i) introductory text, effective display the official number and color Dec. 5, 2002. For the convenience of the user, code assigned to the vessel by Puerto the revised text follows: Rico or the U.S. Virgin Islands, which- § 622.6 Vessel and gear identification. ever is applicable. (a) * * * (B) Gulf and South Atlantic EEZ. Each (1) * * * buoy must display the official number (i) Official number. A vessel for which a per- and color code assigned by the RA. In mit has been issued under § 622.4 must dis- the Gulf EEZ, a buoy must be attached play its official number— 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 § 622.7 Prohibitions. display the official number and color In addition to the general prohibi- code. However, no color code is re- tions in § 600.725 of this chapter, it is quired on a buoy attached to a golden unlawful for any person to do any of crab trap. the following: (iii) Presumption of ownership. A Car- (a) Engage in an activity for which a ibbean spiny lobster trap, a fish trap, a valid Federal permit, license, or en- golden crab trap, or a sea bass pot in dorsement is required under § 622.4 the EEZ will be presumed to be the without such permit, license, or en- property of the most recently docu- dorsement. mented owner. This presumption will (b) Falsify information on an applica- not apply with respect to such traps tion for a permit, license, or endorse- and pots that are lost or sold if the ment or submitted in support of such owner reports the loss or sale within 15 application, as specified in § 622.4(b), days to the RA. (g), (p), (q), or (r) or in § 622.18. (iv) Unmarked traps, pots, or buoys. An (c) Fail to display a permit, license, unmarked Caribbean spiny lobster or endorsement, as specified in trap, a fish trap, a golden crab trap, a § 622.4(i). sea bass pot, or a buoy deployed in the (d) Falsify or fail to maintain, sub- EEZ where such trap, pot, or buoy is mit, or provide information or fail to required to be marked is illegal and comply with inspection requirements may be disposed of in any appropriate or restrictions, as specified in § 622.5(a) manner by the Assistant Adminis- through (f). trator or an authorized officer. (e) Fail to make a fish, or parts (2) Gillnet buoys. On board a vessel thereof, available for inspection, as with a valid Spanish mackerel permit specified in § 622.5(e). that is fishing for Spanish mackerel in, (f) Falsify or fail to display and or that possesses Spanish mackerel in maintain vessel and gear identifica- or from, the South Atlantic EEZ off tion, as specified in § 622.6(a) and (b) or Florida north of 25°20.4′ N. lat., which § 622.4(r)(11). is a line directly east from the Miami– (g) Fail to comply with any require- Dade/Monroe County, FL, boundary, ment or restriction regarding ITQ cou- the float line of each gillnet possessed, pons, as specified in § 622.15(c)(3), (c)(5), including any net in use, must have a (c)(6), or (c)(7). maximum of nine distinctive floats, (h) Possess wreckfish as specified in i.e., different from the usual net buoys, § 622.15(c)(4), receive wreckfish except spaced uniformly at a distance of 100 as specified in § 622.15(c)(7), or offload a

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wreckfish except as specified in § 622.15 (r) Fail to comply with the species- (d)(3) and (d)(4). specific limitations, as specified in (i) Transfer— § 622.41. (1) A wreckfish, as specified in (s) Fail to comply with the restric- § 622.15(d)(1); tions that apply after closure of a fish- (2) A limited-harvest species, as spec- ery, as specified in § 622.43. ified in § 622.32(c) introductory text; (t) Possess on board a vessel or land, (3) A species/species group subject to purchase, or sell fish in excess of the a bag limit, as specified § 622.39(a)(1); commercial trip limits, as specified in (4) South Atlantic snapper-grouper § 622.44. from a vessel with unauthorized gear (u) Fail to comply with the restric- on board, as specified in tions on sale/purchase, as specified in § 622.41(d)(2)(iii); or § 622.45. (5) A species subject to a commercial (v) Interfere with fishing or obstruct trip limit, as specified in § 622.44. or damage fishing gear or the fishing (j) Use or possess prohibited gear or vessel of another, as specified in methods or possess fish in association § 622.46(a). with possession or use of prohibited (w) Fail to comply with the require- gear, as specified in § 622.31. ments for observer coverage as speci- (k) Fish for, harvest, or possess a pro- fied in § 622.10. hibited species, or a limited-harvest (x) Assault, resist, oppose, impede, species in excess of its limitation, sell or purchase such species, fail to comply intimidate, or interfere with a NMFS- with release requirements, or molest or approved observer aboard a vessel. strip eggs from a Caribbean spiny lob- (y) Prohibit or bar by command, im- ster, as specified in § 622.32. pediment, threat, coercion, or refusal (l) Fish in violation of the prohibi- of reasonable assistance, an observer tions, restrictions, and requirements from conducting his or her duties applicable to seasonal and/or area clo- aboard a vessel. sures, including but not limited to: (z) Fish for or possess golden crab in Prohibition of all fishing, gear restric- or from a fishing zone or sub-zone of tions, restrictions on take or retention the South Atlantic EEZ other than the of fish, fish release requirements, and zone or sub-zone for which the vessel is restrictions on use of an anchor or permitted or authorized, as specified in grapple, as specified in § 622.33, § 622.34, § 622.17(b). or § 622.35, or as may be specified under (aa) Falsify information submitted § 622.46 (b) or (c). regarding an application for testing a (m) Harvest, possess, offload, sell, or BRD, testing of a BRD, or the results purchase fish in excess of the seasonal of such testing, as specified in harvest limitations, as specified in § 622.41(g)(3)(i) or (h)(3). § 622.36. (bb) [Reserved] (n) Except as allowed under § 622.37(c) (2) and (3) for king and Spanish mack- [61 FR 34934, July 3, 1996, as amended at 61 erel, possess undersized fish, fail to re- FR 43957, Aug. 27, 1996; 61 FR 48415, Sept. 13, lease undersized fish, or sell or pur- 1996; 62 FR 67722, Dec. 30, 1997; 63 FR 38301, chase undersized fish, as specified in July 16, 1998; 63 FR 57590, Oct. 28, 1998; 64 FR § 622.37. 37693, July 13, 1999; 64 FR 43941, Aug. 12, 1999; 64 FR 68935, Dec. 9, 1999; 67 FR 22361, May 3, (o) Fail to maintain a fish intact 2002; 67 FR 43565, June 28, 2002] through offloading ashore, as specified in § 622.38. § 622.8 At-sea observer coverage. (p) Exceed a bag or possession limit, as specified in § 622.39. (a) If a vessel’s trip is selected by the (q) Fail to comply with the limita- SRD for observer coverage, the owner tions on traps and pots, including but or operator of a vessel for which a com- not limited to: Tending requirements, mercial permit for golden crab has constructions requirements, and area been issued, as required under specific restrictions, as specified in § 622.4(a)(2)(x), must carry a NMFS-ap- § 622.40. proved observer.

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(b) When notified in writing by the (2) All or a portion of a person’s per- SRD that his or her vessel has been se- centage shares may be transferred to lected to carry an NMFS-approved ob- another person. Transfer of shares server, an owner or operator must ad- must be reported on a form available vise the SRD in writing not less than 5 from the RA. The RA will confirm, in days in advance of each trip of the fol- writing, each transfer of shares. The ef- lowing: fective date of each transfer is the con- (1) Departure information (port, firmation date provided by the RA. The dock, date, and time). confirmation date will normally be not (2) Expected landing information later than 3 working days after receipt (port, dock, and date). of a properly completed transfer form. (c) An owner or operator of a vessel A fee is charged for each transfer of on which a NMFS approved observer is shares. The amount of the fee is cal- embarked must: culated in accordance with the proce- (1) Provide accommodations and food dures of the NOAA Finance Handbook, that are equivalent to those provided available from the RA, for determining to the crew. the administrative costs of each spe- (2) Allow the observer access to and cial product or service provided by use of the vessel’s communications NOAA to non-Federal recipients. The equipment and personnel upon request fee may not exceed such costs and is for the transmission and receipt of specified with each transfer form. The messages related to the observer’s du- appropriate fee must accompany each ties. transfer form. (3) Allow the observer access to and (b) Lists of wreckfish shareholders and use of the vessel’s navigation equip- permitted vessels. Annually, on or about ment and personnel upon request to de- March 1, the RA will provide each termine the vessel’s position. wreckfish shareholder with a list of all (4) Allow the observer free and unob- wreckfish shareholders and their per- structed access to the vessel’s bridge, centage shares, reflecting share trans- working decks, holding bins, weight actions on forms received through Feb- scales, holds, and any other space used ruary 15. Annually by April 15, the RA to hold, process, weigh, or store golden will provide each dealer who holds a crab. dealer permit for wreckfish, as re- (5) Allow the observer to inspect and quired under § 622.4(a)(4), with a list of copy the vessel’s log, communications vessels for which wreckfish permits logs, and any records associated with have been issued, as required under the catch and distribution of golden § 622.4(a)(2)(vii). Annually, by April 15, crab for that trip. the RA will provide each wreckfish shareholder with a list of dealers who [61 FR 43957, Aug. 27, 1996, as amended at 63 have been issued dealer permits for FR 57590, Oct. 28, 1998] wreckfish. From April 16 through Jan- uary 14, updated lists will be provided Subpart B—Effort Limitations when required. Updated lists may be obtained at other times or by a person § 622.15 Wreckfish individual transfer- who is not a wreckfish shareholder or able quota (ITQ) system. wreckfish dealer permit holder by writ- The provisions of this section apply ten request to the RA. to wreckfish in or from the South At- (c) ITQs. (1) Annually, as soon after lantic EEZ. March 1 as the TAC for wreckfish for (a) Percentage shares. (1) In accord- the fishing year that commences April ance with the procedure specified in 16 is known, the RA will calculate each the Fishery Management Plan for the wreckfish shareholder’s ITQ. Each ITQ Snapper-Grouper Fishery of the South is the product of the wreckfish TAC, in Atlantic Region, percentage shares of round weight, for the ensuing fishing the quota for wreckfish have been as- year, the factor for converting round signed. Each person has been notified weight to eviscerated weight, and each by the RA of his or her percentage wreckfish shareholder’s percentage share and shareholder certificate num- share, reflecting share transactions re- ber. ported on forms received by the RA

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through February 15. Thus, the ITQs holds a dealer permit for wreckfish, as will be in terms of eviscerated weight required under § 622.4(a)(4). of wreckfish. (7) A dealer may receive a wreckfish (2) The RA will provide each only from a vessel for which a commer- wreckfish shareholder with ITQ cou- cial permit for wreckfish has been pons in various denominations, the issued, as required under total of which equals his or her ITQ, § 622.4(a)(2)(vii). A dealer must receive and a copy of the calculations used in the ‘‘Fish House’’ part of ITQ coupons determining his or her ITQ. Each cou- in amounts totaling the eviscerated pon will be coded to indicate the initial weight of the wreckfish received; enter recipient. the permit number of the vessel from (3) An ITQ coupon may be transferred which the wreckfish were received, from one wreckfish shareholder to an- enter the date the wreckfish were re- ceived, enter the dealer’s permit num- other by completing the sale endorse- ber, and sign each such ‘‘Fish House’’ ment thereon (that is, the signature part; and submit all such parts with and shareholder certificate number of the dealer reports required by the buyer). An ITQ coupon may be pos- § 622.5(c)(5)(i). sessed only by the shareholder to (8) An owner or operator of a vessel whom it has been issued, or by the and a dealer must make available to an shareholder’s employee, contractor, or authorized officer all ITQ coupons in agent, unless the ITQ coupon has been his or her possession upon request. transferred to another shareholder. An (d) Wreckfish limitations. (1) A ITQ coupon that has been transferred wreckfish taken in the South Atlantic to another shareholder may be pos- EEZ may not be transferred at sea, re- sessed only by the shareholder whose gardless of where the transfer takes signature appears on the coupon as the place; and a wreckfish may not be buyer, or by the shareholder’s em- transferred in the South Atlantic EEZ. ployee, contractor, or agent, and with (2) A wreckfish possessed by a fisher- all required sale endorsements properly man or dealer shoreward of the outer completed. boundary of the South Atlantic EEZ or (4) Wreckfish may not be possessed in a South Atlantic coastal state will on board a fishing vessel— be presumed to have been harvested (i) In an amount exceeding the total from the South Atlantic EEZ unless of the ITQ coupons on board the vessel; accompanied by documentation that it (ii) That does not have on board a was harvested from other than the commercial vessel permit for South Atlantic EEZ. wreckfish, as required under (3) A wreckfish may be offloaded § 622.4(a)(2)(vii); or from a fishing vessel only between 8 (iii) That does not have on board log- a.m. and 5 p.m., local time. book forms for that fishing trip, as re- (4) If a wreckfish is to be offloaded at quired under § 622.5(a)(1)(iv)(B). a location other than a fixed facility of (5) Prior to termination of a trip, a a dealer who holds a dealer permit for signature and date signed must be af- wreckfish, as required under fixed in ink to the ‘‘Fisherman’’ part of § 622.4(a)(4), the wreckfish shareholder ITQ coupons in denominations equal to or the vessel operator must advise the the eviscerated weight of the wreckfish NMFS, Office of Enforcement, South- on board. The ‘‘Fisherman’’ part of east Region, St. Petersburg, FL, by each such coupon must be separated telephone (1–800–853–1964), of the loca- from the coupon and submitted with tion not less than 24 hours prior to off- the logbook forms required by loading. § 622.5(a)(1)(iv)(B) for that fishing trip. [61 FR 34934, July 3, 1996, as amended at 64 (6) The ‘‘Fish House’’ part of each FR 59126, Nov. 2, 1999] such coupon must be given to the deal- er to whom the wreckfish are trans- § 622.16 Red snapper individual trans- ferred in amounts totaling the evis- ferable quota (ITQ) system. cerated weight of the wreckfish trans- The ITQ system established by this ferred to that dealer. A wreckfish may section will remain in effect through be transferred only to a dealer who March 31, 2000, during which time

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NMFS and the GMFMC will evaluate fer form. The appropriate fee must ac- the effectiveness of the system. Based company each transfer form. on the evaluation, the system may be (3) On or about January 1 each year, modified, extended, or terminated. the RD will provide each red snapper (a) Percentage shares. (1) Initial per- shareholder with a list of all red snap- centage shares of the annual quota of per shareholders and their percentage red snapper are assigned to persons in shares, reflecting share transfers as in- accordance with the procedure speci- dicated on properly completed transfer fied in Amendment 8 to the Fishery forms received through October 31. Up- Management Plan for the Reef Fish dated lists may be obtained at other Fishery of the Gulf of Mexico (FMP) times, and by persons who are not red and in paragraphs (c)(1) through (c)(4) snapper shareholders, by written re- of this section. Each person is notified quest to the RD. by the RD of his or her initial percent- (b) ITQs. (1) Annually, as soon after age shares. If additional shares become November 15 as the following year’s red available to NMFS, such as by for- snapper quota is established, the RD feiture pursuant to subpart F of 15 CFR will calculate each red snapper share- part 904 for rule violations, such shares holder’s ITQ in terms of eviscerated will be proportionately reissued to weight. Each ITQ is the product of the shareholders based on their shares as of red snapper quota, in round weight, for November 1, after the additional shares the ensuing fishing year, the factor for become available. If NMFS is required converting round weight to eviscerated to issue additional shares, such as may weight, and each red snapper share- be required in the resolution of dis- holder’s percentage share, reflecting putes, existing shares will be propor- share transfers reported on forms re- tionately reduced. This reduction of ceived by the RD through October 31. shares will be based on shares as of No- (2) The RD will provide each red vember 1 after the required addition of snapper shareholder with ITQ coupons shares. in various denominations, the total of (2) All or a portion of a person’s per- which equals his or her ITQ, and a copy centage shares may be transferred to of the calculations used in determining another person who is a U.S. citizen or his or her ITQ. Each coupon will be permanent resident alien. (See para- coded to indicate the initial recipient. graph (c)(5) of this section for restric- (3) An ITQ coupon may be trans- tions on the transfer of shares in the ferred. If the transfer is by sale, the initial months under the ITQ system.) seller must enter the sale price on the Transfer of shares must be reported on coupon. a form available from the RD. The RD (4) Except when the red snapper bag will confirm, in writing, the registra- limit applies, red snapper in or from tion of each transfer. The effective the EEZ or on board a vessel that has date of each transfer is the confirma- been issued a commercial permit for tion date provided by the RD. The con- Gulf reef fish, as required under firmation of registration date will nor- § 622.4(a)(2)(v), may not be possessed in mally be not later than 3 working days an amount, in eviscerated weight, ex- after receipt of a properly completed ceeding the total of ITQ coupons on transfer form. However, reports of board. (See § 622.39(a) for applicability share transfers received by the RD of the bag limit.) from November 1 through December 31 (5) Prior to termination of a trip, the will not be recorded or confirmed until operator’s signature and the date after January 1. A fee is charged for signed must be written in ink on the each transfer of percentage shares. The ‘‘Vessel’’ part of ITQ coupons totaling amount of the fee is calculated in ac- at least the eviscerated weight of the cordance with the procedures of the red snapper on board. An owner or op- NOAA Finance Handbook for deter- erator of a vessel must separate the mining the administrative costs of ‘‘Vessel’’ part of each such coupon, each special product or service pro- enter thereon the permit number of the vided by NOAA to non-Federal recipi- dealer to whom the red snapper are ents. The fee may not exceed such transferred, and submit the ‘‘Vessel’’ costs and is specified with each trans- parts with the logbook forms for that

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fishing trip. An owner or operator of a the crew, who was paid from the share vessel must make available to an au- under his or her control. thorized officer all ITQ coupons in his (B) Landed from that vessel at least or her possession upon request. 5,000 lb (2,268 kg) of red snapper per (6) Red snapper harvested from the year in 2 of the 3 years 1990, 1991, and EEZ or possessed by a vessel with a 1992. commercial permit for Gulf reef fish, (C) Derived more than 50 percent of as required under § 622.4(a)(2)(v), may his or her earned income from commer- be transferred only to a dealer with a cial fishing, that is, sale of the catch, Gulf reef fish permit, as required under in each of the years 1989 through 1993. § 622.4(a)(4). The ‘‘Fish House’’ part of (D) Landed red snapper prior to No- each ITQ coupon must be given to such vember 7, 1989. dealer, or the agent or employee of (2) Initial shares. (i) Initial shares are such dealer, in amounts totaling at apportioned to initial shareholders least the eviscerated weight of the red based on each shareholder’s average of snapper transferred to that dealer. the top 2 years’ landings in 1990, 1991, (7) A dealer with a Gulf reef fish per- and 1992. However, no person who is an mit may receive red snapper only from initial shareholder under paragraph a vessel that has on board a commer- (c)(1) of this section will receive an ini- cial permit for Gulf reef fish. A dealer, tial percentage share that will amount or the agent or employee of a dealer, to less than 100 lb (45.36 kg), round must receive the ‘‘Fish House’’ part of weight, of red snapper (90 lb (41 kg), ITQ coupons totaling at least the evis- cerated weight of the red snapper re- eviscerated weight). ceived. Immediately upon receipt of (ii) The percentage shares remaining red snapper, the dealer, or the agent or after the minimum shares have been employee of the dealer, must enter the calculated under paragraph (c)(2)(i) of permit number of the vessel received this section are apportioned based on from and date and sign each such ‘‘Fish each remaining shareholder’s average House’’ part. The dealer must submit of the top 2 years’ landings in 1990, 1991, all such parts as required by paragraph and 1992. In a case where a landing is (d)(6) of this section. A dealer, agent, associated with an owner and a histor- or employee must make available to an ical captain, such landing is appor- authorized officer all ITQ coupons in tioned between the owner and histor- his or her possession upon request. ical captain in accordance with the (c) Procedures for implementation—(1) share agreement in effect at the time Initial shareholders. The following per- of the landing. sons are initial shareholders in the red (iii) The determinations of landings snapper ITQ system: of red snapper during the period 1990 (i) Either the owner or operator of a through 1992 and historical captain sta- vessel with a valid permit on August tus are made in accordance with the 29, 1995, provided such owner or oper- data collected under Amendment 9 to ator had a landing of red snapper dur- the FMP. Those data identify each red ing the period 1990 through 1992. If the snapper landing during the period 1990 earned income of an operator was used through 1992. Each landing is associ- to qualify for the permit that is valid ated with an owner and, when an opera- on August 29, 1995, such operator is the tor’s earned income was used to qualify initial shareholder rather than the for the vessel permit at the time of the owner. In the case of an owner, the landing, with such operator. Where ap- term ‘‘person’’ includes a corporation propriate, a landing is also associated or other legal entity; and with a historical captain. However, a (ii) A historical captain. A historical red snapper landings record during that captain means an operator who meets period that is associated solely with an all of the following qualifications: owner may be retained by that owner (A) From November 6, 1989, through or transferred as follows: 1993, fished solely under verbal or writ- (A) An owner of a vessel with a valid ten share agreements with an owner, commercial permit for Gulf reef fish on and such agreements provided for the August 29, 1995, who transferred a ves- operator to be responsible for hiring sel permit to another vessel owned by

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him or her will retain the red snapper sider written requests from persons landings record for the previous vessel. who contest their tentative status as (B) An owner of a vessel with a valid an initial shareholder, including his- commercial permit for Gulf reef fish on torical captain status, or tentative August 29, 1995, will retain the landings landings record. In addition to consid- record of a permitted vessel if the ves- ering written requests, the board may sel had a change of ownership to an- allow personal appearances by such other entity without a substantive persons before the board. change in control of the vessel. It will (ii) The panel is only empowered to be presumed that there was no sub- consider disputed calculations or deter- stantive change in control of a vessel if minations based on documentation a successor in interest received at least submitted under Amendment 9 to the a 50 percent interest in the vessel as a FMP regarding landings of red snapper result of the change of ownership during the period 1990 through 1992, in- whether the change of ownership was— cluding transfers of such landings (1) From a closely held corporation records, or regarding historical captain to its majority shareholder; status. In addition, the panel may con- (2) From an individual who became sider applications and documentation the majority shareholder of a closely of landings not submitted under held corporation receiving the vessel; Amendment 9 if, in the board’s opinion, (3) Between closely held corporations there is justification for the late appli- with a common majority shareholder; cation and documentation. The board or is not empowered to consider an appli- (4) From one to another of the fol- cation from a person who believes he or lowing: Husband, wife, son, daughter, she should be eligible because of hard- brother, sister, mother, or father. ship or other factors. (C) In other cases of transfer of a per- (iii) A written request for consider- mit through change of ownership of a ation by the board must be submitted vessel, an owner of a vessel with a valid to the RD, postmarked not later than commercial permit for Gulf reef fish on December 27, 1995, and must contain August 29, 1995, will receive credit for documentation supporting the allega- the landings record of the vessel before tions that form the basis for the re- his or her ownership only if there is a quest. legally binding agreement for transfer (iv) The board will meet as necessary of the landings record. to consider each request that is sub- (iv) Requests for transfers of landings mitted in a timely manner. Members of records must be submitted to the RD the appeals board will provide their in- and must be postmarked not later than dividual recommendations for each ap- December 14, 1995. The RD may require peal to the GMFMC, which will in turn documentation supporting such re- submit its recommendation to the RD. quest. After considering requests for The board and the GMFMC will rec- transfers of landings records, the RD ommend whether the eligibility cri- will advise each initial shareholder or teria, specified in Amendment 8 to the applicant of his or her tentative alloca- FMP and paragraphs (c)(1) and (c)(2) of tion of shares. this section, were correctly applied in (3) Notification of status. The RD will each case, based solely on the available advise each owner, operator, and his- record including documentation sub- torical captain for whom NMFS has a mitted by the applicant. The GMFMC record of a red snapper landing during will also base its recommendation on the period 1990 through 1992, including the recommendations of the board. The those who submitted such record under RD will decide the appeal based on the Amendment 9 to the FMP, of his or her above criteria and the available record, tentative status as an initial share- including documentation submitted by holder and the tentative landings the applicant and the recommendation record that will be used to calculate of the GMFMC. The RD will notify the his or her initial share. appellant of his decision and the reason (4) Appeals. (i) A special advisory therefor, in writing, normally within 45 panel, appointed by the GMFMC to days of receiving the GMFMC’s rec- function as an appeals board, will con- ommendation. The RD’s decision will

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constitute the final administrative ac- (6) In any month that a red snapper is tion by NMFS on an appeal. received, a dealer must submit the re- (v) Upon completion of the appeal port required under § 622.5(c)(3)(ii). The process, the RD will issue share certifi- ‘‘Fish House’’ parts of red snapper indi- cates to initial shareholders. vidual transferable coupons, received (5) Transfers of shares. The following during the month in accordance with restrictions apply to the transfer of paragraph (b) of this section, must be shares: submitted to the SRD with the report. (i) The transfer of shares is prohib- (7) It is unlawful for a person to do ited through September 30, 1996. any of the following: (ii) From October 1, 1996, through (i) Receive red snapper from a fishing September 30, 1997, shares may be vessel without a dealer permit for Gulf transferred only to other persons who reef fish. are initial shareholders and are U.S. (ii) Fail to carry a copy of the deal- citizens or permanent resident aliens. er’s permit, as specified in paragraph (d) Exceptions/additions to general (d)(3) of this section. measures. Other provisions of this part (iii) Fail to comply with a condition notwithstanding— of a permit, as specified in paragraph (1) Management of the red snapper (d)(4) or (d)(5) of this section. ITQ system extends to adjoining state (iv) Fail to report red snapper re- waters in the manner stated in para- ceived, as specified in paragraph (d)(6) graphs (d)(2) and (d)(3) of this section. of this section. (2) For a dealer to receive red snapper EFFECTIVE DATE NOTE: At 61 FR 48415, harvested from state waters adjoining Sept. 13, 1996, § 622.16 was stayed indefinitely. the Gulf EEZ by or possessed on board a vessel with a commercial permit for § 622.17 South Atlantic golden crab Gulf reef fish, the dealer permit for controlled access. Gulf reef fish specified in § 622.4(a)(4) (a) General. In accordance with the must have been issued to the dealer. procedures specified in the Fishery (3) A copy of the dealer’s permit must Management Plan for the Golden Crab accompany each vehicle that is used to Fishery of the South Atlantic Region, pick up from a fishing vessel red snap- initial commercial vessel permits have per from adjoining state waters har- been issued for the fishery. All permits vested by or possessed on board a ves- in the fishery are issued on a fishing- sel with a commercial permit for Gulf year (calendar-year) basis. No addi- reef fish. tional permits may be issued except as (4) As a condition of a commercial follows: vessel permit for Gulf reef fish, without (1) For the southern zone. (i) Upon ap- regard to where red snapper are har- plication, the RA will reissue a permit vested or possessed, a vessel with such for the southern zone for a vessel that permit must comply with the red snap- held a valid permit for that zone in Oc- per ITQ requirements of paragraph (b) tober 2000 but did not meet the 5,000-lb of this section; may not transfer or re- (2,268-kg) requirement for renewal in ceive red snapper at sea; and must the following year. maintain red snapper with head and (ii) An application for a permit under fins intact through landing, and the ex- paragraph (a)(1) of this section must be ceptions to that requirement contained received by the RA no later than July in § 622.38(d) do not apply to red snap- 2, 2002. per. Red snapper may be eviscerated, (2) For the northern zone. (i) The RA gilled, and scaled but must otherwise will issue up to two new vessel permits be maintained in a whole condition. for the northern zone. Selection will be (5) As a condition of a dealer permit made from the list of historical partici- for Gulf reef fish, as required under pants in the South Atlantic golden § 622.4(a)(4) or under paragraph (d)(2) of crab fishery. Such list was used at the this section, without regard to where October 1995 meeting of the South At- red snapper are harvested or possessed, lantic Fishery Management Council a permitted dealer must comply with and was prioritized based on pounds of the red snapper ITQ requirements of golden crab landed, without reference paragraph (b) of this section. to a specific zone. Individuals on the

