sign in sign up
<<
Home , Carcharhinus, Cuban dogfish, Iceland catshark

Pt. 635, App. A 50 CFR Ch. VI (10–1–06 Edition)

APPENDIX A TO PART 635— Marbled , arae TABLES Smallfin catshark, parvipinnis Bigtooth cookiecutter, plutodus TABLE 1 OF APPENDIX A TO PART 635–OCEANIC Blainville’s dogfish, Squalus blainvillei Bramble , brucus Broadband dogfish, gracilispinnis A. Large coastal sharks: Caribbean lanternshark, Etmopterus hillianus Cookiecutter shark, Isistius brasiliensis 1. Ridgeback sharks: , Squalus cubensis Sandbar, plumbeus Flatnose gulper shark, profundorum Silky, Carcharhinus falciformis Fringefin lanternshark, Etmopterus schultzi Tiger, Galeocerdo cuvieri , Etmopterus princeps Green lanternshark, Etmopterus virens 2. Non-ridgeback sharks: Greenland shark, microcephalus Blacktip, Carcharhinus limbatus Gulper shark, granulosus Bull, Carcharhinus leucas Japanese gulper shark, Centrophorus acuus Great hammerhead, Sphyrna mokarran , Dalatias licha Lemon, brevirostris Lined lanternshark, Etmopterus bullisi Nurse, Ginglymostoma cirratum , Centrophorus uyato Scalloped hammerhead, Sphyrna lewini Portuguese shark, Cetroscymnus coelolepis Smooth hammerhead, Sphyrna zygaena , laticaudus Spinner, Carcharhinus brevipinna Roughskin , Squalus asper Smallmouth , B. Small coastal sharks: obscurus Smooth lanternshark, Etmopterus pusillus Atlantic sharpnose, American , schroederi terraenovae Florida smoothhound, Mustelus norrisi Blacknose, Carcharhinus acronotus Smooth dogfish, Mustelus canis , Sphyrna tiburo Finetooth, Carcharhinus isodon PART 640—SPINY FISHERY C. Pelagic sharks: OF THE GULF OF MEXICO AND Blue, Prionace glauca SOUTH ATLANTIC Oceanic whitetip, Carcharhinus longimanus Porbeagle, nasus Subpart A—General Provisions Shortfin mako, oxyrinchus Thresher, Alopias vulpinus. Sec. 640.1 Purpose and scope. D. Prohibited sharks: 640.2 Definitions. Atlantic angel, Squatina dumerili 640.3 Relation to other laws. Basking, Cetorhinus maximus 640.4 Permits and fees. Bigeye sand tiger, noronhai 640.5 Recordkeeping and reporting. [Re- Bigeye sixgill, vitulus served] Bigeye thresher, Alopias superciliosus 640.6 Vessel and gear identification. Bignose, Carcharhinus altimus 640.7 Prohibitions. Caribbean reef, Carcharhinus perezi 640.8 Facilitation of enforcement. Caribbean sharpnose, Rhizoprionodon porosus 640.9 Penalties. Dusky, Carcharhinus obscurus Galapagos, Carcharhinus galapagensis Subpart B—Management Measures Longfin mako, Isurus paucus 640.20 Seasons. Narrowtooth, Carcharhinus brachyurus 640.21 Harvest limitations. Night, Carcharhinus signatus 640.22 Gear and diving restrictions. Sand tiger, Odontaspis taurus 640.23 Bag/possession limits. Sevengill, Heptranchias perlo 640.24 Authorized activities. Sixgill, Hexanchus griseus 640.25 Adjustment of management meas- Smalltail, Carcharhinus porosus ures. Whale, Rhincodon typus 640.26 Tortugas marine reserves. White, Carcharodon FIGURE 1 TO PART 640 TABLE 2 OF APPENDIX A TO PART 635– AUTHORITY: 16 U.S.C. 1801 et seq. DEEPWATER/OTHER SHARK SPECIES Blotched catshark, meadi Subpart A—General Provisions Broadgill catshark, Apristurus riveri Chain dogfish, Scyliorhinus retifer § 640.1 Purpose and scope. Deepwater catshark, Apristurus profundorum Dwarf catshark, Scyliorhinus torrei (a) The purpose of this part is to im- Iceland catshark, Apristurus laurussoni plement the Fishery Management Plan

320

VerDate Aug<31>2005 01:32 Nov 18, 2006 Jkt 208224 PO 00000 Frm 00332 Fmt 8010 Sfmt 8010 Y:\SGML\208224.XXX 208224 Fishery Conservation and Management § 640.2

