Vol. 78 Wednesday, No. 74 April 17, 2013

Part II

Department of Commerce

National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Parts 622 and 640 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Final Rule

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DEPARTMENT OF COMMERCE 1. The addition of §§ 622.39(a)(1)(vii) FOR FURTHER INFORMATION CONTACT: and 622.41(q), and the suspension of Scott Sandorf, telephone: 727–824–5305 National Oceanic and Atmospheric §§ 622.39(a)(1)(vi) and 622.41(b), are or email: [email protected]. Administration effective April 17, 2013 through May 15, SUPPLEMENTARY INFORMATION: 2013. 15 CFR Part 902 2. The addition of § 622.193(n)(3) and Background the suspension of § 622.193(n)(1) are The regulations implementing the 50 CFR Parts 622 and 640 effective April 17, 2013 through May 6, FMPs approved under the Magnuson- 2013. [Docket No. 120403251–3290–01] Stevens Fishery Conservation and 3. The addition of § 622.39(c)(3) and Management Act (Magnuson-Stevens RIN 0648–BB70 the suspension of § 622.39(c)(1) are Act) for the domestic fisheries in the effective April 17, 2013 through Caribbean, Gulf of Mexico, and South Fisheries of the Caribbean, Gulf of September 23, 2013. Atlantic were last reorganized by NMFS Mexico, and South Atlantic 4. In § 622.2, the addition of in 1996 (61 FR 47821, September 11, definitions for ‘‘Off Alabama’’, ‘‘Off AGENCY: National Marine Fisheries 1996). Since then, Federal regulations Louisiana’’, and ‘‘Off Mississippi’’ is Service (NMFS), National Oceanic and for most fisheries have become more effective April 17, 2013 through Atmospheric Administration (NOAA), complex, and new fisheries have come September 23, 2013. Commerce. under Federal management. This has Comments may be submitted through significantly increased the length of the ACTION: Interim final rule; request for May 17, 2013. The IBR of certain overall regulations and has made it comments. publications listed in the rule is more difficult for constituents and other approved by the Director of the Federal SUMMARY: NMFS hereby reorganizes the users to locate applicable provisions of Register as of April 17, 2013. regulations implementing the fishery the regulations and to use the management plans (FMPs) for the ADDRESSES: You may submit comments regulations most effectively. Currently, following domestic fisheries in the on this document, identified by these regulations are organized by the Caribbean, Gulf of Mexico, and South ‘‘NOAA–NMFS–2012–0250’’, by any of categories of management measures Atlantic: Caribbean coral, Caribbean reef the following methods: applicable to all or most fisheries. For • Electronic Submission: Submit all fish, Caribbean spiny lobster, Caribbean example, bag and possession limits for electronic public comments via the queen conch, Gulf red drum, Gulf reef all of these fisheries are located under Federal e-Rulemaking Portal. Go to fish, Gulf shrimp, Gulf coral, Gulf and a single regulatory section heading, and www.regulations.gov/#!docketDetail;D= South Atlantic coastal migratory the same is true for other categories of NOAA–NMFS–2012–0250, click the pelagics, Gulf and South Atlantic spiny management measures, e.g., minimum ‘‘Comment Now!’’ icon, complete the size limits, seasonal harvest limitations lobster, South Atlantic coral, South required fields, and enter or attach your Atlantic snapper-grouper, South etc. In some cases, even after finding the comments. appropriate regulatory section heading, Atlantic shrimp, Atlantic dolphin and • Mail: Submit written comments to wahoo, South Atlantic golden crab, and a user must sort through numerous Scott Sandorf, Southeast Regional pages of regulatory text to find the South Atlantic pelagic sargassum. This Office, NMFS, 263 13th Avenue South, interim final rule does not create any regulatory provision specific to his or St. Petersburg, FL 33701. her fishery. This can be time consuming new rights or obligations; it reorganizes Instructions: Comments are the existing regulatory requirements in and confusing. In addition, some of the specificaly sought on the structure and current regulatory headings are not the Code of Federal Regulations in a format of the reorganization, not the sufficiently descriptive, e.g., ‘‘Species more logical format, i.e., by fishery, so regulations currently in effect, which specific limitations’’, or are rather constituents and other interested parties are outside the scope of this rulemaking. broad, e.g., ‘‘Limitations on traps or can locate regulatory requirements Comments sent by any other method, to pots.’’ NMFS has determined that the applicable to them more easily. As a any other address or individual, or current regulations need to be part of this reorganization, the received after the end of the comment reorganized to make them more user- implementing regulations for the Gulf period, may not be considered by friendly. and South Atlantic spiny lobster FMP NMFS. All comments received are a part This interim final rule reorganizes the have been consolidated into the same of the public record and will generally regulations for the 15 fisheries currently CFR part as all other regulations be posted for public viewing on in part 622 and reorganizes and implementing FMPs in the Caribbean, www.regulations.gov without change. incorporates the part 640 regulations Gulf of Mexico, and South Atlantic. All personal identifying information (Gulf and South Atlantic spiny lobster) This interim final rule also amends (e.g., name, address, etc.), confidential into part 622. With this incorporation, references to Paperwork Reduction Act business information, or otherwise all Magnuson-Stevens Act fisheries (PRA) collection-of-information sensitive information submitted regulations applicable to the Caribbean, requirements to reflect the voluntarily by the sender will be Gulf of Mexico, and South Atlantic are reorganization. Additionally, this publicly accessible. NMFS will accept now located in a single location, part interim final rule also amends anonymous comments (enter ‘‘N/A’’ in 622. references to incorporation by reference the required fields if you wish to remain This interim final rule reorganizes the (IBR) to reflect updated regulatory anonymous). Attachments to electronic part 622 regulations by fishery rather references for the Florida comments will be accepted in Microsoft than by category of management Administrative Code. The intended Word, Excel, or Adobe PDF file formats measures. Regulations specific to each effect of this interim final rule is to only. fishery are contained in a separate improve the organization of these Electronic copies of documents subpart within part 622. This allows a regulations and make them easier for supporting this interim final rule may constituent interested in the regulations constituents and others to use. be obtained from the Southeast Regional for a specific fishery to go directly to a DATES: This interim final rule is Office Web site at http:// subpart of the regulations that contains effective April 17, 2013, except: sero.nmfs.noaa.gov. all regulations specific to that fishery

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without sorting through regulations easier for most users to understand. suspended certain paragraphs within applicable to the other 15 fisheries. Although the defining coordinates for part 622 (see DATES section). Both added NMFS has determined that this the two definitions of ‘‘Off Florida’’ are and suspended paragraphs are included organization will be much more identical, this interim rule retains the in the regulatory text in this temporary efficient for the majority of constituents part 622 definition for clarity. In this final rule within instruction number 3, as well as other users. It should be noted interim final rule the two definitions of which revises part 622. Then the that, as is the case with the current ‘‘Import’’ are combined into one paragraphs that are suspended through regulations, some regulations that apply definition that maintains the these emergency and temporary rules broadly to numerous fisheries, e.g., geographical distinctions of the two are suspended in the regulatory text in purpose and scope, vessel separate definitions, with one this temporary final rule within identification, etc., are located in applicable to subpart R, Spiny Lobster instruction number 4. ‘‘General Provisions’’ within subpart A Fishery of the Gulf of Mexico and South Classification and, and where applicable, are in Atlantic, and the other applicable to addition to the regulations contained in Subpart T, Spiny Lobster Fishery of This interim final rule has been the specific fishery subparts. This was Puerto Rico and U.S. Virgin Islands. determined to be not significant for necessary to avoid unnecessary Additionally, this rule revises a purposes of Executive Order 12866. duplication. number of IBRs within the Federal This interim final rule contains To further improve the regulations, regulations. The Florida Administrative collection-of-information requirements this interim final rule uses more section Code has been reorganized and this rule subject to the PRA. These collection-of- headings to guide the users, makes some updates the existing references in 50 information requirements have already section headings more descriptive, and CFR part 622 to reflect the renumbering. been approved by the Office of eliminates some outdated regulatory This interim final rule revises the Management and Budget (OMB) and are text. In some cases, minor revisions to location of the existing IBR. not changed by this rule. This interim regulatory text have been made for This interim final rule also resolves final rule does not implement any new consistency or to improve clarity. This two minor errors that occurred in prior regulatory requirements; it reorganizes interim final rule does not add any rulemakings. First, prior to this existing regulatory requirements, regulatory requirements. reorganization of part 622, § 622.48, including collection-of-information Periodically NMFS reviews the ‘‘Adjustment of management measures’’, requirements, within part 622. Section regulations and removes outdated contained two paragraphs listing items 3507(c)(B)(i) of the PRA requires that regulatory text that is no longer relevant. for Caribbean corals that could be agencies inventory and display a current In this interim final rule, the following adjusted via framework procedures, control number assigned by the outdated text, referenced here as to its §§ 622.48(a) and 622.48(o), that were Director, OMB, for each agency section locations within the prior mostly redundant. As part of a prior information collection. 15 CFR 902.1(b) version of part 622, has been removed: rulemaking (76 FR 82414, December 30, identifies the location of NOAA In § 622.4, text related to South Atlantic 2011), § 622.48(a) was supposed to have regulations for which OMB approval rock shrimp provisions that expired in been removed but was inadvertently numbers have been issued. Because this 2010 and text related to Eastern Gulf retained. This interim final rule resolves rule reorganizes 50 CFR part 622 and, reef fish bottom longline endorsement that error by removing that old therefore, changes the location of NOAA initial eligibility, issuance, and appeals paragraph, § 622.48(a) and has regulations for which OMB numbers that is no longer relevant; in § 622.19, incorporated the old § 622.48(o) as have been issued, 15 CFR 902.1(b) is text regarding South Atlantic rock § 622.474(a) in this newly reorganized revised to reference correctly the new shrimp limited access endorsements part 622. Second, in the 1996 sections resulting from the and special permit application reorganization of part 622 (61 FR 34930, reorganization. provisions that expired in 2010; in July 3, 1996), § 622.46(a), relating to Notwithstanding any other provision § 622.20 outdated text related to initial prevention of gear conflict, was applied of the law, no person is required to Gulf grouper and tilefishes IFQ account to all fisheries governed by part 622. respond to, nor shall any person be set up information for initial Prior to the 1996 reorganization, the subject to a penalty for failure to comply shareholders and dealers; in § 622.37, a paragraph applied only to the Gulf with a collection of information, subject black sea bass size limit that expired shrimp fishery. This interim final rule to the requirement of the PRA, unless after 2007; and in § 622.49, text related corrects the error made in the 1996 that collection of information displays a to annual catch limits and reorganization by restricting application currently valid OMB control number. accountability measures that expired in of that paragraph to the Gulf shrimp This interim final rule does not add 2010 or 2011. fishery in newly reorganized § 622.59(a). or create any new rights or obligations; This interim final rule also slightly This interim rule’s resolution of these it only reorganizes existing regulatory revises some terminology to provide two errors results in a slightly less requirements into a format that makes consistency and clarity and to reduce restrictive regulatory effect. the regulations easier for constituents redundancy. As a consequence of NMFS previously published in the and others, including agency personnel, incorporating part 640 regulations into Federal Register a temporary rule to use. The Assistant Administrator for part 622, it was necessary to slightly implementing management measures for Fisheries, NOAA, (AA), finds good revise the definitions of ‘‘Carapace Gulf of Mexico gray triggerfish (77 FR cause under 5 U.S.C. 553(b)(B) to waive length’’ and ‘‘Off Florida’’ to resolve 67303, November 9, 2012), an prior notice and the opportunity for minor differences between these emergency rule implementing public comment. Providing prior notice definitions in the two parts, and account management measures for South and the opportunity for public comment for the two definitions of ‘‘Import’’. This Atlantic yellowtail snapper (77 FR would be contrary to the public interest interim final rule uses the definition of 66744, November 7, 2012), and an as delaying its implementation would ‘‘Carapace length’’ previously found in emergency rule implementing delay implementation of a part 640 because that definition was management measures for Gulf of reorganization of existing regulations recently updated to conform with Mexico red snapper (78 FR 17882, into a format that enhances the public’s Florida law and is less technical and March 25, 2013). Those rules added and ability to locate and understand the

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regulatory requirements applicable to ‘‘622.51’’, ‘‘622.51(a)(2)’’, ‘‘622.51(a)(3)’’, CFR part or section Current OMB control them. Providing prior notice and the ‘‘622.51(b)’’, ‘‘622.52’’, ‘‘622.53’’, where the information number opportunity for public comment would ‘‘622.70’’, ‘‘622.71’’, ‘‘622.75’’, collection requirement (all numbers begin also be impracticable, because ‘‘622.90(a)’’, ‘‘622.170’’, ‘‘622.170(c)’’, is located with 0648–) rulemaking would continue under the ‘‘622.171’’, ‘‘622.172’’, ‘‘622.176’’, 622.203(a) ...... ¥0591 old organization of the regulations ‘‘622.176’’(a)(2)’’, ‘‘622.176(b)(2)’’, 622.203(b) ...... ¥0013 during the comment period and could ‘‘622.176(c)’’, ‘‘622.176(d)’’, ‘‘622.177’’, 622.204 ...... ¥0593 cause confusion for constituents and for ‘‘622.178’’, ‘‘622.192(h)’’, ‘‘622.200’’, 622.205 ...... ¥0544 fishery managers. For the same reasons, ‘‘622.200(c)’’, ‘‘622.201’’, ‘‘622.203’’, 622.207 ...... ¥0345 the AA, under 5 U.S.C. 553(d)(3), for ‘‘622.203(a)’’, ‘‘622.203(b)’’, ‘‘622.204’’, 622.220 ...... ¥0205 ¥ good cause waives the requirement to ‘‘622.205’’, ‘‘622.207’’, ‘‘622.220’’, 622.221 ...... 0016 622.225 ...... ¥0205 delay for 30 days the effectiveness of ‘‘622.221’’, ‘‘622.225’’, ‘‘622.240’’, 622.240 ...... ¥0205 this rule. ‘‘622.240(b)’’, ‘‘622.241’’, ‘‘622.242’’, 622.240(b) ...... ¥0013 Because prior notice and opportunity ‘‘622.242(b)’’, ‘‘622.243’’, ‘‘622.244’’, 622.241 ...... ¥0205 for public comment are not required for ‘‘622.270’’, ‘‘622.270(d)’’, ‘‘622.271’’, 622.242 ...... ¥0016 this rule by 5 U.S.C. 553 or any other ‘‘622.271(c)’’, ‘‘622.300’’, ‘‘622.370’’, 622.242(b) ...... ¥0013 law, the analytical requirements of the ‘‘622.371’’, ‘‘622.372’’, ‘‘622.373’’, 622.243 ...... ¥0359 Regulatory Flexibility Act, 5 U.S.C. 601 ‘‘622.374’’, ‘‘622.374(c)’’, ‘‘622.376’’, 622.244 ...... ¥0593 622.270 ...... ¥0205 et seq. are inapplicable. Accordingly, no ‘‘622.400’’, ‘‘622.402’’, ‘‘622.430’’, ¥ Regulatory Flexibility Analysis is 622.270(d) ...... 0013 ‘‘622.450’’, ‘‘622.470’’, ‘‘622.473’’ are 622.271 ...... ¥0016 required and none has been prepared. added in numerical order to read as 622.271(c) ...... ¥0013 If any significant, inadvertent follows: 622.300 ...... ¥0593 regulatory effects are identified during 622.370 ...... ¥0205 § 902.1 OMB control numbers assigned public comment, appropriate changes 622.371 ...... ¥0205 pursuant to the Paperwork Reduction Act. will be made in the final rule. 622.372 ...... ¥0205 * * * * * 622.373 ...... ¥0205 List of Subjects (b) * * * 622.374 ...... ¥0016 ¥ 15 CFR Part 902 622.374(c) ...... 0013 CFR part or section Current OMB control 622.376 ...... ¥0359 Reporting and recordkeeping where the information number 622.400 ...... ¥0205 requirements. collection requirement (all numbers begin 622.402 ...... ¥0358 and ¥0359 is located with 0648–) 622.430 ...... ¥0359 50 CFR Part 622 622.450 ...... ¥0359 622.470 ...... ¥0205 Fisheries, Fishing, Incorporation by ***** 622.473 ...... ¥0013 reference, Puerto Rico, Reporting and 50 CFR recordkeeping requirements, Virgin ***** Islands. ***** 622.4 ...... ¥0013 and ¥0205 50 CFR Part 640 622.5 ...... ¥0016 50 CFR Chapter VI—[Amended] Fisheries, Fishing, Reporting and 622.6 ...... ¥0358 ■ 3. Part 622 is revised to read as ¥ recordkeeping requirements. 622.20 ...... 0205 follows: 622.21 ...... ¥0551 Dated: April 3, 2013. 622.22 ...... ¥0551 PART 622—FISHERIES OF THE Alan D. Risenhoover, 622.26 ...... ¥0013 and ¥0016 ¥ CARIBBEAN, GULF OF MEXICO, AND Director, Office of Sustainable Fisheries, 622.27 ...... 0593 ¥ SOUTH ATLANTIC performing the functions and duties of the 622.28 ...... 0544 ¥ Deputy Assistant Administrator for 622.50 ...... 0205 Subpart A—General Provisions 622.51 ...... ¥0016 Regulatory Programs, National Marine ¥ Sec. Fisheries Service. 622.51(a)(2) ...... 0543 622.51(a)(3) ...... ¥0542 622.1 Purpose and scope. For the reasons set out in the 622.51(b) ...... ¥0013 622.2 Definitions and acronyms. preamble, 15 CFR chapter IX and 50 622.52 ...... ¥0593 622.3 Relation to other laws and CFR chapter VI are amended as follows: 622.53 ...... ¥0345 regulations. 622.70 ...... ¥0205 622.4 Permits and fees—general. 15 CFR Chapter IX—[Amended] 622.71 ...... ¥0016 622.5 Recordkeeping and reporting— 622.75 ...... ¥0205 general. PART 902—NOAA INFORMATION 622.90(a) ...... ¥0013 622.6 Vessel identification. COLLECTION REQUIREMENTS UNDER 622.170 ...... ¥0205 622.7 Fishing years. THE PAPERWORK REDUCTION ACT: 622.170(c) ...... ¥0013 622.8 Quotas—general. OMB CONTROL NUMBERS 622.171 ...... ¥0205 622.9 Prohibited gear and methods— 622.172 ...... ¥0013 and ¥0551 general. ■ 1. The authority citation for part 902 622.176 ...... ¥0016 622.10 Landing fish intact—-general. ¥ continues to read as follows: 622.176(a)(2) ...... 0593 622.11 Bag and possession limits—general 622.176(b)(2) ...... ¥0593 applicability. Authority: 44 U.S.C. 3501 et seq. 622.176(c) ...... ¥0013 622.12 Annual catch limits (ACLs) and ■ 622.176(d) ...... ¥0593 accountability measures (AMs) for 2. In § 902.1, paragraph (b) table, in ¥ the entries for 50 CFR, the entries 622.177 ...... 0359 Caribbean island management areas/ 622.178 ...... ¥0603 Caribbean EEZ. ‘‘640.4’’ and ‘‘640.6’’ column are 622.192(h) ...... ¥0365 622.13 Prohibitions—general. removed; the entries ‘‘622.4’’, ‘‘622.5’’, 622.200 ...... ¥0205 622.14 Area closures related to the ‘‘622.6’’, and ‘‘622.20’’ are revised; and 622.200(c) ...... ¥0013 Deepwater Horizon oil spill. new entries ‘‘622.21’’, ‘‘622.22’’, 622.201 ...... ¥0205 622.15 Notice regarding area closures to ‘‘622.26’’, ‘‘622.27’’, ‘‘622.28’’, ‘‘622.50, 622.203 ...... ¥0016 protect corals.

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622.16 Notice regarding South Atlantic 622.92 Adjustment of management Subpart L—Golden Crab Fishery of the special management zones (SMZs). measures. South Atlantic Region 622.17 Notice regarding seasonal/area 622.93 Prohibitions. 622.240 Permits. closures to protect Gulf reef fish. Subparts F–H [Reserved] 622.241 South Atlantic golden crab Subpart B—Reef Fish Resources of the Gulf controlled access. of Mexico Subpart I—Snapper-Grouper Fishery of the 622.242 Recordkeeping and reporting. South Atlantic Region 622.243 Gear identification. 622.20 Permits and endorsements. 622.244 At-sea observer coverage. 622.21 Individual fishing quota (IFQ) 622.170 Permits and endorsements. 622.171 South Atlantic snapper-grouper 622.245 Prohibited species. program for Gulf red snapper. 622.246 Area closures. limited access. 622.22 Individual fishing quota (IFQ) 622.247 Landing golden crab intact. 622.172 Wreckfish individual transferable program for Gulf groupers and tilefishes. 622.248 Authorized gear. 622.23–622.24 [Reserved] quota (ITQ) system. 622.249 Gear restrictions and requirements. 622.25 Exemptions for the Gulf groundfish 622.173–622.175 [Reserved] 622.250 Restrictions on sale/purchase. trawl fishery. 622.176 Recordkeeping and reporting. 622.251 Annual catch limits (ACLs), annual 622.26 Recordkeeping and reporting. 622.177 Gear identification. catch targets (ACTs), and accountability 622.27 At-sea observer coverage. 622.178 At-sea observer coverage. measures (AMs). 622.28 Vessel monitoring systems (VMSs). 622.179 Conservation measures for 622.252 Adjustment of management 622.29 Conservation measures for protected protected species. measures. resources. 622.180 Prohibited gear and methods. 622.253 Prohibitions. 622.30 Required fishing gear. 622.181 Prohibited and limited-harvest Subpart M—Dolphin and Wahoo Fishery Off 622.31 Buoy gear identification. species. the Atlantic States 622.32 Prohibited gear and methods. 622.182 Gear-restricted areas. 622.33 Prohibited species. 622.183 Area and seasonal closures. 622.270 Permits. 622.34 Seasonal and area closures designed 622.184 Seasonal harvest limitations. 622.271 Recordkeeping and reporting. to protect Gulf reef fish. 622.185 Size limits. 622.272 Authorized gear. 622.35 Gear restricted areas. 622.186 Landing fish intact. 622.273 Conservation measures for 622.36 Seasonal harvest limitations. 622.187 Bag and possession limits. protected species. 622.37 Size limits. 622.188 Required gear, authorized gear, and 622.274 Pelagic longline closed areas. 622.38 Bag and possession limits. unauthorized gear. 622.275 Size limits. 622.39 Quotas. 622.189 Restrictions and requirements for 622.276 Landing fish intact. 622.40 Restrictions on sale/purchase. sea bass pots. 622.277 Bag and possession limits. 622.41 Annual catch limits (ACLs), annual 622.190 Quotas. 622.278 Commercial trip limits. catch targets (ACTs), and accountability 622.191 Commercial trip limits. 622.279 Restrictions on sale/purchase. measures (AMs). 622.192 Restrictions on sale/purchase. 622.280 Annual catch limits (ACLs) and 622.42 Adjustment of management 622.193 Annual catch limits (ACLs), annual accountability measures (AMs). measures. catch targets (ACTs), and accountability 622.281 Adjustment of management measures. 622.43 Commercial trip limits. measures (AMs). 622.282 Prohibitions. 622.44 Prohibitions. 622.194 Adjustment of management Subpart C—Shrimp Fishery of the Gulf of measures. Subpart N—Pelagic Sargassum Habitat of Mexico 622.195 Prohibitions. the South Atlantic Region 622.50 Permits and fees. Subpart J—Shrimp Fishery of the South 622.300 At-sea observer coverage. 622.51 Recordkeeping and reporting. Atlantic Region 622.301 Area and seasonal restrictions. 622.302 Minimum mesh size. 622.52 At-sea observer coverage. 622.200 Permits. 622.53 Bycatch reduction device (BRD) 622.303 Quotas. 622.201 South Atlantic rock shrimp limited 622.304 Prohibitions. requirements. access. 622.54 Prohibited gear and methods. 622.202 [Reserved] Subparts O–P [Reserved] 622.55 Closed areas. 622.203 Recordkeeping reporting. 622.56 Size limits. Subpart Q—Coastal Migratory Pelagic 622.204 At-sea observer coverage. Resources (Gulf of Mexico and South 622.57 Quotas. 622.205 Vessel monitoring systems (VMSs). 622.58 Annual catch limits (ACLs), annual Atlantic) 622.206 Area and seasonal closures. catch targets (ACTs), and accountability 622.207 Bycatch Reduction Device (BRD) 622.370 Permits. measures (AMs). 622.371 Limited access system for requirements. 622.59 Prevention of gear conflicts. commercial vessel permits for king 622.208 Minimum mesh size applicable to 622.60 Adjustment of management mackerel. rock shrimp off Georgia and Florida. measures. 622.372 Limited access system for king 622.61 Prohibitions. 622.209 Restrictions on sale/purchase. mackerel gillnet permits applicable in 622.210 Adjustment of management the southern Florida west coast subzone. Subpart D—Coral and Coral Reefs of the measures. 622.373 Limited access system for charter Gulf of Mexico 622.211 Prohibitions. vessel/headboat permits for Gulf coastal 622.70 Permits. Subpart K—Coral, Coral Reefs, and Live/ migratory pelagic fish. 622.71 Recordkeeping and reporting. Hard Bottom Habitats of the South Atlantic 622.374 Recordkeeping and reporting. 622.72 Prohibited gear and methods. Region 622.375 Authorized and unauthorized gear. 622.73 Prohibited species. 622.376 Gear identification. 622.74 Area closures to protect Gulf corals. 622.220 Permits. 622.377 Gillnet restrictions. 622.75 Harvest limitations. 622.221 Recordkeeping and reporting. 622.378 Seasonal closures of the Gulf group 622.76 Restrictions on sale/purchase. 622.222 Prohibited gear and methods. king mackerel gillnet fishery. 622.77 Adjustment of management 622.223 Prohibited species. 622.379 Purse seine incidental catch measures. 622.224 Area closures to protect South allowance. 622.78 Prohibitions. Atlantic corals. 622.380 Size limits. 622.225 Harvest limitations. 622.381 Landing fish intact. Subpart E—Red Drum Fishery of the Gulf of 622.226 Restrictions on sale/purchase. 622.382 Bag and possession limits. Mexico 622.227 Adjustment of management 622.383 Limited harvest species. 622.90 Recordkeeping and reporting. measures. 622.384 Quotas. 622.91 Prohibited species. 622.228 Prohibitions. 622.385 Commercial trip limits.

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622.386 Restrictions on sale/purchase. 622.439 Annual catch limits (ACLs), annual 622.496 Annual catch limits (ACLs), annual 622.387 Prevention of gear conflicts. catch targets (ACTs), and accountability catch targets (ACTs), and accountability 622.388 Annual catch limits (ACLs), annual measures (AMs). measures (AMs). catch targets (ACTs), and accountability 622.440 Adjustment of management 622.497 Adjustment of management measures (AMs). measures. measures. 622.389 Adjustment of management 622.441 Prohibitions. 622.498 Prohibitions. measures. Appendix A to Part 622—Species Tables 622.390 Prohibitions. Subpart T—Spiny Lobster Fishery of Puerto Appendix B to Part 622—Gulf Areas Rico and the U.S. Virgin Islands Appendix C to Part 622—Fish Length Subpart R—Spiny Lobster Fishery of the 622.450 Gear identification. Measurements Gulf of Mexico and South Atlantic 622.451 Trap construction specifications Appendix D to Part 622—Specifications for 622.400 Permits and fees. and tending restrictions. Certified BRDs 622.401 Recordkeeping and reporting. 622.452 Prohibited gear and methods. Appendix E to Part 622–-Caribbean Island/ [Reserved] 622.453 Prohibition on harvest of egg- Island Group Management Areas 622.402 Vessel and gear identification. bearing spiny lobster. Appendix F to Part 622—Specifications for 622.403 Seasons. 622.454 Minimum size limit. Sea Turtle Mitigation Gear and Sea 622.404 Prohibited gear and methods. 622.455 Landing spiny lobster intact. Turtle Handling and Release 622.405 Trap construction specifications 622.456 Bag limit. Requirements and tending restrictions. 622.457 Annual catch limits (ACLs), annual Authority: 16 U.S.C. 1801 et seq. 622.406 Areas closed to lobster trap gear. catch targets (ACTs), and accountability 622.407 Minimum size limits and other measures (AMs). Subpart A—General Provisions harvest limitations. 622.458 Caribbean spiny lobster import 622.408 Bag/possession limits. § 622.1 Purpose and scope. 622.409 Spiny lobster import prohibitions. prohibitions. 622.410 Restrictions within Tortugas 622.459 Adjustment of management (a) The purpose of this part is to marine reserves. measures. implement the FMPs prepared under 622.411 Annual catch limits (ACLs), annual 622.460 Prohibitions. the Magnuson-Stevens Act by the catch targets (ACTs), and accountability Subpart U—Corals and Reef Associated CFMC, GMFMC, and/or SAFMC listed measures (AMs). Plants and Invertebrates of Puerto Rico and in Table 1 of this section. 622.412 Adjustment of management the U.S. Virgin Islands (b) This part governs conservation and measures. management of species included in the 622.413 Incorporation by reference. 622.470 Permits. 622.471 Prohibited gear and methods. FMPs in or from the Caribbean, Gulf, 622.414 Prohibitions. Mid-Atlantic, South Atlantic, or 622.415 Limited exemption regarding 622.472 Prohibited species. harvest in waters of a foreign nation. 622.473 Restrictions on sale/purchase. Atlantic EEZ, unless otherwise 622.474 Adjustment of management specified, as indicated in Table 1 of this Subpart S—Reef Fish Fishery of Puerto measures. section. For the FMPs noted in the Rico and the U.S. Virgin Islands 622.475 Prohibitions. following table, conservation and 622.430 Gear identification. Subpart V—Queen Conch Resources of management extends to adjoining state 622.431 Trap construction specifications Puerto Rico and the U.S. Virgin Islands waters for the purposes of data and tending restrictions. collection and monitoring. 622.490 Prohibited gear and methods. 622.432 Anchoring restriction. (c) This part also governs importation 622.433 Prohibited gear and methods. 622.491 Seasonal and area closures. 622.434 Prohibited species. 622.492 Minimum size limit. of Caribbean spiny lobster into Puerto 622.435 Seasonal and area closures. 622.493 Landing Caribbean queen conch Rico or the U.S. Virgin Islands. 622.436 Size limits. intact. (d) This part also governs importation 622.437 Bag limits. 622.494 Bag limit. of spiny lobster into any place subject 622.438 Restrictions on sale/purchase. 622.495 Commercial trip limit. to the jurisdiction of the United States.

TABLE 1 TO § 622.1—FMPS IMPLEMENTED UNDER PART 622

Responsible fishery FMP title management Geographical area council(s)

FMP for Coastal Migratory Pelagic Resources ...... GMFMC/SAFMC Gulf 1, Mid-Atlantic 1 South Atlantic.1 FMP for Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South Atlantic Region ...... SAFMC ...... South Atlantic.5 FMP for Coral and Coral reefs of the Gulf of Mexico ...... GMFMC ...... Gulf. FMP for Corals and Reef Associated Plants and Invertebrates of Puerto Rico and the U.S. Vir- CFMC ...... Caribbean. gin Islands. FMP for the Dolphin and Wahoo Fishery off the Atlantic States ...... SAFMC ...... Atlantic. FMP for the Golden Crab Fishery of the South Atlantic Region ...... SAFMC ...... South Atlantic. FMP for Pelagic Sargassum Habitat of the South Atlantic Region ...... SAFMC ...... South Atlantic. FMP for Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands ...... CFMC ...... Caribbean. FMP for the Red Drum Fishery of the Gulf of Mexico ...... GMFMC ...... Gulf.1 FMP for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands ...... CFMC ...... Caribbean. FMP for the Reef Fish Resources of the Gulf of Mexico ...... GMFMC ...... Gulf.134 FMP for the Shrimp Fishery of the Gulf of Mexico ...... GMFMC ...... Gulf.1 FMP for the Shrimp Fishery of the South Atlantic Region ...... SAFMC ...... South Atlantic. FMP for the Snapper-Grouper Fishery of the South Atlantic Region ...... SAFMC ...... South Atlantic.12 FMP for the Spiny Lobster Fishery of Puerto Rico and the U.S. Virgin Islands ...... CFMC ...... Caribbean. FMP for the Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic ...... GMFMC/SAFMC Gulf 1, South Atlantic.1 1 Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.

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2 Black sea bass and scup are not managed by the FMP or regulated by this part north of 35°15.9′ N. lat., the latitude of Cape Hatteras Light, NC. 3 Regulated area includes adjoining state waters for Gulf red snapper harvested or possessed by a person aboard a vessel for which a Gulf red snapper IFQ vessel account has been established or possessed by a dealer with a Gulf IFQ dealer endorsement. 4 Regulated area includes adjoining state waters for Gulf groupers and tilefishes harvested or possessed by a person aboard a vessel for which an IFQ vessel account for Gulf groupers and tilefishes has been established or possessed by a dealer with a Gulf IFQ dealer endorse- ment. 5 Octocorals are managed by the FMP or regulated by this part only in the EEZ off North Carolina, South Carolina, and Georgia.

§ 622.2 Definitions and acronyms. (2) Any person so designated by the body, or front section) of a spiny lobster In addition to the definitions in the head of any Federal or State agency that from the anteriormost edge (front) of the Magnuson Act and in § 600.10 of this has entered into an agreement with the groove between the horns directly above chapter, and the acronyms in § 600.15 of Assistant Administrator to collect the eyes, along the middorsal line this chapter, the terms and acronyms fishery data. (middle of the back), to the rear edge of used in this part have the following Automatic reel means a reel that the top part of the carapace, excluding meanings: remains attached to a vessel when in any translucent membrane. (See Figure Accountability measure means a use from which a line and attached 1 in Appendix C of this part.) management control implemented such hook(s) are deployed. The line is payed Caribbean means the Caribbean Sea that overfishing is prevented, where out from and retrieved on the reel and Atlantic Ocean seaward of Puerto possible, and mitigated if it occurs. electrically or hydraulically. Rico, the U.S. Virgin Islands, and Actual ex-vessel price means the total Bandit gear means a rod and reel that possessions of the United States in the monetary sale amount a fisherman remain attached to a vessel when in use Caribbean Sea. receives per pound of fish for IFQ from which a line and attached hook(s) Caribbean coral reef resource means landings from a registered IFQ dealer are deployed. The line is payed out from one or more of the species, or a part before any deductions are made for and retrieved on the reel manually, thereof, listed in Table 1 in Appendix A transferred (leased) allocation and goods electrically, or hydraulically. of this part, whether living or dead. Bottom longline means a longline that and services (e.g. bait, ice, fuel, repairs, Caribbean prohibited coral means, in is deployed, or in combination with gear machinery replacement, etc.). the Caribbean; a gorgonian, that is, a aboard the vessel, e.g., weights or Allowable chemical means a Caribbean coral reef resource of the anchors, is capable of being deployed to substance, generally used to immobilize Class Anthozoa, Subclass Octocorallia, maintain contact with the ocean bottom. Order Gorgonacea; a live rock; or a stony marine life so that it can be captured BRD means bycatch reduction device. alive, that, when introduced into the Bully net means a circular frame coral, that is, a Caribbean coral reef water, does not take Gulf and South attached at right angles to the end of a resource of the Class Hydrozoa (fire Atlantic prohibited coral and is allowed pole and supporting a conical bag of corals and hydrocorals) or of the Class by Florida for the harvest of tropical fish webbing. The webbing is usually held Anthozoa, Subclass Hexacorallia, (e.g., quinaldine, quinaldine up by means of a cord which is released Orders Scleractinia (stony corals) and compounds, or similar substances). when the net is dropped over a lobster. Antipatharia (black corals); or a part Allowable octocoral means an erect, Buoy gear means fishing gear that thereof. nonencrusting species of the subclass fishes vertically in the water column Caribbean queen conch or queen Octocorallia, except the seafans that consists of a single drop line conch means the species, Strombus Gorgonia flabellum and G. ventalina, suspended from a float, from which no gigas, or a part thereof. plus the attached substrate within 1 more than 10 hooks can be connected Caribbean reef fish means one or more inch (2.54 cm) of an allowable octocoral. between the buoy and the terminal end, of the species, or a part thereof, listed (Note: An erect, nonencrusting species and the terminal end contains a weight in Table 2 in Appendix A of this part. of the subclass Octocorallia, except the that is no more than 10 lb (4.5 kg). The Caribbean spiny lobster or spiny seafans Gorgonia flabellum and G. drop line can be rope (hemp, manila, lobster means the species Panulirus ventalina, with attached substrate cotton or other natural fibers; nylon, argus, or a part thereof. exceeding 1 inch (2.54 cm) is polypropylene, spectra or other CFMC means the Caribbean Fishery considered to be live rock and not synthetic material) or monofilament, but Management Council. allowable octocoral.) must not be cable or wire. The gear is Charter vessel means a vessel less Annual catch limit (ACL) means the free-floating and not connected to other than 100 gross tons (90.8 mt) that is level of catch that serves as the basis for gear or the vessel. The drop line must subject to the requirements of the USCG invoking accountability measures. be no greater than 2 times the depth of to carry six or fewer passengers for hire Annual catch target (ACT) means an the water being fished. All hooks must and that engages in charter fishing at amount of annual catch of a stock or be attached to the drop line no more any time during the calendar year. A stock complex that is the management than 30 ft (9.1 m) from the weighted charter vessel with a commercial target of the fishery, and accounts for terminal end. These hooks may be permit, as required under this part, is management uncertainty in controlling attached directly to the drop line; considered to be operating as a charter the actual catch at or below the ACL. attached as snoods (defined as an vessel when it carries a passenger who Aquacultured live rock means live offshoot line that is directly spliced, tied pays a fee or when there are more than rock that is harvested under a Federal or otherwise connected to the drop three persons aboard, including operator aquacultured live rock permit, as line), where each snood has a single and crew, except for a charter vessel required under § 622.70(a)(2). terminal hook; or as gangions (defined with a commercial vessel permit for Atlantic means the North Atlantic, as an offshoot line connected to the Gulf reef fish. A charter vessel that has Mid-Atlantic, and South Atlantic. drop line with some type of detachable a charter vessel permit for Gulf reef fish Authorized statistical reporting agent clip), where each gangion has a single and a commercial vessel permit for Gulf means: terminal hook. reef fish is considered to be operating as (1) Any person so designated by the Carapace length means the a charter vessel when it carries a SRD; or measurement of the carapace (head, passenger who pays a fee or when there

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are more than four persons aboard, speckled hind, blueline tilefish, queen Gulf and South Atlantic prohibited including operator and crew. A charter snapper, and silk snapper. coral means, in the Gulf and South vessel that has a charter vessel permit Dehooking device means a device Atlantic, one or more of the following, for Gulf reef fish, a commercial vessel intended to remove a hook embedded in or a part thereof: permit for Gulf reef fish, and a valid a fish to release the fish with minimum (1) Coral belonging to the Class Certificate of Inspection (COI) issued by damage. Hydrozoa (fire corals and hydrocorals). the USCG to carry passengers for hire Dolphin means a whole fish, or a part (2) Coral belonging to the Class will not be considered to be operating there of, of the species Coryphaena Anthozoa, Subclass Hexacorallia, as a charter vessel provided— equiselis or C. hippurus. Orders Scleractinia (stony corals) and (1) It is not carrying a passenger who Drift gillnet, for the purposes of this Antipatharia (black corals). pays a fee; and part, means a gillnet, other than a long (3) A seafan, Gorgonia flabellum or G. (2) When underway for more than 12 gillnet or a run-around gillnet, that is ventalina. hours, that vessel meets, but does not unattached to the ocean bottom, (4) Coral in a coral reef, except for exceed the minimum manning regardless of whether attached to a allowable octocoral. requirements outlined in its COI for vessel. (5) Coral in an HAPC, including vessels underway over 12 hours; or Fish trap means— allowable octocoral. Handline means a line with attached when underway for not more than 12 (1) In the Caribbean EEZ, a trap and hook(s) that is tended directly by hand. hours, that vessel meets the minimum its component parts (including the lines HAPC means habitat area of particular manning requirements outlined in its and buoys), regardless of the concern. COI for vessels underway for not more construction material, used for or Headboat means a vessel that holds a than 12-hours (if any), and does not capable of taking finfish. valid Certificate of Inspection (COI) exceed the minimum manning (2) In the Gulf EEZ, a trap and its issued by the USCG to carry more than requirements outlined in its COI for component parts (including the lines six passengers for hire. vessels that are underway for more than and buoys), regardless of the (1) A headboat with a commercial 12 hours. construction material, used for or vessel permit, as required under this Circle hook means a fishing hook capable of taking finfish, except a trap part, is considered to be operating as a designed and manufactured so that the historically used in the directed fishery headboat when it carries a passenger point is turned perpendicularly back to for crustaceans (that is, blue crab, stone who pays a fee or— the shank to form a generally circular, crab, and spiny lobster). (i) In the case of persons aboard or oval, shape. (3) In the South Atlantic EEZ, a trap fishing for or possessing South Atlantic Coastal migratory pelagic fish means and its component parts (including the snapper-grouper, when there are more a whole fish, or a part thereof, of one or lines and buoys), regardless of the persons aboard than the number of crew more of the following species: construction material, used for or specified in the vessel’s COI; or (1) Cobia, Rachycentron canadum. capable of taking fish, except a sea bass (ii) In the case of persons aboard (2) King mackerel, Scomberomorus pot, a golden crab trap, or a crustacean fishing for or possessing coastal cavalla. trap (that is, a type of trap historically migratory pelagic fish, when there are (3) Spanish mackerel, Scomberomorus used in the directed fishery for blue more than three persons aboard, maculatus. crab, stone crab, red crab, jonah crab, or including operator and crew. Commercial fishing means, for the spiny lobster and that contains at any (2) However a vessel that has a purpose of subpart R of this part only, time not more than 25 percent, by headboat permit for Gulf reef fish, a any fishing or fishing activities which number, of fish other than blue crab, commercial vessel permit for Gulf reef result in the harvest of any marine or stone crab, red crab, jonah crab, and fish, and a valid COI issued by the freshwater organisms, one or more of spiny lobster). USCG to carry passengers for hire will which (or parts thereof) is sold, traded, Fork length means the straight-line not be considered to be operating as a or bartered. distance from the tip of the head (snout) headboat provided–- Coral area means marine habitat in to the rear center edge of the tail (caudal (i) It is not carrying a passenger who the Gulf or South Atlantic EEZ where fin). (See Figure 2 in Appendix C of this pays a fee; and coral growth abounds, including patch part.) (ii) When underway for more than 12 reefs, outer bank reefs, deep water Golden crab means the species hours, that vessel meets, but does not banks, and hard bottoms. Chaceon fenneri, or a part thereof. exceed the minimum manning Dealer, in addition to the definition Golden crab trap means any trap used requirements outlined in its COI for specified in § 600.10 of this chapter, or possessed in association with a vessels underway over 12 hours; or means the person who first receives directed fishery for golden crab in the when underway for not more than 12 rock shrimp harvested from the EEZ or South Atlantic EEZ, including any trap hours, that vessel meets the minimum dolphin or wahoo harvested from the that contains a golden crab in or from manning requirements outlined in its Atlantic EEZ upon transfer ashore. the South Atlantic EEZ or any trap on COI for vessels underway for not more Deep-water grouper (DWG) means, in board a vessel that possesses golden than 12-hours (if any), and does not the Gulf, yellowedge grouper, warsaw crab in or from the South Atlantic EEZ. exceed the minimum manning grouper, snowy grouper, and speckled GMFMC means the Gulf of Mexico requirements outlined in its COI for hind. In addition, for the purposes of Fishery Management Council. vessels that are underway for more than the IFQ program for Gulf groupers and Gulf means the Gulf of Mexico. The 12 hours. tilefishes in § 622.22, scamp are also line of demarcation between the Headrope length means the distance, included as DWG as specified in Atlantic Ocean and the Gulf of Mexico measured along the forwardmost § 622.22(a)(7). is specified in § 600.105(c) of this webbing of a trawl net, between the Deep-water snapper-grouper (DWSG) chapter. points at which the upper lip (top edge) means, in the South Atlantic, Gulf reef fish means one or more of of the mouth of the net are attached to yellowedge grouper, misty grouper, the species, or a part thereof, listed in sleds, doors, or other devices that warsaw grouper, snowy grouper, Table 3 in Appendix A of this part. spread the net.

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Hook-and-line gear means automatic SAFMC, as specified in § 600.105(b) of Off Monroe County, Florida means the reel, bandit gear, buoy gear, handline, this chapter. area from the Florida coast to the outer longline, and rod and reel. Migratory group, for king mackerel, limit of the EEZ between a line Hoop net means a frame, circular or Spanish mackerel, and cobia, means a extending directly east from the Dade/ otherwise, supporting a shallow bag of group of fish that may or may not be a Monroe County, Florida boundary webbing and suspended by a line and separate genetic stock, but that is treated (25°20.4′ N. latitude) and a line bridles. The net is baited and lowered as a separate stock for management extending directly west from the to the ocean bottom, to be raised rapidly purposes. King mackerel, Spanish Monroe/Collier County, Florida at a later time to prevent the escape of mackerel, and cobia are divided into boundary (25°48.0′ N. latitude). lobster. migratory groups—the boundaries Off North Carolina means the waters IFQ means individual fishing quota. between these groups are as follows: in the South Atlantic from 36°34′55″ N. Import means— (1) King mackerel—(i) Summer lat., which is a line directly east from (1) For the purpose of § 622.1(c) and separation. From April 1 through the Virginia/North Carolina boundary, subpart T of this part only—To land on, October 31, the boundary separating the to a line extending in a direction of bring into, or introduce into, or attempt Gulf and Atlantic migratory groups of 135°34′55″ from true north from the to land on, bring into, or introduce into, king mackerel is 25°48′ N. lat., which is North Carolina/South Carolina Puerto Rico or the U.S. Virgin Islands, a line directly west from the Monroe/ boundary, as marked by the border whether or not such landing, bringing, Collier County, FL, boundary to the station on Bird Island at 33°51′07.9″ N. or introduction constitutes an outer limit of the EEZ. lat., 78°32′32.6″ W. long. importation within the meaning of the (ii) Winter separation. From Off South Carolina means the waters customs laws of the United States; November 1 through March 31, the in the South Atlantic from a line (2) For the purpose of § 622.1(d) and boundary separating the Gulf and extending in a direction of 135°34′55″ subpart R of this part only—To land on, Atlantic migratory groups of king from true north from the North bring into, or introduce into, or attempt mackerel is 29°25′ N. lat., which is a Carolina/South Carolina boundary, as to land on, bring into, or introduce into, line directly east from the Volusia/ marked by the border station on Bird any place subject to the jurisdiction of Flagler County, FL, boundary to the Island at 33°51′07.9″ N. lat., 78° 32′32.6″ the United States, whether or not such outer limit of the EEZ. W. long., to a line extending in a landing, bringing, or introduction (2) Spanish mackerel. The boundary direction of 104° from true north from constitutes an importation within the separating the Gulf and Atlantic the seaward terminus of the South meaning of the customs laws of the migratory groups of Spanish mackerel is Carolina/Georgia boundary. United States; 25°20.4′ N. lat., which is a line directly Off Texas means the waters in the (3) But does not include any activity east from the Miami-Dade/Monroe Gulf west of a rhumb line from 29°32.1′ described in paragraph (1) or (2) of this County, FL, boundary to the outer limit N. lat., 93°47.7′ W. long. to 26°11.4′ N. definition with respect to fish caught in of the EEZ. lat., 92°53′ W. long., which line is an the U.S. exclusive economic zone by a (3) Cobia. The boundary separating extension of the boundary between vessel of the United States. Louisiana and Texas. Live rock means living marine the Gulf and Atlantic migratory groups organisms, or an assemblage thereof, of cobia is the line of demarcation Off the Gulf states, other than Florida attached to a hard substrate, including between the Atlantic Ocean and the means the area from the coast to the dead coral or rock (excluding individual Gulf of Mexico, as specified in outer limit of the EEZ between the § 600.105(c) of this chapter. Texas/Mexico border to the Alabama/ mollusk shells). ° ′ ″ Live well means a shaded container MPA means marine protected area. Florida boundary (87 31 06 W. long.). used for holding live lobsters aboard a North Atlantic means the Atlantic Off the southern Atlantic states, other vessel in which aerated seawater is Ocean off the Atlantic coastal states than Florida means the area from the continuously circulated from the sea. from the boundary between the United coast to the outer limit of the EEZ Circulation of seawater at a rate that States and Canada to the boundary between the Virginia/North Carolina between the New England Fishery boundary (36°34′55″ N. lat.) to the replaces the water at least every 8 ° ′ ″ minutes meets the requirement for Management Council and the MAFMC, Georgia/Florida boundary (30 42 45.6 aeration. as specified in § 600.105(a) of this N. lat.). Long gillnet means a gillnet that has chapter. Official sunrise or official sunset a float line that is more than 1,000 yd Off Florida means the waters in the means the time of sunrise or sunset as (914 m) in length. Gulf and South Atlantic from determined for the date and location in Longline means a line that is deployed 30°42′45.6″ N. lat., which is a line The Nautical Almanac, prepared by the horizontally to which gangions and directly east from the seaward terminus U.S. Naval Observatory. hooks are attached. A longline may be of the Georgia/Florida boundary, to Pelagic longline means a longline that a bottom longline, i.e., designed for use 87°31′06″ W. long., which is a line is suspended by floats in the water on the bottom, or a pelagic longline, i.e., directly south from the Alabama/Florida column and that is not fixed to or in designed for use off the bottom. The boundary. contact with the ocean bottom. longline hauler may be manually, Off Georgia means the waters in the Pelagic sargassum means the species electrically, or hydraulically operated. South Atlantic from a line extending in Sargassum natans or S. fluitans, or a MAFMC means the Mid-Atlantic a direction of 104° from true north from part thereof. Fishery Management Council. the seaward terminus of the South Penaeid shrimp means one or more of Mid-Atlantic means the Atlantic Carolina/Georgia boundary to the following species, or a part thereof: Ocean off the Atlantic coastal states 30°42′45.6″ N. lat., which is a line (1) Brown shrimp, Farfantepenaeus from the boundary between the New directly east from the seaward terminus aztecus. England Fishery Management Council of the Georgia/Florida boundary. (2) Pink shrimp, Farfantepenaeus and the MAFMC, as specified in Off Louisiana, Mississippi, and duorarum. § 600.105(a) of this chapter, to the Alabama means the waters in the Gulf (3) White shrimp, Litopenaeus boundary between the MAFMC and the other than off Florida and off Texas. setiferus.

