Pt. 640 50 CFR Ch. VI (10–1–10 Edition) Swordfish, Xiphias gladius PART 640—SPINY LOBSTER FISHERY Thresher shark, Alopias vulpinus OF THE GULF OF MEXICO AND Wahoo, Acanthocybium solandri Yellowfin tuna, Thunnus albacares SOUTH ATLANTIC TABLE 3 OF APPENDIX A TO PART 635– Subpart A—General Provisions DEMERSAL SPECIES Sec. Atlantic sharpnose shark, Rhizoprionodon 640.1 Purpose and scope. terraenovae 640.2 Definitions. Black grouper, Mycteroperca bonaci 640.3 Relation to other laws. Blackfin snapper, Lutjanus buccanella 640.4 Permits and fees. Blacknose shark, Carcharhinus acronotus 640.5 Recordkeeping and reporting. [Re- served] Blacktip shark, Carcharhinus limbatus 640.6 Vessel and gear identification. Blueline tilefish, Caulolatilus microps 640.7 Prohibitions. Bonnethead shark, Sphyrna tiburo 640.8 Facilitation of enforcement. Bull shark, Carcharhinus leucas 640.9 Penalties. Cubera snapper, Lutjanus cyanopterus Dog snapper, Lutjanus jocu Subpart B—Management Measures Finetooth shark, Carcharhinus isodon 640.20 Seasons. Gag grouper, Mycteroperca microlepis 640.21 Harvest limitations. Lane snapper, Lutjanus synagris 640.22 Gear and diving restrictions. Lemon shark, Negaprion brevirostris 640.23 Bag/possession limits. Mangrove snapper, Lutjanus griseus 640.24 Authorized activities. Marbled grouper, Dermatolepis inermis 640.25 Adjustment of management meas- Misty grouper, Epinephelus mystacinus ures. Mutton snapper, Lutjanus analis 640.26 Tortugas marine reserves. Nurse shark, Ginglymostoma cirratum 640.27 Spiny lobster import prohibitions. Queen snapper, Etelis oculatus FIGURE 1 TO PART 640 Red grouper, Epinephelus morio AUTHORITY: 16 U.S.C. 1801 et seq. Red hind, Epinephelus guttatus EDITORIAL NOTE: Nomenclature changes to Red snapper, Lutjanus campechanus part 640 appear at 74 FR 1152, Jan. 12, 2009. Rock hind, Epinephelus adscensionis Sand tilefish, Malacanthus plumieri Sandbar shark, Carcharhinus plumbeus Subpart A—General Provisions Schoolmaster snapper, Lutjanus apodus § 640.1 Purpose and scope. Silk snapper, Lutjanus vivanus Snowy grouper, Epinephelus niveatus (a) The purpose of this part is to im- Speckled hind, Epinephelus drummondhayi plement the Fishery Management Plan Spinner shark, Carcharhinus brevipinna for the Spiny Lobster Fishery of the Tiger shark, Galeocerdo cuvieri Gulf of Mexico and South Atlantic pre- Tilefish, Lopholatilus chamaeleonticeps pared by the South Atlantic and Gulf Vermilion snapper, Rhomboplites aurorubens of Mexico Fishery Management Coun- Warsaw grouper, Epinephelus nigritus cils under the Magnuson-Stevens Act. Yellowedge grouper, Epinephelus (b) This part governs conservation flavolimbatus and management of spiny lobster and Yellowfin grouper, Mycteroperca venenosa slipper (Spanish) lobster in the EEZ in Yellowtail snapper, Ocyurus chrysurus the Atlantic Ocean and Gulf of Mexico [64 FR 29135, May 28, 1999 as amended at 71 off the Atlantic and Gulf of Mexico FR 58174, Oct. 2, 2006; 75 FR 30528, June 1, states from the Virginia/North Caro- 2010] lina border south and through the Gulf of Mexico. This part also governs im- EFFECTIVE DATE NOTE: At 75 FR 30528, June portation of spiny lobster into any 1, 2010, the appendix to part 635 was amended place subject to the jurisdiction of the by revising table 1. Section E of this table contains information collection and record- United States. keeping requirements and will not become (c) An owner or operator of a vessel effective until approval has been given by that has legally harvested spiny lob- the Office of Management and Budget. sters in the waters of a foreign nation and possesses spiny lobster, or sepa- rated tails, in the EEZ incidental to such foreign harvesting is exempt from 388 VerDate Mar<15>2010 11:07 Dec 21, 2010 Jkt 220228 PO 00000 Frm 00398 Fmt 8010 Sfmt 8010 Y:\SGML\220228.XXX 220228 jdjones on DSK8KYBLC1PROD with CFR Fishery Conservation and Management § 640.2 the requirements of this part 640, ex- Circulation of seawater at a rate that cept for § 640.27 with which such an replaces the water at least every 8 min- owner or operator must comply, pro- utes meets the requirement for aer- vided proof of lawful harvest in the wa- ation. ters of a foreign nation accompanies Off Florida means the area from the such lobsters or tails. Florida coast to the outer limit of the [74 FR 1151, Jan. 12, 2009] EEZ between the Georgia/Florida boundary (30°42′45.6″N. latitude) and § 640.2 Definitions. the Alabama/Florida boundary In addition to the definitions in the (87°31′06″W. longitude). Magnuson-Stevens Act and in § 620.2 of Off the Gulf states, other than Florida this chapter, the terms used in this means the area from the coast to the part have the following meanings: outer limit of the EEZ between the Bully net means a circular frame at- Texas/Mexico