for the Spiny Lobster Fishery of the vessel in which aerated seawater is Gulf of Mexico and South Atlantic pre- continuously circulated from the sea. pared by the South Atlantic and Gulf Circulation of seawater at a rate that of Mexico Fishery Management Coun- replaces the water at least every 8 min- cils under the Magnuson Act. utes meets the requirement for aer- (b) This part governs conservation ation. and management of spiny lobster and Off Florida means the area from the slipper (Spanish) lobster in the EEZ in Florida coast to the outer limit of the the Atlantic Ocean and Gulf of Mexico EEZ between the /Florida off the Atlantic and Gulf of Mexico boundary (30°42′45.6″N. latitude) and states from the Virginia/North Caro- the /Florida boundary lina border south and through the Gulf (87°31′06″W. longitude). of Mexico. Off the Gulf states, other than Florida (c) An owner or operator of a vessel means the area from the coast to the that has legally harvested spiny lob- outer limit of the EEZ between the sters in the waters of a foreign nation /Mexico border to the Alabama/ and possesses spiny , or sepa- Florida boundary (87°31′06″ W. long.). rated tails, in the EEZ incidental to such foreign harvesting is exempt from Off Monroe County, Florida means the the requirements of this part 640, pro- area from the Florida coast to the vided proof of lawful harvest in the wa- outer limit of the EEZ between a line ters of a foreign nation accompanies extending directly east from the Dade/ such lobsters or tails. Monroe County, Florida boundary (25°20.4′N. latitude) and a line extend- [57 FR 56518, Nov. 30, 1992] ing directly west from the Monroe/Col- lier County, Florida boundary § 640.2 Definitions. (25°48.0′N. latitude). In addition to the definitions in the Off the southern Atlantic states, other Magnuson Act and in § 620.2 of this than Florida means the area from the chapter, the terms used in this part coast to the outer limit of the EEZ be- have the following meanings: tween the Virginia/ Bully net means a circular frame at- boundary (36°34′55″ N. lat.) to the Geor- tached at right angles to the end of a gia/Florida boundary (30°42′45.6″ N. pole and supporting a conical bag of lat.). webbing. The webbing is usually held Recreational fishing means fishing or up by means of a cord which is released fishing activities which result in the when the net is dropped over a lobster. harvest of fish, none of which (or parts Carapace length means the measure- thereof) is sold, traded, or bartered. ment of the carapace (head, body, or front section) of a spiny lobster from Regional Director means the Director, the anteriormost edge (front) of the Southeast Region, NMFS, 9721 Execu- groove between the horns directly tive Center Drive N., St. Petersburg, above the eyes, along the middorsal FL 33702, telephone 813–570–5301; or a line (middle of the back), to the rear designee. edge of the top part of the carapace, ex- Slipper (Spanish) lobster means the cluding any translucent membrane. species Scyllarides nodifer. Commercial fishing means any fishing Spiny lobster means the species or fishing activities which result in the Panulirus argus. harvest of any marine or freshwater or- Tail length means the lengthwise ganisms, one or more of which (or parts measurement of the entire tail (seg- thereof) is sold, traded, or bartered. mented portion), not including any Hoop net means a frame, circular or protruding muscle tissue, of a spiny otherwise, supporting a shallow bag of lobster along the top middorsal line webbing and suspended by a line and (middle of the back) to the rearmost bridles. The net is baited and lowered extremity. The measurement is made to the ocean bottom, to be raised rap- with the tail in a flat, straight position idly at a later time to prevent the es- with the tip of the tail closed. cape of lobster. Trip means a fishing trip, regardless Live well means a shaded container of number of days’ duration, that be- used for holding live lobsters aboard a gins with departure from a dock, berth,

321

VerDate Aug<31>2005 01:32 Nov 18, 2006 Jkt 208224 PO 00000 Frm 00333 Fmt 8010 Sfmt 8010 Y:\SGML\208224.XXX 208224 § 640.3 50 CFR Ch. VI (10–1–06 Edition)

beach, seawall, or ramp and that termi- www.archives.gov/federallregister/ nates with return to a dock, berth, codeloflfederallregulations/ beach, seawall, or ramp. ibrllocations.html. [47 FR 29203, July 2, 1982, as amended at 52 (ii) EEZ other than off Florida. For a FR 22659, June 15, 1987; 53 FR 17196, May 16, person to sell, trade, or barter, or at- 1988; 53 FR 24655, June 29, 1988; 53 FR 38294, tempt to sell, trade, or barter, a spiny Sept. 30, 1988; 55 FR 26448, June 28, 1990; 57 FR lobster harvested in the EEZ other 56518, Nov. 30, 1992; 58 FR 38979, July 21, 1993; than off Florida or for a person to be 59 FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, exempt from the daily bag and posses- 1995] sion limit specified in § 640.23(b)(1) for such spiny lobster, a Federal vessel § 640.3 Relation to other laws. permit must be issued to the har- (a) The relation of this part to other vesting vessel and must be on board. laws is set forth in § 620.3 of this chap- However, see paragraph (a)(1)(i) of this ter and paragraph (b) of this section. section for the licenses and certificates (b) The regulations in this part apply required for a person to possess or land within the boundaries of any national spiny lobster harvested in the EEZ park, monument, or marine sanctuary other than off Florida and subse- in the Gulf of Mexico and South Atlan- quently possessed in the EEZ off Flor- tic EEZ. ida or landed from a fishing vessel in [47 FR 29203, July 2, 1982, as amended at 52 Florida. FR 22659, June 15, 1987; 53 FR 24655, June 29, (2) Tail-separation permits. For a per- 1988] son to possess aboard a fishing vessel a separated spiny lobster tail in or from § 640.4 Permits and fees. the EEZ, a tail-separation permit must (a) Applicability—(1) Licenses, certifi- be issued to the vessel and must be on cates, and permits—(i) EEZ off Florida board. and spiny lobster landed in Florida. For (3) Corporation/partnership-owned ves- a person to sell, trade, or barter, or at- sels. For a vessel owned by a corpora- tempt to sell, trade, or barter, a spiny tion or partnership to be eligible for a lobster harvested or possessed in the Federal vessel permit specified in para- EEZ off Florida, or harvested in the graph (a)(1)(ii) of this section, the EEZ other than off Florida and landed earned income qualification specified from a fishing vessel in Florida, or for in paragraph (b)(2)(vi) of this section a person to be exempt from the daily must be met by, and the statement re- bag and possession limit specified in quired by that paragraph must be sub- § 640.23(b)(1) for such spiny lobster, such mitted by, an officer or shareholder of person must have the licenses and cer- the corporation, a general partner of tificates specified to be a ‘‘commercial the partnership, or the vessel operator. harvester,’’ as defined in Rule 46– (4) Operator-qualified permits. A vessel 24.002(2), Florida Administrative Code, permit issued upon the qualification of in effect as of June 1, 1994. This incor- an operator is valid only when that poration by reference was approved by person is the operator of the vessel. the Director of the Office of the Fed- (b) Applications for permits. (1) An ap- eral Register in accordance with 5 plication for a Federal vessel and/or U.S.C. 552(a) and 1 CFR part 51. Copies tail-separation permit must be sub- may be obtained from the Florida Ma- mitted and signed by the owner (in the rine Fisheries Commission, 2540 Execu- case of a corporation, a qualifying offi- tive Center Circle West, Suite 106, Tal- cer or shareholder; in the case of a lahassee, FL 32301; telephone: 904–487– partnership, a qualifying general part- 0554. Copies may be inspected at the Of- ner) or operator of the vessel. The ap- fice of the Regional Director; the Office plication must be submitted to the Re- of Fisheries Conservation and Manage- gional Director at least 30 days prior to ment, NMFS, 1315 East-West Highway, the date on which the applicant desires Silver Spring, MD; or at the National to have the permit made effective. Archives and Records Administration (2) An applicant must provide the fol- (NARA). For information on the avail- lowing information: ability of this material at NARA, call (i) A copy of the vessel’s U.S. Coast 202–741–6030, or go to: http:// Guard certificate of documentation or,