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Penaeid shrimp trawler means any of the IFQ program for Gulf groupers when introduced into the water, can vessel that is equipped with one or more and tilefishes in § 622.22, speckled hind stun, immobilize, or take marine life. trawl nets whose on-board or landed and warsaw grouper are also included Trammel net means two or more catch of penaeid shrimp is more than 1 as Other SWG as specified in panels of netting, suspended vertically percent, by weight, of all fish § 622.22(a)(6). in the water by a common float line and comprising its on-board or landed catch. Shrimp means one or more of the a common weight line, with one panel Powerhead means any device with an following species, or a part thereof: having a larger mesh size than the explosive charge, usually attached to a (1) Brown shrimp, Farfantepenaeus other(s), to entrap fish in a pocket of speargun, spear, pole, or stick, that fires aztecus. netting. a projectile upon contact. (2) White shrimp, Litopenaeus Trip means a fishing trip, regardless of Processor means a person who setiferus. number of days duration, that begins processes fish or fish products, or parts (3) Pink shrimp, Farfantepenaeus with departure from a dock, berth, thereof, for commercial use or duorarum. beach, seawall, or ramp and that consumption. (4) Royal red shrimp, Hymenopenaeus terminates with return to a dock, berth, Purchase means the act or activity of robustus. beach, seawall, or ramp. buying, trading, or bartering, or (5) Rock shrimp, Sicyonia brevirostris. Try net, also called test net, means a attempting to buy, trade, or barter. Shrimp trawler means any vessel that net pulled for brief periods by a shrimp Recreational fishing means, for the is equipped with one or more trawl nets trawler to test for shrimp concentrations purpose of subpart R of this part only, whose on-board or landed catch of or determine fishing conditions (e.g., fishing or fishing activities which result shrimp is more than 1 percent, by presence or absence of bottom debris, in the harvest of fish, none of which (or weight, of all fish comprising its on- jellyfish, bycatch, sea grasses). parts thereof) is sold, traded, or board or landed catch. Venting device means a device bartered. Smalltooth sawfish means the species intended to deflate the abdominal cavity Red drum, also called redfish, means Pristis pectinata, or a part thereof. of a fish to release the fish with Sciaenops ocellatus, or a part thereof. SMZ means special management minimum damage. Red snapper means Lutjanus zone. Wahoo means the species campechanus, or a part thereof, one of South Atlantic means the Atlantic Acanthocybium solandri, or a part the Gulf reef fish species. Ocean off the Atlantic coastal states thereof, in the Atlantic. Regional Administrator (RA), for the from the boundary between the MAFMC Wild live rock means live rock other purposes of this part, means the and the SAFMC, as specified in than aquacultured live rock. Administrator, Southeast Region, § 600.105(b) of this chapter, to the line Wreckfish means the species NMFS, 263 13th Avenue South, St. of demarcation between the Atlantic Polyprion americanus, or a part thereof, Petersburg, FL 33701, or a designee. Ocean and the Gulf of Mexico, as one of the South Atlantic snapper- Rod and reel means a rod and reel specified in § 600.105(c) of this chapter. grouper species. unit that is not attached to a vessel, or, South Atlantic shallow-water grouper if attached, is readily removable, from (SASWG) means, in the South Atlantic, § 622.3 Relation to other laws and which a line and attached hook(s) are gag, black grouper, red grouper, scamp, regulations. deployed. The line is payed out from red hind, rock hind, yellowmouth (a) The relation of this part to other and retrieved on the reel manually, grouper, yellowfin grouper, graysby, and laws is set forth in § 600.705 of this electrically, or hydraulically. coney. chapter and paragraphs (b) through (e) Run-around gillnet means a gillnet, South Atlantic snapper-grouper of this section. other than a long gillnet, that, when means one or more of the species, or a (b) Except for regulations on used, encloses an area of water. part thereof, listed in Table 4 in allowable octocoral, Gulf and South SAFMC means the South Atlantic Appendix A of this part. Atlantic prohibited coral, and live rock, Fishery Management Council. Stab net means a gillnet, other than a this part is intended to apply within the Sale or sell means the act or activity long gillnet, or trammel net whose EEZ portions of applicable National of transferring property for money or weight line sinks to the bottom and Marine Sanctuaries and National Parks, credit, trading, or bartering, or submerges the float line. unless the regulations governing such attempting to so transfer, trade, or Tail length means the lengthwise sanctuaries or parks prohibit their barter. measurement of the entire tail application. Regulations on allowable Science and Research Director (SRD), (segmented portion), not including any octocoral, Gulf and South Atlantic for the purposes of this part, means the protruding muscle tissue, of a spiny prohibited coral, and live rock do not Science and Research Director, lobster along the top middorsal line apply within the EEZ portions of the Southeast Fisheries Science Center, (middle of the back) to the rearmost following National Marine Sanctuaries NMFS (see Table 1 of § 600.502 of this extremity. The measurement is made and National Parks: chapter). with the tail in a flat, straight position (1) Florida Keys National Marine Sea bass pot means a trap has six with the tip of the tail closed. Sanctuary (15 CFR part 922, subpart P). rectangular sides and does not exceed Total length (TL), for the purposes of (2) Gray’s Reef National Marine 25 inches (63.5 cm) in height, width, or this part, means the straight-line Sanctuary (15 CFR part 922, subpart I). depth. distance from the tip of the snout to the (3) Monitor National Marine Shallow-water grouper (SWG) means, tip of the tail (caudal fin), excluding any Sanctuary (15 CFR part 922, subpart F). in the Gulf, gag, red grouper, black caudal filament, while the fish is lying (4) Everglades National Park (36 CFR grouper, scamp, yellowfin grouper, and on its side. The mouth of the fish may 7.45). yellowmouth grouper. Other shallow- be closed and/or the tail may be (5) Biscayne National Park (16 U.S.C. water grouper (Other SWG) means, in squeezed together to give the greatest 410gg). the Gulf, SWG excluding gag and red overall measurement. (See Figure 2 in (6) Fort Jefferson National Monument grouper (i.e., black grouper, scamp, Appendix C of this part.) (36 CFR 7.27). yellowfin grouper, and yellowmouth Toxic chemical means any substance, (c) For allowable octocoral, if a state grouper). In addition, for the purposes other than an allowable chemical, that, has a catch, landing, or gear regulation

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that is more restrictive than a catch, (D) Any other information concerning permit, license, or endorsement landing, or gear regulation in this part, the vessel, gear characteristics, principal submitted under this part, for each a person landing in such state allowable fisheries engaged in, or fishing areas, as request for transfer or replacement of octocoral taken from the South Atlantic specified on the application form. such permit, license, or endorsement, EEZ must comply with the more (E) Any other information that may be and for each sea bass pot identification restrictive state regulation. necessary for the issuance or tag required under § 622.177(a)(1). The (d) General provisions on facilitation administration of the permit, as amount of each fee is calculated in of enforcement, penalties, and specified on the application form. accordance with the procedures of the enforcement policy applicable to all (F) If applying for a commercial vessel NOAA Finance Handbook, available domestic fisheries are set forth in permit, documentation, as specified in from the RA, for determining the §§ 600.730, 600.735, and 600.740 of this the instructions accompanying each administrative costs of each special chapter, respectively. application form, showing that product or service. The fee may not (e) An activity that is otherwise applicable eligibility requirements of exceed such costs and is specified with prohibited by this part may be this part have been met. each application form. The appropriate (G) If a sea bass pot will be used, the conducted if authorized as scientific fee must accompany each application, number, dimensions, and estimated research activity, exempted fishing, or request for transfer or replacement, or cubic volume of the pots that will be exempted educational activity, as request for sea bass pot identification used and the applicant’s desired color specified in § 600.745 of this chapter. tags. code for use in identifying his or her (d) Initial issuance. (1) The RA will § 622.4 Permits and fees—general. vessel and buoys (white is not an issue an initial permit at any time to an This section contains general acceptable color code). applicant if the application is complete information about procedures related to (2) Operator permits. An applicant for and the specific requirements for the an operator permit must provide the permits. See also §§ 622.70, 622.220, requested permit have been met. An following: and 622.470 regarding certain permit application is complete when all (i) Name, address, telephone number, procedures unique to coral permits in requested forms, information, and and other identifying information documentation have been received. the Gulf of Mexico, South Atlantic specified on the application. Region, and Puerto Rico and the U.S. (2) Upon receipt of an incomplete (ii) Two recent (no more than 1-yr application, the RA will notify the Virgin Islands, respectively. Permit old), color, passport-size photographs. requirements for specific fisheries, as applicant of the deficiency. If the (iii) Any other information that may applicant fails to correct the deficiency applicable, are contained in subparts B be necessary for the issuance or through V of this part. within 30 days of the date of the RA’s administration of the permit, as letter of notification, the application (a) Applications for permits. specified on the application form. will be considered abandoned. Application forms for all permits are (3) Dealer permits. (i) The application (e) Duration. A permit remains valid available from the RA. Completed for a dealer permit must be submitted by for the period specified on it unless it application forms and all required the owner (in the case of a corporation, is revoked, suspended, or modified supporting documents must be an officer or shareholder; in the case of pursuant to subpart D of 15 CFR part submitted to the RA at least 30 days a partnership, a general partner). 904 or, in the case of a vessel or dealer prior to the date on which the applicant (ii) An applicant must provide the permit, the vessel or dealership is sold. desires to have the permit made following: (f) Transfer—(1) Vessel permits, (A) A copy of each state wholesaler’s effective. All vessel permits are mailed licenses, and endorsements and dealer license held by the dealer. to owners, whether the applicant is an permits. A vessel permit, license, or (B) Name, address, telephone number, owner or an operator. endorsement or a dealer permit or (1) Vessel permits. (i) The application date the business was formed, and other identifying information of the business. endorsement issued under this part 622 for a commercial vessel permit, other is not transferable or assignable, except than for wreckfish, or for a charter (C) The address of each physical facility at a fixed location where the as provided in the permits sections of vessel/headboat permit must be subparts B through V of this part, where submitted by the owner (in the case of business receives fish. (D) Name, address, telephone number, applicable. A person who acquires a a corporation, an officer or shareholder; vessel or dealership who desires to in the case of a partnership, a general other identifying information, and official capacity in the business of the conduct activities for which a permit, partner) or operator of the vessel. A applicant. license, or endorsement is required commercial vessel permit that is issued (E) Any other information that may be must apply for a permit, license, or based on the earned income necessary for the issuance or endorsement in accordance with the qualification of an operator is valid only administration of the permit, as provisions of this section and other when that person is the operator of the specified on the application form. applicable sections of this part. If the vessel. The applicant for a commercial (b) Change in application acquired vessel or dealership is vessel permit for wreckfish must be a information. The owner or operator of a currently permitted, the application wreckfish shareholder. vessel with a permit, a person with a must be accompanied by the original (ii) An applicant must provide the coral permit, a person with an operator permit and a copy of a signed bill of sale following: permit, or a dealer with a permit must or equivalent acquisition papers. In (A) A copy of the vessel’s valid USCG notify the RA within 30 days after any those cases where a permit, license, or certificate of documentation or, if not change in the application information endorsement is transferable, the seller documented, a copy of its valid state specified in paragraph (a) of this section must sign the back of the permit, registration certificate. or in §§ 622.70(b), 622.220(b), license, or endorsement and have the (B) Vessel name and official number. 622.400(b), or 622.470(b). The permit is signed transfer document notarized. (C) Name, address, telephone number, void if any change in the information is (2) Operator permits. An operator and other identifying information of the not reported within 30 days. permit is not transferable. vessel owner and of the applicant, if (c) Fees. Unless specified otherwise, a (g) Renewal—(1) Vessel permits, other than the owner. fee is charged for each application for a licenses, and endorsements and dealer

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permits. Unless specified otherwise, a personal identification that includes a this part must provide the following vessel owner or dealer who has been picture (driver’s license, passport, etc.) information when interviewed by the issued a permit, license, or endorsement for inspection upon the request of an SRD: under this part must renew such permit, authorized officer. (1) Name and official number of license, or endorsement on an annual (i) Sanctions and denials. (1) A vessel and permit number, if applicable. basis. The RA will mail a vessel owner permit, license, or endorsement issued (2) Length and tonnage. or dealer whose permit, license, or pursuant to this part 622 may be (3) Current home port. endorsement is expiring an application revoked, suspended, or modified, and a (4) Fishing areas. for renewal approximately 2 months permit, license, or endorsement (5) Ports where fish were offloaded prior to the expiration date. A vessel application may be denied, in during the last year. owner or dealer who does not receive a accordance with the procedures (6) Type and quantity of gear. renewal application from the RA by 45 governing enforcement-related permit (7) Number of full- and part-time days prior to the expiration date of the sanctions and denials found at subpart fishermen or crew members. permit, license, or endorsement must D of 15 CFR part 904. § 622.6 Vessel identification. contact the RA and request a renewal (2) A person whose operator permit is application. The applicant must submit suspended, revoked, or modified may This section does not apply to subpart a completed renewal application form not be aboard any fishing vessel subject R of this part, which has its own and all required supporting documents to Federal fishing regulations in any specific vessel identification to the RA prior to the applicable capacity, if so sanctioned by NOAA, requirements in § 622.402. deadline for renewal of the permit, while the vessel is at sea or offloading. (a) Applicability—(1) Official number. license, or endorsement and at least 30 The vessel’s owner and operator are A vessel for which a permit has been days prior to the date on which the responsible for compliance with this issued under subparts B through V of applicant desires to have the permit measure. A list of operators whose this part except for subpart R, and a made effective. If the RA receives an permits are revoked or suspended may vessel that fishes for or possesses incomplete application, the RA will be obtained from the RA. pelagic sargassum in the South Atlantic notify the applicant of the deficiency. If (j) Alteration. A permit, license, or EEZ, must display its official number— the applicant fails to correct the endorsement that is altered, erased, or (i) On the port and starboard sides of deficiency within 30 days of the date of mutilated is invalid. the deckhouse or hull and, for vessels the RA’s letter of notification, the (k) Replacement. A replacement over 25 ft (7.6 m) long, on an application will be considered permit, license, or endorsement may be appropriate weather deck, so as to be abandoned. A permit, license, or issued. An application for a replacement clearly visible from an enforcement endorsement that is not renewed within permit, license, or endorsement is not vessel or aircraft. the applicable deadline will not be considered a new application. An (ii) In block arabic numerals reissued. application for a replacement operator permanently affixed to or painted on the (2) Operator permits. An operator permit must include two new vessel in contrasting color to the permit required by this part 622 is photographs, as specified in paragraph background. issued for a period not longer than 3 (a)(2)(ii) of this section. (iii) At least 18 inches (45.7 cm) in years. A permit not renewed height for vessels over 65 ft (19.8 m) immediately upon its expiration would § 622.5 Recordkeeping and reporting— long; at least 10 inches (25.4 cm) in expire at the end of the operator’s birth general. height for vessels over 25 ft (7.6 m) long; month that is between 2 and 3 years This section contains recordkeeping and at least 3 inches (7.6 cm) in height after issuance. For renewal, a new and reporting requirements that are for vessels 25 ft (7.6 m) long or less. application must be submitted in broadly applicable, as specified, to most (2) Official number and color code. accordance with paragraph (a)(2) of this or all fisheries governed by this part. The following vessels must display their section. Additional recordkeeping and reporting official number as specified in (h) Display. A vessel permit, license, requirements specific to each fishery are paragraph (a)(1) of this section and, in or endorsement issued under this part contained in the respective subparts B addition, must display their assigned 622 must be carried on board the vessel. through V of this part. color code: A vessel for which a permit A dealer permit issued under this part (a) Collection of additional data and has been issued to fish with a sea bass 622, or a copy thereof, must be available fish inspection. In addition to data pot, as required under § 622.170(a)(1); a on the dealer’s premises. In addition, a required to be reported as specified in vessel in the commercial Caribbean reef copy of the dealer’s permit must subparts B through V of this part, fish fishery fishing with traps; and a accompany each vehicle that is used to additional data will be collected by vessel in the Caribbean spiny lobster pick up from a fishing vessel reef fish authorized statistical reporting agents fishery. Color codes required for the harvested from the Gulf EEZ. A Gulf IFQ and by authorized officers. A person Caribbean reef fish fishery and dealer endorsement must accompany who fishes for or possesses species in or Caribbean spiny lobster fishery are each vehicle that is used to pick up Gulf from the EEZ governed in this part is assigned by Puerto Rico or the U.S. IFQ red snapper and/or Gulf IFQ required to make the applicable fish or Virgin Islands, whichever is applicable; groupers and tilefishes. The operator of parts thereof available for inspection by color codes required in all other a vessel must present the vessel permit, the SRD or an authorized officer on fisheries are assigned by the RA. The license, or endorsement for inspection request. color code must be displayed— upon the request of an authorized (b) Commercial vessel, charter vessel, (i) On the port and starboard sides of officer. A dealer or a vehicle operator and headboat inventory. The owner or the deckhouse or hull and, for vessels must present the permit or a copy for operator of a commercial vessel, charter over 25 ft (7.6 m) long, on an inspection upon the request of an vessel, or headboat operating in a appropriate weather deck, so as to be authorized officer. An operator of a fishery governed in this part who is not clearly visible from an enforcement vessel in a fishery in which an operator selected to report by the SRD under the vessel or aircraft. permit is required must present his/her recordkeeping and reporting (ii) In the form of a circle permanently operator permit and one other form of requirements in subparts B through V of affixed to or painted on the vessel.

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(iii) At least 18 inches (45.7 cm) in previous fishing year for following by the Assistant Administrator or an diameter for vessels over 65 ft (19.8 m) fishing years, unless the best scientific authorized officer. long; at least 10 inches (25.4 cm) in information available determines (d) Weak link. A bottom trawl that diameter for vessels over 25 ft (7.6 m) maintaining the quota from the previous does not have a weak link in the tickler long; and at least 3 inches (7.6 cm) in year is unnecessary. Except for the chain may not be used to fish in the diameter for vessels 25 ft (7.6 m) long quotas for Gulf and South Atlantic coral, Gulf EEZ. For the purposes of this or less. the quotas include species harvested paragraph, a weak link is defined as a (b) Duties of operator. The operator of from state waters adjoining the EEZ. length or section of the tickler chain that a vessel specified in paragraph (a) of (b) Quota closures. When a quota has a breaking strength less than the this section must keep the official specified in this part is reached, or is chain itself and is easily seen as such number and the color code, if projected to be reached, the Assistant when visually inspected. applicable, clearly legible and in good Administrator will file a notification to (e) Use of Gulf reef fish as bait repair and must ensure that no part of that effect with the Office of the Federal prohibited. Gulf reef fish may not be the fishing vessel, its rigging, fishing Register. On and after the effective date used as bait in any fishery, except that, gear, or any other material on board of such notification, for the remainder of when purchased from a fish processor, obstructs the view of the official number the fishing year, the applicable closure the filleted carcasses and offal of Gulf or the color code, if applicable, from an restrictions for such a quota, as reef fish may be used as bait in trap enforcement vessel or aircraft. specified in this part apply. (See the fisheries for blue crab, stone crab, deep- applicable annual catch limits (ACLs), water crab, and spiny lobster. § 622.7 Fishing years. annual catch targets (ACTs), and § 622.10 Landing fish intact—-general. The fishing year for species or species accountability measures (AMs) sections This section contains requirements for groups governed in this part is January of subparts B through V of this part for 1 through December 31 except for the landing fish intact that are broadly closure provisions when an applicable applicable to finfish in the Gulf EEZ and following: ACL or ACT is reached or projected to (a) Allowable octocoral—October 1 Caribbean EEZ, as specified. See be reached). subparts B through V, as applicable, for through September 30. (c) Reopening. When a sector has been additional species specific requirements (b) King and Spanish mackerel. The closed based on a projection of the for landing fish intact. fishing year for the king and Spanish quota specified in this part, or the ACL mackerel bag limits specified in (a) Finfish in or from the Gulf EEZ or specified in the applicable annual catch Caribbean EEZ, except as specified in § 622.382 is January 1 through limits and accountability measures December 31. The following fishing paragraphs (b) and (c) of this section, sections of subparts B through V of this must be maintained with head and fins years apply only for the king and part being reached and subsequent data Spanish mackerel quotas specified in intact. indicate that the quota or ACL was not (b) Shark, swordfish, and tuna species § 622.384: reached, the Assistant Administrator are exempt from the requirements of (1) Gulf migratory group king may file a notification to that effect with paragraph (a) of this section. mackerel—July 1 through June 30. the Office of the Federal Register. Such (c) In the Gulf EEZ or Caribbean EEZ: (2) Gulf migratory group Spanish notification may reopen the sector to (1) Bait is exempt from the mackerel—April through March. provide an opportunity for the quota or requirement to be maintained with head (3) South Atlantic migratory group ACL to be harvested. and fins intact. king and Spanish mackerel—March (i) For the purpose of this paragraph through February. § 622.9 Prohibited gear and methods— (c)(1), ‘‘bait’’ means— (c) Wreckfish—April 16 through April general. (A) Packaged, headless fish fillets that 15. This section contains prohibitions on have the skin attached and are frozen or (d) South Atlantic greater use of gear and methods that are of refrigerated; amberjack—May 1 through April 30. general applicability, as specified. (B) Headless fish fillets that have the (e) South Atlantic black sea bass— Additional prohibitions on use of gear skin attached and are held in brine; or June 1 through May 31. and methods applicable to specific (C) Small pieces no larger than 3 in3 species or species groups are contained 3 § 622.8 Quotas—general. (7.6 cm ) or strips no larger than 3 in subparts B through V of this part. inches by 9 inches (7.6 cm by 22.9 cm) (a) Quotas apply for the fishing year (a) Explosives. An explosive (except that have the skin attached and are for each species or species group, unless an explosive in a powerhead) may not frozen, refrigerated, or held in brine. accountability measures are be used to fish in the Caribbean, Gulf, (ii) Paragraph (c)(1)(i) of this section implemented during the fishing year or South Atlantic EEZ. A vessel fishing notwithstanding, a finfish or part pursuant to the applicable annual catch in the EEZ for a species governed in this thereof possessed in or landed from the limits and accountability measures part, or a vessel for which a permit has Gulf EEZ or Caribbean EEZ that is sections of subparts B through V of this been issued under this part, may not subsequently sold or purchased as a part due to a quota overage occurring have on board any dynamite or similar finfish species, rather than as bait, is not the previous year, in which case a explosive substance. bait. reduced quota will be specified through (b) Chemicals and plants. A toxic (2) Legal-sized finfish possessed for notification in the Federal Register. chemical may not be used or possessed consumption at sea on the harvesting Annual quota increases are contingent in a coral area, and a chemical, plant, vessel are exempt from the requirement on the total allowable catch for the or plant-derived toxin may not be used to have head and fins intact, provided— applicable species not being exceeded to harvest a Caribbean coral reef (i) Such finfish do not exceed any in the previous fishing year. If the total resource in the Caribbean EEZ. applicable bag limit; allowable catch is exceeded in the (c) Fish traps. A fish trap may not be (ii) Such finfish do not exceed 1.5 lb previous fishing year, the RA will file a used or possessed in the Gulf or South (680 g) of finfish parts per person notification with the Office of the Atlantic EEZ. A fish trap deployed in aboard; and Federal Register to maintain the quota the Gulf or South Atlantic EEZ may be (iii) The vessel is equipped to cook for the applicable species from the disposed of in any appropriate manner such finfish on board.

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(d) The operator of a vessel that fishes paragraph (a)(2) of this section for St. (ii) Recreational ACLs. The following in the EEZ is responsible for ensuring Croix management area species or ACLs apply to recreational landings of that fish on that vessel in the EEZ are species groups, paragraph (a)(3) of this Puerto Rico management area species or maintained intact and, if taken from the section for St. Thomas/St. John species groups. EEZ, are maintained intact through management area species or species (A) Queen conch—0 lb (0 kg), for the offloading ashore, as specified in this groups, or paragraph (a)(4) of this EEZ only. section. section for the Caribbean EEZ, the AA (B) Parrotfishes—15,263 lb (6,921 kg). will file a notification with the Office of (C) Snapper Unit 1—95,526 lb (43,330 § 622.11 Bag and possession limits— the Federal Register, at or near the kg). general applicability. beginning of the following fishing year, (D) Snapper Unit 2—34,810 lb (15,790 This section describes the general to reduce the length of the fishing kg). applicability provisions for bag and season for the applicable species or (E) Snapper Unit 3—83,158 lb (37,720 possession limits specified in subparts B species groups that year by the amount kg). through V of this part. necessary to ensure landings do not (F) Snapper Unit 4—28,509 lb (12,931 (a) Applicability. (1) The bag and exceed the applicable ACL. If NMFS kg). possession limits apply for species/ determines the ACL for a particular (G) Groupers—77,213 lb (35,023 kg). species groups in or from the EEZ. species or species group was exceeded (H) Angelfish—4,492 lb (2,038 kg). Unless specified otherwise, bag limits because of enhanced data collection and (I) Boxfish—4,616 lb (2,094 kg). apply to a person on a daily basis, monitoring efforts instead of an increase (J) Goatfishes—362 lb (164 kg). regardless of the number of trips in a in total catch of the species or species (K) Grunts—5,028 lb (2,281 kg). day. Unless specified otherwise, group, NMFS will not reduce the length (L) Wrasses—5,050 lb (2,291 kg). possession limits apply to a person on of the fishing season for the applicable (M) Jacks—51,001 lb (23,134 kg). a trip after the first 24 hours of that trip. species or species group the following (N) Scups and porgies, combined— The bag and possession limits apply to fishing year. Landings will be evaluated 2,577 lb (1,169 kg). a person who fishes in the EEZ in any relative to the applicable ACL based on (O) Squirrelfish—3,891 lb (1,765 kg). manner, except a person aboard a vessel a moving multi-year average of landings, (P) Surgeonfish—3,590 lb (1,628 kg). in the EEZ that has on board the as described in the FMP. With the (Q) Triggerfish and filefish, commercial vessel permit required exceptions of Caribbean queen conch in combined—21,929 lb (9,947 kg). under this part for the appropriate Puerto Rico and St. Thomas/St. John (2) St. Croix—(i) ACLs. The following species/species group. The possession management areas, goliath grouper, ACLs apply to landings of St. Croix of a commercial vessel permit Nassau grouper, midnight parrotfish, management area species or species notwithstanding, the bag and possession blue parrotfish, and rainbow parrotfish, groups. limits apply when the vessel is ACLs are based on the combined (A) Queen conch—50,000 lb (22,680 operating as a charter vessel or Caribbean EEZ and territorial landings kg). headboat. A person who fishes in the for each management area. The ACLs (B) Parrotfishes—240,000 lb (108,863 EEZ may not combine a bag limit specified in paragraphs (a)(1), (a)(2), kg). specified in subparts B through V of this (a)(3), and (a)(4) of this section are given (C) Snappers—102,946 lb (46,696 kg). part with a bag or possession limit in round weight. (D) Groupers—30,435 lb (13,805 kg). applicable to state waters. A species/ (1) Puerto Rico—(i) Commercial ACLs. (E) Angelfish—305 lb (138 kg). species group subject to a bag limit The following ACLs apply to (F) Boxfish—8,433 lb (3,825 kg). specified in subparts B through V of this commercial landings of Puerto Rico (G) Goatfishes—3,766 lb (1,708 kg). part taken in the EEZ by a person management area species or species (H) Grunts—36,881 lb (16,729 kg). subject to the bag limits may not be groups. (I) Wrasses—7 lb (3 kg). transferred at sea, regardless of where (A) Queen conch—0 lb (0 kg), for the (J) Jacks—15,489 lb (7,076 kg). such transfer takes place, and such fish EEZ only. (K) Scups and porgies, combined— may not be transferred in the EEZ. The (B) Parrotfishes—52,737 lb (23,915 4,638 lb (2,104 kg). operator of a vessel that fishes in the kg). (L) Squirrelfish—121 lb (55 kg). EEZ is responsible for ensuring that the (C) Snapper Unit 1—284,685 lb (M) Surgeonfish—33,603 lb (15,242 bag and possession limits specified in (129,131 kg). kg). subparts B through V of this part are not (D) Snapper Unit 2—145,916 lb (N) Triggerfish and filefish, exceeded. (66,186 kg). combined—24,980 lb (11,331 kg). (E) Snapper Unit 3—345,775 lb (2) [Reserved] (O) Spiny lobster—107,307 lb (48,674 (156,841 kg). (b) [Reserved] kg). (F) Snapper Unit 4—373,295 lb (ii) [Reserved] § 622.12 Annual catch limits (ACLs) and (169,324 kg). (3) St. Thomas/St. John — (i) ACLs. accountability measures (AMs) for (G) Groupers—177,513 lb (80,519 kg). The following ACLs apply to landings of Caribbean island management areas/ (H) Angelfish—8,984 lb (4,075 kg). St. Thomas/St. John management area Caribbean EEZ. (I) Boxfish—86,115 lb (39,061 kg). species or species groups. (a) If landings from a Caribbean island (J) Goatfishes—17,565 lb (7,967 kg). (A) Queen conch—0 lb (0 kg), for the management area, as specified in (K) Grunts—182,396 lb (82,733 kg). (L) Wrasses—54,147 lb (24,561 kg). EEZ only. Appendix E to this part, except for (M) Jacks—86,059 lb (39,036 kg). (B) Parrotfishes—42,500 lb (19,278 landings of queen conch (see (N) Scups and porgies, combined— kg). § 622.491(b)), or landings from the 24,739 lb (11,221 kg). (C) Snappers—133,775 lb (60,679 kg). Caribbean EEZ for tilefish and aquarium (O) Squirrelfish—16,663 lb (7,558 kg). (D) Groupers—51,849 lb (23,518 kg). trade species, are estimated by the SRD (P) Surgeonfish—7,179 lb (3,256 kg). (E) Angelfish—7,897 lb (3,582 kg). to have exceeded the applicable ACL, as (Q) Triggerfish and filefish, (F) Boxfish—27,880 lb (12,646 kg). specified in paragraph (a)(1) of this combined—58,475 lb (26,524 kg). (G) Goatfishes—320 lb (145 kg). section for Puerto Rico management (R) Spiny lobster—327,920 lb (148,742 (H) Grunts—37,617 lb (17,063 kg). area species or species groups, kg). (I) Wrasses—585 lb (265 kg).

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(J) Jacks—52,907 lb (23,998 kg). (c) Atlantic EEZ area closure related fish. (A) No applications for additional (K) Scups and porgies, combined— to Deepwater Horizon oil spill. Effective commercial vessel permits for Gulf reef 21,819 lb (9,897 kg). May 11, 2010, all fishing is prohibited fish will be accepted. Existing vessel (L) Squirrelfish—4,241 lb (1,924 kg). in the portion of the South Atlantic EEZ permits may be renewed, are subject to (M) Surgeonfish—29,249 lb (13,267 identified in the map shown on the the restriction on transfer in paragraph kg). NMFS Web site: http:// (a)(1)(i)(B) of this section, and are (N) Triggerfish and filefish, sero.nmfs.noaa.gov/ subject to the requirement for timely combined—74,447 lb (33,769 kg). deepwater_horizon_oil_spill.htm. renewal in paragraph (a)(1)(i)(C) of this (O) Spiny lobster—104,199 lb (47,264 section. An application for renewal or kg). § 622.15 Notice regarding area closures to transfer of a commercial vessel permit protect corals. (ii) [Reserved] for Gulf reef fish will not be considered (4) Caribbean EEZ— (i) ACLs. The See §§ 622.74 and 622.224, complete until proof of purchase, following ACLs apply to landings of respectively, regarding coral protective installation, activation, and operational species or species groups throughout the restrictions in the Gulf EEZ and South status of an approved VMS for the Caribbean EEZ. Atlantic EEZ that apply broadly to vessel receiving the permit has been (A) Tilefish—14,642 lb (6,641 kg). multiple fisheries and gear types. verified by NMFS VMS personnel. (B) Aquarium trade species—8,155 lb § 622.16 Notice regarding South Atlantic (B) An owner of a permitted vessel (3,699 kg). special management zones (SMZs). may transfer the commercial vessel (ii) [Reserved] See §§ 622.182(a) and permit for Gulf reef fish to another vessel owned by the same entity. A § 622.13 Prohibitions—general. 622.382(a)(1)(v), respectively, regarding fishing and gear restrictions in South permit holder may also transfer the In addition to the general prohibitions Atlantic SMZs that apply to snapper- commercial vessel permit for Gulf reef in § 600.725 of this chapter and the grouper and coastal migratory pelagic fish to the owner of another vessel or to fishery specific prohibitions in subparts fisheries and broadly to gear types of a new vessel owner when he or she B through V of this part, it is unlawful multiple fisheries. transfers ownership of the permitted for any person to do any of the vessel. following: § 622.17 Notice regarding seasonal/area (C) A commercial vessel permit for (a) Falsify or fail to display and closures to protect Gulf reef fish. Gulf reef fish that is not renewed or that maintain vessel identification, as See § 622.34, paragraphs (a)(1) and is revoked will not be reissued. A specified in § 622.6. (a)(3) through (6), regarding Gulf reef permit is considered to be not renewed (b) Use or possess prohibited gear or fish protective restrictions in the Gulf when an application for renewal is not methods or possess fish in association EEZ that apply broadly to multiple Gulf received by the RA within 1 year of the with possession or use of prohibited fisheries and gear types. expiration date of the permit. gear, as specified in § 622.9. Subpart B—Reef Fish Resources of the (ii) Option to consolidate commercial (c) Fail to maintain a fish intact Gulf of Mexico vessel permits for Gulf reef fish. A through offloading ashore, as specified person who has been issued multiple in § 622.10. § 622.20 Permits and endorsements. commercial vessel permits for Gulf reef (d) Assault, resist, oppose, impede, (a) Commercial vessels—(1) fish and wants to consolidate some or intimidate, or interfere with a NMFS- Commercial vessel permits. For a person all of those permits, and the landings approved observer aboard a vessel. aboard a vessel to be eligible for histories associated with those permits, (e) Prohibit or bar by command, exemption from the bag limits, to fish into one permit must submit a impediment, threat, coercion, or refusal under a quota, as specified in § 622.39, completed permit consolidation of reasonable assistance, an observer or to sell Gulf reef fish in or from the application to the RA. The permits from conducting his or her duties Gulf EEZ, a commercial vessel permit consolidated must be valid, non-expired aboard a vessel. for Gulf reef fish must have been issued permits and must be issued to the same (f) Make a false statement, oral or to the vessel and must be on board. If entity. The application form and written, to an authorized officer Federal regulations for Gulf reef fish in instructions are available online at regarding the installation, use, subparts A or B of this part are more sero.nmfs.noaa.gov. After consolidation, operation, or maintenance of a vessel restrictive than state regulations, a such a person would have a single monitoring system (VMS) unit or person aboard a vessel for which a permit, and the permits that were communication service provider. commercial vessel permit for Gulf reef consolidated into that permit will be fish has been issued must comply with permanently terminated. § 622.14 Area closures related to the such Federal regulations regardless of (2) Commercial vessel Deepwater Horizon oil spill. where the fish are harvested. See endorsements—(i) Eastern Gulf reef fish (a) Caribbean EEZ area closure related paragraph (a)(1)(i) of this section bottom longline endorsement. For a to Deepwater Horizon oil spill. Effective regarding a limited access system for person aboard a vessel, for which a May 11, 2010, all fishing is prohibited commercial vessel permits for Gulf reef valid commercial vessel permit for Gulf in the portion of the Caribbean EEZ fish. See §§ 622.21(b)(1) and reef fish has been issued, to use a identified in the map shown on the 622.22(b)(1), respectively, regarding an bottom longline for Gulf reef fish in the NMFS Web site: http:// IFQ vessel account required to fish for, Gulf EEZ east of 85°30′ W. long., a valid sero.nmfs.noaa.gov/ possess, or land Gulf red snapper or eastern Gulf reef fish bottom longline deepwater_horizon_oil_spill.htm. Gulf groupers and tilefishes and endorsement must have been issued to (b) Gulf EEZ area closure related to paragraph (a)(2) of this section regarding the vessel and must be on board. A Deepwater Horizon oil spill. Effective an additional bottom longline permit or endorsement that has expired May 11, 2010, all fishing is prohibited endorsement required to fish for Gulf is not valid. This endorsement must be in the portion of the Gulf EEZ identified reef fish with bottom longline gear in a renewed annually and may only be in the map shown on the NMFS Web portion of the eastern Gulf. renewed if the associated vessel has a site: http://sero.nmfs.noaa.gov/ (i) Limited access system for valid commercial vessel permit for Gulf deepwater_horizon_oil_spill.htm. commercial vessel permits for Gulf reef reef fish or if the endorsement and

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associated permit are being concurrently permit for Gulf coastal migratory pelagic and ‘‘Headboat’’ in § 622.2 for an renewed. The RA will not reissue this fish or Gulf reef fish that has a historical explanation of when vessels are endorsement if the endorsement is captain endorsement may only be considered to be operating as a charter revoked or if the RA does not receive a transferred to a vessel operated by the vessel or headboat, respectively. complete application for renewal of the historical captain, cannot be transferred (3) If Federal regulations for Gulf reef endorsement within 1 year after the to a vessel with a greater authorized fish in subparts A or B of this part are endorsement’s expiration date. passenger capacity than that of the more restrictive than state regulations, a (A) Transferability. An owner of a vessel to which the moratorium permit person aboard a charter vessel or vessel with a valid eastern Gulf reef fish was originally issued, as specified on headboat for which a charter vessel/ bottom longline endorsement may the face of the permit being transferred, headboat permit for Gulf reef fish has transfer that endorsement to an owner of and is not otherwise transferable. been issued must comply with such a vessel that has a valid commercial (C) Procedure for permit transfer. To Federal regulations regardless of where vessel permit for Gulf reef fish. request that the RA transfer a charter the fish are harvested. (B) Fees. A fee is charged for each vessel/headboat permit for Gulf reef (c) Dealer permits and conditions—(1) renewal, transfer, or replacement of an fish, the owner of the vessel who is Permits. For a dealer to receive Gulf reef eastern Gulf reef fish bottom longline transferring the permit and the owner of fish harvested from the EEZ, a dealer endorsement. The amount of each fee is the vessel that is to receive the permit for Gulf reef fish must be issued calculated in accordance with the transferred permit must complete the to the dealer. procedures of the NOAA Finance transfer information on the reverse side (2) State license and facility Handbook, available from the RA, for of the permit and return the permit and requirements. To obtain a dealer permit determining the administrative costs of a completed application for transfer to or endorsement, the applicant must each special product or service. The fee the RA. See § 622.4(f) for additional have a valid state wholesaler’s license in may not exceed such costs and is transfer-related requirements applicable the state(s) where the dealer operates, if specified with each application form. to all permits issued under this part. required by such state(s), and must have The appropriate fee must accompany (ii) Renewal. (A) Renewal of a charter a physical facility at a fixed location in each application for renewal, transfer, or vessel/headboat permit for Gulf reef fish such state(s). replacement. is contingent upon the permitted vessel (d) Permit procedures. See § 622.4 for (ii) [Reserved] and/or captain, as appropriate, being information regarding general permit (b) Charter vessel/headboat permits. included in an active survey frame for, procedures including, but not limited to For a person aboard a vessel that is and, if selected to report, providing the application, fees, duration, transfer, operating as a charter vessel or headboat information required in one of the renewal, display, sanctions and denials, to fish for or possess Gulf reef fish, in approved fishing data surveys. Surveys and replacement. or from the EEZ, a valid charter vessel/ include, but are not limited to— headboat permit for Gulf reef fish must (1) NMFS’ Marine Recreational § 622.21 Individual fishing quota (IFQ) program for Gulf red snapper. have been issued to the vessel and must Fishing Vessel Directory Telephone be on board. Survey (conducted by the Gulf States (a) General. This section establishes (1) Limited access system for charter Marine Fisheries Commission); an IFQ program for the commercial red vessel/headboat permits for Gulf reef (2) NMFS’ Southeast Headboat Survey snapper component of the Gulf reef fish fish. No applications for additional (as required by § 622.26(b)(1)); fishery. Shares determine the amount of charter vessel/headboat permits for Gulf (3) Texas Parks and Wildlife Marine Gulf red snapper IFQ allocation, in reef fish will be accepted. Existing Recreational Fishing Survey; or pounds gutted weight, a shareholder is permits may be renewed, are subject to (4) A data collection system that initially authorized to possess, land, or the restrictions on transfer in paragraph replaces one or more of the surveys in sell in a given calendar year. As of (b)(1)(i) of this section, and are subject paragraph (b)(1)(ii)(A),(1),(2), or (3) of January 1, 2012, IFQ shares and to the renewal requirements in this section. allocation can only be transferred to paragraph (b)(1)(ii) of this section. (B) A charter vessel/headboat permit U.S. citizens and permanent resident (i) Transfer of permits—(A) Permits for Gulf reef fish that is not renewed or aliens. See paragraph (b)(11) of this without a historical captain that is revoked will not be reissued. A section regarding eligibility to endorsement. A charter vessel/headboat permit is considered to be not renewed participate in the Gulf red snapper IFQ permit for Gulf coastal migratory pelagic when an application for renewal, as program as of January 1, 2012. Shares fish or Gulf reef fish that does not have required, is not received by the RA and annual IFQ allocation are a historical captain endorsement is fully within 1 year of the expiration date of transferable. See paragraph (b)(1) of this transferable, with or without sale of the the permit. section regarding a requirement for a permitted vessel, except that no transfer (iii) Requirement to display a vessel vessel landing red snapper subject to is allowed to a vessel with a greater decal. Upon renewal or transfer of a this IFQ program to have a Gulf red authorized passenger capacity than that charter vessel/headboat permit for Gulf snapper IFQ vessel account. See of the vessel to which the moratorium reef fish, the RA will issue the owner of paragraph (b)(2) of this section regarding permit was originally issued, as the permitted vessel a vessel decal for a requirement for a Gulf IFQ dealer specified on the face of the permit being Gulf reef fish. The vessel decal must be endorsement. Details regarding transferred. An application to transfer a displayed on the port side of the eligibility, applicable landings history, permit to an inspected vessel must deckhouse or hull and must be account setup and transaction include a copy of that vessel’s current maintained so that it is clearly visible. requirements, constraints on USCG Certificate of Inspection (COI). A (2) A charter vessel or headboat may transferability, and other provisions of vessel without a valid COI will be have both a charter vessel/headboat this IFQ system are provided in the considered an uninspected vessel with permit and a commercial vessel permit. following paragraphs of this section. an authorized passenger capacity However, when a vessel is operating as (1) Scope. The provisions of this restricted to six or fewer passengers. a charter vessel or headboat, a person section regarding the harvest and (B) Permits with a historical captain aboard must adhere to the bag limits. possession of Gulf IFQ red snapper endorsement. A charter vessel/headboat See the definitions of ‘‘Charter vessel’’ apply to Gulf red snapper in or from the

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Gulf EEZ and, for a person aboard a will determine when catastrophic dealer endorsement, which can be vessel with a Gulf red snapper IFQ conditions exist, the duration of the downloaded from the IFQ Web site at vessel account as required by paragraph catastrophic conditions, and which ifq.sero.nmfs.noaa.gov once an IFQ (b)(1) of this section or for a person with participants or geographic areas are account has been established. The a Gulf IFQ dealer endorsement as deemed affected by the catastrophic information package included general required by paragraph (b)(2) of this conditions. The RA will provide timely information about the IFQ program and section, these provisions apply to Gulf notice to affected participants via instructions for accessing the IFQ Web red snapper regardless of where publication of notification in the site and establishing an IFQ dealer harvested or possessed. Federal Register, NOAA weather radio, account. (2) Duration. The IFQ program fishery bulletins, and other appropriate (b) IFQ operations and established by this section will remain means and will authorize the affected requirements—(1) IFQ vessel accounts in effect until it is modified or participants’ use of paper-based for Gulf red snapper. For a person terminated; however, the program will components for the duration of the aboard a vessel, for which a commercial be evaluated by the Gulf of Mexico catastrophic conditions. NMFS will vessel permit for Gulf reef fish has been Fishery Management Council every 5 provide each IFQ dealer the necessary issued, to fish for, possess, or land Gulf years. paper forms, sequentially coded, and red snapper, regardless of where (3) Electronic system requirements. (i) instructions for submission of the forms harvested or possessed, a Gulf IFQ The administrative functions associated to the RA. The paper forms will also be vessel account for Gulf red snapper with this IFQ program, e.g., registration available from the RA. The program must have been established. As a and account setup, landing transactions, functions available to participants or condition of the IFQ vessel account, a and transfers, are designed to be geographic areas deemed affected by person aboard such vessel must comply accomplished online; therefore, a catastrophic conditions will be limited with the requirements of this section, participant must have access to a under the paper-based system. There computer and Internet access and must § 622.21, when fishing for red snapper will be no mechanism for transfers of regardless of where the fish are set up an appropriate IFQ online IFQ shares or allocation under the account to participate. The computer harvested or possessed. An owner of a paper-based system in effect during vessel with a commercial vessel permit must have browser software installed, catastrophic conditions. Assistance in for Gulf reef fish, who has established e.g., Internet Explorer or Mozilla complying with the requirements of the an IFQ account for Gulf red snapper as Firefox; as well as the software Adobe paper-based system will be available via specified in paragraph (a)(3)(i) of this Flash Player version 9.0 or greater, IFQ Customer Service 1–866–425–7627 section, online via the NMFS IFQ Web which may be downloaded from the Monday through Friday between 8 a.m. site ifq.sero.nmfs.noaa.gov, may Internet for free. Assistance with online and 4:30 p.m. eastern time. functions is available from IFQ (4) IFQ allocation. IFQ allocation is establish a vessel account through that Customer Service by calling 1–866–425– the amount of Gulf red snapper, in IFQ account for that permitted vessel. If 7627 Monday through Friday between 8 pounds gutted weight, an IFQ such owner does not have an online IFQ a.m. and 4:30 p.m. eastern time. shareholder or allocation holder is account, the owner must first contact (ii) The RA mailed initial authorized to possess, land, or sell IFQ Customer Service at 1–866–425– shareholders and dealers with Gulf reef during a given fishing year. IFQ 7627 to obtain information necessary to fish dealer permits information and allocation is derived at the beginning of access the IFQ Web site and establish an instructions pertinent to setting up an each year by multiplying a shareholder’s online IFQ account. There is no fee to IFQ online account. Other eligible IFQ share times the annual commercial set-up an IFQ account or a vessel persons who desire to become IFQ quota for Gulf red snapper. If the quota account. Only one vessel account may participants by purchasing IFQ shares or is increased after the beginning of the be established per vessel under each allocation or by obtaining a Gulf red fishing year, then IFQ allocation is IFQ program. An owner with multiple snapper IFQ dealer endorsement must derived by multiplying a shareholder’s vessels may establish multiple vessel first contact IFQ Customer Service at 1– IFQ share at the time of the quota accounts under each IFQ account. The 866–425–7627 to obtain information increase by the amount the annual purpose of the vessel account is to hold necessary to set up the required IFQ commercial quota for red snapper is IFQ allocation that is required to land online account. As of January 1, 2012, increased. the applicable IFQ species. A vessel all U.S. citizens and permanent resident (5) Initial shareholder IFQ account account must hold sufficient IFQ aliens are eligible to establish an IFQ setup information. As soon as possible allocation, at least equal to the pounds online account. As of January 1, 2012, after an IFQ Online Account is in gutted weight of the red snapper on all current IFQ participants must established, the RA will provide IFQ board, from the time of advance notice complete and submit the application for account holders information pertinent of landing through landing (except for an IFQ Online Account to certify their to the IFQ program. This information any overage allowed as specified in citizenship status and ensure their will include: paragraph (b)(3)(ii) of this section. The account information (e.g., mailing (i) General instructions regarding vessel account remains valid as long as address, corporate shareholdings, etc.) is procedures related to the IFQ online the vessel permit remains valid; the up to date. See § 622.21(b)(11) regarding system; and vessel has not been sold or transferred; requirements for the application for an (ii) A user identification number—the and the vessel owner is in compliance IFQ Online Account. Each IFQ personal identification number (PIN) is with all Gulf reef fish and IFQ reporting participant must monitor his/her online provided in a subsequent letter. requirements, has paid all applicable account and all associated messages and (6) Dealer notification and IFQ IFQ fees, and is not subject to sanctions comply with all IFQ online reporting account setup information. As soon as under 15 CFR part 904. The vessel requirements. possible after November 22, 2006, the account is not transferable to another (iii) During catastrophic conditions RA mailed each dealer with a valid Gulf vessel. The provisions of this paragraph only, the IFQ program provides for use reef fish dealer permit information do not apply to fishing for or possession of paper-based components for basic pertinent to the IFQ program. Any such of Gulf red snapper under the bag limit required functions as a backup. The RA dealer is eligible to receive a Gulf IFQ specified in § 622.38(b)3).