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list who originally received permits is established bounded on the north by will be deleted from the list. 24°15′ N. lat., on the south by 24°07′ N. (ii) The RA will offer in writing an lat., on the east by 81°22′ W. long., and opportunity to apply for a permit for on the west by 81°56′ W. long. No vessel the northern zone to the individuals with a documented length overall highest on the list until two accept and greater than 65 ft (19.8 m) may fish for apply in a timely manner. An offer golden crab in this sub-zone, and a ves- that is not accepted within 30 days sel with a documented length overall of after it is received will no longer be 65 ft (19.8 m) or less that is permitted valid. for the southern zone may fish for gold- (iii) An application for a permit from en crab only in this sub-zone. an individual who accepts the RA’s (4) Procedure for changing zones. (i) offer must be received by the RA no Upon request from an owner of a per- later than 30 days after the date of the mitted vessel, the RA will change the individual’s acceptance. Application zone specified on a permit from the forms are available from the RA. middle or southern zone to the north- (iv) A vessel permit for the northern ern zone. No other changes in the zone zone issued under paragraph (a)(2) of specified on a permit are allowed, ex- this section, and any successor permit, cept as specified in paragraph (b)(4)(ii) may not be changed to another zone. A of this section. An owner of a per- successor permit includes a permit mitted vessel who desires a change to issued to that vessel for a subsequent the northern zone must submit his/her owner and a permit issued via transfer request with the existing permit to the from that vessel to another vessel. RA. (b) Fishing zones—(1) Designation of (ii) Through May 3, 2005, upon re- fishing zones. The South Atlantic EEZ quest, the RA will change a vessel per- is divided into three fishing zones for mit back to the southern zone for an golden crab as follows: owner of a vessel, or the subsequent (i) Northern zone—the South Atlan- owner of a vessel, whose permit was tic EEZ north of 28° N. lat. changed from the southern zone to the (ii) Middle zone—the South Atlantic northern zone provided that the docu- EEZ from 28° N. lat. to 25° N. lat. mented length overall of the vessel to (iii) Southern zone—the South Atlan- be used in the southern zone is not tic EEZ south of 25° N. lat. more than 20 percent greater than the (2) Authorization to fish in zones. Each vessel whose permit was originally vessel permit indicates one of the zones changed from the southern zone to the specified in paragraph (b)(1) of this sec- northern zone. tion. A vessel with a permit to fish for (c) Transferring permits between ves- golden crab in the northern zone or the sels—(1) Procedure for transferring. An middle zone may fish only in that zone. owner of a vessel who desires a golden A vessel with a documented length crab permit may request that NMFS overall greater than 65 ft (19.8 m) with transfer an existing permit or permits a permit to fish for golden crab in the to his or her vessel by returning an ex- southern zone may fish in that zone, isting permit or permits to the RA consistent with the provisions of para- with an application for a permit for the graph (b)(3) of this section, and, replacement vessel. through May 3, 2005, may also fish in (2) Vessel size limitations on transfer- the northern zone. A vessel may pos- ring. (i) To obtain a permit for the mid- sess golden crab only in a zone in dle or southern zone via transfer, the which it is authorized to fish, except documented length overall of the re- that other zones may be transited if placement vessel may not exceed the the vessel notifies NMFS, Office of En- documented length overall, or aggre- forcement, Southeast Region, St. Pe- gate documented lengths overall, of the tersburg, FL, by telephone (727–570– replaced vessel(s) by more than 20 per- 5344) in advance and does not fish in a cent. The owner of a vessel permitted zone in which it is not authorized to for the middle or southern zone who fish. has requested that NMFS transfer that (3) Small-vessel sub-zone. Within the permit to a smaller vessel (i.e., southern zone, a small-vessel sub-zone downsized) may subsequently request

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NMFS transfer that permit to a vessel ruary 11, 1996, through February 11, of a length calculated from the length 1997, is NMFS’ permit records. An of the permitted vessel immediately owner of a currently permitted vessel prior to downsizing. who believes he/she meets the February (ii) There are no vessel size limita- 11, 1996, through February 11, 1997, per- tions to obtain a permit for the north- mit history criterion based on owner- ern zone via transfer. ship of a vessel under a different name, (d) Permit renewal. NMFS will not as may have occurred when ownership renew a commercial vessel permit for has changed from individual to cor- South Atlantic golden crab if the per- porate or vice versa, must document mit is revoked or if the RA does not re- his/her continuity of ownership. No ceive a required application for re- more than one owner of a currently newal within 6 months after the per- permitted vessel will be credited with mit’s expiration. See § 622.4(h) for the meeting the permit history criterion applicable general procedures and re- based on a vessel’s permit history. quirements for permit renewals. (2) Landings. (i) Landings of snapper- [67 FR 22361, May 3, 2002] grouper from the South Atlantic dur- ing the qualifying period are deter- § 622.18 South Atlantic snapper-group- mined from fishing vessel logbooks re- er limited access. ceived by the SRD on or before August (a) Applicability. Beginning December 20, 1996. State trip ticket data may be 14, 1998, the only valid commercial ves- considered in support of claimed land- sel permits for South Atlantic snapper- ings provided such trip ticket data grouper are those that have been issued were received by the state on or before under the limited access criteria in September 20, 1996. this section. A vessel may have either (ii) Only landings when a vessel had a a transferable commercial permit or a valid commercial permit for snapper- trip-limited commercial permit for grouper and only landings that were South Atlantic snapper-grouper. harvested, landed, and sold in compli- (b) Initial eligibility. A vessel is eligi- ance with state and Federal regula- ble for an initial limited access com- tions may be used to establish eligi- mercial permit for South Atlantic bility. snapper-grouper if the owner owned a (iii) For the purpose of eligibility for vessel with a commercial vessel permit a limited access commercial permit for for South Atlantic snapper-grouper at snapper-grouper, the owner of a vessel any time from February 11, 1996, that had a commercial snapper-grouper through February 11, 1997, and owned a permit during the qualifying period re- permitted vessel that had at least one tains the snapper-grouper landings landing of snapper-grouper from the record of that vessel during the time of South Atlantic from January 1, 1993, his/her ownership unless a sale of the through August 20, 1996, as reported on vessel included a written agreement fishing vessel logbooks received by the that credit for such landings was trans- SRD on or before August 20, 1996. An ferred to the new owner. Such transfer owner whose permitted vessels had of credit must be for the vessel’s entire landings of snapper-grouper from the record of landings of snapper-grouper South Atlantic of at least 1,000 lb (453.6 from the South Atlantic. kg), whole weight, in any one of the (d) Implementation procedures—(1) No- years 1993, 1994, or 1995, or in 1996 tification of status. On or about July 27, through August 20, as reported on fish- 1998, the RA will notify each owner of ing vessel logbooks received by the a vessel that had a commercial permit SRD on or before August 20, 1996, is eli- for South Atlantic snapper-grouper at gible for an initial transferable permit. any time from February 11, 1996, All other qualifying owners are eligible through February 11, 1997, and each for an initial trip-limited permit. owner of a vessel that has a commer- (c) Determinations of eligibility—(1) cial permit for South Atlantic snapper- Permit history. The sole basis for deter- grouper on July 16, 1998, of NMFS’ ini- mining whether a vessel had a commer- tial determination of eligibility for ei- cial vessel permit for South Atlantic ther a transferable or a trip-limited, snapper-grouper at any time from Feb- limited access commercial permit for

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South Atlantic snapper-grouper. Each (ii) If the eligibility requirements notification will include an application specified in paragraph (b) of this sec- for such permit. Addresses for such no- tion are not met, the RA will notify tifications will be based on NMFS’ per- the vessel owner, in writing, not later mit records. A vessel owner who be- than November 13, 1998 of such deter- lieves he/she qualifies for a limited ac- mination and the reasons for it. cess commercial permit for South At- (4) Reconsideration. (i) A vessel owner lantic snapper-grouper and who does may request reconsideration of the not receive such notification must ob- RA’s determination regarding initial tain an application from the RA. permit eligibility by submitting a writ- (2) Applications. (i) An owner of a ves- ten request for reconsideration to the sel who desires a limited access com- RA. Such request must be postmarked mercial permit for South Atlantic or hand delivered within 20 days of the snapper-grouper must submit an appli- date of the RA’s notification denying cation for such permit postmarked or initial permit issuance and must pro- hand-delivered not later than October vide written documentation supporting 14, 1998. Failure to apply in a timely permit eligibility. manner will preclude permit issuance (ii) Upon receipt of a request for re- even when the vessel owner meets the consideration, the RA will forward the eligibility criteria for such permit. initial application, the RA’s response (ii) A vessel owner who agrees with to that application, the request for re- NMFS’ initial determination of eligi- consideration, and pertinent records to bility, including type of permit (trans- an Application Oversight Board con- ferable or trip-limited), need provide sisting of state directors (or their des- no documentation of eligibility with ignees) from each state in the Council’s his/her application. area of jurisdiction. Upon request, a (iii) A vessel owner who disagrees vessel owner may make a personal ap- with the initial determination of eligi- pearance before the Application Over- bility or type of permit must specify sight Board. the type of permit applied for and pro- vide documentation of eligibility. Doc- (iii) If reconsideration by the Appli- umentation and other information sub- cation Oversight Board is requested, mitted on or with an application are such request constitutes the vessel subject to verification by comparison owner’s written authorization under with state, Federal, and other records section 402(b)(1)(F) of the Magnuson- and information. Submission of false Stevens Act for the RA to make avail- documentation or information may dis- able to the Application Oversight qualify an owner from initial participa- Board members such confidential catch tion in the limited access commercial and other records as are pertinent to South Atlantic snapper-grouper fishery the matter under reconsideration. and is a violation of the regulations in (iv) The Application Oversight Board this part. may only deliberate whether the eligi- (iv) If an application that is post- bility criteria specified in paragraph marked or hand delivered in a timely (b) of this section were applied cor- manner is incomplete, the RA will no- rectly in the vessel owner’s case, based tify the vessel owner of the deficiency. solely on the available record, includ- If the owner fails to correct the defi- ing documentation submitted by the ciency within 20 days of the date of the owner. The Application Oversight RA’s notification, the application will Board may not consider whether an be considered abandoned. owner should have been eligible for a (3) Issuance. (i) If a complete applica- commercial vessel permit because of tion is submitted in a timely manner hardship or other factors. The Applica- and the eligibility requirements speci- tion Oversight Board members will pro- fied in paragraph (b) of this section are vide individual recommendations for met, the RA will issue an initial com- each application for reconsideration to mercial vessel permit, transferable or the RA. trip-limited, as appropriate, and mail (v) The RA will make a final decision it to the vessel owner not later than based on the eligibility criteria speci- December 3, 1998. fied in paragraph (b) of this section and

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the available record, including docu- sel’s entire catch history to the new mentation submitted by the vessel owner. owner, and the recommendations and (2) Trip-limited permits. An owner of a comments from members of the Appli- vessel with a triplimited permit may cation Oversight Board. The RA may request that the RA transfer the per- not consider whether a vessel owner mit to another vessel owned by the should have been eligible for a com- same entity. mercial vessel permit because of hard- (f) Renewal. NMFS will not reissue a ship or other factors. The RA will no- commercial vessel permit for South tify the owner of the decision and the Atlantic snapper-grouper if the permit reason for it, in writing, within 15 days is revoked or if the RA does not receive of receiving the recommendations from an application for renewal within 60 the Application Oversight Board mem- days of the permit’s expiration date. bers. The RA’s decision will constitute [63 FR 38301, July 16, 1998, as amended at 64 the final administrative action by FR 59126, Nov. 2, 1999; 65 FR 51252, Aug. 23, NMFS. 2000] (e) Transfers of permits. A snapper- grouper limited access permit is valid Subpart C—Management only for the vessel and owner named on Measures the permit. To change either the vessel or the owner, an application for trans- § 622.30 Fishing years. fer must be submitted to the RA. The fishing year for species or species (1) Transferable permits. (i) An owner groups governed in this part is January of a vessel with a transferable permit 1 through December 31 except for the may request that the RA transfer the following: permit to another vessel owned by the (a) Allowable octocoral— October 1 same entity. through September 30. (ii) A transferable permit may be (b) King and Spanish mackerel. The transferred upon a change of ownership fishing year for the king and Spanish of a permitted vessel with such permit mackerel bag limits specified in from one to another of the following: § 622.39(c)(1) is January 1 through De- Husband, wife, son, daughter, brother, cember 31. The following fishing years sister, mother, or father. apply only for the king and Spanish (iii) A transferable permit may be mackerel quotas specified in § 622.42(c): transferred to a vessel whose owner (1) Gulf migratory group king mack- had, as of August 20, 1996, a written erel— July 1 through June 30. contract for the purchase of a vessel (2) All other migratory groups of king that included a provision transferring and Spanish mackerel— April 1 through to the new owner the rights to any lim- March 31. ited access permit to which the former (c) Wreckfish— April 16 through April owner might become entitled under the 15. provisions for initial issue of limited (d) South Atlantic greater amberjack— access permits. To be considered, any May 1 through April 30. such written contract must be sub- [61 FR 34934, July 3, 1996, as amended at 64 mitted to the RA postmarked or hand- FR 3627, Jan. 25, 1999] delivered on or before December 14, 1998. § 622.31 Prohibited gear and methods. (iv) Except as provided in paragraphs In addition to the prohibited gear/ (e)(1)(i), (ii), and (iii) of this section, a methods specified in this section, see person desiring to acquire a limited ac- §§ 622.33, 622.34, and 622.35 for seasonal/ cess, transferable permit for South At- area prohibited gear/methods and lantic snapper-grouper must obtain and § 622.41 for species specific authorized exchange two such permits for one new and unauthorized gear/methods. permit. (a) Explosives. An explosive (except an (v) A transfer of a permit that is un- explosive in a powerhead) may not be dertaken under paragraph (e)(1)(ii), used to fish in the Caribbean, Gulf, or (e)(1)(iii), or (e)(1)(iv) of this section South Atlantic EEZ. A vessel fishing in will constitute a transfer of the ves- the EEZ for a species governed in this

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part, or a vessel for which a permit has sion of a mutilated Caribbean reef fish been issued under § 622.4, may not have in or from the Caribbean EEZ, or a mu- on board any dynamite or similar ex- tilated South Atlantic snapper-grouper plosive substance. in or from the EEZ off South Carolina, (b) Chemicals and plants. A toxic and a powerhead is prima facie evidence chemical may not be used or possessed that such fish was harvested by a in a coral area, and a chemical, plant, powerhead. or plant-derived toxin may not be used (h) Rebreathers and spearfishing gear. to harvest a Caribbean coral reef re- In the South Atlantic EEZ, a person source in the Caribbean EEZ. using a rebreather may not harvest (c) Fish traps. (1) A fish trap may not South Atlantic snapper-grouper with be used in the South Atlantic EEZ. spearfishing gear. The possession of (2) A fish trap may not be used or such snapper-grouper while in the possessed in the Gulf EEZ west of 85°30′ water with a rebreather is prima facie W. long. and, after February 7, 2007, evidence that such fish was harvested may not be used or possessed in the with spearfishing gear while using a re- Gulf EEZ. breather. (3) A fish trap used other than where (i) Sea bass pots. A sea bass pot may authorized in paragraph (c) (1) or (2) of not be used in the South Atlantic EEZ this section may be disposed of in any south of 28°35.1′ N. lat. (due east of the appropriate manner by the Assistant NASA Vehicle Assembly Building, Cape Administrator or an authorized officer. Canaveral, FL). A sea bass pot de- (d) Longlines for wreckfish. A bottom ployed in the EEZ south of 28°35.1′ N. longline may not be used to fish for lat. may be disposed of in any appro- wreckfish in the South Atlantic EEZ. priate manner by the Assistant Admin- A person aboard a vessel that has a istrator or an authorized officer. longline on board may not retain a (j) Spears and hooks. A spear, hook, or wreckfish in or from the South Atlan- similar device may not be used in the tic EEZ. For the purposes of this para- Caribbean EEZ to harvest a Caribbean graph, a vessel is considered to have a spiny lobster. The possession of a longline on board when a power-oper- speared, pierced, or punctured Carib- ated longline hauler, a cable of diame- bean spiny lobster in or from the Carib- ter suitable for use in the longline fish- bean EEZ is prima facie evidence of vio- ery longer than 1.5 mi (2.4 km) on any lation of this section. reel, and gangions are on board. Re- (k) Traps for royal red shrimp in the moval of any one of these three ele- Gulf EEZ and transfer at sea. A trap ments constitutes removal of a may not be used to fish for royal red longline. shrimp in the Gulf EEZ. Possession of (e) Poisons. (1) A poison, drug, or a trap and royal red shrimp on board a other chemical may not be used to fish vessel is prohibited. A trap used to fish for Caribbean reef fish in the Caribbean for royal red shrimp in the Gulf EEZ EEZ. may be disposed of in any appropriate (2) A poison may not be used to take manner by the Assistant Adminis- Gulf reef fish in the Gulf EEZ. trator or an authorized officer. In addi- (3) A poison may not be used to fish tion, royal red shrimp cannot be trans- for South Atlantic snapper-grouper in ferred in the Gulf EEZ, and royal red the South Atlantic EEZ. shrimp taken in the Gulf EEZ cannot (f) Power-assisted tools. A power-as- be transferred at sea regardless of sisted tool may not be used in the Car- where the transfer takes place. ibbean EEZ to take a Caribbean coral [61 FR 34934, July 3, 1996, as amended at 62 reef resource or in the Gulf or South FR 13987, Mar. 25, 1997; 63 FR 10567, Mar. 4, Atlantic EEZ to take allowable 1998; 63 FR 57590, Oct. 28, 1998; 67 FR 51079, octocoral, prohibited coral, or live Aug. 7, 2002] rock. (g) Powerheads. A powerhead may not § 622.32 Prohibited and limited-har- be used in the Caribbean EEZ to har- vest species. vest Caribbean reef fish or in the EEZ (a) General. The harvest and posses- off South Carolina to harvest South sion restrictions of this section apply Atlantic snapper-grouper. The posses- without regard to whether the species

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is harvested by a vessel operating state waters. Red drum caught in such under a commercial vessel permit. The portion of the Mid-Atlantic EEZ must operator of a vessel that fishes in the be released immediately with a min- EEZ is responsible for the limit appli- imum of harm. cable to that vessel. (4) South Atlantic. (i) Gulf and South (b) Prohibited species. Prohibited spe- Atlantic prohibited coral taken as inci- cies, by geographical area, are as fol- dental catch in the South Atlantic EEZ lows: must be returned immediately to the (1) Caribbean. (i) Caribbean prohibited sea in the general area of fishing. In coral may not be fished for or possessed fisheries where the entire catch is land- in or from the Caribbean EEZ. The tak- ed unsorted, such as the scallop and ing of Caribbean prohibited coral in the groundfish fisheries, unsorted prohib- Caribbean EEZ is not considered un- ited coral may be landed ashore; how- lawful possession provided it is re- ever, no person may sell or purchase turned immediately to the sea in the such prohibited coral. general area of fishing. (ii) Jewfish and Nassau grouper may (ii) Foureye, banded, and longsnout not be harvested or possessed in or butterflyfish; jewfish; Nassau grouper; from the South Atlantic EEZ. Jewfish and seahorses may not be harvested or and Nassau grouper taken in the South possessed in or from the Caribbean Atlantic EEZ incidentally by hook- EEZ. Such fish caught in the Caribbean and-line must be released immediately EEZ must be released immediately by cutting the line without removing with a minimum of harm. the fish from the water. (iii) Egg-bearing spiny lobster in the (iii) Red drum may not be harvested Caribbean EEZ must be returned to the or possessed in or from the South At- water unharmed. An egg-bearing spiny lantic EEZ. Red drum caught in the lobster may be retained in a trap, pro- South Atlantic EEZ must be released vided the trap is returned immediately immediately with a minimum of harm. to the water. An egg-bearing spiny lob- (iv) Wild live rock may not be har- ster may not be stripped, scraped, vested or possessed in the South Atlan- shaved, clipped, or in any other manner tic EEZ. molested, in order to remove the eggs. (v) It is intended that no female gold- (2) Gulf. (i) Gulf and South Atlantic en crabs in or from the South Atlantic prohibited coral taken as incidental EEZ be retained on board a vessel and catch in the Gulf EEZ must be re- that any female golden crab in or from turned immediately to the sea in the the South Atlantic EEZ be released in general area of fishing. In fisheries a manner that will ensure maximum where the entire catch is landed probability of survival. However, to ac- unsorted, such as the scallop and commodate legitimate incidental catch groundfish fisheries, unsorted prohib- and retention, the number of female ited coral may be landed ashore; how- golden crabs in or from the South At- ever, no person may sell or purchase lantic EEZ retained on board a vessel such prohibited coral. may not exceed 0.5 percent, by number, (ii) Jewfish may not be harvested or of all golden crabs on board. See possessed in or from the Gulf EEZ. § 622.45(f)(1) regarding the prohibition (iii) Red drum and Nassau grouper of sale of female golden crabs. may not be harvested or possessed in or (vi) South Atlantic snapper-grouper from the Gulf EEZ. Such fish caught in may not be possessed in whole, gutted, the Gulf EEZ must be released imme- or filleted form by a person aboard a diately with a minimum of harm. vessel fishing for or possessing golden (3) Mid-Atlantic. Red drum may not crab in or from the South Atlantic EEZ be harvested or possessed in or from or possessing a golden crab trap in the the Mid-Atlantic EEZ south of a line South Atlantic. Only the head, fins, extending in a direction of 115° from and backbone (collectively the ‘‘rack’’) true north commencing at a point at of South Atlantic snapper-grouper may 40°29.6′ N. lat., 73°54.1′ W. long., such be possessed for use as bait. point being the intersection of the New (c) Limited-harvest species. A person Jersey/New York boundary with the 3- who fishes in the EEZ may not com- nm line denoting the seaward limit of bine a harvest limitation specified in

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this paragraph (c) with a harvest limi- Point North lat. West long. tation applicable to state waters. A ° ′ ° ′ species subject to a harvest limitation B ...... 17 50.1 ...... 64 26.1 C ...... 17°49.2′ ...... 64°25.8′ specified in this paragraph (c) taken in D ...... 17°48.6′ ...... 64°25.8′ the EEZ may not be transferred at sea, E ...... 17°48.1′ ...... 64°26.1′ regardless of where such transfer takes F ...... 17°47.5′ ...... 64°26.9′ place, and such species may not be A ...... 17°50.2′ ...... 64°27.9′ transferred in the EEZ. (1) Cobia. No person may possess (ii) West of Puerto Rico—(A) Bajo de more than two cobia per day in or from Cico. the Gulf, Mid-Atlantic, or South Atlan- Point North lat. West long. tic EEZ, regardless of the number of trips or duration of a trip. A ...... 18°15.7′ ...... 67°26.4′ (2) Cubera snapper. No person may B ...... 18°15.7′ ...... 67°23.2′ harvest more than two cubera snapper C ...... 18°12.7′ ...... 67°23.4′ ° ′ ° ′ measuring 30 inches (76.2 cm), TL, or D ...... 18 12.7 ...... 67 26.4 A ...... 18°15.7′ ...... 67°26.47 larger, per day in the South Atlantic EEZ off Florida and no more than two (B) Tourmaline Bank. such cubera snapper in or from the South Atlantic EEZ off Florida may be Point North lat. West long. possessed on board a vessel at any A ...... 18°11.2′ ...... 67°22.4′ time. ° ′ ° ′ (3) Speckled hind and warsaw grouper. B ...... 18 11.2 ...... 67 19.2 C ...... 18°08.2′ ...... 67°19.2′ The possession of speckled hind and D ...... 18°08.2′ ...... 67°22.4′ warsaw grouper in or from the South A ...... 18°11.2′ ...... 67°22.4′ Atlantic EEZ is limited to one of each per vessel per trip. (C) Abrir La Sierra Bank.

[61 FR 34934, July 3, 1996, as amended at 61 Point North lat. West long. FR 43959, Aug. 27, 1996; 62 FR 13988, Mar. 25, 1997; 63 FR 10567, Mar. 4, 1998] A ...... 18°06.5′ ...... 67°26.9′ B ...... 18°06.5′ ...... 67°23.9′ § 622.33 Caribbean EEZ seasonal and/ C ...... 18°03.5′ ...... 67°23.9′ or area closures. D ...... 18°03.5′ ...... 67°26.9′ ° ′ ° ′ (a) Seasonal closures. (1) Mutton snap- A ...... 18 06.5 ...... 67 26.9 per spawning aggregation area. From (3) Queen conch closure. From July 1 March 1 through June 30, each year, through September 30, each year, no fishing is prohibited in that part of the person may fish for queen conch in the following area that is in the EEZ. The Caribbean EEZ and no person may pos- area is bounded by rhumb lines con- sess on board a fishing vessel a queen necting, in order, the points listed. conch in or from the Caribbean EEZ. Point North lat. West long. (b) Year-round area closures. (1) Hind Bank Marine Conservation District A ...... 17°37.8′ ...... 64°53.0′ B ...... 17°39.0′ ...... 64°53.0′ (MCD). The following activities are C ...... 17°39.0′ ...... 64°50.5′ prohibited within the Hind Bank MCD: D ...... 17°38.1′ ...... 64°50.5′ Fishing for any species, and anchoring E ...... 17°37.8′ ...... 64°52.5′ A ...... 17°37.8′ ...... 64°53.0′ by fishing vessels. The Hind Bank MCD is bounded by rhumb lines connecting, (2) Red hind spawning aggregation in order, the points listed. areas. From December 1 through Feb- Point North lat. West long. ruary 28, each year, fishing is prohib- ited in those parts of the following A ...... 18°13.2′ ...... 65°06.0′ areas that are in the EEZ. Each area is B ...... 18°13.2′ ...... 64°59.0′ bounded by rhumb lines connecting, in C ...... 18°11.8′ ...... 64°59.0′ ° ′ ° ′ order, the points listed. D ...... 18 10.7 ...... 65 06.0 A ...... 18°13.2′ ...... 65°06.0′ (i) East of St. Croix.

Point North lat. West long. (2) [Reserved]

A ...... 17°50.2′ ...... 64°27.9′ [64 FR 60133, Nov. 4, 1999]

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§ 622.34 Gulf EEZ seasonal and/or area Gulf EEZ shoreward of rhumb lines closures. connecting, in order, the points listed (a) Alabama SMZ. The Alabama SMZ in Table 1, in Appendix B of this part. consists of artificial reefs and sur- (d) Tortugas marine reserves. The fol- rounding areas. In the Alabama SMZ, lowing activities are prohibited within fishing by a vessel that is operating as the Tortugas marine reserves: Fishing a charter vessel or headboat, a vessel for any species and anchoring by fish- that does not have a commercial per- ing vessels. mit for Gulf reef fish, as required under (1) EEZ portion of Tortugas North. The § 622.4(a)(2), or a vessel with such a per- area is bounded by rhumb lines con- mit fishing for Gulf reef fish is limited necting the following points: From ° ′ ″ ° ′ ″ to hook-and-line gear with three or point A at 24 40 00 N. lat., 83 06 00 W. ° ′ ″ fewer hooks per line and spearfishing long. to point B at 24 46 00 N. lat., ° ′ ″ ° ′ ″ gear. A person aboard a vessel that 83 06 00 W. long. to point C at 24 46 00 ° ′ ″ uses on any trip gear other than hook- N. lat., 83 00 00 W. long.; thence along and-line gear with three or fewer hooks the line denoting the seaward limit of per line and spearfishing gear in the Florida’s waters, as shown on the cur- Alabama SMZ is limited on that trip to rent edition of NOAA chart 11438, to ° ′ ″ ° ′ ″ the bag limits for Gulf reef fish speci- point A at 24 40 00 N. lat., 83 06 00 W. fied in § 622.39(b) and, for Gulf reef fish long. for which no bag limit is specified in (2) Tortugas South. The area is bound- § 622.39(b), the vessel is limited to 5 per- ed by rhumb lines connecting, in order, cent, by weight, of all fish on board or the following points: landed. The Alabama SMZ is bounded Point North lat. West long. by rhumb lines connecting, in order, the following points: A24°33′00″ 83°09′00″ B24°33′00″ 83°05′00″ ° ′ ″ ° ′ ″ Point North lat. West long. C2418 00 83 05 00 D24°18′00″ 83°09′00″ ° ′ ″ ° ′ ″ A ...... 30°02.5′ 88°07.7′ A2433 00 83 09 00 B ...... 30°02.6′ 87°59.3′ C ...... 29°55.0′ 87°55.5′ (e) Shrimp/stone crab separation zones. ° ′ ° ′ D ...... 29 54.5 88 07.5 Five zones are established in the Gulf A ...... 30°02.5′ 88°07.7′ EEZ and Florida’s waters off Citrus (b) Florida middle grounds HAPC. and Hernando Counties for the separa- Fishing with a bottom longline, bot- tion of shrimp trawling and stone crab tom trawl, dredge, pot, or trap is pro- trapping. Although Zone II is entirely hibited year round in the area bounded within Florida’s waters, it is included by rhumb lines connecting, in order, in this paragraph (e) for the conven- the following points: ience of fishermen. Restrictions that apply to Zone II and those parts of the Point North lat. West long. other zones that are in Florida’s waters A ...... 28°42.5′ 84°24.8′ are contained in Rule 46–38.001, Florida B ...... 28°42.5′ 84°16.3′ Administrative Code. Geographical co- C ...... 28°11.0′ 84°00.0′ ordinates of the points referred to in D ...... 28°11.0′ 84°07.0′ E ...... 28°26.6′ 84°24.8′ this paragraph (e) are as follows: A ...... 28°42.5′ 84°24.8′ Point North lat. West long.