322

VerDate Aug<31>2005 01:32 Nov 18, 2006 Jkt 208224 PO 00000 Frm 00334 Fmt 8010 Sfmt 8010 Y:\SGML\208224.XXX 208224 Fishery Conservation and Management § 640.4

if not documented, a copy of its state under paragraph (h) of this section. registration certificate. Such required documentation may in- (ii) The vessel’s name and official clude copies of appropriate forms and number. schedules from the applicant’s income (iii) Name, mailing address including tax return. Copies of income tax forms zip code, telephone number, social se- and schedules are treated as confiden- curity number, and date of birth of the tial. owner (if the owner is a corporation/ (c) Change in application information. partnership, in lieu of the social secu- The owner or operator of a vessel with rity number, provide the employer a permit must notify the Regional Di- identification number, if one has been rector within 30 days after any change assigned by the Internal Revenue Serv- in the application information speci- ice, and, in lieu of the date of birth, fied in paragraph (b) of this section. provide the date the corporation/part- The permit is void if any change in the nership was formed). information is not reported within 30 (iv) If the owner does not meet the days. earned income qualification specified (d) Fees. A fee is charged for each per- in paragraph (b)(2)(vi) of this section mit application submitted under para- and the operator does meet that quali- graph (b) of this section. The amount fication, the name, mailing address in- of the fee is calculated in accordance cluding zip code, telephone number, so- with the procedures of the NOAA Fi- cial security number, and date of birth nance Handbook for determining the of the operator. administrative costs of each special (v) Information concerning vessel, product or service. The fee may not ex- gear used, fishing areas, and fisheries ceed such costs and is specified with vessel is used in, as requested by the each application form. The appropriate Regional Director and included on the fee must accompany each application. application form. (e) Issuance. (1) The Regional Direc- (vi) A sworn statement by the appli- tor will issue a permit at any time to cant for a vessel permit certifying that an applicant if the application is com- at least 10 percent of his or her earned plete and the applicant meets the income was derived from commercial earned income requirement specified in fishing, that is, sale of the catch, dur- paragraph (b)(2)(vi) of this section. An ing the calendar year preceding the ap- application is complete when all re- plication. quested forms, information, and docu- (vii) Documentation supporting the mentation have been received. statement of income, if required under (2) Upon receipt of an incomplete ap- paragraph (b)(3) of this section. plication, the Regional Director will (viii) If a tail-separation permit is de- notify the applicant of the deficiency. sired, a sworn statement by the appli- If the applicant fails to correct the de- cant certifying that his or her fishing ficiency within 30 days of the date of activity— the Regional Director’s letter of notifi- (A) Is routinely conducted in the EEZ cation, the application will be consid- on trips of 48 hours or more; and ered abandoned. (B) Necessitates the separation of (f) Duration. A permit remains valid carapace and tail to maintain a quality for the period specified on it unless the product. vessel is sold or the permit is revoked, (ix) Any other information that may suspended, or modified pursuant to be necessary for the issuance or admin- subpart D of 15 CFR part 904. istration of the permit, as requested by (g) Transfer. A permit issued pursu- the Regional Director and included on ant to this section is not transferable the application form. or assignable. A person purchasing a (3) The Regional Director may re- permitted vessel who desires to con- quire the applicant to provide docu- duct activities for which a permit is re- mentation supporting the sworn state- quired must apply for a permit in ac- ment under paragraph (b)(2)(vi) of this cordance with the provisions of para- section before a permit is issued or to graph (b) of this section. The applica- substantiate why such permit should tion must be accompanied by a copy of not be revoked or otherwise sanctioned a signed bill of sale.