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(2) Gulf IFQ dealer endorsements. In time, and location of transaction; weight Gulf red snapper subject to the IFQ addition to the requirement for a dealer and actual ex-vessel price of red program is responsible for collecting the permit for Gulf reef fish as specified in snapper landed and sold; and applicable cost recovery fee for each IFQ § 622.20(c), for a dealer to receive red information necessary to identify the landing from the IFQ allocation holder snapper subject to the Gulf red snapper fisherman, vessel, and dealer involved specified in the IFQ landing transaction IFQ program, as specified in paragraph in the transaction. The fisherman must report. Such dealer is responsible for (a)(1) of this section, or for a person validate the dealer transaction report by submitting all applicable cost recovery aboard a vessel with a Gulf IFQ vessel entering his unique PIN when the fees to NMFS on a quarterly basis. The account to sell such red snapper directly transaction report is submitted. After fees are due and must be submitted, to an entity other than a dealer, such the dealer submits the report and the using pay.gov via the IFQ system at the persons must also have a Gulf IFQ information has been verified, the Web end of each calendar-year quarter, but dealer endorsement. A dealer with a site will send a transaction approval no later than 30 days after the end of Gulf reef fish permit can download a code to the dealer and the allocation each calendar-year quarter. Fees not Gulf IFQ dealer endorsement from the holder. received by the deadline are delinquent. NMFS IFQ Web site at (iv) If there is a discrepancy regarding (iii) Fee payment procedure. For each ifq.sero.nmfs.noaa.gov. If such persons the landing transaction report after IFQ dealer, the IFQ system will post, on do not have an IFQ online account, they approval, the dealer or vessel account individual message boards, an end-of- must first contact IFQ Customer Service holder (or his or her authorized agent) quarter statement of cost recovery fees at 1–866–425–7627 to obtain must initiate a landing transaction that are due. The dealer is responsible information necessary to access the IFQ correction form to correct the landing for submitting the cost recovery fee Web site and establish an IFQ online transaction. This form is available via payments using pay.gov via the IFQ account. There is no fee for obtaining the IFQ Web site at system. Authorized payments methods this endorsement. The endorsement ifq.sero.nmfs.noaa.gov. The dealer must are credit card, debit card, or automated remains valid as long as the Gulf reef then print out the form, both parties clearing house (ACH). Payment by fish dealer permit remains valid and the must sign it, and the form must be check will be authorized only if the RA dealer is in compliance with all Gulf mailed to NMFS. The form must be has determined that the geographical reef fish and IFQ reporting received by NMFS no later than 15 days area or an individual(s) is affected by requirements, has paid all IFQ fees after the date of the initial landing catastrophic conditions. required, and is not subject to any transaction. (iv) Fee reconciliation process— sanctions under 15 CFR part 904. The (4) IFQ cost recovery fees. As required delinquent fees. The following endorsement is not transferable. by section 304(d)(2)(A)(i) of the procedures apply to an IFQ dealer (3) IFQ Landing and transaction Magnuson-Stevens Act, the RA will whose cost recovery fees are delinquent. requirements. (i) Gulf red snapper collect a fee to recover the actual costs (A) On or about the 31st day after the subject to this IFQ program can only be directly related to the management and end of each calendar-year quarter, the possessed or landed by a vessel with a enforcement of the Gulf red snapper IFQ RA will send the dealer an electronic Gulf red snapper IFQ vessel account program. The fee cannot exceed 3 message via the IFQ Web site and with allocation at least equal to the percent of the ex-vessel value of Gulf official notice via mail indicating the pounds of red snapper on board, except red snapper landed under the IFQ applicable fees are delinquent, and the as provided in paragraph (b)(3)(ii) of program as described in the Magnuson- dealer’s IFQ account has been this section. Such red snapper can only Stevens Act. Such fees will be deposited suspended pending payment of the be received by a dealer with a Gulf IFQ in the Limited Access System applicable fees. dealer endorsement. Administration Fund (LASAF). Initially, (B) On or about the 91st day after the (ii) A person on board a vessel with the fee will be 3 percent of the actual end of each calendar-year quarter, the an IFQ vessel account landing the ex-vessel price of Gulf red snapper RA will refer any delinquent IFQ dealer shareholder’s only remaining allocation, landed per trip under the IFQ program, cost recovery fees to the appropriate can legally exceed, by up to 10 percent, as documented in each landings authorities for collection of payment. the shareholder’s allocation remaining transaction report. The RA will review (5) Measures to enhance IFQ program on that last fishing trip of the fishing the cost recovery fee annually to enforceability—(i) Advance notice of year, i.e., a one-time per fishing year determine if adjustment is warranted. landing. For the purpose of this overage. Any such overage will be Factors considered in the review paragraph, landing means to arrive at a deducted from the shareholder’s include the catch subject to the IFQ cost dock, berth, beach, seawall, or ramp. applicable allocation for the subsequent recovery, projected ex-vessel value of The owner or operator of a vessel fishing year. From the time of the the catch, costs directly related to the landing IFQ red snapper is responsible overage until January 1 of the management and enforcement of the for ensuring that NMFS is contacted at subsequent fishing year, the IFQ IFQ program, the projected IFQ balance least 3 hours, but no more than 12 shareholder must retain sufficient in the LASAF, and expected non- hours, in advance of landing to report shares to account for the allocation that payment of fee liabilities. If the RA the time and location of landing, will be deducted the subsequent fishing determines that a fee adjustment is estimated red snapper landings in year. Share transfers that would violate warranted, the RA will publish a pounds gutted weight, vessel this requirement will be prohibited. notification of the fee adjustment in the identification number (Coast Guard (iii) The dealer is responsible for Federal Register. registration number or state registration completing a landing transaction report (i) Payment responsibility. The IFQ number), and the name and address of for each landing and sale of Gulf red allocation holder specified in the the IFQ dealer where the red snapper snapper via the IFQ Web site at documented red snapper IFQ landing are to be received. The vessel landing ifq.sero.nmfs.noaa.gov at the time of the transaction report is responsible for red snapper must have sufficient IFQ transaction in accordance with the payment of the applicable cost recovery allocation in the IFQ vessel account, at reporting form(s) and instructions fees. least equal to the pounds in gutted provided on the Web site. This report (ii) Collection and submission weight of red snapper on board (except includes, but is not limited to, date, responsibility. A dealer who receives for any overage up to the 10 percent

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allowed on the last fishing trip) from the end of the calendar-year quarter. NMFS via the IFQ Web site. An IFQ time of the advance notice of landing will evaluate the proposed sites based shareholder must initiate a share through landing. Authorized methods on, but not limited to, the following transfer request by logging onto the IFQ for contacting NMFS and submitting the criteria: Web site at ifq.sero.nmfs.noaa.gov. report include calling IFQ Customer (A) Landing locations must have a Following the instructions provided on Service at 1–866–425–7627, completing street address. If there is no street the Web site, the shareholder must enter and submitting to NMFS the notification address on record for a particular pertinent information regarding the form provided through the VMS unit, or landing location, global positioning transfer request including, but not providing the required information to system (GPS) coordinates for an limited to, amount of shares to be NMFS through the web-based form identifiable geographic location must be transferred, which must be a minimum available on the IFQ Web site at provided. of 0.0001 percent; name of the eligible ifq.sero.nmfs.noaa.gov. As new (B) Landing locations must be transferee; and the value of the technology becomes available, NMFS publicly accessible by land and water, transferred shares. An IFQ shareholder will add other authorized methods for and must satisfy the following criteria: who is subject to a sanction under 15 complying with the advance notification (1) Vehicles must have access to the CFR part 904 is prohibited from requirement, via appropriate site via public roads; initiating a share transfer. An IFQ rulemaking. Failure to comply with this (2) Vessels must have access to the shareholder who is subject to a pending advance notice of landing requirement site via navigable waters; sanction under 15 CFR part 904 must (3) No other condition may impede is unlawful and will preclude disclose in writing to the prospective free and immediate access to the site by authorization to complete the landing transferee the existence of any pending an authorized law enforcement officer. transaction report required in paragraph sanction at the time of the transfer. For (b)(3)(iii) of this section and, thus, will Examples of such conditions include, but are not limited to: A locked gate, the first 5 years this IFQ program is in preclude issuance of the required effect, an eligible transferee is a person transaction approval code. fence, wall, or other barrier preventing 24-hour access to the site; a gated who has a valid commercial vessel (ii) Time restriction on offloading. For permit for Gulf reef fish; is in the purpose of this paragraph, community entry point; a guard animal; a posted sign restricting access to the compliance with all reporting offloading means to remove IFQ red requirements for the Gulf reef fish snapper from a vessel. IFQ red snapper site; or any other physical deterrent. (6) Transfer of IFQ shares and fishery and the red snapper IFQ may be offloaded only between 6 a.m. program; is not subject to sanctions and 6 p.m., local time. allocation. Until January 1, 2012, IFQ shares and allocations can be transferred under 15 CFR part 904; and who would (iii) Restrictions on transfer of IFQ red not be in violation of the share cap as snapper. At-sea or dockside transfer of only to a person who holds a valid commercial vessel permit for Gulf reef specified in paragraph (b)(8) of this IFQ red snapper from one vessel to section. Thereafter, share transferee another vessel is prohibited. fish; thereafter, IFQ shares and eligibility will only include U.S. (iv) Requirement for transaction allocations can be transferred only to a citizens and permanent resident aliens approval code. If IFQ red snapper are U.S. citizen or permanent resident alien. offloaded to a vehicle for transportation However, a valid commercial permit for who are otherwise in compliance with to a dealer or are on a vessel that is Gulf reef fish, a Gulf red snapper IFQ the provisions of this section. The trailered for transport to a dealer, on-site vessel account, and Gulf red snapper online system will verify the transfer capability to accurately weigh the fish IFQ allocation are required to possess information entered. If the information and to connect electronically to the (at and after the time of the advance is not accepted, the online system will online IFQ system to complete the notice of landing), land or sell Gulf red send the shareholder an electronic transaction and obtain the transaction snapper subject to this IFQ program. message explaining the reason(s) why approval code is required. After a (i) Share transfers. Share transfers are the transfer request cannot be landing transaction has been completed, permanent, i.e., they remain in effect completed. If the information is a transaction approval code verifying a until subsequently transferred. Transfer accepted, the online system will send legal transaction of the amount of IFQ of shares will result in the the transferee an electronic message of red snapper in possession and a copy of corresponding allocation being the pending transfer. The transferee the dealer endorsement must automatically transferred to the person must approve the share transfer by accompany any IFQ red snapper from receiving the transferred share electronic signature. If the transferee the landing location through possession beginning with the fishing year approves the share transfer, the online by a dealer. This requirement also following the year the transfer occurred. system will send a transaction approval applies to IFQ red snapper possessed on However, within the fishing year the code to both the transferor and a vessel that is trailered for transport to share transfer occurs, transfer of shares transferee confirming the transaction. a dealer. and associated allocation are All share transfers must be completed (v) Approved landing locations. independent—unless the associated and the transaction approval code Landing locations must be approved by allocation is transferred separately, it received prior to December 31 at 6 p.m. NMFS Office for Law Enforcement prior remains with the transferor for the eastern time each year. to landing or offloading at these sites. duration of that fishing year. A share (iii) Allocation transfers. An Proposed landing locations may be transfer transaction that remains in allocation transfer is valid only for the submitted online via the IFQ Web site pending status, i.e., has not been remainder of the fishing year in which at ifq.sero.nmfs.noaa.gov, or by calling completed and verified with a it occurs; it does not carry over to the IFQ Customer Service at 1–866–425– transaction approval code, after 30 days subsequent fishing year. Any allocation 7627, at any time; however, new landing from the date the shareholder initiated that is unused at the end of the fishing locations will be approved only at the the transfer will be cancelled, and the year is void. Allocation may be end of each calendar-year quarter. To pending shares will be re-credited to the transferred to a vessel account from any have a landing location approved by the shareholder who initiated the transfer. IFQ account. Allocation held in a vessel end of the calendar-year quarter, it must (ii) Share transfer procedures. Share account, however, may only be be submitted at least 45 days before the transfers must be accomplished online transferred back to the IFQ account

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through which the vessel account was Initially, a corporation must provide the resident aliens are those individuals established. RA the identity of the shareholders of who have been lawfully accorded the (iv) Allocation transfer procedures. the corporation and their percent of privilege of residing permanently in the Allocation transfers must be shares in the corporation, and provide U.S. in accordance with U.S. accomplished online via the IFQ Web updated information to the RA within immigration laws. In order to harvest site. An IFQ account holder must 30 days of when changes occur. This and possess Gulf IFQ red snapper, the initiate an allocation transfer by logging information must also be provided to requirements for a Gulf red snapper IFQ onto the IFQ Web site at the RA any time a commercial vessel vessel account, as specified in ifq.sero.nmfs.noaa.gov, entering the permit for Gulf reef fish is renewed or paragraph (b)(1) of this section, or a Gulf required information, including but not transferred and at the time of renewal of IFQ dealer endorsement, as specified in limited to, name of an eligible transferee the application for an IFQ Online paragraph (b)(2) of this section apply. and amount of IFQ allocation to be Account. (i) Gulf red snapper IFQ program transferred and price, and submitting (9) Redistribution of shares resulting participation for current red snapper the transfer electronically. An IFQ from permanent revocation. If a IFQ account holders. A current allocation holder who is subject to a shareholder’s IFQ shares have been participant in the red snapper IFQ sanction under 15 CFR part 904 is permanently revoked, the RA will program must complete and submit the prohibited from initiating an allocation redistribute the IFQ shares held by that application for an IFQ Online Account transfer. An IFQ allocation holder who shareholder proportionately among that is available on the Web site is subject to a pending sanction under remaining shareholders (subject to cap sero.nmfs.noaa.gov, to certify status as a 15 CFR part 904 must disclose in restrictions) based upon the amount of U.S. citizen or permanent resident alien. writing to the prospective transferee the shares each held just prior to the The IFQ account holder must also existence of any pending sanction at the redistribution. During December of each complete and submit any other time of the transfer. If the transfer is year, the RA will determine the amount information on this form that may be approved, the online system will of revoked shares, if any, to be necessary for the administration of the provide a transaction approval code to redistributed, and the shares will be IFQ online account. A person with an the transferor and transferee confirming distributed at the beginning of the established IFQ online account must the transaction. subsequent fishing year. update and confirm the account (7) Restricted transactions during the (10) Annual recalculation and information every 2 years. IFQ online 20-hour online maintenance window. notification of IFQ shares and accounts are updated through the All electronic IFQ transactions must be allocation. On or about January 1 each submission of the application for an IFQ completed by December 31 at 6 p.m. year, IFQ shareholders will be notified, Online Account. Accounts must be eastern time each year. Electronic IFQ via the IFQ Web site at updated prior to the account validity functions will resume again on January ifq.sero.nmfs.noaa.gov, of their IFQ date (expiration date of the account) that 1 at 2 p.m. eastern time the following share and allocation for the upcoming is displayed on each account holder’s fishing year. The remaining 6 hours fishing year. These updated share values IFQ online account page. The RA will prior to the end of the fishing year, and will reflect the results of applicable provide each participant who has the 14 hours at the beginning of the next share transfers and any redistribution of established an online account, with an fishing year, are necessary to provide shares (subject to cap restrictions) application approximately 2 months NMFS time to reconcile IFQ accounts, resulting from permanent revocation of prior to the account validity date. A adjust allocations for the upcoming year applicable shares. Updated allocation participant who is not provided an if the commercial quotas for Gulf red values will reflect any change in IFQ application at least 45 days prior to the snapper have changed, and update share, any change in the annual account validity date must contact IFQ shares and allocations for the upcoming commercial quota for Gulf red snapper, Customer Service at 1–866–425–7627 fishing year. No electronic IFQ and any debits required as a result of and request an application. Failure to transactions will be available during prior fishing year overages as specified submit a completed application prior to these 20 hours. An advance notice of in paragraph (b)(3)(ii) of this section. the account validity date will lead to the landing may still be submitted during IFQ participants can monitor the status suspension of the participant’s IFQ the 20-hour maintenance window by of their shares and allocation online account until a completed using the vessel’s VMS unit or calling throughout the year via the IFQ Web application is submitted. After January IFQ Customer Service at 1–866–425– site. 1, 2012, participants who certify that 7627. (11) Eligibility to participate in the they are either not U.S. citizens or (8) IFQ share cap. No person, Gulf red snapper IFQ program as of permanent resident aliens will be including a corporation or other entity, January 1, 2012. The provisions of ineligible to receive shares or allocation may individually or collectively hold paragraph (b)(11) of this section apply to through transfer. IFQ shares in excess of 6.0203 percent all eligible participants for the Gulf red (ii) Gulf red snapper IFQ program of the total shares. For the purposes of snapper IFQ program beginning January participation for entities that do not considering the share cap, a 1, 2012. In addition to eligible currently possess an IFQ online corporation’s total IFQ share is participants who already participate in account. The following procedures determined by adding the applicable the Gulf red snapper IFQ program, as of apply to U.S citizens or permanent IFQ shares held by the corporation and January 1, 2012, all U.S. citizens and resident aliens who are not otherwise any other IFQ shares held by a permanent resident aliens who are in described in either paragraphs (a) or corporation(s) owned by the original compliance with the provisions of this (b)(11)(i) of this section. corporation prorated based on the level section are eligible and may participate (A) To establish an IFQ online of ownership. An individual’s total IFQ in the Gulf red snapper IFQ program as account, a person must first complete share is determined by adding the shareholders and allocation holders. the application for an IFQ Online applicable IFQ shares held by the The requirements to meet the definition Account that is available on the Web individual and the applicable IFQ of a U.S. citizen are described in the site sero.nmfs.noaa.gov. An applicant shares equivalent to the corporate share Immigration and Nationality Act of for an IFQ online account under this the individual holds in a corporation. 1952, as amended, and permanent paragraph must provide the following;

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(1) Name; address; telephone number; (F) For information regarding transfer groupers and tilefishes regardless of date of birth; tax identification number; of IFQ shares and allocation, the IFQ where harvested or possessed. certification of status as either a U.S. share cap, and the annual recalculation (2) Duration. The IFQ program citizen or permanent resident alien; and and notification of IFQ shares and established by this section will remain if a corporation, a list of all officers, allocation, see paragraphs (b)(6), (b)(8), in effect until it is modified or directors, shareholders, and registered and (b)(10) of this section, respectively. terminated; however, the program will agents of the business; and other (G) Participation in the Gulf red be evaluated by the Gulf of Mexico identifying information as specified on snapper IFQ program beyond Fishery Management Council every 5 the application. transferring IFQ shares and allocation is years. (2) Any other information that may be explained in paragraphs (a) through (3) Electronic system requirements. (i) necessary for the establishment or (b)(10) of this section. The administrative functions associated with this IFQ program, e.g., registration administration of the IFQ online § 622.22 Individual fishing quota (IFQ) account. and account setup, landing transactions, program for Gulf groupers and tilefishes. and transfers, are designed to be (B) Completed applications and all (a) General. This section establishes required supporting documentation accomplished online; therefore, a an IFQ program for the commercial participant must have access to a must be submitted to the RA. There is sectors of the Gulf reef fish fishery for no fee to access the Web site or establish computer and Internet access and must groupers (including DWG, red grouper, set up an appropriate IFQ online an IFQ online account. An applicant gag, and Other SWG) and tilefishes that submits an incomplete application account to participate. The computer (including goldface tilefish, blueline must have browser software installed, will be contacted by the RA to correct tilefish, and tilefish). For the purposes any deficiencies. If an applicant fails to e.g. Internet Explorer or Mozilla Firefox; of this IFQ program, DWG includes as well as the software Adobe Flash correct the deficiency within 30 days of yellowedge grouper, warsaw grouper, being notified of the deficient Player version 9.0 or greater, which may snowy grouper, speckled hind, and be downloaded from the Internet for application, the application will be scamp, but only as specified in free. Assistance with online functions is considered abandoned. paragraph (a)(7) of this section. For the available from IFQ Customer Service by (C) After an applicant submits a purposes of this IFQ program, Other calling 1–866–425–7627 Monday completed application for an IFQ online SWG includes black grouper, scamp, through Friday between 8 a.m. and 4:30 account, the RA will mail the applicant yellowfin grouper, yellowmouth p.m. eastern time. general instructions regarding grouper, warsaw grouper, and speckled (ii) The RA will mail initial procedures related to the IFQ online hind, but only as specified in paragraph shareholders and dealers with Gulf reef system, including how to set up an (a)(6) of this section. Under the IFQ fish dealer permits information and online account and a user identification program, the RA initially will assign instructions pertinent to setting up an number—the personal identification eligible participants IFQ shares, in five IFQ online account. Other eligible number (PIN) will be provided in a share categories. These IFQ shares are persons who desire to become IFQ subsequent letter. equivalent to a percentage of the annual participants by purchasing IFQ shares or (D) A participant who has established commercial quotas for DWG, red allocation or by obtaining a Gulf IFQ an IFQ online account must notify the grouper, gag, Other SWG, and tilefishes, dealer endorsement must first contact RA within 30 days after there is any based on their applicable historical IFQ Customer Service at 1–866–425– change in the information submitted landings. Shares determine the amount 7627 to obtain information necessary to through the application for an IFQ of IFQ allocation for Gulf groupers and set up the required IFQ online account. Online Account. The IFQ online tilefishes, in pounds gutted weight, a All current IFQ participants must account is void if any change in the shareholder is initially authorized to complete and submit the application for application information is not reported possess, land, or sell in a given calendar an IFQ Online Account to certify their within 30 days. year. Shares and annual IFQ allocation citizenship status and ensure their (E) A person who has established an are transferable. See paragraph (b)(1) of account information (e.g., mailing IFQ online account must update and this section regarding a requirement for address, corporate shareholdings, etc.) is confirm the account information every 2 a vessel landing groupers or tilefishes up to date. See paragraph (b)(11) of this years. IFQ online accounts are updated subject to this IFQ program to have an section regarding requirements for the through the submission of the IFQ vessel account for Gulf groupers application for an IFQ Online Account. application for an IFQ Online Account. and tilefishes. See paragraph (b)(2) of Each IFQ participant must monitor his/ Accounts must be updated prior to the this section regarding a requirement for her online account and all associated account validity date (expiration date of a Gulf IFQ dealer endorsement. Details messages and comply with all IFQ the account) that is displayed on each regarding eligibility, applicable landings online reporting requirements. account holder’s IFQ online account history, account setup and transaction (iii) During catastrophic conditions page. The RA will mail each participant requirements, constraints on only, the IFQ program provides for use who has established an online account transferability, and other provisions of of paper-based components for basic an application approximately 2 months this IFQ system are provided in the required functions as a backup. The RA prior to the Account Validity Date. A following paragraphs of this section. will determine when catastrophic participant who does not receive an (1) Scope. The provisions of this conditions exist, the duration of the application at least 45 days prior to the section apply to Gulf groupers and catastrophic conditions, and which Account Validity Date must contact IFQ tilefishes in or from the Gulf EEZ and, participants or geographic areas are Customer Service at 1–866–425–7627 for a person aboard a vessel with an IFQ deemed affected by the catastrophic and request an application. Failure to vessel account for Gulf groupers and conditions. The RA will provide timely submit a completed application prior to tilefishes as required by paragraph (b)(1) notice to affected participants via the account validity date will lead to the of this section or for a person with a publication of notification in the suspension of the IFQ online account Gulf IFQ dealer endorsement as Federal Register, NOAA weather radio, until a completed application is required by paragraph (b)(2) of this fishery bulletins, and other appropriate submitted. section, these provisions apply to Gulf means and will authorize the affected

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participants’ use of paper-based of red grouper multi-use allocation is for the applicable species or species components for the duration of the equal to zero. groups must have been established. As catastrophic conditions. NMFS will (ii) Gag multi-use allocation. (A) At a condition of the IFQ vessel account, a provide each IFQ dealer the necessary the time the commercial quota for gag is person aboard such vessel must comply paper forms, sequentially coded, and distributed to IFQ shareholders, a with the requirements of this section, instructions for submission of the forms percentage of each shareholder’s initial § 622.22, when fishing for groupers or to the RA. The paper forms will also be gag allocation will be converted to gag tilefishes regardless of where the fish available from the RA. The program multi-use allocation. Gag multi-use are harvested or possessed. An owner of functions available to participants or allocation, determined annually, will be a vessel with a commercial vessel geographic areas deemed affected by based on the following formula: permit for Gulf reef fish, who has catastrophic conditions will be limited Gag multi-use allocation (in percent) = established an IFQ account for the under the paper-based system. There 100 * [Red grouper ACL ¥ Red applicable species, as specified in will be no mechanism for transfers of grouper commercial quota]/Gag paragraph (a)(3)(i) of this section, online IFQ shares or allocation under the commercial quota via the NMFS IFQ Web site paper-based system in effect during (B) Gag multi-use allocation may be ifq.sero.nmfs.noaa.gov, may establish a catastrophic conditions. Assistance in used to possess, land, or sell either gag vessel account through that IFQ account complying with the requirements of the or red grouper under certain conditions. for that permitted vessel. If such owner paper-based system will be available via Gag multi-use allocation may be used to does not have an online IFQ account, IFQ Customer Service 1–866–425–7627 possess, land, or sell gag only after an the owner must first contact IFQ Monday through Friday between 8 a.m. IFQ account holder’s (shareholder or Customer Service at 1–866–425–7627 to and 4:30 p.m. eastern time. allocation holder’s) gag allocation has obtain information necessary to access (4) IFQ allocation. IFQ allocation is been landed and sold, or transferred; the IFQ Web site and establish an online the amount of Gulf groupers and and to possess, land, or sell red grouper, IFQ account. There is no fee to set-up tilefishes, in pounds gutted weight, an only after both red grouper and red an IFQ account or a vessel account. IFQ shareholder or allocation holder is grouper multi-use allocation have been Only one vessel account may be authorized to possess, land, or sell landed and sold, or transferred. Multi- established per vessel under each IFQ during a given fishing year. IFQ use allocation transfer procedures and program. An owner with multiple allocation for the five respective share restrictions are specified in paragraph vessels may establish multiple vessel categories is derived at the beginning of (b)(6)(iv) of this section. However, if red accounts under each IFQ account. The each year by multiplying a shareholder’s grouper is under a rebuilding plan, the purpose of the vessel account is to hold IFQ share times the annual commercial percentage of red grouper multi-use IFQ allocation that is required to land quota for gag, red grouper, DWG, Other allocation is equal to zero. the applicable IFQ species. A vessel SWG and tilefishes. If a quota is (6) Warsaw grouper and speckled account must hold sufficient IFQ increased after the beginning of the hind classification. Warsaw grouper and allocation in the appropriate share fishing year, then IFQ allocation is speckled hind are considered DWG category, at least equal to the pounds in derived by multiplying a shareholder’s species and under certain circumstances gutted weight of the groupers and IFQ share at the time of the quota SWG species. For the purposes of the tilefishes on board, from the time of increase by the amount the annual IFQ program for Gulf groupers and advance notice of landing through commercial quota is increased. tilefishes, after all of an IFQ account landing (except for any overage allowed (5) Red grouper and gag multi-use holder’s DWG allocation has been as specified in paragraph (b)(3)(ii) for allocation—(i) Red grouper multi-use landed and sold, or transferred, or if an groupers and tilefishes). The vessel allocation. (A) At the time the IFQ account holder has no DWG account remains valid as long as the commercial quota for red grouper is allocation, then Other SWG allocation vessel permit remains valid; the vessel distributed to IFQ shareholders, a may be used to land and sell warsaw has not been sold or transferred; and the percentage of each shareholder’s initial grouper and speckled hind. vessel owner is in compliance with all red grouper allocation will be converted (7) Scamp classification. Scamp is Gulf reef fish and IFQ reporting to red grouper multi-use allocation. Red considered a SWG species and under requirements, has paid all applicable grouper multi-use allocation, certain circumstances a DWG. For the IFQ fees, and is not subject to sanctions determined annually, will be based on purposes of the IFQ program for Gulf under 15 CFR part 904. The vessel the following formula: groupers and tilefishes, after all of an account is not transferable to another Red Grouper multi-use allocation (in IFQ account holder’s Other SWG vessel. The provisions of this paragraph percent) = 100 * [Gag ACL ¥ Gag allocation has been landed and sold, or do not apply to fishing for or possession commercial quota]/Red grouper transferred, or if an IFQ account holder of Gulf groupers and tilefishes under the commercial quota has no SWG allocation, then DWG bag limit specified in § 622.38(b)(2) and (B) Red grouper multi-use allocation allocation may be used to land and sell (5) respectively. may be used to possess, land, or sell scamp. (2) Gulf IFQ dealer endorsements. In either red grouper or gag under certain (b) IFQ operations and addition to the requirement for a dealer conditions. Red grouper multi-use requirements—-(1) IFQ vessel accounts permit for Gulf reef fish as specified in allocation may be used to possess, land, for Gulf groupers and tilefishes. For a § 622.20(c), for a dealer to receive or sell red grouper only after an IFQ person aboard a vessel, for which a groupers and tilefishes subject to the account holder’s (shareholder or commercial vessel permit for Gulf reef IFQ program for Gulf groupers and allocation holder’s) red grouper fish has been issued, to fish for, possess, tilefishes, as specified in paragraph allocation has been landed and sold, or or land Gulf groupers (including DWG (a)(1) of this section, or for a person transferred; and to possess, land, or sell and SWG, as specified in paragraph (a) aboard a vessel with a Gulf IFQ vessel gag, only after both gag and gag multi- of this section or tilefishes (including account to sell such groupers and use allocation have been landed and goldface tilefish, blueline tilefish, and tilefishes directly to an entity other than sold, or transferred. However, if gag is tilefish), regardless of where harvested a dealer, such persons must also have a under a rebuilding plan, the percentage or possessed, a Gulf IFQ vessel account Gulf IFQ dealer endorsement. A dealer

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with a Gulf reef fish permit can in the transaction. The fisherman must landing transaction report. Such dealer download a Gulf IFQ dealer validate the dealer transaction report by is responsible for submitting all endorsement from the NMFS IFQ Web entering the unique PIN for the vessel applicable cost recovery fees to NMFS site at ifq.sero.nmfs.noaa.gov. If such account when the transaction report is on a quarterly basis. The fees are due persons do not have an IFQ online submitted. After the dealer submits the and must be submitted, using pay.gov account, they must first contact IFQ report and the information has been via the IFQ system, at the end of each Customer Service at 1–866–425–7627 to verified by NMFS, the online system calendar-year quarter, but no later than obtain information necessary to access will send a transaction approval code to 30 days after the end of each calendar- the IFQ Web site and establish an IFQ the dealer and the allocation holder. year quarter. Fees not received by the online account. There is no fee for (iv) If there is a discrepancy regarding deadline are delinquent. obtaining this endorsement. The the landing transaction report after (iii) Fee payment procedure. For each endorsement remains valid as long as approval, the dealer or vessel account IFQ dealer, the IFQ system will post, in the Gulf reef fish dealer permit remains holder (or his or her authorized agent) individual IFQ dealer accounts, an end- valid and the dealer is in compliance must initiate a landing transaction of-quarter statement of cost recovery with all Gulf reef fish and IFQ reporting correction form to correct the landing fees that are due. The dealer is requirements, has paid all IFQ fees transaction. This form is available via responsible for submitting the cost required, and is not subject to any the IFQ Web site at recovery fee payments using pay.gov via sanctions under 15 CFR part 904. The ifq.sero.nmfs.noaa.gov. The dealer must the IFQ system. Authorized payment endorsement is not transferable. then print out the form, both parties methods are credit card, debit card, or (3) IFQ Landing and transaction must sign it, and the form must be automated clearing house (ACH). requirements. (i) Gulf groupers and mailed to NMFS. The form must be Payment by check will be authorized tilefishes subject to this IFQ program received by NMFS no later than 15 days only if the RA has determined that the can only be possessed or landed by a after the date of the initial landing geographical area or an individual(s) is vessel with a IFQ vessel account for transaction. affected by catastrophic conditions. Gulf groupers and tilefishes. Such (4) IFQ cost recovery fees. As required (iv) Fee reconciliation process— groupers and tilefishes can only be by the Magnuson-Stevens Act, the RA delinquent fees. The following received by a dealer with a Gulf IFQ will collect a fee to recover the actual procedures apply to an IFQ dealer dealer endorsement. The vessel landing costs directly related to the management whose cost recovery fees are delinquent. groupers or tilefishes must have and enforcement of the IFQ program for (A) On or about the 31st day after the sufficient IFQ allocation in the IFQ Gulf groupers and tilefishes. The fee end of each calendar-year quarter, the vessel account, at least equal to the cannot exceed 3 percent of the ex-vessel RA will send the dealer an electronic pounds in gutted weight of grouper or value of Gulf groupers and tilefishes message via the IFQ Web site and tilefish species to be landed, from the landed under the IFQ program as official notice via mail indicating the time of advance notice of landing described in the Magnuson-Stevens Act. applicable fees are delinquent, and the through landing, except as provided in Such fees will be deposited in the dealer’s IFQ account has been paragraph (b)(3)(ii) of this section. Limited Access System Administration suspended pending payment of the (ii) A person on board a vessel with Fund (LASAF). Initially, the fee will be applicable fees. an IFQ vessel account landing the 3 percent of the actual ex-vessel price of (B) On or about the 91st day after the shareholder’s only remaining allocation Gulf groupers and tilefishes landed per end of each calendar-year quarter, the from among any of the grouper or trip under the IFQ program, as RA will refer any delinquent IFQ dealer tilefish share categories, can legally documented in each landings cost recovery fees to the appropriate exceed, by up to 10 percent, the transaction report. The RA will review authorities for collection of payment. shareholder’s allocation remaining on the cost recovery fee annually to (5) Measures to enhance IFQ program that last fishing trip of the fishing year, determine if adjustment is warranted. enforceability—(i) Advance notice of i.e. a one-time per fishing year overage. Factors considered in the review landing. For the purpose of this Any such overage will be deducted from include the catch subject to the IFQ cost paragraph, landing means to arrive at a the shareholder’s applicable allocation recovery, projected ex-vessel value of dock, berth, beach, seawall, or ramp. for the subsequent fishing year. From the catch, costs directly related to the The owner or operator of a vessel the time of the overage until January 1 management and enforcement of the landing IFQ groupers or tilefishes is of the subsequent fishing year, the IFQ IFQ program, the projected IFQ balance responsible for ensuring that NMFS is shareholder must retain sufficient in the LASAF, and expected non- contacted at least 3 hours, but no more shares to account for the allocation that payment of fee liabilities. If the RA than 12 hours, in advance of landing to will be deducted the subsequent fishing determines that a fee adjustment is report the time and location of landing, year. Share transfers that would violate warranted, the RA will publish a estimated grouper and tilefish landings this requirement will be prohibited. notification of the fee adjustment in the in pounds gutted weight for each share (iii) The dealer is responsible for Federal Register. category (gag, red grouper, DWG, Other completing a landing transaction report (i) Payment responsibility. The IFQ SWG, tilefishes), vessel identification for each landing and sale of Gulf account holder specified in the number (Coast Guard registration groupers and tilefishes via the IFQ Web documented IFQ landing transaction number or state registration number), site at ifq.sero.nmfs.noaa.gov at the time report for Gulf groupers and tilefishes is and the name and address of the IFQ of the transaction in accordance with responsible for payment of the dealer where the groupers or tilefishes reporting form and instructions applicable cost recovery fees. are to be received. The vessel landing provided on the Web site. This report (ii) Collection and submission groupers or tilefishes must have includes, but is not limited to, date, responsibility. A dealer who receives sufficient IFQ allocation in the IFQ time, and location of transaction; weight Gulf groupers or tilefishes subject to the vessel account, and in the appropriate and actual ex-vessel price of groupers IFQ program is responsible for share category or categories, at least and tilefishes landed and sold; and collecting the applicable cost recovery equal to the pounds in gutted weight of information necessary to identify the fee for each IFQ landing from the IFQ all groupers and tilefishes on board fisherman, vessel, and dealer involved account holder specified in the IFQ (except for any overage up to the 10

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percent allowed on the last fishing trip) must be submitted at least 45 days (ii) Share transfer procedures. Share from the time of the advance notice of before the end of the calendar-year transfers must be accomplished online landing through landing. Authorized quarter. NMFS will evaluate the via the IFQ Web site. An IFQ methods for contacting NMFS and proposed sites based on, but not limited shareholder must initiate a share submitting the report include calling to, the following criteria: transfer request by logging onto the IFQ IFQ Customer Service at 1–866–425– (A) Landing locations must have a Web site at ifq.sero.nmfs.noaa.gov. An 7627, completing and submitting to street address. If there is no street IFQ shareholder who is subject to a NMFS the notification form provided address on record for a particular sanction under 15 CFR part 904 is through the VMS unit, or providing the landing location, global positioning prohibited from initiating a share required information to NMFS through system (GPS) coordinates for an transfer. An IFQ shareholder who is the web-based form available on the IFQ identifiable geographic location must be subject to a pending sanction under 15 Web site at ifq.sero.nmfs.noaa.gov. As provided. CFR part 904 must disclose in writing new technology becomes available, (B) Landing locations must be to the prospective transferee the NMFS will add other authorized publicly accessible by land and water, existence of any pending sanction at the methods for complying with the and must satisfy the following criteria: time of the transfer. Following the advance notification requirement, via (1) Vehicles must have access to the instructions provided on the Web site, appropriate rulemaking. Failure to site via public roads; the shareholder must enter pertinent comply with this advance notice of (2) Vessels must have access to the information regarding the transfer site via navigable water; landing requirement is unlawful and request including, but not limited to: (3) No other condition may impede will preclude authorization to complete amount of shares to be transferred, free and immediate access to the site by the landing transaction report required which must be a minimum of 0.000001 in paragraph (b)(3)(iii) of this section an authorized law enforcement officer. Examples of such conditions include, percent; name of the eligible transferee; and, thus, will preclude issuance of the and the value of the transferred shares. required transaction approval code. but are not limited to: A locked gate, fence, wall, or other barrier preventing For the first 5 years this IFQ program is (ii) Time restriction on offloading. For in effect, an eligible transferee is a the purpose of this paragraph, 24-hour access to the site; a gated community entry point; a guard; animal; person who has a valid commercial offloading means to remove IFQ vessel permit for Gulf reef fish; is in groupers and tilefishes from a vessel. a posted sign restricting access to the site; or any other physical deterrent. compliance with all reporting IFQ groupers or tilefishes may be requirements for the Gulf reef fish offloaded only between 6 a.m. and 6 (6) Transfer of IFQ shares and allocation. Until January 1, 2015, IFQ fishery and the IFQ program for Gulf p.m., local time. groupers and tilefishes; is not subject to (iii) Restrictions on transfer of IFQ shares and allocations can be transferred only to a person who holds a valid sanctions under 15 CFR part 904; and groupers and tilefishes. At-sea or who would not be in violation of the dockside transfer of IFQ groupers or commercial vessel permit for Gulf reef share or allocation caps as specified in tilefishes from one vessel to another fish; thereafter, IFQ shares and paragraph (b)(8) of this section. vessel is prohibited. allocations can be transferred only to a (iv) Requirement for transaction U.S. citizen or permanent resident alien. Thereafter, share transferee eligibility approval code. If IFQ groupers or However, a valid commercial permit for will only include U.S. citizens and tilefishes are offloaded to a vehicle for Gulf reef fish, an IFQ vessel account for permanent resident aliens who are transport to a dealer, on-site capability Gulf groupers and tilefishes, and IFQ otherwise in compliance with the to accurately weigh the fish and to allocation for Gulf groupers or tilefishes provisions of this section. The online connect electronically to the online IFQ are required to possess (at and after the system will verify the information system to complete the transaction and time of the advance notice of landing), entered. If the information is not obtain the transaction approval code is land or sell Gulf groupers or tilefishes accepted, the online system will send required. After a landing transaction has subject to this IFQ program. the shareholder an electronic message been completed, a transaction approval (i) Share transfers. Share transfers are explaining the reason(s). If the code verifying a legal transaction of the permanent, i.e., they remain in effect information is accepted, the online amount of IFQ groupers and tilefishes in until subsequently transferred. Transfer system will send the transferee an possession and a copy of the dealer of shares will result in the electronic message of the pending endorsement must accompany any IFQ corresponding allocation being transfer. The transferee must approve groupers or tilefishes from the landing automatically transferred to the person the share transfer by electronic location through possession by a dealer. receiving the transferred share signature. If the transferee approves the This requirement also applies to IFQ beginning with the fishing year share transfer, the online system will groupers and tilefishes possessed on a following the year the transfer occurred. send a transfer approval code to both vessel that is trailered for transport to a However, within the fishing year the the shareholder and transferee dealer. share transfer occurs, transfer of shares confirming the transaction. All share (v) Approved landing locations. and associated allocation are transfers must be completed and the Landing locations must be approved by independent—unless the associated transaction approval code received prior NMFS Office for Law Enforcement prior allocation is transferred separately, it to December 31 at 6 p.m. eastern time to landing or offloading at these sites. remains with the transferor for the each year. Proposed landing locations may be duration of that fishing year. A share (iii) Allocation transfers. An submitted online via the IFQ Web site transfer transaction that remains in allocation transfer is valid only for the at ifq.sero.nmfs.noaa.gov, or by calling pending status, i.e., has not been remainder of the fishing year in which IFQ Customer Service at 1–866–425– completed and verified with a it occurs; it does not carry over to the 7627, at any time; however, new landing transaction approval code, after 30 days subsequent fishing year. Any allocation locations will be approved only at the from the date the shareholder initiated that is unused at the end of the fishing end of each calendar-year quarter. To the transfer will be cancelled, and the year is void. Allocation may be have your landing location approved by pending shares will be re-credited to the transferred to a vessel account from any the end of the calendar-year quarter, it shareholder who initiated the transfer. IFQ account. Allocation held in a vessel

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account, however, may only be allocation) is determined by adding the beginning of the subsequent fishing transferred back to the IFQ account applicable IFQ shares (or allocation) year. through which the vessel account was held by the corporation and any other (10) Annual recalculation and established. IFQ shares (or allocation) held by a notification of IFQ shares and (iv) Allocation transfer procedures corporation(s) owned by the original allocation. On or about January 1 each and restrictions—(A) Allocation transfer corporation prorated based on the level year, IFQ shareholders will be notified, procedures. Allocation transfers must be of ownership. An individual’s total IFQ via the IFQ Web site at accomplished online via the IFQ Web share is determined by adding the ifq.sero.nmfs.noaa.gov, of their IFQ site. An IFQ account holder must applicable IFQ shares held by the shares and allocations, for each of the initiate an allocation transfer by logging individual and the applicable IFQ five share categories, for the upcoming onto the IFQ Web site at shares equivalent to the corporate share fishing year. These updated share values ifq.sero.nmfs.noaa.gov, entering the the individual holds in a corporation. will reflect the results of applicable required information, including but not An individual’s total IFQ allocation is share transfers and any redistribution of limited to, the name of an eligible determined by adding the individual’s shares (subject to cap restrictions) transferee and amount of IFQ allocation total allocation to the allocation derived resulting from permanent revocation of to be transferred and price, and from the IFQ shares equivalent to the IFQ shares. Allocation, for each share submitting the transfer electronically. corporate share the individual holds in category, is calculated by multiplying An IFQ allocation holder who is subject a corporation. IFQ share for that category times the to a sanction under 15 CFR part 904 is (i) IFQ share cap for each share annual commercial quota or commercial prohibited from initiating an allocation category. No person, including a catch allowance for that share category. transfer. An IFQ allocation holder who corporation or other entity, may Updated allocation values will reflect is subject to a pending sanction under individually or collectively hold IFQ any change in IFQ share for each share 15 CFR part 904 must disclose in shares in any share category (gag, red category, any change in the annual writing to the prospective transferee the grouper, DWG, Other SWG, or tilefishes) commercial quota or commercial catch existence of any pending sanction at the in excess of the maximum share initially allowance for the applicable categories; time of the transfer. If the transfer is issued for the applicable share category and any debits required as a result of approved, the Web site will provide a to any person at the beginning of the prior fishing year overages as specified transfer approval code to the transferor IFQ program, as of the date appeals are in paragraph (b)(3)(ii) of this section. and transferee confirming the resolved and shares are adjusted IFQ participants can monitor the status transaction. accordingly. A corporation must of their shares and allocation (B) Multi-use allocation transfer provide to the RA the identity of the throughout the year via the IFQ Web restrictions—(1) Red grouper multi-use site. shareholders of the corporation and allocation. Red grouper multi-use (11) Gulf grouper and tilefish IFQ their percent of shares in the allocation may only be transferred after program participation for current corporation for initial issuance of IFQ all an IFQ account holder’s red grouper grouper and tilefish IFQ account allocation has been landed and sold, or shares and allocation, and provide holders. (i) A current participant in the transferred. updated information to the RA within Gulf grouper and tilefish IFQ program (2) Gag multi-use allocation. Gag 30 days of when changes occur. This must complete and submit the multi-use allocation may only be information must also be provided to application for an IFQ Online Account transferred after all an IFQ account the RA any time a commercial vessel that is available on the Web site holder’s gag allocation has been landed permit for Gulf reef fish is renewed or sero.nmfs.noaa.gov, to certify status as a and sold, or transferred. transferred and at the time of renewal of U.S. citizen or permanent resident alien. (7) Restricted transactions during the the application for an IFQ Online The account holder must also complete 20-hour online maintenance window. Account. and submit any other information on All electronic IFQ transactions must be (ii) Total allocation cap. No person, this form that may be necessary for the completed by December 31 at 6 p.m. including a corporation or other entity, administration of the IFQ online eastern time each year. Electronic IFQ may individually or collectively hold, account. functions will resume again on January cumulatively during any fishing year, (ii) A person with an established IFQ 1 at 2 p.m. eastern time the following IFQ allocation in excess of the total online account must update and fishing year. The remaining 6 hours allocation cap. The total allocation cap confirm the account information every 2 prior to the end of the fishing year, and is the sum of the maximum allocations years. IFQ online accounts are updated the 14 hours at the beginning of the next associated with the share caps for each through the submission of the fishing year, are necessary to provide individual share category and is application for an IFQ Online Account. NMFS time to reconcile IFQ accounts, calculated annually based on the Accounts must be updated prior to the adjust allocations for the upcoming year applicable quotas or catch allowance account validity date (expiration date of if the commercial quotas or catch associated with each share category. the account) that is displayed on each allowances for Gulf groupers and (9) Redistribution of shares resulting account holder’s IFQ online account tilefishes have changed, and update from permanent revocation. If a page. The RA will provide each shares and allocations for the upcoming shareholder’s IFQ shares have been participant who has established an fishing year. No electronic IFQ permanently revoked, the RA will online account an application transactions will be available during redistribute the IFQ shares approximately 2 months prior to the these 20 hours. An advance notice of proportionately among remaining account validity date. A participant who landing may still be submitted during shareholders (subject to cap restrictions) is not provided an application at least the 20-hour maintenance window by based upon the amount of shares each 45 days prior to the account validity using the vessel’s VMS unit or calling held just prior to the redistribution. date must contact IFQ Customer Service IFQ Customer Service at 1–866–425– During December of each year, the RA at 1–866–425–7627 and request an 7627. will determine the amount of revoked application. Failure to submit a (8) IFQ share and allocation caps. A shares, if any, to be redistributed, and completed application prior to the corporation’s total IFQ share (or the shares will be distributed at the participant’s account validity date will

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lead to the suspension of the selected to report by the SRD must fish on the car or truck have been participant’s access to his IFQ online maintain a fishing record for each trip, received. The vehicle operator must account until a completed application is or a portion of such trips as specified by provide such record for inspection upon submitted. Participants who certify that the SRD, on forms provided by the SRD the request of an authorized officer. they are either not a U.S. citizen or and must submit such record as permanent resident alien will be specified in paragraph (b)(2) of this § 622.27 At-sea observer coverage. ineligible to receive shares or allocation section. (a) Required coverage. A vessel for through transfer. (2) Reporting deadlines—(i) Charter which a Federal commercial vessel vessels. Completed fishing records permit for Gulf reef fish or a charter §§ 622.23–622.24 [Reserved] required by paragraph (b)(1) of this vessel/headboat permit for Gulf reef fish § 622.25 Exemptions for the Gulf section for charter vessels must be has been issued must carry a NMFS- groundfish trawl fishery. submitted to the SRD weekly, approved observer, if the vessel’s trip is Gulf groundfish trawl fishery means postmarked not later than 7 days after selected by the SRD for observer fishing in the Gulf EEZ by a vessel that the end of each week (Sunday). coverage. Vessel permit renewal is uses a bottom trawl, the unsorted catch Information to be reported is indicated contingent upon compliance with this of which is ground up for animal feed on the form and its accompanying paragraph (a). or industrial products. instructions. (b) Notification to the SRD. When (a) Other provisions of this part (ii) Headboats. Completed fishing observer coverage is required, an owner notwithstanding, the owner or operator records required by paragraph (b)(1) of or operator must advise the SRD in of a vessel in the Gulf groundfish trawl this section for headboats must be writing not less than 5 days in advance fishery is exempt from the following submitted to the SRD monthly and must of each trip of the following: requirements and limitations for the either be made available to an (1) Departure information (port, dock, vessel’s unsorted catch of Gulf reef fish: authorized statistical reporting agent or date, and time). (1) The requirement for a valid be postmarked not later than 7 days (2) Expected landing information commercial vessel permit for Gulf reef after the end of each month. Information (port, dock, and date). fish in order to sell Gulf reef fish. to be reported is indicated on the form (c) Observer accommodations and (2) Minimum size limits for Gulf reef and its accompanying instructions. access. An owner or operator of a vessel fish. (c) Dealers. A person who purchases on which a NMFS-approved observer is (3) Bag limits for Gulf reef fish. Gulf reef fish from a fishing vessel, or embarked must: (4) The prohibition on sale of Gulf person, that fishes for or lands such fish (1) Provide accommodations and food reef fish after a quota closure. in or from the EEZ or adjoining state that are equivalent to those provided to (b) Other provisions of this part waters must maintain records and the crew. notwithstanding, a dealer in a Gulf state submit information as follows: (2) Allow the observer access to and is exempt from the requirement for a (1) A dealer must maintain at his/her use of the vessel’s communications dealer permit for Gulf reef fish to principal place of business a record of equipment and personnel upon request receive Gulf reef fish harvested from the Gulf reef fish that he/she receives. The for the transmission and receipt of Gulf EEZ by a vessel in the Gulf record must contain the name of each messages related to the observer’s groundfish trawl fishery. fishing vessel from which reef fish were duties. received and the date, species, and (3) Allow the observer access to and § 622.26 Recordkeeping and reporting. quantity of each receipt. A dealer must use of the vessel’s navigation equipment (a) Commercial vessel owners and retain such record for at least 1 year and personnel upon request to operators. The owner or operator of a after receipt date and must provide such determine the vessel’s position. vessel for which a commercial permit record for inspection upon the request (4) Allow the observer free and for Gulf reef fish has been issued, as of an authorized officer or the SRD. unobstructed access to the vessel’s required under § 622.20(a)(1), or whose (2) When requested by the SRD, a bridge, working decks, holding bins, vessel fishes for or lands reef fish in or dealer must provide information from weight scales, holds, and any other from state waters adjoining the Gulf his/her record of Gulf reef fish received, space used to hold, process, weigh, or EEZ, who is selected to report by the the total poundage of each species store fish. SRD must maintain a fishing record on received during the month, average (5) Allow the observer to inspect and a form available from the SRD. These monthly price paid for each species by copy the vessel’s log, communications completed fishing records must be market size, and proportion of total logs, and any records associated with submitted to the SRD postmarked not poundage landed by each gear type. the catch and distribution of fish for that later than 7 days after the end of each This information must be provided on trip. fishing trip. If no fishing occurred forms available from the SRD and must during a calendar month, a report so be submitted to the SRD at monthly § 622.28 Vessel monitoring systems stating must be submitted on one of the intervals, postmarked not later than 5 (VMSs). forms postmarked not later than 7 days days after the end of the month. The VMS requirements of this section after the end of that month. Information Reporting frequency and reporting apply throughout the Gulf of Mexico to be reported is indicated on the form deadlines may be modified upon and adjacent states. and its accompanying instructions. notification by the SRD. If no reef fish (a) General VMS requirement. An (b) Charter vessel/headboat owners were received during a calendar month, owner or operator of a vessel that has and operators–-(1) Reporting a report so stating must be submitted on been issued a commercial vessel permit requirement. The owner or operator of one of the forms, postmarked not later for Gulf reef fish, including a charter a vessel for which a charter vessel/ than 5 days after the end of the month. vessel/headboat issued such a permit headboat permit for Gulf reef fish has (3) The operator of a car or truck that even when under charter, must ensure been issued, as required under is used to pick up from a fishing vessel that such vessel has an operating VMS § 622.20(b), or whose vessel fishes for or reef fish harvested from the Gulf must approved by NMFS for use in the Gulf lands such reef fish in or from state maintain a record containing the name reef fish fishery on board at all times waters adjoining the Gulf EEZ, who is of each fishing vessel from which reef whether or not the vessel is underway,

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unless exempted by NMFS under the (1) The vessel will be continuously 13th Avenue South, St. Petersburg, FL power-down exemptions specified in out of the water or in port, as defined 33701, a statement certifying paragraph (d) of this section and in the in paragraph (c) of this section, for more compliance with the checklist, as NOAA Enforcement Vessel Monitoring than 72 consecutive hours; prescribed on the checklist. System Requirements for the Reef Fish (2) The owner or operator of the (3) Submit to NMFS Office for Law Fishery of the Gulf of Mexico. This vessel applies for and obtains a valid Enforcement, Southeast Region, 263 NOAA Enforcement Vessel Monitoring letter of exemption from NMFS OLE 13th Avenue South, St. Petersburg, FL System Requirements document is VMS personnel as specified in the 33701, a vendor-completed installation available from NMFS Office for Law NOAA Enforcement Vessel Monitoring certification checklist, which is Enforcement (OLE), Southeast Region, System Requirements for the Reef Fish available from NMFS Office for Law 263 13th Avenue South, St. Petersburg, Fishery of the Gulf of Mexico. This is a Enforcement, Southeast Region, 263 FL 33701; phone: 800–758–4833. An one-time requirement. The letter of 13th Avenue South, St. Petersburg, FL operating VMS includes an operating exemption must be maintained on board 33701; phone: 800–758–4833. mobile transmitting unit on the vessel the vessel and remains valid for all (g) Interference with the VMS. No and a functioning communication link subsequent power-down requests person may interfere with, tamper with, between the unit and NMFS as provided conducted consistent with the alter, damage, disable, or impede the by a NMFS-approved communication provisions of paragraphs (d)(3) and (4) operation of the VMS, or attempt any of service provider. NMFS OLE maintains of this section. the same. a current list of approved VMS units (3) Prior to each power-down, the owner or operator of the vessel files a (h) Interruption of operation of the and communication providers which is VMS. When a vessel’s VMS is not available from the VMS Support Center, report to NMFS OLE VMS program operating properly, the owner or NMFS OLE, 8484 Georgia Avenue, Suite personnel, using the VMS unit’s email, operator must immediately contact 415, Silver Spring, MD 20910 or by that includes the name of the person NMFS Office for Law Enforcement, calling toll free: 888–219–9228. If a filing the report, vessel name, vessel Southeast Region, 263 13th Avenue VMS unit approved for the Gulf reef fish U.S. Coast Guard documentation South, St. Petersburg, FL 33701, phone: fishery is removed from the approved number or state registration number, 800–758–4833, and follow instructions list by NMFS OLE, a vessel owner who commercial vessel reef fish permit from that office. If notified by NMFS purchased and installed such a VMS number, vessel port location during that a vessel’s VMS is not operating unit prior to its removal from the VMS power down, estimated duration properly, the owner and operator must approved list will be considered to be in of the power down exemption, and follow instructions from that office. In compliance with the requirement to reason for power down; and have an approved unit, unless otherwise (4) The owner or operator enters the either event, such instructions may notified by NMFS OLE. At the end of a power-down code through the use of the include, but are not limited to, manually VMS unit’s service life, it must be VMS Declaration form on the terminal communicating to a location designated replaced with a currently approved unit and, prior to powering down the VMS, by NMFS the vessel’s positions or for the fishery. receives a confirmation, through the returning to port until the VMS is (b) Hourly reporting requirement. An VMS terminal, that the form was operable. owner or operator of a vessel subject to successfully delivered. (i) Access to position data. As a the requirements of paragraph (a) of this (e) Declaration of fishing trip and condition of authorized fishing for or section must ensure that the required gear. Prior to departure for each trip, a possession of fish in a fishery subject to VMS unit transmits a signal indicating vessel owner or operator must report to VMS requirements in this section, a the vessel’s accurate position at least NMFS any fishery the vessel will vessel owner or operator subject to the once an hour, 24 hours a day every day participate in on that trip and the requirements for a VMS in this section unless exempted under paragraphs (c) specific type(s) of fishing gear, using must allow NMFS, the USCG, and their or (d) of this section. NMFS-defined gear codes, that will be authorized officers and designees access (c) In-port exemption. While in port, on board the vessel. This information to the vessel’s position data obtained an owner or operator of a vessel with a may be reported to NMFS using the toll- from the VMS. type-approved VMS unit configured free number, 888–219–9228, or via an § 622.29 Conservation measures for with the 4-hour reporting feature may attached VMS terminal. protected resources. utilize the 4-hour reporting feature (f) Installation and activation of a rather than comply with the hourly VMS. Only a VMS that has been (a) Gulf reef fish commercial vessels reporting requirement specified in approved by NMFS for the Gulf reef fish and charter vessels/headboats—(1) Sea paragraph (b) of this section. Once the fishery may be used, and the VMS must turtle conservation measures. (i) The vessel is no longer in port, the hourly be installed by a qualified marine owner or operator of a vessel for which reporting requirement specified in electrician. When installing and a commercial vessel permit for Gulf reef paragraph (b) of this section applies. For activating the NMFS-approved VMS, or fish or a charter vessel/headboat permit the purposes of this section, ‘‘in port’’ when reinstalling and reactivating such for Gulf reef fish has been issued, as means secured at a land-based facility, VMS, the vessel owner or operator required under or moored or anchored after the return must— §§ 622.20(a)(1) and 622.20(b), to a dock, berth, beach, seawall, or (1) Follow procedures indicated on a respectively, must post inside the ramp. NMFS-approved installation and wheelhouse, or within a waterproof case (d) Power-down exemptions. An activation checklist for the applicable if no wheelhouse, a copy of the owner or operator of a vessel subject to fishery, which is available from NMFS document provided by NMFS titled, the requirement to have a VMS Office for Law Enforcement, Southeast ‘‘Careful Release Protocols for Sea operating at all times as specified in Region, 263 13th Avenue South, St. Turtle Release With Minimal Injury,’’ paragraph (a) of this section can be Petersburg, FL 33701; phone: 800–758– and must post inside the wheelhouse, or exempted from that requirement and 4833; and in an easily viewable area if no may power down the required VMS unit (2) Submit to NMFS Office for Law wheelhouse, the sea turtle handling and if— Enforcement, Southeast Region, 263 release guidelines provided by NMFS.