(c) Reef fish longline and buoy gear re- A ...... 28°59′30″ 82°45′36″ stricted area. A person aboard a vessel B ...... 28°59′30″ 83°00′10″ that uses, on any trip, longline or buoy C ...... 28°26′01″ 82°59′47″ D ...... 28°26′01″ 82°56′54″ gear in the longline and buoy gear re- E ...... 28°41′39″ 82°55′25″ stricted area is limited on that trip to F ...... 28°41′39″ 82°56′09″ the bag limits for Gulf reef fish speci- G ...... 28°48′56″ 82°56′19″ ° ′ ″ ° ′ ″ fied in § 622.39(b)(1) and, for Gulf reef H ...... 28 53 51 82 51 19 I 1 ...... 28°54′43″ 82°44′52″ fish for which no bag limit is specified J 2 ...... 28°51′09″ 82°44′00″ in § 622.39(b)(1), the vessel is limited to K ...... 28°50′59″ 82°54′16″ 5 percent, by weight, of all fish on L ...... 28°41′39″ 82°53′56″ M 3 ...... 28°41′39″ 82°38′46″ board or landed. The longline and buoy N ...... 28°41′39″ 82°53′12″ gear restricted area is that part of the O ...... 28°30′51″ 82°55′11″

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Point North lat. West long. Point North lat. West long.

P ...... 28°40′00″ 82°53′08″ B 1 ...... 26°16.0′ 81°58.5′ Q ...... 28°40′00″ 82°47′58″ C ...... 26°00.0′ 82°04.0′ ° ′ ° ′ R ...... 28°35′14″ 82°47′47″ D ...... 25 09.0 81 47.6 E ...... 24°54.5′ 81°50.5′ S ...... 28°30′51″ 82°52′55″ M 1 ...... 24°49.3′ 81°46.4′ T ...... 28°27′46″ 82°55′09″ U ...... 28°30′51″ 82°52′09″ 1 On the seaward limit of Florida’s waters.

1 Crystal River Entrance Light 1A. (g) Reef fish stressed area. The stressed 2 Long Pt. (southwest tip). area is that part of the Gulf EEZ shore- 3 Shoreline. ward of rhumb lines connecting, in (1) Zone I is enclosed by rhumb lines order, the points listed in Table 2, in connecting, in order, points A, B, C, D, Appendix B of this part. T, E, F, G, H, I, and J, plus the shore- (1) A powerhead may not be used in line between points A and J. It is un- the stressed area to take Gulf reef fish. lawful to trawl in that part of Zone I Possession of a powerhead and a muti- that is in the EEZ from October 5 lated Gulf reef fish in the stressed area through May 20, each year. or after having fished in the stressed (2) Zone II is enclosed by rhumb lines area constitutes prima facie evidence connecting, in order, points J, I, H, K, that such reef fish was taken with a L, and M, plus the shoreline between powerhead in the stressed area. The points J and M. provisions of this paragraph do not (3) Zone III is enclosed by rhumb apply to the following species: dwarf lines connecting, in order, points P, Q, sand perch, hogfish, and sand perch. R, U, S, and P. It is unlawful to trawl (2) A roller trawl may not be used in in that part of Zone III that is in the the stressed area. Roller trawl means a EEZ from October 5 through May 20, trawl net equipped with a series of each year. large, solid rollers separated by several (4) Zone IV is enclosed by rhumb lines smaller spacer rollers on a separate connecting, in order, points E, N, S, O, cable or line (sweep) connected to the and E. footrope, which makes it possible to fish the gear over rough bottom, that (i) It is unlawful to place a stone crab is, in areas unsuitable for fishing con- trap in that part of Zone IV that is in ventional shrimp trawls. Rigid framed the EEZ from October 5 through De- trawls adapted for shrimping over un- cember 1 and from April 2 through May even bottom, in wide use along the 20, each year. west coast of Florida, and shrimp (ii) It is unlawful to trawl in that trawls with hollow plastic rollers for part of Zone IV that is in the EEZ from fishing on soft bottoms, are not consid- December 2 through April 1, each year. ered roller trawls. (5) Zone V is enclosed by rhumb lines (3) A fish trap may not be used in the connecting, in order, points F, G, K, L, stressed area. A fish trap used in the and F. stressed area will be considered un- (i) It is unlawful to place a stone crab claimed or abandoned property and trap in that part of Zone V that is in may be disposed of in any appropriate the EEZ from October 5 through No- manner by the Assistant Adminis- vember 30 and from March 16 through trator (including an authorized offi- May 20, each year. cer). (ii) It is unlawful to trawl in that (h) Texas closure. (1) From 30 minutes part of Zone V that is in the EEZ from after official sunset on May 15 to 30 December 1 through March 15, each minutes after official sunset on July year. 15, trawling, except trawling for royal (f) Southwest Florida seasonal trawl red shrimp beyond the 100-fathom (183- closure. From January 1 to 1 hour after m) depth contour, is prohibited in the official sunset on May 20, each year, Gulf EEZ off Texas. trawling, including trawling for live (2) In accordance with the procedures bait, is prohibited in that part of the and restrictions of the Fishery Man- Gulf EEZ shoreward of rhumb lines agement Plan for the Shrimp Fishery connecting, in order, the following of the Gulf of Mexico, the RA may ad- points: just the closing and/or opening date of

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the Texas closure to provide an earlier, Florida’s waters, as shown on the cur- later, shorter, or longer closure, but rent edition of NOAA chart 11439, to the duration of the closure may not ex- point U and north to point T, both ceed 90 days or be less than 45 days. No- points as specified in paragraph (i)(2)(i) tification of the adjustment of the of this section. closing or opening date will be pub- (j) West and East Flower Garden Banks lished in the FEDERAL REGISTER. HAPC. Fishing with a bottom longline, (i) Tortugas shrimp sanctuary. (1) The bottom trawl, dredge, pot, or trap is Tortugas shrimp sanctuary is closed to prohibited year-round in the HAPC. trawling. The Tortugas shrimp sanc- The West and East Flower Garden tuary is that part of the EEZ off Flor- Banks are geographically centered at ida shoreward of rhumb lines con- 27°52′14.21″ N. lat., 93°48′54.79″ W. long. necting, in order, the following points: and 27°55′07.44″ N. lat., 93°36′08.49″W. long., respectively. The HAPC extends Point North lat. West long. from these centers to the 50-fathom N 1 ...... 25°52.9′ 81°37.9′ (300-ft) (91.4-m) isobath. F ...... 24°50.7′ 81°51.3′ (k) Closure of the Madison and Swan- G 2 ...... 24°40.1′ 82°26.7′ son sites and Steamboat Lumps. No per- H 3 ...... 24°34.7′ 82°35.2′ son may fish within the Madison and 4 ° ′ ° ′ P ...... 24 35.0 82 08.0 Swanson sites or Steamboat Lumps for 1 Coon Key Light. any species of fish except highly migra- 2 New Ground Rocks Light. 3 Rebecca Shoal Light. tory species. Highly migratory species 4 Marquessas Keys. means tuna species, marlin (2) The provisions of paragraph (i)(1) (Tetrapturus spp. and Makaira spp.), of this section notwithstanding— oceanic sharks, sailfishes (Istiophorus (i) Effective from April 11 through spp.), and swordfish (Xiphias gladius). September 30, each year, that part of This prohibition is effective through the Tortugas shrimp sanctuary sea- June 16, 2004. For the purpose of this ward of rhumb lines connecting the fol- paragraph (k), fish means finfish, mol- lowing points is open to trawling: lusks, crustaceans, and all other forms From point T at 24°47.8′ N. lat., 82°01.0′ of marine animal and plant life other W. long. to point U at 24°43.83′ N. lat., than marine mammals and birds. The 82°01.0′ W. long. (on the line denoting Madison and Swanson sites are bound- the seaward limit of Florida’s waters); ed by rhumb lines connecting, in order, thence along the seaward limit of Flor- the following points: ida’s waters, as shown on the current edition of NOAA chart 11439, to point V at 24°42.55′ N. lat., 82°15.0′ W. long.; Point North lat. West long. thence north to point W at 24°43.6′ N. A ...... 29°17′ 85°50′ lat., 82°15.0′ W. long. B ...... 29°17′ 85°38′ (ii) Effective from April 11 through C ...... 29°06′ 85°38′ July 31, each year, that part of the D ...... 29°06′ 85°50′ A ...... 29°17′ 85°50′ Tortugas shrimp sanctuary seaward of rhumb lines connecting the following Steamboat Lumps is bounded by points is open to trawling: From point rhumb lines connecting, in order, the W to point V, both points as specified following points: in paragraph (i)(2)(i) of this section, to point G, as specified in paragraph (i)(1) of this section. (iii) Effective from May 26 through Point North lat. West long. July 31, each year, that part of the A ...... 28°14′ 84°48′ Tortugas shrimp sanctuary seaward of B ...... 28°14′ 84°37′ C ...... 28°03′ 84°37′ rhumb lines connecting the following D ...... 28°03′ 84°48′ points is open to trawling: From point A ...... 28°14′ 84°48′ F, as specified in paragraph (i)(1) of this section, to point Q at 24°46.7′ N. (l) Closures of the commercial fishery lat., 81°52.2′ W. long. (on the line denot- for red snapper. The commercial fishery ing the seaward limit of Florida’s wa- for red snapper in or from the Gulf EEZ ters); thence along the seaward limit of is closed from January 1 to noon on

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February 1 and thereafter from noon ating as a charter vessel or headboat. on the 10th of each month to noon on From February 15 until March 15, each the first of each succeeding month year, the sale or purchase of gag, red until the quota specified in grouper, or black grouper is prohibited § 622.42(a)(1)(i)(A) is reached or until as specified in § 622.45(c)(4). noon on October 1, whichever occurs (p) Closures of the Gulf group king first. From October 1 to December 1, mackerel gillnet fishery. The gillnet fish- the commercial fishery for red snapper ery for Gulf group king mackerel in or in or from the Gulf EEZ is closed from from the Gulf EEZ is closed each fish- noon on the 10th of each month to noon ing year from July 1 until 6:00 a.m. on on the first of each succeeding month the day after the Martin Luther King until the quota specified in Jr. Federal holiday. The gillnet fishery § 622.42(a)(1)(i)(B) is reached or until also is closed during all subsequent the end of the fishing year, whichever weekends and observed Federal holi- occurs first. All times are local times. days, except for the first weekend fol- During these closed periods, the posses- lowing the Martin Luther King Jr. hol- sion of red snapper in or from the Gulf iday which will remain open to the EEZ and in the Gulf on board a vessel gillnet fishery provided a notification for which a commercial permit for Gulf of closure of that fishery has not been reef fish has been issued, as required filed under § 622.43(a). Weekend closures under § 622.4(a)(2)(v), without regard to are effective from 6:00 a.m. Saturday to where such red snapper were harvested, 6:00 a.m. Monday. Holiday closures are is limited to the bag and possession effective from 6:00 a.m. on the observed limits, as specified in § 622.39(b)(1)(iii) Federal holiday to 6:00 a.m. the fol- and (b)(2), respectively, and such red lowing day. All times are eastern snapper are subject to the prohibition standard time. During these closures, a on sale or purchase of red snapper pos- person aboard a vessel using or pos- sessed under the bag limit, as specified sessing a gillnet with a stretched-mesh in § 622.45(c)(1). However, when the rec- size of 4.75 inches (12.1 cm) or larger in reational quota for red snapper has the southern Florida west coast been reached and the bag and posses- subzone may not fish for or possess sion limit has been reduced to zero, the Gulf group king mackerel. limit for such possession during a [61 FR 34934, July 3, 1996, as amended at 61 closed period is zero. FR 48642, Sept. 16, 1996; 62 FR 46679, Sept. 4, (m) Closures of the recreational fishery 1997; 62 FR 47767, Sept. 11, 1997; 62 FR 67722, for red snapper. The recreational fish- Dec. 30, 1997; 64 FR 47713, Sept. 1, 1999; 64 FR ery for red snapper in or from the Gulf 57404, Oct. 25, 1999; 64 FR 59126, Nov. 2, 1999; 65 FR 30363, May 11, 2000; 65 FR 31830, May 19, EEZ is closed from January 1 through 2000; 65 FR 50162, Aug. 17, 2000; 67 FR 47468, April 20 and from November 1 through July 19, 2002] December 31. During a closure, the bag and possession limit for red snapper in § 622.35 South Atlantic EEZ seasonal or from the Gulf EEZ is zero. and/or area closures. (n) [Reserved] (a) Allowable octocoral closed area. No (o) Seasonal closure of the commercial person may harvest or possess allow- fishery for gag, red grouper, and black able octocoral in the South Atlantic grouper. From February 15 to March 15, EEZ north of 28°35.1′ N. lat. (due east of each year, no person aboard a vessel for the NASA Vehicle Assembly Building, which a valid Federal commercial per- Cape Canaveral, FL). mit for Gulf reef fish has been issued (b) Longline closed areas. A longline may possess gag, red grouper, or black may not be used to fish in the EEZ for grouper in the Gulf, regardless of where South Atlantic snapper-grouper south harvested. However, a person aboard a of 27°10′ N. lat. (due east of the en- vessel for which the permit indicates trance to St. Lucie Inlet, FL); or north both charter vessel/headboat for Gulf of 27°10′ N. lat. where the charted depth reef fish and commercial Gulf reef fish is less than 50 fathoms (91.4 m), as may continue to retain gag, red group- shown on the latest edition of the larg- er, and black grouper under the bag est scale NOAA chart of the location. A and possession limit specified in person aboard a vessel with a longline § 622.39(b), provided the vessel is oper- on board that fishes on a trip in the

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South Atlantic EEZ south of 27°10′ N. (d) South Atlantic shrimp cold weather lat., or north of 27°10′ N. lat. where the closure. (1) Pursuant to the procedures charted depth is less than 50 fathoms and criteria established in the FMP for (91.4 m), is limited on that trip to the the Shrimp Fishery of the South At- bag limit for South Atlantic snapper- lantic Region, when Florida, Georgia, grouper for which a bag limit is speci- North Carolina, or South Carolina fied in § 622.39(d)(1), and to zero for all closes all or a portion of its waters of other South Atlantic snapper-grouper. the South Atlantic to the harvest of For the purpose of this paragraph, a brown, pink, and white shrimp, the As- vessel is considered to have a longline sistant Administrator may concur- on board when a power-operated rently close the South Atlantic EEZ longline hauler, a cable or adjacent to the closed state waters by monofilament of diameter and length filing a notification of closure with the suitable for use in the longline fishery, Office of the Federal Register. Closure and gangions are on board. Removal of of the adjacent EEZ will be effective any one of these three elements con- until the ending date of the closure in stitutes removal of a longline. state waters, but may be ended earlier (c) Oculina Bank—(1) HAPC. The based on the state’s request. In the lat- Oculina Bank HAPC encompasses an ter case, the Assistant Administrator area bounded on the north by 28°30’ N. will terminate a closure of the EEZ by lat., on the south by 27°30’ N. lat., on filing a notification to that effect with the east by the 100-fathom (183-m) con- the Office of the Federal Register. tour, as shown on the latest edition of (2) During a closure, as specified in NOAA chart 11460, and on the west by paragraph (d)(1) of this section— 80°00’ W. long.; and two adjacent areas: (i) No person may trawl for brown the first bounded on the north by 28°30’ shrimp, pink shrimp, or white shrimp N. lat., on the south by 28°29’ N. lat., on in the closed portion of the EEZ (closed the east by 80°00’ W. long., and on the area); and no person may possess on west by 80°03’ W. long.; and the second board a fishing vessel brown shrimp, bounded on the north by 28°17’ N. lat., pink shrimp, or white shrimp in or on the south by 28°16’ N. lat., on the from a closed area, except as author- east by 80°00 W. long., and on the west ized in paragraph (d)(2)(iii) of this sec- by 80°03’ W. long. In the Oculina Bank tion. HAPC, no person may: (ii) No person aboard a vessel trawl- ing in that part of a closed area that is (i) Use a bottom longline, bottom within 25 nm of the baseline from trawl, dredge, pot, or trap. which the territorial sea is measured (ii) If aboard a fishing vessel, anchor, may use or have on board a trawl net use an anchor and chain, or use a grap- with a mesh size less than 4 inches (10.2 ple and chain. cm), as measured between the centers (iii) Fish for rock shrimp or possess of opposite knots when pulled taut. rock shrimp in or from the area on (iii) Brown shrimp, pink shrimp, or board a fishing vessel. white shrimp may be possessed on (2) Experimental closed area. Within board a fishing vessel in a closed area, the Oculina Bank HAPC, the experi- provided the vessel is in transit and all mental closed area is bounded on the trawl nets with a mesh size less than 4 north by 27°53’ N. lat., on the south by inches (10.2 cm), as measured between 27°30’ N. lat., on the east by 79°56’ W. the centers of opposite knots when long., and on the west by 80°00’ W. long. pulled taut, are stowed below deck No person may fish for South Atlantic while transiting the closed area. For snapper-grouper in the experimental the purpose of this paragraph, a vessel closed area, and no person may retain is in transit when it is on a direct and South Atlantic snapper-grouper in or continuous course through a closed from the area. In the experimental area. closed area, any South Atlantic snap- (e) SMZs. (1) The SMZs consist of ar- per-grouper taken incidentally by tificial reefs and surrounding areas as hook-and-line gear must be released follows: immediately by cutting the line with- (i) Paradise Reef is bounded on the out removing the fish from the water. north by 33°31.59′ N. lat.; on the south

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by 33°30.51′ N. lat.; on the east by (xiii) Artificial Reef—C is bounded on 78°57.55′ W. long.; and on the west by the north by 30°52.0′ N. lat.; on the 78°58.85′ W. long. south by 30°50.0′ N. lat.; on the east by (ii) Ten Mile Reef is bounded on the 81°08.5′ W. long.; and on the west by north by 33°26.65′ N. lat.; on the south 81°10.9′ W. long. by 33°24.80′ N. lat.; on the east by (xiv) Artificial Reef—G is bounded on 78°51.08′ W. long.; and on the west by the north by 31°00.0′ N. lat.; on the 78°52.97′ W. long. south by 30°58.0′ N. lat.; on the east by (iii) Pawleys Island Reef is bounded on 80°56.8′ W. long.; and on the west by the north by 33°26.58′ N. lat.; on the 80°59.2′ W. long. south by 33°25.76′ N. lat.; on the east by (xv) Artificial Reef—F is bounded on 79°00.29′ W. long.; and on the west by the north by 31°06.8′ N. lat.; on the 79°01.24′ W. long. south by 31°04.8′ N. lat.; on the east by (iv) Georgetown Reef is bounded on 81°10.5′ W. long.; and on the west by the north by 33°14.90′ N. lat.; on the 81°13.4′ W. long. south by 33°13.85′ N. lat.; on the east by (xvi) Artificial Reef—J is bounded on 78°59.45′ W. long.; and on the west by the north by 31°36.7′ N. lat.; on the 79°00.65′ W. long. south by 31°34.7′ N. lat.; on the east by (v) Capers Reef is bounded on the 80°47.3′ W. long.; and on the west by north by 32°45.45′ N. lat.; on the south 80°50.1′ W. long. by 32°43.91′ N. lat.; on the east by (xvii) Artificial Reef—L is bounded on 79°33.81′ W. long.; and on the west by the north by 31°46.0′ N. lat.; on the 79°35.10′ W. long. south by 31°44.0′ N. lat.; on the east by (vi) Kiawah Reef is bounded on the 80°34.7′ W. long.; and on the west by north by 32°29.78′ N. lat.; on the south 80°37.1′ W. long. by 32°28.25′ N. lat.; on the east by (xviii) Artificial Reef—KC is bounded 79°59.00′ W. long.; and on the west by on the north by 31°51.2′ N. lat.; on the 80°00.95′ W. long. south by 31°49.2′ N. lat.; on the east by (vii) Edisto Offshore Reef is bounded 80°45.3′ W. long.; and on the west by on the north by 32°15.30′ N. lat.; on the 80°47.7′ W. long. south by 32°13.90′ N. lat.; on the east by (xix) Ft. Pierce Inshore Reef is bound- 79°50.25′ W. long.; and on the west by ed on the north by 27°26.8′ N. lat.; on 79°51.45′ W. long. the south by 27°25.8′ N. lat.; on the east ° ′ (viii) Hunting Island Reef is bounded by 80 09.24 W. long.; and on the west by ° ′ on the north by 32°13.72′ N. lat.; on the 80 10.36 W. long. south by 32°12.30′ N. lat.; on the east by (xx) Ft. Pierce Offshore Reef is bound- 80°19.23′ W. long.; and on the west by ed by rhumb lines connecting, in order, 80°21.00′ W. long. the following points:

(ix) Fripp Island Reef is bounded on Point North lat. West long. the north by 32°15.92′ N. lat.; on the south by 32°14.75′ N. lat.; on the east by A ...... 27°23.68′ 80°03.95′ 80°21.62′ W. long.; and on the west by B ...... 27°22.80′ 80°03.60′ ° ′ C ...... 27°23.94′ 80°00.02′ 80 22.90 W. long. D ...... 27°24.85′ 80°00.33′ (x) Betsy Ross Reef is bounded on the A ...... 27°23.68′ 80°03.95′ north by 32°03.60′ N. lat.; on the south by 32°02.88′ N. lat.; on the east by (xxi) Key Biscayne/Artificial Reef—H is 80°24.57′ W. long.; and on the west by bounded on the north by 25°42.82′ N. 80°25.50′ W. long. lat.; on the south by 25°41.32′ N. lat.; on (xi) Hilton Head Reef/Artificial Reef—T the east by 80°04.22′ W. long.; and on is bounded on the north by 32°00.71′ N. the west by 80°05.53′ W. long. lat.; on the south by 31°59.42′ N. lat.; on (xxii) Little River Offshore Reef is the east by 80°35.23′ W. long.; and on bounded on the north by 33°42.10′ N. the west by 80°36.37′ W. long. lat.; on the south by 33°41.10′ N. lat.; on (xii) Artificial Reef—A is bounded on the east by 78°26.40′ W. long.; and on the north by 30°57.4′ N. lat.; on the the west by 78°27.10′ W. long. south by 30°55.4′ N. lat.; on the east by (xxiii) BP–25 Reef is bounded on the 81°13.9′ W. long.; and on the west by north by 33°21.70′ N. lat.; on the south 81°16.3′ W. long. by 33°20.70′ N. lat.; on the east by

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78°24.80′ W. long.; and on the west by south by 32°56.25′ N. lat.; on the east by 78°25.60′ W. long. 78°54.25′ W. long.; and on the west by (xxiv) Vermilion Reef is bounded on 78°55.25′ W. long. the north by 32°57.80′ N. lat.; on the (xxxvi) Charleston 60 Foot Reef is south by 32°57.30′ N. lat.; on the east by bounded on the north by 32°33.60′ N. 78°39.30′ W. long.; and on the west by lat.; on the south by 32°32.60′ N. lat.; on 78°40.10′ W. long. the east by 79°39.70′ W. long.; and on (xxv) Cape Romaine Reef is bounded the west by 79°40.90′ W. long. on the north by 33°00.00′ N. lat.; on the (xxxvii) Edisto 60 Foot Reef is bounded south by 32°59.50′ N. lat.; on the east by on the north by 32°21.75′ N. lat.; on the 79°02.01′ W. long.; and on the west by south by 32°20.75′ N. lat.; on the east by 79°02.62′ W. long. 80°04.10′ W. longitude; and on the west (xxvi) Y–73 Reef is bounded on the by 80°05.70′ W. long. north by 32°33.20′ N. lat.; on the south (xxxviii) Edisto 40 Foot Reef is bound- by 32°32.70′ N. lat.; on the east by ed on the north by 32°25.78′ N. lat.; on 79°19.10′ W. long.; and on the west by the south by 32°24.78′ N. lat.; on the 79°19.70′ W. long. east by 80°11.24′ W. long.; and on the (xxvii) Eagles Nest Reef is bounded on west by 80°12.32′ W. long. ° ′ the north by 32 01.48 N. lat.; on the (xxxix) Beaufort 45 Foot Reef is bound- ° ′ south by 32 00.98 N. lat.; on the east by ed on the north by 32°07.65′ N. lat.; on ° ′ 80 30.00 W. long.; and on the west by the south by 32°06.65′ N. lat.; on the ° ′ 80 30.65 W. long. east by 80°28.80′ W. long.; and on the (xxviii) Bill Perry Jr. Reef is bounded west by 80°29.80′ W. long. on the north by 33°26.20′ N. lat.; on the (xl) Artificial Reef—ALT is bounded on south by 33°25.20′ N. lat.; on the east by the north by 31°18.6′ N. lat.; on the 78°32.70′ W. long.; and on the west by south by 31°16.6′ N. lat.; on the east by 78°33.80′ W. long. 81°07.0′ W. long.; and on the west by (xxix) Comanche Reef is bounded on 81°09.4′ W. long. the north by 32°27.40′ N. lat.; on the south by 32°26.90′ N. lat.; on the east by (xli) Artificial Reef—CAT is bounded ° ′ on the north by 31°40.2′ N. lat.; on the 79 18.80 W. long.; and on the west by ° ′ 79°19.60′ W. long. south by 31 38.2 N. lat.; on the east by 80°56.2′ W. long.; and on the west by (xxx) Murrel’s Inlet 60 Foot Reef is ° ′ bounded on the north by 33°17.50′ N. 80 58.6 W. long. lat.; on the south by 33°16.50′ N. lat.; on (xlii) Artificial Reef—CCA is bounded ° ′ the east by 78°44.67′ W. long.; and on on the north by 31 43.7 N. lat.; on the ° ′ the west by 78°45.98′ W. long. south by 31 41.7 N. lat.; on the east by ° ′ (xxxi) Georgetown 95 Foot Reef is 80 40.0 W. long.; and on the west by ° ′ bounded on the north by 33°11.75′ N. 80 42.3 W. long. lat.; on the south by 33°10.75′ N. lat.; on (xliii) Artificial Reef—DRH is bounded the east by 78°24.10′ W. long.; and on on the north by 31°18.0′ N. lat.; on the the west by 78°25.63′ W. long. south by 31°16.0′ N. lat.; on the east by (xxxii) New Georgetown 60 Foot Reef is 80°56.6′ W. long.; and on the west by bounded on the north by 33°09.25′ N. 80°59.0′ W. long. lat.; on the south by 33°07.75′ N. lat.; on (xliv) Artificial Reef—DUA is bounded the east by 78°49.95′ W. long.; and on on the north by 31°47.8′ N. lat.; on the the west by 78°51.45′ W. long. south by 31°45.8′ N. lat.; on the east by (xxxiii) North Inlet 45 Foot Reef is 80°52.1′ W. long.; and on the west by bounded on the north by 33°21.03′ N. 80°54.5′ W. long. lat.; on the south by 33°20.03′ N. lat.; on (xlv) Artificial Reef—DW is bounded the east by 79°00.31′ W. long.; and on on the north by 31°22.8′ N. lat.; on the the west by 79°01.51′ W. long. south by 31°20.3′ N. lat.; on the east by (xxxiv) CJ Davidson Reef is bounded 79°49.8′ W. long.; and on the west by on the north by 33°06.48′ N. lat.; on the 79°51.1′ W. long. south by 33°05.48′ N. lat.; on the east by (xlvi) Artificial Reef—KBY is bounded 79°00.27′ W. long.; and on the west by on the north by 30°48.6′ N. lat.; on the 79°01.39′ W. long. south by 30°46.6′ N. lat.; on the east by (xxxv) Greenville Reef is bounded on 81°15.0′ W. long.; and on the west by the north by 32°57.25′ N. lat.; on the 81°17.4′ W. long.