323

VerDate Aug<31>2005 01:32 Nov 18, 2006 Jkt 208224 PO 00000 Frm 00335 Fmt 8010 Sfmt 8010 Y:\SGML\208224.XXX 208224 § 640.5 50 CFR Ch. VI (10–1–06 Edition)

(h) Display. A permit issued pursuant ministrative Code, was approved by the to this section must be carried on Director of the Office of the Federal board the vessel, and such vessel must Register in accordance with 5 U.S.C. be identified as required by § 640.6. The 552(a) and 1 CFR part 51. Copies may be operator of a vessel must present the obtained from the Florida Marine Fish- permit for inspection upon the request eries Commission, 2540 Executive Cen- of an authorized officer. ter Circle West, Suite 106, Tallahassee, (i) Sanctions and denials. A permit FL 32301; telephone: 904–487–0554. Copies issued pursuant to this section may be may be inspected at the Office of the revoked, suspended, or modified, and a Regional Director; the Office of Fish- permit application may be denied, in eries Conservation and Management, accordance with the procedures gov- NMFS, 1315 East-West Highway, Silver erning enforcement-related permit Spring, MD; or at the National Ar- sanctions and denials found at subpart chives and Records Administration D of 15 CFR part 904. (NARA). For information on the avail- (j) Alteration. A permit that is al- ability of this material at NARA, call tered, erased, or mutilated is invalid. 202–741–6030, or go to: http:// (k) Replacement. A replacement per- www.archives.gov/federallregister/ mit may be issued. An application for a codeloflfederallregulations/ replacement permit will not be consid- ibrllocations.html. ered a new application. A fee, the (b) EEZ other than off Florida. (1) The amount of which is stated with the ap- owner or operator of a vessel that is plication form, must accompany each used to harvest spiny lobsters in the request for a replacement permit. EEZ other than off Florida, must meet the following vessel and gear identi- [57 FR 56518, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, fication requirements: 1995; 69 FR 18803, Apr. 9, 2004] (i) The vessel’s Florida crawfish li- cense or trap number or, if not licensed § 640.5 Recordkeeping and reporting. by Florida, the vessel’s Federal vessel [Reserved] permit number must be permanently and conspicuously displayed hori- § 640.6 Vessel and gear identification. zontally on the uppermost structural (a) EEZ off Florida. (1) An owner or portion of the vessel in numbers at operator of a vessel that is used to har- least 10 inches (25.4 cm) high so as to be vest spiny lobsters by traps in the EEZ readily identifiable from the air and off Florida must comply with the ves- water; sel and gear identification require- (ii) If the vessel uses spiny lobster ments applicable to the harvesting of traps in the EEZ, other than off Flor- spiny lobsters by traps in Florida’s wa- ida— ters in sections 370.14(2)(a) and (3) and (A) The vessel’s color code, as as- 370.142(2)(b), Florida Statutes, in effect signed by Florida or, if a color code has as of July 1, 1994, and in Rule 46– not been assigned by Florida, as as- 24.006(3), (4), and (5), Florida Adminis- signed by the Regional Director, must trative Code, in effect as of June 1, be permanently and conspicuously dis- 1994. played above the number specified in (2) An owner or operator of a vessel paragraph (b)(1)(i) of this section so as that is used to harvest spiny lobsters to be readily identifiable from the air by diving in the EEZ off Florida must and water, such color code being in the comply with the vessel identification form of a circle at least 20 inches (50.8 requirements applicable to the har- cm) in diameter on a background of vesting of spiny lobsters by diving in colors contrasting to those contained Florida’s waters in Rule 46–24.006(6), in the assigned color code; Florida Administrative Code, in effect (B) A buoy or timed-release buoy of as of June 1, 1994. such strength and buoyancy to float (3) The incorporation by reference in must be attached to each spiny lobster paragraphs (a)(1) and (a)(2) of this sec- trap or at each end of a string of traps; tion of sections 370.14(2)(a) and (3) and (C) A buoy used to mark spiny lob- 370.142(2)(b), Florida Statutes, and Rule ster traps must bear the vessel’s as- 46–24.006(3), (4), (5), and (6), Florida Ad- signed color code and be of such color,

324

VerDate Aug<31>2005 01:32 Nov 18, 2006 Jkt 208224 PO 00000 Frm 00336 Fmt 8010 Sfmt 8010 Y:\SGML\208224.XXX 208224 Fishery Conservation and Management § 640.7