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(ii) Such owner or operator must also (iii) Cut the line as close to the hook apply without regard to whether the comply with the sea turtle bycatch as possible; and species is harvested by a vessel mitigation measures, including gear (iv) Not handle the animal or attempt operating under a commercial vessel requirements and sea turtle handling to remove any hooks on the saw, except permit. The operator of a vessel that requirements, specified in for with a long-handled dehooker. fishes in the EEZ is responsible for the §§ 635.21(c)(5)(i) and (ii) of this chapter, (b) [Reserved] limit applicable to that vessel. respectively. (b) Goliath grouper. Goliath grouper § 622.30 Required fishing gear. (iii) Those permitted vessels with a may not be harvested or possessed in or freeboard height of 4 ft (1.2 m) or less For a person on board a vessel to fish from the Gulf EEZ. must have on board a dipnet, tire, short- for Gulf reef fish in the Gulf EEZ, the (c) Nassau grouper. Nassau grouper handled dehooker, long-nose or needle- vessel must possess on board and such may not be harvested or possessed in or nose pliers, bolt cutters, monofilament person must use the gear as specified in from the Gulf EEZ. Such fish caught in line cutters, and at least two types of paragraphs (a) through (c) of this the Gulf EEZ must be released mouth openers/mouth gags. This section. immediately with a minimum of harm. equipment must meet the specifications (a) Non-stainless steel circle hooks. (d) Gulf reef fish exhibiting trap rash. described in §§ 635.21(c)(5)(i)(E) Non-stainless steel circle hooks are Possession of Gulf reef fish in or from through (L) of this chapter with the required when fishing with natural the Gulf EEZ that exhibit trap rash is following modifications: the dipnet baits. prima facie evidence of illegal trap use handle can be of variable length, only (b) Dehooking device. At least one and is prohibited. For the purpose of one NMFS-approved short-handled dehooking device is required and must this paragraph, trap rash is defined as dehooker is required (i.e., be used to remove hooks embedded in physical damage to fish that § 635.21(c)(5)(i)(G) or (H) of this Gulf reef fish with minimum damage. characteristically results from contact chapter); and life rings, seat cushions, The hook removal device must be with wire fish traps. Such damage life jackets, and life vests or any other constructed to allow the hook to be includes, but is not limited to, broken comparable, cushioned, elevated surface secured and the barb shielded without fin spines, fin rays, or teeth; visually that allows boated sea turtles to be re-engaging during the removal process. obvious loss of scales; and cuts or immobilized, may be used as The dehooking end must be blunt, and abrasions on the body of the fish, alternatives to tires for cushioned all edges rounded. The device must be particularly on the head, snout, or surfaces as specified in of a size appropriate to secure the range mouth. § 635.21(c)(5)(i)(F) of this chapter. Those of hook sizes and styles used in the Gulf permitted vessels with a freeboard reef fish fishery. § 622.34 Seasonal and area closures height of greater than 4 ft (1.2 m) must (c) Venting tool. At least one venting designed to protect Gulf reef fish. have on board a dipnet, tire, long- tool is required and must be used to (a) Closure provisions applicable to handled line clipper, a short-handled deflate the abdominal cavities of Gulf the Madison and Swanson sites and and a long-handled dehooker, a long- reef fish to release the fish with Steamboat Lumps, and the Edges—(1) handled device to pull an inverted ‘‘V’’, minimum damage. This tool must be a Descriptions of Areas. (i) The Madison long-nose or needle-nose pliers, bolt sharpened, hollow instrument, such as and Swanson sites are bounded by cutters, monofilament line cutters, and a hypodermic syringe with the plunger rhumb lines connecting, in order, the at least two types of mouth openers/ removed, or a 16-gauge needle fixed to following points: mouth gags. This equipment must meet a hollow wooden dowel. A tool such as the specifications described in a knife or an ice-pick may not be used. Point North lat. West long. The venting tool must be inserted into § 635.21(c)(5)(i)(A) through (L) of this ° ′ ° ′ the fish at a 45-degree angle A ...... 29 17 85 50 chapter with the following B ...... 29°17′ 85°38′ modifications: only one NMFS- approximately 1 to 2 inches (2.54 to C ...... 29°06′ 85°38′ approved long-handled dehooker 5.08 cm) from the base of the pectoral D ...... 29°06′ 85°50′ (§ 635.21(c)(5)(i)(B) or (C)) of this fin. The tool must be inserted just deep A ...... 29°17′ 85°50′ chapter and one NMFS-approved short- enough to release the gases, so that the handled dehooker (§ 635.21(c)(5)(i)(G) fish may be released with minimum (ii) Steamboat Lumps is bounded by or (H) of this chapter) are required; and damage. rhumb lines connecting, in order, the following points: life rings, seat cushions, life jackets, and § 622.31 Buoy gear identification. life vests, or any other comparable, cushioned, elevated surface that allows (a) Buoy gear. In the Gulf EEZ, if buoy Point North lat. West long. boated sea turtles to be immobilized, gear is used or possessed, each buoy A ...... 28°14′ 84°48′ may be used as alternatives for must display the official number of the vessel. See § 622.2 for the definition of B ...... 28°14′ 84°37′ cushioned surfaces as specified in C ...... 28°03′ 84°37′ § 635.21(c)(5)(i)(F) of this chapter. buoy gear. ° ′ ° ′ (b) [Reserved] D ...... 28 03 84 48 (2) Smalltooth sawfish conservation A ...... 28°14′ 84°48′ measures. The owner or operator of a § 622.32 Prohibited gear and methods. vessel for which a commercial vessel Also see § 622.9 for additional (iii) The Edges is bounded by rhumb permit for Gulf reef fish or a charter prohibited gear and methods that apply lines connecting, in order, the following vessel/headboat permit for Gulf reef fish more broadly to multiple fisheries or in points: has been issued, as required under some cases all fisheries. §§ 622.20(a)(1) and 622.20(b), (a) Poisons. A poison may not be used Point North lat. West long. respectively, that incidentally catches a to take Gulf reef fish in the Gulf EEZ. ° ′ ° ′ smalltooth sawfish must— A ...... 28 51 85 16 (b) [Reserved] B ...... 28°51′ 85°04′ (i) Keep the sawfish in the water at all ° ′ ° ′ § 622.33 Prohibited species. C ...... 28 14 84 42 times; D ...... 28°14′ 84°54′ (ii) If it can be done safely, untangle (a) General. The harvest and A ...... 28°51′ 85°16′ the line if it is wrapped around the saw; possession restrictions of this section

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(2) Within the Madison and Swanson recreational sector for red snapper in or EEZ east of 85°30’ W. long. that is sites and Steamboat Lumps, possession from the Gulf EEZ is closed from shoreward of rhumb lines connecting, in of Gulf reef fish is prohibited, except for January 1 through May 31, each year. order, the following points: such possession aboard a vessel in During the closure, the bag and transit with fishing gear stowed as possession limit for red snapper in or Point North lat. West long. specified in paragraph (a)(4) of this from the Gulf EEZ is zero. A ...... 28°58.70′ 85°30.00′ section. (c) Seasonal closure of the ° ′ ° ′ (3) Within the Madison and Swanson recreational sector for greater B ...... 28 59.25 85 26.70 C ...... 28°57.00′ 85°13.80′ sites and Steamboat Lumps during amberjack. The recreational sector for D ...... 28°47.40′ 85°3.90′ November through April, and within the greater amberjack in or from the Gulf E ...... 28°19.50′ 84°43.00′ Edges during January through April, all EEZ is closed from June 1 through July F ...... 28°0.80′ 84°20.00′ fishing is prohibited, and possession of 31, each year. During the closure, the G ...... 26°48.80′ 83°40.00′ any fish species is prohibited, except for bag and possession limit for greater H ...... 25°17.00′ 83°19.00′ such possession aboard a vessel in amberjack in or from the Gulf EEZ is I ...... 24°54.00′ 83°21.00′ transit with fishing gear stowed as zero. J ...... 24°29.50′ 83°12.30′ ° ′ ° ′ specified in paragraph (a)(4) of this (d) Seasonal closure of the K ...... 24 26.50 83 00.00 section. The provisions of this recreational fishery for shallow-water paragraph, (a)(3), do not apply to highly grouper (SWG). The recreational fishery (2) Within the prohibited area and migratory species. for SWG, in or from the Gulf EEZ, is time period specified in paragraph (b)(1) (4) For the purpose of paragraph (a) of closed from February 1 through March of this section, a vessel with bottom this section, transit means non-stop 31, each year. During the closure, the longline gear on board may not possess progression through the area; fishing bag and possession limit for SWG in or Gulf reef fish unless the bottom longline gear appropriately stowed means— from the Gulf EEZ is zero. gear is appropriately stowed, and a (i) A longline may be left on the drum (e) Seasonal closure of the vessel that is using bottom longline gear if all gangions and hooks are recreational sector for gag. The to fish for species other than Gulf reef disconnected and stowed below deck. recreational sector for gag, in or from the fish may not possess Gulf reef fish. For Hooks cannot be baited. All buoys must Gulf EEZ, is closed from January 1 the purposes of paragraph (b) of this be disconnected from the gear; however, through June 30 and November 1 section, appropriately stowed means buoys may remain on deck. through December 31 each year. During that a longline may be left on the drum (ii) A trawl net may remain on deck, the closure, the bag and possession limit if all gangions and hooks are but trawl doors must be disconnected for gag in or from the Gulf EEZ is zero. disconnected and stowed below deck; from the trawl gear and must be hooks cannot be baited; and all buoys secured. § 622.35 Gear restricted areas. must be disconnected from the gear but (iii) A gillnet must be left on the (a) Reef fish stressed area. The may remain on deck. drum. Any additional gillnets not stressed area is that part of the Gulf EEZ (3) Within the Gulf EEZ east of 85°30′ attached to the drum must be stowed shoreward of rhumb lines connecting, in W. long., a vessel for which a valid below deck. order, the points listed in Table 2 in eastern Gulf reef fish bottom longline (iv) A rod and reel must be removed Appendix B of this part. endorsement has been issued that is from the rod holder and stowed securely (1) A powerhead may not be used in fishing bottom longline gear or has on or below deck. Terminal gear (i.e., the stressed area to take Gulf reef fish. bottom longline gear on board cannot hook, leader, sinker, flasher, or bait) Possession of a powerhead and a possess more than a total of 1000 hooks must be disconnected and stowed mutilated Gulf reef fish in the stressed including hooks on board the vessel and separately from the rod and reel. Sinkers area or after having fished in the hooks being fished and cannot possess must be disconnected from the down stressed area constitutes prima facie more than 750 hooks rigged for fishing rigger and stowed separately. evidence that such reef fish was taken at any given time. For the purpose of (5) Within the Madison and Swanson with a powerhead in the stressed area. this paragraph, ‘‘hooks rigged for sites and Steamboat Lumps, during May The provisions of this paragraph do not fishing’’ means hooks attached to a line through October, surface trolling is the apply to hogfish. or other device capable of attaching to only allowable fishing activity. For the (2) A roller trawl may not be used in the mainline of the longline. purpose of this paragraph (a)(5), surface the stressed area. Roller trawl means a (c) Reef fish longline and buoy gear trolling is defined as fishing with lines trawl net equipped with a series of restricted area. A person aboard a vessel trailing behind a vessel which is in large, solid rollers separated by several that uses, on any trip, longline or buoy constant motion at speeds in excess of smaller spacer rollers on a separate gear in the longline and buoy gear four knots with a visible wake. Such cable or line (sweep) connected to the restricted area is limited on that trip to trolling may not involve the use of footrope, which makes it possible to fish the bag limits for Gulf reef fish specified down riggers, wire lines, planers, or the gear over rough bottom, that is, in in § 622.38(b) and, for Gulf reef fish for similar devices. areas unsuitable for fishing which no bag limit is specified in (6) For the purpose of this paragraph conventional shrimp trawls. Rigid § 622.38(b), the vessel is limited to 5 (a), fish means finfish, mollusks, framed trawls adapted for shrimping percent, by weight, of all fish on board crustaceans, and all other forms of over uneven bottom, in wide use along or landed. The longline and buoy gear marine animal and plant life other than the west coast of Florida, and shrimp restricted area is that part of the Gulf marine mammals and birds. Highly trawls with hollow plastic rollers for EEZ shoreward of rhumb lines migratory species means tuna species, fishing on soft bottoms, are not connecting, in order, the points listed in marlin (Tetrapturus spp. and Makaira considered roller trawls. Table 1 in Appendix B of this part. spp.), oceanic sharks, sailfishes (b) Seasonal prohibitions applicable (d) Alabama SMZ. The Alabama SMZ (Istiophorus spp.), and swordfish to bottom longline fishing for Gulf reef consists of artificial reefs and (Xiphias gladius). fish. (1) From June through August each surrounding areas. In the Alabama SMZ, (b) Seasonal closure of the year, bottom longlining for Gulf reef fish fishing by a vessel that is operating as recreational sector for red snapper. The is prohibited in the portion of the Gulf a charter vessel or headboat, a vessel

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that does not have a commercial permit (a) Snapper—(1) Red snapper—16 to have trawl gear on board when trawl for Gulf reef fish, as required under inches (40.6 cm), TL, for a fish taken by doors and a net are on board. Removal § 622.20(a)(1), or a vessel with such a a person subject to the bag limit from the vessel of all trawl doors or all permit fishing for Gulf reef fish is specified in § 622.38 (b)(3) and 13 nets constitutes removal of trawl gear. limited to hook-and-line gear with three inches (33.0 cm), TL, for a fish taken by (ii) When a longline or buoy gear is or fewer hooks per line and spearfishing a person not subject to the bag limit. on board and the vessel is fishing or has gear. A person aboard a vessel that uses (2) Lane snapper—8 inches (20.3 cm), fished on a trip in the reef fish longline on any trip gear other than hook-and- TL. and buoy gear restricted area specified line gear with three or fewer hooks per (3) Vermilion snapper—10 inches in § 622.35(c). A vessel is considered to line and spearfishing gear in the (25.4 cm), TL. have a longline on board when a power- Alabama SMZ is limited on that trip to (4) Cubera, gray, and yellowtail operated longline hauler, a cable of the bag limits for Gulf reef fish specified snappers—12 inches (30.5 cm), TL. diameter and length suitable for use in in § 622.38(b) and, for Gulf reef fish for (5) Mutton snapper—16 inches (40.6 the longline fishery, and gangions are on which no bag limit is specified in cm), TL. board. Removal of any one of these three § 622.38(b), the vessel is limited to 5 (b) Grouper—(1) Gag—22 inches (55.9 elements, in its entirety, constitutes percent, by weight, of all fish on board cm), TL. removal of a longline. or landed. The Alabama SMZ is (2) Red grouper—(i) For a person not (iii) For a species/species group when bounded by rhumb lines connecting, in subject to the bag limit specified in its quota has been reached and closure order, the following points: § 622.38 (b)(2)—18 inches (45.7 cm), TL. has been effected, provided that no (ii) For a person subject to the bag commercial quantities of Gulf reef fish, Point North lat. West long. limit specified in i.e., Gulf reef fish in excess of applicable bag/possession limits, are on board as A ...... 30°02.5′ 88°07.7′ § 622.38(b)(2)—20 inches (50.8 cm), TL. specified in paragraph (a)(2) of this B ...... 30°02.6′ 87°59.3′ (3) Scamp—16 inches (40.6 cm), TL. ° ′ ° ′ section. C ...... 29 55.0 87 55.5 (4) Yellowfin grouper—20 inches (iv) When the vessel has on board or D ...... 29°54.5′ 88°07.5′ (50.8 cm), TL. A ...... 30°02.5′ 88°07.7′ is tending any trap other than a stone (5) Black grouper—(i) For a person not crab trap or a spiny lobster trap. subject to the bag limit specified in (2) A person aboard a vessel that has § 622.36 Seasonal harvest limitations. § 622.38(b)(2)—24 inches (61.0 cm), TL. a Federal commercial vessel permit for (a) Greater amberjack. During March, (ii) For a person subject to the bag Gulf reef fish and commercial quantities April, and May, each year, the limit specified in § 622.38(b)(2)—22 of Gulf reef fish, i.e., Gulf reef fish in possession of greater amberjack in or inches (55.9 cm), TL. excess of applicable bag/possession from the Gulf EEZ and in the Gulf on (c) Other Gulf reef fish species—(1) limits, may not possess Gulf reef fish board a vessel for which a commercial Gray triggerfish—14 inches (35.6 cm), caught under a bag limit. permit for Gulf reef fish has been issued, fork length. (b) Bag limits—(1) Greater as required under § 622.20(a)(1), (2) Hogfish—12 inches (30.5 cm), fork amberjack—1. However, no greater without regard to where such greater length. amberjack may be retained by the amberjack were harvested, is limited to (3) Banded rudderfish and lesser captain or crew of a vessel operating as the bag and possession limits, as amberjack—14 inches (35.6 cm), fork a charter vessel or headboat. The bag specified in § 622.38(b)(1) and (c), length (minimum size); 22 inches (55.9 limit for such captain and crew is zero. respectively, and such greater amberjack cm), fork length (maximum size). (2) Groupers, combined, excluding are subject to the prohibition on sale or (4) Greater amberjack—30 inches (76 goliath grouper and Nassau grouper—4 purchase of greater amberjack possessed cm), fork length, for a fish taken by a per person per day, but not to exceed 1 under the bag limit, as specified in person subject to the bag limit specified speckled hind or 1 warsaw grouper per § 622.40(a). Also note that if commercial in § 622.38)(b)(1) and 36 inches (91.4 vessel per day, or 2 gag per person per quantities of Gulf reef fish, i.e., Gulf reef cm), fork length, for a fish taken by a day. However, no grouper may be fish in excess of applicable bag/ person not subject to the bag limit. retained by the captain or crew of a possession limits, are on board the (d) A person aboard a vessel that has vessel operating as a charter vessel or vessel, no bag limit of Gulf reef fish may a Federal commercial vessel permit for headboat. The bag limit for such captain be possessed, as specified in Gulf reef fish and commercial quantities and crew is zero. § 622.38(a)(2). of Gulf reef fish, i.e., Gulf reef fish in (3) Red snapper—2. However, no red (b) [Reserved] excess of applicable bag/possession snapper may be retained by the captain limits, may not possess any Gulf reef or crew of a vessel operating as a charter § 622.37 Size limits. fish that do not comply with the vessel or headboat. The bag limit for All size limits in this section are applicable commercial minimum size such captain and crew is zero. minimum size limits unless specified limit. (4) Snappers, combined, excluding otherwise. A fish not in compliance red, lane, and vermilion snapper—10. with its size limit, as specified in this § 622.38 Bag and possession limits. (5) Gulf reef fish, combined, excluding section, in or from the Gulf EEZ, may (a) Additional applicability provisions those specified in paragraphs (b)(1) not be possessed, sold, or purchased. A for Gulf reef fish. (1) Section 622.11(a) through (b)(4) and paragraphs (b)(6) fish not in compliance with its size limit provides the general applicability for through (b)(7) of this section—20. must be released immediately with a bag and possession limits. However, (6) Banded rudderfish and lesser minimum of harm. The operator of a § 622.11(a) notwithstanding, bag and amberjack, combined—5. vessel that fishes in the EEZ is possession limits also apply for Gulf (7) Hogfish—5. responsible for ensuring that fish on reef fish in or from the EEZ to a person (c) Possession limits. A person, or a board are in compliance with the size aboard a vessel that has on board a vessel in the case of speckled hind or limits specified in this section. See commercial permit for Gulf reef fish— Warsaw grouper, on a trip that spans § 622.10 regarding requirements for (i) When trawl gear or entangling net more than 24 hours may possess no landing fish intact. gear is on board. A vessel is considered more than two daily bag limits,

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provided such trip is on a vessel that is (4) For fishing year 2015 and and were held in cold storage by a operating as a charter vessel or subsequent fishing years—0.939 million dealer or processor. headboat, the vessel has two licensed lb (0.426 million kg). (2) If the recreational fishery for the operators aboard, and each passenger is (C) Red grouper. (1) For fishing year indicated species is closed, all harvest issued and has in possession a receipt 2012—5.37 million lb (2.37 million kg). or possession in or from the Gulf EEZ issued on behalf of the vessel that (2) For fishing year 2013—5.53 of the indicated species is prohibited. verifies the length of the trip. million lb (2.44 million kg). (c) Restrictions applicable after a (3) For fishing year 2014—5.63 recreational quota closure—(1) After § 622.39 Quotas. million lb (2.51 million kg). closure of the recreational quota for red See § 622.8 for general provisions (4) For fishing year 2015 and snapper. The bag and possession limit regarding quota applicability and subsequent fishing years—5.72 million for red snapper in or from the Gulf EEZ closure and reopening procedures. This lb (2.59 million kg). is zero. section, provides quotas and specific (iv) Tilefishes (including goldface (2) After closure of the recreational quota closure restrictions for Gulf reef tilefish, blueline tilefish, and tilefish)— quota for greater amberjack. The bag fish. 582,000 lb (263,991 kg), gutted weight, and possession limit for greater (a) Gulf reef fish—(1) Commercial that is, eviscerated but otherwise whole. amberjack in or from the Gulf EEZ is quotas. The following quotas apply to (v) Greater amberjack—409,000 lb zero. persons who fish under commercial (185,519 kg), round weight. vessel permits for Gulf reef fish, as (vi) Gray triggerfish—106,000 lb § 622.40 Restrictions on sale/purchase. required under § 622.20(a)(1). (48,081 kg), round weight. The restrictions in this section are in (i) Red snapper. (A) For fishing year (2) Recreational quotas. The following addition to the restrictions on sale/ 2012—4.121 million lb (1.869 million quotas apply to persons who fish for purchase related to quota closures as kg), round weight. Gulf reef fish other than under specified in § 622.39(b) and (c). (B) For fishing year 2013—4.432 commercial vessel permits for Gulf reef (a) A Gulf reef fish harvested in the million lb (2.010 million kg), round fish and the applicable commercial EEZ on board a vessel that does not weight. quotas specified in paragraph (a)(1) of have a valid commercial permit for Gulf (ii) Deep-water groupers (DWG) have this section. reef fish, as required under a combined quota, as specified in (i) Recreational quota for red snapper. § 622.20(a)(1), or a Gulf reef fish paragraphs (a)(1)(ii)(A) through (E) of (A) For fishing year 2012, the possessed under the bag limits specified this section. These quotas are specified recreational quota for red snapper is in § 622.38(b), may not be sold or in gutted weight, that is eviscerated, but 3.959 million lb (1.796 million kg), purchased. otherwise whole. round weight. (b) A Gulf reef fish harvested on board (A) For fishing year 2012—1.127 (B) For fishing year 2013, the a vessel that has a valid commercial million lb (0.511 million kg). recreational quota for red snapper is permit for Gulf reef fish may be sold (B) For fishing year 2013—1.118 4.258 million lb (1.931 million kg), million lb (0.507 million kg). only to a dealer who has a valid permit round weight. for Gulf reef fish, as required under (C) For fishing year 2014—1.110 (ii) Recreational quota for greater million lb (0.503 million kg). § 622.20(c). amberjack. The recreational quota for (c) A Gulf reef fish harvested in the (D) For fishing year 2015—1.101 greater amberjack is 1,130,000 lb million lb (0.499 million kg). EEZ may be purchased by a dealer who (512,559 kg), round weight. has a valid permit for Gulf reef fish, as (E) For fishing year 2016 and (b) Restrictions applicable after a required under § 622.20(c), only from a subsequent fishing years—1.024 million commercial quota closure. (1) If the vessel that has a valid commercial lb (0.464 million kg). recreational fishery for the indicated permit for Gulf reef fish. (iii) Shallow-water groupers (SWG) species is open, the bag and possession have separate quotas for gag and red limits specified in § 622.38(b) and (c) § 622.41 Annual catch limits (ACLs), grouper and a combined quota for other apply to all harvest or possession in or annual catch targets (ACTs), and shallow-water grouper (Other SWG) from the Gulf EEZ of the indicated accountability measures (AMs). species (including black grouper, species, and the sale or purchase of the (a) Greater amberjack—(1) scamp, yellowfin grouper, and indicated species taken from the Gulf Commercial sector. (i) If commercial yellowmouth grouper), as specified in EEZ is prohibited. In addition, the bag landings, as estimated by the SRD, reach paragraphs (a)(1)(iii)(A) through (C) of and possession limits for red snapper, or are projected to reach the annual this section. These quotas are specified when applicable, apply on board a catch target (ACT) specified in in gutted weight, that is, eviscerated but vessel for which a commercial permit § 622.39(a)(1)(v)(commercial quota), the otherwise whole. for Gulf reef fish has been issued, as Assistant Administrator for Fisheries, (A) Other SWG combined. (1) For required under § 622.20(a)(1), without NOAA, (AA) will file a notification with fishing year 2012—509,000 lb (230,879 regard to where such red snapper were the Office of the Federal Register to kg). (2) For fishing year 2013—518,000 lb harvested. The application of bag limits close the commercial sector for the (234,961 kg). described in this paragraph (b)(1) remainder of the fishing year. (3) For fishing year 2014—523,000 lb notwithstanding, bag limits of Gulf reef (ii) In addition to the measures (237,229 kg). fish may not be possessed on board a specified in paragraph (a)(1)(i) of this (4) For fishing year 2015 and vessel with commercial quantities of section, if commercial landings, as subsequent fishing years—525,000 lb Gulf reef fish, i.e., Gulf reef fish in estimated by the SRD, exceed the (238,136 kg). excess of applicable bag/possession commercial ACL, as specified in (B) Gag. (1) For fishing year 2012— limits, on board, as specified in (a)(1)(iii) of this section, the AA will file 0.567 million lb (0.257 million kg). § 622.38(a)(2). The prohibition on sale/ a notification with the Office of the (2) For fishing year 2013—0.708 purchase during a closure for Gulf reef Federal Register, at or near the million lb (0.321 million kg). fish does not apply to Gulf reef fish that beginning of the following fishing year (3) For fishing year 2014—0.835 were harvested, landed ashore, and sold to reduce the commercial ACT million lb (0.378 million kg). prior to the effective date of the closure (commercial quota) and the commercial

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ACL for that following year by the on a moving multi-year average of section, if gag recreational landings, as amount of any commercial ACL overage landings, as described in the FMP. estimated by the SRD, exceed the in the prior fishing year. (c) Other shallow-water grouper applicable ACLs specified in paragraph (iii) The commercial ACL for greater (Other SWG) combined (including black (d)(2)(iv) of this section, the AA will file amberjack is 481,000 lb (218,178 kg), grouper, scamp, yellowfin grouper, and a notification with the Office of the round weight. yellowmouth grouper)—(1) Commercial Federal Register to maintain the gag (2) Recreational sector. (i) If sector. The IFQ program for groupers ACT, specified in paragraph (d)(2)(iv) of recreational landings, as estimated by and tilefishes in the Gulf of Mexico this section, for that following fishing the SRD, reach or are projected to reach serves as the accountability measure for year at the level of the prior year’s ACT, the ACT specified in § 622.39(a)(2)(ii) commercial Other SWG. The unless the best scientific information (recreational quota), the AA will file a commercial ACL for Other SWG is equal available determines that maintaining notification with the Office of the to the applicable quota specified in the prior year’s ACT is unnecessary. In Federal Register to close the recreational § 622.39(a)(1)(iii)(A). addition, the notification will reduce sector for the remainder of the fishing (2) Recreational sector. If the sum of the length of the recreational gag fishing year. the commercial and recreational season the following fishing year by the (ii) In addition to the measures landings, as estimated by the SRD, amount necessary to ensure gag specified in paragraph (a)(2)(i) of this exceeds the stock complex ACL recreational landings do not exceed the section, if recreational landings, as specified in paragraph (c)(3) of this recreational ACT in the following estimated by the SRD, exceed the section, then during the following fishing year. recreational ACL, as specified in fishing year, if the sum of the (iii) If gag are overfished, based on the commercial and recreational landings paragraph (a)(2)(iii) of this section, the most recent status of U.S. Fisheries reaches or is projected to reach the AA will file a notification with the Report to Congress, and gag recreational applicable ACL specified in paragraph Office of the Federal Register, at or near landings, as estimated by the SRD, (c)(3) of this section, the AA will file a the beginning of the following fishing exceed the applicable ACL specified in notification with the Office of the year to reduce the recreational ACT paragraph (d)(2)(iv) of this section, the Federal Register to close the recreational (recreational quota) and the recreational following measures will apply. In sector for the remainder of that fishing addition to the measures specified in ACL for that following year by the year. paragraphs (d)(2)(i) and (ii) of this amount of any recreational overage in (3) The stock complex ACLs for Other section, the AA will file a notification the prior fishing year. SWG, in gutted weight, are 688,000 lb with the Office of the Federal Register, (iii) The recreational ACL for greater (312,072 kg) for 2012, 700,000 lb at or near the beginning of the following amberjack is 1,299,000 lb (589,216 kg), (317,515 kg) for 2013, 707,000 lb fishing year to reduce the ACL for that round weight. (320,690 kg) for 2014, and 710,000 lb following year by the amount of the (b) Gray triggerfish—(1) Commercial (322,051 kg) for 2015 and subsequent ACL overage in the prior fishing year, sector. If commercial landings, as years. and reduce the ACT, as determined in estimated by the SRD, reach or are (d) Gag—(1) Commercial sector. The paragraph (d)(2)(ii) of this section, by projected to reach the applicable quota IFQ program for groupers and tilefishes the amount of the ACL overage in the specified in § 622.39(a)(1)(vi), the AA in the Gulf of Mexico serves as the prior fishing year, unless the best will file a notification with the Office of accountability measure for commercial scientific information available the Federal Register to close the gag. The applicable commercial ACLs determines that a greater, lesser, or no commercial sector for the remainder of for gag, in gutted weight, are 0.788 overage adjustment is necessary. the fishing year. In addition, if despite million lb (0.357 million kg) for 2012, (iv) The applicable recreational ACLs such closure, commercial landings 0.956 million lb (0.434 million kg) for for gag, in gutted weight, are 1.232 exceed the applicable annual catch limit 2013, 1.100 million lb (0.499 million kg) million lb (0.559 million kg) for 2012, (ACL), the AA will file a notification for 2014, and 1.217 million lb (0.552 1.495 million lb (0.678 million kg) for with the Office of the Federal Register, million kg) for 2015 and subsequent 2013, 1.720 million lb (0.780 million kg) at or near the beginning of the following fishing years. for 2014, and 1.903 million lb (0.863 fishing year, to reduce the quota for that (2) Recreational sector. (i) Without million kg) for 2015 and subsequent following year by the amount the prior- regard to overfished status, if gag fishing years. The recreational ACTs for year ACL was exceeded. The recreational landings, as estimated by gag, in gutted weight, are 1.031 million commercial ACL for 2010 and the SRD, reach or are projected to reach lb (0.468 million kg) for 2012, 1.287 subsequent fishing years is 138,000 lb the applicable ACLs specified in million lb (0.584 million kg) for 2013, (62,596 kg). paragraph (d)(2)(iv) of this section, the 1.519 million lb (0.689 million kg) for (2) Recreational sector. If recreational AA will file a notification with the 2014, and 1.708 million lb (0.775 landings, as estimated by the SRD, Office of the Federal Register, to close million kg) for 2015 and subsequent exceed the ACL, the AA will file a the recreational sector for the remainder fishing years. notification with the Office of the of the fishing year. On and after the (e) Red grouper—(1) Commercial Federal Register reducing the length of effective date of such a notification, the sector. The IFQ program for groupers the following recreational fishing season bag and possession limit of gag in or and tilefishes in the Gulf of Mexico by the amount necessary to ensure from the Gulf EEZ is zero. This bag and serves as the accountability measure for recreational landings do not exceed the possession limit applies in the Gulf on commercial red grouper. The applicable recreational target catch for that board a vessel for which a valid Federal commercial ACL for red grouper, in following fishing year. The recreational charter vessel/headboat permit for Gulf gutted weight, for 2012 and subsequent ACL for 2010 and subsequent fishing reef fish has been issued, without regard fishing years is 6.03 million lb (2.735 years is 457,000 lb (207,291 kg). The to where such species were harvested, million kg). recreational ACT for 2010 and i.e. in state or Federal waters. (2) Recreational sector. (i) Without subsequent fishing years is 405,000 lb (ii) Without regard to overfished regard to overfished status, if red (183,705 kg). Recreational landings will status, and in addition to the measures grouper recreational landings, as be evaluated relative to the ACL based specified in paragraph (d)(2)(i) of this estimated by the SRD, reach or are

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projected to reach the applicable ACL recreational ACT for red grouper, in during the following fishing year, if the specified in paragraph (e)(2)(iv) of this gutted weight, is 1.730 million lb (0.785 sum of commercial and recreational section, the AA will file a notification million kg) for 2012 and subsequent landings reaches or is projected to reach with the Office of the Federal Register, fishing years. the stock complex ACL, the AA will file to close the recreational sector for the (f) Deep-water grouper (DWG) a notification with the Office of the remainder of the fishing year. On and combined (including yellowedge Federal Register to close the commercial after the effective date of such a grouper, warsaw grouper, snowy and recreational sectors for the notification, the bag and possession grouper, and speckled hind)— (1) remainder of that fishing year. The stock limit of red grouper in or from the Gulf Commercial sector. The IFQ program for complex ACL for lesser amberjack, EEZ is zero. This bag and possession groupers and tilefishes in the Gulf of almaco jack, and banded rudderfish, is limit applies in the Gulf on board a Mexico serves as the accountability 312,000 lb (141,521 kg), round weight. vessel for which a valid Federal charter measure for commercial DWG. The (i) Silk snapper, queen snapper, vessel/headboat permit for Gulf reef fish commercial ACL for DWG is equal to blackfin snapper, and wenchman, has been issued, without regard to the applicable quota specified in combined. If the sum of the commercial where such species were harvested, i.e. § 622.39(a)(1)(ii). and recreational landings, as estimated in state or Federal waters. (2) Recreational sector. If the sum of by the SRD, exceeds the stock complex (ii) Without regard to overfished the commercial and recreational ACL, then during the following fishing status, and in addition to the measures landings, as estimated by the SRD, year, if the sum of commercial and specified in paragraph (e)(2)(i) of this exceeds the stock complex ACL recreational landings reaches or is section, if red grouper recreational specified in paragraph (f)(3) of this projected to reach the stock complex landings, as estimated by the SRD, section, then during the following ACL, the AA will file a notification with exceed the applicable ACL specified in fishing year, if the sum of commercial the Office of the Federal Register to paragraph (e)(2)(iv) of this section, the and recreational landings reaches or is close the commercial and recreational AA will file a notification with the projected to reach the applicable ACL sectors for the remainder of that fishing Office of the Federal Register to specified in paragraph (f)(3) of this year. The stock complex ACL for silk maintain the red grouper ACT, specified section, the AA will file a notification snapper, queen snapper, blackfin in paragraph (e)(2)(iv) of this section, for with the Office of the Federal Register snapper, and wenchman, is 166,000 lb that following fishing year at the level to close the recreational sector for the (75,296 kg), round weight. of the prior year’s ACT, unless the best remainder of that fishing year. (j) Vermilion snapper. If the sum of scientific information available (3) The stock complex ACLs for DWG, the commercial and recreational determines that maintaining the prior in gutted weight, are 1.216 million lb landings, as estimated by the SRD, year’s ACT is unnecessary. In addition, (0.552 million kg) for 2012, 1.207 reaches or is projected to reach the stock the notification will reduce the bag limit million lb (0.547 million kg) for 2013, ACL, the AA will file a notification with by one fish and reduce the length of the 1.198 million lb (0.543 million kg) for the Office of the Federal Register to recreational red grouper fishing season 2014, 1.189 million lb (0.539 million kg) close the commercial and recreational the following fishing year by the amount for 2015, and 1.105 million lb (0.501 sectors for the remainder of the fishing necessary to ensure red grouper million kg) for 2016 and subsequent year. The stock ACL for vermilion recreational landings do not exceed the years. snapper is 3.42 million lb (1.55 million recreational ACT in the following (g) Tilefishes combined (including kg), round weight. fishing year. The minimum red grouper goldface tilefish, blueline tilefish, and (k) Lane snapper. If the sum of the bag limit for 2014 and subsequent tilefish)—(1) Commercial sector. The commercial and recreational landings, fishing years is two fish. IFQ program for groupers and tilefishes as estimated by the SRD, exceeds the (iii) If red grouper are overfished, in the Gulf of Mexico serves as the stock ACL, then during the following based on the most recent Status of U.S. accountability measure for commercial fishing year, if the sum of commercial Fisheries Report to Congress, and red tilefishes. The commercial ACL for and recreational landings reaches or is grouper recreational landings, as tilefishes is equal to the applicable projected to reach the stock ACL, the estimated by the SRD, exceed the quota specified in § 622.39(a)(1)(iv). AA will file a notification with the applicable ACL specified in paragraph (2) Recreational sector. If the sum of Office of the Federal Register to close (e)(2)(iv) of this section, the following the commercial and recreational the commercial and recreational sectors measures will apply. In addition to the landings, as estimated by the SRD, for the remainder of that fishing year. measures specified in paragraphs exceeds the stock complex ACL The stock ACL for lane snapper is (e)(2)(i) and (ii) of this section, the AA specified in paragraph (g)(3) of this 301,000 lb (136,531 kg), round weight. will file a notification with the Office of section, then during the following (l) Gray snapper. If the sum of the the Federal Register, at or near the fishing year, if the sum of commercial commercial and recreational landings, beginning of the following fishing year and recreational landings reaches or is as estimated by the SRD, exceeds the to reduce the ACL for that following projected to reach the applicable ACL stock ACL, then during the following year by the amount of the ACL overage specified in paragraph (g)(3) of this fishing year, if the sum of commercial in the prior fishing year, and reduce the section, the AA will file a notification and recreational landings reaches or is ACT, as determined in paragraph with the Office of the Federal Register projected to reach the stock ACL, the (e)(2)(ii) of this section, by the amount to close the recreational sector for the AA will file a notification with the of the ACL overage in the prior fishing remainder of that fishing year. Office of the Federal Register to close year, unless the best scientific (3) The stock complex ACL for the commercial and recreational sectors information available determines that a tilefishes is 608,000 lb (275,784 kg), for the remainder of that fishing year. greater, lesser, or no overage adjustment gutted weight. The stock ACL for gray snapper is 2.42 is necessary. (h) Lesser amberjack, almaco jack, million lb (1.10 million kg), round (iv) The recreational ACL for red and banded rudderfish, combined. If the weight. grouper, in gutted weight, is 1.90 sum of the commercial and recreational (m) Cubera snapper. If the sum of the million lb (0.862 million kg) for 2012 landings, as estimated by the SRD, commercial and recreational landings, and subsequent fishing years. The exceeds the stock complex ACL, then as estimated by the SRD, exceeds the

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stock ACL, then during the following management parameters such as shrimp. In accordance with the fishing year, if the sum of commercial overfished and overfishing definitions, procedures specified in the Fishery and recreational landings reaches or is gear restrictions (ranging from Management Plan for the Shrimp projected to reach the stock ACL, the regulation to complete prohibition), gear Fishery of the Gulf of Mexico (Gulf AA will file a notification with the markings and identification, vessel Shrimp FMP), all commercial vessel Office of the Federal Register to close markings and identification, allowable moratorium permits for Gulf shrimp the commercial and recreational sectors biological catch (ABC) and ABC control have been issued. No additional permits for the remainder of that fishing year. rules, rebuilding plans, and restrictions will be issued. The stock ACL for cubera snapper is relative to conditions of harvested fish (2) Permit transferability. Commercial 5,065 lb (2,297 kg), round weight. (maintaining fish in whole condition, vessel moratorium permits for Gulf (n) Yellowtail snapper. If the sum of use as bait). shrimp are fully transferable, with or the commercial and recreational (b) [Reserved] without the sale of the vessel. To landings, as estimated by the SRD, § 622.43 Commercial trip limits. request that the RA transfer a exceeds the stock ACL, then during the commercial vessel moratorium permit following fishing year, if the sum of Commercial trip limits are limits on the amount of the applicable species for Gulf shrimp, the owner of a vessel commercial and recreational landings that is to receive the transferred permit reaches or is projected to reach the stock that may be possessed on board or landed, purchased, or sold from a vessel must complete the transfer information ACL, the AA will file a notification with on the reverse of the permit and return the Office of the Federal Register to per day. A person who fishes in the EEZ may not combine a trip limit specified the permit and a completed application close the commercial and recreational for transfer to the RA. Transfer sectors for the remainder of that fishing in this section with any trip or possession limit applicable to state documents must be notarized as year. The stock ACL for yellowtail specified in § 622.4(f)(1). snapper is 725,000 lb (328,855 kg), waters. A species subject to a trip limit specified in this section taken in the (3) Renewal. (i) Renewal of a round weight. commercial vessel moratorium permit (o) Mutton snapper. If the sum of the EEZ may not be transferred at sea, regardless of where such transfer takes for Gulf shrimp is contingent upon commercial and recreational landings, compliance with the recordkeeping and as estimated by the SRD, exceeds the place, and such species may not be transferred in the EEZ. Commercial trip reporting requirements for Gulf shrimp stock ACL, then during the following specified in § 622.51(a). fishing year, if the sum of commercial limits apply as follows: (a) Greater amberjack. Until the quota (ii) A commercial vessel moratorium and recreational landings reaches or is permit for Gulf shrimp that is not projected to reach the stock ACL, the specified in § 622.39(a)(1)(v) is reached, 2,000 lb (907 kg), round weight. See renewed will be terminated and will not AA will file a notification with the be reissued during the moratorium. A Office of the Federal Register to close § 622.39(b) for the limitations regarding greater amberjack after the quota is permit is considered to be not renewed the commercial and recreational sectors when an application for renewal, as for the remainder of that fishing year. reached. (b) [Reserved] required, is not received by the RA The stock ACL for mutton snapper is within 1 year of the expiration date of 203,000 lb (92,079 kg), round weight. § 622.44 Prohibitions. the permit. (p) Hogfish. If the sum of the In addition to the prohibitions in commercial and recreational landings, (c) Gulf royal red shrimp § 600.725 of this chapter and the general endorsement. For a person aboard a as estimated by the SRD, exceeds the prohibitions in § 622.13 of this part, it stock ACL, then during the following vessel to fish for royal red shrimp in the is unlawful for any person to violate any Gulf EEZ or possess royal red shrimp in fishing year, if the sum of commercial provisions of §§ 622.20 through 622.44. and recreational landings reaches or is or from the Gulf EEZ, a commercial projected to reach the stock ACL, the Subpart C—Shrimp Fishery of the Gulf vessel permit for Gulf shrimp with a AA will file a notification with the of Mexico Gulf royal red shrimp endorsement Office of the Federal Register to close must be issued to the vessel and must the commercial and recreational sectors § 622.50 Permits, permit moratorium, and be on board. for the remainder of that fishing year. endorsements. (d) Permit procedures. See § 622.4 for The stock ACL for hogfish is 208,000 lb (a) Gulf shrimp permit. For a person information regarding general permit (94,347 kg), round weight. aboard a vessel to fish for shrimp in the procedures including, but not limited Gulf EEZ or possess shrimp in or from to, application, fees, duration, transfer, § 622.42 Adjustment of management the Gulf EEZ, a commercial vessel renewal, display, sanctions and denials, measures. permit for Gulf shrimp must have been and replacement. In accordance with the framework issued to the vessel and must be on procedures of the FMP for the Reef Fish board. See paragraph (b) of this section § 622.51 Recordkeeping and reporting. Resources of the Gulf of Mexico, the RA regarding a moratorium on commercial (a) Commercial vessel owners and may establish or modify the items vessel permits for Gulf shrimp and the operators—(1) General reporting specified in paragraph (a) of this section associated provisions. See paragraph (c) requirement. The owner or operator of for Gulf reef fish. of this section, regarding an additional a vessel that fishes for shrimp in the (a) For a species or species group: endorsement requirement related to Gulf EEZ or in adjoining state waters, or Reporting and monitoring requirements, royal red shrimp. that lands shrimp in an adjoining state, permitting requirements, bag and (b) Moratorium on commercial vessel must provide information for any possession limits (including a bag limit permits for Gulf shrimp. The provisions fishing trip, as requested by the SRD, of zero), size limits, vessel trip limits, of this paragraph (b) are applicable including, but not limited to, vessel closed seasons or areas and reopenings, through October 26, 2016. identification, gear, effort, amount of annual catch limits (ACLs), annual (1) Moratorium permits are required. shrimp caught by species, shrimp catch targets (ACTs), quotas (including The only valid commercial vessel condition (heads on/heads off), fishing a quota of zero), accountability permits for Gulf shrimp are commercial areas and depths, and person to whom measures (AMs), MSY (or proxy), OY, vessel moratorium permits for Gulf sold.

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(2) Electronic logbook reporting. The writing not less than 5 days in advance another net or is not connected to owner or operator of a vessel for which of each trip of the following: another net. a Federal commercial vessel permit for (1) Departure information (port, dock, (iii) Roller trawl exemption. A shrimp Gulf shrimp has been issued and who is date, and time). trawler is exempt from the requirement selected by the SRD must participate in (2) Expected landing information to have a certified or provisionally the NMFS-sponsored electronic logbook (port, dock, and date). certified BRD installed in up to two reporting program as directed by the (c) Observer accommodations and rigid-frame roller trawls that are 16 ft SRD. In addition, such owner or access. An owner or operator of a vessel (4.9 m) or less in length used or operator must provide information on which a NMFS-approved observer is possessed on board. A rigid-frame roller regarding the size and number of shrimp embarked must: trawl is a trawl that has a mouth formed trawls deployed and the type of bycatch (1) Provide accommodations and food by a rigid frame and a grid of rigid reduction device (BRD) and turtle that are equivalent to those provided to vertical bars; has rollers on the lower excluder device used, as directed by the the crew. horizontal part of the frame to allow the SRD. Compliance with the reporting (2) Allow the observer access to and trawl to roll over the bottom and any requirements of this paragraph (a)(2) is use of the vessel’s communications obstruction while being towed; and has required for permit renewal. equipment and personnel upon request no doors, boards, or similar devices (3) Vessel and Gear Characterization for the transmission and receipt of attached to keep the mouth of the trawl Form. All owners or operators of vessels messages related to the observer’s open. applying for or renewing a commercial duties. (iv) BRD certification testing vessel moratorium permit for Gulf (3) Allow the observer access to and exemption. A shrimp trawler that is shrimp must complete an annual Gulf use of the vessel’s navigation equipment authorized by the RA to participate in Shrimp Vessel and Gear and personnel upon request to the pre-certification testing phase or to Characterization Form. The form will be determine the vessel’s position. test a BRD in the EEZ for possible provided by NMFS at the time of permit (4) Allow the observer free and certification, has such written application and renewal. Compliance unobstructed access to the vessel’s authorization on board, and is with this reporting requirement is bridge, working decks, holding bins, conducting such test in accordance with the ‘‘Bycatch Reduction Device Testing required for permit issuance and weight scales, holds, and any other Manual’’ is granted a limited exemption renewal. space used to hold, process, weigh, or from the BRD requirement specified in (4) Landings report. The owner or store fish. (5) Allow the observer to inspect and this section. The exemption from the operator of a vessel for which a Federal copy the vessel’s log, communications BRD requirement is limited to those commercial vessel permit for Gulf logs, and any records associated with trawls that are being used in the shrimp has been issued must annually the catch and distribution of fish for that certification trials. All other trawls report the permitted vessel’s total trip. rigged for fishing must be equipped annual landings of shrimp and value, by with certified or provisionally certified species, on a form provided by the SRD. § 622.53 Bycatch reduction device (BRD) BRDs. Compliance with this reporting requirements. (2) Procedures for certification and requirement is required for permit (a) BRD requirement for Gulf shrimp. decertification of BRDs. The process for renewal. On a shrimp trawler in the Gulf EEZ, the certification of BRDs consists of two (b) Gulf shrimp dealers. A person who each net that is rigged for fishing must phases—an optional pre-certification purchases shrimp from a vessel, or have a BRD installed that is listed in phase and a required certification phase. person, that fishes for shrimp in the paragraph (a)(3) of this section and is The RA may also provisionally certify a Gulf EEZ or in adjoining state waters, or certified or provisionally certified for BRD. that lands shrimp in an adjoining state, the area in which the shrimp trawler is (i) Pre-certification. The pre- must provide the following information located, unless exempted as specified in certification phase allows a person to when requested by the SRD: paragraphs (a)(1)(i) through (iv) of this test and evaluate a new BRD design for (1) Name and official number of the section. A trawl net is rigged for fishing up to 60 days without being subject to vessel from which shrimp were received if it is in the water, or if it is shackled, the observer requirements and rigorous or the name of the person from whom tied, or otherwise connected to a sled, testing requirements specified for shrimp were received, if received from door, or other device that spreads the certification testing in the ‘‘Bycatch other than a vessel. net, or to a tow rope, cable, pole, or Reduction Device Testing Manual.’’ (2) Amount of shrimp received by extension, either on board or attached to (A) A person who wants to conduct species and size category for each a shrimp trawler. pre-certification phase testing must receipt. (1) Exemptions from BRD submit an application to the RA, as (3) Ex-vessel value, by species and requirement—(i) Royal red shrimp specified in the ‘‘Bycatch Reduction size category, for each receipt. exemption. A shrimp trawler is exempt Device Testing Manual.’’ The ‘‘Bycatch from the requirement to have a certified Reduction Device Testing Manual,’’ § 622.52 At-sea observer coverage. or provisionally certified BRD installed which is available from the RA, upon (a) Required coverage. A vessel for in each net provided that at least 90 request, contains the application forms. which a Federal commercial vessel percent (by weight) of all shrimp on (B) After reviewing the application, permit for Gulf shrimp has been issued board or offloaded from such trawler are the RA will determine whether to issue must carry a NMFS-approved observer, royal red shrimp. a letter of authorization (LOA) to if the vessel’s trip is selected by the SRD (ii) Try net exemption. A shrimp conduct pre-certification trials upon the for observer coverage. Vessel permit trawler is exempt from the requirement vessel specified in the application. If the renewal is contingent upon compliance to have a certified or provisionally RA authorizes pre-certification, the RA’s with this paragraph (a). certified BRD installed in a single try LOA must be on board the vessel during (b) Notification to the SRD. When net with a headrope length of 16 ft (4.9 any trip involving the BRD testing. observer coverage is required, an owner m) or less provided the single try net is (ii) Certification. A person who or operator must advise the SRD in either placed immediately in front of proposes a BRD for certification for use