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(xlvii) Artificial Reef—KTK is bounded (l) Artificial Reef—SFC is bounded on on the north by 31°31.3′ N. lat.; on the the north by 31°00.8′ N. lat.; on the south by 31°29.3′ N. lat.; on the east by south by 30°59.8′ N. lat.; on the east by 80°59.1′ W. long.; and on the west by 81°02.2′ W. long.; and on the west by 81°01.5′ W. long. 81°03.4′ W. long. (xlviii) Artificial Reef—MRY is bound- (li) Artificial Reef—WW is bounded on ° ′ ed on the north by 30 47.5 N. lat.; on the north by 31°43.5′ N. lat.; on the the south by 30°45.5′ N. lat.; on the east ° ′ ° ′ south by 31 42.2 N. lat.; on the east by by 81 05.5 W. long.; and on the west by ° ′ ° ′ 79 57.7 W. long.; and on the west by 81 07.8 W. long. ° ′ (xlix) Artificial Reef—SAV is bounded 79 59.3 W. long. on the north by 31°55.4′ N. lat.; on the (2) To determine what restrictions south by 31°53.4′ N. lat.; on the east by apply in the SMZs listed in § 80°45.2′ W. long.; and on the west by 622.35(e)(1), follow this table: 80°47.6′ W. long.

IN SMZs SPECIFIED IN THE FOLLOWING PARAGRAPHS OF § 622.35 THESE RESTRICTIONS APPLY

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

(f) Golden crab trap closed areas. In the and such greater amberjack are subject golden crab northern zone, a golden to the prohibition on sale or purchase crab trap may not be deployed in wa- of greater amberjack possessed under ters less than 900 ft (274 m) deep. In the the bag limit, as specified in golden crab middle and southern zones, § 622.45(c)(1). a golden crab trap may not be deployed (b) South Atlantic EEZ—(1) Greater in waters less than 700 ft (213 m) deep. amberjack spawning season. During See § 622.17(b) for specification of the April, each year, the possession of golden crab zones. greater amberjack in or from the [61 FR 34934, July 3, 1996, as amended at 61 South Atlantic EEZ and in the South FR 43959, Aug. 27, 1996; 61 FR 47449, Sept. 9, Atlantic on board a vessel for which a 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 57590, valid Federal commercial or charter Oct. 28, 1998; 63 FR 71794, Dec. 30, 1998; 65 FR vessel/headboat permit for South At- 37295, June 14, 2000; 65 FR 61115, Oct. 16, 2000] lantic snapper-grouper has been issued, without regard to where such greater § 622.36 Seasonal harvest limitations. amberjack were harvested, is limited (a) Gulf EEZ. During March, April, to one per person per day or one per and May, each year, the possession of person per trip, whichever is more re- greater amberjack in or from the Gulf strictive. Such greater amberjack are EEZ and in the Gulf on board a vessel subject to the prohibition on sale or for which a commercial permit for Gulf purchase, as specified in § 622.45(d)(6). reef fish has been issued, as required (2) Mutton snapper spawning season. under § 622.4(a)(2)(v), without regard to During May and June, each year, the where such greater amberjack were possession of mutton snapper in or harvested, is limited to the bag and from the EEZ on board a vessel that possession limits, as specified in has a commercial permit for South At- § 622.39(b)(1)(i) and (b)(2), respectively, lantic snapper-grouper is limited to 10

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per person per day or 10 per person per limit, as specified in this section, in or trip, whichever is more restrictive. from the Caribbean, Gulf, South Atlan- (3) Wreckfish spawning-season closure. tic, and/or Mid-Atlantic EEZ, as appro- From January 15 through April 15, each priate, may not be possessed, sold, or year, no person may harvest or possess purchased. A fish not in compliance on a fishing vessel wreckfish in or from with its size limit must be released im- the EEZ; offload wreckfish from the mediately with a minimum of harm. EEZ; or sell or purchase wreckfish in The operator of a vessel that fishes in or from the EEZ. The prohibition on the EEZ is responsible for ensuring sale or purchase of wreckfish does not that fish on board are in compliance apply to trade in wreckfish that were with the size limits specified in this harvested, offloaded, and sold or pur- section. chased prior to January 15 and were (a) Caribbean reef fish: Yellowtail held in cold storage by a dealer or proc- snapper—12 inches (30.5 cm), TL. essor. (b) Caribbean spiny lobster—3.5 inches (4) Black grouper and gag. During (8.9 cm), carapace length. March and April, each year, the posses- (c) Coastal migratory pelagic fish. (1) sion of black grouper and gag in or Cobia in the Gulf, Mid-Atlantic, or from the South Atlantic EEZ and in South Atlantic—33 inches (83.8 cm), the South Atlantic on board a vessel fork length. for which a valid Federal commercial (2) King mackerel in the Gulf, South or charter vessel/headboat permit for Atlantic, or Mid-Atlantic—24 inches South Atlantic snapper-grouper has (61.0 cm), fork length, except that a been issued, without regard to where vessel fishing under a quota for king such black grouper or gag were har- mackerel specified in § 622.42(c)(1) may vested, is limited to two black grouper possess undersized king mackerel in or gag, combined, per person per day or quantities not exceeding 5 percent, by two black grouper or gag, combined, weight, of the king mackerel on board. per person per trip, whichever is more restrictive. Such black grouper or gag (3) Spanish mackerel in the Gulf, are subject to the prohibition on sale South Atlantic, or Mid-Atlantic—12 or purchase, as specified in inches (30.5 cm), fork length, except § 622.45(d)(5). that a vessel fishing under a quota for (5) Red porgy. During January, Feb- Spanish mackerel specified in ruary, March, and April, each year, the § 622.42(c)(2) may possess undersized harvest or possession of red porgy in or Spanish mackerel in quantities not ex- from the South Atlantic EEZ, and in ceeding 5 percent, by weight, of the the South Atlantic on board a vessel Spanish mackerel on board. for which a valid Federal commercial (d) Gulf reef fish—(1) Snapper. (i) Lane or charter vessel/headboat permit for snapper—8 inches (20.3 cm), TL. South Atlantic snapper-grouper has (ii) Vermilion snapper—10 inches (25.4 been issued without regard to where cm), TL. such red porgy were harvested, is lim- (iii) Cubera, dog, gray, mahogany, ited to one per person per day or one and yellowtail snappers and school- per person per trip, whichever is more master—12 inches (30.5 cm), TL. restrictive. Such red porgy are subject (iv) Red snapper—16 inches (40.6 cm), to the prohibition on sale or puchase, TL, for a fish taken by a person subject as specified in § 622.45(d)(5). to the bag limit specified in § 622.39(b)(1)(iii) and 15 inches (38.1 cm), [61 FR 34934, July 3, 1996, as amended at 62 FR 67723, Dec. 30, 1997; 64 FR 3627, Jan. 25, TL, for a fish taken by a person not 1999; 65 FR 51252, Aug. 23, 2000] subject to the bag limit. (v) Mutton snapper—16 inches (40.6 § 622.37 Size limits. cm), TL. All size limits in this section are (2) Grouper. (i) Scamp—16 inches (40.6 minimum size limits unless specified cm), TL. otherwise. Except for undersized king (ii) Red grouper and yellowfin group- and Spanish mackerel allowed in para- er—20 inches (50.8 cm), TL. graphs (c)(2) and (c)(3) of this section, a (iii) Black grouper and gag—(A) For a fish not in compliance with its size person not subject to the bag limit

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specified in § 622.39(b)(1)(ii)—24 inches minimum-size landing and possession (61.0 cm), TL. limits of Louisiana when possessed (B) For a person subject to the bag within the jurisdiction of that State. limit specified in § 622.39(b)(1)(ii)—22 (g) Caribbean queen conch—9 inches inches (55.9 cm), TL. (22.9 cm) in length, that is, from the tip (3) Other Gulf reef fish species. (i) Gray of the spire to the distal end of the triggerfish—12 inches (30.5 cm), TL. shell, and 3⁄8 inch (9.5 mm) in lip width (ii) Hogfish—12 inches (30.5 cm), fork at its widest point. A queen conch with length. a length of at least 9 inches (22.9 cm) or (iii) Banded rudderfish and lesser a lip width of at least 3⁄8 inch (9.5 mm) amberjack—14 inches (35.6 cm), fork is not undersized. length (minimum size); 22 inches (55.9 [61 FR 34934, July 3, 1996, as amended at 61 cm), fork length (maximum size). FR 65483, Dec. 13, 1996; 62 FR 13988, Mar. 25, (iv) Greater amberjack—28 inches 1997; 63 FR 444, Jan. 6, 1998; 63 FR 10567, Mar. (71.1 cm), fork length, for a fish taken 4, 1998; 64 FR 3628, Jan. 25, 1999; 64 FR 45459, by a person subject to the bag limit Aug. 20, 1999; 64 FR 57404, Oct. 25, 1999; 65 FR specified in § 622.39(b)(1)(i); and 36 31831, May 19, 2000; 65 FR 50162, Aug. 17, 2000] inches (91.4 cm), fork length, for a fish taken by a person not subject to the § 622.38 Landing fish intact. bag limit. The operator of a vessel that fishes in (e) South Atlantic snapper-grouper—(1) the EEZ is responsible for ensuring Snapper. (i) Lane snapper—8 inches that fish on that vessel in the EEZ are (20.3 cm), TL. maintained intact and, if taken from (ii) Vermilion snapper—11 inches (27.9 the EEZ, are maintained intact cm), TL, for a fish taken by a person through offloading ashore, as specified subject to the bag limit specified in in this section. § 622.39 (d)(1)(v) and 12 inches (30.5 cm), (a) The following must be maintained TL, for a fish taken by a person not with head and fins intact: Cobia, king subject to the bag limit. mackerel, and Spanish mackerel in or (iii) Blackfin, cubera, dog, gray, ma- from the Gulf, Mid-Atlantic, or South hogany, queen, silk, and yellowtail Atlantic EEZ, except as specified for snappers; and schoolmaster—12 inches king mackerel in paragraph (g) of this (30.5 cm), TL. section; South Atlantic snapper-group- (iv) Mutton snapper—16 inches (40.6 er in or from the South Atlantic EEZ, cm), TL. except as specified in paragraph (h) of (v) Red snapper—20 inches (50.8 cm), this section; yellowtail snapper in or TL. from the Caribbean EEZ; and finfish in (2) Grouper. (i) Red, yellowfin, and or from the Gulf EEZ, except as speci- yellowmouth grouper; and scamp—20 fied in paragraphs (c) and (d) of this inches (50.8 cm), TL. section. Such fish may be eviscerated, (ii) Black grouper and gag—24 inches gilled, and scaled, but must otherwise (61.0 cm), TL. be maintained in a whole condition. (3) Other snapper-grouper species. (i) (b) A Caribbean spiny lobster in or Black sea bass—10 inches (25.4 cm), TL. from the Caribbean EEZ must be main- (ii) Gray triggerfish in the South At- tained with head and carapace intact. lantic EEZ off Florida—12 inches (30.5 (c) Shark, swordfish, and tuna species cm), TL. are exempt from the requirements of (iii) Hogfish—12 inches (30.5 cm), fork paragraph (a) of this section. length. (d) In the Gulf EEZ: (iv) Red porgy—14 inches (35.6 cm), (1) Bait is exempt from the require- TL. ment to be maintained with head and (v) Greater amberjack—28 inches (71.1 fins intact. cm), fork length, for a fish taken by a (i) For the purpose of this paragraph person subject to the bag limit speci- (d)(1), bait means— fied in § 622.39(d)(1)(i) and 36 inches (91.4 (A) Packaged, headless fish fillets cm), fork length, for a fish taken by a that have the skin attached and are person not subject to the bag limit. frozen or refrigerated; (f) Gulf shrimp. White shrimp har- (B) Headless fish fillets that have the vested in the EEZ are subject to the skin attached and are held in brine; or

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(C) Small pieces no larger than 3 in3 paragraph, a vessel is in transit (7.6 cm3) or strips no larger than 3 through the South Atlantic EEZ when inches by 9 inches (7.6 cm by 22.9 cm) it is on a direct and continuous course that have the skin attached and are through the South Atlantic EEZ and frozen, refrigerated, or held in brine. no one aboard the vessel fishes in the (ii) Paragraph (d)(1)(i) of this section EEZ. notwithstanding, a finfish or part thereof possessed in or landed from the [61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 61 FR 65483, Dec. 13, Gulf EEZ that is subsequently sold or 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 38303, purchased as a finfish species, rather July 16, 1998; 64 FR 3628, Jan. 25, 1999; 65 FR than as bait, is not bait. 16340, Mar. 28, 2000; 67 FR 22362, May 3, 2002] (2) Legal-sized finfish possessed for consumption at sea on the harvesting § 622.39 Bag and possession limits. vessel are exempt from the require- (a) Applicability. (1) The bag and pos- ment to have head and fins intact, pro- session limits apply for species/species vided— groups listed in this section in or from (i) Such finfish do not exceed any ap- the EEZ. Unless specified otherwise, plicable bag limit; bag limits apply to a person on a daily (ii) Such finfish do not exceed 1.5 lb basis, regardless of the number of trips (680 g) of finfish parts per person in a day. Unless specified otherwise, aboard; and (iii) The vessel is equipped to cook possession limits apply to a person on such finfish on board. a trip after the first 24 hours of that (e) A golden crab in or from the trip. The bag and possession limits South Atlantic EEZ must be main- apply to a person who fishes in the EEZ tained in whole condition through in any manner, except a person aboard landing ashore. For the purposes of a vessel in the EEZ that has on board this paragraph, whole means a crab the commercial vessel permit required that is in its natural condition and under § 622.4(a)(2) for the appropriate that has not been gutted or separated species/species group. However, see into component pieces, e.g., clusters. § 622.32 for limitations on taking pro- (f) A Caribbean conch resource in or hibited and limited-harvest species. from the Caribbean EEZ must be main- The limitations in § 622.32 apply with- tained with meat and shell intact. out regard to whether the species is (g) Cut-off (damaged) king or Spanish harvested by a vessel operating under a mackerel that comply with the min- commercial vessel permit or by a per- imum size limits in § 622.37(c)(2) and son subject to the bag limits. The pos- (c)(3), respectively, and the trip limits session of a commercial vessel permit in § 622.44(a) and (b), respectively, may notwithstanding, the bag and posses- be possessed in the Gulf, Mid-Atlantic, sion limits apply when the vessel is op- or South Atlantic EEZ on, and erating as a charter vessel or headboat. offloaded ashore from, a vessel that is A person who fishes in the EEZ may operating under the respective trip not combine a bag limit specified in limits. Such cut-off fish also may be this section with a bag or possession sold. A maximum of five additional limit applicable to state waters. A spe- cut-off (damaged) king mackerel, not cies/species group subject to a bag subject to the size limits or trip limits, limit specified in this section taken in may be possessed or offloaded ashore the EEZ by a person subject to the bag but may not be sold or purchased and limits may not be transferred at sea, are not counted against the trip limit. regardless of where such transfer takes (h) In the South Atlantic EEZ, snap- place, and such fish may not be trans- per-grouper lawfully harvested in Ba- ferred in the EEZ. The operator of a hamian waters are exempt from the re- vessel that fishes in the EEZ is respon- quirement that they be maintained sible for ensuring that the bag and pos- with head and fins intact, provided session limits specified in this section valid Bahamian fishing and cruising are not exceeded. permits are on board the vessel and the (2) Paragraph (a)(1) of this section vessel is in transit through the South notwithstanding, bag and possession Atlantic EEZ. For the purpose of this limits also apply for Gulf reef fish in or

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from the EEZ to a person aboard a ves- (iv) Snappers, combined, excluding sel that has on board a commercial per- red, lane, and vermilion snapper—10. mit for Gulf reef fish— (v) Gulf reef fish, combined, exclud- (i) When trawl gear or entangling net ing those specified in paragraphs gear is on board. A vessel is considered (b)(1)(i) through (b)(1)(iv) and para- to have trawl gear on board when trawl graphs (b)(1)(vi) through (b)(1)(vii) of doors and a net are on board. Removal this section and excluding dwarf sand from the vessel of all trawl doors or all perch and sand perch—20. nets constitutes removal of trawl gear. (vi) Banded rudderfish and lesser (ii) When a longline or buoy gear is amberjack, combined—5. on board and the vessel is fishing or (vii) Hogfish—5. has fished on a trip in the reef fish (2) Possession limits. A person, or a longline and buoy gear restricted area vessel in the case of speckled hind or specified in § 622.34(c). A vessel is con- Warsaw grouper, on a trip that spans sidered to have a longline on board more than 24 hours may possess no when a power-operated longline hauler, more than two daily bag limits, pro- a cable of diameter and length suitable vided such trip is on a vessel that is op- for use in the longline fishery, and erating as a charter vessel or headboat, gangions are on board. Removal of any the vessel has two licensed operators one of these three elements, in its en- aboard, and each passenger is issued tirety, constitutes removal of a and has in possession a receipt issued longline. on behalf of the vessel that verifies the (iii) For a species/species group when length of the trip. its quota has been reached and closure (c) King and Spanish mackerel—(1) Bag has been effected. limits. (i) Atlantic migratory group (iv) When the vessel has on board or king mackerel— is tending any trap other than a fish (A) Mid-Atlantic and South Atlantic, trap authorized under § 622.40(a)(2), a other than off Florida—3. stone crab trap, or a spiny lobster trap. (B) Off Florida—2, which is the daily (3) Paragraph (a)(1) of this section bag limit specified by Florida for its notwithstanding, the bag and other waters (Rule 46–12.004(1), Florida Ad- limits specified in § 622.35(b) apply for ministrative Code). If Florida changes South Atlantic snapper-grouper in or its limit, the bag limit specified in this from the EEZ to a person aboard a ves- paragraph (c)(1)(i)(B) will be changed sel for which a commercial permit for to conform to Florida’s limit, provided South Atlantic snapper-grouper has such limit does not exceed 5. been issued that has on board a (ii) Gulf migratory group king mack- longline in the longline closed area. erel—2. (4) Paragraph (a)(1) of this section (iii) Atlantic migratory group Span- notwithstanding, a person aboard a ish mackerel—15. vessel for which a commercial permit (iv) Gulf migratory group Spanish for South Atlantic snapper-grouper has mackerel—15. been issued must comply with the bag (2) Possession limits. A person who is limits specified in paragraph (d)(1) of on a trip that spans more than 24 hours this section for South Atlantic snap- may possess no more than two daily per-grouper taken with a powerhead, bag limits, provided such trip is on a regardless of where taken, when such vessel that is operating as a charter snapper-grouper are possessed in an vessel or headboat, the vessel has two SMZ specified in § 622.35(e)(1)(xii) licensed operators aboard, and each through (e)(1)(xviii) or (e)(1)(xl) passenger is issued and has in posses- through (e)(1)(li). sion a receipt issued on behalf of the (b) Gulf reef fish—(1) Bag limits. (i) vessel that verifies the length of the Greater amberjack—1. trip. (ii) Groupers, combined, excluding (d) South Atlantic snapper-grouper—(1) jewfish and Nassau grouper—5 per per- Bag limits. (i) Greater amberjack—1. son per day, but not to exceed 1 speck- (ii) Groupers, combined, excluding led hind and 1 Warsaw grouper per ves- jewfish and Nassau grouper, and sel per day. tilefishes—5. However, within the 5-fish (iii) Red snapper—4. aggregate bag limit, no more than two

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fish may be gag or black grouper, com- any one of these three elements con- bined. stitutes removal of a longline. (iii) Hogfish in the South Atlantic off (e) Caribbean queen conch—(1) Applica- Florida—5. bility. Paragraph (a)(1) of this section (iv) Snappers, combined, excluding notwithstanding, the bag limit of para- cubera snapper measuring 30 inches graph (e)(2) of this section does not (76.2 cm), TL, or larger, in the South apply to a fisherman who has a valid Atlantic off Florida, and excluding commercial fishing license issued by vermilion snapper—10, of which no Puerto Rico or the U.S. Virgin Islands. more than 2 may be red snapper. (See See § 622.44 for the commercial daily § 622.32(c)(2) for limitations on cubera trip limit. snapper measuring 30 inches (76.2 cm), (2) Bag limit. The bag limit for queen TL, or larger, in or from the South At- conch in or from the Caribbean EEZ is lantic EEZ off Florida.) 3 per person or, if more than 4 persons (v) Vermilion snapper—10. are aboard, 12 per boat. (vi) Red porgy—1. [61 FR 34934, July 3, 1996, as amended at 61 (vii) Black sea bass—20. FR 65483, Dec. 13, 1996; 61 FR 65985, Dec. 16, (viii) South Atlantic snapper-group- 1996; 62 FR 23674, May 1, 1997; 62 FR 67723, er, combined, excluding tomtate and Dec. 30, 1997; 63 FR 8356, Feb. 19, 1998; 63 FR blue runner and those specified in para- 38303, July 16, 1998; 63 FR 72203, Dec. 31, 1998; graphs (d)(1)(i) through (vii) of this sec- 64 FR 3628, Jan. 25, 1999; 64 FR 33800, June 24, 1999; 64 FR 45459, Aug. 20, 1999; 64 FR 47713, tion—20. Sept. 1, 1999; 64 FR 57404, Oct. 25, 1999; 65 FR (2) Possession limits. (i) Provided each 30363, May 11, 2000; 65 FR 41016, July 3, 2000; passenger is issued and has in posses- 65 FR 50162, Aug. 17, 2000; 65 FR 51252, Aug. sion a receipt issued on behalf of the 23, 2000; 65 FR 61116, Oct. 16, 2000; 66 FR 17369, vessel that verifies the duration of the Mar. 30, 2001] trip— (A) A person aboard a charter vessel § 622.40 Limitations on traps and pots. or headboat on a trip that spans more (a) Tending—(1) Caribbean EEZ. A fish than 24 hours may possess no more trap or Caribbean spiny lobster trap in than two daily bag limits of species the Caribbean EEZ may be pulled or other than red porgy. tended only by a person (other than an (B) A person aboard a headboat on a authorized officer) aboard the fish trap trip that spans more than 48 hours and or spiny lobster trap owner’s vessel, or who can document that fishing was aboard another vessel if such vessel has conducted on at least 3 days may pos- on board written consent of the trap sess no more than three daily bag lim- owner, or if the trap owner is aboard its of species other than red porgy. and has documentation verifying his (ii) A person aboard a vessel may not identification number and color code. possess red porgy in or from the EEZ in An owner’s written consent must speci- excess of one per day or one per trip, fy the time period such consent is ef- whichever is more restrictive. fective and the trap owner’s gear iden- (3) Longline bag limits. Other provi- tification number and color code. sions of this paragraph (d) notwith- (2) Gulf EEZ. A fish trap in the Gulf standing, a person on a trip aboard a EEZ may be pulled or tended only by a vessel for which the bag limits apply person (other than an authorized offi- that has a longline on board is limited cer) aboard the vessel with the fish on that trip to the bag limit for South trap endorsement to fish such trap. If Atlantic snapper-grouper for which a such vessel has a breakdown that pre- bag limit is specified in paragraph vents it from retrieving its traps, the (d)(1) of this section, and to zero for all owner or operator must immediately other South Atlantic snapper-grouper. notify the nearest NMFS Office of En- For the purpose of this paragraph forcement and must obtain authoriza- (d)(3), a vessel is considered to have a tion for another vessel to retrieve and longline on board when a power-oper- land its traps. The request for such au- ated longline hauler, a cable or thorization must include the requested monofilament of diameter and length effective period for the retrieval and suitable for use in the longline fishery, landing, the persons and vessel to be and gangions are on board. Removal of authorized to retrieve the traps, and

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the point of landing of the traps. Such (B) Ungalvanized or uncoated iron authorization will be specific as to the wire with a diameter not exceeding 1⁄16 effective period, authorized persons inch (1.6 mm), that is, 16 gauge wire. and vessel, and point of landing. Such (2) Gulf EEZ. A fish trap used or pos- authorization is valid solely for the re- sessed in the Gulf EEZ must have at moval of fish traps from the EEZ and least two escape windows on each of for harvest of fish incidental to such two sides, excluding the bottom (a removal. total of four escape windows), that are (3) South Atlantic EEZ. A sea bass pot 2 by 2 inches (5.1 by 5.1 cm) or larger. or golden crab trap in the South Atlan- In addition, a fish trap must have a tic EEZ may be pulled or tended only panel or access door located opposite by a person (other than an authorized each side of the trap that has a funnel. officer) aboard the vessel permitted to The opening covered by each panel or fish such pot or trap or aboard another access door must be 144 in2 (929 cm2) or vessel if such vessel has on board writ- larger, with one dimension of the area ten consent of the owner or operator of equal to or larger than the largest inte- the vessel so permitted. For golden rior axis of the trap’s throat (funnel) crab only, a vessel with written con- with no other dimension less than 6 sent on board must also possess a valid inches (15.2 cm). The hinges and fas- commercial vessel permit for golden teners of each panel or access door crab. must be constructed of one of the fol- (b) Escape mechanisms—(1) Caribbean lowing degradable materials: EEZ. (i) A fish trap used or possessed in (i) Untreated jute string with a di- the Caribbean EEZ must have a panel ameter not exceeding 3⁄16 inch (4.8 mm) located on each of two sides of the that is not wrapped or overlapped. trap, excluding the top, bottom, and (ii) Magnesium alloy, time float re- side containing the trap entrance. The leases (pop-up devices) or similar mag- opening covered by a panel must meas- nesium alloy fasteners. ure not less than 8 by 8 inches (20.3 by (3) South Atlantic EEZ. (i) A sea bass 20.3 cm). The mesh size of a panel may pot that is used or possessed in the not be smaller than the mesh size of South Atlantic EEZ between 35°15.19′ the trap. A panel must be attached to N. lat. (due east of Cape Hatteras the trap with untreated jute twine Light, NC) and 28°35.1′ N. lat. (due east with a diameter not exceeding 1⁄8 inch of the NASA Vehicle Assembly Build- (3.2 mm). An access door may serve as ing, Cape Canaveral, FL) is required to one of the panels, provided it is on an have— appropriate side, it is hinged only at (A) On at least one side, excluding its bottom, its only other fastening is top and bottom, a panel or door with untreated jute twine with a diameter an opening equal to or larger than the not exceeding 1⁄8 inch (3.2 mm), and interior end of the trap’s throat (fun- such fastening is at the top of the door nel). The hinges and fasteners of each so that the door will fall open when panel or door must be made of one of such twine degrades. Jute twine used the following degradable materials: to secure a panel may not be wrapped (1) Ungalvanized or uncoated iron or overlapped. wire with a diameter not exceeding (ii) A spiny lobster trap used or pos- 0.041 inches (1.0 mm), that is, 19 gauge sessed in the Caribbean EEZ must con- wire. tain on any vertical side or on the top (2) Galvanic timed-release mecha- a panel no smaller in diameter than nisms with a letter grade designation the throat or entrance of the trap. The (degradability index) no higher than J. panel must be made of or attached to (B) An unobstructed escape vent the trap by one of the following degrad- opening on at least two opposite able materials: vertical sides, excluding top and bot- (A) Untreated fiber of biological ori- tom. The minimum dimensions of an gin with a diameter not exceeding 1⁄8 escape vent opening (based on inside inch (3.2 mm). This includes, but is not measurement) are: limited to tyre palm, hemp, jute, cot- (1) 11⁄8 by 53⁄4 inches (2.9 by 14.6 cm) ton, wool, or silk. for a rectangular vent.