hue, and brilliancy as to be easily dis- (a) Sell, trade, or barter, or attempt tinguished, seen, and located; to sell, trade, or barter, a spiny lobster (D) A buoy used to mark spiny lob- in or from the EEZ without a required ster traps must bear the vessel’s Flor- license, certificate, or permit, as speci- ida crawfish license or trap number or, fied in § 640.4(a)(1). if not licensed by Florida, the vessel’s (b) Falsify information specified in Federal vessel permit number in num- § 640.4(b)(2) on an application for a per- bers at least 2 inches (5.08 cm) high; mit. and (c) Fail to display a permit, as speci- (E) A spiny lobster trap must bear fied in § 640.4(h). the vessel’s Florida crawfish license or trap number or, if not licensed by Flor- (d) Falsify or fail to display and ida, the vessel’s Federal vessel permit maintain vessel and gear identifica- number permanently and legibly af- tion, as required by § 640.6 (a) and (b). fixed. (e) Possess a spiny lobster trap in the (2) A spiny lobster trap in the EEZ, EEZ at a time not authorized, as speci- other than off Florida, will be pre- fied in § 640.20(b)(3)(i) and (b)(3)(ii). sumed to be the property of the most (f) Possess a spiny lobster in or from recently documented owner. Upon the the EEZ at a time not authorized, as sale or transfer of a spiny lobster trap specified in § 640.20(b)(4). used in the EEZ, other than off Flor- (g) Fail to return immediately to the ida, within 5 days of acquiring owner- water a berried spiny lobster or slipper ship, the person acquiring ownership lobster; strip eggs from or otherwise must notify the Florida Division of molest a berried spiny lobster or slip- Law Enforcement of the Department of per lobster; or possess a spiny lobster Environmental Protection, for a trap or slipper lobster, or part thereof, from that bears a Florida crawfish license or which eggs, swimmerettes, or pleopods trap number, or the Regional Director, have been removed or stripped; as spec- for a trap that bears a Federal vessel ified in § 640.21(a). permit number, as to the number of (h) Possess or fail to return imme- traps purchased, the vendor, and the diately to the water unharmed a spiny crawfish license or trap number, or lobster smaller than the minimum size Federal vessel permit number, cur- limits specified in § 640.21 (b)(1) and rently displayed on the traps, and must (b)(3), except as provided in § 640.21(c). request issuance of a crawfish license (i) Harvest or attempt to harvest a or trap number, or Federal vessel per- spiny lobster by diving without having mit, if the acquiring owner does not possess such license or trap number or and using in the water a measuring de- permit. vice, or fail to release an undersized (c) Unmarked traps and buoys. An un- spiny lobster in the water, as specified marked spiny lobster trap or buoy in in § 640.21(b)(2). the EEZ is illegal gear. Such trap or (j) Possess an undersized spiny lob- buoy, and any connecting lines, will be ster for use as an attractant in a trap considered unclaimed or abandoned in quantities or under conditions not property and may be disposed of in any authorized in § 640.21(c). manner considered appropriate by the (k) Possess a separated spiny lobster Assistant Administrator or an author- tail, except as specified in § 640.21(d). ized officer. An owner of such trap or (l) Possess a spiny lobster harvested buoy remains subject to appropriate by prohibited gear or methods; or pos- civil penalties. sess on board a fishing vessel any dyna- [57 FR 56519, Nov. 30, 1992, as amended at 59 mite or similar explosive substance; as FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, specified in § 640.20(b) and § 640.22 (a)(1) 1995; 69 FR 18803, Apr. 9, 2004] and (a)(3). (m) Use or possess in the EEZ a spiny § 640.7 Prohibitions. lobster trap that does not meet the re- In addition to the general prohibi- quirements specified in § 640.22(b)(1). tions specified in § 620.7 of this chapter, (n) Pull or tend a spiny lobster trap it is unlawful for any person to do any other than during daylight hours, as of the following: specified in § 640.22(b)(2).

325

VerDate Aug<31>2005 01:32 Nov 18, 2006 Jkt 208224 PO 00000 Frm 00337 Fmt 8010 Sfmt 8010 Y:\SGML\208224.XXX 208224 § 640.8 50 CFR Ch. VI (10–1–06 Edition)

(o) Pull or tend another person’s Florida, there are no seasonal restric- spiny lobster trap, except as authorized tions on the harvest of spiny lobster or in § 640.22(b)(3). on the possession of traps. (p) Possess spiny lobsters in or from (b) EEZ off Florida and off the Gulf the EEZ in an amount exceeding the states, other than Florida—(1) Commercial daily bag and possession limit specified and recreational fishing season. The in § 640.23 (a), (b)(1), or (b)(2) except as commercial and recreational fishing authorized in § 640.23(b)(3) and (b)(4). season for spiny lobster in the EEZ off (q) Possess spiny lobsters aboard a Florida and the EEZ off the Gulf vessel that uses or has on board a net states, other than Florida, begins on or trawl in an amount exceeding the August 6 and ends on March 31. limits, as specified in § 640.23(b)(4). (2) Special recreational fishing sea- (r) Operate a vessel that fishes for or sons—(i) EEZ off Florida. There is a 2- possesses spiny lobster in or from the day special recreational fishing season EEZ with spiny lobster aboard in an in the EEZ off Florida on the last amount exceeding the cumulative bag Wednesday and successive Thursday of and possession limit, as specified in July each year during which fishing for § 640.23(d). spiny lobster is limited to diving or use (s) Transfer or receive at sea spiny of a bully net or hoop net. (See lobster in or from the EEZ caught § 640.22(a) for general prohibitions on under the bag and possession limits, as gear and methods.) In the EEZ off Mon- specified in § 640.23(e). roe County, Florida, no person may (t) Interfere with, obstruct, delay, or harvest spiny lobster by diving at prevent by any means an investigation, night, that is, from 1 hour after official search, seizure, or disposition of seized sunset to 1 hour before official sunrise, property in connection with enforce- during this 2-day special recreational ment of the Magnuson Act. fishing season. (u) Make any false statement, oral or (ii) EEZ off the Gulf states, other than written, to an authorized officer con- Florida. There is a 2-day special rec- cerning the taking, catching, har- reational fishing season in the EEZ off vesting, landing, purchase, sale, posses- the Gulf states, other than Florida, sion, or transfer of a spiny lobster. during the last Saturday and succes- (v) Fish for any species or anchor a sive Sunday of July each year during fishing vessel in a marine reserve as which fishing for spiny lobster may be specified in § 640.26. conducted by authorized gear and [57 FR 56520, Nov 30, 1992, as amended at 58 methods other than traps. (See FR 38979, July 21, 1993; 58 FR 61845, Nov. 23, § 640.22(a) for general prohibitions on 1993; 59 FR 53119, Oct. 21, 1994; 60 FR 41831, gear and methods.) Aug. 14, 1995; 67 FR 47469, July 19, 2002] (3) Possession of traps. (i) In the EEZ § 640.8 Facilitation of enforcement. off Florida, the rules and regulations applicable to the possession of spiny See § 620.8 of this chapter. lobster traps in Florida’s waters in [53 FR 24656, June 29, 1988] Rule 46–24.005(3), (4), and (5), Florida Administrative Code, in effect as of § 640.9 Penalties. June 1, 1994, apply in their entirety to See § 620.9 of this chapter. the possession of spiny lobster traps in the EEZ off Florida. This incorporation [53 FR 24656, June 29, 1988] by reference was approved by the Di- rector of the Office of the Federal Reg- Subpart B—Management ister in accordance with 5 U.S.C. 552(a) Measures and 1 CFR part 51. Copies may be ob- tained from the Florida Marine Fish- SOURCE: 57 FR 56520, Nov. 30, 1992, unless eries Commission, 2540 Executive Cen- otherwise noted. ter Circle West, Suite 106, Tallahassee, FL 32301; telephone: 904–487–0554. Copies § 640.20 Seasons. may be inspected at the Office of the (a) EEZ off the southern Atlantic states, Regional Director; the Office of Fish- other than Florida. In the EEZ off the eries Conservation and Management, southern Atlantic states, other than NMFS, 1315 East-West Highway, Silver