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in the Gulf EEZ must submit an announcing the provisional and/or opening date of the Texas application to test such BRD, conduct certification. closure to provide an earlier, later, the testing, and submit the results of the (iv) Decertification. The RA will shorter, or longer closure, but the test in accordance with the ‘‘Bycatch decertify a BRD if NMFS determines the duration of the closure may not exceed Reduction Device Testing Manual.’’ The BRD does not meet the requirements for 90 days or be less than 45 days. RA will issue a LOA to conduct certification or provisional certification. Notification of the adjustment of the certification trials upon the vessel Before determining whether to decertify closing or opening date will be specified in the application if the RA a BRD, the RA will notify the Gulf of published in the Federal Register. finds that: The operation plan submitted Mexico Fishery Management Council in (b) Southwest Florida seasonal trawl with the application meets the writing, and the public will be provided closure. From January 1 to 1 hour after requirements of the ‘‘Bycatch Reduction an opportunity to comment on the official sunset on May 20, each year, Device Testing Manual’’; the observer advisability of any proposed trawling, including trawling for live identified in the application is qualified; decertification. The RA will consider bait, is prohibited in that part of the and the results of any pre-certification any comments from the Council and Gulf EEZ shoreward of rhumb lines trials conducted have been reviewed public, and if the RA elects to decertify connecting, in order, the following and deemed to indicate a reasonable the BRD, the RA will proceed with points: scientific basis for conducting decertification via appropriate certification testing. If authorization to rulemaking. Point North lat. West long. conduct certification trials is denied, the (3) Certified and provisionally RA will provide a letter of explanation certified BRDs—(i) Certified BRDS. The B1 ...... 26°16.0′ 81°58.5′ C ...... 26°00.0′ 82°04.0′ to the applicant, together with relevant following BRDs are certified for use in ° ′ ° ′ the Gulf EEZ. Specifications of these D ...... 25 09.0 81 47.6 recommendations to address the E ...... 24°54.5′ 81°50.5′ deficiencies resulting in the denial. To certified BRDs are contained in M1 ...... 24°49.3′ 81°46.4′ be certified for use in the fishery, the Appendix D to this part. BRD candidate must successfully (A) Fisheye—see Appendix D to part 1 On the seaward limit of Florida’s waters. demonstrate a 30-percent reduction in 622 for separate specifications in the (c) Tortugas shrimp sanctuary. (1) The total weight of finfish bycatch. In Gulf and South Atlantic EEZ. Tortugas shrimp sanctuary is closed to addition, the BRD candidate must (B) Jones-Davis. trawling. The Tortugas shrimp (C) Modified Jones-Davis. satisfy the following conditions: There sanctuary is that part of the EEZ off (D) Cone Fish Deflector Composite is at least a 50-percent probability the Florida shoreward of rhumb lines Panel. true reduction rate of the BRD candidate connecting, in order, the following (E) Square Mesh Panel (SMP) meets the bycatch reduction criterion points: and there is no more than a 10-percent Composite Panel. probability the true reduction rate of the (ii) [Reserved] Point North lat. West long. BRD candidate is more than 5 (b) [Reserved] 1 ° ′ ° ′ percentage points less than the bycatch § 622.54 Prohibited gear and methods. N ...... 25 52.9 81 37.9 reduction criterion. If a BRD meets both F ...... 24°50.7′ 81°51.3′ Also see § 622.9 for additional 2 conditions, consistent with the G ...... 24°40.1′ 82°26.7′ prohibited gear and methods that apply 3 ° ′ ° ′ ‘‘Bycatch Reduction Device Testing H ...... 24 34.7 82 35.2 more broadly to multiple fisheries or in P 4 ...... 24°35.0′ 82°08.0′ Manual,’’ NMFS, through appropriate some cases all fisheries. rulemaking procedures, will add the 1 Coon Key Light. (a) Traps for royal red shrimp in the BRD to the list of certified BRDs in 2 New Ground Rocks Light. Gulf EEZ and transfer at sea. A trap may 3 paragraph (a)(3) of this section; and Rebecca Shoal Light. not be used to fish for royal red shrimp 4 Marquessas Keys. provide the specifications for the newly in the Gulf EEZ. Possession of a trap and certified BRD, including any special (2) The provisions of paragraph (c)(1) royal red shrimp on board a vessel is conditions deemed appropriate based of this section notwithstanding— prohibited. A trap used to fish for royal on the certification testing results. red shrimp in the Gulf EEZ may be (i) Effective from April 11 through (iii) Provisional certification. Based on disposed of in any appropriate manner September 30, each year, that part of the data provided consistent with the by the Assistant Administrator or an Tortugas shrimp sanctuary seaward of ‘‘Bycatch Reduction Device Testing authorized officer. In addition, royal red rhumb lines connecting the following Manual,’’ the RA may provisionally shrimp cannot be transferred in the Gulf points is open to trawling: From point certify a BRD if there is at least a 50- T at 24°47.8′ N. lat., 82°01.0′ W. long. EEZ, and royal red shrimp taken in the ° ′ ° ′ percent probability the true reduction Gulf EEZ cannot be transferred at sea to point U at 24 43.83 N. lat., 82 01.0 rate of the BRD is no more than 5 regardless of where the transfer takes W. long. (on the line denoting the percentage points less than the bycatch place. seaward limit of Florida’s waters); reduction criterion, i.e., 25 percent (b) [Reserved] thence along the seaward limit of reduction in total weight of finfish Florida’s waters, as shown on the bycatch. Through appropriate § 622.55 Closed areas. current edition of NOAA chart 11439, to rulemaking procedures, NMFS will add (a) Texas closure. (1) From 30 minutes point V at 24°42.55′ N. lat., 82°15.0′ W. the BRD to the list of provisionally after official sunset on May 15 to 30 long.; thence north to point W at certified BRDs in paragraph (a)(3) of this minutes after official sunset on July 15, 24°43.6′ N. lat., 82°15.0′ W. long. section; and provide the specifications trawling, except trawling for royal red (ii) Effective from April 11 through for the BRD, including any special shrimp beyond the 100-fathom (183-m) July 31, each year, that part of the conditions deemed appropriate based depth contour, is prohibited in the Gulf Tortugas shrimp sanctuary seaward of on the certification testing results. A EEZ off Texas. rhumb lines connecting the following provisional certification is effective for (2) In accordance with the procedures points is open to trawling: From point 2 years from the date of publication of and restrictions of the Gulf Shrimp W to point V, both points as specified the notification in the Federal Register FMP, the RA may adjust the closing in paragraph (c)(2)(i) of this section, to

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point G, as specified in paragraph (c)(1) such good cause waiver is not justified, waters are contained in Rule 68B– of this section. NMFS will implement the closure via 38.001, Florida Administrative Code, in (iii) Effective from May 26 through appropriate notice and comment effect as of March 1, 2005 (incorporated July 31, each year, that part of the rulemaking. NMFS intends that any by reference, see § 622.413). Tortugas shrimp sanctuary seaward of closure implemented consistent with Geographical coordinates of the points rhumb lines connecting the following this paragraph (l) will begin on the same referred to in this paragraph (e) are as points is open to trawling: From point date and time as the Texas closure follows: F, as specified in paragraph (d)(1) of this unless circumstances dictate otherwise. section, to point Q at 24°46.7′ N. lat., (2) Eastern zone. The eastern zone is Point North lat. West long. 81°52.2′ W. long. (on the line denoting bounded by rhumb lines connecting, in the seaward limit of Florida’s waters); A ...... 28°59′30″ 82°45′36″ order, the following points: ° ′ ″ ° ′ ″ thence along the seaward limit of B ...... 28 59 30 83 00 10 C ...... 28°26′01″ 82°59′47″ Point North lat. West long. Florida’s waters, as shown on the D ...... 28°26′01″ 82°56′54″ current edition of NOAA chart 11439, to ° ′ ° ′ E ...... 28°41′39″ 82°55′25″ point U and north to point T, both A ...... 29 14 88 57 ° ′ ″ ° ′ ″ B ...... 29°24′ 88°34′ F ...... 28 41 39 82 56 09 points as specified in paragraph (c)(2)(i) ° ′ ° ′ G ...... 28°48′56″ 82°56′19″ C ...... 29 34 87 38 ° ′ ″ ° ′ ″ of this section. D ...... 30°04′ 87°00′ H ...... 28 53 51 82 51 19 1 ° ′ ″ ° ′ ″ (d) Closures of the Gulf shrimp fishery E ...... 30°04′ 88°41′ I ...... 28 54 43 82 44 52 2 ° ′ ″ ° ′ ″ to reduce red snapper bycatch. During F ...... 29°36′ 88°37′ J ...... 28 51 09 82 44 00 ° ′ ° ′ K ...... 28°50′59″ 82°54′16″ a closure implemented in accordance G ...... 29 21 88 59 ° ′ ″ ° ′ ″ with this paragraph (d), trawling is A ...... 29°14′ 88°57′ L ...... 28 41 39 82 53 56 M 3 ...... 28°41′39″ 82°38′46″ prohibited within the specified closed N ...... 28°41′39″ 82°53′12″ area(s). (3) Louisiana zone. The Louisiana O ...... 28°30′51″ 82°55′11″ (1) Procedure for determining need for zone is bounded by rhumb lines P ...... 28°40′00″ 82°53′08″ and extent of closures. Each year, in connecting, in order, the following Q ...... 28°40′00″ 82°47′58″ accordance with the applicable points: R ...... 28°35′14″ 82°47′47″ framework procedure established in the S ...... 28°30′51″ 82°52′55″ Gulf Shrimp FMP, the RA will, if Point North lat. West long. T ...... 28°27′46″ 82°55′09″ necessary, establish a seasonal area U ...... 28°30′51″ 82°52′09″ A ...... 29°09.1′ 93°41.4′ closure for the shrimp fishery in all or ° ′ ° ′ 1 Crystal River Entrance Light 1A. B ...... 29 09.25 92 36 2 a portion of the areas of the Gulf EEZ C ...... 28°35′ 90°44′ Long Pt. (southwest tip). 3 Shoreline. specified in paragraphs (d)(2) through D ...... 29°09′ 89°48′ (d)(4) of this section. The RA’s E ...... 28°57′ 89°34′ (1) Zone I is enclosed by rhumb lines determination of the need for such F ...... 28°40′ 90°09′ connecting, in order, points A, B, C, D, closure and its geographical scope and G ...... 28°18′ 90°33′ T, E, F, G, H, I, and J, plus the shoreline duration will be based on an annual H ...... 28°25′ 91°37′ ° ′ ° ′ between points A and J. It is unlawful assessment, by the Southeast Fisheries I ...... 28 21.7 93 28.4 to trawl in that part of Zone I that is in A ...... 29°09.1′ 93°41.4′ Science Center, of the shrimp effort and the EEZ from October 5 through May 20, associated shrimp trawl bycatch (4) Texas zone. The Texas zone is each year. mortality on red snapper in the 10–30 (2) Zone II is enclosed by rhumb lines bounded by rhumb lines connecting, in fathom area of statistical zones 10–21, connecting, in order, points J, I, H, K, L, order, the following points: compared to the 67-percent target and M, plus the shoreline between reduction of shrimp trawl bycatch Point North lat. West long. points J and M. Restrictions that apply mortality on red snapper from the to Zone II and those parts of the other benchmark years of 2001–2003 A ...... 29°09.1′ 93°41.4′ zones that are in Florida’s waters are established in the FMP (which B ...... 28°44′ 95°15′ contained in Rule 68B–38.001, Florida corresponds in terms of annual shrimp C ...... 28°11′ 96°17′ Administrative Code, in effect as of effort to 27,328 days fished). The D ...... 27°44′ 96°53′ March 1, 2005 (incorporated by framework procedure provides for E ...... 27°02′ 97°11′ ° ′ ° ′ reference, see § 622.413). adjustment of this target reduction level, F ...... 26 00.5 96 57.3 (3) Zone III is enclosed by rhumb G ...... 26°00.5′ 96°35.85′ consistent with the red snapper stock ° ′ ° ′ lines connecting, in order, points P, Q, rebuilding plan and the findings of H ...... 26 24 96 36 I ...... 26°49′ 96°52′ R, U, S, and P. It is unlawful to trawl subsequent stock assessments, via J ...... 27°12′ 96°51′ in that part of Zone III that is in the EEZ appropriate rulemaking. The assessment K ...... 27°39′ 96°33′ from October 5 through May 20, each will use shrimp effort data for the most L ...... 27°55′ 96°04′ year. recent 12-month period available and M ...... 28°21.7′ 93°28.4′ (4) Zone IV is enclosed by rhumb will include a recommendation A ...... 29°09.1′ 93°41.4′ lines connecting, in order, points E, N, regarding the geographical scope and S, O, and E. duration of the closure. The Southeast (e) Shrimp/stone crab separation (i) It is unlawful to place a stone crab Fisheries Science Center’s assessment zones. Five zones are established in the trap in that part of Zone IV that is in the will be provided to the RA on or about Gulf EEZ and Florida’s waters off Citrus EEZ from October 5 through December March 1 of each year. If the RA and Hernando Counties for the 1 and from April 2 through May 20, determines that a closure is necessary, separation of shrimp trawling and stone each year. the closure falls within the scope of the crab trapping. Although Zone II is (ii) It is unlawful to trawl in that part potential closures evaluated in the Gulf entirely within Florida’s waters, it is of Zone IV that is in the EEZ from Shrimp FMP, and good cause exists to included in this paragraph (e) for the December 2 through April 1, each year. waive notice and comment, NMFS will convenience of fishermen. Restrictions (5) Zone V is enclosed by rhumb lines implement the closure by publication of that apply to Zone II and those parts of connecting, in order, points F, G, K, L, a final rule in the Federal Register. If the other zones that are in Florida’s and F.

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(i) It is unlawful to place a stone crab (b) [Reserved] provisions, and restrictions relative to trap in that part of Zone V that is in the conditions of harvested shrimp EEZ from October 5 through November § 622.59 Prevention of gear conflicts. (maintaining shrimp in whole 30 and from March 16 through May 20, (a) No person may knowingly place in condition, use as bait). each year. the Gulf EEZ any article, including (ii) It is unlawful to trawl in that part fishing gear, that interferes with fishing § 622.61 Prohibitions. of Zone V that is in the EEZ from or obstructs or damages fishing gear or In addition to the prohibitions in December 1 through March 15, each the fishing vessel of another; or § 600.725 of this chapter and the general year. knowingly use fishing gear in such a prohibitions in § 622.13, it is unlawful fashion that it obstructs or damages the for any person to violate any provisions § 622.56 Size limits. fishing gear or fishing vessel of another. of §§ 622.50 through 622.60. Shrimp not in compliance with the (b) In accordance with the procedures applicable size limit as specified in this and restrictions of the Gulf Shrimp Subpart D—Coral and Coral Reefs of section may not be possessed, sold, or FMP, the RA may modify or establish the Gulf of Mexico separation zones for shrimp trawling purchased and must be released § 622.70 Permits. immediately with a minimum of harm. and the use of fixed gear to prevent gear The operator of a vessel that fishes in conflicts. Necessary prohibitions or See § 622.4 for information regarding the EEZ is responsible for ensuring that restrictions will be published in the general permit procedures including, shrimp on board are in compliance with Federal Register. but not limited to fees, duration, the size limit specified in this section. transfer, renewal, display, sanctions and § 622.60 Adjustment of management (a) White shrimp. White shrimp denials, and replacement. measures. (a) Required permits—-(1) Allowable harvested in the Gulf EEZ are subject to In accordance with the framework chemical. For an individual to take or the minimum-size landing and procedures of the Gulf Shrimp FMP, the possess fish or other marine organisms possession limits of Louisiana when RA may establish or modify the with an allowable chemical in a coral possessed within the jurisdiction of that following: area, other than fish or other marine State. (a) Gulf shrimp. For a species or organisms that are landed in Florida, a (b) [Reserved] species group: reporting and monitoring Federal allowable chemical permit must § 622.57 Quotas. requirements, permitting requirements, have been issued to the individual. (a) Royal red shrimp in the Gulf. The size limits, vessel trip limits, closed Such permit must be available when the quota for all persons who harvest royal seasons or areas and reopenings, annual permitted activity is being conducted red shrimp in the Gulf is 392,000 lb catch limits (ACLs), annual catch targets and when such fish or other marine (177.8 mt), tail weight. (ACTs), quotas (including a quota of organisms are possessed, through (1) Quota closure restrictions. When zero), accountability measures (AMs), landing ashore. the quota in § 622.57(a) is reached, or is MSY (or proxy), OY, TAC, management (2) Aquacultured live rock. For a projected to be reached, royal red parameters such as overfished and person to take or possess aquacultured shrimp in or from the Gulf EEZ may not overfishing definitions, gear restrictions live rock in the Gulf EEZ, a Federal be retained, and the sale or purchase of (ranging from regulation to complete aquacultured live rock permit must have royal red shrimp taken from the Gulf prohibition), gear markings and been issued for the specific harvest site. EEZ is prohibited. This prohibition on identification, vessel markings and Such permit, or a copy, must be on sale or purchase during a closure for identification, allowable biological board a vessel depositing or possessing royal red shrimp does not apply to royal catch (ABC) and ABC control rules, material on an aquacultured live rock red shrimp that were harvested, landed rebuilding plans, sale and purchase site or harvesting or possessing live rock ashore, and sold prior to the effective restrictions, transfer at sea provisions, from an aquacultured live rock site. date of the closure and were held in restrictions relative to conditions of (3) Prohibited coral. A Federal permit cold storage by a dealer or processor. harvested shrimp (maintaining shrimp may be issued to take or possess Gulf (2) [Reserved] in whole condition, use as bait), target prohibited coral only as scientific (b) General quota provisions. See effort and fishing mortality reduction research activity, exempted fishing, or § 622.8 for information regarding levels, bycatch reduction criteria, BRD exempted educational activity. See applicability of quotas and general certification and decertification criteria, § 600.745 of this chapter for the quota provisions. BRD testing protocol, certified BRDs, procedures and limitations for such and BRD specification. activities and fishing. § 622.58 Annual catch limits (ACLs), (b) Gulf royal red shrimp. Reporting (4) Florida permits. Appropriate annual catch targets (ACTs), and and monitoring requirements, Florida permits and endorsements are accountability measures (AMs). permitting requirements, size limits, required for the following activities, (a) Royal red shrimp in the Gulf—(1) vessel trip limits, closed seasons or without regard to whether they involve Commercial sector. If commercial areas and reopenings, annual catch activities in the EEZ or Florida’s waters: landings, as estimated by the SRD, limits (ACLs), annual catch targets (i) Landing in Florida fish or other exceed the commercial ACL, then (ACTs), quotas (including a quota of marine organisms taken with an during the following fishing year, if zero), accountability measures (AMs), allowable chemical in a coral area. commercial landings reach or are MSY (or proxy), OY, TAC, management (ii) Landing allowable octocoral in projected to reach the commercial ACL, parameters such as overfished and Florida. the AA will file a notification with the overfishing definitions, gear restrictions (iii) Landing live rock in Florida. Office of the Federal Register to close (ranging from regulation to complete (b) Application. (1) The applicant for the commercial sector for the remainder prohibition), gear markings and a coral permit must be the individual of that fishing year. The commercial identification, vessel markings and who will be conducting the activity that ACL for royal red shrimp is 334,000 lb identification, ABC and ABC control requires the permit. In the case of a (151,500 kg), tail weight. rules, rebuilding plans, sale and corporation or partnership that will be (2) [Reserved] purchase restrictions, transfer at sea conducting live rock aquaculture

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activity, the applicant must be the waived for aquacultured live rock that is trawl, dredge, pot, or trap is prohibited principal shareholder or a general landed in Florida. year-round in the area bounded by partner. (b) [Reserved] rhumb lines connecting, in order, the (2) An applicant must provide the following points: following: § 622.72 Prohibited gear and methods. (i) Name, address, telephone number, Also see § 622.9 for additional Point North lat. West long. and other identifying information of the prohibited gear and methods that apply ° ′ ° ′ applicant. more broadly to multiple fisheries or in A ...... 28 42.5 84 24.8 some cases all fisheries. B ...... 28°42.5′ 84°16.3′ (ii) Name and address of any affiliated C ...... 28°11.0′ 84°00.0′ company, institution, or organization. (a) Power-assisted tools. A power- ° ′ ° ′ assisted tool may not be used in the Gulf D ...... 28 11.0 84 07.0 (iii) Information concerning vessels, E ...... 28°26.6′ 84°24.8′ harvesting gear/methods, or fishing EEZ to take prohibited coral or live rock. A ...... 28°42.5′ 84°24.8′ areas, as specified on the application (b) [Reserved] form. § 622.73 Prohibited species. (c) Tortugas marine reserves HAPC. (iv) Any other information that may The following activities are prohibited (a) General. The harvest and be necessary for the issuance or within the Tortugas marine reserves possession restrictions of this section administration of the permit. HAPC: Fishing for any species and apply without regard to whether the (v) If applying for an aquacultured bottom anchoring by fishing vessels. species is harvested by a vessel live rock permit, identification of each (1) EEZ portion of Tortugas North. operating under a commercial vessel vessel that will be depositing material The area is bounded by rhumb lines permit. The operator of a vessel that on or harvesting aquacultured live rock connecting the following points: From fishes in the EEZ is responsible for the from the proposed aquacultured live point A at 24°40′00″ N. lat., 83°06′00″ limit applicable to that vessel. rock site, specification of the port of W. long. to point B at 24°46′00″ N. lat., (b) Prohibited coral. Gulf prohibited landing of aquacultured live rock, and a 83°06′00″ W. long. to point C at coral taken as incidental catch in the site evaluation report prepared pursuant 24°46′00″ N. lat., 83°00′00″ W. long.; Gulf EEZ must be returned immediately to generally accepted industry standards thence along the line denoting the to the sea in the general area of fishing. that— seaward limit of Florida’s waters, as In fisheries where the entire catch is (A) Provides accurate coordinates of shown on the current edition of NOAA landed unsorted, such as the scallop the proposed harvesting site so that it chart 11434, to point A at 24°40′00″ N. and groundfish fisheries, unsorted can be located using LORAN or Global lat., 83°06′00″ W. long. prohibited coral may be landed ashore; Positioning System equipment; (2) Tortugas South. The area is (B) Shows the site on a chart in however, no person may sell or bounded by rhumb lines connecting, in sufficient detail to determine its size purchase such prohibited coral. order, the following points: and allow for site inspection; § 622.74 Area closures to protect Gulf (C) Discusses possible hazards to safe corals. Point North lat. West long. navigation or hindrance to vessel traffic, (a) West and East Flower Garden ° ′ ″ ° ′ ″ traditional fishing operations, or other A ...... 24 33 00 83 09 00 Banks HAPC. The following activities B ...... 24°33′00″ 83°05′00″ public access that may result from are prohibited year-round in the HAPC: C ...... 24°18′00″ 83°05′00″ aquacultured live rock at the site; Fishing with a bottom longline, bottom D ...... 24°18′00″ 83°09′00″ (D) Describes the naturally occurring trawl, buoy gear, dredge, pot, or trap A ...... 24°33′00″ 83°09′00″ bottom habitat at the site; and and bottom anchoring by fishing (E) Specifies the type and origin of vessels. (d) Pulley Ridge HAPC. Fishing with material to be deposited on the site and (1) West Flower Garden Bank. West a bottom longline, bottom trawl, buoy how it will be distinguishable from the Flower Garden Bank is bounded by gear, pot, or trap and bottom anchoring naturally occurring substrate. rhumb lines connecting, in order, the by fishing vessels are prohibited year- round in the area of the HAPC bounded § 622.71 Recordkeeping and reporting. following points: by rhumb lines connecting, in order, the (a) Individuals with aquacultured live Point North lat. West long. following points: rock permits. (1) A person with a Federal aquacultured live rock permit A ...... 27°55′22.8″ 93°53′09.6″ Point North lat. West long. must report to the RA each deposition B ...... 27°55′22.8″ 93°46′46.0″ of material on a site. Such reports must C ...... 27°49′03.0″ 93°46′46.0″ A ...... 24°58′18″ 83°38′33″ be postmarked not later than 7 days D ...... 27°49′03.0″ 93°53′09.6″ B ...... 24°58′18″ 83°37′00″ ° ′ ″ ° ′ ″ after deposition and must contain the A ...... 27°55′22.8″ 93°53′09.6″ C ...... 24 41 11 83 37 00 D ...... 24°40′00″ 83°41′22″ following information: (2) East Flower Garden Bank. East E ...... 24°43′55″ 83°47′15″ (i) Permit number of site and date of A ...... 24°58′18″ 83°38′33″ deposit. Flower Garden Bank is bounded by (ii) Geological origin of material rhumb lines connecting, in order, the following points: (e) Stetson Bank HAPC. Fishing with deposited. a bottom longline, bottom trawl, buoy (iii) Amount of material deposited. Point North lat. West long. gear, pot, or trap and bottom anchoring (iv) Source of material deposited, that by fishing vessels are prohibited year- is, where obtained, if removed from A ...... 27°59′14.4″ 93°38′58.2″ round in the HAPC, which is bounded another habitat, or from whom B ...... 27°59′14.4″ 93°34′03.5″ by rhumb lines connecting, in order, the purchased. C ...... 27°52′36.5″ 93°34′03.5″ following points: (2) A person who takes aquacultured D ...... 27°52′36.5″ 93°38′58.2″ live rock must submit a report of harvest A ...... 27°59′14.4″ 93°38′58.2″ Point North lat. West long. to the RA. Specific reporting requirements will be provided with the (b) Florida Middle Grounds HAPC. A ...... 28°10′38.3″ 94°18′36.5″ permit. This reporting requirement is Fishing with a bottom longline, bottom B ...... 28°10′38.3″ 94°17′06.3″

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Point North lat. West long. owner or operator of the harvesting information as the SRD may request and vessel must provide the following in the form and manner as the SRD may C ...... 28°09′18.6″ 94°17′06.3″ information to the NMFS Office for Law require. The information required to be D ...... 28°09′18.6″ 94°18′36.5″ Enforcement, Southeast Region, St. submitted must include, but is not ° ′ ″ ° ′ ″ A ...... 28 10 38.3 94 18 36.5 Petersburg, FL, by telephone (727–824– limited to, the following: 5344): (f) McGrail Bank HAPC. Fishing with (1) Dealer’s or processor’s name and (i) Permit number of site to be address. a bottom longline, bottom trawl, buoy harvested and date of harvest. gear, pot, or trap and bottom anchoring (ii) Name and official number of the (2) State and county where red drum by fishing vessels are prohibited year- vessel to be used in harvesting. were landed. round in the HAPC, which is bounded (iii) Date, port, and facility at which (3) Total poundage of red drum by rhumb lines connecting, in order, the aquacultured live rock will be landed. received during the reporting period, by following points: (b) [Reserved] each type of gear used for harvest. Point North lat. West long. § 622.76 Restrictions on sale/purchase. (b) [Reserved] (a) Gulf wild live rock. Wild live rock § 622.91 Prohibited species. A ...... 27°59′06.0″ 92°37′19.2″ in or from the Gulf EEZ may not be sold ° ′ ″ ° ′ ″ B ...... 27 59 06.0 92 32 17.4 or purchased. The prohibition on sale or (a) General. The harvest and C ...... 27°55′55.5″ 92°32′17.4″ possession restrictions of this section ° ′ ″ ° ′ ″ purchase does not apply to wild live D ...... 27 55 55.5 92 37 19.2 apply without regard to whether the A ...... 27°59′06.0″ 92°37′19.2″ rock from the Gulf EEZ that was harvested and landed prior to January 1, species is harvested by a vessel 1997. operating under a commercial vessel § 622.75 Harvest limitations. (b) [Reserved] permit. The operator of a vessel that (a) Aquacultured live rock. In the Gulf fishes in the EEZ is responsible for the EEZ: § 622.77 Adjustment of management limit applicable to that vessel. (1) Aquacultured live rock may be measures. (b) Red drum. Red drum may not be harvested only under a permit, as In accordance with the framework harvested or possessed in or from the required under § 622.70(a)(2), and procedures of the FMP for Coral and Gulf EEZ. Such fish caught in the Gulf aquacultured live rock on a site may be Coral Reefs of the Gulf of Mexico, the EEZ must be released immediately with harvested only by the person, or his or RA may establish or modify the a minimum of harm. her employee, contractor, or agent, who following: has been issued the aquacultured live (a) Gulf coral resources. For a species § 622.92 Adjustment of management rock permit for the site. A person or species group: reporting and measures. harvesting aquacultured live rock is monitoring requirements, permitting In accordance with the framework exempt from the prohibition on taking requirements, bag and possession limits procedures of the FMP for the Red Drum prohibited coral for such prohibited (including a bag limit of zero), size Fishery of the Gulf of Mexico, the RA coral as attaches to aquacultured live limits, vessel trip limits, closed seasons may establish or modify the following rock. or areas and reopenings, annual catch (2) The following restrictions apply to limits (ACLs), annual catch targets items: individual aquaculture activities: (ACTs), quotas (including a quota of (a) Reporting and monitoring (i) No aquaculture site may exceed 1 zero), accountability measures (AMs), requirements, permitting requirements, acre (0.4 ha) in size. MSY (or proxy), OY, TAC, management bag and possession limits (including a (ii) Material deposited on the parameters such as overfished and bag limit of zero), size limits, vessel trip aquaculture site— overfishing definitions, gear restrictions limits, closed seasons or areas and (A) May not be placed over naturally (ranging from regulation to complete reopenings, annual catch limits (ACLs), occurring reef outcrops, limestone prohibition), gear markings and annual catch targets (ACTs), quotas ledges, coral reefs, or vegetated areas. identification, vessel markings and (including a quota of zero), (B) Must be free of contaminants. identification, allowable biological accountability measures (AMs), MSY (or (C) Must be nontoxic. catch (ABC) and ABC control rules, proxy), OY, TAC, management (D) Must be placed on the site by rebuilding plans, sale and purchase parameters such as overfished and hand or lowered completely to the restrictions, transfer at sea provisions, overfishing definitions, gear restrictions bottom under restraint, that is, not and restrictions relative to conditions of (ranging from regulation to complete allowed to fall freely. prohibition), gear markings and (E) Must be placed from a vessel that harvested corals. (b) [Reserved] identification, vessel markings and is anchored. identification, ABC and ABC control (F) Must be distinguishable, § 622.78 Prohibitions. rules, rebuilding plans, sale and geologically or otherwise (for example, In addition to the prohibitions in purchase restrictions, transfer at sea be indelibly marked or tagged), from the § 600.725 of this chapter and the general provisions, and restrictions relative to naturally occurring substrate. prohibitions in § 622.13 of this part, it (iii) A minimum setback of at least 50 conditions of harvested fish is unlawful for any person to violate any (maintaining fish in whole condition, ft (15.2 m) must be maintained from provisions of §§ 622.70 through 622.77. natural vegetated or hard bottom use as bait). habitats. Subpart E—Red Drum Fishery of the (b) [Reserved] (3) Mechanically dredging or drilling, Gulf of Mexico § 622.93 Prohibitions. or otherwise disturbing, aquacultured live rock is prohibited, and § 622.90 Recordkeeping and reporting. In addition to the prohibitions in aquacultured live rock may be harvested (a) Dealers. A dealer or processor who § 600.725 of this chapter and the general only by hand. purchases red drum harvested from the prohibitions in § 622.13, it is unlawful (4) Not less than 24 hours prior to Gulf who is selected to report by the for any person to violate any provisions harvest of aquacultured live rock, the SRD must report to the SRD such of §§ 622.90 through 622.92.

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Subparts F–H [Reserved] when a vessel is operating as a charter limit of snapper-grouper) and valid or vessel or headboat, a person aboard renewable commercial vessel permits Subpart I—Snapper-Grouper Fishery of must adhere to the bag limits. See the for South Atlantic snapper-grouper the South Atlantic Region definitions of ‘‘Charter vessel’’ and unlimited that have no reported ‘‘Headboat’’ in § 622.2 for an landings of black sea bass using black § 622.170 Permits and endorsements. explanation of when vessels are sea bass pots from January 1, 2008, (a) Commercial vessel permits—(1) considered to be operating as a charter through December 31, 2010. NMFS will South Atlantic snapper-grouper. For a vessel or headboat, respectively. attribute all applicable black sea bass person aboard a vessel to be eligible for (2) [Reserved] landings associated with a current exemption from the bag limits for South (c) Dealer permits and conditions—(1) snapper-grouper permit for the Atlantic snapper-grouper in or from the Permits. For a dealer to receive South applicable landings history, including South Atlantic EEZ, to sell South Atlantic snapper-grouper or wreckfish those reported by a person(s) who held Atlantic snapper-grouper in or from the harvested from the South Atlantic EEZ, the permit prior to the current permit South Atlantic EEZ, to engage in the a dealer permit for South Atlantic owner, to the current permit owner. directed fishery for tilefish in the South snapper-grouper or wreckfish, Only legal landings reported in Atlantic EEZ, to use a longline to fish respectively, must be issued to the compliance with applicable state and for South Atlantic snapper-grouper in dealer. Federal regulations are acceptable. the South Atlantic EEZ, or to use a sea (2) State license and facility (2) Initial issuance. On or about June bass pot in the South Atlantic EEZ requirements. To obtain a dealer permit 1, 2012, the RA will mail each eligible between 35°15.19′ N. lat. (due east of or endorsement, the applicant must permittee a black sea bass pot Cape Hatteras Light, NC) and 28°35.1′ N. have a valid state wholesaler’s license in endorsement via certified mail, return lat. (due east of the NASA Vehicle the state(s) where the dealer operates, if receipt requested, to the permittee’s Assembly Building, Cape Canaveral, required by such state(s), and must have address of record as listed in NMFS’ FL), a commercial vessel permit for a physical facility at a fixed location in permit files. An eligible permittee who South Atlantic snapper-grouper must such state(s). does not receive an endorsement from have been issued to the vessel and must (d) Permit procedures. See § 622.4 for the RA, must contact the RA no later be on board. A vessel with longline gear information regarding general permit than July 1, 2012, to clarify his/her and more than 200 lb (90.7 kg) of tilefish procedures including, but not limited to endorsement status. A permittee denied on board is considered to be in the application, fees, duration, transfer, an endorsement based on the RA’s directed fishery for tilefish. It is a renewal, display, sanctions and denials, initial determination of eligibility and rebuttable presumption that a fishing and replacement. who disagrees with that determination vessel with more than 200 lb (90.7 kg) (e) South Atlantic black sea bass pot may appeal to the RA. of tilefish on board harvested such endorsement. For a person aboard a (3) Procedure for appealing black sea tilefish in the EEZ. See § 622.171 for vessel, for which a valid commercial bass pot endorsement eligibility and/or limitations on the use, transfer, and vessel permit for South Atlantic landings information. The only items renewal of a commercial vessel permit snapper-grouper unlimited has been subject to appeal are initial eligibility for South Atlantic snapper-grouper. issued, to use a black sea bass pot in the for a black sea bass pot endorsement (2) Wreckfish. For a person aboard a South Atlantic EEZ, a valid South based on ownership of a qualifying vessel to be eligible for exemption from Atlantic black sea bass pot endorsement snapper-grouper permit, the accuracy of the bag limit for wreckfish in or from must have been issued to the vessel and the amount of landings, and correct the South Atlantic EEZ, to fish under a must be on board. A permit or assignment of landings to the permittee. quota for wreckfish in or from the South endorsement that has expired is not Appeals based on hardship factors will Atlantic EEZ, or to sell wreckfish in or valid. This endorsement must be not be considered. Appeals must be from the South Atlantic EEZ, a renewed annually and may only be submitted to the RA postmarked no later commercial vessel permit for wreckfish renewed if the associated vessel has a than October 1, 2012, and must contain and a commercial permit for South valid commercial vessel permit for documentation supporting the basis for Atlantic snapper-grouper must have South Atlantic snapper-grouper the appeal. The RA will review all been issued to the vessel and must be unlimited or if the endorsement and appeals, render final decisions on the on board. To obtain a commercial vessel associated permit are being concurrently appeals, and advise the appellant of the permit for wreckfish, the applicant must renewed. The RA will not reissue this final NMFS decision. be a wreckfish shareholder; and either endorsement if the endorsement is (i) Eligibility appeals. NMFS’ records the shareholder must be the vessel revoked or if the RA does not receive a of snapper-grouper permits are the sole owner or the owner or operator must be complete application for renewal of the basis for determining ownership of such an employee, contractor, or agent of the endorsement within 1 year after the permits. A person who believes he/she shareholder. (See § 622.172 for endorsement’s expiration date. meets the permit eligibility criteria information on wreckfish shareholders.) (1) Initial eligibility. To be eligible for based on ownership of a vessel under a (b) Charter vessel/headboat permits— an initial South Atlantic black sea bass different name, for example, as a result (1) South Atlantic snapper-grouper. For pot endorsement, a person must have of ownership changes from individual a person aboard a vessel that is been issued and must possess a valid or to corporate or vice versa, must operating as a charter vessel or headboat renewable commercial vessel permit for document his/her continuity of to fish for or possess, in or from the South Atlantic snapper-grouper that has ownership. EEZ, South Atlantic snapper-grouper, a black sea bass landings using black sea (ii) Landings appeals. Determinations valid charter vessel/headboat permit for bass pot gear averaging at least 2,500 lb of appeals regarding landings data for South Atlantic snapper-grouper must (1,134 kg), round weight, annually 1999 through 2010 will be based on have been issued to the vessel and must during the period January 1, 1999 NMFS’ logbook records. If NMFS’ be on board. A charter vessel or through December 31, 2010. Excluded logbooks are not available, the RA may headboat may have both a charter from this eligibility, are trip-limited use state landings records or data for the vessel/headboat permit and a permits (South Atlantic snapper-grouper period 1999 through 2010 that were commercial vessel permit. However, permits that have a 225-lb (102.1-kg) submitted in compliance with

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applicable Federal and state regulations one or more of the following: husband, redistributing shares (see paragraph on or before December 31, 2011. wife, son, daughter, brother, sister, (a)(1)(ii) of this section) to accommodate (4) Transferability. A valid or mother, or father. The application for resolution of appeals, if necessary. renewable black sea bass pot transfer of a permit under this paragraph NMFS will distribute any portion of the endorsement may be transferred (b)(1)(ii)(B) and each application for 1.401-percent share remaining after the between any two entities that hold, or renewal of such permit must be appeals process as soon as possible simultaneously obtain, a valid South accompanied by a current annual report among the remaining shareholders. Atlantic snapper-grouper unlimited of the corporation that specifies all (iv) Procedure for appealing wreckfish permit. Endorsements may be shareholders of the corporation. A quota share status and landings transferred independently from the permit will not be renewed if the annual information. Appeals must be submitted South Atlantic snapper-grouper report shows a new shareholder other to the RA postmarked no later than unlimited permit. NMFS will attribute than a husband, wife, son, daughter, January 24, 2013, and must contain black sea bass landings to the associated brother, sister, mother, or father. documentation supporting the basis for South Atlantic snapper-grouper (iii) Except as provided in paragraphs the appeal. The only items subject to unlimited permit regardless of whether (b)(1)(i) and (ii) of this section, a person appeal are the status of wreckfish quota the landings occurred before or after the desiring to acquire a limited access, shares, as active or inactive, and the endorsement was issued. Only legal transferable permit for South Atlantic accuracy of the amount of landings. The landings reported in compliance with snapper-grouper must obtain and RA will review and evaluate all appeals, applicable state and Federal regulations exchange two such permits for one new render final decisions on the appeals, are acceptable. permit. and advise the appellant of the final (5) Fees. No fee applies to initial (iv) A transfer of a permit that is decision. Appeals based on hardship issuance of a black sea bass pot undertaken under paragraph (b)(1)(ii) of factors will not be considered. The RA endorsement. NMFS charges a fee for this section will constitute a transfer of will determine the outcome of appeals each renewal or replacement of such the vessel’s entire catch history to the based on NMFS’ logbooks. If NMFS’ endorsement and calculates the amount new owner. logbooks are not available, the RA may of each fee in accordance with the (2) Trip-limited permits. An owner of use state landings records. Appellants procedures of the NOAA Finance a vessel with a trip-limited permit may must submit NMFS’ logbooks or state Handbook for determining the request that the RA transfer the permit landings records, as appropriate, to administrative costs of each special to another vessel owned by the same support their appeal. product or service. The fee may not entity. (2) Share transfers. All or a portion of exceed such costs and is specified with (c) Renewal. NMFS will not reissue a a person’s percentage shares are each application form. The handbook is commercial vessel permit for South transferrable. Transfer of shares must be available from the RA. The appropriate Atlantic snapper-grouper if the permit is reported on a form available from the fee must accompany each application revoked or if the RA does not receive an RA. The RA will confirm, in writing, for renewal or replacement. application for renewal within one year each transfer of shares. The effective of the permit’s expiration date. date of each transfer is the confirmation § 622.171 South Atlantic snapper-grouper date provided by the RA. NMFS charges limited access. § 622.172 Wreckfish individual a fee for each transfer of shares and (a) General. The only valid transferable quota (ITQ) system. calculates the amount in accordance commercial vessel permits for South The provisions of this section apply to with the procedures of the NOAA Atlantic snapper-grouper are those that wreckfish in or from the South Atlantic Finance Handbook. The handbook is have been issued under the limited EEZ. available from the RA. The fee may not access criteria specified in the Fishery (a) General—(1) Percentage shares— exceed such costs and is specified with Management Plan for the Snapper- (i) Initial ITQ shares. In accordance with each transfer form. The appropriate fee Grouper Fishery of the South Atlantic the procedure specified in the Fishery must accompany each transfer form. Region. A commercial vessel permit for Management Plan for the Snapper- (3) ITQ share cap. No person, South Atlantic snapper-grouper is either Grouper Fishery of the South Atlantic including a corporation or other entity, a transferable commercial permit or a Region, percentage shares of the quota may individually or collectively hold trip-limited commercial permit. for wreckfish were assigned at the ITQ shares in excess of 49 percent of the (b) Transfers of permits. A snapper- beginning of the program. Each person total shares. For the purposes of grouper limited access permit is valid was notified by the RA of his or her considering the share cap, a only for the vessel and owner named on percentage share and shareholder corporation’s total ITQ share is the permit. To change either the vessel certificate number. determined by adding the corporation’s or the owner, an application for transfer (ii) Reverted ITQ shares. Any shares ITQ shares to any other ITQ shares the must be submitted to the RA. determined by NMFS to be inactive, corporation owns in another (1) Transferable permits. (i) An owner will be redistributed proportionately corporation. If an individual ITQ of a vessel with a transferable permit among remaining shareholders (subject shareholder is also a shareholder in a may request that the RA transfer the to cap restrictions) based on shareholder corporation that holds ITQ shares, an permit to another vessel owned by the landings history. Inactive shares are, for individual’s total ITQ share is same entity. purposes of this section, those shares determined by adding the applicable (ii) A transferable permit may be held by ITQ shareholders who have not ITQ shares held by the individual to the transferred upon a change of ownership reported any wreckfish landings applicable ITQ shares equivalent to the of a permitted vessel with such permit— between April 16, 2006, and January 14, corporate share the individual holds in (A) From one to another of the 2011. a corporation. A corporation must following: husband, wife, son, daughter, (iii) Percentage share set-aside to provide the RA the identity of the brother, sister, mother, or father; or accommodate resolution of appeals. shareholders of the corporation and (B) From an individual to a During the 2012–2013 fishing year, the their percent of shares in the corporation whose shares are all held by RA will reserve 1.401 percent of corporation, and provide updated the individual or by the individual and wreckfish ITQ shares prior to information to the RA within 30 days of

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when a change occurs. This information agent, and with all required sale (3) A wreckfish harvested by a vessel must also be provided to the RA any endorsements properly completed. that has been issued a commercial time a commercial vessel permit for (4) Wreckfish may not be possessed vessel permit for South Atlantic wreckfish is renewed or transferred. on board a fishing vessel that has been snapper-grouper and a commercial (b) Lists of wreckfish shareholders issued a commercial vessel permit for vessel permit for wreckfish may be and permitted vessels. Annually, on or South Atlantic snapper-grouper and a offloaded from a fishing vessel only about March 1, the RA will provide each commercial vessel permit for between 8 a.m. and 5 p.m., local time. wreckfish shareholder with a list of all wreckfish— (4) If a wreckfish harvested by a vessel wreckfish shareholders and their (i) In an amount exceeding the total of that has been issued a commercial percentage shares, reflecting share the ITQ coupons on board the vessel; or vessel permit for South Atlantic transactions on forms received through (ii) That does not have on board snapper-grouper and a commercial February 15. Annually by April 15, the logbook forms for that fishing trip, as vessel permit for wreckfish is to be RA will provide each dealer who holds required under § 622.176(a)(3)(i). offloaded at a location other than a fixed a dealer permit for wreckfish, as (5) Prior to termination of a trip, a facility of a dealer who holds a dealer required under § 622.170(c), with a list signature and date signed must be permit for wreckfish, as required under of vessels for which wreckfish permits affixed in ink to the ‘‘Fisherman’’ part § 622.170(c), the wreckfish shareholder have been issued, as required under of ITQ coupons in denominations equal or the vessel operator must advise the § 622.170(a)(2). Annually, by April 15, to the eviscerated weight of the NMFS Office for Law Enforcement, the RA will provide each wreckfish wreckfish on board. The ‘‘Fisherman’’ Southeast Region, St. Petersburg, FL, by shareholder with a list of dealers who part of each such coupon must be telephone (727–824–5344), of the have been issued dealer permits for separated from the coupon and location not less than 24 hours prior to wreckfish. From April 16 through submitted with the logbook forms offloading. January 14, updated lists will be required by § 622.176(a)(3)(i) for that provided when required. Updated lists fishing trip. §§ 622.173–622.175 [Reserved] may be obtained at other times or by a (6) The ‘‘Fish House’’ part of each § 622.176 Recordkeeping and reporting. person who is not a wreckfish such coupon must be given to the dealer shareholder or wreckfish dealer permit to whom the wreckfish are transferred (a) Commercial vessel owners and holder by written request to the RA. in amounts totaling the eviscerated operators—(1) General reporting (c) ITQs. (1) Annually, as soon after weight of the wreckfish transferred to requirements. The owner or operator of March 1 as the TAC for wreckfish for that dealer. A wreckfish may be a vessel for which a commercial permit the fishing year that commences April transferred only to a dealer who holds for South Atlantic snapper-grouper has 16 is known, the RA will calculate each a dealer permit for wreckfish, as been issued, as required under wreckfish shareholder’s ITQ. Each ITQ required under § 622.170(c). § 622.170(a)(1), or whose vessel fishes for or lands South Atlantic snapper- is the product of the wreckfish TAC, in (7) A dealer may receive a wreckfish grouper in or from state waters round weight, for the ensuing fishing only from a vessel for which a adjoining the South Atlantic EEZ, who year, the factor for converting round commercial permit for wreckfish has is selected to report by the SRD must weight to eviscerated weight, and each been issued, as required under maintain a fishing record on a form wreckfish shareholder’s percentage § 622.170(a)(2). A dealer must receive available from the SRD and must submit share, reflecting share transactions the ‘‘Fish House’’ part of ITQ coupons such record as specified in paragraph reported on forms received by the RA in amounts totaling the eviscerated (a)(4) of this section. through February 15. Thus, the ITQs weight of the wreckfish received; enter will be in terms of eviscerated weight of the permit number of the vessel from (2) Electronic logbook/video wreckfish. which the wreckfish were received, monitoring reporting. The owner or (2) The RA will provide each enter the date the wreckfish were operator of a vessel for which a wreckfish shareholder with ITQ received, enter the dealer’s permit commercial permit for South Atlantic coupons in various denominations, the number, and sign each such ‘‘Fish snapper-grouper has been issued, as total of which equals his or her ITQ, and House’’ part; and submit all such parts required under § 622.170(a)(1), who is a copy of the calculations used in with the dealer reports required by selected to report by the SRD must determining his or her ITQ. Each § 622.176(c). participate in the NMFS-sponsored coupon will be coded to indicate the (8) An owner or operator of a vessel electronic logbook and/or video initial recipient. and a dealer must make available to an monitoring reporting program as (3) An ITQ coupon may be transferred authorized officer all ITQ coupons in directed by the SRD. Compliance with from one wreckfish shareholder to his or her possession upon request. the reporting requirements of this another by completing the sale (d) Wreckfish limitations. (1) A paragraph (a)(2) is required for permit endorsement thereon (that is, the wreckfish taken in the South Atlantic renewal. signature and shareholder certificate EEZ may not be transferred at sea, (3) Wreckfish reporting. The wreckfish number of the buyer). An ITQ coupon regardless of where the transfer takes shareholder under § 622.172, or operator may be possessed only by the place; and a wreckfish may not be of a vessel for which a commercial shareholder to whom it has been issued, transferred in the South Atlantic EEZ. permit for wreckfish has been issued, as or by the shareholder’s employee, (2) A wreckfish possessed by a required under § 622.170(a)(2), must— contractor, or agent, unless the ITQ fisherman or dealer shoreward of the (i) Maintain a fishing record on a form coupon has been transferred to another outer boundary of the South Atlantic available from the SRD and must submit shareholder. An ITQ coupon that has EEZ or in a South Atlantic coastal state such record as specified in paragraph been transferred to another shareholder will be presumed to have been (a)(4) of this section. may be possessed only by the harvested from the South Atlantic EEZ (ii) Make available to an authorized shareholder whose signature appears on unless accompanied by documentation officer upon request all records of the coupon as the buyer, or by the that it was harvested from other than the commercial offloadings, purchases, or shareholder’s employee, contractor, or South Atlantic EEZ. sales of wreckfish.