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(2) 1.75 by 1.75 inches (4.5 by 4.5 cm) (iii) Minimum distance of 1 inch (2.5 for a square vent. cm) between parallel sides of rectan- (3) 2.0-inch (5.1-cm) diameter for a gular openings, and 1.5 inches (3.8 cm) round vent. between parallel sides of square open- (ii) A golden crab trap that is used or ings and of mesh openings with more possessed in the South Atlantic EEZ than four sides. must have at least one escape gap or (iv) One and nine-tenths inches (4.8 escape ring on each of two opposite cm) minimum distance for diagonal vertical sides. The minimum allowable measures of mesh. inside dimensions of an escape gap are (3) South Atlantic EEZ. (i) A sea bass 2.75 by 3.75 inches (7.0 by 9.5 cm); the pot used or possessed in the South At- minimum allowable inside diameter of lantic EEZ must have mesh sizes as fol- an escape ring is 4.5 inches (11.4 cm). In lows (based on centerline measure- addition to the escape gaps— ments between opposite, parallel wires (A) A golden crab trap constructed of or netting strands): webbing must have an opening (slit) at (A) Hexagonal mesh (chicken wire)— least 1 ft (30.5 cm) long that may be at least 1.5 inches (3.8 cm) between the closed (relaced) only with untreated wrapped sides; (B) Square mesh—at least 1.5 inches cotton string no larger than 3⁄16 inch (3.8 cm) between sides; or (0.48 cm) in diameter. (C) Rectangular mesh—at least 1 inch (B) A golden crab trap constructed of (2.5 cm) between the longer sides and 2 material other than webbing must have inches (5.1 cm) between the shorter an escape panel or door measuring at sides. least 11 7/8 by 11 7/8 inches (30.2 by 30.2 (ii) A golden crab trap deployed or cm), located on at least one side, ex- possessed in the South Atlantic EEZ cluding top and bottom. The hinges or may not exceed 64 ft3 (1.8 m3) in volume fasteners of such door or panel must be in the northern zone or 48 ft3 (1.4 m3) in made of either ungalvanized or volume in the middle and southern uncoated iron wire no larger than 19 zones. See § 622.17(b) for specification of gauge (0.04 inch (1.0 mm) in diameter) the golden crab zones. or untreated cotton string no larger (d) Area-specific restrictions—(1) Gulf 3 than ⁄16 inch (4.8 mm) in diameter. EEZ. In the Gulf EEZ, a fish trap may (c) Construction requirements and mesh be pulled or tended only from official sizes—(1) Caribbean EEZ. A bare-wire sunrise to official sunset. The operator fish trap used or possessed in the EEZ of a vessel from which a fish trap is de- that has hexagonal mesh openings ployed in the Gulf EEZ must retrieve must have a minimum mesh size of 1.5 all the vessel’s fish traps and return inches (3.8 cm) in the smallest dimen- them to port on each trip. A fish trap sion measured between centers of oppo- that is not returned to port on a trip, site strands. A bare-wire fish trap used and its attached line and buoy, may be or possessed in the EEZ that has other disposed of in any appropriate manner than hexagonal mesh openings or a fish by the Assistant Administrator or an trap of other than bare wire, such as authorized officer. The owner of such coated wire or plastic, used or pos- trap and/or the operator of the respon- sessed in the EEZ, must have a min- sible vessel is subject to appropriate imum mesh size of 2.0 inches (5.1 cm) in civil penalties. A buoy that floats on the smallest dimension measured be- the surface must be attached to each tween centers of opposite strands. fish trap, or to each end trap of traps (2) Gulf EEZ. A fish trap used or pos- that are connected by a line, used in sessed in the Gulf EEZ must meet all of the Gulf EEZ. The maximum allowable the following mesh size requirements size for a fish trap fished in the Gulf (based on centerline measurements be- EEZ shoreward of the 50-fathom (91.4- tween opposite wires or netting m) isobath is 33 ft3 (0.9 m3) in volume. strands): Fish trap volume is determined by (i) A minimum of 2 in2 (12.9 cm2) measuring the external dimensions of opening for each mesh. the trap, and includes both the en- (ii) One-inch (2.5-cm) minimum closed holding capacity of the trap and length for the shortest side. the volume of the funnel(s) within

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those dimensions. There is no size limi- (E) Must be placed from a vessel that tation for fish traps fished seaward of is anchored. the 50-fathom (91.4-m) isobath. The (F) In the Gulf EEZ, must be distin- maximum number of traps that may be guishable, geologically or otherwise assigned to, possessed, or fished in the (for example, be indelibly marked or Gulf EEZ by a vessel is 100. tagged), from the naturally occurring (2) South Atlantic EEZ. (i) In the substrate. South Atlantic EEZ, sea bass pots may (G) In the South Atlantic EEZ, must not be used or possessed in multiple be geologically distinguishable from configurations, that is, two or more the naturally occurring substrate and, pots may not be attached one to an- in addition, may be indelibly marked other so that their overall dimensions or tagged. exceed those allowed for an individual (iii) A minimum setback of at least sea bass pot. This does not preclude 50 ft (15.2 m) must be maintained from connecting individual pots to a line, natural vegetated or hard bottom habi- such as a ‘‘trawl’’ or trot line. tats. (ii) Rope is the only material allowed (3) Mechanically dredging or drilling, to be used for a buoy line or mainline or otherwise disturbing, aquacultured attached to a golden crab trap, except live rock is prohibited, and that wire cable is allowed for a main- aquacultured live rock may be har- line through December 31, 2002. vested only by hand. In addition, the following activities are prohibited in [61 FR 34934, July 3, 1996, as amended at 61 the South Atlantic: Chipping of FR 43959, Aug. 27, 1996; 62 FR 13988, Mar. 25, aquacultured live rock in the EEZ, pos- 1997; 63 FR 10568, Mar. 4, 1998; 63 FR 38303, July 16, 1998; 63 FR 57590, Oct. 28, 1998; 64 FR session of chipped aquacultured live 3628, Jan. 25, 1999; 67 FR 22362, May 3, 2002] rock in or from the EEZ, removal of al- lowable octocoral or prohibited coral § 622.41 Species specific limitations. from aquacultured live rock in or from the EEZ, and possession of prohibited (a) Aquacultured live rock. In the Gulf coral not attached to aquacultured live or South Atlantic EEZ: rock or allowable octocoral, while (1) Aquacultured live rock may be aquacultured live rock is in possession. harvested only under a permit, as re- See the definition of ‘‘Allowable quired under § 622.4(a)(3)(iii), and octocoral’’ for clarification of the dis- aquacultured live rock on a site may be tinction between allowable octocoral harvested only by the person, or his or and live rock. For the purposes of this her employee, contractor, or agent, paragraph (a)(3), chipping means who has been issued the aquacultured breaking up reefs, ledges, or rocks into live rock permit for the site. A person fragments, usually by means of a chisel harvesting aquacultured live rock is and hammer. exempt from the prohibition on taking (4) Not less than 24 hours prior to prohibited coral for such prohibited harvest of aquacultured live rock, the coral as attaches to aquacultured live owner or operator of the harvesting rock. vessel must provide the following in- (2) The following restrictions apply formation to the NMFS Law Enforce- to individual aquaculture activities: ment Office, Southeast Area, St. Pe- (i) No aquaculture site may exceed 1 tersburg, FL, telephone 727–570–5344: acre (0.4 ha) in size. (i) Permit number of site to be har- (ii) Material deposited on the aqua- vested and date of harvest. culture site— (ii) Name and official number of the (A) May not be placed over naturally vessel to be used in harvesting. occurring reef outcrops, limestone (iii) Date, port, and facility at which ledges, coral reefs, or vegetated areas. aquacultured live rock will be landed. (B) Must be free of contaminants. (b) Caribbean reef fish. A marine (C) Must be nontoxic. aquarium fish may be harvested in the (D) Must be placed on the site by Caribbean EEZ only by a hand-held dip hand or lowered completely to the bot- net or by a hand-held slurp gun. For tom under restraint, that is, not al- the purposes of this paragraph, a hand- lowed to fall freely. held slurp gun is a device that rapidly

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draws seawater containing fish into a South Atlantic EEZ may not have on self-contained chamber, and a marine board on that trip a coastal migratory aquarium fish is a Caribbean reef fish pelagic fish. that is smaller than 5.5 inches (14.0 (ii) Drift gillnets. A vessel with a drift cm), TL. gillnet on board in, or that has fished (c) Coastal migratory pelagic fish—(1) on a trip in, the Gulf EEZ may not Authorized gear. Subject to the prohibi- have on board on that trip a coastal tions on gear/methods specified in migratory pelagic fish. § 622.31, the following are the only fish- (iii) Other unauthorized gear. Except ing gears that may be used in the Gulf, as specified in paragraph (c)(2)(iv) of Mid-Atlantic, and South Atlantic EEZ this section, a person aboard a vessel in directed fisheries for coastal migra- with unauthorized gear other than a tory pelagic fish: drift gillnet in the Gulf EEZ or a long (i) King mackerel, Atlantic migra- gillnet on board in, or that has fished tory group— in, the EEZ where such gear is not au- ° ′ (A) North of 34 37.3 N. lat., the lati- thorized in paragraph (c)(1) of this sec- tude of Cape Lookout Light, NC—all tion, is subject to the bag limit for gear except drift gillnet and long king and Spanish mackerel specified in gillnet. § 622.39(c)(1)(ii) and to the limit on ° ′ (B) South of 34 37.3 N. lat.—auto- cobia specified in § 622.32(c)(1). matic reel, bandit gear, handline, and (iv) Exception for king mackerel in the rod and reel. Gulf EEZ. The provisions of this para- (ii) King mackerel, Gulf migratory graph (c)(2)(iv) apply to king mackerel group—hook-and-line gear and, in the taken in the Gulf EEZ and to such king southern Florida west coast subzone mackerel possessed in the Gulf. Para- only, run-around gillnet. (See graph (c)(2)(iii) of this section notwith- § 622.42(c)(1)(i)(A)(3) for a description of standing, a person aboard a vessel that the southern Florida west coast has a valid commercial permit for king subzone.) mackerel is not subject to the bag (iii) Spanish mackerel, Atlantic mi- gratory group—automatic reel, bandit limit for king mackerel when the ves- gear, handline, rod and reel, cast net, sel has on board on a trip unauthorized run-around gillnet, and stab net. gear other than a drift gillnet in the (iv) Spanish mackerel, Gulf migra- Gulf EEZ, a long gillnet, or a run- tory group—all gear except drift around gillnet in an area other than gillnet, long gillnet, and purse seine. the southern Florida west coast (v) Cobia in the Mid-Atlantic and subzone. Thus, the following applies to South Atlantic EEZ, dolphin in the a vessel that has a commercial permit South Atlantic EEZ, and little tunny for king mackerel: in the South Atlantic EEZ south of (A) Such vessel may not use unau- 34°37.3′ N. lat.—automatic reel, bandit thorized gear in a directed fishery for gear, handline, rod and reel, and pe- king mackerel in the Gulf EEZ. lagic longline. (B) If such a vessel has a drift gillnet (vi) Cero in the South Atlantic EEZ or a long gillnet on board or a run- and little tunny in the South Atlantic around gillnet in an area other than EEZ north of 34°37.3′ N. lat.—all gear the southern Florida west coast except drift gillnet and long gillnet. subzone, no king mackerel may be pos- (vii) Bluefish, cero, cobia, dolphin, sessed. and little tunny in the Gulf EEZ—all (C) If such a vessel has unauthorized gear except drift gillnet and long gear on board other than a drift gillnet gillnet. in the Gulf EEZ, a long gillnet, or a (2) Unauthorized gear. Gear types run-around gillnet in an area other other than those specified in paragraph than the southern Florida west coast (c)(1) of this section are unauthorized subzone, the possession of king mack- gear and the following possession limi- erel taken incidentally is restricted tations apply: only by the closure provisions of (i) Long gillnets. A vessel with a long § 622.43(a)(3) and the trip limits speci- gillnet on board in, or that has fished fied in § 622.44(a). See also paragraph on a trip in, the Gulf, Mid-Atlantic, or (c)(4) of this section regarding the

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purse seine incidental catch allowance (4) No person may soak a gillnet for of king mackerel. more than 1 hour. The soak period be- (3) Gillnets—(i) King mackerel. The gins when the first mesh is placed in minimum allowable mesh size for a the water and ends either when the gillnet used to fish in the Gulf, Mid-At- first mesh is retrieved back on board lantic, or South Atlantic EEZ for king the vessel or the gathering of the mackerel is 4.75 inches (12.1 cm), gillnet is begun to facilitate retrieval stretched mesh. A vessel in such EEZ, on board the vessel, whichever occurs or having fished on a trip in such EEZ, first; providing that, once the first with a gillnet on board that has a mesh mesh is retrieved or the gathering is size less than 4.75 (12.1 cm) inches, begun, the retrieval is continuous until stretched mesh, may not possess on the gillnet is completely removed from that trip an incidental catch of king the water. mackerel that exceeds 10 percent, by (5) The float line of each gillnet pos- number, of the total lawfully possessed sessed, including any net in use, must Spanish mackerel on board. have the distinctive floats specified in (ii) Spanish mackerel. (A) The min- § 622.6(b)(2). imum allowable mesh size for a gillnet (4) Purse seine incidental catch allow- used to fish for Spanish mackerel in ance. A vessel in the EEZ, or having the Gulf, Mid-Atlantic, or South Atlan- fished in the EEZ, with a purse seine tic EEZ is 3.5 inches (8.9 cm), stretched on board will not be considered as fish- mesh. ing, or having fished, for king or Span- (1) A vessel in the Gulf EEZ, or hav- ish mackerel in violation of a prohibi- ing fished on a trip in the Gulf EEZ, tion of purse seines under paragraph with a gillnet on board that has a mesh (c)(2) of this section, in violation of the size less than 3.5 inches (8.9 cm), possession limits under paragraph stretched mesh, may not possess on (c)(2)(iii) of this section, or, in the case that trip any Spanish mackerel. of king mackerel from the Atlantic mi- (2) A vessel in the South Atlantic or gratory group, in violation of a closure Mid-Atlantic EEZ, or having fished on effected in accordance with § 622.43(a), a trip in such EEZ, with a gillnet on provided the king mackerel on board board that has a mesh size less than 3.5 does not exceed 1 percent, or the Span- inches (8.9 cm), stretched mesh, may ish mackerel on board does not exceed possess or land on the day of that trip 10 percent, of all fish on board the ves- no more than 500 lb (227 kg) of inciden- sel. Incidental catch will be calculated tally caught Spanish mackerel. by number and/or weight of fish. Nei- (B) On board a vessel with a valid ther calculation may exceed the allow- Spanish mackerel permit that is fish- able percentage. Incidentally caught ing for Spanish mackerel in, or that king or Spanish mackerel are counted possesses Spanish mackerel in or from, toward the quotas provided for under the South Atlantic EEZ off Florida § 622.42(c) and are subject to the prohi- north of 25°20.4′ N. lat., which is a line bition of sale under § 622.43(a)(3)(iii). directly east from the Miami–Dade/ (d) South Atlantic snapper-grouper—(1) Monroe County, FL, boundary— Authorized gear. Subject to the gear re- (1) No person may fish with, set, strictions specified in § 622.31, the fol- place in the water, or have on board a lowing are the only gear types author- gillnet with a float line longer than 800 ized in a directed fishery for snapper- yd (732 m). grouper in the South Atlantic EEZ: (2) No person may fish with, set, or Bandit gear, bottom longline, buoy place in the water more than one gear, handline, rod and reel, sea bass gillnet at any one time. pot, and spearfishing gear. (3) No more than two gillnets, includ- (2) Unauthorized gear. All gear types ing any net in use, may be possessed at other than those specified in paragraph any one time; provided, however, that (d)(1) of this section are unauthorized if two gillnets, including any net in gear and the following possession and use, are possessed at any one time, transfer limitations apply. they must have stretched mesh sizes (i) A vessel with trawl gear on board (as allowed under the regulations) that that fishes in the EEZ on a trip may differ by at least .25 inch (.64 cm). possess no more than 200 lb (90.7 kg) of

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South Atlantic snapper-grouper, ex- purpose of this paragraph (d)(4), a bait cluding wreckfish, in or from the EEZ net is a gillnet not exceeding 50 ft (15.2 on that trip. It is a rebuttable pre- m) in length or 10 ft (3.1 m) in height sumption that a vessel with more than with stretched mesh measurements of 200 lb (90.7 kg) of South Atlantic snap- 1.5 inches (3.8 cm) or smaller that is at- per-grouper, excluding wreckfish, on tached to the vessel when deployed. board harvested such fish in the EEZ. (5) Possession allowance regarding cast (ii) Except as specified in paragraphs nets. A vessel that has on board a com- (d)(3) through (d)(5) of this section, a mercial permit for South Atlantic person aboard a vessel with unauthor- snapper-grouper, excluding wreckfish, ized gear on board, other than trawl that fishes in the South Atlantic EEZ gear, that fishes in the EEZ on a trip is with a cast net on board, may retain, limited on that trip to: without regard to the limits specified (A) South Atlantic snapper-grouper in paragraph (d)(2)(ii) of this section, species for which a bag limit is speci- otherwise legal South Atlantic snap- fied in § 622.39(d)(1)—the bag limit. per-grouper taken with bandit gear, (B) All other South Atlantic snapper- buoy gear, handline, rod and reel, or grouper—zero. sea bass pot. For the purpose of this (iii) South Atlantic snapper-grouper paragraph (d)(5), a cast net is a cone- on board a vessel with unauthorized shaped net thrown by hand and de- gear on board may not be transferred signed to spread out and capture fish as at sea, regardless of where such trans- the weighted circumference sinks to fer takes place, and such snapper- the bottom and comes together when grouper may not be transferred in the pulled by a line. EEZ. (6) Longline species limitation. A vessel (iv) No vessel may receive at sea any that has on board a valid Federal com- South Atlantic snapper-grouper from a mercial permit for South Atlantic vessel with unauthorized gear on snapper-grouper, excluding wreckfish, board, as specified in paragraph that fishes in the EEZ on a trip with a (d)(2)(iii) of this section. longline on board, may possess only (3) Possession allowance regarding sink the following South Atlantic snapper- nets off North Carolina. A vessel that grouper: snowy grouper, warsaw group- has on board a commercial permit for er, yellowedge grouper, misty grouper, South Atlantic snapper-grouper, ex- golden tilefish, blueline tilefish, and cluding wreckfish, that fishes in the sand tilefish. For the purpose of this EEZ off North Carolina with a sink net paragraph, a vessel is considered to on board, may retain, without regard have a longline on board when a power- to the limits specified in paragraph operated longline hauler, a cable of di- (d)(2)(ii) of this section, otherwise legal ameter suitable for use in the longline South Atlantic snapper-grouper taken fishery on any reel, and gangions are with bandit gear, buoy gear, handline, on board. Removal of any one of these rod and reel, or sea bass pot. For the three elements constitutes removal of purpose of this paragraph (d)(3), a sink a longline. net is a gillnet with stretched mesh (e) South Atlantic golden crab. Traps measurements of 3 to 4.75 inches (7.6 to are the only fishing gear authorized in 12.1 cm) that is attached to the vessel directed fishing for golden crab in the when deployed. South Atlantic EEZ. Golden crab in or (4) Possession allowance regarding bait from the South Atlantic EEZ may not nets. A vessel that has on board a com- be retained on board a vessel pos- mercial permit for South Atlantic sessing or using unauthorized gear. snapper-grouper, excluding wreckfish, (f) Caribbean queen conch. In the Car- that fishes in the South Atlantic EEZ ibbean EEZ, no person may harvest with no more than one bait net on queen conch by diving while using a de- board, may retain, without regard to vice that provides a continuous air sup- the limits specified in paragraph ply from the surface. (d)(2)(ii) of this section, otherwise legal (g) Shrimp in the South Atlantic—(1) South Atlantic snapper-grouper taken BRD requirement. Except as exempted with bandit gear, buoy gear, handline, in paragraph (g)(3)(ii) of this section, rod and reel, or sea bass pot. For the on a penaeid shrimp trawler in the

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South Atlantic EEZ, each trawl net ing must be equipped with certified that is rigged for fishing and has a BRDs. mesh size less than 2.50 inches (6.35 (h) Shrimp in the Gulf—(1) BRD re- cm), as measured between the centers quirement. (i) Except as exempted in of opposite knots when pulled taut, and paragraphs (h)(1)(ii) through (iv) and each try net that is rigged for fishing paragraph (h)(3)(iii) of this section, on and has a headrope length longer than a shrimp trawler in the Gulf EEZ 16.0 ft (4.9 m), must have a certified shoreward of the 100-fathom (183-m) BRD installed. A trawl net, or try net, depth contour west of 85°30′ W. long., is rigged for fishing if it is in the each net that is rigged for fishing must water, or if it is shackled, tied, or oth- have a certified BRD installed. A trawl erwise connected to a sled, door, or net is rigged for fishing if it is in the other device that spreads the net, or to water, or if it is shackled, tied, or oth- a tow rope, cable, pole, or extension, ei- erwise connected to a sled, door, or ther on board or attached to a shrimp other device that spreads the net, or to trawler. a tow rope, cable, pole, or extension, ei- (2) Certified BRDs. The following ther on board or attached to a shrimp BRDs are certified for use by penaeid trawler. shrimp trawlers in the South Atlantic (ii) A shrimp trawler is exempt from EEZ. Specifications of these certified the requirement to have a certified BRDs are contained in Appendix D of BRD installed in each net provided this part. that at least 90 percent (by weight) of (i) Extended funnel. all shrimp on board or offloaded from (ii) Expanded mesh. such trawler are royal red shrimp. (iii) Fisheye. (iii) A shrimp trawler is exempt from (3) Certification of BRDs—(i) A person the requirement to have a BRD in- who seeks to have a BRD certified for stalled in a single try net with a use in the South Atlantic EEZ must headrope length of 16 ft (4.9 m) or less submit an application to test such provided the single try net is either BRD, conduct the testing, and submit pulled immediately in front of another to the RA the results of the test con- net or is not connected to another net. ducted and recorded in accordance with (iv) A shrimp trawler is exempt from the Testing Protocol for BRD Certifi- the requirement to have a certified cation, which along with forms and BRD installed in up to two rigid-frame procedures, is included in the Bycatch roller trawls that are 16 ft (4.9 m) or Reduction Device Testing Protocol Man- less in length used or possessed on ual which is available from the board. A rigid-frame roller trawl is a SAFMC, One Southpark Circle, Suite trawl that has a mouth formed by a 306, Charleston, SC 29407–4699, and from rigid frame and a grid of rigid vertical the RA. A BRD that meets the certifi- bars; has rollers on the lower hori- cation criterion, as determined under zontal part of the frame to allow the the Testing Protocol for BRD Certifi- trawl to roll over the bottom and any cation, will be added to the list of cer- obstruction while being towed; and has tified BRDs in paragraph (g)(2) of this no doors, boards, or similar devices at- section. tached to keep the mouth of the trawl (ii) A penaeid shrimp trawler that is open. authorized to test a BRD in the EEZ (2) Certified BRDs. The following for possible certification, has such BRDs are certified for use by shrimp written authorization on board, and is trawlers in the Gulf EEZ. Specifica- conducting such test in accordance with the Testing Protocol for BRD Cer- tions of these certified BRDs are con- tification is granted a limited exemp- tained in Appendix D to this part. tion from the BRD requirement speci- (i) Fisheye. fied in paragraph (g)(1) of this section. (ii) Gulf fisheye. The exemption from the BRD require- (iii) Jones-Davis. ment is limited to those trawls that (3) Procedures for certification of addi- are being used in the certification tional BRDs. The process for the certifi- trials. All other trawls rigged for fish- cation of additional BRDs consists of

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two phases—an optional pre-certifi- protocol; the observer identified in the cation phase and a required certifi- application is qualified and has no cur- cation phase. rent or prior financial relationship (i) Pre-certification. The pre-certifi- with the entity seeking BRD certifi- cation phase allows a person to test cation; the application presents a BRD and evaluate a new BRD design for up candidate substantially unlike BRDs to 60 days without being subject to the previously determined not to meet the observer requirements and rigorous current bycatch reduction criterion, or testing requirements specified for cer- the applicant has shown good cause for tification testing in the Gulf Of Mexico reconsideration (such as the likelihood Bycatch Reduction Device Testing Pro- of improved statistical results yielded tocol Manual. from a larger sample size than that (A) A person who wants to conduct previously used); and for BRDs not pre- pre-certification phase testing must viously tested for certification, the re- submit an application, as specified in sults of any pre-certification trials the Gulf Of Mexico Bycatch Reduction conducted have been reviewed and Device Testing Protocol Manual, to the deemed to indicate a reasonable sci- RA. The Gulf Of Mexico Bycatch Reduc- entific basis for conducting certifi- tion Device Testing Protocol Manual, cation testing. If authorization to con- which is available from the RA, upon duct certification trials is denied, the request, contains the application RA will provide a letter of explanation forms. to the applicant, together with rel- (B) After reviewing the application, evant recommendations to address the the RA will determine whether to issue deficiencies resulting in the denial. If a a letter of authorization (LOA) to con- BRD meets the certification criterion, duct pre-certification trials upon the as determined under the testing pro- vessel specified in the application. The tocol, NMFS will publish a notice in RA will issue a pre-certification phase the FEDERAL REGISTER adding the BRD LOA if the BRD design is substantially to the list of certified BRDs in para- unlike any BRD design previously de- graph (h)(2) of this section providing termined not to meet the BRD certifi- the specifications for the newly cer- cation criterion or, if the design is sub- tified BRD, including any special con- stantially similar to a BRD design pre- ditions deemed appropriate based on viously determined not to meet the the certification testing results. BRD certification criteria, and the ap- (iii) A shrimp trawler that is author- plication demonstrates that the design ized to participate in the pre-certifi- could meet the certification criterion cation phase or to test a BRD in the through design revision or upon re- EEZ for possible certification has such testing (e.g., the application shows written authorization on board and is that statistical results could be im- conducting such test in accordance proved upon retesting by such things with the Gulf Of Mexico Bycatch Reduc- as using a larger sample size than that tion Device Testing Protocol Manual is previously used). If the RA authorizes granted a limited exemption from the pre-certification, the RA’s letter of au- BRD requirement specified in para- thorization must be on board the vessel graph (h)(1) of this section. The exemp- during any trip involving the BRD tion from the BRD requirement is lim- testing. ited to those trawls that are being used (ii) Certification. A person who pro- in the certification trials. All other poses a BRD for certification for use in trawls rigged for fishing must be the Gulf EEZ must submit an applica- equipped with certified BRDs. tion to test such BRD, conduct the (i) Gulf reef fish exhibiting trap rash. testing, and submit the results of the Gulf reef fish in or from the Gulf EEZ test in accordance with the Gulf Of that exhibit trap rash may be possessed Mexico Bycatch Reduction Device Testing on board a vessel only if that vessel has Protocol Manual. The RA will issue a a valid fish trap endorsement, as re- LOA to conduct certification trials quired under § 622.4(a)(2)(i), on board. upon the vessel specified in the appli- Possession of such fish on board a ves- cation if the RA finds that: The test sel without a valid fish trap endorse- plan meets the requirements of the ment is prima facie evidence of illegal