326

VerDate Aug<31>2005 01:32 Nov 18, 2006 Jkt 208224 PO 00000 Frm 00338 Fmt 8010 Sfmt 8010 Y:\SGML\208224.XXX 208224 Fishery Conservation and Management § 640.21

Spring, MD; or at the National Ar- § 640.21 Harvest limitations. chives and Records Administration (a) Berried lobsters. A berried (egg- (NARA). For information on the avail- bearing) spiny lobster or slipper lobster ability of this material at NARA, call in or from the EEZ must be returned 202–741–6030, or go to: http:// immediately to the water unharmed. If www.archives.gov/federallregister/ found in a trap in the EEZ, a berried code of federal regulations/ l l l spiny lobster or slipper lobster may not ibr locations.html. l be retained in the trap. A berried spiny (ii) In the EEZ off the Gulf states, lobster or slipper lobster in or from the other than Florida, a spiny lobster trap EEZ may not be stripped of its eggs or may be placed in the water prior to the otherwise molested. The possession of a commercial and recreational fishing spiny lobster or slipper lobster, or part season, which is specified in paragraph thereof, in or from the EEZ from which (b)(1) of this section beginning on Au- eggs, swimmerettes, or pleopods have gust 1 and must be removed from the been removed or stripped is prohibited. water after such season not later than (b) Minimum size limits. (1) Except as April 5. provided in paragraph (c) of this sec- (iii) A spiny lobster trap, buoy, or tion— rope in the EEZ off Florida or in the (i) No person may possess a spiny lob- EEZ off the Gulf states, other than ster in or from the EEZ with a cara- Florida, during periods not authorized pace length of 3.0 inches (7.62 cm) or in paragraphs (b)(3)(i) and (b)(3)(ii) of less; and this section will be considered un- (ii) A spiny lobster, harvested in the claimed or abandoned property and EEZ by means other than diving, with may be disposed of in any manner con- a carapace length of 3.0 inches (7.62 cm) sidered appropriate by the Assistant or less must be returned immediately Administrator or an authorized officer. to the water unharmed. An owner of such trap, buoy, or rope (2) No person may harvest or attempt remains subject to appropriate civil to harvest a spiny lobster by diving in penalties. the EEZ unless he or she possesses, (4) Possession of spiny lobsters. In the while in the water, a measuring device EEZ off Florida and the Gulf states, a capable of measuring the carapace whole or a part of a spiny lobster sub- length. A spiny lobster captured by a ject to these regulations may only be diver must be measured in the water possessed during the commercial and using such measuring device and, if the recreational fishing season and the spe- spiny lobster has a carapace length of cial recreational fishing season speci- 3.0 inches (7.62 cm) or less, it must be fied in § 640.20, unless accompanied by released unharmed immediately with- proof of lawful harvest in the waters of out removal from the water. a foreign nation. Consistent with the (3) Aboard a vessel authorized under provisions of paragraphs (b)(3)(i) and paragraph (d) of this section to possess (ii) of this section, a spiny lobster in a a separated spiny lobster tail, no per- trap in this area will not be deemed to son may possess in or from the EEZ a be possessed provided such spiny lob- separated spiny lobster tail with a tail ster is returned immediately to the length less than 5.5 inches (13.97 cm). water unharmed when a trap is re- (c) Undersized attractants. A live spiny moved from the water between March lobster under the minimum size limit 31 and April 15. specified in paragraph (b)(1) of this sec- (c) Primacy of seasonal restrictions in tion that is harvested in the EEZ by a the EEZ off Florida. The seasonal re- trap may be retained aboard the har- strictions applicable in the EEZ off vesting vessel for future use as an at- Florida apply to all spiny lobsters and tractant in a trap provided it is held in traps in the EEZ off Florida, without a live well aboard the vessel. No more regard to harvest or use elsewhere, un- than fifty undersized spiny lobsters, or less accompanied by proof of lawful one per trap aboard the vessel, which- harvest elsewhere. ever is greater, may be retained aboard [60 FR 41831, Aug. 14, 1995, as amended at 69 for use as attractants. The live well FR 18803, Apr. 9, 2004] must provide a minimum of 3⁄4 gallons