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(4) Reporting deadlines. Completed is indicated on the form and its of Cape Hatteras Light, NC) and 28°35.1′ fishing records required by this accompanying instructions. N. lat. (due east of the NASA Vehicle paragraph (a) must be submitted to the (c) Dealers. (1) A person who Assembly Building, Cape Canaveral, SRD postmarked not later than 7 days purchases South Atlantic snapper- FL), or a sea bass pot on board a vessel after the end of each fishing trip. If no grouper that were harvested from the with a commercial permit for South fishing occurred during a calendar EEZ or from adjoining state waters and Atlantic snapper-grouper, must have a month, a report so stating must be who is selected to report by the SRD and valid identification tag issued by the RA submitted on one of the forms a dealer who has been issued a dealer attached. postmarked not later than 7 days after permit for wreckfish, as required under (2) Associated buoys. In the South the end of that month. Information to be § 622.170(c), must provide information Atlantic EEZ, buoys are not required to reported is indicated on the form and its on receipts of South Atlantic snapper- be used, but, if used, each buoy must accompanying instructions. grouper and prices paid, by species, on display the official number and color (b) Charter vessel/headboat owners forms available from the SRD. The code assigned by the RA so as to be and operators—(1) General reporting required information must be submitted easily distinguished, located, and requirement. The owner or operator of to the SRD at monthly intervals, identified. a vessel for which a charter vessel/ postmarked not later than 5 days after (3) Presumption of ownership. A sea headboat permit for South Atlantic the end of the month. Reporting bass pot in the EEZ will be presumed to snapper-grouper has been issued, as frequency and reporting deadlines may be the property of the most recently required under § 622.170(b)(1), or whose be modified upon notification by the documented owner. This presumption vessel fishes for or lands such snapper- SRD. If no South Atlantic snapper- will not apply with respect to such pots grouper in or from state waters grouper were received during a calendar that are lost or sold if the owner reports adjoining the South Atlantic EEZ, who month, a report so stating must be the loss or sale within 15 days to the is selected to report by the SRD must submitted on one of the forms, RA. maintain a fishing record for each trip, postmarked not later than 5 days after (4) Unmarked sea bass pots or buoys. or a portion of such trips as specified by the end of the month. However, during An unmarked sea bass pot or a buoy the SRD, on forms provided by the SRD complete months encompassed by the deployed in the EEZ where such pot or and must submit such record as wreckfish spawning-season closure (that buoy is required to be marked is illegal specified in paragraph (b)(3) of this is, February and March), a wreckfish and may be disposed of in any section. dealer is not required to submit a report appropriate manner by the Assistant (2) Electronic logbook/video stating that no wreckfish were received. Administrator or an authorized officer. monitoring reporting. The owner or (2) A dealer reporting South Atlantic (b) [Reserved] operator of a vessel for which a charter snapper-grouper other than wreckfish vessel/headboat permit for South may submit the information required in § 622.178 At-sea observer coverage. Atlantic snapper-grouper has been paragraph (c)(1) of this section via (a) Required coverage. (1) A vessel for issued, as required under facsimile (fax). which a Federal commercial vessel § 622.170(b)(1), who is selected to report (3) A dealer who has been issued a permit for South Atlantic snapper- by the SRD must participate in the dealer permit for wreckfish, as required grouper or a charter vessel/headboat NMFS-sponsored electronic logbook under § 622.170(c), must make available permit for South Atlantic snapper- and/or video monitoring reporting to an authorized officer upon request all grouper has been issued must carry a program as directed by the SRD. records of commercial offloadings, NMFS-approved observer, if the vessel’s Compliance with the reporting purchases, or sales of wreckfish. trip is selected by the SRD for observer requirements of this paragraph (b)(2) is (d) Private recreational vessels in the coverage. Vessel permit renewal is required for permit renewal. South Atlantic snapper-grouper fishery. contingent upon compliance with this (3) Reporting deadlines—(i) Charter The owner or operator of a vessel that paragraph (a)(1). vessels. Completed fishing records fishes for or lands South Atlantic (2) Any other vessel that fishes for required by paragraph (b)(1) of this snapper-grouper in or from the South South Atlantic snapper-grouper in the section for charter vessels must be Atlantic EEZ who is selected to report South Atlantic EEZ must carry a NMFS- submitted to the SRD weekly, by the SRD must— approved observer, if the vessel’s trip is postmarked not later than 7 days after (1) Maintain a fishing record for each selected by the SRD for observer the end of each week (Sunday). trip, or a portion of such trips as coverage. Completed fishing records required by specified by the SRD, on forms provided (b) Notification to the SRD. When paragraph (b)(2) of this section for by the SRD. Completed fishing records observer coverage is required, an owner charter vessels may be required weekly must be submitted to the SRD monthly or operator must advise the SRD in or daily, as directed by the SRD. and must either be made available to an writing not less than 5 days in advance Information to be reported is indicated authorized statistical reporting agent or of each trip of the following: on the form and its accompanying be postmarked not later than 7 days (1) Departure information (port, dock, instructions. after the end of each month. Information date, and time). (ii) Headboats. Completed fishing to be reported is indicated on the form (2) Expected landing information records required by paragraph (b)(1) of and its accompanying instructions. (port, dock, and date). this section for headboats must be (2) Participate in the NMFS-sponsored (c) Observer accommodations and submitted to the SRD monthly and must electronic logbook and/or video access. An owner or operator of a vessel either be made available to an monitoring reporting program as on which a NMFS-approved observer is authorized statistical reporting agent or directed by the SRD. embarked must: be postmarked not later than 7 days (1) Provide accommodations and food after the end of each month. Completed § 622.177 Gear identification. that are equivalent to those provided to fishing records required by paragraph (a) Sea bass pots and associated the crew. (b)(2) of this section for headboats may buoys—(1) Sea bass pots. A sea bass pot (2) Allow the observer access to and be required weekly or daily, as directed used or possessed in the South Atlantic use of the vessel’s communications by the SRD. Information to be reported EEZ between 35°15.19′ N. lat. (due east equipment and personnel upon request

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for the transmission and receipt of This equipment must meet the (b) Prohibited species—(1) Goliath messages related to the observer’s specifications described in Appendix F grouper and Nassau grouper. Goliath duties. to this part. grouper and Nassau grouper may not be (3) Allow the observer access to and (2) Smalltooth sawfish conservation harvested or possessed in or from the use of the vessel’s navigation equipment measures. The owner or operator of a South Atlantic EEZ. Goliath grouper and and personnel upon request to vessel for which a commercial vessel Nassau grouper taken in the South determine the vessel’s position. permit for South Atlantic snapper- Atlantic EEZ incidentally by hook-and- (4) Allow the observer free and grouper or a charter vessel/headboat line must be released immediately by unobstructed access to the vessel’s permit for South Atlantic snapper- cutting the line without removing the bridge, working decks, holding bins, grouper has been issued, as required fish from the water. weight scales, holds, and any other under §§ 622.170(a)(1) and (2) Red snapper. Red snapper may not space used to hold, process, weigh, or 622.170(b)(1), respectively, that be harvested or possessed in or from the store fish. incidentally catches a smalltooth South Atlantic EEZ. Such fish caught in (5) Allow the observer to inspect and sawfish must— the South Atlantic EEZ must be released copy the vessel’s log, communications (i) Keep the sawfish in the water at all immediately with a minimum of harm. logs, and any records associated with times; In addition, for a person on board a the catch and distribution of fish for that (ii) If it can be done safely, untangle vessel for which a valid Federal trip. the line if it is wrapped around the saw; commercial or charter vessel/headboat (iii) Cut the line as close to the hook § 622.179 Conservation measures for permit for South Atlantic snapper- protected resources. as possible; and grouper has been issued, the provisions (iv) Not handle the animal or attempt of this closure apply in the South (a) South Atlantic snapper-grouper to remove any hooks on the saw, except Atlantic, regardless of where such fish commercial vessels and charter vessels/ with a long-handled dehooker. are harvested, i.e., in state or Federal headboats—(1) Sea turtle conservation (b) [Reserved] waters. measures. (i) The owner or operator of (3) Speckled hind and warsaw a vessel for which a commercial vessel § 622.180 Prohibited gear and methods. grouper. Speckled hind and warsaw permit for South Atlantic snapper- Also see § 622.9 for additional grouper may not be harvested or grouper or a charter vessel/headboat prohibited gear and methods that apply possessed in or from the South Atlantic permit for South Atlantic snapper- more broadly to multiple fisheries or in EEZ. Such fish caught in the South grouper has been issued, as required some cases all fisheries. Atlantic EEZ must be released under §§ 622.170(a)(1) and (a) Poisons. A poison may not be used immediately with a minimum of harm. 622.170(b)(1), respectively, and whose to fish for South Atlantic snapper- These restrictions also apply in the vessel has on board any hook-and-line grouper in the South Atlantic EEZ. South Atlantic on board a vessel for gear, must post inside the wheelhouse, (b) Rebreathers and spearfishing gear. which a valid Federal commercial or or within a waterproof case if no In the South Atlantic EEZ, a person charter vessel/headboat permit for wheelhouse, a copy of the document using a rebreather may not harvest South Atlantic snapper-grouper has provided by NMFS titled, ‘‘Careful South Atlantic snapper-grouper with been issued, i.e., in state or Federal Release Protocols for Sea Turtle Release spearfishing gear. The possession of waters. With Minimal Injury,’’ and must post such snapper-grouper while in the water (c) Limited-harvest species. A person inside the wheelhouse, or in an easily with a rebreather is prima facie who fishes in the EEZ may not combine viewable area if no wheelhouse, the sea evidence that such fish was harvested a harvest limitation specified in this turtle handling and release guidelines with spearfishing gear while using a paragraph (c) with a harvest limitation provided by NMFS. rebreather. applicable to state waters. A species (ii) Such owner or operator must also (c) Longlines for wreckfish. A bottom subject to a harvest limitation specified comply with the sea turtle bycatch longline may not be used to fish for in this paragraph (c) taken in the EEZ mitigation measures, including gear wreckfish in the South Atlantic EEZ. A may not be transferred at sea, regardless requirements and sea turtle handling person aboard a vessel that has a of where such transfer takes place, and requirements, specified in Appendix F longline on board may not retain a such species may not be transferred in to this part. wreckfish in or from the South Atlantic the EEZ. (iii) Those permitted vessels with a EEZ. For the purposes of this paragraph, (1) Cubera snapper. No person may freeboard height of 4 ft (1.2 m) or less a vessel is considered to have a longline harvest more than two cubera snapper must have on board and must use a on board when a power-operated measuring 30 inches (76.2 cm), TL, or dipnet, cushioned/support device, longline hauler, a cable of diameter larger, per day in the South Atlantic short-handled dehooker, long-nose or suitable for use in the longline fishery EEZ off Florida and no more than two needle-nose pliers, bolt cutters, longer than 1.5 mi (2.4 km) on any reel, such cubera snapper in or from the monofilament line cutters, and at least and gangions are on board. Removal of South Atlantic EEZ off Florida may be two types of mouth openers/mouth gags. any one of these three elements possessed on board a vessel at any time. This equipment must meet the constitutes removal of a longline. (2) [Reserved] specifications described in Appendix F to this part. Those permitted vessels § 622.181 Prohibited and limited-harvest § 622.182 Gear-restricted areas. with a freeboard height of greater than species. (a) Special management zones 4 ft (1.2 m) must have on board a dipnet, (a) General. The harvest and (SMZs). (1) The SMZs consist of cushioned/support device, long-handled possession restrictions of this section artificial reefs and surrounding areas as line clipper, a short-handled and a long- apply without regard to whether the follows: handled dehooker, a long-handled species is harvested by a vessel (i) Paradise Reef is bounded on the device to pull an inverted ‘‘V’’, long- operating under a commercial vessel north by 33°31.59′ N. lat.; on the south nose or needle-nose pliers, bolt cutters, permit. The operator of a vessel that by 33°30.51′ N. lat.; on the east by monofilament line cutters, and at least fishes in the EEZ is responsible for the 78°57.55′ W. long.; and on the west by two types of mouth openers/mouth gags. limit applicable to that vessel. 78°58.85′ W. long.

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(ii) Ten Mile Reef is bounded on the 81°10.5′ W. long.; and on the west by (xxviii) Bill Perry Jr. Reef is bounded north by 33°26.65′ N. lat.; on the south 81°13.4′ W. long. on the north by 33°26.20′ N. lat.; on the by 33°24.80′ N. lat.; on the east by (xvi) Artificial Reef—J is bounded on south by 33°25.20′ N. lat.; on the east by 78°51.08′ W. long.; and on the west by the north by 31°36.7′ N. lat.; on the 78°32.70′ W. long.; and on the west by 78°52.97′ W. long. south by 31°34.7′ N. lat.; on the east by 78°33.80′ W. long. (iii) Pawleys Island Reef is bounded 80°47.3′ W. long.; and on the west by (xxix) Comanche Reef is bounded on on the north by 33°26.58′ N. lat.; on the 80°50.1′ W. long. the north by 32°27.40′ N. lat.; on the south by 33°25.76′ N. lat.; on the east by (xvii) Artificial Reef—L is bounded on south by 32°26.90′ N. lat.; on the east by 79°00.29′ W. long.; and on the west by the north by 31°46.0′ N. lat.; on the 79°18.80′ W. long.; and on the west by 79°01.24′ W. long. south by 31°44.0′ N. lat.; on the east by 79°19.60′ W. long. (iv) Georgetown Reef is bounded on 80°34.7′ W. long.; and on the west by (xxx) Murrel’s Inlet 60 Foot Reef is the north by 33°14.90′ N. lat.; on the 80°37.1′ W. long. bounded on the north by 33°17.50′ N. south by 33°13.85′ N. lat.; on the east by (xviii) Artificial Reef—KC is bounded lat.; on the south by 33°16.50′ N. lat.; on 78°59.45′ W. long.; and on the west by on the north by 31°51.2′ N. lat.; on the the east by 78°44.67′ W. long.; and on 79°00.65′ W. long. south by 31°49.2′ N. lat.; on the east by the west by 78°45.98′ W. long. (v) Capers Reef is bounded on the 80°45.3′ W. long.; and on the west by (xxxi) Georgetown 95 Foot Reef is north by 32°45.45′ N. lat.; on the south 80°47.7′ W. long. bounded on the north by 33°11.75′ N. by 32°43.91′ N. lat.; on the east by (xix) Ft. Pierce Inshore Reef is lat.; on the south by 33°10.75′ N. lat.; on 79°33.81′ W. long.; and on the west by bounded on the north by 27°26.8′ N. the east by 78°24.10′ W. long.; and on 79°35.10′ W. long. lat.; on the south by 27°25.8′ N. lat.; on the west by 78°25.63′ W. long. (vi) Kiawah Reef is bounded on the the east by 80°09.24′ W. long.; and on (xxxii) New Georgetown 60 Foot Reef north by 32°29.78′ N. lat.; on the south the west by 80°10.36′ W. long. is bounded on the north by 33°09.25′ N. by 32°28.25′ N. lat.; on the east by (xx) Ft. Pierce Offshore Reef is lat.; on the south by 33°07.75′ N. lat.; on 79°59.00′ W. long.; and on the west by bounded by rhumb lines connecting, in the east by 78°49.95′ W. long.; and on 80°00.95′ W. long. order, the following points: the west by 78°51.45′ W. long. (vii) Edisto Offshore Reef is bounded (xxxiii) North Inlet 45 Foot Reef is on the north by 32°15.30′ N. lat.; on the Point North lat. West long. bounded on the north by 33°21.03′ N. south by 32°13.90′ N. lat.; on the east by lat.; on the south by 33°20.03′ N. lat.; on ° ′ A ...... 27°23.68′ 80°03.95′ ° ′ 79 50.25 W. long.; and on the west by ° ′ ° ′ the east by 79 00.31 W. long.; and on ° ′ B ...... 27 22.80 80 03.60 ° ′ 79 51.45 W. long. C ...... 27°23.94′ 80°00.02′ the west by 79 01.51 W. long. (viii) Hunting Island Reef is bounded D ...... 27°24.85′ 80°00.33′ (xxxiv) CJ Davidson Reef is bounded on the north by 32°13.72′ N. lat.; on the A ...... 27°23.68′ 80°03.95′ on the north by 33°06.48′ N. lat.; on the south by 32°12.30′ N. lat.; on the east by south by 33°05.48′ N. lat.; on the east by 80°19.23′ W. long.; and on the west by (xxi) Key Biscayne/Artificial Reef—H 79°00.27′ W. long.; and on the west by 80°21.00′ W. long. is bounded on the north by 25°42.82′ N. 79°01.39′ W. long. (ix) Fripp Island Reef is bounded on lat.; on the south by 25°41.32′ N. lat.; on (xxxv) Greenville Reef is bounded on the north by 32°15.92′ N. lat.; on the the east by 80°04.22′ W. long.; and on the north by 32°57.25′ N. lat.; on the south by 32°14.75′ N. lat.; on the east by the west by 80°05.53′ W. long. south by 32°56.25′ N. lat.; on the east by 80°21.62′ W. long.; and on the west by (xxii) Little River Offshore Reef is 78°54.25′ W. long.; and on the west by 80°22.90′ W. long. bounded on the north by 33°42.10′ N. 78°55.25′ W. long. (x) Betsy Ross Reef is bounded on the lat.; on the south by 33°41.10′ N. lat.; on (xxxvi) Charleston 60 Foot Reef is north by 32°03.60′ N. lat.; on the south the east by 78°26.40′ W. long.; and on bounded on the north by 32°33.60′ N. by 32°02.88′ N. lat.; on the east by the west by 78°27.10′ W. long. lat.; on the south by 32°32.60′ N. lat.; on 80°24.57′ W. long.; and on the west by (xxiii) BP–25 Reef is bounded on the the east by 79°39.70′ W. long.; and on 80°25.50′ W. long. north by 33°21.70′ N. lat.; on the south the west by 79°40.90′ W. long. (xi) Hilton Head Reef/Artificial Reef— by 33°20.70′ N. lat.; on the east by (xxxvii) Edisto 60 Foot Reef is T is bounded on the north by 32°00.71′ 78°24.80′ W. long.; and on the west by bounded on the north by 32°21.75′ N. N. lat.; on the south by 31°59.42′ N. lat.; 78°25.60′ W. long. lat.; on the south by 32°20.75′ N. lat.; on on the east by 80°35.23′ W. long.; and (xxiv) Vermilion Reef is bounded on the east by 80°04.10′ W. longitude; and on the west by 80°36.37′ W. long. the north by 32°57.80′ N. lat.; on the on the west by 80°05.70′ W. long. (xii) Artificial Reef—A is bounded on south by 32°57.30′ N. lat.; on the east by (xxxviii) Edisto 40 Foot Reef is the north by 30°57.4′ N. lat.; on the 78°39.30′ W. long.; and on the west by bounded on the north by 32°25.78′ N. south by 30°55.4′ N. lat.; on the east by 78°40.10′ W. long. lat.; on the south by 32°24.78′ N. lat.; on 81°13.9′ W. long.; and on the west by (xxv) Cape Romaine Reef is bounded the east by 80°11.24′ W. long.; and on 81°16.3′ W. long. on the north by 33°00.00′ N. lat.; on the the west by 80°12.32′ W. long. (xiii) Artificial Reef—C is bounded on south by 32°59.50′ N. lat.; on the east by (xxxix) Beaufort 45 Foot Reef is the north by 30°52.0′ N. lat.; on the 79°02.01′ W. long.; and on the west by bounded on the north by 32°07.65′ N. south by 30°50.0′ N. lat.; on the east by 79°02.62′ W. long. lat.; on the south by 32°06.65′ N. lat.; on 81°08.5′ W. long.; and on the west by (xxvi) Y–73 Reef is bounded on the the east by 80°28.80′ W. long.; and on 81°10.9′ W. long. north by 32°33.20′ N. lat.; on the south the west by 80°29.80′ W. long. (xiv) Artificial Reef—G is bounded on by 32°32.70′ N. lat.; on the east by (xl) Artificial Reef—ALT is bounded the north by 31°00.0′ N. lat.; on the 79°19.10′ W. long.; and on the west by on the north by 31°18.6′ N. lat.; on the south by 30°58.0′ N. lat.; on the east by 79°19.70′ W. long. south by 31°16.6′ N. lat.; on the east by 80°56.8′ W. long.; and on the west by (xxvii) Eagles Nest Reef is bounded on 81°07.0′ W. long.; and on the west by 80°59.2′ W. long. the north by 32°01.48′ N. lat.; on the 81°09.4′ W. long. (xv) Artificial Reef—F is bounded on south by 32°00.98′ N. lat.; on the east by (xli) Artificial Reef—CAT is bounded the north by 31°06.8′ N. lat.; on the 80°30.00′ W. long.; and on the west by on the north by 31°40.2′ N. lat.; on the south by 31°04.8′ N. lat.; on the east by 80°30.65′ W. long. south by 31°38.2′ N. lat.; on the east by

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80°56.2′ W. long.; and on the west by south by 31°20.3′ N. lat.; on the east by (xlix) Artificial Reef—SAV is bounded 80°58.6′ W. long. 79°49.8′ W. long.; and on the west by on the north by 31°55.4′ N. lat.; on the (xlii) Artificial Reef—CCA is bounded 79°51.1′ W. long. south by 31°53.4′ N. lat.; on the east by ° ′ on the north by 31 43.7 N. lat.; on the (xlvi) Artificial Reef—KBY is bounded 80°45.2′ W. long.; and on the west by ° ′ south by 31 41.7 N. lat.; on the east by on the north by 30°48.6′ N. lat.; on the 80°47.6′ W. long. 80°40.0′ W. long.; and on the west by ° ′ ° ′ south by 30 46.6 N. lat.; on the east by (l) Artificial Reef—SFC is bounded on 80 42.3 W. long. 81°15.0′ W. long.; and on the west by the north by 31°00.8′ N. lat.; on the (xliii) Artificial Reef—DRH is 81°17.4′ W. long. south by 30°59.8′ N. lat.; on the east by bounded on the north by 31°18.0′ N. ° ′ ° ′ (xlvii) Artificial Reef—KTK is 81 02.2 W. long.; and on the west by lat.; on the south by 31 16.0 N. lat.; on ° ′ 81°03.4′ W. long. the east by 80°56.6′ W. long.; and on the bounded on the north by 31 31.3 N. ° ′ lat.; on the south by 31°29.3′ N. lat.; on (li) Artificial Reef—WW is bounded west by 80 59.0 W. long. ° ′ ° ′ (xliv) Artificial Reef—DUA is the east by 80 59.1 W. long.; and on the on the north by 31 43.5 N. lat.; on the ° ′ ° ′ bounded on the north by 31°47.8′ N. west by 81 01.5 W. long. south by 31 42.2 N. lat.; on the east by ° ′ lat.; on the south by 31°45.8′ N. lat.; on (xlviii) Artificial Reef—MRY is 79 57.7 W. long.; and on the west by ° ′ the east by 80°52.1′ W. long.; and on the bounded on the north by 30°47.5′ N. 79 59.3 W. long. west by 80°54.5′ W. long. lat.; on the south by 30°45.5′ N. lat.; on (2) To determine what restrictions (xlv) Artificial Reef—DW is bounded the east by 81°05.5′ W. long.; and on the apply in the SMZs listed in paragraph on the north by 31°22.8′ N. lat.; on the west by 81°07.8′ W. long. (a)(1) of this section, follow this table:

In SMZs specified in the following paragraphs of this section These restrictions apply

(a)(1)(i) through (x), (a)(1)(xx), and (a)(1)(xxii) through (xxxix) ...... Use of a powerhead to take South Atlantic snapper-grouper is prohib- ited. 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. Harvest and possession of a South Atlantic snapper-group- er is limited to the bag-limits specified § 622.187(b). (a)(1)(i) through (xviii) and (a)(1)(xxii) through (li) ...... Fishing may only be conducted with handline, rod and reel, and spearfishing gear. (a)(1)(i) through (li) ...... Use of a sea bass pot or bottom longline is prohibited. (a)(1)(xii) through (xviii) and (a)(1)(xl) through (li) ...... Possession of South Atlantic snapper-grouper taken with a powerhead is limited to the bag limits specified in § 622.187(b). (a)(1)(xix) and (a)(1)(xx) ...... A hydraulic or electric reel that is permanently affixed to the vessel is prohibited when fishing for South Atlantic snapper-grouper. (a)(1)(xix) and (a)(1)(xxi) ...... Use of spearfishing gear is prohibited.

(b) Longline prohibited areas. A Atlantic snapper-grouper. The regarding restrictions applicable within longline may not be used to fish in the possession of a mutilated South Atlantic these MPAs for any vessel issued a EEZ for South Atlantic snapper-grouper snapper-grouper in or from the EEZ off permit under part 635 of this chapter south of 27°10′ N. lat. (due east of the South Carolina, and a powerhead is that has longline gear on board. MPAs entrance to St. Lucie Inlet, FL); or north prima facie evidence that such fish was consist of deepwater areas as follows: of 27°10′ N. lat. where the charted depth harvested by a powerhead. (A) Snowy Grouper Wreck MPA is is less than 50 fathoms (91.4 m), as (d) Sea bass pot prohibited area. A sea bounded by rhumb lines connecting, in shown on the latest edition of the largest bass pot may not be used in the South order, the following points: scale NOAA chart of the location. A Atlantic EEZ south of 28°35.1′ N. lat. person aboard a vessel with a longline (due east of the NASA Vehicle Point North lat. West long. on board that fishes on a trip in the Assembly Building, Cape Canaveral, ° ′ ° ′ South Atlantic EEZ south of 27°10′ N. FL). A sea bass pot deployed in the EEZ A ...... 33 25 77 04.75 lat., or north of 27°10′ N. lat. where the ° ′ B ...... 33°34.75′ 76°51.3′ south of 28 35.1 N. lat. may be disposed ° ′ ° ′ charted depth is less than 50 fathoms C ...... 33 25.5 76 46.5 of in any appropriate manner by the D ...... 33°15.75′ 77°00.0′ (91.4 m), is limited on that trip to the Assistant Administrator or an A ...... 33°25′ 77°04.75′ bag limit for South Atlantic snapper- authorized officer. grouper for which a bag limit is specified in § 622.187(b), and to zero for § 622.183 Area and seasonal closures. (B) Northern South Carolina MPA is bounded on the north by 32°53.5′ N. all other South Atlantic snapper- (a) Area closures—(1) Marine lat.; on the south by 32°48.5′ N. lat.; on grouper. For the purpose of this protected areas (MPAs). (i) No person the east by 78°04.75′ W. long.; and on paragraph, a vessel is considered to may fish for a South Atlantic snapper- the west by 78°16.75′ W. long. have a longline on board when a power- grouper in an MPA, and no person may operated longline hauler, a cable or possess a South Atlantic snapper- (C) Edisto MPA is bounded on the ° ′ monofilament of diameter and length grouper in an MPA. However, the north by 32 24 N. lat.; on the south by ° ′ ° ′ suitable for use in the longline fishery, prohibition on possession does not 32 18.5 N. lat.; on the east by 78 54.0 ° ′ and gangions are on board. Removal of apply to a person aboard a vessel that W. long.; and on the west by 79 06.0 W. any one of these three elements is in transit with fishing gear long. constitutes removal of a longline. appropriately stowed as specified in (D) Charleston Deep Artificial Reef (c) Powerhead prohibited area. A paragraph (a)(1)(ii) of this section. In MPA is bounded by rhumb lines powerhead may not be used in the EEZ addition to these restrictions, see connecting, in order, the following off South Carolina to harvest South § 635.21(d)(1)(iii) of this chapter points:

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Point North lat. West long. All buoys must be disconnected from from the South Atlantic EEZ and in the the gear; however, buoys may remain on South Atlantic on board a vessel for A ...... 32°04′ 79°12′ deck. which a valid Federal commercial or B ...... 32°08.5′ 79°07.5′ (2) [Reserved] charter vessel/headboat permit for C ...... 32°06′ 79°05′ (b) Seasonal closures—(1) Seasonal ° ′ ° ′ South Atlantic snapper-grouper has D ...... 32 01.5 79 09.3 closure of the recreational and been issued, without regard to where A ...... 32°04′ 79°12′ commercial fisheries for gag and such greater amberjack were harvested, associated grouper species. During (E) Georgia MPA is bounded by is limited to one per person per day or January through April each year, no one per person per trip, whichever is rhumb lines connecting, in order, the person may fish for, harvest, or possess following points: more restrictive. Such greater amberjack in or from the South Atlantic EEZ any are subject to the prohibition on sale or South Atlantic shallow-water grouper Point North lat. West long. purchase, as specified in § 622.192(g). (SASWG) (gag, black grouper, red (b) Mutton snapper spawning season. A ...... 31°43′ 79°31′ grouper, scamp, red hind, rock hind, During May and June, each year, the B ...... 31°43′ 79°21′ yellowmouth grouper, yellowfin possession of mutton snapper in or from C ...... 31°34′ 79°29′ grouper, graysby, and coney). In the EEZ on board a vessel that has a D ...... 31°34′ 79°39′ addition, for a person on board a vessel ° ′ ° ′ commercial permit for South Atlantic A ...... 31 43 79 31 for which a valid Federal commercial or snapper-grouper is limited to 10 per charter vessel/headboat permit for person per day or 10 per person per trip, (F) North Florida MPA is bounded on South Atlantic snapper-grouper has ° ′ whichever is more restrictive. the north by 30 29 N. lat.; on the south been issued, the provisions of this ° ′ ° ′ (c) Red porgy. During January, by 30 19 N. lat.; on the east by 80 02 closure apply in the South Atlantic, ° ′ February, March, and April, the harvest W. long.; and on the west by 80 14 W. regardless of where such fish are long. or possession of red porgy in or from the harvested, i.e., in state or Federal South Atlantic EEZ is limited to three (G) St. Lucie Hump MPA is bounded waters. ° ′ per person per day or three per person on the north by 27 08 N. lat.; on the (2) Wreckfish spawning-season ° ′ per trip, whichever is more restrictive. south by 27 04 N. lat.; on the east by closure. From January 15 through April ° ′ In addition, this limitation is applicable 79 58 W. long.; and on the west by 15, each year, no person may harvest or ° ′ in the South Atlantic on board a vessel 80 00 W. long. possess on a fishing vessel wreckfish in (H) East Hump MPA is bounded by for which a valid Federal commercial or or from the EEZ; offload wreckfish from charter vessel/headboat permit for rhumb lines connecting, in order, the the EEZ; or sell or purchase wreckfish following points: South Atlantic snapper-grouper has in or from the EEZ. The prohibition on been issued without regard to where sale or purchase of wreckfish does not Point North lat. West long. such red porgy were harvested. Such apply to trade in wreckfish that were red porgy are subject to the prohibition A ...... 24°36.5′ 80°45.5′ harvested, offloaded, and sold or on sale or purchase, as specified in B ...... 24°32′ 80°36′ purchased prior to January 15 and were § 622.192(f). C ...... 24°27.5′ 80°38.5′ held in cold storage by a dealer or D ...... 24°32.5′ 80°48′ processor. § 622.185 Size limits. ° ′ ° ′ A ...... 24 36.5 80 45.5 (3) Wreckfish recreational sector All size limits in this section are closures. The recreational sector for minimum size limits unless specified (ii) For the purpose of paragraph wreckfish in or from the South Atlantic otherwise. A fish not in compliance (a)(1)(i) of this section, transit means EEZ is closed from January 1 through with its size limit, as specified in this direct, non-stop progression through the June 30, and September 1 through section, in or from the South Atlantic MPA. Fishing gear appropriately stowed December 31, each year. During a EEZ, may not be possessed, sold, or means— closure, the bag and possession limit for purchased. A fish not in compliance (A) A longline may be left on the wreckfish in or from the South Atlantic drum if all gangions and hooks are with its size limit must be released EEZ is zero. immediately with a minimum of harm. disconnected and stowed below deck. (4) Seasonal closure of the The operator of a vessel that fishes in Hooks cannot be baited. All buoys must recreational fishery for vermilion the EEZ is responsible for ensuring that be disconnected from the gear; however, snapper. The recreational fishery for fish on board are in compliance with the buoys may remain on deck. vermilion snapper in or from the South size limits specified in this section. (B) A trawl or try net may remain on Atlantic EEZ is closed from November (a) Snapper—(1) Red snapper—20 deck, but trawl doors must be 1 through March 31, each year. In inches (50.8 cm), TL, however, see disconnected from such net and must be addition, for a person on board a vessel § 622.181(b)(2) for the current secured. for which a valid Federal charter vessel/ prohibition on the harvest and (C) A gillnet, stab net, or trammel net headboat permit for South Atlantic possession of red snapper. must be left on the drum. Any snapper-grouper has been issued, this (2) Vermilion snapper—12 inches additional such nets not attached to the closure applies in the South Atlantic, (30.5 cm), TL. drum must be stowed below deck. regardless of where the fish are (D) Terminal gear (i.e., hook, leader, harvested, i.e., in state or Federal (3) Blackfin, cubera, dog, gray, sinker, flasher, or bait) used with an waters. During the closure, the bag and mahogany, queen, silk, and yellowtail automatic reel, bandit gear, buoy gear, possession limit for vermilion snapper snappers—12 inches (30.5 cm), TL. handline, or rod and reel must be in or from the South Atlantic EEZ is (4) Mutton snapper—16 inches (40.6 disconnected and stowed separately zero. cm), TL. from such fishing gear. A rod and reel (5) Lane snapper—8 inches (20.3 cm), must be removed from the rod holder § 622.184 Seasonal harvest limitations. TL. and stowed securely on or below deck. (a) Greater amberjack spawning (b) Grouper—(1) Red, yellowfin, and (E) A crustacean trap, golden crab season. During April, each year, the yellowmouth grouper; and scamp—20 trap, or sea bass pot cannot be baited. possession of greater amberjack in or inches (50.8 cm), TL.

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(2) Black grouper and gag—24 inches (2) A person aboard a vessel for which which a bag limit is specified in this (61.0 cm), TL. a commercial permit for South Atlantic paragraph (b), and to zero for all other (c) Other snapper-grouper species— snapper-grouper has been issued must South Atlantic snapper-grouper. For the (1) Black sea bass. comply with the bag limits specified in purposes of this paragraph (b)(11), a (i) For a fish taken by a person subject paragraph (b)(1) of this section for South vessel is considered to have a longline to the bag limit specified in Atlantic snapper-grouper taken with a on board when a power-operated § 622.187(b)(7)—13 inches (33 cm), TL. powerhead, regardless of where taken, longline hauler, a cable or monofilament (ii) For a fish taken by a person not when such snapper-grouper are of diameter and length suitable for use subject to the bag limit specified in possessed in an SMZ specified in in the longline fishery, and gangions are § 622.187(b)(7)—11 inches (28 cm), TL. § 622.182(a)(1)(xii) through (a)(1)(xviii) on board. Removal of any one of these (2) Gray triggerfish in the South or (a)(1)(xl) through (a)(1)(li). elements constitutes removal of a Atlantic EEZ off Florida—12 inches (b) Bag limits—(1) Greater longline. (30.5 cm), TL. amberjack—1. (c) Possession limits. (1) Provided (3) Hogfish—12 inches (30.5 cm), fork (2) Grouper and tilefish, combined— length. each passenger is issued and has in 3. However, no grouper or tilefish may possession a receipt issued on behalf of (4) Red porgy—14 inches (35.6 cm), be retained by the captain or crew of a TL. the vessel that verifies the duration of vessel operating as a charter vessel or (5) Greater amberjack—28 inches the trip— headboat. The bag limit for such captain (71.1 cm), fork length, for a fish taken (i) A person aboard a charter vessel or by a person subject to the bag limit and crew is zero. In addition, within the headboat on a trip that spans more than specified in § 622.187(b)(1) and 36 3-fish aggregate bag limit: 24 hours may possess no more than two (i) No more than one fish may be gag inches (91.4 cm), fork length, for a fish daily bag limits of species other than red or black grouper, combined; taken by a person not subject to the bag porgy. (ii) No more than one fish per vessel limit. (ii) A person aboard a headboat on a may be a snowy grouper; trip that spans more than 48 hours and (iii) No more than one fish may be a § 622.186 Landing fish intact. who can document that fishing was golden tilefish; and (a) South Atlantic snapper-grouper in conducted on at least 3 days may (iv) No goliath grouper or Nassau or from the South Atlantic EEZ must be possess no more than three daily bag grouper may be retained. maintained with head and fins intact, limits of species other than red porgy. except as specified in paragraph (b) of (3) Hogfish in the South Atlantic off Florida—5. (2) A person aboard a vessel may not this section. Such fish may be possess red porgy in or from the EEZ in eviscerated, gilled, and scaled, but must (4) Snappers, combined—10. However, excluded from this 10-fish bag excess of three per day or three per trip, otherwise be maintained in a whole whichever is more restrictive. condition. The operator of a vessel that limit are cubera snapper, measuring 30 fishes in the EEZ is responsible for inches (76.2 cm), TL, or larger, in the § 622.188 Required gear, authorized gear, ensuring that fish on that vessel in the South Atlantic off Florida, and red and unauthorized gear. snapper and vermilion snapper. (See EEZ are maintained intact and, if taken (a) Required gear. For a person on § 622.181(b)(2) for the prohibition on from the EEZ, are maintained intact board a vessel to harvest or possess harvest and possession of red snapper through offloading ashore, as specified South Atlantic snapper-grouper in or and § 622.181(c)(1) for limitations on in this section. from the South Atlantic EEZ, the vessel cubera snapper measuring 30 inches (b) In the South Atlantic EEZ, must possess on board and such person (76.2 cm), TL, or larger, in or from the snapper-grouper lawfully harvested in must use the gear as specified in South Atlantic EEZ off Florida.) Bahamian waters are exempt from the paragraphs (a)(1) and (a)(2) of this (5) Vermilion snapper—5. However, requirement that they be maintained section. no vermilion snapper may be retained with head and fins intact, provided (1) Dehooking device. At least one valid Bahamian fishing and cruising by the captain or crew of a vessel operating as a charter vessel or dehooking device is required and must permits are on board the vessel and the be used as needed to remove hooks vessel is in transit through the South headboat. The bag limit for such captain and crew is zero. embedded in South Atlantic snapper- Atlantic EEZ. For the purpose of this grouper with minimum damage. The paragraph, a vessel is in transit through (6) Red porgy—3. (7) Black sea bass—5. hook removal device must be the South Atlantic EEZ when it is on a constructed to allow the hook to be direct and continuous course through (8) South Atlantic snapper-grouper, combined—20. However, excluded from secured and the barb shielded without the South Atlantic EEZ and no one re-engaging during the removal process. aboard the vessel fishes in the EEZ. this 20-fish bag limit are tomtate, blue runner, ecosystem component species The dehooking end must be blunt, and § 622.187 Bag and possession limits. (specified in Table 4 of Appendix A to all edges rounded. The device must be (a) Additional applicability provisions part 622), and those specified in of a size appropriate to secure the range for South Atlantic snapper-grouper. paragraphs (b)(1) through (7) and of hook sizes and styles used in the Section 622.11(a) provides the general paragraphs (b)(9) and (10) of this South Atlantic snapper-grouper fishery. applicability for bag and possession section. (2) Non-stainless steel circle hooks. limits. However, § 622.11(a) (9) No red snapper may be retained. Non-stainless steel circle hooks are notwithstanding: (10) No more than one fish per vessel required to be used when fishing with (1) The bag and other limits specified may be a wreckfish. hook-and-line gear and natural baits in § 622.182(b) apply for South Atlantic (11) Longline bag limits. Other north of 28° N. lat. snapper-grouper in or from the EEZ to provisions of this paragraph (b) (b) Authorized gear. Subject to the a person aboard a vessel for which a notwithstanding, a person on a trip gear restrictions specified in § 622.180, commercial permit for South Atlantic aboard a vessel for which the bag limits the following are the only gear types snapper-grouper has been issued that apply that has a longline on board is authorized in a directed fishery for has on board a longline in the longline limited on that trip to the bag limit for snapper-grouper in the South Atlantic closed area. South Atlantic snapper-grouper for EEZ: Bandit gear, bottom longline, buoy

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gear, handline, rod and reel, sea bass is a gillnet not exceeding 50 ft (15.2 m) Assembly Building, Cape Canaveral, FL) pot, and spearfishing gear. in length or 10 ft (3.1 m) in height with is required to have— (c) Unauthorized gear. All gear types stretched mesh measurements of 1.5 (i) On at least one side, excluding top other than those specified in paragraph inches (3.8 cm) or smaller that is and bottom, a panel or door with an (b) of this section are unauthorized gear attached to the vessel when deployed. opening equal to or larger than the and the following possession and (f) Possession allowance regarding interior end of the trap’s throat (funnel). transfer limitations apply. cast nets. A vessel that has on board a The hinges and fasteners of each panel (1) A vessel with trawl gear on board commercial permit for South Atlantic or door must be made of one of the that fishes in the EEZ on a trip may snapper-grouper, excluding wreckfish, following degradable materials: possess no more than 200 lb (90.7 kg) that fishes in the South Atlantic EEZ (A) Ungalvanized or uncoated iron of South Atlantic snapper-grouper, with a cast net on board, may retain, wire with a diameter not exceeding excluding wreckfish, in or from the EEZ without regard to the limits specified in 0.041 inches (1.0 mm), that is, 19 gauge on that trip. It is a rebuttable paragraph (c)(2) of this section, wire. presumption that a vessel with more otherwise legal South Atlantic snapper- (B) Galvanic timed-release than 200 lb (90.7 kg) of South Atlantic grouper taken with bandit gear, buoy mechanisms with a letter grade designation (degradability index) no snapper-grouper, excluding wreckfish, gear, handline, rod and reel, or sea bass higher than J. on board harvested such fish in the EEZ. pot. For the purpose of this paragraph (ii) An unobstructed escape vent (2) Except as specified in paragraphs (f), a cast net is a cone-shaped net (d) through (f) of this section, a person opening on at least two opposite vertical thrown by hand and designed to spread sides, excluding top and bottom. The aboard a vessel with unauthorized gear out and capture fish as the weighted on board, other than trawl gear, that minimum dimensions of an escape vent circumference sinks to the bottom and opening (based on inside measurement) fishes in the EEZ on a trip is limited on comes together when pulled by a line. that trip to: are: (g) Longline species limitation. A 1 3 (i) South Atlantic snapper-grouper (A) 1 ⁄8 by 5 ⁄4 inches (2.9 by 14.6 cm) species for which a bag limit is specified vessel that has on board a valid Federal for a rectangular vent. in § 622.187—the bag limit. commercial permit for South Atlantic (B) 1.75 by 1.75 inches (4.5 by 4.5 cm) (ii) All other South Atlantic snapper- snapper-grouper, excluding wreckfish, for a square vent. grouper—zero. that fishes in the EEZ on a trip with a (C) 2.0-inch (5.1-cm) diameter for a (3) South Atlantic snapper-grouper on longline on board, may possess only the round vent. board a vessel with unauthorized gear following South Atlantic snapper- (2) [Reserved] on board may not be transferred at sea, grouper: Snowy grouper, warsaw (d) Construction requirements and regardless of where such transfer takes grouper, yellowedge grouper, misty mesh sizes. (1) A sea bass pot used or place, and such snapper-grouper may grouper, golden tilefish, blueline possessed in the South Atlantic EEZ not be transferred in the EEZ. tilefish, and sand tilefish. For the must have mesh sizes as follows (based (4) No vessel may receive at sea any purpose of this paragraph, a vessel is on centerline measurements between South Atlantic snapper-grouper from a considered to have a longline on board opposite, parallel wires or netting vessel with unauthorized gear on board, when a power-operated longline hauler, strands): as specified in paragraph (c)(3) of this a cable of diameter suitable for use in (i) For sides of the pot other than the section. the longline fishery on any reel, and back panel: (d) Possession allowance regarding gangions are on board. Removal of any (A) Hexagonal mesh (chicken wire)— sink nets off North Carolina. A vessel one of these three elements constitutes at least 1.5 inches (3.8 cm) between the wrapped sides; that has on board a commercial permit removal of a longline. (B) Square mesh—at least 1.5 inches for South Atlantic snapper-grouper, § 622.189 Restrictions and requirements (3.8 cm) between sides; or excluding wreckfish, that fishes in the for sea bass pots. (C) Rectangular mesh—at least 1 inch EEZ off North Carolina with a sink net (a) Tending restriction. A sea bass pot (2.5 cm) between the longer sides and 2 on board, may retain, without regard to inches (5.1 cm) between the shorter the limits specified in paragraph (c)(2) in the South Atlantic EEZ may be pulled or tended only by a person (other than sides. of this section, otherwise legal South (ii) For the entire back panel, i.e., the an authorized officer) aboard the vessel Atlantic snapper-grouper taken with side of the pot opposite the side that permitted to fish such pot or aboard bandit gear, buoy gear, handline, rod contains the pot entrance, mesh that is another vessel if such vessel has on and reel, or sea bass pot. For the at least 2 inches (5.1 cm) between sides. purpose of this paragraph (d), a sink net board written consent of the owner or (2) [Reserved] is a gillnet with stretched mesh operator of the vessel so permitted. (e) Requirements for pot removal. (1) measurements of 3 to 4.75 inches (7.6 to (b) Configuration restriction. In the A sea bass pot must be removed from 12.1 cm) that is attached to the vessel South Atlantic EEZ, sea bass pots may the water in the South Atlantic EEZ and when deployed. not be used or possessed in multiple the vessel must be returned to a dock, (e) Possession allowance regarding configurations, that is, two or more pots berth, beach, seawall, or ramp at the bait nets. A vessel that has on board a may not be attached one to another so conclusion of each trip. Sea bass pots commercial permit for South Atlantic that their overall dimensions exceed may remain on the vessel at the snapper-grouper, excluding wreckfish, those allowed for an individual sea bass conclusion of each trip. that fishes in the South Atlantic EEZ pot. This does not preclude connecting (2) A sea bass pot must be removed with no more than one bait net on individual pots to a line, such as a from the water in the South Atlantic board, may retain, without regard to the ‘‘trawl’’ or trot line. EEZ when the applicable quota limits specified in paragraph (c)(2) of (c) Requirement for escape specified in § 622.190(a)(5) is reached. this section, otherwise legal South mechanisms. (1) A sea bass pot that is After a closure is in effect, a black sea Atlantic snapper-grouper taken with used or possessed in the South Atlantic bass may not be retained by a vessel that bandit gear, buoy gear, handline, rod EEZ between 35°15.19′ N. lat. (due east has a sea bass pot on board. and reel, or sea bass pot. For the of Cape Hatteras Light, NC) and 28°35.1′ (f) Restriction on number of pots. A purpose of this paragraph (e), a bait net N. lat. (due east of the NASA Vehicle vessel that has on board a valid Federal

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commercial permit for South Atlantic sea bass, red porgy, and wreckfish. (i) reached—300 lb (136 kg). However, if 75 snapper-grouper and a South Atlantic The appropriate bag limits specified in percent of the fishing year quota has not black sea bass pot endorsement that § 622.187(b) and the possession limits been taken on or before September 1, fishes in the South Atlantic EEZ on a specified in § 622.187(c) apply to all the trip limit will not be reduced. The trip with black sea bass pots, may harvest or possession of the applicable Assistant Administrator, by filing a possess only 35 black sea bass pots per species in or from the South Atlantic notification of trip limit change with the vessel per permit year. Each black sea EEZ, and the sale or purchase of the Office of the Federal Register, will effect bass pot in the water or onboard a vessel applicable species taken from or a trip limit change specified in this in the South Atlantic EEZ, must have a possessed in the EEZ is prohibited. The paragraph (a)(2)(ii), when the applicable valid identification tag attached. prohibition on sale/purchase during a conditions have been taken. Endorsement holders must apply for closure for the applicable species does (iii) See § 622.190(c)(1) for the new tags each permit year through not apply to fish that were harvested, limitations regarding golden tilefish NMFS to replace tags from the previous landed ashore, and sold prior to the after the fishing year quota is reached. year. effective date of the closure and were (3) Snowy grouper. Until the quota held in cold storage by a dealer or specified in § 622.190(a)(1) is reached— § 622.190 Quotas. processor. 100 lb (45 kg). See § 622.190(c)(1) for the See § 622.8 for general provisions (ii) The bag and possession limits for limitations regarding snowy grouper regarding quota applicability and the applicable species and the after the fishing year quota is reached. closure and reopening procedures. This prohibition on sale/purchase apply in (4) Red porgy. (i) From May 1 through section provides quotas and specific the South Atlantic on board a vessel for December 31—120 fish. quota closure restrictions for South which a valid Federal commercial or (ii) From January 1 through April 30, Atlantic snapper-grouper. charter vessel/headboat permit for the seasonal harvest limit specified in (a) South Atlantic snapper-grouper, South Atlantic snapper-grouper has § 622.184(c) applies. excluding wreckfish. The quotas apply been issued, without regard to where (iii) See § 622.190(c)(1) for the to persons who are not subject to the bag such species were harvested, i.e., in limitations regarding red porgy after the limits. (See § 622.11 for applicability of state or Federal waters. fishing year quota is reached. the bag limits.) The quotas are in gutted (iii) For gag, when the appropriate (5) Greater amberjack. Until the quota weight, that is, eviscerated but commercial quota is reached, the specified in § 622.190(a)(3) is reached, otherwise whole. provisions of paragraphs (c)(1)(i) and (ii) 1,200 lb (544 kg). See § 622.190(c)(1) for (1) Snowy grouper—82,900 lb (37,603 of this section apply to gag and all other the limitations regarding greater kg). SASWG. amberjack after the quota is reached. (2) Golden tilefish—541,295 lb (2) [Reserved] (6) Vermilion snapper. Until either (245,527 kg). quota specified in § 622.190(a)(4)(i) or (3) Greater amberjack—769,388 lb § 622.191 Commercial trip limits. (ii) is reached, 1,500 lb (680 kg). See (348,989 kg). Commercial trip limits are limits on § 622.190(c)(1) for the limitations (4) Vermilion snapper. (i) For the the amount of the applicable species regarding vermilion snapper after either period January through June each year— that may be possessed on board or quota is reached. 315,523 lb (143,119 kg). landed, purchased, or sold from a vessel (7) Gag. Until the quota specified in (ii) For the period July through per day. A person who fishes in the EEZ § 622.190(a)(7) is reached, 1,000 lb (454 December each year—302,523 lb may not combine a trip limit specified kg). See § 622.190(c)(1) for the (137,222 kg). in this section with any trip or limitations regarding gag after the quota (iii) Any unused portion of the quota possession limit applicable to state is reached. specified in paragraph (a)(4)(i) of this waters. A species subject to a trip limit (8) Black sea bass. Until the section will be added to the quota specified in this section taken in the applicable quota specified in specified in paragraph (a)(4)(ii) of this EEZ may not be transferred at sea, § 622.190(a)(5) is reached, 1,000 lb (454 section. Any unused portion of the regardless of where such transfer takes kg), gutted weight; 1,180 lb (535 kg), quota specified in paragraph (a)(4)(ii) of place, and such species may not be round weight. See § 622.190(c)(1) for the this section, including any addition of transferred in the EEZ. Commercial trip limitations regarding black sea bass after quota specified in paragraph (a)(4)(i) of limits apply as follows (all weights are the applicable quota is reached. this section that was unused, will round or eviscerated weights unless (b) [Reserved] become void and will not be added to specified otherwise): any subsequent quota. (a) When a vessel fishes on a trip in § 622.192 Restrictions on sale/purchase. (5) Black sea bass—309,000 lb the South Atlantic EEZ, the vessel trip The restrictions in this section are in (140,160 kg), gutted weight; 364,620 lb limits specified in this paragraph (a) addition to the restrictions on sale/ (165,389 kg), round weight. apply, provided persons aboard the purchase related to quota closures as (6) Red porgy—190,050 lb (86,205 kg). vessel are not subject to the bag limits. specified in § 622.190(c). (7) Gag—352,940 lb (160,091 kg). See § 622.11 and § 622.187(a) for (a) A South Atlantic snapper-grouper (b) Wreckfish. The quota for wreckfish applicability of the bag limits. harvested or possessed in the EEZ on applies to wreckfish shareholders, or (1) Trip-limited permits. A vessel for board a vessel that does not have a valid their employees, contractors, or agents, which a trip-limited permit for South commercial permit for South Atlantic and is 223,250 lb (101,264 kg), round Atlantic snapper-grouper has been snapper-grouper, as required under weight. See § 622.172 for information on issued is limited to 225 lb (102.1 kg) of § 622.170(a), or a South Atlantic the wreckfish shareholder under the snapper-grouper. snapper-grouper harvested in the EEZ ITQ system. (2) Golden tilefish. (i) Until 75 percent and possessed under the bag limits (c) Restrictions applicable after a of the fishing year quota specified in specified in § 622.187(b), may not be commercial quota closure—(1) South § 622.190(a)(2) is reached—4,000 lb sold or purchased. In addition, a South Atlantic gag, black grouper, red grouper, (1,814 kg). Atlantic snapper-grouper harvested or greater amberjack, snowy grouper, (ii) After 75 percent of the fishing year possessed by a vessel that is operating golden tilefish, vermilion snapper, black quota specified in § 622.190(a)(2) is as a charter vessel or headboat with a

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Federal charter vessel/headboat permit The prohibition on sale/purchase during § 622.193 Annual catch limits (ACLs), for South Atlantic snapper-grouper may April does not apply to greater annual catch targets (ACTs), and not be sold or purchased regardless of amberjack that were harvested, landed accountability measures (AMs). where harvested, i.e., in state or Federal ashore, and sold prior to April 1 and (a) Golden tilefish—(1) Commercial waters. were held in cold storage by a dealer or sector. If commercial landings, as (b) A person may sell South Atlantic processor. This prohibition also does estimated by the SRD, reach or are snapper-grouper harvested in the EEZ not apply to a dealer’s purchase or sale projected to reach the commercial ACL only to a dealer who has a valid permit of greater amberjack harvested from an (commercial quota) specified in for South Atlantic snapper-grouper, as area other than the South Atlantic, § 622.190(a)(2), the AA will file a required under § 622.170(c). provided such fish is accompanied by notification with the Office of the (c) A person may purchase South documentation of harvest outside the Federal Register to close the commercial Atlantic snapper-grouper harvested in South Atlantic. The requirements for sector for the remainder of the fishing the EEZ only from a vessel that has a such documentation are specified in year. valid commercial permit for South paragraph (i) of this section. (2) Recreational sector. If recreational Atlantic snapper-grouper, as required (h) During January through April, no landings for golden tilefish, as estimated under § 622.170(a). person may sell or purchase a gag, black by the SRD, reach or are projected to (d) A warsaw grouper or speckled grouper, red grouper, scamp, red hind, reach the recreational ACL of 3,019 fish, hind in or from the South Atlantic EEZ rock hind, yellowmouth grouper, the AA will file a notification with the may not be sold or purchased. yellowfin grouper, graysby, or coney Office of the Federal Register to close (e) No person may sell or purchase a the recreational sector for the remainder harvested from or possessed in the snowy grouper, gag, golden tilefish, of the fishing year. If recreational South Atlantic EEZ or, if harvested or greater amberjack, vermilion snapper, landings for golden tilefish, as estimated possessed by a vessel for which a valid black sea bass, or red porgy harvested by the SRD, exceed the recreational Federal commercial permit for South from or possessed in the South Atlantic, ACL, then during the following fishing Atlantic snapper-grouper has been i.e., in state or Federal waters, by a year, recreational landings will be issued, harvested from the South vessel for which a valid Federal monitored for a persistence in increased Atlantic, i.e., in state or Federal waters. commercial permit for South Atlantic landings and, if necessary, the AA will The prohibition on sale/purchase during snapper-grouper has been issued for the file a notification with the Office of the January through April does not apply to remainder of the fishing year after the Federal Register, to reduce the length of applicable commercial quota for that such species that were harvested, the following recreational fishing season species specified in § 622.190(a) has landed ashore, and sold prior to January by the amount necessary to ensure been reached. The prohibition on sale/ 1 and were held in cold storage by a recreational landings do not exceed the purchase during these periods does not dealer or processor. This prohibition recreational ACL in the following apply to such of the applicable species also does not apply to a dealer’s fishing year. that were harvested, landed ashore, and purchase or sale of such species (b) Snowy grouper—(1) Commercial sold prior to the applicable commercial harvested from an area other than the fishery. If commercial landings, as quota being reached and were held in South Atlantic, provided such fish is estimated by the SRD, reach or are cold storage by a dealer or processor. accompanied by documentation of projected to reach the quota specified in (f) During January, February, March, harvest outside the South Atlantic. The § 622.190(a)(1), the AA will file a and April, no person may sell or requirements for such documentation notification with the Office of the purchase a red porgy harvested from the are specified in paragraph (i) of this Federal Register to close the commercial South Atlantic EEZ or, if harvested by section. fishery for the remainder of the fishing a vessel for which a valid Federal (i) The documentation supporting a year. commercial permit for South Atlantic dealer’s purchase or sale of applicable (2) Recreational fishery. If recreational snapper-grouper has been issued, species during the times specified in landings, as estimated by the SRD, harvested from the South Atlantic, i.e., paragraphs (f) through (h) of this section exceed the recreational ACL of 523 fish, in state or Federal waters. The must contain: the AA will file a notification with the prohibition on sale/purchase during (1) The information specified in part Office of the Federal Register, at or near January through April does not apply to 300, subpart K, of this title for marking the beginning of the following fishing red porgy that were harvested, landed containers or packages of fish or wildlife year, to reduce the length of the ashore, and sold prior to January 1 and that are imported, exported, or following recreational fishing season by were held in cold storage by a dealer or transported in interstate commerce; the amount necessary to ensure processor. This prohibition also does (2) The official number, name, and recreational landings do not exceed the not apply to a dealer’s purchase or sale home port of the vessel harvesting the recreational ACL in the following of red porgy harvested from an area applicable species; fishing year. Recreational landings will other than the South Atlantic, provided (3) The port and date of offloading be evaluated relative to the ACL as such fish is accompanied by from the vessel harvesting the follows. For 2012 and subsequent documentation of harvest outside the applicable species; and fishing years, the most recent 3-year South Atlantic. The requirements for (4) A statement signed by the dealer running average recreational landings such documentation are specified in attesting that the applicable species was will be compared to the ACL. paragraph (i) of this section. harvested from an area other than the (c) Gag—(1) Commercial fishery. If (g) During April, no person may sell South Atlantic. commercial landings, as estimated by or purchase a greater amberjack (j) No person may sell or purchase a the SRD, reach or are projected to reach harvested from the South Atlantic EEZ red snapper harvested from or possessed the quota specified in § 622.190(a)(7), or, if harvested by a vessel for which a in the South Atlantic, i.e., state or the AA will file a notification with the valid Federal commercial permit for Federal waters, by a vessel for which a Office of the Federal Register to close South Atlantic snapper-grouper has Federal commercial permit for South the commercial fishery for gag and all been issued, harvested from the South Atlantic snapper-grouper has been other SASWG for the remainder of the Atlantic, i.e., in state or Federal waters. issued. fishing year.