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trap use and is prohibited. For the pur- scamp, combined—1.60 million lb (0.73 pose of this paragraph, trap rash is de- million kg), round weight. fined as physical damage to fish that (iii) Shallow-water groupers (i.e., all characteristically results from contact groupers other than deep-water with wire fish traps. Such damage in- groupers, jewfish, and Nassau grouper), cludes, but is not limited to, broken fin including scamp before the quota for spines, fin rays, or teeth; visually obvi- shallow-water groupers is reached, ous loss of scales; and cuts or abrasions combined—9.80 million lb (4.45 million on the body of the fish, particularly on kg), round weight. the head, snout, or mouth. (2) Recreational quota for red snapper. [61 FR 34934, July 3, 1996, as amended at 61 The following quota applies to persons FR 43959, Aug. 27, 1996; 61 FR 65484, Dec. 13, who harvest red snapper other than 1996; 62 FR 18539, Apr. 16, 1997; 63 FR 10568, under commercial vessel permits for Mar. 4, 1998; 63 FR 18144, Apr. 14, 1998; 63 FR Gulf reef fish and the commercial 38303, July 16, 1998; 64 FR 3628, Jan. 25, 1999; quota specified in paragraph (a)(1)(i) of 64 FR 36781, July 8, 1999; 64 FR 37694, July 13, this section—4.47 million lb (2.03 mil- 1999; 64 FR 43941, Aug. 12, 1999; 64 FR 45459, lion kg), round weight. Aug. 20, 1999; 64 FR 52428, Sept. 29, 1999; 64 FR 59126, Nov. 2, 1999; 64 FR 68935, Dec. 9, 1999; 65 (3) Shallow-water groupers, that is, FR 16340, Mar. 28, 2000; 65 FR 52957, Aug. 31, all groupers other than deep-water 2000; 65 FR 61116, Oct. 16, 2000] groupers, jewfish, and Nassau grouper, including scamp before the quota for § 622.42 Quotas. shallow-water groupers is reached, Quotas apply for the fishing year for combined—9.8 million lb (4.4 million each species or species group. Except kg), round weight. for the quotas for Gulf and South At- (b) Gulf and South Atlantic allowable lantic coral, the quotas include species octocoral. The quota for all persons who harvested from state waters adjoining harvest allowable octocoral in the EEZ the EEZ. Quotas for species managed of the Gulf and South Atlantic is 50,000 under this part are as follows. (See colonies. A colony is a continuous § 622.32 for limitations on taking pro- group of coral polyps forming a single hibited and limited-harvest species. unit. The limitations in § 622.32 apply with- (c) King and Spanish mackerel. King out regard to whether the species is and Spanish mackerel quotas apply to harvested by a vessel operating under a persons who fish under commercial ves- commercial vessel permit or by a per- sel permits for king or Spanish mack- son subject to the bag limits.) erel, as required under § 622.4(a)(2)(iii) (a) Gulf reef fish—(1) Commercial or (iv). A fish is counted against the quotas. The following quotas apply to quota for the area where it is caught persons who fish under commercial ves- when it is first sold. sel permits for Gulf reef fish, as re- (1) Migratory groups of king mackerel— quired under § 622.4(a)(2)(v). (i) Gulf migratory group. The quota for (i) Red snapper—4.65 million lb (2.11 the Gulf migratory group of king million kg), round weight, apportioned mackerel is 3.26 million lb (1.48 million as follows: kg). The Gulf migratory group is di- (A) Two-thirds of the quota specified vided into eastern and western zones in § 622.42(a)(1)(i), 3.10 million lb (1.41 separated by 87°31′06″ W. long., which is million kg), available at noon on Feb- a line directly south from the Alabama/ ruary 1 each year, subject to the clo- Florida boundary. Quotas for the east- sure provisions of §§ 622.34(l) and ern and western zones are as follows: 622.43(a)(1)(i). (A) Eastern zone—2.25 million lb (1.02 (B) The remainder available at noon million kg), which is further divided on October 1 each year, subject to the into quotas as follows: closure provisions of §§ 622.34(l) and (1) Florida east coast subzone-- 622.43(a)(1)(i). 1,040,625 lb (472,020 kg). (ii) Deep-water groupers (i.e., (2) Florida west coast subzone—(i) yellowedge grouper, misty grouper, Southern—1,040,625 lb (472,020 kg), which warsaw grouper, snowy grouper, and is further divided into a quota of 520,312 speckled hind), and, after the quota for lb (236,010 kg) for vessels fishing with shallow-water grouper is reached, hook-and-line and a quota of 520,312 lb

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(236,010 kg) for vessels fishing with run- (1) Snowy grouper—344,508 lb (156,266 around gillnets. kg), gutted weight, that is, eviscerated (ii) Northern—168,750 lb (76,544 kg). but otherwise whole. (3) Description of Florida subzones. (2) Golden tilefish—1,001,663 lb (454,347 The Florida east coast subzone is that kg), gutted weight, that is, eviscerated part of the eastern zone north of 25°20.4′ but otherwise whole. N. lat., which is a line directly east (3) Greater amberjack—1,169,931 lb from the Miami-Dade/Monroe County, (530,672 kg), gutted weight, that is, FL, boundary. The Florida west coast eviscerated but otherwise whole. subzone is that part of the eastern zone (f) Wreckfish. The quota for wreckfish south and west of 25°20.4′ N. lat. The applies to wreckfish shareholders, or Florida west coast subzone is further their employees, contractors, or divided into southern and northern agents, and is 2 million lb (907,185 kg), subzones. From November 1 through round weight. See § 622.15 for informa- March 31, the southern subzone is that tion on the wreckfish shareholder part of the Florida west coast subzone under the ITQ system. that extends south and west from 25°20.4′ N. lat. to 26°19.8′ N. lat., a line [61 FR 34934, July 3, 1996, as amended at 61 directly west from the Lee/Collier FR 48643, Sept. 16, 1996; 62 FR 13988, Mar. 25, 1997; 62 FR 23674, May 1, 1997; 62 FR 46679, County, FL, boundary (i.e., the area off Sept. 4, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR Collier and Monroe Counties). From 8356, Feb. 19, 1998; 63 FR 10569, Mar. 4, 1998; 64 April 1 through October 31, the south- FR 3629, Jan. 25, 1999; 64 FR 45459, Aug. 20, ern subzone is that part of the Florida 1999; 64 FR 59126, Nov. 2, 1999; 65 FR 16340, west coast subzone that is between Mar. 28, 2000; 65 FR 30363, May 11, 2000; 65 FR 26°19.8′ N. lat. and 25°48′ N. lat., which 41016, July 3, 2000; 65 FR 50162, Aug. 17, 2000; is a line directly west from the Monroe/ 66 FR 17369, Mar. 30, 2001] Collier County, FL, boundary (i.e., off § 622.43 Closures. Collier County). The northern subzone is that part of the Florida west coast (a) General. When a quota specified in subzone that is between 26°19.8′ N. lat. § 622.42 is reached, or is projected to be and 87°31′06″ W. long., which is a line di- reached, the Assistant Administrator rectly south from the Alabama/Florida will file a notification to that effect boundary. with the Office of the Federal Register. (B) Western zone—1.01 million lb (0.46 On and after the effective date of such million kg). notification, for the remainder of the (ii) Atlantic migratory group. The fishing year, the following closure re- quota for the Atlantic migratory group strictions apply: of king mackerel is 3.71 million lb (1.68 (1) Gulf reef fish—(i) Commercial million kg). No more than 0.40 million quotas. The bag and possession limits lb (0.18 million kg) may be harvested specified in § 622.39(b) apply to all har- by purse seines. vest or possession in or from the Gulf (2) Migratory groups of Spanish mack- EEZ of the indicated species, and the erel—(i) Gulf migratory group. The sale or purchase of the indicated spe- quota for the Gulf migratory group of cies taken from the Gulf EEZ is prohib- Spanish mackerel is 5.187 million lb ited. In addition, the bag and posses- (2.353 million kg). sion limits for red snapper apply on (ii) Atlantic migratory group. The board a vessel for which a commercial quota for the Atlantic migratory group permit for Gulf reef fish has been of Spanish mackerel is 3.87 million lb issued, as required under § 622.4(a)(2)(v), (1.76 million kg). without regard to where such red snap- (d) Royal red shrimp in the Gulf. The per were harvested. However, the bag quota for all persons who harvest royal and possession limits for red snapper red shrimp in the Gulf is 392,000 lb apply only when the recreational quota (177.8 mt), tail weight. for red snapper has not been reached (e) South Atlantic snapper-grouper, ex- and the bag and possession limit has cluding wreckfish. The quotas apply to not been reduced to zero under para- persons who are not subject to the bag graph (a)(1)(ii) of this section. limits. (See § 622.39(a)(1) for applica- (ii) Recreational quota for red snapper. bility of the bag limits.) The bag and possession limit for red

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snapper in or from the Gulf EEZ is possession limits for greater amberjack zero. and the prohibition on sale/purchase (2) Gulf and South Atlantic allowable apply in the South Atlantic on board a octocoral. Allowable octocoral may not vessel for which a valid Federal com- be harvested or possessed in the Gulf mercial or charter vessel/headboat per- EEZ or South Atlantic EEZ and the mit for South Atlantic snapper-grouper sale or purchase of allowable octocoral has been issued, without regard to in or from the Gulf EEZ or South At- where such greater amberjack were lantic EEZ is prohibited. harvested. (3) King and Spanish mackerel. The (ii) Golden tilefish and snowy grouper. closure provisions of this paragraph Golden tilefish and snowy grouper, for (a)(3) do not apply to Atlantic migra- which there are quotas, are managed tory group Spanish mackerel, which under the commercial trip limits speci- are managed under the commercial fied in § 622.44(c) in lieu of the closure trip limits specified in § 622.44(b) in lieu provisions of this section. of the closure provisions of this sec- (6) Wreckfish. Wreckfish in or from tion. the South Atlantic EEZ may not be re- (i) A person aboard a vessel for which tained, and the sale or purchase of a commercial permit for king or Span- wreckfish taken from the South Atlan- ish mackerel has been issued, as re- tic EEZ is prohibited. quired under § 622.4(a)(2)(iii) or (iv), (b) Exception to prohibition on sale/pur- may not fish for king or Spanish mack- chase. (1) The prohibition on sale/pur- erel in the EEZ or retain king or Span- chase during a closure for Gulf reef ish mackerel in or from the EEZ under fish, king and Spanish mackerel, royal a bag or possession limit specified in red shrimp, greater amberjack, or § 622.39(c) for the closed species, migra- wreckfish in paragraphs (a)(1), tory group, zone, subzone, or gear, ex- (a)(3)(iii), (a)(4), (a)(5)(i), or (a)(6) of cept as provided for under paragraph this section does not apply to the indi- (a)(3)(ii) of this section. cated species that were harvested, (ii) A person aboard a vessel for landed ashore, and sold prior to the ef- which the permit indicates both char- fective date of the closure and were ter vessel/headboat for coastal migra- held in cold storage by a dealer or proc- tory pelagic fish and commercial king essor. or Spanish mackerel may continue to (2) The prohibition on sale/purchase retain fish under a bag and possession during a closure for allowable limit specified in § 622.39(c), provided octocoral in paragraph (a)(2) of this the vessel is operating as a charter ves- section does not apply to allowable sel or headboat. octocoral that was harvested and land- (iii) The sale or purchase of king or ed ashore prior to the effective date of Spanish mackerel of the closed species, the closure. migratory group, zone, subzone, or gear (c) Reopening. When a fishery has type is prohibited, including such king been closed based on a projection of the or Spanish mackerel taken under the quota specified in § 622.42 being reached bag limits. and subsequent data indicate that the (4) Royal red shrimp in the Gulf. Royal quota was not reached, the Assistant red shrimp in or from the Gulf EEZ Administrator may file a notification may not be retained, and the sale or to that effect with the Office of the purchase of royal red shrimp taken Federal Register. Such notification from the Gulf EEZ is prohibited. may reopen the fishery to provide an (5) South Atlantic snapper-grouper, ex- opportunity for the quota to be cluding wreckfish—(i) Greater amberjack. reached. The bag limit specified in [61 FR 34934, July 3, 1996, as amended at 62 § 622.39(d)(1)(i) and the possession limits FR 13988, Mar. 25, 1997; 62 FR 46679, Sept. 4, specified in § 622.39(d)(2) apply to all 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 10569, harvest or possession of greater Mar. 4, 1998; 64 FR 3629, Jan. 25, 1999; 64 FR amberjack in or from the South Atlan- 59126, Nov. 2, 1999] tic EEZ, and the sale or purchase of EFFECTIVE DATE NOTE: At 67 FR 43565, June greater amberjack taken from the EEZ 28, 2002, § 622.43 was amended by revising is prohibited. In addition, the bag and paragraph (a)(3)(ii), effective Dec. 26, 2002.

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For the convenience of the user, the revised be possessed on board or landed from a text follows: vessel in a day in amounts exceeding 75 § 622.43 Closures. fish from April 1 through October 31. (a) * * * (iv) In the area between 25°20.4′ N. (3) * * * lat. and 25°48′ N. lat., which is a line di- (ii) A person aboard a vessel for which rectly west from the Monroe/Collier valid charter vessel/headboat permits for County, FL, boundary, king mackerel Gulf coastal migratory pelagic fish or South in or from the EEZ may not be pos- Atlantic coastal migratory pelagic fish and a valid commercial vessel permit for king or sessed on board or landed from a vessel Spanish mackerel have been issued may con- in a day in amounts exceeding 1,250 lb tinue to retain fish under a bag and posses- (567 kg) from April 1 through October sion limit specified in § 622.39(c), provided 31. the vessel is operating as a charter vessel or (2) Gulf group. Commercial trip limits headboat. are established in the eastern and west- § 622.44 Commercial trip limits. ern zones as follows. (See § 622.42(c)(1)(i) for specification of the eastern and Commercial trip limits are limits on western zones and § 622.42(c)(1)(i)(A)(3) the amount of the applicable species for specifications of the subzones in the that may be possessed on board or eastern zone.) landed, purchased, or sold from a vessel per day. A person who fishes in the (i) Eastern zone–Florida east coast EEZ may not combine a trip limit subzone. In the Florida east coast specified in this section with any trip subzone, king mackerel in or from the or possession limit applicable to state EEZ may be possessed on board at any waters. A species subject to a trip limit time or landed in a day from a vessel specified in this section taken in the with a commercial permit for king EEZ may not be transferred at sea, re- mackerel as required under gardless of where such transfer takes § 622.4(a)(2)(iii) as follows: place, and such species may not be (A) From November 1 through Janu- transferred in the EEZ. For fisheries ary 31—not to exceed 50 fish. governed by this part, commercial trip (B) Beginning on February 1 and con- limits apply as follows (all weights are tinuing through March 31— round or eviscerated weights): (1) If 75 percent or more of the Flor- (a) King mackerel—(1) Atlantic group. ida east coast subzone quota as speci- The following trip limits apply to ves- fied in § 622.42(c)(1)(i)(A)(1) has been sels for which commercial permits for taken—not to exceed 50 fish. king mackerel have been issued, as re- (2) If less than 75 percent of the Flor- quired under § 622.4(a)(2)(iii): ida east coast subzone quota as speci- ° ′ (i) North of 29 25 N. lat., which is a fied in § 622.42(c)(1)(i)(A)(1) has been line directly east from the Flagler/ taken—not to exceed 75 fish. Volusia County, FL, boundary, king (ii) Eastern zone-Florida west coast mackerel in or from the EEZ may not subzone—(A) Gillnet gear. (1) In the be possessed on board or landed from a southern Florida west coast subzone, vessel in a day in amounts exceeding king mackerel in or from the EEZ may 3,500 lb (1,588 kg). be possessed on board or landed from a (ii) In the area between 29°25′ N. lat. and 28°47.8′ N. lat., which is a line di- vessel for which a commercial permit rectly east from the Volusia/Brevard with a gillnet endorsement has been County, FL, boundary, king mackerel issued, as required under § 622.4(a)(2)(ii), in or from the EEZ may not be pos- in amounts not exceeding 25,000 lb sessed on board or landed from a vessel (11,340 kg) per day, provided the gillnet in a day in amounts exceeding 3,500 lb fishery for Gulf group king mackerel is (1,588 kg) from April 1 through October not closed under § 622.34(p) or § 622.43(a). 31. (2) In the southern Florida west coast (iii) In the area between 28°47.8′ N. subzone: lat. and 25°20.47′ N. lat., which is a line (i) King mackerel in or from the EEZ directly east from the Miami-Dade/ may be possessed on board or landed Monroe County, FL, boundary, king from a vessel that uses or has on board mackerel in or from the EEZ may not a run-around gillnet on a trip only

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when such vessel has on board a com- (b) Spanish mackerel. (1) Commercial mercial permit for king mackerel with trip limits are established for Atlantic a gillnet endorsement. migratory group Spanish mackerel as (ii) King mackerel from the southern follows: west coast subzone landed by a vessel (i) North of 30°42′45.6″ N. lat., which is for which such commercial permit with a line directly east from the Georgia/ endorsement has been issued will be Florida boundary, Spanish mackerel in counted against the run-around gillnet or from the EEZ may not be possessed quota of § 622.42(c)(1)(i)(A)(2)(i). on board or landed in a day from a ves- (iii) King mackerel in or from the sel for which a permit for Spanish EEZ harvested with gear other than mackerel has been issued, as required run-around gillnet may not be retained under § 622.4(a)(2)(iv), in amounts ex- on board a vessel for which such com- ceeding 3,500 lb (1,588 kg). mercial permit with endorsement has (ii) South of 30°42′45.6″ N. lat., Span- been issued. ish mackerel in or from the EEZ may (B) Hook-and-line gear. In the Florida not be possessed on board or landed in west coast subzone, king mackerel in a day from a vessel for which a permit or from the EEZ may be possessed on for Spanish mackerel has been issued, board or landed from a vessel with a as required under § 622.4(a)(2)(iv)— commercial permit for king mackerel, (A) From April 1 through November as required by § 622.4(a)(2)(iii), and op- 30, in amounts exceeding 3,500 lb (1,588 erating under the hook-and-line gear kg). quotas in § 622.42(c)(1)(i)(A)(2)(i) or (B) From December 1 until 75 percent (c)(1)(i)(A)(2)(ii): of the adjusted quota is taken, in (1) From July 1, each fishing year, amounts as follows: until 75 percent of the respective (1) Mondays through Fridays—unlim- northern or southern subzone’s hook- ited. and-line gear quota has been har- (2) Saturdays and Sundays—not ex- vested—in amounts not exceeding 1,250 ceeding 1,500 lb (680 kg). lb (567 kg) per day. (C) After 75 percent of the adjusted (2) From the date that 75 percent of quota is taken until 100 percent of the the respective northern or southern adjusted quota is taken, in amounts subzone’s hook-and-line gear quota has not exceeding 1,500 lb (680 kg). been harvested, until a closure of the (D) After 100 percent of the adjusted respective northern or southern quota is taken through the end of the subzone’s fishery for vessels fishing fishing year, in amounts not exceeding with hook-and-line gear has been ef- 500 lb (227kg). fected under § 622.43(a)—in amounts not (2) For the purpose of paragraph exceeding 500 lb (227 kg) per day. (b)(1)(ii) of this section, the adjusted (iii) Notice of trip limit changes. The quota is 3.62 million lb (1.64 million Assistant Administrator, by filing a kg). The adjusted quota is the quota notification of trip limit change with for Atlantic migratory group Spanish the Office of the Federal Register, will mackerel reduced by an amount cal- effect the trip limit changes specified culated to allow continued harvests of in paragraphs (a)(2)(i) and (a)(2)(ii)(B) Atlantic migratory group Spanish of this section when the requisite har- mackerel at the rate of 500 lb (227 kg) vest level has been reached or is pro- per vessel per day for the remainder of jected to be reached. the fishing year after the adjusted (iv) Western zone. In the western zone, quota is reached. By filing a notifica- king mackerel in or from the EEZ may tion with the Office of the Federal Reg- be possessed on board or landed from a ister, the Assistant Administrator will vessel for which a commercial permit announce when 75 percent and 100 per- for king mackerel has been issued, as cent of the adjusted quota is reached or required under § 622.4(a)(2)(ii), from is projected to be reached. July 1, each fishing year, until a clo- (3) For the purpose of paragraph sure of the western zone’s fishery has (b)(1)(ii) of this section, a day starts at been effected under § 622.43(a)—in 6 a.m., local time, and extends for 24 amounts not exceeding 3,000 lb (1,361 hours. If a vessel terminates a trip kg) per day. prior to 6 a.m., but retains Spanish

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mackerel on board after that time, the (3) The trip limit for red snapper in Spanish mackerel retained on board or from the Gulf for any other vessel will not be considered in possession for which a commercial permit for Gulf during the succeeding day, provided reef fish has been issued is zero. the vessel is not underway between 6 (4) As a condition of a commercial a.m. and the time such Spanish mack- vessel permit for Gulf reef fish, as re- erel are unloaded, and provided such quired under § 622.4(a)(2)(v), without re- Spanish mackerel are unloaded prior to gard to where red snapper are har- 6 p.m. vested or possessed, a vessel that has (c) South Atlantic snapper-grouper. been issued such permit— When a vessel fishes on a trip in the (i) May not possess red snapper in or South Atlantic EEZ, the vessel trip from the Gulf in excess of the appro- limits specified in this paragraph (c) priate vessel trip limit, as specified in apply, provided persons aboard the ves- paragraphs (d)(1) through (d)(3) of this sel are not subject to the bag limits. section. See § 622.39(a) for applicability of the (ii) May not transfer or receive at sea bag limits. red snapper in or from the Gulf. (1) Trip-limited permits. A vessel for (e) Caribbean queen conch. A person which a trip-limited permit for South who fishes in the Caribbean EEZ and is Atlantic snapper-grouper has been not subject to the bag limit may not issued is limited to 225 lb (102.1 kg) of possess in or from the Caribbean EEZ snapper-grouper. more than 150 queen conch per day. (2) Golden tilefish. (i) Until the fishing [61 FR 34934, July 3, 1996, as amended at 61 year quota specified in § 622.42(e)(2) is FR 48415, Sept. 13, 1996; 61 FR 48851, Sept. 17, reached, 5,000 lb (2,268 kg). 1996; 61 FR 65484, Dec. 13, 1996; 62 FR 23674, (ii) After the fishing year quota spec- May 1, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR ified in § 622.42(e)(2) is reached, 300 lb 8356, Feb. 19, 1998; 63 FR 10569, Mar. 4, 1998; 63 (136 kg). FR 38303, July 16, 1998; 64 FR 45459, Aug. 20, (3) Snowy grouper. (i) Until the fish- 1999; 64 FR 59126, Nov. 2, 1999; 65 FR 16341, Mar. 28, 2000; 65 FR 30364, May 11, 2000; 65 FR ing year quota specified in § 622.42(e)(1) 41016, July 3, 2000; 65 FR 51252, Aug. 23, 2000; is reached, 2,500 lb (1,134 kg). 65 FR 55205, Sept. 13, 2000; 66 FR 17370, Mar. (ii) After the fishing year quota spec- 30, 2001] ified in § 622.42(e)(1) is reached, 300 lb (136 kg). § 622.45 Restrictions on sale/purchase. (4) Red porgy. (i) From May 1 through In addition to restrictions on sale/ December 31, 50 lb (22.7 kg). purchase related to closures, as speci- (ii) From January 1 through April 30, fied in § 622.43 (a) and (b), restrictions the seasonal harvest limit specified in on sale and/or purchase apply as fol- § 622.36(b)(5) applies. lows. (5) Greater amberjack. Until the fish- (a) Caribbean coral reef resource. (1) No ing year quota specified in § 622.42(e)(3) person may sell or purchase a Carib- is reached, 1,000 lb (454 kg). See § bean prohibited coral harvested in the 622.43(a)(5)(i) for the limitations re- Caribbean EEZ. garding greater amberjack after the (2) A Caribbean prohibited coral that fishing year quota is reached. is sold in Puerto Rico or the U.S. Vir- (d) Gulf red snapper. (1) The trip limit gin Islands will be presumed to have for red snapper in or from the Gulf for been harvested in the Caribbean EEZ, a vessel that has on board a valid com- unless it is accompanied by docu- mercial permit for Gulf reef fish and a mentation showing that it was har- valid Class 1 red snapper license is 2,000 vested elsewhere. Such documentation lb (907 kg), round or eviscerated must contain: weight. (i) The information specified in sub- (2) The trip limit for red snapper in part K of part 300 of this title for mark- or from the Gulf for a vessel that has ing containers or packages of fish or on board a valid commercial permit for wildlife that are imported, exported, or Gulf reef fish and a valid Class 2 red transported in interstate commerce. snapper license is 200 lb (91 kg), round (ii) The name and home port of the or eviscerated weight. vessel, or the name and address of the

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individual, harvesting the Caribbean § 622.4(a)(2)(vi), or from a person who prohibited coral. has a valid commercial license to sell (iii) The port and date of landing the fish in the state where the purchase oc- Caribbean prohibited coral. curs. (iv) A statement signed by the person (3) Except for the sale or purchase of selling the Caribbean prohibited coral South Atlantic snapper-grouper har- attesting that, to the best of his or her vested by a vessel that has a valid com- knowledge, information, and belief, mercial permit for South Atlantic such Caribbean prohibited coral was snapper-grouper, the sale or purchase harvested other than in the Caribbean of such fish is limited to the bag limits EEZ or the waters of Puerto Rico or specified in § 622.39(d)(1). the U.S. Virgin Islands. (4) A warsaw grouper or speckled (b) Caribbean reef fish. A live red hind hind in or from the South Atlantic or live mutton snapper in or from the EEZ may not be sold or purchased. Caribbean EEZ may not be sold or pur- (5) During January, February, March, chased and used in the marine aquar- and April, no person may sell or pur- ium trade. chase a red porgy harvested from the (c) Gulf reef fish. (1) A Gulf reef fish South Atlantic EEZ or, if harvested by harvested in the EEZ on board a vessel a vessel for which a valid Federal com- that does not have a valid commercial mercial or charter vessel/headboat per- permit for Gulf reef fish, as required mit for South Atlantic snapper-grouper under § 622.4(a)(2)(v), or a Gulf reef fish has been issued, harvested from the possessed under the bag limits speci- South Atlantic. The prohibition on fied in § 622.39(b), may not be sold or sale/purchase during January through purchased. April does not apply to red porgy that (2) A Gulf reef fish harvested on were harvested, landed ashore, and sold board a vessel that has a valid commer- prior to January 1 and were held in cial permit for Gulf reef fish may be cold storage by a dealer or processor. sold only to a dealer who has a valid This prohibition also does not apply to permit for Gulf reef fish, as required under § 622.4(a)(4). a dealer’s purchase or sale of red porgy (3) A Gulf reef fish harvested in the harvested from an area other than the EEZ may be purchased by a dealer who South Atlantic, provided such fish is has a valid permit for Gulf reef fish, as accompanied by documentation of har- required under § 622.4(a)(4), only from a vest outside the South Atlantic. Such vessel that has a valid commercial per- documentation must contain: mit for Gulf reef fish. (i) The information specified in 50 (4) From February 15 until March 15, CFR part 300 subpart K for marking each year, no person may sell or pur- containers or packages of fish or wild- chase a gag, black grouper, or red life that are imported, exported, or grouper harvested from the Gulf by a transported in interstate commerce; vessel with a valid Federal commercial (ii) The official number, name, and permit for Gulf reef fish. This prohibi- home port of the vessel harvesting the tion on sale/purchase does not apply to red porgy; gag, black grouper, or red grouper that (iii) The port and date of offloading were harvested, landed ashore, and sold from the vessel harvesting the red prior to February 15 and were held in porgy; and cold storage by a dealer or processor. (iv) A statement signed by the dealer (d) South Atlantic snapper-grouper. (1) attesting that the red porgy was har- A person may sell South Atlantic snap- vested from an area other than the per-grouper harvested in the EEZ only South Atlantic. to a dealer who has a valid permit for (6) During April, no person may sell South Atlantic snapper-grouper, as re- or purchase a greater amberjack har- quired under § 622.4(a)(4). vested from the South Atlantic EEZ or, (2) A person may purchase South At- if harvested by a vessel for which a lantic snapper-grouper harvested in the valid Federal commercial or charter EEZ only from a vessel that has a valid vessel/headboat permit for South At- commercial permit for South Atlantic lantic snapper-grouper has been issued, snapper-grouper, as required under harvested from the South Atlantic.