327

VerDate Aug<31>2005 01:32 Nov 18, 2006 Jkt 208224 PO 00000 Frm 00339 Fmt 8010 Sfmt 8010 Y:\SGML\208224.XXX 208224 § 640.22 50 CFR Ch. VI (10–1–06 Edition)

(1.7 liters) of seawater per spiny lob- panel constructed of wood, cotton, or ster. An undersized spiny lobster so re- other material that will degrade at the tained must be released to the water same rate as a wooden trap. Such panel alive and unharmed immediately upon must be located in the upper half of the leaving the trap lines and prior to one sides or on top of the trap, so that, hour after official sunset each day. when removed, there will be an opening (d) Tail separation. The possession in the trap no smaller than the diame- aboard a fishing vessel of a separated ter found at the throat or entrance of spiny lobster tail in or from the EEZ is the trap. authorized only when the possession is (2) A spiny lobster trap in the EEZ incidental to fishing exclusively in the may be pulled or tended during day- EEZ on a trip of 48 hours or more and light hours only, that is, from 1 hour a Federal tail-separation permit speci- before official sunrise to 1 hour after fied in § 640.4(a)(2) has been issued to official sunset. and is on board the vessel. (3) A spiny lobster trap in the EEZ may be pulled or tended only by the [57 FR 56520, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994] owner’s vessel, or by a vessel for which permission to pull or work traps be- § 640.22 Gear and diving restrictions. longing to another person has been (a) Prohibited gear and methods. (1) A granted— spiny lobster may not be taken in the (i) For traps in the EEZ off Florida, EEZ with a spear, hook, or similar de- by the Florida Division of Law En- vice, or gear containing such devices. forcement, Department of Environ- In the EEZ, the possession of a speared, mental Protection, in accordance with pierced, or punctured spiny lobster is the procedures in Rule 46-24.006(7), prima facie evidence that prohibited Florida Administrative Code, in effect gear was used to take such lobster. as of June 1, 1994. This incorporation Hook, as used in this paragraph (a)(1), by reference was approved by the Di- does not include a hook in a hook-and- rector of the Office of the Federal Reg- line fishery for species other than ister in accordance with 5 U.S.C. 552(a) spiny lobster; and possession of a spiny and 1 CFR part 51. Copies may be ob- lobster that has been speared, pierced, tained from the Florida Marine Fish- or punctured by such hook is not con- eries Commission, 2540 Executive Cen- sidered evidence that prohibited gear ter Circle West, Suite 106, Tallahassee, was used to take the spiny lobster, pro- FL 32301; telephone: 904–487–0554. Copies vided no prohibited gear is on board may be inspected at the Office of the the vessel. Regional Director; the Office of Fish- (2) A spiny lobster may not be taken eries Conservation and Management, in a directed fishery by the use of a net NMFS, 1315 East-West Highway, Silver or trawl. See § 640.23(d) for the bycatch Spring, MD; or at the National Ar- limits applicable to a vessel that uses chives and Records Administration or has on board a net or trawl. (NARA). For information on the avail- (3) Poisons and explosives may not be ability of this material at NARA, call used to take a spiny lobster or slipper 202–741–6030, or go to: http:// lobster in the EEZ. For the purposes of www.archives.gov/federallregister/ this paragraph (a)(3), chlorine, bleach, codeloflfederallregulations/ and similar substances, which are used ibrllocations.html. to flush a spiny lobster out of rocks or (ii) For traps in the EEZ, other than coral, are poisons. A vessel in the spiny off Florida, by the Regional Director, lobster or slipper lobster fishery may as may be arranged upon written re- not possess on board in the EEZ any quest. dynamite or similar explosive sub- [57 FR 56520, Nov. 30, 1992, as amended at 58 stance. FR 38980, July 21, 1993; 60 FR 41831, Aug. 14, (b) Traps. (1) In the EEZ, a spiny lob- 1995; 69 FR 18803, Apr. 9, 2004] ster trap may be no larger in dimen- sion than 3 feet by 2 feet by 2 feet (91.4 § 640.23 Bag/possession limits. cm by 61.0 cm by 61.0 cm), or the vol- (a) EEZ off the southern Atlantic states, ume equivalent. A trap constructed of other than Florida. The daily bag or pos- material other than wood must have a session limit for spiny lobster in or

328

VerDate Aug<31>2005 01:32 Nov 18, 2006 Jkt 208224 PO 00000 Frm 00340 Fmt 8010 Sfmt 8010 Y:\SGML\208224.XXX 208224 Fishery Conservation and Management § 640.24