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(2) Recreational fishery. (i) If 2013, and 343,200 lb (155,673 kg) for Office of the Federal Register, at or near recreational landings, as estimated by 2014 and subsequent fishing years. the beginning of the following fishing the SRD, reach or are projected to reach (2) Recreational sector. (i) If year to reduce the ACL for that the recreational ACL of 340,060 lb recreational landings for red grouper, as following year by the amount of the (154,249 kg), gutted weight, and gag are estimated by the SRD, are projected to overage in the prior fishing year, unless overfished, based on the most recent reach the applicable ACL in paragraph the SRD determines that no overage is Status of U.S. Fisheries Report to (d)(2)(iii) of this section, the AA will file necessary based on the best scientific Congress, the AA will file a notification a notification with the Office of the information available. with the Office of the Federal Register Federal Register to close the recreational (2) Recreational sector. (i) If to close the gag recreational fishery for sector for the remainder of the fishing recreational landings for black sea bass, the remainder of the fishing year. On year. On and after the effective date of as estimated by the SRD, are projected and after the effective date of such such a notification, the bag and to reach the recreational ACL of 409,000 notification, the bag and possession possession limit is zero. This bag and lb (185,519 kg), gutted weight; 482,620 limit for gag in or from the South possession limit applies in the South lb (218,913 kg), round weight; the AA Atlantic EEZ is zero. This bag and Atlantic on board a vessel for which a will file a notification with the Office of possession limit also applies in the valid Federal charter vessel/headboat the Federal Register to close the South Atlantic on board a vessel for permit for South Atlantic snapper- recreational sector for the remainder of which a valid Federal charter vessel/ grouper has been issued, without regard the fishing year. On and after the headboat permit for South Atlantic to where such species were harvested, effective date of such a notification, the snapper-grouper has been issued, i.e. in state or Federal waters. bag and possession limit is zero. This without regard to where such species (ii) If recreational landings for red bag and possession limit applies in the were harvested, i.e., in state or Federal grouper, as estimated by the SRD, South Atlantic on board a vessel for waters. exceed the applicable ACL, the AA will which a valid Federal charter vessel/ (ii) Without regard to overfished file a notification with the Office of the headboat permit for South Atlantic status, if gag recreational landings Federal Register, to reduce the snapper-grouper has been issued, exceed the ACL, the AA will file a recreational ACL the following fishing without regard to where such species notification with the Office of the year by the amount of the overage in the were harvested, i.e. in state or Federal Federal Register, at or near the prior fishing. waters. beginning of the following fishing year, (iii) The applicable recreational ACLs, (ii) If recreational landings for black to reduce the ACL for that fishing year in round weight, are 362,320 lb (164,346 sea bass, as estimated by the SRD, by the amount of the overage. kg) for 2012, 402,080 lb (182,380 kg) for exceed the ACL, the AA will file a (iii) Recreational landings will be 2013, and 436,800 lb (198,129 kg) for notification with the Office of the evaluated relative to the ACL as follows. 2014 and subsequent fishing years. Federal Register, to reduce the For 2012 and subsequent fishing years, (3) Without regard to overfished recreational ACL the following fishing the most recent 3-year running average status, if the combined commercial and year by the amount of the overage in the recreational landings will be compared recreational sector ACL (total ACL), as prior fishing year, unless the SRD to the ACL. estimated by the SRD, is exceeded in a determines that no overage is necessary (d) Red grouper—(1) Commercial fishing year, then during the following based on the best scientific information sector. (i) If commercial landings for red fishing year, an automatic increase will available. grouper, as estimated by the SRD, reach not be applied to the commercial and (f) Vermilion snapper—(1) or are projected to reach the applicable recreational sector ACLs. The SRD will Commercial fishery. If commercial ACL in paragraph (d)(1)(iii) of this evaluate the landings data to determine landings, as estimated by the SRD, reach section, the AA will file a notification whether or not an increase in the or are projected to reach a quota with the Office of the Federal Register respective sector ACLs will be applied. specified in § 622.190(a)(4)(i) or (ii), the to close the commercial sector for the The applicable combined commercial AA will file a notification with the remainder of the fishing year. On and and recreational sector ACLs, in round Office of the Federal Register to close after the effective date of such a weight are 647,000 lb (293,474 kg) for the commercial fishery for that portion notification, all sale or purchase of red 2012, 718,000 lb (325,679 kg) for 2013, of the fishing year applicable to the grouper is prohibited and harvest or and 780,000 lb (353,802 kg) for 2014 respective quota. possession of this species in or from the and subsequent fishing years. (2) Recreational fishery. (i) If South Atlantic EEZ is limited to the bag (i) Following an overage of the total recreational landings, as estimated by and possession limit. This bag and ACL, if there is no overage the following the SRD, reach or are projected to reach possession limit applies in the South fishing year, the SRD will evaluate the the recreational ACL of 307,315 lb Atlantic on board a vessel for which a landings data to determine whether or (139,396 kg), gutted weight, and valid Federal charter vessel/headboat not an increase in the respective sector vermilion snapper are overfished, based permit for South Atlantic snapper- ACLs will be applied. on the most recent Status of U.S. grouper has been issued, without regard (ii) [Reserved] Fisheries Report to Congress, the AA to where such species were harvested, (e) Black sea bass—(1) Commercial will file a notification with the Office of i.e. in state or Federal waters. sector. (i) If commercial landings, as the Federal Register to close the (ii) If commercial landings exceed the estimated by the SRD, reach or are recreational fishery for vermilion ACL, the AA will file a notification with projected to reach the quota specified in snapper for the remainder of the fishing the Office of the Federal Register, at or § 622.190(a)(5), the AA will file a year. On and after the effective date of near the beginning of the following notification with the Office of the such notification, the bag and fishing year to reduce the ACL for that Federal Register to close the commercial possession limit of vermilion snapper in following year by the amount of the sector for the remainder of the fishing or from the South Atlantic EEZ is zero. overage in the prior fishing year. year. This bag and possession limit also (iii) The applicable commercial ACLs, (ii) If commercial landings exceed the applies in the South Atlantic on board in round weight, are 284,680 lb (129,129 quota specified in § 622.190(a)(5), the a vessel for which a valid Federal kg) for 2012, 315,920 lb (143,299 kg) for AA will file a notification with the charter vessel/headboat permit for

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South Atlantic snapper-grouper has fishing year. However, the length of the (2) Recreational sector. If recreational been issued, without regard to where recreational season will also not be landings for the deep-water complex, as such species were harvested, i.e., in reduced during the following fishing estimated by the SRD, exceed the state or Federal waters. year if the RA determines, using the best recreational ACL of 332,039 lb (150,610 (ii) Without regard to overfished scientific information available, that a kg), round weight, then during the status, if vermilion snapper recreational reduction in the length of the following following fishing year, recreational landings exceed the ACL, the AA will fishing season is unnecessary. The landings will be monitored for a file a notification with the Office of the applicable recreational ACLs, in round persistence in increased landings and, if Federal Register, at or near the weight, are 155,020 lb (70,316 kg) for necessary, the AA will file a notification beginning of the following fishing year, 2012, 161,859 lb (73,418 kg) for 2013, with the Office of the Federal Register, to reduce the ACL for that fishing year and 165,750 lb (75,183 kg) for 2014 and to reduce the length of the following by the amount of the overage. subsequent fishing years. recreational fishing season by the (iii) Recreational landings will be (3) Without regard to overfished amount necessary to ensure recreational evaluated relative to the ACL as follows. status, if the combined commercial and landings do not exceed the recreational For 2012 and subsequent fishing years, recreational sector ACLs, as estimated ACL in the following fishing year. the most recent 3-year running average by the SRD, are exceeded in a fishing However, the length of the recreational recreational landings will be compared year, then during the following fishing season will also not be reduced during to the ACL. year, the AA will file a notification with the following fishing year if the RA (g) Black grouper—(1) Commercial the Office of the Federal Register stating determines, using the best scientific sector—(i) If commercial landings for that both the commercial and information available, that a reduction black grouper, as estimated by the SRD, recreational sectors will not have an in the length of the following fishing reach or are projected to reach the increase in their respective sector ACLs season is unnecessary. applicable ACL in paragraph (g)(1)(iii) during that following fishing year. The (i) Scamp—(1) Commercial sector—(i) of this section, the AA will file a applicable combined commercial and If commercial landings for scamp, as notification with the Office of the recreational sector ACLs, in round estimated by the SRD, reach or are Federal Register to close the commercial weight are 245,595 lb (111,400 kg) for projected to reach the commercial ACL sector for the remainder of the fishing 2012, 256,430 lb (116,315 kg) for 2013, of 341,636 lb (154,963 kg), round year. On and after the effective date of weight, the AA will file a notification such a notification, all sale or purchase and 262,594 lb (119,111 kg) for 2014 and subsequent fishing years. with the Office of the Federal Register of black grouper is prohibited and to close the commercial sector for the (h) Deep-water complex (including harvest or possession of this species in remainder of the fishing year. On and yellowedge grouper, blueline tilefish, or from the South Atlantic EEZ is after the effective date of such a silk snapper, misty grouper, queen limited to the bag and possession limit. notification, all sale or purchase of snapper, sand tilefish, black snapper, This bag and possession limit applies in scamp is prohibited and harvest or the South Atlantic on board a vessel for and blackfin snapper)—(1) Commercial possession of this species in or from the which a valid Federal charter vessel/ sector—(i) If commercial landings for South Atlantic EEZ is limited to the bag headboat permit for South Atlantic the deep-water complex, as estimated by and possession limit. This bag and snapper-grouper has been issued, the SRD, reach or are projected to reach possession limit applies in the South without regard to where such species the commercial ACL of 343,869 lb Atlantic on board a vessel for which a were harvested, i.e., in state or Federal (155,976 kg), round weight, the AA will valid Federal charter vessel/headboat waters. file a notification with the Office of the permit for South Atlantic snapper- (ii) If commercial landings exceed the Federal Register to close the commercial grouper has been issued, without regard ACL, and black grouper are overfished, sector for this complex for the to where such species were harvested, based on the most recent Status of U.S. remainder of the fishing year. On and i.e., in state or Federal waters. Fisheries Report to Congress, the AA after the effective date of such a (ii) If commercial landings exceed the will file a notification with the Office of notification, all sale or purchase of ACL, and scamp are overfished, based the Federal Register, at or near the deep-water complex species is on the most recent Status of U.S. beginning of the following fishing year prohibited and harvest or possession of Fisheries Report to Congress, the AA to reduce the ACL for that following these species in or from the South will file a notification with the Office of year by the amount of the overage in the Atlantic EEZ is limited to the bag and the Federal Register, at or near the prior fishing year. possession limit. This bag and beginning of the following fishing year (iii) The applicable commercial ACLs, possession limit applies in the South to reduce the ACL for that following in round weight, are 90,575 lb (41,084 Atlantic on board a vessel for which a year by the amount of the overage in the kg) for 2012, 94,571 lb (42,897 kg) for valid Federal charter vessel/headboat prior fishing year. 2013, and 96,844 lb (43,928 kg) for 2014 permit for South Atlantic snapper- (2) Recreational sector. If recreational and subsequent fishing years. grouper has been issued, without regard landings for scamp, as estimated by the (2) Recreational sector. If recreational to where such species were harvested, SRD, exceed the recreational ACL of landings for black grouper, as estimated i.e., in state or Federal waters. 150,936 lb (68,463 kg), round weight, by the SRD, exceed the applicable ACL, (ii) If commercial landings exceed the then during the following fishing year, then during the following fishing year, ACL, and at least one of the species in recreational landings will be monitored recreational landings will be monitored the deep-water complex is overfished, for a persistence in increased landings for a persistence in increased landings based on the most recent Status of U.S. and, if necessary, the AA will file a and, if necessary, the AA will file a Fisheries Report to Congress, the AA notification with the Office of the notification with the Office of the will file a notification with the Office of Federal Register, to reduce the length of Federal Register, to reduce the length of the Federal Register, at or near the the following recreational fishing season the following recreational fishing season beginning of the following fishing year by the amount necessary to ensure by the amount necessary to ensure to reduce the ACL for that following recreational landings do not exceed the recreational landings do not exceed the year by the amount of the overage in the recreational ACL in the following recreational ACL in the following prior fishing year. fishing year. However, the length of the

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recreational season will also not be notification with the Office of the overfished, based on the most recent reduced during the following fishing Federal Register to close the commercial Status of U.S. Fisheries Report to year if the RA determines, using the best sector for the remainder of the fishing Congress, the AA will file a notification scientific information available, that a year. with the Office of the Federal Register, reduction in the length of the following (ii) If commercial landings exceed the at or near the beginning of the following fishing season is unnecessary. ACL, and greater amberjack are fishing year to reduce the ACL for that (j) Other SASWG combined (including overfished, based on the most recent following year by the amount of the red hind, rock hind, yellowmouth Status of U.S. Fisheries Report to overage in the prior fishing year. grouper, yellowfin grouper, coney, and Congress, the AA will file a notification (2) Recreational sector. If recreational graysby)—(1) Commercial sector—(i) If with the Office of the Federal Register, landings for the complex (lesser commercial landings for other SASWG, at or near the beginning of the following amberjack, almaco jack, and banded as estimated by the SRD, reach or are fishing year to reduce the ACL for that rudderfish), combined, as estimated by projected to reach the commercial ACL following year by the amount of the the SRD, exceed the recreational ACL of of 49,488 lb (22,447 kg), round weight, overage in the prior fishing year. 261,490 lb (118,610 kg), round weight, the AA will file a notification with the (2) Recreational sector. If recreational then during the following fishing year, Office of the Federal Register to close landings for greater amberjack, as recreational landings will be monitored the commercial sector for this complex estimated by the SRD, exceed the for a persistence in increased landings for the remainder of the fishing year. On recreational ACL of 1,167,837 lb and, if necessary, the AA will file a and after the effective date of such a (529,722 kg), round weight, then during notification with the Office of the notification, all sale or purchase of other the following fishing year, recreational Federal Register, to reduce the length of SASWG is prohibited, and harvest or landings will be monitored for a the following recreational fishing season possession of these species in or from persistence in increased landings and, if by the amount necessary to ensure the South Atlantic EEZ is limited to the necessary, the AA will file a notification recreational landings do not exceed the bag and possession limit. This bag and with the Office of the Federal Register, recreational ACL in the following possession limit applies in the South to reduce the length of the following fishing year. However, the length of the Atlantic on board a vessel for which a recreational fishing season by the recreational season will also not be valid Federal charter vessel/headboat amount necessary to ensure recreational reduced during the following fishing permit for South Atlantic snapper- landings do not exceed the recreational year if the RA determines, using the best grouper has been issued, without regard ACL in the following fishing year. scientific information available, that a to where such species were harvested, However, the length of the recreational reduction in the length of the following i.e., in state or Federal waters. season will also not be reduced during fishing season is unnecessary. (ii) If commercial landings exceed the the following fishing year if the RA (m) Bar jack—(1) Commercial sector— ACL, and at least one of the species in determines, using the best scientific (i) If commercial landings for bar jack, the other SASWG complex is information available, that a reduction as estimated by the SRD, reach or are overfished, based on the most recent in the length of the following fishing projected to reach the commercial ACL status of U.S. Fisheries Report to season is unnecessary. of 6,686 lb (3,033 kg), round weight, the Congress, the AA will file a notification (l) Lesser amberjack, almaco jack, and AA will file a notification with the with the Office of the Federal Register, banded rudderfish complex, Office of the Federal Register to close at or near the beginning of the following combined—(1) Commercial sector—(i) If the commercial sector for the remainder fishing year to reduce the ACL for that commercial landings for lesser of the fishing year. On and after the following year by the amount of the amberjack, almaco jack, and banded effective date of such a notification, all overage in the prior fishing year. rudderfish, combined, as estimated by sale or purchase of bar jack is prohibited (2) Recreational sector. If recreational the SRD, reach or are projected to reach and harvest or possession of this species landings for other SASWG, as estimated their combined commercial ACL of in or from the South Atlantic EEZ is by the SRD, exceed the recreational ACL 193,999 lb (87,996 kg), round weight, limited to the bag and possession limit. of 48,329 lb (21,922 kg), round weight, the AA will file a notification with the This bag and possession limit applies in then during the following fishing year, Office of the Federal Register to close the South Atlantic on board a vessel for recreational landings will be monitored the commercial sector for this complex which a valid Federal charter vessel/ for a persistence in increased landings for the remainder of the fishing year. On headboat permit for South Atlantic and, if necessary, the AA will file a and after the effective date of such a snapper-grouper has been issued, notification with the Office of the notification, all sale or purchase of without regard to where such species Federal Register, to reduce the length of lesser amberjack, almaco jack, and were harvested, i.e., in state or Federal the following recreational fishing season banded rudderfish is prohibited, and waters. by the amount necessary to ensure harvest or possession of these species in (ii) If commercial landings exceed the recreational landings do not exceed the or from the South Atlantic EEZ is ACL, and bar jack is overfished, based recreational ACL in the following limited to the bag and possession limit. on the most recent Status of U.S. fishing year. However, the length of the This bag and possession limit applies in Fisheries Report to Congress, the AA recreational season will also not be the South Atlantic on board a vessel for will file a notification with the Office of reduced during the following fishing which a valid Federal charter vessel/ the Federal Register, at or near the year if the RA determines, using the best headboat permit for South Atlantic beginning of the following fishing year scientific information available, that a snapper-grouper has been issued, to reduce the ACL for that following reduction in the length of the following without regard to where such species year by the amount of the overage in the fishing season is unnecessary. were harvested, i.e., in state or Federal prior fishing year. (k) Greater amberjack—(1) waters. (2) Recreational sector. If recreational Commercial sector—(i) If commercial (ii) If the combined commercial landings for bar jack, as estimated by the landings for greater amberjack, as landings for the complex exceed the SRD, exceed the recreational ACL of estimated by the SRD, reach or are ACL, and at least one of the species in 13,834 lb (6,275 kg), round weight, then projected to reach the quota specified in the complex (lesser amberjack, almaco during the following fishing year, § 622.190(a)(3), the AA will file a jack, and banded rudderfish) is recreational landings will be monitored

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for a persistence in increased landings in the length of the following fishing the commercial sector for this complex and, if necessary, the AA will file a season is unnecessary. for the remainder of the fishing year. On notification with the Office of the (o) Mutton snapper—(1) Commercial and after the effective date of such a Federal Register, to reduce the length of sector. (i) If commercial landings for notification, all sale or purchase of the the following recreational fishing season mutton snapper, as estimated by the snappers in this complex is prohibited, by the amount necessary to ensure SRD, reach or are projected to reach the and harvest or possession of these recreational landings do not exceed the commercial ACL of 157,743 lb (71,551 species in or from the South Atlantic recreational ACL in the following kg), round weight, the AA will file a EEZ is limited to the bag and possession fishing year. However, the length of the notification with the Office of the limit. This bag and possession limit recreational season will also not be Federal Register to close the commercial applies in the South Atlantic on board reduced during the following fishing sector for the remainder of the fishing a vessel for which a valid Federal year if the RA determines, using the best year. On and after the effective date of charter vessel/headboat permit for scientific information available, that a such a notification, all sale or purchase South Atlantic snapper-grouper has reduction in the length of the following of mutton snapper is prohibited and been issued, without regard to where fishing season is unnecessary. harvest or possession of this species in such species were harvested, i.e., in (n) Yellowtail snapper—(1) or from the South Atlantic EEZ is state or Federal waters. Commercial sector—(i) If commercial limited to the bag and possession limit. (ii) If the combined commercial landings for yellowtail snapper, as This bag and possession limit applies in landings for this complex exceed the estimated by the SRD, reach or are the South Atlantic on board a vessel for ACL, and at least one of the species in projected to reach the commercial ACL which a valid Federal charter vessel/ the other snappers complex is of 1,142,589 lb (518,270 kg), round headboat permit for South Atlantic overfished, based on the most recent weight, the AA will file a notification snapper-grouper has been issued, Status of U.S. Fisheries Report to with the Office of the Federal Register without regard to where such species Congress, the AA will file a notification to close the commercial sector for the were harvested, i.e., in state or Federal with the Office of the Federal Register, remainder of the fishing year. On and waters. at or near the beginning of the following after the effective date of such a (ii) If commercial landings exceed the fishing year to reduce the ACL for that notification, all sale or purchase of ACL, and mutton snapper are following year by the amount of the yellowtail snapper is prohibited and overfished, based on the most recent overage in the prior fishing year. harvest or possession of this species in Status of U.S. Fisheries Report to (2) Recreational sector. If the or from the South Atlantic EEZ is Congress, the AA will file a notification combined recreational landings for this limited to the bag and possession limit. with the Office of the Federal Register, snappers complex, as estimated by the This bag and possession limit applies in at or near the beginning of the following SRD, exceed the recreational ACL of the South Atlantic on board a vessel for fishing year to reduce the ACL for that 882,388 lb (400,244 kg), round weight, which a valid Federal charter vessel/ following year by the amount of the then during the following fishing year, headboat permit for South Atlantic overage in the prior fishing year. recreational landings will be monitored snapper-grouper has been issued, (2) Recreational sector. If recreational for a persistence in increased landings without regard to where such species landings for mutton snapper, as and, if necessary, the AA will file a were harvested, i.e., in state or Federal estimated by the SRD, exceed the notification with the Office of the waters. recreational ACL of 768,857 lb (348,748 Federal Register, to reduce the length of (ii) If commercial landings exceed the kg), round weight, then during the the following recreational fishing season ACL, and yellowtail snapper is following fishing year, recreational by the amount necessary to ensure overfished, based on the most recent landings will be monitored for a recreational landings do not exceed the Status of U.S. Fisheries Report to persistence in increased landings and, if recreational ACL for this complex in the Congress, the AA will file a notification necessary, the AA will file a notification following fishing year. However, the with the Office of the Federal Register, with the Office of the Federal Register, length of the recreational season will at or near the beginning of the following to reduce the length of the following also not be reduced during the following fishing year to reduce the ACL for that recreational fishing season by the fishing year if the RA determines, using following year by the amount of the amount necessary to ensure recreational the best scientific information available, overage in the prior fishing year landings do not exceed the recreational that a reduction in the length of the (2) Recreational sector. If recreational ACL in the following fishing year. following fishing season is unnecessary. landings for yellowtail snapper, as However, the length of the recreational (q) Gray triggerfish—(1) Commercial estimated by the SRD, exceed the season will also not be reduced during sector—(i) If commercial landings for recreational ACL of 1,031,286 lb the following fishing year if the RA gray triggerfish, as estimated by the (467,783 kg), round weight, then during determines, using the best scientific SRD, reach or are projected to reach the the following fishing year, recreational information available, that a reduction commercial ACL of 305,262 lb (138,465 landings will be monitored for a in the length of the following fishing kg), round weight, the AA will file a persistence in increased landings and, if season is unnecessary. notification with the Office of the necessary, the AA will file a notification (p) Other snappers combined Federal Register to close the commercial with the Office of the Federal Register, (including cubera snapper, gray sector for the remainder of the fishing to reduce the length of the following snapper, lane snapper, dog snapper, year. On and after the effective date of recreational fishing season by the and mahogany snapper) complex—(1) such a notification, all sale or purchase amount necessary to ensure recreational Commercial sector—(i) If commercial of gray triggerfish is prohibited and landings do not exceed the recreational landings combined for this other harvest or possession of this species in ACL in the following fishing year. snappers complex, as estimated by the or from the South Atlantic EEZ is However, the length of the recreational SRD, reach or are projected to reach the limited to the bag and possession limit. season will also not be reduced during combined complex commercial ACL of This bag and possession limit applies in the following fishing year if the RA 204,552 lb (92,783 kg), round weight, the South Atlantic on board a vessel for determines, using the best scientific the AA will file a notification with the which a valid Federal charter vessel/ information available, that a reduction Office of the Federal Register to close headboat permit for South Atlantic

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snapper-grouper has been issued, kg), round weight, the AA will file a to where such species were harvested, without regard to where such species notification with the Office of the i.e., in state or Federal waters. were harvested, i.e., in state or Federal Federal Register to close the commercial (ii) If commercial landings exceed the waters. sector for the remainder of the fishing ACL, and Atlantic spadefish are (ii) If commercial landings exceed the year. On and after the effective date of overfished, based on the most recent ACL, and gray triggerfish are overfished, such a notification, all sale or purchase Status of U.S. Fisheries Report to based on the most recent Status of U.S. of blue runner is prohibited and harvest Congress, the AA will file a notification Fisheries Report to Congress, the AA or possession of this species in or from with the Office of the Federal Register, will file a notification with the Office of the South Atlantic EEZ is limited to the at or near the beginning of the following the Federal Register, at or near the bag and possession limit. This bag and fishing year to reduce the ACL for that beginning of the following fishing year possession limit applies in the South following year by the amount of the to reduce the ACL for that following Atlantic on board a vessel for which a overage in the prior fishing year. year by the amount of the overage in the valid Federal charter vessel/headboat (2) Recreational sector. If recreational prior fishing year. permit for South Atlantic snapper- landings for Atlantic spadefish, as (2) Recreational sector. If recreational grouper has been issued, without regard estimated by the SRD, exceed the landings for gray triggerfish, as to where such species were harvested, recreational ACL of 246,365 lb (111,749 estimated by the SRD, exceed the i.e., in state or Federal waters. kg), round weight, then during the recreational ACL of 367,303 lb (166,606 (ii) If commercial landings exceed the following fishing year, recreational kg), round weight, then during the ACL, and blue runner are overfished, landings will be monitored for a following fishing year, recreational based on the most recent Status of U.S. persistence in increased landings and, if landings will be monitored for a Fisheries Report to Congress, the AA necessary, the AA will file a notification persistence in increased landings and, if will file a notification with the Office of with the Office of the Federal Register, necessary, the AA will file a notification the Federal Register, at or near the to reduce the length of the following with the Office of the Federal Register, beginning of the following fishing year recreational fishing season by the to reduce the length of the following to reduce the ACL for that following amount necessary to ensure recreational recreational fishing season by the year by the amount of the overage in the landings do not exceed the recreational amount necessary to ensure recreational prior fishing year. ACL in the following fishing year. landings do not exceed the recreational (2) Recreational sector. If recreational However, the length of the recreational ACL in the following fishing year. landings for blue runner, as estimated season will also not be reduced during However, the length of the recreational by the SRD, exceed the recreational ACL the following fishing year if the RA season will also not be reduced during of 1,101,612 lb (499,683 kg), round determines, using the best scientific the following fishing year if the RA weight, then during the following information available, that a reduction determines, using the best scientific fishing year, recreational landings will in the length of the following fishing information available, that a reduction be monitored for a persistence in season is unnecessary. in the length of the following fishing increased landings and, if necessary, the (u) Hogfish—(1) Commercial sector. season is unnecessary. AA will file a notification with the (i) If commercial landings for hogfish, as (r) Wreckfish—(1) Commercial sector. Office of the Federal Register, to reduce estimated by the SRD, reach or are The ITQ program for wreckfish in the the length of the following recreational projected to reach the commercial ACL South Atlantic serves as the fishing season by the amount necessary of 48,772 lb (22,123 kg), round weight, accountability measures for commercial to ensure recreational landings do not the AA will file a notification with the wreckfish. The commercial ACL for exceed the recreational ACL in the Office of the Federal Register to close wreckfish is equal to the commercial following fishing year. However, the the commercial sector for the remainder quota specified in § 622.190(b). length of the recreational season will of the fishing year. On and after the (2) Recreational sector. If recreational also not be reduced during the following effective date of such a notification, all landings for wreckfish, as estimated by fishing year if the RA determines, using sale or purchase of hogfish is prohibited the SRD, exceed the recreational ACL of the best scientific information available, and harvest or possession of this species 11,750 lb (5,330 kg), round weight, then that a reduction in the length of the in or from the South Atlantic EEZ is during the following fishing year, following fishing season is unnecessary. limited to the bag and possession limit. recreational landings will be monitored (t) Atlantic spadefish—(1) This bag and possession limit applies in for a persistence in increased landings Commercial sector. (i) If commercial the South Atlantic on board a vessel for and, if necessary, the AA will file a landings for Atlantic spadefish, as which a valid Federal charter vessel/ notification with the Office of the estimated by the SRD, reach or are headboat permit for South Atlantic Federal Register, to reduce the length of projected to reach the commercial ACL snapper-grouper has been issued, the following recreational fishing season of 36,476 lb (16,545 kg), round weight, without regard to where such species by the amount necessary to ensure the AA will file a notification with the were harvested, i.e., in state or Federal recreational landings do not exceed the Office of the Federal Register to close waters. recreational ACL in the following the commercial sector for the remainder (ii) If commercial landings exceed the fishing year. However, the length of the of the fishing year. On and after the ACL, and hogfish are overfished, based recreational season will also not be effective date of such a notification, all on the most recent Status of U.S. reduced during the following fishing sale or purchase of Atlantic spadefish is Fisheries Report to Congress, the AA year if the RA determines, using the best prohibited and harvest or possession of will file a notification with the Office of scientific information available, that a this species in or from the South the Federal Register, at or near the reduction in the length of the following Atlantic EEZ is limited to the bag and beginning of the following fishing year fishing season is unnecessary. possession limit. This bag and to reduce the ACL for that following (s) Blue runner—(1) Commercial possession limit applies in the South year by the amount of the overage in the sector. (i) If commercial landings for Atlantic on board a vessel for which a prior fishing year. blue runner, as estimated by the SRD, valid Federal charter vessel/headboat (2) Recreational sector. If recreational reach or are projected to reach the permit for South Atlantic snapper- landings for hogfish, as estimated by the commercial ACL of 188,329 lb (85,425 grouper has been issued, without regard SRD, exceed the recreational ACL of

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98,866 lb (44,845 kg), round weight, Federal Register to close the commercial white grunt, sailor’s choice, tomtate, then during the following fishing year, sector for this complex for the and margate, is prohibited, and harvest recreational landings will be monitored remainder of the fishing year. On and or possession of these species in or from for a persistence in increased landings after the effective date of such a the South Atlantic EEZ is limited to the and, if necessary, the AA will file a notification, all sale or purchase of bag and possession limit. This bag and notification with the Office of the jolthead porgy, knobbed porgy, possession limit applies in the South Federal Register, to reduce the length of whitebone porgy, scup, and saucereye Atlantic on board a vessel for which a the following recreational fishing season porgy, is prohibited, and harvest or valid Federal charter vessel/headboat by the amount necessary to ensure possession of these species in or from permit for South Atlantic snapper- recreational landings do not exceed the the South Atlantic EEZ is limited to the grouper has been issued, without regard recreational ACL in the following bag and possession limit. This bag and to where such species were harvested, fishing year. However, the length of the possession limit applies in the South i.e., in state or Federal waters. recreational season will also not be Atlantic on board a vessel for which a (ii) If the combined commercial reduced during the following fishing valid Federal charter vessel/headboat landings for this complex exceed the year if the RA determines, using the best permit for South Atlantic snapper- ACL, and at least one of the species in scientific information available, that a grouper has been issued, without regard the complex is overfished, based on the reduction in the length of the following to where such species were harvested, most recent Status of U.S. Fisheries fishing season is unnecessary. i.e., in state or Federal waters. Report to Congress, the AA will file a (v) Red porgy—(1) Commercial sector. (ii) If the combined commercial notification with the Office of the (i) If commercial landings for red porgy, landings for this complex exceed the Federal Register, at or near the as estimated by the SRD, reach or are ACL, and at least one of the species in beginning of the following fishing year projected to reach the quota specified in the complex is overfished, based on the to reduce the ACL for that following § 622.190(a)(6), the AA will file a most recent Status of U.S. Fisheries year by the amount of the overage in the notification with the Office of the Report to Congress, the AA will file a prior fishing year. Federal Register to close the commercial notification with the Office of the (2) Recreational sector. If recreational sector for the remainder of the fishing Federal Register, at or near the landings for white grunt, sailor’s choice, year. beginning of the following fishing year tomtate, and margate, as estimated by (ii) If commercial landings exceed the to reduce the ACL for that following the SRD, exceed the recreational ACL of ACL, and red porgy are overfished, year by the amount of the overage in the 562,151 lb (254,987 kg), round weight, based on the most recent Status of U.S. prior fishing year. then during the following fishing year, Fisheries Report to Congress, the AA (2) Recreational sector. If recreational recreational landings will be monitored will file a notification with the Office of landings for jolthead porgy, knobbed for a persistence in increased landings the Federal Register, at or near the porgy, whitebone porgy, scup, and and, if necessary, the AA will file a beginning of the following fishing year saucereye porgy, combined, as notification with the Office of the to reduce the ACL for that following estimated by the SRD, exceed the Federal Register, to reduce the length of year by the amount of the overage in the recreational ACL of 112,485 lb (51,022 the following recreational fishing season prior fishing year. kg), round weight, then during the for this complex by the amount (2) Recreational sector. If recreational following fishing year, recreational necessary to ensure recreational landings for red porgy, as estimated by landings will be monitored for a landings do not exceed the recreational the SRD, exceed the recreational ACL of persistence in increased landings and, if ACL in the following fishing year. 197,652 lb (89,653 kg), round weight, necessary, the AA will file a notification However, the length of the recreational then during the following fishing year, with the Office of the Federal Register, season will also not be reduced during recreational landings will be monitored to reduce the length of the following the following fishing year if the RA for a persistence in increased landings recreational fishing season for this determines, using the best scientific and, if necessary, the AA will file a complex by the amount necessary to information available, that a reduction notification with the Office of the ensure recreational landings do not in the length of the following fishing Federal Register, to reduce the length of exceed the recreational ACL in the season is unnecessary. the following recreational fishing season following fishing year. However, the by the amount necessary to ensure length of the recreational season will § 622.194 Adjustment of management recreational landings do not exceed the also not be reduced during the following measures. recreational ACL in the following fishing year if the RA determines, using In accordance with the framework fishing year. However, the length of the the best scientific information available, procedures of the FMP for the Snapper- recreational season will also not be that a reduction in the length of the Grouper Fishery of the South Atlantic reduced during the following fishing following fishing season is unnecessary. Region, the RA may establish or modify year if the RA determines, using the best (x) White grunt, sailor’s choice, the following items specified in scientific information available, that a tomtate, and margate complex—(1) paragraph (a) of this section for South reduction in the length of the following Commercial sector. (i) If commercial Atlantic snapper-grouper and wreckfish. fishing season is unnecessary. landings for white grunt, sailor’s choice, (a) Biomass levels, age-structured (w) Jolthead porgy, knobbed porgy, tomtate, and margate, combined, as analyses, target dates for rebuilding whitebone porgy, scup, and saucereye estimated by the SRD, reach or are overfished species, MSY, ABC, TAC, porgy complex—(1) Commercial sector. projected to reach the commercial quotas, annual catch limits (ACLs), (i) If commercial landings for jolthead complex ACL of 214,624 lb (97,352 kg), target catch levels, accountability porgy, knobbed porgy, whitebone porgy, round weight, the AA will file a measures (AMs), trip limits, bag limits, scup, and saucereye porgy, combined, notification with the Office of the minimum sizes, gear restrictions as estimated by the SRD, reach or are Federal Register to close the commercial (ranging from regulation to complete projected to reach the commercial sector for this complex for the prohibition), seasonal or area closures, complex ACL of 35,129 lb (15,934 kg), remainder of the fishing year. On and definitions of essential fish habitat, round weight, the AA will file a after the effective date of such a essential fish habitat, essential fish notification with the Office of the notification, all sale or purchase of habitat HAPCs or Coral HAPCs, and

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restrictions on gear and fishing activities must ensure that at least one person receive an application for renewal of the applicable in essential fish habitat and with a valid operator permit is aboard permit within 1 year after the expiration essential fish habitat HAPCs. while the vessel is at sea or offloading. date of the permit. (b) [Reserved] (4) An owner of a vessel that is (d) Limitation on permits. A vessel for required to have a permitted operator which a permit for South Atlantic rock § 622.195 Prohibitions. under paragraph (b)(1) of this section shrimp is required may be issued either In addition to the prohibitions in and the operator of such vessel are a Commercial Vessel Permit for Rock § 600.725 of this chapter and the general responsible for ensuring that a person Shrimp (Carolinas Zone) or a prohibitions in § 622.13, it is unlawful whose operator permit is suspended, Commercial Vessel Permit for Rock for any person to violate any provisions revoked, or modified pursuant to Shrimp (South Atlantic EEZ), of §§ 622.170 through 622.194. subpart D of 15 CFR part 904 is not depending on its eligibility. However, aboard that vessel. no such vessel may be issued both Subpart J—-Shrimp Fishery of the (c) Dealer permits. (1) For a dealer to permits for the same period of South Atlantic Region receive rock shrimp harvested from the effectiveness. § 622.200 Permits. South Atlantic EEZ, a dealer permit for South Atlantic rock shrimp must be § 622.202 [Reserved] (a) Commercial vessel permits—(1) issued to the dealer. South Atlantic penaeid shrimp. For a § 622.203 Recordkeeping and reporting. (2) State license and facility person aboard a trawler to fish for requirements. To obtain a dealer permit, (a) Commercial vessel owners and penaeid shrimp in the South Atlantic the applicant must have a valid state operators—(1) Reporting requirement. EEZ or possess penaeid shrimp in or wholesaler’s license in the state(s) The owner or operator of a vessel that from the South Atlantic EEZ, a valid where the dealer operates, if required by fishes for shrimp in the South Atlantic commercial vessel permit for South such state(s), and must have a physical EEZ or in adjoining state waters, or that Atlantic penaeid shrimp must have been facility at a fixed location in such lands shrimp in an adjoining state, must issued to the vessel and must be on state(s). provide information for any fishing trip, board. (d) Permit procedures. See § 622.4 for as requested by the SRD, including, but (2) South Atlantic rock shrimp. (i) For information regarding general permit not limited to, vessel identification, a person aboard a vessel to fish for rock procedures including, but not limited to gear, effort, amount of shrimp caught by shrimp in the South Atlantic EEZ off application, fees, duration, transfer, species, shrimp condition (heads on/ North Carolina or off South Carolina or renewal, display, sanctions and denials, heads off), fishing areas and depths, and possess rock shrimp in or from the and replacement. person to whom sold. South Atlantic EEZ off those states, a (2) Reporting deadline. Completed Commercial Vessel Permit for Rock § 622.201 South Atlantic rock shrimp fishing records required by paragraphs Shrimp (Carolinas Zone) or a limited access. (a)(1) of this section must be submitted Commercial Vessel Permit for Rock (a) Commercial Vessel Permits for to the SRD postmarked not later than 7 Shrimp (South Atlantic EEZ) must be Rock Shrimp (South Atlantic EEZ). For days after the end of each fishing trip. issued to the vessel and must be on a person aboard a vessel to fish for rock If no fishing occurred during a calendar board. shrimp in the South Atlantic EEZ off month, a report so stating must be (ii) For a person aboard a vessel to Georgia or off Florida or possess rock submitted on one of the forms fish for rock shrimp in the South shrimp in or from the South Atlantic postmarked not later than 7 days after Atlantic EEZ off Georgia or off Florida EEZ off those states, a Commercial the end of that month. Information to be or possess rock shrimp in or from the Permit for Rock Shrimp (South Atlantic reported is indicated on the form and its South Atlantic EEZ off those states, a EEZ) must be issued to the vessel and accompanying instructions. Commercial Vessel Permit for Rock must be on board. No applications for (b) South Atlantic rock shrimp Shrimp (South Atlantic EEZ) must be additional Commercial Vessel Permits dealers. (1) A dealer who has been issued to the vessel and must be on for Rock Shrimp (South Atlantic EEZ) issued a permit for rock shrimp, as board. A Commercial Vessel Permit for will be accepted. required under § 622.200(c), and who is Rock Shrimp (South Atlantic EEZ) is a (b) Transfer of an existing permit. A selected by the SRD must provide limited access permit. See § 622.201 for Commercial Vessel Permit for Rock information on receipts of rock shrimp limitations on the issuance, transfer, or Shrimp (South Atlantic EEZ) is valid and prices paid on forms available from renewal of a Commercial Vessel Permit only for the vessel and owner named on the SRD. The required information must for Rock Shrimp (South Atlantic EEZ). the permit. To change either the vessel be submitted to the SRD at monthly (b) Operator permits. (1) An operator or the owner, a complete application for intervals postmarked not later than 5 of a vessel that has or is required to have transfer must be submitted to the RA. days after the end of each month. a Commercial Vessel Permit for Rock An owner of a vessel with a permit may Reporting frequencies and reporting Shrimp (Carolinas Zone) or a request that the RA transfer a valid deadlines may be modified upon Commercial Vessel Permit for Rock permit to another vessel owned by the notification by the SRD. Shrimp (South Atlantic EEZ) issued same entity, to the same vessel owned (2) On demand, a dealer who has been under this section is required to have an by another entity, or to another vessel issued a dealer permit for rock shrimp, operator permit. with another owner. A transfer of a as required under § 622.200(c), must (2) A person required to have an permit under this paragraph will make available to an authorized officer operator permit under paragraph (b)(1) include the transfer of the vessel’s entire all records of offloadings, purchases, or of this section must carry on board such catch history of South Atlantic rock sales of rock shrimp. permit and one other form of personal shrimp to a new owner; no partial identification that includes a picture transfers are allowed. § 622.204 At-sea observer coverage. (driver’s license, passport, etc.). (c) Renewal. The RA will not reissue (a) Required coverage. A vessel for (3) An owner of a vessel that is a Commercial Vessel Permit for Rock which a Federal commercial permit for required to have a permitted operator Shrimp (South Atlantic EEZ) if the South Atlantic rock shrimp or South under paragraph (b)(1) of this section permit is revoked or if the RA does not Atlantic penaeid shrimp has been

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issued must carry a NMFS-approved and reactivating such VMS, the vessel shrimp, the Assistant Administrator observer, if the vessel’s trip is selected owner or operator must— may concurrently close the South by the SRD for observer coverage. (1) Follow procedures indicated on a Atlantic EEZ adjacent to the closed state (b) Notification to the SRD. When NMFS-approved installation and waters by filing a notification of closure observer coverage is required, an owner activation checklist for the applicable with the Office of the Federal Register. or operator must advise the SRD in fishery, which is available from NMFS Closure of the adjacent EEZ will be writing not less than 5 days in advance Office for Law Enforcement, Southeast effective until the ending date of the of each trip of the following: Region, 263 13th Avenue South, St. closure in state waters, but may be (1) Departure information (port, dock, Petersburg, FL 33701; phone: 800–758– ended earlier based on the state’s date, and time). 4833; and request. In the latter case, the Assistant (2) Expected landing information (2) Submit to NMFS Office for Law Administrator will terminate a closure (port, dock, and date). Enforcement, Southeast Region, 263 of the EEZ by filing a notification to that (c) Observer accommodations and 13th Avenue South, St. Petersburg, FL effect with the Office of the Federal access. An owner or operator of a vessel 33701, a statement certifying Register. on which a NMFS-approved observer is compliance with the checklist, as (2) During a closure, as specified in embarked must: prescribed on the checklist. paragraph (a)(1) of this section— (1) Provide accommodations and food (3) Submit to NMFS Office for Law (i) No person may trawl for brown that are equivalent to those provided to Enforcement, Southeast Region, 263 shrimp, pink shrimp, or white shrimp in the crew. 13th Avenue South, St. Petersburg, FL the closed portion of the EEZ (closed (2) Allow the observer access to and 33701, a vendor-completed installation area); and no person may possess on use of the vessel’s communications certification checklist, which is board a fishing vessel brown shrimp, equipment and personnel upon request available from NMFS Office for Law pink shrimp, or white shrimp in or from for the transmission and receipt of Enforcement, Southeast Region, 263 a closed area, except as authorized in messages related to the observer’s 13th Avenue South, St. Petersburg, FL paragraph (a)(2)(iii) of this section. duties. 33701; phone: 800–758–4833. (ii) No person aboard a vessel trawling (3) Allow the observer access to and (c) Interference with the VMS. No in that part of a closed area that is use of the vessel’s navigation equipment person may interfere with, tamper with, within 25 nm of the baseline from and personnel upon request to alter, damage, disable, or impede the which the territorial sea is measured determine the vessel’s position. operation of the VMS, or attempt any of may use or have on board a trawl net (4) Allow the observer free and the same. with a mesh size less than 4 inches (10.2 unobstructed access to the vessel’s (d) Interruption of operation of the cm), as measured between the centers of bridge, working decks, holding bins, VMS. When a vessel’s VMS is not opposite knots when pulled taut. weight scales, holds, and any other operating properly, the owner or (iii) Brown shrimp, pink shrimp, or space used to hold, process, weigh, or operator must immediately contact white shrimp may be possessed on store fish. NMFS Office for Law Enforcement, board a fishing vessel in a closed area, (5) Allow the observer to inspect and Southeast Region, 263 13th Avenue provided the vessel is in transit and all copy the vessel’s log, communications South, St. Petersburg, FL 33701, phone: trawl nets with a mesh size less than 4 logs, and any records associated with 800–758–4833, and follow instructions inches (10.2 cm), as measured between the catch and distribution of fish for that from that office. If notified by NMFS the centers of opposite knots when trip. that a vessel’s VMS is not operating pulled taut, are stowed below deck properly, the owner and operator must while transiting the closed area. For the § 622.205 Vessel monitoring systems follow instructions from that office. In (VMSs). purpose of this paragraph, a vessel is in either event, such instructions may transit when it is on a direct and (a) VMS requirement for South include, but are not limited to, manually continuous course through a closed Atlantic rock shrimp. An owner or communicating to a location designated area. operator of a vessel that has been issued by NMFS the vessel’s positions or (b) [Reserved] a limited access endorsement for South returning to port until the VMS is Atlantic rock shrimp (until January 27, operable. § 622.207 Bycatch Reduction Device (BRD) 2010) or a Commercial Vessel Permit for (e) Access to position data. As a requirements. Rock Shrimp (South Atlantic EEZ) must condition of authorized fishing for or (a) BRD requirement for South ensure that such vessel has an operating possession of fish in a fishery subject to Atlantic shrimp. On a shrimp trawler in VMS approved by NMFS for use in the VMS requirements in this section, a the South Atlantic EEZ, each net that is South Atlantic rock shrimp fishery on vessel owner or operator subject to the rigged for fishing must have a BRD board when on a trip in the South requirements for a VMS in this section installed that is listed in paragraph Atlantic. An operating VMS includes an must allow NMFS, the USCG, and their (a)(3) of this section and is certified or operating mobile transmitting unit on authorized officers and designees access provisionally certified for the area in the vessel and a functioning to the vessel’s position data obtained which the shrimp trawler is located, communication link between the unit from the VMS. unless exempted as specified in and NMFS as provided by a NMFS- paragraphs (a)(1)(i) through (iii) of this approved communication service § 622.206 Area and seasonal closures. section. A trawl net is rigged for fishing provider. (a) South Atlantic shrimp cold if it is in the water, or if it is shackled, (b) Installation and activation of a weather closure. (1) Pursuant to the tied, or otherwise connected to a sled, VMS. Only a VMS that has been procedures and criteria established in door, or other device that spreads the approved by NMFS for the South the FMP for the Shrimp Fishery of the net, or to a tow rope, cable, pole, or Atlantic rock shrimp fishery may be South Atlantic Region, when Florida, extension, either on board or attached to used, and the VMS must be installed by Georgia, North Carolina, or South a shrimp trawler. a qualified marine electrician. When Carolina closes all or a portion of its (1) Exemptions from BRD installing and activating the NMFS- waters of the South Atlantic to the requirement–-(i) Try net exemption. A approved VMS, or when reinstalling harvest of brown, pink, and white shrimp trawler is exempt from the

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requirement to have a certified or RA authorizes pre-certification, the RA’s on the certification testing results. A provisionally certified BRD installed in LOA must be on board the vessel during provisional certification is effective for a single try net with a headrope length any trip involving the BRD testing. 2 years from the date of publication of of 16 ft (4.9 m) or less provided the (ii) Certification. A person who the notification in the Federal Register single try net is either placed proposes a BRD for certification for use announcing the provisional immediately in front of another net or in the South Atlantic EEZ must submit certification. is not connected to another net. an application to test such BRD, (iv) Decertification. The RA will (ii) Roller trawl exemption. A shrimp conduct the testing, and submit the decertify a BRD if NMFS determines the trawler is exempt from the requirement results of the test in accordance with the BRD does not meet the requirements for to have a certified or provisionally ‘‘Bycatch Reduction Device Testing certification or provisional certification. certified BRD installed in up to two Manual.’’ The RA will issue a LOA to Before determining whether to decertify rigid-frame roller trawls that are 16 ft conduct certification trials upon the a BRD, the RA will notify the South (4.9 m) or less in length used or vessel specified in the application if the Atlantic Fishery Management Council possessed on board. A rigid-frame roller RA finds that: The operation plan in writing, and the public will be trawl is a trawl that has a mouth formed submitted with the application meets provided an opportunity to comment on by a rigid frame and a grid of rigid the requirements of the ‘‘Bycatch the advisability of any proposed vertical bars; has rollers on the lower Reduction Device Testing Manual’’; the decertification. The RA will consider horizontal part of the frame to allow the observer identified in the application is any comments from the Council and trawl to roll over the bottom and any qualified; and the results of any pre- public, and if the RA elects to decertify obstruction while being towed; and has certification trials conducted have been the BRD, the RA will proceed with no doors, boards, or similar devices reviewed and deemed to indicate a decertification via appropriate attached to keep the mouth of the trawl reasonable scientific basis for rulemaking. open. conducting certification testing. If (3) Certified and provisionally (iii) BRD certification testing authorization to conduct certification certified BRDs—(i) Certified BRDS. The exemption. A shrimp trawler that is trials is denied, the RA will provide a following BRDs are certified for use in authorized by the RA to participate in letter of explanation to the applicant, the South Atlantic EEZ. Specifications the pre-certification testing phase or to together with relevant recommendations of these certified BRDs are contained in test a BRD in the EEZ for possible to address the deficiencies resulting in Appendix D to this part. certification, has such written the denial. To be certified for use in the (A) Fisheye–-see Appendix D to part authorization on board, and is fishery, the BRD candidate must 622 for separate specifications in the conducting such test in accordance with successfully demonstrate a 30-percent Gulf and South Atlantic EEZ. the ‘‘Bycatch Reduction Device Testing reduction in total weight of finfish (B) Gulf fisheye. Manual’’ is granted a limited exemption bycatch. In addition, the BRD candidate (C) Jones-Davis. from the BRD requirement specified in must satisfy the following conditions: (D) Modified Jones-Davis. this section. The exemption from the There is at least a 50-percent probability (E) Expanded mesh. BRD requirement is limited to those the true reduction rate of the BRD (F) Extended funnel. trawls that are being used in the candidate meets the bycatch reduction (G) Cone Fish Deflector Composite certification trials. All other trawls criterion and there is no more than a 10- Panel. rigged for fishing must be equipped percent probability the true reduction (H) Square Mesh Panel (SMP) with certified or provisionally certified rate of the BRD candidate is more than Composite Panel. BRDs. 5 percentage points less than the (ii) [Reserved] (b) [Reserved] (2) Procedures for certification and bycatch reduction criterion. If a BRD decertification of BRDs. The process for meets both conditions, consistent with § 622.208 Minimum mesh size applicable the certification of BRDs consists of two the ‘‘Bycatch Reduction Device Testing to rock shrimp off Georgia and Florida. phases—an optional pre-certification Manual’’, NMFS, through appropriate (a) The minimum mesh size for the phase and a required certification phase. rulemaking procedures, will add the cod end of a rock shrimp trawl net in The RA may also provisionally certify a BRD to the list of certified BRDs in the South Atlantic EEZ off Georgia and BRD. paragraph (a)(3) of this section; and Florida is 17⁄8 inches (4.8 cm), stretched (i) Pre-certification. The pre- provide the specifications for the newly mesh. This minimum mesh size is certification phase allows a person to certified BRD, including any special required in at least the last 40 meshes test and evaluate a new BRD design for conditions deemed appropriate based forward of the cod end drawstring (tie- up to 60 days without being subject to on the certification testing results. off rings), and smaller-mesh bag liners the observer requirements and rigorous (iii) Provisional certification. Based on are not allowed. A vessel that has a testing requirements specified for data provided consistent with the trawl net on board that does not meet certification testing in the ‘‘Bycatch ‘‘Bycatch Reduction Device Testing these requirements may not possess a Reduction Device Testing Manual.’’ Manual’’, the RA may provisionally rock shrimp in or from the South (A) A person who wants to conduct certify a BRD if there is at least a 50- Atlantic EEZ off Georgia and Florida. pre-certification phase testing must percent probability the true reduction (b) [Reserved] submit an application to the RA, as rate of the BRD is no more than 5 specified in the ‘‘Bycatch Reduction percentage points less than the bycatch § 622.209 Restrictions on sale/purchase. Device Testing Manual.’’ The ‘‘Bycatch reduction criterion, i.e. 25 percent (a) South Atlantic rock shrimp. (1) Reduction Device Testing Manual’’, reduction in total weight of finfish Rock shrimp harvested in the South which is available from the RA, upon bycatch. Through appropriate Atlantic EEZ on board a vessel that does request, contains the application forms. rulemaking procedures, NMFS will add not have a valid commercial permit for (B) After reviewing the application, the BRD to the list of provisionally rock shrimp, as required under the RA will determine whether to issue certified BRDs in paragraph (a)(3) of this § 622.200(a)(2), may not be transferred, a letter of authorization (LOA) to section; and provide the specifications received, sold, or purchased. conduct pre-certification trials upon the for the BRD, including any special (2) Rock shrimp harvested on board a vessel specified in the application. If the conditions deemed appropriate based vessel that has a valid commercial