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The prohibition on sale/purchase dur- (iii) The port and date of offloading ing April does not apply to greater from the vessel harvesting the gag or amberjack that were harvested, landed black grouper; and ashore, and sold prior to April 1 and (iv) A statement signed by the dealer were held in cold storage by a dealer or attesting that the gag or black grouper processor. This prohibition also does was harvested from an area other than not apply to a dealer’s purchase or sale the South Atlantic. of greater amberjack harvested from (e) Gulf and South Atlantic wild live an area other than the South Atlantic, rock. Wild live rock in or from the Gulf provided such fish is accompanied by EEZ or South Atlantic EEZ may not be documentation of harvest outside the sold or purchased. The prohibition on South Atlantic. Such documentation sale or purchase does not apply to wild must contain: live rock from the South Atlantic EEZ (i) The information specified in 50 that was harvested and landed prior to CFR part 300 subpart K for marking January 1, 1996, or to wild live rock containers or packages of fish or wild- from the Gulf EEZ that was harvested life that are imported, exported, or and landed prior to January 1, 1997. transported in interstate commerce; (f) South Atlantic golden crab. (1) A fe- (ii) The official number, name, and male golden crab in or from the South home port of the vessel harvesting the Atlantic EEZ may not be sold or pur- greater amberjack; chased. (iii) The port and date of offloading (2) A golden crab harvested in the from the vessel harvesting the greater South Atlantic EEZ on board a vessel amberjack; and that does not have a valid commercial (iv) A statement signed by the dealer permit for golden crab, as required attesting that the greater amberjack under § 622.4(a)(2)(x), may not be sold or was harvested from an area other than purchased. the South Atlantic. (3) A golden crab harvested on board (7) During March and April, no per- a vessel that has a valid commercial son may sell or purchase a gag or black permit for golden crab may be sold grouper harvested from the South At- only to a dealer who has a valid permit lantic EEZ or, if harvested by a vessel for golden crab, as required under for which a valid Federal commercial § 622.4(a)(4). or charter vessel/headboat permit for (4) A golden crab harvested in the South Atlantic snapper-grouper has South Atlantic EEZ may be purchased been issued, harvested from the South by a dealer who has a valid permit for Atlantic. The prohibition on sale/pur- golden crab, as required under chase during March and April does not § 622.4(a)(4), only from a vessel that has apply to gag or black grouper that a valid commercial permit for golden were harvested, landed ashore, and sold crab. prior to March 1 and were held in cold (g) South Atlantic rock shrimp. (1) storage by a dealer or processor. This Rock shrimp harvested in the South prohibition also does not apply to a Atlantic EEZ on board a vessel that dealer’s purchase or sale of gag or does not have a valid commercial per- black grouper harvested from an area mit for rock shrimp, as required under other than the South Atlantic, pro- § 622.4(a)(2)(viii), may not be trans- vided such fish is accompanied by docu- ferred, received, sold, or purchased. mentation of harvest outside the South (2) Rock shrimp harvested on board a Atlantic. Such documentation must vessel that has a valid commercial per- contain: mit for rock shrimp may be transferred (i) The information specified in 50 or sold only to a dealer who has a valid CFR part 300 subpart K for marking permit for rock shrimp, as required containers or packages of fish or wild- under § 622.4(a)(4). life that are imported, exported, or (3) Rock shrimp harvested in the transported in interstate commerce; South Atlantic EEZ may be received or (ii) The official number, name, and purchased by a dealer who has a valid home port of the vessel harvesting the permit for rock shrimp, as required gag or black grouper; under § 622.4(a)(4), only from a vessel

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that has a valid commercial permit for catch of which is ground up for animal rock shrimp. feed or industrial products. (h) Cut-off (damaged) king or Spanish (a) Other provisions of this part not- mackerel. A person may not sell or pur- withstanding, the owner or operator of chase a cut-off (damaged) king or a vessel in the Gulf groundfish trawl Spanish mackerel that does not comply fishery is exempt from the following with the minimum size limits specified requirements and limitations for the in § 622.37(c)(2) or (c)(3), respectively, or vessel’s unsorted catch of Gulf reef that is in excess of the trip limits spec- fish: ified in § 622.44(a) or (b), respectively. (1) The requirement for a valid com- [61 FR 34934, July 3, 1996, as amended at 61 mercial vessel permit for Gulf reef fish FR 43960, Aug. 27, 1996; 61 FR 47449, Sept. 9, in order to sell Gulf reef fish. 1996; 63 FR 10569, Mar. 4, 1998; 63 FR 57590, (2) Minimum size limits for Gulf reef Oct. 28, 1998; 64 FR 3629, Jan. 25, 1999; 64 FR fish. 59126, Nov. 2, 1999; 65 FR 16341, Mar. 28, 2000; (3) Bag limits for Gulf reef fish. 65 FR 31831, May 19, 2000; 65 FR 51253, Aug. 23, (4) The prohibition on sale of Gulf 2000] reef fish after a quota closure. § 622.46 Prevention of gear conflicts. (b) Other provisions of this part not- withstanding, a dealer in a Gulf state (a) No person may knowingly place in is exempt from the requirement for a the Gulf EEZ any article, including dealer permit for Gulf reef fish to re- fishing gear, that interferes with fish- ceive Gulf reef fish harvested from the ing or obstructs or damages fishing Gulf EEZ by a vessel in the Gulf gear or the fishing vessel of another; or groundfish trawl fishery. knowingly use fishing gear in such a fashion that it obstructs or damages § 622.48 Adjustment of management the fishing gear or fishing vessel of an- measures. other. In accordance with the framework (b) In accordance with the procedures procedures of the applicable FMPs, the and restrictions of the FMP for the RA may establish or modify the fol- Shrimp Fishery of the Gulf of Mexico, lowing items: the RA may modify or establish sepa- (a) Caribbean coral reef resources. Spe- ration zones for shrimp trawling and cies for which management measures the use of fixed gear to prevent gear may be specified; prohibited species; conflicts. Necessary prohibitions or re- harvest limitations, including quotas, strictions will be published in the FED- trip, or daily landing limits; gear re- ERAL REGISTER. strictions; closed seasons or areas; and (c) In accordance with the procedures marine conservation districts. and restrictions of the FMP for Coastal Migratory Pelagic Resources, when the (b) Caribbean reef fish. Size limits, RA determines that a conflict exists in closed seasons or areas, fish trap mesh the king mackerel fishery between size, and the threshold level for over- hook-and-line and gillnet fishermen in fishing. the South Atlantic EEZ off the east (c) Coastal migratory pelagic fish. For a coast of Florida between 27°00.6′ N. lat. species or species group: Age-struc- and 27°50.0′ N. lat., the RA may pro- tured analyses, target date for rebuild- hibit or restrict the use of hook-and- ing an overfished species, MSY (or line and/or gillnets in all or a portion proxy), stock biomass achieved by fish- of that area. Necessary prohibitions or ing at MSY (BMSY) (or proxy), max- restrictions will be published in the imum fishing mortality threshold FEDERAL REGISTER. (MFMT), minimum stock size thresh- old (MSST), OY, TAC, quota (including [61 FR 34934, July 3, 1996, as amended at 64 a quota of zero), bag limit (including a FR 59126, Nov. 2, 1999] bag limit of zero), size limits, vessel trip limits, closed seasons or areas and § 622.47 Gulf groundfish trawl fishery. reopenings, gear restrictions (ranging Gulf groundfish trawl fishery means from regulation to complete prohibi- fishing in the Gulf EEZ by a vessel that tion), reallocation of the commercial/ uses a bottom trawl, the unsorted recreational allocation of Atlantic

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group Spanish mackerel, permit re- (i) Gulf shrimp. Bycatch reduction cri- quirements, definitions of essential teria, BRD certification and decerti- fish habitat, and essential fish habitat fication criteria, BRD testing protocol, HAPCs or Coral HAPCs. certified BRDs, and BRD specifica- (d) Gulf reef fish. (1) For a species or tions. species group: Target date for rebuild- (j) Gulf red drum. Target date for re- ing an overfished species, TAC, bag building an overfished species, MSY (or limits, size limits, vessel trip limits, proxy), stock biomass achieved by fish- closed seasons or areas, gear restric- ing at MSY (BMSY), OY, TAC, minimum tions, quotas, MSY (or proxy), OY, and stock size threshold (MSST), maximum estimates of stock biomass achieved by fishing mortality threshold (MFMT), escapement rates for juvenile fish, bag fishing at MSY (BMSY), minimum stock size threshold (MSST), and maximum limits, size limits, gear harvest limits, fishing mortality threshold (MFMT). and other restrictions required to pre- (2) SMZs and the gear restrictions ap- vent exceeding allocations or quotas. plicable in each. (k) Atlantic coast red drum. Defini- tions of essential fish habitat and es- (e) Gulf royal red shrimp. MSY, OY, sential fish habitat HAPCs or Coral and TAC. HAPCs. (f) South Atlantic snapper-grouper and (l) South Atlantic coral, coral reefs, and wreckfish. Biomass levels, age-struc- live/hard bottom habitats. Definitions of tured analyses, target dates for re- essential fish habitat and essential fish building overfished species, MSY, ABC, habitat HAPCs or Coral HAPCs. TAC, quotas, trip limits, bag limits, minimum sizes, gear restrictions (rang- [61 FR 34934, July 3, 1996, as amended at 61 ing from regulation to complete prohi- FR 43960, Aug. 27, 1996; 62 FR 13988, Mar. 25, bition), seasonal or area closures, defi- 1997; 62 FR 18539, Apr. 16, 1997; 63 FR 10569, Mar. 4, 1998; 63 FR 18144, Apr. 14, 1998; 64 FR nitions of essential fish habitat, essen- 36781, July 8, 1999; 65 FR 31835, May 19, 2000; tial fish habitat, essential fish habitat 65 FR 37296, June 14, 2000; 65 FR 51253, Aug. HAPCs or Coral HAPCs, and restric- 23, 2000; 67 FR 22362, May 3, 2002] tions on gear and fishing activities ap- plicable in essential fish habitat and APPENDIX A TO PART 622—SPECIES essential fish habitat HAPCs. TABLES (g) South Atlantic golden crab. Bio- TABLE 1 OF APPENDIX A TO PART 622— mass levels, age-structured analyses, CARIBBEAN CORAL REEF RESOURCES MSY, ABC, TAC, quotas (including I. Sponges—Phylum Porifera quotas equal to zero), trip limits, min- A. Demosponges—Class Demospongiae imum sizes, gear regulations and re- Aphimedon compressa, Erect rope sponge strictions, permit requirements, sea- Chondrilla nucula, Chicken liver sponge sonal or area closures, sub-zones and Cynachirella alloclada their management measures, time Geodia neptuni, Potato sponge frame for recovery of golden crab if Haliclona sp., Finger sponge Myriastra sp. overfished, fishing year (adjustment Niphates digitalis, Pink vase sponge not to exceed 2 months), observer re- N. erecta, Lavender rope sponge quirements, authority for the RA to Spinosella policifera close the fishery when a quota is S. vaginalis reached or is projected to be reached, Tethya crypta definitions of essential fish habitat, II. Coelenterates—Phylum Coelenterata and essential fish habitat HAPCs or A. Hydrocorals—Class Hydrozoa 1. Hydroids—Order Athecatae Coral HAPCs. Family Milleporidae (h) South Atlantic shrimp. Biomass Millepora spp., Fire corals levels, age-structured analyses, BRD Family Stylasteridae certification criteria, BRD specifica- Stylaster roseus, Rose lace corals tions, BRD testing protocol, certified B. Anthozoans—Class Anthozoa BRDs, nets required to use BRDs, times 1. Soft corals—Order Alcyonacea Family Anthothelidae and locations when the use of BRDs is Erythropodium caribaeorum, Encrusting required, definitions of essential fish gorgonian habitat, and essential fish habitat Iciligorgia schrammi, Deepwater sea fan HAPCs or Coral HAPCs. Family Briaridae

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Briareum asbestinum, Corky sea finger D. labyrinthiformis, Grooved brain Family Clavulariidae D. strigosa, Symmetrical brain Carijoa riisei Favia fragum, Golfball coral Telesto spp. Manicina areolata, Rose coral 2. Gorgonian corals—Order Gorgonacea M. mayori, Tortugas rose coral Family Ellisellidae Montastrea annularis, Boulder star coral Ellisella spp., Sea whips M. cavernosa, Great star coral Family Gorgoniidae Solenastrea bournoni, Smooth star coral Gorgonia flabellum, Venus sea fan Family Meandrinidae G. mariae, Wide-mesh sea fan Dendrogyra cylindrus, Pillar coral G. ventalina, Common sea fan Dichocoenia stellaris, Pancake star Pseudopterogorgia acerosa, Sea plume D. stokesi, Elliptical star P. albatrossae Meandrina meandrites, Maze coral P. americana, Slimy sea plume Family Mussidae P. bipinnata, Bipinnate plume Isophyllastrea rigida, Rough star coral P. rigida Isophyllia sinuosa, Sinuous cactus Pterogorgia anceps, Angular sea whip Mussa angulosa, Large flower coral P. citrina, Yellow sea whip Mycetophyllia aliciae, Thin fungus coral Family Plexauridae M. danae, Fat fungus coral Eunicea calyculata, Warty sea rod M. ferox, Grooved fungus E. clavigera M. lamarckiana, Fungus coral E. fusca, Doughnut sea rod Scolymia cubensis, Artichoke coral E. knighti S. lacera, Solitary disk E. laciniata Family Oculinidae E. laxispica Oculina diffusa, Ivory bush coral E. mammosa, Swollen-knob Family Pocilloporidae E. succinea, Shelf-knob sea rod Madracis decactis, Ten-ray star coral E. touneforti M. mirabilis, Yellow pencil Muricea atlantica Family Poritidae M. elongata, Orange spiny rod Porites astreoides, Mustard hill coral M. laxa, Delicate spiny rod P. branneri, Blue crust coral M. muricata, Spiny sea fan P. divaricata, Small finger coral M. pinnata, Long spine sea fan P. porites, Finger coral Muriceopsis sp. Family Rhizangiidae M. flavida, Rough sea plume Astrangia solitaria, Dwarf cup coral M. sulphurea Phyllangia americana, Hidden cup coral Plexaura flexuosa, Bent sea rod Family Siderastreidae P. homomalla, Black sea rod Siderastrea radians, Lesser starlet Plexaurella dichotoma, Slit-pore sea rod S. siderea, Massive starlet P. fusifera 4. Black Corals—Order Antipatharia P. grandiflora Antipathes spp., Bushy black coral P. grisea Stichopathes spp., Wire coral P. nutans, Giant slit-pore 5. Anemones—Order Actiniaria Pseudoplexaura crucis Aiptasia tagetes, Pale anemone P. flagellosa Bartholomea annulata, Corkscrew anemone P. porosa, Porous sea rod Condylactis gigantea, Giant pink-tipped P. wagenaari anemone 3. Hard Corals—Order Scleractinia Hereractis lucida, Knobby anemone Family Acroporidae Lebrunia spp., Staghorn anemone Acropora cervicornis, Staghorn coral Stichodactyla helianthus, Sun anemone A. palmata, Elkhorn coral 6. Colonial Anemones—Order Zoanthidea A. prolifera, Fused staghorn Zoanthus spp., Sea mat Family Agaricidae 7. False Corals—Order Corallimorpharia Agaricia agaricities, Lettuce leaf coral Discosoma spp. (formerly Rhodactis), False A. fragilis, Fragile saucer coral A. lamarcki, Lamarck’s sheet Ricordia florida, Florida false coral A. tenuifolia, Thin leaf lettuce III. Annelid Worms—Phylum Annelida Leptoseris cucullata, Sunray lettuce A. Polychaetes—Class Polychaeta Family Astrocoeniidae Family Sabellidae, Feather duster worms Stephanocoenia michelinii, Blushing star Sabellastarte spp., Tube worms Family Caryophyllidae S. magnifica, Magnificent duster Eusmilia fastigiata, Flower coral Family Serpulidae Tubastrea aurea, Cup coral Spirobranchus giganteus, Christmas tree Family Faviidae worm Cladocora arbuscula, Tube coral IV. Mollusks—Phylum Mollusca Colpophyllia natans, Boulder coral A. Gastropods—Class Gastropoda Diploria clivosa, Knobby brain coral Family Elysiidae

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Tridachia crispata, Lettuce sea slug Eucidaris tribuloides, Pencil urchin Family Olividae Lytechinus spp., Pin cushion urchin Oliva reticularis, Netted olive Tripneustes ventricosus, Sea egg Family Ovulidae E. Sea Cucumbers—Class Holothuroidea Cyphoma gibbosum, Flamingo tongue Holothuria spp., Sea cucumbers Family Ranellidae VIII. Chordates—Phylum Chordata Charonia tritonis, Atlantic triton trumpet A. Tunicates—Subphylum Urochordata Family Strombidae, Winged conchs IX. Green Algae—Phylum Chlorophyta Strombus spp. (except Queen conch, S. gigas) Caulerpa spp., Green grape algae B. Bivalves—Class Bivalvia Halimeda spp., Watercress algae Family Limidae Penicillus spp., Neptune’s brush Lima spp., Fileclams Udotea spp., Mermaid’s fan L. scabra, Rough fileclam Ventricaria ventricosa, Sea pearls Family Spondylidae X. Red Algae—Phylum Rhodophyta Spondylus americanus, Atlantic thorny oys- XI. Sea grasses—Phylum Angiospermae ter Halodule wrightii, Shoal grass C. Cephalopods—Class Cephalopoda Halophila spp., Sea vines 1. Octopuses—Order Octopoda Ruppia maritima, Widgeon grass Family Octopodidae Syringodium filiforme, Manatee grass Octopus spp. (except the Common octopus, Thalassia testudium, Turtle grass O. vulgaris) V. Arthropods—Phylum Arthropoda TABLE 2 OF APPENDIX A TO PART 622— A. Crustaceans—Subphylum Crustacea CARIBBEAN REEF FISH 1. Decapods—Order Decapoda Acanthuridae—Surgeonfishes Family Alpheidae Ocean surgeonfish, Acanthurus bahianus Alpheaus armatus, Snapping shrimp Doctorfish, Acanthurus chirurgus Family Diogenidae Blue tang, Acanthurus coeruleus Paguristes spp., Hermit crabs Antennariidae—Frogfishes P. cadenati, Red reef hermit Frogfish, Antennarius spp. Family Grapsidae Apogonidae—Cardinalfishes Percnon gibbesi, Nimble spray crab Flamefish, Apogon maculatus Family Hippolytidae Conchfish, Astrapogen stellatus Lysmata spp., Peppermint shrimp Aulostomidae—Trumpetfishes Thor amboinensis, Anemone shrimp Trumpetfish, Aulostomus maculatus Family Majidae, Coral crabs Balistidae—Leatherjackets Mithrax spp., Clinging crabs Scrawled filefish, Aluterus scriptus M. cinctimanus, Banded clinging Queen triggerfish, Balistes vetula M. sculptus, Green clinging Whitespotted filefish, Cantherhines Stenorhynchus seticornis, Yellowline arrow macrocerus Family Palaemonida Ocean triggerfish, Canthidermis sufflamen Periclimenes spp., Cleaner shrimp Black durgon, Melichthys niger Family Squillidae, Mantis crabs Sargassum triggerfish, Xanthichthys rigens Gonodactylus spp. Blenniidae—Combtooth blennies Lysiosquilla spp. Redlip blenny, Ophioblennius atlanticus Family Stenopodidae, Coral shrimp Bothidae—Lefteye flounders Stenopus hispidus, Banded shrimp Peacock flounder, Bothus lunatus S. scutellatus, Golden shrimp Carangidae—Jacks VI. Bryozoans—Phylum Bryozoa Yellow jack, Caranx bartholomaei VII. Echinoderms—Phylum Echinodermata Blue runner, Caranx crysos A. Feather stars—Class Crinoidea Horse-eye jack, Caranx latus Analcidometra armata, Swimming crinoid Black jack, Caranx lugubris Davidaster spp., Crinoids Bar jack, Caranx ruber Nemaster spp., Crinoids Greater amberjack, Seriola dumerili B. Sea stars—Class Asteroidea Almaco jack, Seriola rivoliana Astropecten spp., Sand stars Chaetodontidae—Butterflyfishes Linckia guildingii, Common comet star Longsnout butterflyfish, Chaetodon Ophidiaster guildingii, Comet star aculeatus Oreaster reticulatus, Cushion sea star Foureye butterflyfish, Chaetodon C. Brittle and basket stars—Class capistratus Ophiuroidea Spotfin butterflyfish, Chaetodon ocellatus Astrophyton muricatum, Giant basket star Banded butterflyfish, Chaetodon striatus Ophiocoma spp., Brittlestars Cirrhitidae—Hawkfishes Ophioderma spp., Brittlestars Redspotted hawkfish, Amblycirrhitus pinos O. rubicundum, Ruby brittlestar Dactylopteridae—Flying gurnards D. Sea Urchins—Class Echinoidea Flying gurnard, Dactylopterus volitans Diadema antillarum, Long-spined urchin Ephippidae—Spadefishes Echinometra spp., Purple urchin Atlantic spadefish, Chaetodipterus faber

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Gobiidae—Gobies Pomacanthidae—Angelfishes Neon goby, Gobiosoma oceanops Cherubfish, Centropyge argi Rusty goby, Priolepis hipoliti Queen angelfish, Holacanthus ciliaris Grammatidae—Basslets Rock beauty, Holacanthus tricolor Royal gramma, Gramma loreto Gray angelfish, Pomacanthus arcuatus Haemulidae—Grunts French angelfish, Pomacanthus paru Porkfish, Anisotremus virginicus Pomacentridae—Damselfishes Margate, Haemulon album Sergeant major, Abudefduf saxatilis Tomtate, Haemulon aurolineatum Blue chromis, Chromis cyanea French grunt, Haemulon flavolineatum Sunshinefish, Chromis insolata White grunt, Haemulon plumieri Yellowtail damselfish, Microspathodon Bluestriped grunt, Haemulon sciurus chrysurus Holocentridae—Squirrelfishes Dusky damselfish, Pomacentrus fuscus Squirrelfish, Holocentrus adscensionis Beaugregory, Pomacentrus leucostictus Longspine squirrelfish, Holocentrus rufus Bicolor damselfish, Pomacentrus partitus Blackbar soldierfish, Myripristis jacobus Threespot damselfish, Pomacentrus Cardinal soldierfish, Plectrypops retrospinis planifrons Labridae—Wrasses Priacanthidae—Bigeyes Spanish hogfish, Bodianus rufus Bigeye, Priacanthus arenatus Creole wrasse, Clepticus parrae Glasseye snapper, Priacanthus cruentatus Yellowcheek wrasse, Halichoeres Scaridae—Parrotfishes cyanocephalus Midnight parrotfish, Scarus coelestinus Yellowhead wrasse, Halichoeres garnoti Blue parrotfish, Scarus coeruleus Clown wrasse, Halichoeres maculipinna Striped parrotfish, Scarus croicensis Puddingwife, Halichoeres radiatus Rainbow parrotfish, Scarus guacamaia Pearly razorfish, Hemipteronotus novacula Princess parrotfish, Scarus taeniopterus Green razorfish, Hemipteronotus splendens Queen parrotfish, Scarus vetula Hogfish, Lachnolaimus maximus Redband parrotfish, Sparisoma Bluehead wrasse, Thalassoma bifasciatum aurofrenatum Lutjanidae—Snappers Redtail parrotfish, Sparisoma chrysopterum Black snapper, Apsilus dentatus Redfin parrotfish, Sparisoma rubripinne Queen snapper, Etelis oculatus Stoplight parrotfish, Sparisoma viride Mutton snapper, Lutjanus analis Sciaenidae—Drums Schoolmaster, Lutjanus apodus High-hat, Equetus acuminatus Blackfin snapper, Lutjanus buccanella Jackknife-fish, Equetus lanceolatus Gray snapper, Lutjanus griseus Spotted drum, Equetus punctatus Dog snapper, Lutjanus jocu Scorpaenidae—Scorpionfishes Mahogany snapper, Lutjanus mahogani Serranidae—Sea basses Lane snapper, Lutjanus synagris Rock hind, Epinephelus adscensionis Silk snapper, Lutjanus vivanus Graysby, Epinephelus cruentatus Yellowtail snapper, Ocyurus chrysurus Yellowedge grouper, Epinephelus Wenchman, Pristipomoides aquilonaris flavolimbatus Vermilion snapper, Rhomboplites aurorubens Coney, Epinephelus fulvus Malacanthidae—Tilefishes Red hind, Epinephelus guttatus Blackline tilefish, Caulolatilus cyanops Jewfish, Epinephelus itajara Sand tilefish, Malacanthus plumieri Red grouper, Epinephelus morio Mullidae—Goatfishes Misty grouper, Epinephelus mystacinus Yellow goatfish, Mulloidichthys martinicus Nassau Grouper, Epinephelus striatus Spotted goatfish, Pseudupeneus maculatus Butter hamlet, Hypoplectrus unicolor Muraenidae—Morays Swissguard basslet, Liopropoma rubre Chain moray, Echidna catenata Yellowfin grouper, Mycteroperca venenosa Green moray, Gymnothorax funebris Tiger grouper, Mycteroperca tigris Goldentail moray, Gymnothorax miliaris Creole-fish, Paranthias furcifer Ogcocephalidae—Batfishes Greater soapfish, Rypticus saponaceus Batfish, Ogcocepahalus spp. Orangeback bass, Serranus annularis Ophichthidae—Snake eels Lantern bass, Serranus baldwini Goldspotted eel, Myrichthys ocellatus Tobaccofish, Serranus tabacarius Opistognathidae—Jawfishes Harlequin bass, Serranus tigrinus Yellowhead jawfish, Opistognathus Chalk bass, Serranus tortugarum aurifrons Soleidae—Soles Dusky jawfish, Opistognathus whitehursti Caribbean tonguefish, Symphurus arawak Ostraciidae—Boxfishes Sparidae—Porgies Spotted trunkfish, Lactophrys bicaudalis Sea bream, Archosargus rhomboidalis Honeycomb cowfish, Lactophrys polygonia Jolthead porgy, Calamus bajonado Scrawled cowfish, Lactophrys quadricornis Sheepshead porgy, Calamus penna Trunkfish, Lactophrys trigonus Pluma, Calamus pennatula Smooth trunkfish, Lactophrys triqueter Syngnathidae—Pipefishes