from the EEZ off the southern Atlantic time 1.6 percent, by weight of the spiny states, other than Florida, is two per lobster or parts thereof, of the total person for commercial and recreational whole weight of all fish lawfully in pos- fishing, year-round. session on board such vessel. For the (b) EEZ off Florida and off the Gulf purposes of this paragraph (b)(4), the states, other than Florida—(1) Commercial term ‘‘net or trawl’’ does not include a and recreational fishing season. Except hand-held net, a loading or dip net, a as specified in paragraphs (b)(3) and bully net, or a hoop net. (b)(4) of this section, during the com- (5) Diving at night. The provisions of mercial and recreational fishing season paragraph (b)(3) of this section not- specified in § 640.20(b)(1), the daily bag withstanding, a person who harvests or possession limit of spiny lobster in spiny lobster in the EEZ by diving at or from the EEZ off Florida and off the Gulf states, other than Florida, is six night, that is, from 1 hour after official per person. sunset to 1 hour before official sunrise, (2) Special recreational fishing seasons. is limited to the bag limit specified in During the special recreational fishing paragraph (b)(1) of this section, wheth- seasons specified in § 640.20(b)(2), the er or not a Federal vessel permit speci- daily bag or possession limit of spiny fied in § 640.4(a)(1) has been issued to lobster— and is on board the vessel from which (i) In or from the EEZ off the Gulf the diver is operating. states, other than Florida, is six per (c) Combination of bag/possession limits. person; A person who fishes for or possesses (ii) In or from the EEZ off Florida spiny lobster in or from the EEZ under other than off Monroe County, Florida, a bag or possession limit specified in is twelve per person; and paragraph (a) or (b) of this section may (iii) In or from the EEZ off Monroe not combine the bag or possession lim- County, Florida, is six per person. its of those paragraphs or combine (3) Exemption from the bag/possession such bag or possession limit with a bag limit. During the commercial and rec- or possession limit applicable to state reational fishing season specified in waters. § 640.20(b)(1), a person is exempt from (d) Responsibility for bag/possession the bag and possession limit specified limits. The operator of a vessel that in paragraph (a) of this section, pro- fishes for or possesses spiny lobster in vided— (i) The harvest of spiny lobsters is by or from the EEZ is responsible for the diving, or by the use of a bully net, cumulative bag or possession limit hoop net, or spiny lobster trap; and specified in paragraphs (a) and (b) of (ii) The vessel from which the person this section applicable to that vessel, is operating has on board the required based on the number of persons aboard. licenses, certificates, or permits, as (e) Transfer at sea. A person who specified in § 640.4(a)(1). fishes for or possesses spiny lobster in (4) Harvest by net or trawl. During the or from the EEZ under a bag or posses- commercial and recreational fishing sion limit specified in paragraph (a) or season specified in § 640.20(b)(1), aboard (b) of this section may not transfer a a vessel with the required licenses, cer- spiny lobster at sea from a fishing ves- tificates, or permits specified in sel to any other vessel, and no person § 640.4(a)(1) that harvests spiny lobster may receive at sea such spiny lobster. by net or trawl or has on board a net or trawl, the possession of spiny lobster in [60 FR 41831, Aug. 14, 1995] or from the EEZ off Florida and off the Gulf states, other than Florida, may § 640.24 Authorized activities. not exceed at any time 5 percent, whole The Assistant Administrator may au- weight, of the total whole weight of all thorize, for the acquisition of informa- fish lawfully in possession on board tion and date, activities otherwise pro- such vessel. If such vessel lawfully pos- hibited by the regulations in this part. sesses a separated spiny lobster tail, the possession of spiny lobster in or [57 FR 56520, Nov. 30, 1992, as amended at 60 from the EEZ may not exceed at any FR 41832, Aug. 14, 1995]

329

VerDate Aug<31>2005 01:32 Nov 18, 2006 Jkt 208224 PO 00000 Frm 00341 Fmt 8010 Sfmt 8010 Y:\SGML\208224.XXX 208224 § 640.25 50 CFR Ch. VI (10–1–06 Edition)

§ 640.25 Adjustment of management § 640.26 Tortugas marine reserves. measures. The following activities are prohib- In accordance with the framework ited within the Tortugas marine re- procedure of the Fishery Management serves: Fishing for any species and an- Plan for the Spiny Lobster Fishery of choring by fishing vessels. the Gulf of Mexico and South Atlantic, (a) EEZ portion of Tortugas North. The the RA may establish or modify the area is bounded by rhumb lines con- following items: definitions of essential necting the following points: From fish habitat, Essential Fish Habitat- point A at 24°40′00′ N. lat., 83°06′00′ W. ° ′ ′ Habitat Areas of Particular Concern, long. to point B at 24 46 00 N. lat., ° ′ ′ ° ′ ′ Coral-Habitat Areas of Particular Con- 83 06 00 W. long. to point C at 24 46 00 ° ′ ′ cern, biomass levels, age-structured N. lat., 83 00 00 W. long.; thence along the line denoting the seaward limit of analyses, limits on the number of traps Florida’s waters, as shown on the cur- fished by each vessel, construction rent edition of NOAA chart 11438, to characteristics of traps, specification point A at 24°40′00′ N. lat., 83°06′00′ W. of gear and vessel identification re- long. quirements, specification of allowable (b) Tortugas South. The area is bound- or prohibited gear in a directed fishery, ed by rhumb lines connecting, in order, specification of bycatch levels in non- the following points: directed fisheries, changes to soak or removal periods and requirements for Point North lat. West long. traps, recreational bag and possession A ...... 24°33′00′ 83°09′00′ limits, changes in fishing seasons, limi- B ...... 24°33′00′ 83°05′00′ tations on use, possession, and han- C ...... 24°18′00′ 83°05′00′ D ...... 24°18′00′ 83°09′00′ dling of undersized lobsters, and A ...... 24°33′00′ 83°09′00′ changes in minimum size. [65 FR 37296, June 14, 2000] [67 FR 47469, July 19, 2002]

FIGURE 1 TO PART 640

[47 FR 29203, July 2, 1982. Redesignated at 57 FR 56518, Nov. 30, 1992]

330

VerDate Aug<31>2005 01:32 Nov 18, 2006 Jkt 208224 PO 00000 Frm 00342 Fmt 8010 Sfmt 8006 Y:\SGML\208224.XXX 208224 ER26SE01.001