border to the Alabama/ tached at right angles to the end of a Florida boundary (87°31′06″ W. long.). pole and supporting a conical bag of Off Monroe County, Florida means the webbing. The webbing is usually held area from the Florida coast to the up by means of a cord which is released when the net is dropped over a lobster. outer limit of the EEZ between a line Carapace length means the measure- extending directly east from the Dade/ ment of the carapace (head, body, or Monroe County, Florida boundary front section) of a spiny lobster from (25°20.4′N. latitude) and a line extend- the anteriormost edge (front) of the ing directly west from the Monroe/Col- groove between the horns directly lier County, Florida boundary above the eyes, along the middorsal (25°48.0′N. latitude). line (middle of the back), to the rear Off the southern Atlantic states, other edge of the top part of the carapace, ex- than Florida means the area from the cluding any translucent membrane. coast to the outer limit of the EEZ be- Commercial fishing means any fishing tween the Virginia/North Carolina or fishing activities which result in the boundary (36°34′55″ N. lat.) to the Geor- harvest of any marine or freshwater or- gia/Florida boundary (30°42′45.6″ N. ganisms, one or more of which (or parts lat.). thereof) is sold, traded, or bartered. Recreational fishing means fishing or Hoop net means a frame, circular or fishing activities which result in the otherwise, supporting a shallow bag of webbing and suspended by a line and harvest of fish, none of which (or parts bridles. The net is baited and lowered thereof) is sold, traded, or bartered. to the ocean bottom, to be raised rap- Regional Administrator (RA), for the idly at a later time to prevent the es- purposes of this part, means the Ad- cape of lobster. ministrator, Southeast Region, NMFS, Import means— 263 13th Avenue South, St. Petersburg, (1) To land on, bring into, or intro- FL 33701, or a designee. duce into, or attempt to land on, bring Slipper (Spanish) lobster means the into, or introduce into, any place sub- species Scyllarides nodifer. ject to the jurisdiction of the United Spiny lobster means the species States, whether or not such landing, Panulirus argus, or a part thereof. bringing, or introduction constitutes Tail length means the lengthwise an importation within the meaning of measurement of the entire tail (seg- the customs laws of the United States; mented portion), not including any but protruding muscle tissue, of a spiny (2) Does not include any activity de- lobster along the top middorsal line scribed in paragraph (1) of this defini- (middle of the back) to the rearmost tion with respect to fish caught in the U.S. exclusive economic zone by a ves- extremity. The measurement is made sel of the United States. with the tail in a flat, straight position Live well means a shaded container with the tip of the tail closed. used for holding live lobsters aboard a Trip means a fishing trip, regardless vessel in which aerated seawater is of number of days’ duration, that be- continuously circulated from the sea. gins with departure from a dock, berth, 389 VerDate Mar<15>2010 11:07 Dec 21, 2010 Jkt 220228 PO 00000 Frm 00399 Fmt 8010 Sfmt 8010 Y:\SGML\220228.XXX 220228 jdjones on DSK8KYBLC1PROD with CFR § 640.3 50 CFR Ch. VI (10–1–10 Edition) beach, seawall, or ramp and that termi- Management, NMFS, 1315 East-West nates with return to a dock, berth, Highway, Silver Spring, MD; or at the beach, seawall, or ramp. National Archives and Records Admin- [47 FR 29203, July 2, 1982, as amended at 52 istration (NARA). For information on FR 22659, June 15, 1987; 53 FR 17196, May 16, the availability of this material at 1988; 53 FR 24655, June 29, 1988; 53 FR 38294, NARA, call 202–741–6030, or go to: http:// Sept. 30, 1988; 55 FR 26448, June 28, 1990; 57 FR www.archives.gov/federallregister/ 56518, Nov. 30, 1992; 58 FR 38979, July 21, 1993; codeloflfederallregulations/ 59 FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, ibrllocations.html. 1995; 74 FR 1152, Jan. 12, 2009] (ii) EEZ other than off Florida. For a person to sell, trade, or barter, or at- § 640.3 Relation to other laws. tempt to sell, trade, or barter, a spiny (a) The relation of this part to other lobster harvested in the EEZ other laws is set forth in § 600.705 of this than off Florida or for a person to be chapter and paragraphs (b) and (c) of exempt from the daily bag and posses- this section. sion limit specified in § 640.23(b)(1) for (b) The regulations in this part apply such spiny lobster, a Federal vessel within the boundaries of any national permit must be issued to the har- park, monument, or marine sanctuary vesting vessel and must be on board. in the Gulf of Mexico and South Atlan- However, see paragraph (a)(1)(i) of this tic EEZ.