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Seahorses, Hippocampus spp. Ocean triggerfish, Canthidermis sufflamen Pipefishes, Syngnathus spp. Carangidae—Jacks Synodontidae—Lizardfishes Yellow jack, Caranx bartholomaei Sand diver, Synodus intermedius Blue runner, Caranx crysos Tetraodontidae—Puffers Crevalle jack, Caranx hippos Sharpnose puffer, Canthigaster rostrata Bar jack, Caranx ruber Porcupinefish, Diodon hystrix Greater amberjack, Seriola dumerili Lesser amberjack, Seriola fasciata TABLE 3 OF APPENDIX A TO PART 622—GULF Almaco jack, Seriola rivoliana REEF FISH Banded rudderfish, Seriola zonata Balistidae—Triggerfishes Ephippidae—Spadefishes Gray triggerfish, Balistes capriscus Spadefish, Chaetodipterus faber Carangidae—Jacks Haemulidae—Grunts Greater amberjack, Seriola dumerili Black margate, Anisotremus surinamensis Lesser amberjack, Seriola fasciata Porkfish, Anisotremus virginicus Almaco jack, Seriola rivoliana Margate, Haemulon album Banded rudderfish, Seriola zonata Tomtate, Haemulon aurolineatum Labridae—Wrasses Smallmouth grunt, Haemulon Hogfish, Lachnolaimus maximus chrysargyreum Lutjanidae—Snappers French grunt, Haemulon flavolineatum Queen snapper, Etelis oculatus Spanish grunt, Haemulon macrostomum Mutton snapper, Lutjanus analis Cottonwick, Haemulon melanurum Schoolmaster, Lutjanus apodus Sailors choice, Haemulon parrai Blackfin snapper, Lutjanus buccanella White grunt, Haemulon plumieri Red snapper, Lutjanus campechanus Blue stripe grunt, Haemulon sciurus Cubera snapper, Lutjanus cyanopterus Labridae—Wrasses Hogfish, Gray (mangrove) snapper, Lutjanus griseus Lachnolaimus maximus Puddingwife, Halichoeres radiatus Dog snapper, Lutjanus jocu Lutjanidae—Snappers Mahogany snapper, Lutjanus mahogoni Black snapper, Apsilus dentatus Lane snapper, Lutjanus synagris Queen snapper, Etelis oculatus Silk snapper, Lutjanus vivanus Mutton snapper, Lutjanus analis Yellowtail snapper, Ocyurus chrysurus Schoolmaster, Lutjanus apodus Wenchman, Pristipomoides aquilonaris Blackfin snapper, Lutjanus buccanella Vermilion snapper, Rhomboplites aurorubens Red snapper, Lutjanus campechanus Malacanthidae—Tilefishes Cubera snapper, Lutjanus cyanopterus Goldface tilefish, Caulolatilus chrysops Gray snapper, Lutjanus griseus Blackline tilefish, Caulolatilus cyanops Mahogany snapper, Lutjanus mahogoni Anchor tilefish, Caulolatilus intermedius Dog snapper, Lutjanus jocu Blueline tilefish, Caulolatilus microps Lane snapper, Lutjanus synagris Tilefish, Lopholatilus chamaeleonticeps Silk snapper, Lutjanus vivanus Serranidae—Groupers Yellowtail snapper, Ocyurus chrysurus Dwarf sand perch, Diplectrum bivittatum Vermilion snapper, Rhomboplites aurorubens Sand perch, Diplectrum formosum Malacanthidae—Tilefishes Rock hind, Epinephelus adscensionis Blueline tilefish, Caulolatilus microps Speckled hind, Epinephelus drummondhayi Golden tilefish, Lopholatilus Yellowedge grouper, Epinephelus chamaeleonticeps flavolimbatus Sand tilefish, Malacanthus plumieri Red hind, Epinephelus guttatus Percichthyidae—Temperate basses Jewfish, Epinephelus itajara Wreckfish, Polyprion americanus Red grouper, Epinephelus morio Serranidae—Sea Basses and Groupers Misty grouper, Epinephelus mystacinus Bank sea bass, Centropristis ocyurus Warsaw grouper, Epinephelus nigritus Rock sea bass, Centropristis philadelphica Snowy grouper, Epinephelus niveatus Black sea bass, Centropristis striata Nassau grouper, Epinephelus striatus Rock hind, Epinephelus adscensionis Black grouper, Mycteroperca bonaci Graysby, Epinephelus cruentatus Yellowmouth grouper, Mycteroperca Speckled hind, Epinephelus drummondhayi interstitialis Yellowedge grouper, Epinephelus Gag, Mycteroperca microlepis flavolimbatus Scamp, Mycteroperca phenax Coney, Epinephelus fulvus Yellowfin grouper, Mycteroperca venenosa Red hind, Epinephelus guttatus Jewfish, Epinephelus itajara TABLE 4 OF APPENDIX A TO PART 622—SOUTH Red grouper, Epinephelus morio ATLANTIC SNAPPER-GROUPER Misty grouper, Epinephelus mystacinus Balistidae—Triggerfishes Warsaw grouper, Epinephelus nigritus Gray triggerfish, Balistes capriscus Snowy grouper, Epinephelus niveatus Queen triggerfish, Balistes vetula Nassau grouper, Epinephelus striatus

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Black grouper, Mycteroperca bonaci Saucereye porgy, Calamus calamus Yellowmouth grouper, Mycteroperca Whitebone porgy, Calamus leucosteus interstitialis Knobbed porgy, Calamus nodosus Gag, Mycteroperca microlepis Red porgy, Pagrus pagrus Scamp, Mycteroperca phenax Longspine porgy, Stenotomus caprinus Tiger grouper, Mycteroperca tigris Scup, Stenotomus chrysops Yellowfin grouper, Mycteroperca venenosa [61 FR 34934, July 3, 1996, as amended at 62 Sparidae—Porgies FR 13988, Mar. 25, 1997; 62 FR 67723, Dec. 30, Sheepshead, Archosargus probatocephalus 1997; 64 FR 57404, Oct. 25, 1999] Grass porgy, Calamus arctifrons Jolthead porgy, Calamus bajonado 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°48.0′ 82°48.0′ 2 North of Rebecca Shoal ...... 25°07.5′ 82°34.0′ 3 Off Sanibel Island—Offshore ...... 26°26.0′ 82°59.0′ 4 West of Egmont Key ...... 27°30.0′ 83°21.5′ 5 Off Anclote Keys—Offshore ...... 28°10.0′ 83°45.0′ 6 Southeast corner of Florida Middle Ground ...... 28°11.0′ 84°00.0′ 7 Southwest corner of Florida Middle Ground ...... 28°11.0′ 84°07.0′ 8 West corner of Florida Middle Ground ...... 28°26.6′ 84°24.8′ 9 Northwest corner of Florida Middle Ground ...... 28°42.5′ 84°24.8′ 10 South of Carrabelle ...... 29°05.0′ 84°47.0′ 11 South of Cape St. George ...... 29°02.5′ 85°09.0′ 12 South of Cape San Blas lighted bell buoy—20 fathoms ...... 29°21.0′ 85°30.0′ 13 South of Cape San Blas lighted bell buoy—50 fathoms ...... 28°58.7′ 85°30.0′ 14 De Soto Canyon ...... 30°06.0′ 86°55.0′ 15 South of Pensacola ...... 29°46.0′ 87°19.0′ 16 South of Perdido Bay ...... 29°29.0′ 87°27.5′ 17 East of North Pass of the Mississippi River ...... 29°14.5′ 88°28.0′ 18 South of Southwest Pass of the Mississippi River ...... 28°46.5′ 89°26.0′ 19 Northwest tip of Mississippi Canyon ...... 28°38.5′ 90°08.5′ 20 West side of Mississippi Canyon ...... 28°34.5′ 89°59.5′ 21 South of Timbalier Bay ...... 28°22.5′ 90°02.5′ 22 South of Terrebonne Bay ...... 28°10.5′ 90°31.5′ 23 South of Freeport ...... 27°58.0′ 95°00.0′ 24 Off Matagorda Island ...... 27°43.0′ 96°02.0′ 25 Off Aransas Pass ...... 27°30.0′ 96°23.5′ 26 Northeast of Port Mansfield ...... 27°00.0′ 96°39.0′ 27 East of Port Mansfield ...... 26°44.0′ 96°37.5′ 28 Northeast of Port Isabel ...... 26°22.0′ 96°21.0′ 29 U.S./Mexico EEZ boundary ...... 26°00.5′ 96°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°45.5′ 82°41.5′ 2 North of Marquesas Keys ...... 24°48.0′ 82°06.5′ 3 Off Cape Sable ...... 25°15.0′ 82°02.0′ 4 Off Sanibel Island—Inshore ...... 26°26.0′ 82°29.0′ 5 Off Sanibel Island—Offshore ...... 26°26.0′ 82°59.0′ 6 West of Egmont Key ...... 27°30.0′ 83°21.5′ 7 Off Anclote Keys—Offshore ...... 28°10.0′ 83°45.0′ 8 Off Anclote Keys—Inshore ...... 28°10.0′ 83°14.0′ 9 Off Deadman Bay ...... 29°38.0′ 84°00.0′ 10 Seaward limit of Florida’s waters east of Cape St. George ...... 29°35.5′ 84°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°32.2′ 85°27.1′ 12 Southwest of Cape San Blas ...... 29°30.5′ 85°52.0′ 13 Off St. Andrew Bay ...... 29°53.0′ 86°10.0′ 14 De Soto Canyon ...... 30°06.0′ 86°55.0′ 15 South of Florida/Alabama border ...... 29°34.5′ 87°38.0′ 16 Off Mobile Bay ...... 29°41.0′ 88°00.0′ 17 South of Alabama/Mississippi border ...... 30°01.5′ 88°23.7′ 18 Horn/Chandeleur Islands ...... 30°01.5′ 88°40.5′ 19 Chandeleur Islands ...... 29°35.5′ 88°37.0′

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TABLE 2 OF APPENDIX B TO PART 622—SEAWARD COORDINATES OF THE STRESSED AREA— Continued

Point No. and reference location 1 North lat. West long.

20 Seaward limit of Louisiana’s waters off North Pass of the Mississippi River ...... 29°16.3′ 89°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°57.3′ 89°28.2′ 22 Southeast of Grand Isle ...... 29°09.0′ 89°47.0′ 23 Quick flashing horn buoy south of Isles Dernieres ...... 28°32.5′ 90°42.0′ 24 Southeast of Calcasieu Pass ...... 29°10.0′ 92°37.0′ 25 South of Sabine Pass—10 fathoms ...... 29°09.0′ 93°41.0′ 26 South of Sabine Pass—30 fathoms ...... 28°21.5′ 93°28.0′ 27 East of Aransas Pass ...... 27°49.0′ 96°19.5′ 28 East of Baffin Bay ...... 27°12.0′ 96°51.0′ 29 Northeast of Port Mansfield ...... 26°46.5′ 96°52.0′ 30 Northeast of Port Isabel ...... 26°21.5′ 96°35.0′ 31 U.S./Mexico EEZ boundary ...... 26°00.5′ 96°36.0′ Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of Texas’ wa- ters. 1 Nearest identifiable landfall, boundary, navigational aid, or submarine area.

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APPENDIX C TO PART 622—FISH LENGTH MEASUREMENTS

FIGURE 1 OF APPENDIX C TO PART 622—CARAPACE LENGTH

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FIGURE 2 OF APPENDIX C TO PART 622—ILLUSTRATION OF LENGTH MEASUREMENTS

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

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APPENDIX D TO PART 622— (d) Semi-Rigid Hoop. A 30-inch (76.2-cm) di- SPECIFICATIONS FOR CERTIFIED BRDS ameter hoop constructed of plastic-coated trawl cable, swaged together with a 3⁄8-inch A. Extended Funnel. (9.53-mm) micropress sleeve, is installed five 1. Description. The extended funnel BRD meshes behind the trailing edge of the large- consists of an extension with large-mesh mesh escape section. The extension webbing webbing in the center (the large-mesh escape must be laced to the ring around the entire section) and small-mesh webbing on each end circumference and must be equally distrib- held open by a semi-rigid hoop. A funnel of uted on the hoop, that is, 30 meshes must be small-mesh webbing is placed inside the ex- evenly attached to each quadrant. tension to form a passage for shrimp to the (e) Installation. The extended funnel BRD is codend. It also creates an area of reduced attached 8 inches (20.3 cm) behind the pos- water flow to allow for fish escapement terior edge of the TED. If it is attached be- through the large mesh. One side of the fun- hind a soft TED, a second semi-rigid hoop, as nel is extended vertically to form a lead prescribed in paragraph A.2.(d), must be in- panel and area of reduced water flow. There stalled in the front section of the BRD exten- are two sizes of extended funnel BRDs, a sion webbing at the leading edge of the fun- standard size and an inshore size for small nel. The codend of the trawl net is attached trawls. to the trailing edge of the BRD. 2. Minimum Construction and Installation Re- 3. Minimum Construction and Installation Re- quirements for Standard Size. quirements for Inshore Size. (a) Extension Material. The small-mesh sec- (a) Extension Material. The small-mesh sec- tions used on both sides of the large-mesh es- tions used on both sides of the large-mesh es- 3 cape section are constructed of 15⁄8 inch (4.13 cape section are constructed of 1 ⁄8 inch (3.5 cm), No. 30 stretched mesh, nylon webbing. cm), No. 18 stretched mesh, nylon webbing. 1 The front section is 120 meshes around by 61⁄2 The front section is 120 meshes around by 6 ⁄2 meshes deep. The back section is 120 meshes meshes deep. The back section is 120 meshes around by 23 meshes deep. around by 23 meshes deep. (b) Large-Mesh Escape Section. The large- (b) Large-Mesh Escape Section. The large- mesh escape section is constructed of 8 to 10 mesh escape section is constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, web- inch (20.3 to 25.4 cm), stretched mesh, web- bing. This section is cut on the bar to form bing. This section is cut on the bar to form a section that is 15 inches (38.1 cm) in length a section that is 15 inches (38.1 cm) by 75 by 95 inches (241.3 cm) in circumference. The inches (190.5 cm) in circumference. The lead- leading edge is attached to the 61⁄2-mesh ex- ing edge is attached to the 61⁄2-mesh exten- tension section and the rear edge is attached sion section and the rear edge is attached to to the 23-mesh extension section. the 23-mesh extension section. (c) Funnel. The funnel is constructed of 11⁄2 (c) Funnel. The funnel is constructed of 13⁄8 inch (3.81 cm), stretched mesh, No. 30 depth- inch (3.5 cm), stretched mesh, No. 18 depth- stretched and heat-set polyethylene webbing. stretched and heat-set polyethylene webbing. The circumference of the leading edge is 120 The circumference of the leading edge is 120 meshes and the back edge is 78 meshes. The meshes and the back edge is 78 meshes. The short side of the funnel is 34 to 36 inches (86.4 short side of the funnel is 30 to 32 inches (76.2 to 91.4 cm) long and the opposite side of the to 81.3 cm) long and the opposite side of the funnel extends an additional 22 to 24 inches funnel extends an additional 20 to 22 inches (55.9 to 61.0 cm). The circumference of the (50.8 to 55.9 cm). The circumference of the leading edge of the funnel is attached to the leading edge of the funnel is attached to the forward small-mesh section three meshes forward small-mesh section three meshes forward of the large-mesh escape section and forward of the large-mesh escape section and is evenly sewn, mesh for mesh, to the small- is evenly sewn, mesh for mesh, to the small- mesh section. The after edge of the funnel is mesh section. The after edge of the funnel is attached to the after small-mesh section at attached to the after small-mesh section at its top and bottom eight meshes back from its top and bottom eight meshes back from the large-mesh escape panel. Seven meshes the large-mesh escape panel. Seven meshes of the top and seven meshes of the bottom of of the top and seven meshes of the bottom of the funnel are attached to eight meshes at the funnel are attached to eight meshes at the top and bottom of the small-mesh sec- the top and bottom of the small-mesh sec- tion, such eight meshes being located imme- tion, such eight meshes being located imme- diately adjacent to the top and bottom cen- diately adjacent to the top and bottom cen- ters of the small-mesh section on the side of ters of the small-mesh section on the side of the funnel’s extended side. The extended side the funnel’s extended side. The extended side of the funnel is sewn at its top and bottom to of the funnel is sewn at its top and bottom to the top and bottom of the small-mesh sec- the top and bottom of the small-mesh sec- tion, extending at an angle toward the top tion, extending at an angle toward the top and bottom centers of the small-mesh sec- and bottom centers of the small-mesh sec- tion. tion.

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(d) Semi-Rigid Hoop. A 24-inch (61.0-cm) di- opening must be at least 5.0 inches (12.7 cm), ameter hoop constructed of plastic-coated and the total escape opening area must be at trawl cable, swaged together with a 3⁄8-inch least 36.0 in2 (232.3 cm2). The Gulf fisheye (9.53-mm) micropress sleeve, is installed five must be installed in the codend of the trawl meshes behind the trailing edge of the large to create an escape opening in the trawl, fac- mesh section. The extension webbing must ing in the direction of the mouth of the be laced to the ring around the entire cir- trawl, no further forward than 12.5 ft (3.81 m) cumference and must be equally distributed and no less than 8.5 ft (2.59 m) from the on the hoop, that is, 30 meshes must be even- codend tie-off rings. When installed in this ly attached to each quadrant. position, no part of the lazy line attachment (e) Installation. The extended funnel BRD is system (i.e., any mechanism, such as ele- attached 8 inches (20.3 cm) behind the pos- phant ears or choker straps, used to attach terior edge of the TED. If it is attached be- the lazy line to the codend) may overlap the hind a soft TED, a second semi-rigid hoop, as fisheye escape opening when the fisheye is prescribed in paragraph A.3.(d), must be in- installed aft of the attachment point of the stalled in the front section of the BRD exten- codend retrieval system. The Gulf fisheye sion webbing at the leading edge of the fun- may not be offset more than 15 meshes per- nel. The codend of the trawl net is attached pendicular to the top center of the codend. to the trailing edge of the BRD. E. Jones-Davis. B. Expanded Mesh. The expanded mesh 1. Description. The Jones-Davis BRD is BRD is constructed and installed exactly the similar to the expanded mesh and the ex- same as the standard size extended funnel tended funnel BRDs except that the fish es- BRD, except that one side of the funnel is cape openings are windows cut around the not extended to form a lead panel. funnel rather than large-mesh sections. In C. Fisheye. addition, a webbing cone fish deflector is in- 1. Description. The fisheye BRD is a cone- stalled behind the funnel. shaped rigid frame constructed from alu- 2. Minimum Construction and Installation Re- minum or steel rod of at least 1⁄4 inch diame- quirements. The Jones-Davis BRD must con- ter, which is inserted into the codend to tain all of the following. form an escape opening. Fisheyes of several (a) Webbing extension. The webbing exten- different shapes and sizes have been tested in sion must be constructed from a single piece different positions in the codend. of 15⁄8-inch (3.5-cm) stretch mesh number 30 2. Minimum Construction and Installation Re- nylon 42 meshes by 120 meshes. A tube is quirements. The fisheye has a minimum open- formed from the extension webbing by sew- ing dimension of 5 inches (12.7 cm) and a ing the 42-mesh side together. minimum total opening area of 36 square (b) 28-inch (71.1-cm) cable hoop. A single inches (91.4 square cm). The fisheye must be hoop must be constructed of 1⁄2-inch (1.3-cm) installed at the top center of the codend of steel cable 88 inches (223.5 cm) in length. The the trawl to create an opening in the trawl cable must be joined at its ends by a 3-inch facing in the direction of the mouth of the (7.6-cm) piece of 1⁄2-inch (1.3-cm) aluminum trawl no further forward than 11 ft (3.4 m) pipe and pressed with a 3⁄8-inch (0.95-cm) die from the codend drawstring (tie-off rings) or to form a hoop. The inside diameter of this 70 percent of the distance between the hoop must be between 27 and 29 inches (68.6 codend drawstring and the forward edge of and 73.7 cm). The hoop must be attached to the codend, excluding any extension, which- the extension webbing 171⁄2 meshes behind ever is the shorter distance. In the Gulf EEZ the leading edge. The extension webbing only, when the fisheye BRD is installed in must be quartered and attached in four this position, no part of the lazy line attach- places around the hoop, and every other ment system (i.e., any mechanism, such as mesh must be attached all the way around elephant ears or choker straps, used to at- the hoop using number 24 twine or larger. tach the lazy line to the codend) may overlap The hoop must be laced with 3⁄8-inch (0.95- the fisheye escape opening when the fisheye cm) polypropylene or polyethylene rope for is installed aft of the attachment point of chaffing. the codend retrieval system. (c) 24-inch (61.0-cm) hoop. A single hoop D. Gulf fisheye. must be constructed of either number 60 1. Description. The Gulf fisheye BRD is a twine 80 inches (203.2 cm) in length or 3⁄8-inch cone-shaped rigid frame constructed from (0.95-cm) steel cable 751⁄2 inches (191.8 cm) in aluminum or steel that is inserted into the length. If twine is used, the twine must be top center of the codend, or is offset not laced in and out of the extension webbing 39 more than 15 meshes perpendicular to the meshes behind the leading edge, and the ends top center of the codend, to form an escape must be tied together. If cable is used, the opening. cable must be joined at its ends by a 3-inch 2. Minimum Construction and Installation Re- (7.6-cm) piece of 3⁄8-inch (0.95-cm) aluminum quirements. The Gulf fisheye is a cone-shaped pipe and pressed together with a 1⁄4-inch rigid frame constructed of aluminum or steel (0.64-cm) die to form a hoop. The inside di- rods. The rods must be at least 1⁄4-inch (6.35- ameter of this hoop must be between 23 and mm) diameter. Any dimension of the escape 25 inches (58.4 and 63.4 cm). The hoop must be

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attached to the extension webbing 39 meshes bing to form the v-shape of the funnel. Min- behind the leading edge. The extension web- imum requirements applicable to this meth- bing must be quartered and attached in four od include: (1) The funnel’s top and bottom places around the hoop, and every other back edges must be attached one mesh be- mesh must be attached all the way around hind the 28-inch (71.1-cm) cable hoop (front the hoop using number 24 twine or larger. hoop); (2) clearance between the side of the The hoop must be laced with 3⁄8-inch (0.95- funnel and the 28-inch (71.1-cm) cable hoop cm) polypropylene or polyethylene rope for (front hoop) must be at least 6 inches (15.2 chaffing. cm) when measured in the hanging position; (d) Funnel. The funnel must be constructed (3) the leading edge of the escape opening from four sections of 11⁄2-inch (3.8-cm) heat- must be located within 18 inches (45.7 cm) of set and depth-stretched polypropylene or the posterior edge of the turtle excluder de- polyethylene webbing. The two side sections vice (TED) grid; and, (4) the area of the es- must be rectangular in shape, 291⁄2 meshes on cape opening must total at least 864 in2 the leading edge by 23 meshes deep. The top (5,574.2 cm2). To construct the funnel and es- and bottom sections are 291⁄2 meshes on the cape openings using this method, begin 31⁄2 leading edge by 23 meshes deep and tapered 1 meshes from the leading edge of the exten- point 2 bars on both sides down to 8 meshes sion, at the top center seam, count over 18 across the back. The four sections must be meshes on each side, and cut 13 meshes to- sewn together down the 23-mesh edge to form ward the back of the extension. Turn parallel the funnel. to the leading edge, and cut 26 meshes to- (e) Attachment of the funnel in the webbing ward the bottom center of the extension. extension. The funnel must be installed two Next, turn parallel to the top center seam, meshes behind the leading edge of the exten- and cut 13 meshes forward toward the lead- sion starting at the center seam of the ex- ing edge, creating a flap of webbing 13 tension and the center mesh of the funnel’s meshes by 26 meshes by 13 meshes. Lengthen top section leading edge. On the same row of the flap to 18 meshes by adding a 41⁄2-mesh by meshes, the funnel must be sewn evenly all 26-mesh rectangular section of webbing to the way around the inside of the extension. the 26-mesh edge. Attach the 18-mesh edges The funnel’s top and bottom back edges to the top and bottom of the extension by must be attached one mesh behind the 28- sewing 2 bars of the extension to 1 mesh on inch (71.1-cm) cable hoop (front hoop). Start- the flap in toward the top center and bottom ing at the top center seam, the back edge of center of the extension, forming the exit the top funnel section must be attached four opening and the funnel. Connect the two meshes each side of the center. Counting flaps together in the center with a 7-inch around 60 meshes from the top center, the piece of number 42 twine to allow adequate back edge of the bottom section must be at- clearance for fish escapement between the tached 4 meshes on each side of the bottom flaps and the side openings. On each side, sew center. Clearance between the side of the a 6-mesh by 101⁄2-mesh section of webbing to funnel and the 28-inch (71.1-cm) cable hoop 6 meshes of the center of the 26-mesh cut on (front hoop) must be at least 6 inches (15.2 the extension and 6 meshes centered between cm) when measured in the hanging position. the 13-mesh cuts 31⁄2 meshes from the leading (f) Cutting the escape openings. The leading edge. This forms two 10-mesh by 13-mesh edge of the escape opening must be located openings on each side. within 18 inches (45.7 cm) of the posterior (h) Cone fish deflector. The cone fish deflec- edge of the turtle excluder device (TED) grid. tor is constructed of 2 pieces of 15⁄8-inch (4.13- The area of the escape opening must total at cm) polypropylene or polyethylene webbing, least 864 in2 (5,574.2 cm2). Two escape open- 40 meshes wide by 20 meshes in length and ings 10 meshes wide by 13 meshes deep must cut on the bar on each side forming a tri- be cut 6 meshes apart in the extension web- angle. Starting at the apex of the two tri- bing, starting at the top center extension angles, the two pieces must be sewn together seam, 3 meshes back from the leading edge to form a cone of webbing. The apex of the and 16 meshes to the left and to the right cone fish deflector must be positioned within (total of four openings). The four escape 10–14 inches (25.4–35.6 cm) of the posterior openings must be double selvaged for edge of the funnel. strength. (i) 11-inch (27.9-cm) cable hoop for cone de- (g) Alternative Method for Constructing the flector. A single hoop must be constructed of Funnel and Escape Openings. The following 5⁄16-inch (0.79-cm) or 3⁄8-inch (0.95-cm) cable method for constructing the funnel and es- 341⁄2 inches (87.6 cm) in length. The ends must cape openings may be used instead of the be joined by a 3-inch (7.6-cm) piece of 3⁄8-inch method described in paragraphs F.2.d., F.2.e., (0.95-cm) aluminum pipe pressed together and F.2.f. of this section. With this alter- with a 1⁄4-inch (0.64-cm) die. The hoop must native method, the funnel and escape open- be inserted in the webbing cone, attached 10 ings are formed by cutting a flap in each side meshes from the apex and laced all the way of the extension webbing; pushing the flaps around with heavy twine. inward; and attaching the top and bottom (j) Installation of the cone in the extension. edges along the bars of the extension web- The cone must be installed in the extension

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12 inches (30.5 cm) behind the back edge of 635.42 Documentation requirements. the funnel and attached in four places. The 635.43 Contents of documentation. midpoint of a piece of number 60 twine 4 ft 635.44 Validation requirements. (1.22 m) in length must be attached to the 635.45 Products denied entry. apex of the cone. This piece of twine must be 635.46 Import requirements for swordfish. attached to the 28-inch (71.1-cm) cable hoop 635.47 Ports of entry. at the center of each of its sides; the points of attachment for the two pieces of twine must be measured 20 inches (50.8 cm) from Subpart E—International Port Inspection the midpoint attachment. Two 8-inch (20.3- 635.50 Basis and purpose. cm) pieces of number 60 twine must be at- 635.51 Authorized officer. tached to the top and bottom of the 11-inch (27.9-cm) cone hoop. The opposite ends of 635.52 Vessels subject to inspection. these two pieces of twine must be attached 635.53 Reports. to the top and bottom center of the 24-inch (61-cm) cable hoop; the points of attachment Subpart F—Enforcement for the two pieces of twine must be measured 4 inches (10.2 cm) from the points where they 635.69 Vessel monitoring systems. are tied to the 11-inch (27.9-cm) cone hoop. 635.70 Penalties. 635.71 Prohibitions. [62 FR 18539, Apr. 16, 1997, as amended at 64 FR 37694, July 13, 1999] APPENDIX A TO PART 635—SPECIES TABLES AUTHORITY: 16 U.S.C. 971 et seq.; 16 U.S.C. PART 635—ATLANTIC HIGHLY 1801 et seq. MIGRATORY SPECIES SOURCE: 64 FR 29135, May 28, 1999, unless otherwise noted. Subpart A—General Sec. Subpart A—General 635.1 Purpose and scope. 635.2 Definitions. § 635.1 Purpose and scope. 635.3 Relation to other laws. 635.4 Permits and fees. (a) The regulations in this part gov- 635.5 Recordkeeping and reporting. ern the conservation and management 635.6 Vessel and gear identification. of Atlantic tunas, Atlantic billfish, At- 635.7 At-sea observer coverage. lantic sharks, and Atlantic swordfish under the authority of the Magnuson- Subpart B—Limited Access Stevens Act and ATCA. They imple- 635.16 Limited access permits. ment the Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks, Subpart C—Management Measures and the Fishery Management Plan for 635.20 Size limits. Atlantic Billfishes. The Atlantic tunas 635.21 Gear operation and deployment re- regulations govern conservation and strictions. management of Atlantic tunas in the 635.22 Recreational retention limits. management unit. The Atlantic billfish 635.23 Retention limits for BFT. regulations govern conservation and 635.24 Commercial retention limits for management of Atlantic billfish in the sharks and swordfish. 635.25 [Reserved] management unit. The Atlantic sword- 635.26 Catch and release. fish regulations govern conservation 635.27 Quotas. and management of North and South 635.28 Closures. Atlantic swordfish in the management 635.29 Transfer at sea. unit. North Atlantic swordfish are 635.30 Possession at sea and landing. managed under the authority of both 635.31 Restrictions on sale and purchase. 635.32 Specifically authorized activities. ATCA and the Magnuson-Stevens Act. 635.33 Archival tags. South Atlantic swordfish are managed 635.34 Adjustment of management meas- under the sole authority of ATCA. The ures. shark regulations govern conservation and management of sharks in the man- Subpart D—Restrictions on Imports agement unit, solely under the author- 635.40 Restrictions to enhance conservation. ity of the Magnuson-Stevens Act. 635.41 Species subject to documentation re- Sharks are managed under the author- quirements. ity of the Magnuson-Stevens Act.

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