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permit for rock shrimp may be and when allowable octocoral is (B) Shows the site on a chart in transferred or sold only to a dealer who possessed, through landing ashore. sufficient detail to determine its size has a valid permit for rock shrimp, as (3) Aquacultured live rock. For a and allow for site inspection; required under § 622.200(c). person to take or possess aquacultured (C) Discusses possible hazards to safe (3) Rock shrimp harvested in the live rock in the South Atlantic EEZ, a navigation or hindrance to vessel traffic, South Atlantic EEZ may be received or Federal aquacultured live rock permit traditional fishing operations, or other purchased by a dealer who has a valid must have been issued for the specific public access that may result from permit for rock shrimp, as required harvest site. Such permit, or a copy, aquacultured live rock at the site; under § 622.200(c), only from a vessel must be on board a vessel depositing or (D) Describes the naturally occurring that has a valid commercial permit for possessing material on an aquacultured bottom habitat at the site; and rock shrimp. live rock site or harvesting or possessing (E) Specifies the type and origin of (b) [Reserved] live rock from an aquacultured live rock material to be deposited on the site and § 622.210 Adjustment of management site. how it will be distinguishable from the measures. (4) Prohibited coral. A Federal permit naturally occurring substrate. may be issued to take or possess South In accordance with the framework Atlantic prohibited coral only as § 622.221 Recordkeeping and reporting. procedures of the FMP for the Shrimp scientific research activity, exempted (a) Individuals with coral or live rock Fishery of the South Atlantic Region, fishing, or exempted educational permits. (1) An individual with a the RA may establish or modify the activity. See § 600.745 of this chapter for Federal allowable octocoral permit must items specified in paragraph (a) of this the procedures and limitations for such submit a report of harvest to the SRD. section for South Atlantic shrimp. Specific reporting requirements will be (a) Biomass levels, age-structured activities and fishing. provided with the permit. analyses, BRD certification criteria, BRD (5) Florida permits. Appropriate (2) A person with a Federal specifications, BRD testing protocol, Florida permits and endorsements are aquacultured live rock permit must certified BRDs, nets required to use required for the following activities, report to the RA each deposition of BRDs, times and locations when the use without regard to whether they involve material on a site. Such reports must be of BRDs is required, definitions of activities in the EEZ or Florida’s waters: (i) Landing in Florida fish or other postmarked not later than 7 days after essential fish habitat, and essential fish marine organisms taken with an deposition and must contain the habitat HAPCs or Coral HAPCs. following information: (b) [Reserved] allowable chemical in a coral area. (ii) Landing allowable octocoral in (i) Permit number of site and date of § 622.211 Prohibitions. Florida. deposit. In addition to the prohibitions in (iii) Landing live rock in Florida. (ii) Geological origin of material § 600.725 of this chapter and the general (b) Application. (1) The applicant for deposited. prohibitions in § 622.13, it is unlawful a coral permit must be the individual (iii) Amount of material deposited. for any person to violate any provisions who will be conducting the activity that (iv) Source of material deposited, that of §§ 622.200 through 622.210. requires the permit. In the case of a is, where obtained, if removed from corporation or partnership that will be another habitat, or from whom Subpart K—Coral, Coral Reefs, and conducting live rock aquaculture purchased. Live/Hard Bottom Habitats of the South activity, the applicant must be the (3) A person who takes aquacultured Atlantic Region principal shareholder or a general live rock must submit a report of harvest partner. to the RA. Specific reporting § 622.220 Permits. (2) An applicant must provide the requirements will be provided with the See § 622.4 for information regarding following: permit. This reporting requirement is general permit procedures including, (i) Name, address, telephone number, waived for aquacultured live rock that is but not limited to fees, duration, and other identifying information of the landed in Florida. transfer, renewal, display, sanctions and applicant. (b) [Reserved] denials, and replacement. (ii) Name and address of any affiliated (a) Required permits—(1) Allowable company, institution, or organization. § 622.222 Prohibited gear and methods. chemical. For an individual to take or (iii) Information concerning vessels, Also see § 622.9 for additional possess fish or other marine organisms harvesting gear/methods, or fishing prohibited gear and methods that apply with an allowable chemical in a coral areas, as specified on the application more broadly to multiple fisheries or in area, other than fish or other marine form. some cases all fisheries. organisms that are landed in Florida, a (iv) Any other information that may (a) Power-assisted tools. A power- Federal allowable chemical permit must be necessary for the issuance or assisted tool may not be used in the have been issued to the individual. administration of the permit. South Atlantic EEZ to take allowable Such permit must be available when the (v) If applying for an aquacultured octocoral, prohibited coral, or live rock. permitted activity is being conducted live rock permit, identification of each (b) [Reserved] and when such fish or other marine vessel that will be depositing material organisms are possessed, through on or harvesting aquacultured live rock § 622.223 Prohibited species. landing ashore. from the proposed aquacultured live (a) General. The harvest and (2) Allowable octocoral. For an rock site, specification of the port of possession restrictions of this section individual to take or possess allowable landing of aquacultured live rock, and a apply without regard to whether the octocoral in the South Atlantic EEZ, site evaluation report prepared pursuant species is harvested by a vessel other than allowable octocoral that is to generally accepted industry standards operating under a commercial vessel landed in Florida, a Federal allowable that— permit. The operator of a vessel that octocoral permit must have been issued (A) Provides accurate coordinates of fishes in the EEZ is responsible for the to the individual. Such permit must be the proposed harvesting site so that it limit applicable to that vessel. available for inspection when the can be located using LORAN or Global (b) Prohibited coral. South Atlantic permitted activity is being conducted Positioning System equipment; prohibited coral taken as incidental

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catch in the South Atlantic EEZ must be be released immediately by cutting the Point North lat. West long. returned immediately to the sea in the line without removing the fish from the general area of fishing. In fisheries water. 35 ...... 32°10′19″ 78°49′08″ where the entire catch is landed (c) Deepwater Coral HAPCs—(1) 36 ...... 32°09′42″ 78°52′54″ ° ′ ″ ° ′ ″ unsorted, such as the scallop and Locations. The following areas are 37 ...... 32 08 15 78 56 11 38 ...... 32°05′00″ 79°00′30″ groundfish fisheries, unsorted designated Deepwater Coral HAPCs: ° ′ ″ ° ′ ″ (i) Cape Lookout Lophelia Banks is 39 ...... 32 01 54 79 02 49 prohibited coral may be landed ashore; 40 ...... 31°58′40″ 79°04′51″ however, no person may sell or bounded by rhumb lines connecting, in 41 ...... 31°56′32″ 79°06′48″ purchase such prohibited coral. order, the following points: 42 ...... 31°53′27″ 79°09′18″ (c) Wild live rock. Wild live rock may 43 ...... 31°50′56″ 79°11′29″ not be harvested or possessed in the Point North lat. West long. 44 ...... 31°49′07″ 79°13′35″ 45 ...... 31°47′56″ 79°16′08″ South Atlantic EEZ. ° ′ ″ ° ′ ″ Origin .. 34 24 37 75 45 11 46 ...... 31°47′11″ 79°16′30″ (d) Octocoral. Octocoral may not be ° ′ ″ ° ′ ″ 1 ...... 34 10 26 75 58 44 47 ...... 31°46′29″ 79°16′25″ harvested or possessed in or from the ° ′ ″ ° ′ ″ 2 ...... 34 05 47 75 54 54 48 ...... 31°44′31″ 79°17′24″ portion of the South Atlantic EEZ ° ′ ″ ° ′ ″ 3 ...... 34 21 02 75 41 25 49 ...... 31°43′20″ 79°18′27″ ° ′ ″ ° ′ ″ managed under the FMP. Octocoral Origin .. 34 24 37 75 45 11 50 ...... 31°42′26″ 79°20′41″ collected in the portion of the South 51 ...... 31°41′09″ 79°22′26″ Atlantic EEZ managed under the FMP (ii) Cape Fear Lophelia Banks is 52 ...... 31°39′36″ 79°23′59″ must be released immediately with a bounded by rhumb lines connecting, in 53 ...... 31°37′54″ 79°25′29″ minimum of harm. order, the following points: 54 ...... 31°35′57″ 79°27′14″ 55 ...... 31°34′14″ 79°28′24″ § 622.224 Area closures to protect South Point North lat. West long. 56 ...... 31°31′08″ 79°29′59″ Atlantic corals. 57 ...... 31°30′26″ 79°29′52″ (a) Allowable octocoral closed area. Origin .. 33°38′49″ 76°29′32″ 58 ...... 31°29′11″ 79°30′11″ No person may harvest or possess 1 ...... 33°32′21″ 76°32′38″ 59 ...... 31°27′58″ 79°31′41″ ° ′ ″ ° ′ ″ allowable octocoral in the South 2 ...... 33°29′49″ 76°26′19″ 60 ...... 31 27 06 79 32 08 ° ′ ″ ° ′ ″ 61 ...... 31°26′22″ 79°32′48″ Atlantic EEZ north of 28°35.1′ N. lat. 3 ...... 33 36 09 76 23 37 Origin .. 33°38′49″ 76°29′32″ 62 ...... 31°24′21″ 79°33′51″ (due east of the NASA Vehicle 63 ...... 31°22′53″ 79°34′41″ Assembly Building, Cape Canaveral, (iii) Stetson Reefs, Savannah and East 64 ...... 31°21′03″ 79°36′01″ ° ′ ″ ° ′ ″ FL). Florida Lithotherms, and Miami Terrace 65 ...... 31 20 00 79 37 12 (b) Oculina Bank—(1) HAPC. The ° ′ ″ ° ′ ″ (Stetson-Miami Terrace) is bounded 66 ...... 31 18 34 79 38 15 Oculina Bank HAPC encompasses an 67 ...... 31°16′49″ 79°38′36″ ° ′ by— 68 ...... 31°13′06″ 79°38′19″ area bounded on the north by 28 30 N. (A) Rhumb lines connecting, in order, lat., on the south by 27°30′ N. lat., on 70 ...... 31°11′04″ 79°38′39″ the following points: ° ′ ″ ° ′ ″ the east by the 100-fathom (183-m) 70 ...... 31 09 28 79 39 09 71 ...... 31°07′44″ 79°40′21″ contour, as shown on the latest edition Point North lat. West long. 72 ...... 31°05′53″ 79°41′27″ of NOAA chart 11460, and on the west 73 ...... 31°04′40″ 79°42′09″ by 80°00′ W. long.; and two adjacent Origin .. 28°17′10″ 79°00′00″ 74 ...... 31°02′58″ 79°42′28″ areas: the first bounded on the north by 1 ...... 31°23′37″ 79°00′00″ 75 ...... 31°01′03″ 79°42′40″ 28°30′ N. lat., on the south by 28°29′ N. 2 ...... 31°23′37″ 77°16′21″ 76 ...... 30°59′50″ 79°42′43″ lat., on the east by 80°00′ W. long., and 3 ...... 32°38′37″ 77°16′21″ 77 ...... 30°58′27″ 79°42′43″ ° ′ ″ ° ′ ″ on the west by 80°03′ W. long.; and the 4 ...... 32 38 21 77 34 06 78 ...... 30°57′15″ 79°42′50″ ° ′ 5 ...... 32°35′24″ 77°37′54″ 79 ...... 30°56′09″ 79°43′28″ second bounded on the north by 28 17 ° ′ ″ ° ′ ″ ° ′ 6 ...... 32 32 18 77 40 26 80 ...... 30°54′49″ 79°44′53″ N. lat., on the south by 28 16 N. lat., on ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ 7 ...... 32 28 42 77 44 10 81 ...... 30 53 44 79 46 24 the east by 80 00 W. long., and on the 8 ...... 32°25′51″ 77°47′43″ 82 ...... 30°52′47″ 79°47′40″ west by 80°03′ W. long.In the Oculina 9 ...... 32°22′40″ 77°52′05″ 83 ...... 30°51′45″ 79°48′16″ Bank HAPC, no person may: 10 ...... 32°20′58″ 77°56′29″ 84 ...... 30°48′36″ 79°49′02″ (i) Use a bottom longline, bottom 11 ...... 32°20′30″ 77°57′50″ 85 ...... 30°45′24″ 79°49′55″ trawl, dredge, pot, or trap. 12 ...... 32°19′53″ 78°00′49″ 86 ...... 30°41′36″ 79°51′31″ (ii) If aboard a fishing vessel, anchor, 13 ...... 32°18′44″ 78°04′35″ 87 ...... 30°38′38″ 79°52′23″ use an anchor and chain, or use a 14 ...... 32°17′35″ 78°07′48″ 88 ...... 30°35′29″ 79°52′54″ ° ′ ″ ° ′ ″ grapple and chain. 15 ...... 32 17 15 78 10 41 89 ...... 30°32′55″ 79°54′19″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ (iii) Fish for rock shrimp or possess 16 ...... 32 15 50 78 14 09 90 ...... 30 31 05 79 55 27 17 ...... 32°15′20″ 78°15′25″ ° ′ ″ ° ′ ″ rock shrimp in or from the area on board 91 ...... 30 28 09 79 56 06 18 ...... 32°12′15″ 78°16′37″ 92 ...... 30°26′57″ 79°56′34″ a fishing vessel. 19 ...... 32°10′26″ 78°18′09″ 93 ...... 30°25′25″ 79°57′36″ (2) Experimental closed area. Within 20 ...... 32°04′42″ 78°21′27″ 94 ...... 30°23′03″ 79°58′25″ the Oculina Bank HAPC, the 21 ...... 32°03′41″ 78°24′07″ 95 ...... 30°21′27″ 79°59′24″ experimental closed area is bounded on 22 ...... 32°04′58″ 78°29′19″ 96 ...... 30°18′22″ 80°00′09″ the north by 27°53′ N. lat., on the south 23 ...... 32°06′59″ 78°30′48″ 97 ...... 30°16′34″ 80°00′33″ by 27°30′ N. lat., on the east by 79°56′ 24 ...... 32°09′27″ 78°31′31″ 98 ...... 30°14′55″ 80°00′23″ W. long., and on the west by 80°00’ W. 25 ...... 32°11′23″ 78°32′47″ 99 ...... 30°12′36″ 80°01′44″ ° ′ ″ ° ′ ″ long. No person may fish for South 26 ...... 32 13 09 78 34 04 100 ...... 30°12′00″ 80°01′49″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ Atlantic snapper-grouper in the 27 ...... 32 14 08 78 34 36 101 ...... 30 06 52 80 01 58 28 ...... 32°12′48″ 78°36′34″ ° ′ ″ ° ′ ″ experimental closed area, and no person 102 ...... 29 59 16 80 04 11 29 ...... 32°13′07″ 78°39′07″ 103 ...... 29°49′12″ 80°05′44″ may retain South Atlantic snapper- 30 ...... 32°14′17″ 78°40′01″ 104 ...... 29°43′59″ 80°06′24″ grouper in or from the area. In the 31 ...... 32°16′20″ 78°40′18″ 105 ...... 29°38′37″ 80°06′53″ experimental closed area, any South 32 ...... 32°16′33″ 78°42′32″ 106 ...... 29°36′54″ 80°07′18″ Atlantic snapper-grouper taken 33 ...... 32°14′26″ 78°43′23″ 107 ...... 29°31′59″ 80°07′32″ incidentally by hook-and-line gear must 34 ...... 32°11′14″ 78°45′42″ 108 ...... 29°29′14″ 80°07′18″

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Point North lat. West long. (B) The outer boundary of the EEZ in Point North lat. West long. a northerly direction from Point 182 to 109 ...... 29°21′48″ 80°05′01″ the Origin. 11 ...... 29°20′25″ 80°03′11″ 110 ...... 29°20′25″ 80°04′29″ (iv) Pourtales Terrace is bounded 12 ...... 29°21′48″ 80°03′52″ 111 ...... 29°08′00″ 79°59′43″ 13 ...... 29°29′14″ 80°06′08″ ° ′ ″ ° ′ ″ by— ° ′ ″ ° ′ ″ 112 ...... 29 06 56 79 59 07 (A) Rhumb lines connecting, in order, 14 ...... 29 31 59 80 06 23 113 ...... 29°05′59″ 79°58′44″ 15 ...... 29°36′54″ 80°06′00″ 114 ...... 29°03′34″ 79°57′37″ the following points: 16 ...... 29°38′37″ 80°05′43″ 115 ...... 29°02′11″ 79°56′59″ 17 ...... 29°43′59″ 80°05′14″ 116 ...... 29°00′00″ 79°55′32″ Point North lat. West long. 18 ...... 29°49′12″ 80°04′35″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 117 ...... 28 56 55 79 54 22 ° ′ ″ ° ′ ″ 19 ...... 29 59 16 80 03 01 118 ...... 28°55′00″ 79°53′31″ Origin .. 24 20 12 80 43 50 20 ...... 30°06′52″ 80°00′46″ ° ′ ″ ° ′ ″ 119 ...... 28°53′35″ 79°52′51″ 1 ...... 24 33 42 80 34 23 21 ...... 30°12′00″ 80°00′42″ ° ′ ″ ° ′ ″ 120 ...... 28°51′47″ 79°52′07″ 2 ...... 24 37 45 80 31 20 Origin .. 30°12′00″ 80°01′49″ ° ′ ″ ° ′ ″ 121 ...... 28°50′25″ 79°51′27″ 3 ...... 24 47 18 80 23 08 ° ′ ″ ° ′ ″ 122 ...... 28°49′53″ 79°51′20″ 4 ...... 24 51 08 80 27 58 (ii) Shrimp access area B is bounded 5 ...... 24°42′52″ 80°35′51″ 123 ...... 28°49′01″ 79°51′20″ by rhumb lines connecting, in order, the ° ′ ″ ° ′ ″ 6 ...... 24°29′44″ 80°49′45″ 124 ...... 28 48 19 79 51 10 following points: 125 ...... 28°47′13″ 79°50′59″ 7 ...... 24°15′04″ 81°07′52″ 126 ...... 28°43′30″ 79°50′36″ 8 ...... 24°10′55″ 80°58′11″ Point North lat. West long. 127 ...... 28°41′05″ 79°50′04″ ° ′ ″ ° ′ ″ 128 ...... 28 40 27 79 50 07 (B) The outer boundary of the EEZ in ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ Origin .. 29 08 00 79 59 43 129 ...... 28 39 50 79 49 56 a northerly direction from Point 8 to the ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 1 ...... 29 06 56 79 59 07 130 ...... 28 39 04 79 49 58 Origin. ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 2 ...... 29 05 59 79 58 44 131 ...... 28 36 43 79 49 35 ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ (v) Blake Ridge Diapir is bounded by 3 ...... 29 03 34 79 57 37 132 ...... 28 35 01 79 49 24 ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ rhumb lines connecting, in order, the 4 ...... 29 02 11 79 56 59 133 ...... 28 30 37 79 48 35 ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ following points: 5 ...... 29 00 00 79 55 32 134 ...... 28 14 00 79 46 20 ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 6 ...... 28 56 55 79 54 22 135 ...... 28 11 41 79 46 12 ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ Point North lat. West long. 7 ...... 28 55 00 79 53 31 136 ...... 28 08 02 79 45 45 ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 8 ...... 28 53 35 79 52 51 137 ...... 28 01 20 79 45 20 ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ Origin .. 32°32′28″ 76°13′16″ 9 ...... 28 51 47 79 52 07 138 ...... 27 58 13 79 44 51 ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 1 ...... 32°30′44″ 76°13′24″ 10 ...... 28 50 25 79 51 27 139 ...... 27 56 23 79 44 53 ° ′ ″ ° ′ ″ 2 ...... 32°30′37″ 76°11′21″ 11 ...... 28 49 53 79 51 20 140 ...... 27°49′40″ 79°44′25″ ° ′ ″ ° ′ ″ 3 ...... 32°32′21″ 76°11′13″ 12 ...... 28 49 01 79 51 20 141 ...... 27°46′27″ 79°44′22″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ Origin .. 32°32′28″ 76°13′16″ 13 ...... 28 48 19 79 51 10 142 ...... 27 42 00 79 44 33 14 ...... 28°47′13″ 79°50′59″ 143 ...... 27°36′08″ 79°44′58″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 15 ...... 28 43 30 79 50 36 144 ...... 27 30 00 79 45 29 (2) Restrictions. In the Deepwater 16 ...... 28°41′05″ 79°50′04″ 145 ...... 27°29′04″ 79°45′47″ Coral HAPCs specified in paragraph ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 17 ...... 28 40 27 79 50 07 146 ...... 27 27 05 79 45 54 (c)(1) of this section, no person may: 18 ...... 28°39′50″ 79°49′56″ 147 ...... 27°25′47″ 79°45′57″ (i) Use a bottom longline, trawl (mid- ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 19 ...... 28 39 04 79 49 58 148 ...... 27 19 46 79 45 14 20 ...... 28°36′43″ 79°49′35″ ° ′ ″ ° ′ ″ water or bottom), dredge, pot, or trap. 149 ...... 27 17 54 79 45 12 21 ...... 28°35′01″ 79°49′24″ ° ′ ″ ° ′ ″ (ii) If aboard a fishing vessel, anchor, 150 ...... 27 12 28 79 45 00 22 ...... 28°30′37″ 79°48′35″ ° ′ ″ ° ′ ″ use an anchor and chain, or use a 151 ...... 27 07 45 79 46 07 23 ...... 28°30′37″ 79°47′27″ ° ′ ″ ° ′ ″ grapple and chain. 152 ...... 27 04 47 79 46 29 24 ...... 28°35′01″ 79°48′16″ ° ′ ″ ° ′ ″ (iii) Fish for coral or possess coral in 153 ...... 27 00 43 79 46 39 25 ...... 28°36′43″ 79°48′27″ ° ′ ″ ° ′ ″ 154 ...... 26 58 43 79 46 28 or from the Deepwater Coral HAPC on 26 ...... 28°39′04″ 79°48′50″ ° ′ ″ ° ′ ″ 155 ...... 26 57 06 79 46 32 board a fishing vessel. 27 ...... 28°39′50″ 79°48′48″ ° ′ ″ ° ′ ″ 156 ...... 26 49 58 79 46 54 (3) Shrimp fishery access areas. The 28 ...... 28°40′27″ 79°48′58″ 157 ...... 26°48′58″ 79°46′56″ provisions of paragraph (c)(2)(i) of this 29 ...... 28°41′05″ 79°48′56″ 158 ...... 26°47′01″ 79°47′09″ 30 ...... 28°43′30″ 79°49′28″ ° ′ ″ ° ′ ″ section notwithstanding, an owner or 159 ...... 26 46 04 79 47 09 operator of a vessel for which a valid 31 ...... 28°47′13″ 79°49′51″ 160 ...... 26°35′09″ 79°48′01″ 32 ...... 28°48′19″ 79°50′01″ 161 ...... 26°33′37″ 79°48′21″ commercial vessel permit for rock ° ′ ″ ° ′ ″ shrimp (South Atlantic EEZ) has been 33 ...... 28 49 01 79 50 13 162 ...... 26°27′56″ 79°49′09″ 34 ...... 28°49′53″ 79°50′12″ 163 ...... 26°25′55″ 79°49′30″ issued may trawl for shrimp in the 35 ...... 28°50′25″ 79°50′17″ 164 ...... 26°21′05″ 79°50′03″ following portions of the Stetson-Miami 36 ...... 28°51′47″ 79°50′58″ 165 ...... 26°20′30″ 79°50′20″ Terrace Deepwater Coral HAPC: 37 ...... 28°53′35″ 79°51′43″ 166 ...... 26°18′56″ 79°50′17″ (i) Shrimp access area A is bounded 38 ...... 28°55′00″ 79°52′22″ 167 ...... 26°16′19″ 79°54′06″ by rhumb lines connecting, in order, the 39 ...... 28°56′55″ 79°53′14″ ° ′ ″ ° ′ ″ 168 ...... 26 13 48 79 54 48 following points: 40 ...... 29°00′00″ 79°54′24″ 169 ...... 26°12′19″ 79°55′37″ 41 ...... 29°02′11″ 79°55′50″ 170 ...... 26°10′57″ 79°57′05″ ° ′ ″ ° ′ ″ Point North lat. West long. 42 ...... 29 03 34 79 56 29 171 ...... 26°09′17″ 79°58′45″ 43 ...... 29°05′59″ 79°57′35″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 172 ...... 26 07 11 80 00 22 Origin .. 30°12′00″ 80°01′49″ 44 ...... 29 06 56 79 57 59 ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 173 ...... 26 06 12 80 00 33 1 ...... 30°06′52″ 80°01′58″ 45 ...... 29 08 00 79 58 34 174 ...... 26°03′26″ 80°01′02″ ° ′ ″ ° ′ ″ 2 ...... 29°59′16″ 80°04′11″ Origin .. 29 08 00 79 59 43 175 ...... 26°00′35″ 80°01′13″ 3 ...... 29°49′12″ 80°05′44″ 176 ...... 25°49′10″ 80°00′38″ 4 ...... 29°43′59″ 80°06′24″ (iii) Shrimp access area C is bounded 177 ...... 25°48′30″ 80°00′23″ 5 ...... 29°38′37″ 80°06′53″ by rhumb lines connecting, in order, the 178 ...... 25°46′42″ 79°59′14″ 6 ...... 29°36′54″ 80°07′18″ 179 ...... 25°27′28″ 80°02′26″ following points: 7 ...... 29°31′59″ 80°07′32″ 180 ...... 25°24′06″ 80°01′44″ 8 ...... 29°29′14″ 80°07′18″ 181 ...... 25°21′04″ 80°01′27″ Point North lat. West long. 9 ...... 29°21′48″ 80°05′01″ 182 ...... 25°21′04″ 79°42′04″ 10 ...... 29°20′25″ 80°04′29″ Origin .. 28°14′00″ 79°46′20″

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

1 ...... 28°11′41″ 79°46′12″ 21 ...... 26°49′58″ 79°45′13″ Origin .. 26°58′45″ 79°35′05″ 2 ...... 28°08′02″ 79°45′45″ Origin .. 26°49′58″ 79°46′54″ 1 ...... 27°00′39″ 79°36′26″ 3 ...... 28°01′20″ 79°45′20″ 2 ...... 27°07′55″ 79°37′52″ ° ′ ″ ° ′ ″ 4 ...... 27 58 13 79 44 51 (4) Golden crab fishery access areas. 3 ...... 27°14′52″ 79°37′09″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 5 ...... 27 56 23 79 44 53 The provisions of paragraphs (c)(2)(i) 4 ...... 27 29 21 79 37 15 6 ...... 27°49′40″ 79°44′25″ 5 ...... 28°00′00″ 79°38′16″ 7 ...... 27°46′27″ 79°44′22″ and (ii) of this section notwithstanding, 6 ...... 28°00′00″ 79°43′59″ 8 ...... 27°42′00″ 79°44′33″ an owner or operator of a vessel for 7 ...... 27°58′13″ 79°43′43″ 9 ...... 27°36′08″ 79°44′58″ which a valid commercial permit for 8 ...... 27°56′23″ 79°43′45″ 10 ...... 27°30′00″ 79°45′29″ South Atlantic golden crab has been 9 ...... 27°49′40″ 79°43′17″ 11 ...... 27°29′04″ 79°45′47″ issued may use a trap to fish for golden 10 ...... 27°46′27″ 79°43′14″ 12 ...... 27°27′05″ 79°45′54″ 11 ...... 27°42′00″ 79°43′25″ ° ′ ″ ° ′ ″ crab and use a grapple and chain while 13 ...... 27 25 47 79 45 57 12 ...... 27°36′08″ 79°43′50″ ° ′ ″ ° ′ ″ engaged in such fishing in the following 14 ...... 27 19 46 79 45 14 13 ...... 27°30′00″ 79°44′22″ ° ′ ″ ° ′ ″ portions of the Stetson-Miami Terrace 15 ...... 27 17 54 79 45 12 14 ...... 27°30′00″ 79°43′48″ ° ′ ″ ° ′ ″ and the Pourtales Terrace Deepwater 16 ...... 27 12 28 79 45 00 15 ...... 27°29′04″ 79°44′06″ ° ′ ″ ° ′ ″ 17 ...... 27 07 45 79 46 07 Coral HAPCs. Access to an area 16 ...... 27°27′05″ 79°44′12″ ° ′ ″ ° ′ ″ 18 ...... 27 04 47 79 46 29 specified in paragraph (c)(4)(i) through 17 ...... 27°25′47″ 79°44′15″ ° ′ ″ ° ′ ″ 19 ...... 27 00 43 79 46 39 (v) of this section is contingent on that 18 ...... 27°19′46″ 79°43′33″ ° ′ ″ ° ′ ″ 20 ...... 26 58 43 79 46 28 zone being authorized on the vessel’s 19 ...... 27°17′54″ 79°43′31″ 21 ...... 26°57′06″ 79°46′32″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ permit for South Atlantic golden crab. 20 ...... 27 12 28 79 43 19 22 ...... 26 57 06 79 44 52 See § 622.241(b) for specification of 21 ...... 27°07′45″ 79°44′26″ 23 ...... 26°58′43″ 79°44′47″ zones. 22 ...... 27°04′47″ 79°44′48″ 24 ...... 27°00′43″ 79°44′58″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ (i) Golden crab northern zone access 23 ...... 27 00 43 79 44 58 25 ...... 27 04 47 79 44 48 24 ...... 26°58′43″ 79°44′47″ 26 ...... 27°07′45″ 79°44′26″ area is bounded by rhumb lines ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 25 ...... 26 57 06 79 44 52 27 ...... 27 12 28 79 43 19 connecting, in order, the following 26 ...... 26°57′06″ 79°42′34″ 28 ...... 27°17′54″ 79°43′31″ points: 27 ...... 26°49′58″ 79°42′34″ 29 ...... 27°19′46″ 79°43′33″ 28 ...... 26°49′58″ 79°45′13″ 30 ...... 27°25′47″ 79°44′15″ Point North lat. West long. 29 ...... 26°48′58″ 79°45′15″ 31 ...... 27°27′05″ 79°44′12″ 30 ...... 26°47′01″ 79°45′28″ 32 ...... 27°29′04″ 79°44′06″ ° ′ ″ ° ′ ″ Origin .. 29 00 00 79 54 24 31 ...... 26°46′04″ 79°45′28″ 33 ...... 27°30′00″ 79°43′48″ ° ′ ″ ° ′ ″ 1 ...... 28 56 55 79 53 14 32 ...... 26°35′09″ 79°46′20″ 34 ...... 27°30′00″ 79°44′22″ ° ′ ″ ° ′ ″ 2 ...... 28 55 00 79 52 22 33 ...... 26°33′37″ 79°46′40″ 35 ...... 27°36′08″ 79°43′50″ ° ′ ″ ° ′ ″ 3 ...... 28 53 35 79 51 43 34 ...... 26°27′56″ 79°47′29″ 36 ...... 27°42′00″ 79°43′25″ ° ′ ″ ° ′ ″ 4 ...... 28 51 47 79 50 58 35 ...... 26°25′55″ 79°47′49″ 37 ...... 27°46′27″ 79°43′14″ ° ′ ″ ° ′ ″ 5 ...... 28 50 25 79 50 17 36 ...... 26°21′05″ 79°48′08″ 38 ...... 27°49′40″ 79°43′17″ ° ′ ″ ° ′ ″ 6 ...... 28 49 53 79 50 12 37 ...... 26°20′30″ 79°48′40″ 39 ...... 27°56′23″ 79°43′45″ ° ′ ″ ° ′ ″ 7 ...... 28 49 01 79 50 13 38 ...... 26°18′56″ 79°48′37″ 40 ...... 27°58′13″ 79°43′43″ ° ′ ″ ° ′ ″ 8 ...... 28 48 19 79 50 01 39 ...... 26°03′38″ 79°48′16″ 41 ...... 28°01′20″ 79°44′11″ ° ′ ″ ° ′ ″ 9 ...... 28 47 13 79 49 51 40 ...... 26°03′35″ 79°46′09″ 42 ...... 28°04′42″ 79°44′25″ ° ′ ″ ° ′ ″ 10 ...... 28 43 30 79 49 28 41 ...... 25°58′33″ 79°46′08″ 43 ...... 28°08′02″ 79°44′37″ ° ′ ″ ° ′ ″ 11 ...... 28 41 05 79 48 56 42 ...... 25°54′27″ 79°45′37″ 44 ...... 28°11′41″ 79°45′04″ ° ′ ″ ° ′ ″ 12 ...... 28 40 27 79 48 58 43 ...... 25°46′55″ 79°44′14″ 45 ...... 28°14′00″ 79°45′12″ ° ′ ″ ° ′ ″ 13 ...... 28 39 50 79 48 48 44 ...... 25°38′04″ 79°45′58″ Origin .. 28°14′00″ 79°46′20″ ° ′ ″ ° ′ ″ 14 ...... 28 39 04 79 48 50 45 ...... 25°38′05″ 79°42′27″ 15 ...... 28°36′43″ 79°48′27″ (iv) Shrimp access area D is bounded ° ′ ″ ° ′ ″ 16 ...... 28 35 01 79 48 16 (B) The outer boundary of the EEZ in by rhumb lines connecting, in order, the 17 ...... 28°30′37″ 79°47′27″ following points: 18 ...... 28°30′37″ 79°42′12″ a northerly direction from Point 45 to 19 ...... 28°14′00″ 79°40′54″ Point 46. Point North lat. West long. 20 ...... 28°14′00″ 79°45′12″ (C) Rhumb lines connecting, in order, 21 ...... 28°11′41″ 79°45′04″ the following points: Origin .. 26°49′58″ 79°46′54″ 22 ...... 28°08′02″ 79°44′37″ 1 ...... 26°48′58″ 79°46′56″ 23 ...... 28°04′42″ 79°44′25″ Point North lat. West long. 2 ...... 26°47′01″ 79°47′09″ 24 ...... 28°01′20″ 79°44′11″ 3 ...... 26°46′04″ 79°47′09″ 25 ...... 28°00′00″ 79°43′59″ 46 ...... 26°07′49″ 79°36′07″ 4 ...... 26°35′09″ 79°48′01″ 26 ...... 28°00′00″ 79°38′16″ 47 ...... 26°17′36″ 79°36′06″ 5 ...... 26°33′37″ 79°48′21″ 27 ...... 28°11′42″ 79°38′13″ 48 ...... 26°21′18″ 79°38′04″ 6 ...... 26°27′56″ 79°49′09″ 28 ...... 28°23′02″ 79°38′57″ 49 ...... 26°50′46″ 79°35′12″ 7 ...... 26°25′55″ 79°49′30″ 29 ...... 28°36′50″ 79°40′25″ 50 ...... 26°50′40″ 79°33′45″ 8 ...... 26°21′05″ 79°50′03″ 30 ...... 28°38′33″ 79°41′33″ 9 ...... 26°20′30″ 79°50′20″ 31 ...... 28°38′20″ 79°43′04″ (D) The outer boundary of the EEZ in 10 ...... 26°18′56″ 79°50′17″ 32 ...... 28°41′00″ 79°43′39″ a northerly direction from Point 50 to ° ′ ″ ° ′ ″ 11 ...... 26 18 56 79 48 37 33 ...... 28°48′16″ 79°44′32″ the Origin. 12 ...... 26°20′30″ 79°48′40″ 34 ...... 28°54′29″ 79°45′55″ 13 ...... 26°21′05″ 79°48′08″ ° ′ ″ ° ′ ″ (iii) Golden crab middle zone access 35 ...... 29 00 00 79 45 50 area B is bounded by rhumb lines 14 ...... 26°25′55″ 79°47′49″ Origin .. 29°00′00″ 79°54′24″ 15 ...... 26°27′56″ 79°47′29″ connecting, in order, the following 16 ...... 26°33′37″ 79°46′40″ points: 17 ...... 26°35′09″ 79°46′20″ (ii) Golden crab middle zone access 18 ...... 26°46′04″ 79°45′28″ area A is bounded by— Point North lat. West long. 19 ...... 26°47′01″ 79°45′28″ (A) Rhumb lines connecting, in order, 20 ...... 26°48′58″ 79°45′15″ the following points: Origin .. 25°49′10″ 80°00′38″

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Point North lat. West long. (C) Must be nontoxic. the South Atlantic Region, the RA may (D) Must be placed on the site by establish or modify the following: 1 ...... 25°48′30″ 80°00′23″ hand or lowered completely to the (a) South Atlantic coral, coral reefs, 2 ...... 25°46′42″ 79°59′14″ bottom under restraint, that is, not and live/hard bottom habitats. 3 ...... 25°27′28″ 80°02′26″ allowed to fall freely. Definitions of essential fish habitat and ° ′ ″ ° ′ ″ 4 ...... 25 24 06 80 01 44 (E) Must be placed from a vessel that essential fish habitat HAPCs or Coral 5 ...... 25°21′04″ 80°01′27″ ° ′ ″ ° ′ ″ is anchored. HAPCs. 6 ...... 25 21 04 79 58 12 (b) [Reserved] 7 ...... 25°23′25″ 79°58′19″ (F) Must be geologically 8 ...... 25°32′52″ 79°54′48″ distinguishable from the naturally § 622.228 Prohibitions. ° ′ ″ ° ′ ″ occurring substrate and, in addition, 9 ...... 25 36 58 79 54 46 In addition to the prohibitions in 10 ...... 25°37′20″ 79°56′20″ may be indelibly marked or tagged. 11 ...... 25°49′11″ 79°56′00″ (iii) A minimum setback of at least 50 § 600.725 of this chapter and the general Origin .. 25°49′10″ 80°00′38″ ft (15.2 m) must be maintained from prohibitions in § 622.13, it is unlawful natural vegetated or hard bottom for any person to violate any provisions (iv) Golden crab middle zone access habitats. of §§ 622.220 through 622.227. area C is bounded by— (3) Mechanically dredging or drilling, Subpart L—Golden Crab Fishery of the (A) Rhumb lines connecting, in order, or otherwise disturbing, aquacultured South Atlantic Region the following points: live rock is prohibited, and aquacultured live rock may be harvested § 622.240 Permits. Point North lat. West long. only by hand. (a) Commercial vessel permits. For a (4) The following activities are also Origin .. 25°33′32″ 79°42′18″ person aboard a vessel to fish for golden 1 ...... 25°33′32″ 79°47′14″ prohibited: Chipping of aquacultured crab in the South Atlantic EEZ, possess 2 ...... 25°21′04″ 79°53′45″ live rock in the EEZ, possession of golden crab in or from the South 3 ...... 25°21′04″ 79°42′04″ chipped aquacultured live rock in or Atlantic EEZ, off-load golden crab from from the EEZ, removal of allowable the South Atlantic EEZ, or sell golden (B) The outer boundary of the EEZ in octocoral or prohibited coral from crab in or from the South Atlantic EEZ, a northerly direction from Point 3 to the aquacultured live rock in or from the a commercial vessel permit for golden Origin. EEZ, and possession of prohibited coral crab must be issued to the vessel and (v) Golden crab southern zone access not attached to aquacultured live rock or must be on board. It is a rebuttable area is bounded by— allowable octocoral, while aquacultured presumption that a golden crab on board (A) Rhumb lines connecting, in order, live rock is in possession. See the a vessel in the South Atlantic or off- the following points: definition of ‘‘Allowable octocoral’’ for loaded from a vessel in a port adjoining clarification of the distinction between the South Atlantic was harvested from Point North lat. West long. allowable octocoral and live rock. For the South Atlantic EEZ. See § 622.241 the purposes of this paragraph (a)(4), for limitations on the use, transfer, and Origin .. 24°14′07″ 80°53′27″ chipping means breaking up reefs, renewal of a commercial vessel permit ° ′ ″ ° ′ ″ 1 ...... 24 13 46 81 04 54 ledges, or rocks into fragments, usually for golden crab. 2 ...... 24°10′55″ 80°58′11″ by means of a chisel and hammer. (b) Dealer permits and conditions—(1) (5) Not less than 24 hours prior to Permits. For a dealer to receive South (B) The outer boundary of the EEZ in harvest of aquacultured live rock, the Atlantic golden crab harvested from the a northerly direction from Point 2 to the owner or operator of the harvesting South Atlantic EEZ, a dealer permit for Origin. vessel must provide the following South Atlantic golden crab, § 622.225 Harvest limitations. information to the NMFS Office for Law respectively, must be issued to the (a) Aquacultured live rock. In the Enforcement, Southeast Region, St. dealer. (2) State license and facility South Atlantic EEZ: Petersburg, FL, by telephone (727–824– requirements. To obtain a dealer permit, (1) Aquacultured live rock may be 5344): the applicant must have a valid state harvested only under a permit, as (i) Permit number of site to be wholesaler’s license in the state(s) required under § 622.220(a)(3), and harvested and date of harvest. where the dealer operates, if required by aquacultured live rock on a site may be (ii) Name and official number of the such state(s), and must have a physical harvested only by the person, or his or vessel to be used in harvesting. facility at a fixed location in such her employee, contractor, or agent, who (iii) Date, port, and facility at which state(s). has been issued the aquacultured live aquacultured live rock will be landed. (c) Permit procedures. See § 622.4 for rock permit for the site. A person (b) [Reserved] information regarding general permit harvesting aquacultured live rock is § 622.226 Restrictions on sale/purchase. procedures including, but not limited to exempt from the prohibition on taking (a) South Atlantic wild live rock. Wild application, fees, duration, transfer, prohibited coral for such prohibited live rock in or from the South Atlantic renewal, display, sanctions and denials, coral as attaches to aquacultured live EEZ may not be sold or purchased. The and replacement. rock. prohibition on sale or purchase does not (2) The following restrictions apply to apply to wild live rock from the South § 622.241 South Atlantic golden crab controlled access. individual aquaculture activities: Atlantic EEZ that was harvested and (i) No aquaculture site may exceed 1 landed prior to January 1, 1996. (a) General. In accordance with the acre (0.4 ha) in size. (b) [Reserved] procedures specified in the Fishery (ii) Material deposited on the Management Plan for the Golden Crab aquaculture site— § 622.227 Adjustment of management Fishery of the South Atlantic Region, (A) May not be placed over naturally measures. initial commercial vessel permits have occurring reef outcrops, limestone In accordance with the framework been issued for the fishery. All permits ledges, coral reefs, or vegetated areas. procedures of the FMP for Coral, Coral in the fishery are issued on a fishing- (B) Must be free of contaminants. Reefs, and Live/Hard Bottom Habitats of year (calendar-year) basis. No additional

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permits may be issued except for the is established bounded on the north by maintain a fishing record on a form northern zone as follows: 24°15′ N. lat., on the south by 24°07′ N. available from the SRD. (1) The RA will issue up to two new lat., on the east by 81°22′ W. long., and (2) Reporting forms required in vessel permits for the northern zone. on the west by 81°56′ W. long. No vessel paragraph (a)(1) of this section must be Selection will be made from the list of with a documented length overall submitted to the SRD postmarked not historical participants in the South greater than 65 ft (19.8 m) may fish for later than 30 days after sale of the Atlantic golden crab fishery. Such list golden crab in this sub-zone, and a golden crab offloaded from a trip. If no was used at the October 1995 meeting vessel with a documented length overall fishing occurred during a calendar of the South Atlantic Fishery of 65 ft (19.8 m) or less that is permitted month, a report so stating must be Management Council and was for the southern zone may fish for submitted on one of the forms prioritized based on pounds of golden golden crab only in this sub-zone. postmarked not later than 7 days after crab landed, without reference to a (4) Procedure for changing zones. the end of that month. Information to be specific zone. Individuals on the list Upon request from an owner of a reported is indicated on the form and its who originally received permits will be permitted vessel, the RA will change the accompanying instructions. deleted from the list. zone specified on a permit from the (b) Dealers. A dealer who receives (2) The RA will offer in writing an middle or southern zone to the northern from a fishing vessel golden crab opportunity to apply for a permit for the zone. No other changes in the zone harvested from the South Atlantic EEZ northern zone to the individuals highest specified on a permit are allowed. An and who is selected by the SRD must on the list until two individuals accept owner of a permitted vessel who desires provide information on receipts of, and and apply in a timely manner. An offer a change to the northern zone must prices paid for, South Atlantic golden that is not accepted within 30 days after submit his/her request with the existing crab to the SRD at monthly intervals, it is received will no longer be valid. permit to the RA. postmarked not later than 5 days after (3) An application for a permit from (c) Transferring permits between the end of each month. Reporting an individual who accepts the RA’s vessels—(1) Procedure for transferring. frequency and reporting deadlines may offer must be received by the RA no An owner of a vessel who desires a be modified upon notification by the later than 30 days after the date of the golden crab permit may request that SRD. individual’s acceptance. Application NMFS transfer an existing permit or forms are available from the RA. permits to his or her vessel by returning § 622.243 Gear identification. (4) A vessel permit for the northern an existing permit or permits to the RA (a) Golden crab traps and associated zone issued under paragraph (a)(1) of with an application for a permit for the buoys—(1) Golden crab traps. A golden this section, and any successor permit, replacement vessel. crab trap used or possessed in the South may not be changed to another zone. A (2) Vessel size limitations on Atlantic EEZ or on board a vessel with successor permit includes a permit transferring. (i) To obtain a permit for a commercial permit for golden crab issued to that vessel for a subsequent the middle or southern zone via must have the commercial vessel permit owner and a permit issued via transfer transfer, the documented length overall number permanently affixed so as to be from that vessel to another vessel. of the replacement vessel may not easily distinguished, located, and (b) Fishing zones—(1) Designation of exceed the documented length overall, identified; an identification tag issued fishing zones. The South Atlantic EEZ is or aggregate documented lengths by the RA may be used for this purpose divided into three fishing zones for overall, of the replaced vessel(s) by but is not required. golden crab as follows: more than 20 percent. The owner of a (2) Associated buoys. In the South (i) Northern zone—the South Atlantic vessel permitted for the middle or Atlantic EEZ, buoys are not required to EEZ north of 28° N. lat. southern zone who has requested that be used, but, if used, each buoy must (ii) Middle zone—the South Atlantic NMFS transfer that permit to a smaller display the official number assigned by EEZ from 28° N. lat. to 25° N. lat. vessel (i.e., downsized) may the RA so as to be easily distinguished, (iii) Southern zone—the South subsequently request NMFS transfer located, and identified. ° Atlantic EEZ south of 25 N. lat. that permit to a vessel of a length (3) Presumption of ownership. A (2) Authorization to fish in zones. calculated from the length of the golden crab trap in the EEZ will be Each vessel permit indicates one of the permitted vessel immediately prior to presumed to be the property of the most zones specified in paragraph (b)(1) of downsizing. recently documented owner. This this section. A vessel with a permit to (ii) There are no vessel size presumption will not apply with respect fish for golden crab in the northern zone limitations to obtain a permit for the to such traps that are lost or sold if the or the middle zone may fish only in that northern zone via transfer. owner reports the loss or sale within 15 zone. A vessel with a documented (d) Permit renewal. NMFS will not days to the RA. length overall greater than 65 ft (19.8 m) renew a commercial vessel permit for (4) Unmarked golden crab traps. An with a permit to fish for golden crab in South Atlantic golden crab if the permit unmarked golden crab trap or a buoy the southern zone may fish in that zone, is revoked or if the RA does not receive deployed in the EEZ where such trap or consistent with the provisions of a required application for renewal buoy is required to be marked is illegal paragraph (b)(3) of this section. A vessel within 6 months after the permit’s and may be disposed of in any may possess golden crab only in a zone expiration. See § 622.4(g) for the appropriate manner by the Assistant in which it is authorized to fish, except applicable general procedures and Administrator or an authorized officer. that other zones may be transited if the requirements for permit renewals. (b) [Reserved] vessel notifies NMFS Office for Law Enforcement, Southeast Region, St. § 622.242 Recordkeeping and reporting. § 622.244 At-sea observer coverage. Petersburg, FL, by telephone (727–824– (a) Commercial vessel owners and (a) Required coverage. A vessel for 5344) in advance and does not fish in operators. (1) The owner or operator of which a Federal commercial permit for a zone in which it is not authorized to a vessel for which a commercial permit golden crab has been issued must carry fish. for golden crab has been issued, as a NMFS-approved observer, if the (3) Small-vessel sub-zone. Within the required under § 622.240(a), who is vessel’s trip is selected by the SRD for southern zone, a small-vessel sub-zone selected to report by the SRD must observer coverage.

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(b) Notification to the SRD. When Atlantic EEZ or possessing a golden crab (i) A golden crab trap constructed of observer coverage is required, an owner trap in the South Atlantic. Only the webbing must have an opening (slit) at or operator must advise the SRD in head, fins, and backbone (collectively least 1 ft (30.5 cm) long that may be writing not less than 5 days in advance the ‘‘rack’’) of South Atlantic snapper- closed (relaced) only with untreated of each trip of the following: grouper may be possessed for use as cotton string no larger than 3⁄16 inch (1) Departure information (port, dock, bait. (0.48 cm) in diameter. date, and time). (ii) A golden crab trap constructed of § 622.246 Area closures. (2) Expected landing information material other than webbing must have (port, dock, and date). (a) Golden crab trap closed areas. In an escape panel or door measuring at the golden crab northern zone, a golden 7 7 (c) Observer accommodations and least 11 ⁄8 by 11 ⁄8 inches (30.2 by 30.2 access. An owner or operator of a vessel crab trap may not be deployed in waters cm), located on at least one side, on which a NMFS-approved observer is less than 900 ft (274 m) deep. In the excluding top and bottom. The hinges or embarked must: golden crab middle and southern zones, fasteners of such door or panel must be (1) Provide accommodations and food a golden crab trap may not be deployed made of either ungalvanized or that are equivalent to those provided to in waters less than 700 ft (213 m) deep. uncoated iron wire no larger than 19 the crew. See § 622.241(b)(1) for specification of gauge (0.04 inch (1.0 mm) in diameter) (2) Allow the observer access to and the golden crab zones. or untreated cotton string no larger than (b) [Reserved] use of the vessel’s communications 3⁄16 inch (4.8 mm) in diameter. equipment and personnel upon request § 622.247 Landing golden crab intact. (2) [Reserved] for the transmission and receipt of The operator of a vessel that fishes in (c) Restriction on tending traps. A messages related to the observer’s the EEZ is responsible for ensuring that golden crab trap in the South Atlantic duties. golden crab on that vessel in the EEZ are EEZ may be pulled or tended only by a (3) Allow the observer access to and person (other than an authorized officer) use of the vessel’s navigation equipment maintained intact and, if taken from the EEZ, are maintained intact through aboard the vessel permitted to fish such and personnel upon request to pot or trap or aboard another vessel if determine the vessel’s position. offloading ashore. (a) A golden crab in or from the South such vessel has on board written (4) Allow the observer free and Atlantic EEZ must be maintained in consent of the owner or operator of the unobstructed access to the vessel’s whole condition through landing vessel so permitted. A vessel with bridge, working decks, holding bins, ashore. For the purposes of this written consent on board must also weight scales, holds, and any other paragraph, whole means a crab that is in possess a valid commercial vessel space used to hold, process, weigh, or its natural condition and that has not permit for golden crab. store fish. (5) Allow the observer to inspect and been gutted or separated into § 622.250 Restrictions on sale/purchase. copy the vessel’s log, communications component pieces, e.g., clusters. (b) [Reserved] (a) A female golden crab in or from logs, and any records associated with the South Atlantic EEZ may not be sold the catch and distribution of fish for that § 622.248 Authorized gear. or purchased. trip. (a) Traps. Traps are the only fishing (b) A golden crab harvested in the South Atlantic EEZ on board a vessel § 622.245 Prohibited species. gear authorized in directed fishing for golden crab in the South Atlantic EEZ. that does not have a valid commercial (a) General. The harvest and Golden crab in or from the South permit for golden crab, as required possession restrictions of this section Atlantic EEZ may not be retained on under § 622.240(a), may not be sold or apply without regard to whether the board a vessel possessing or using purchased. species is harvested by a vessel unauthorized gear. (c) A golden crab harvested on board operating under a commercial vessel (b) Buoy line or mainline. Rope is the a vessel that has a valid commercial permit. The operator of a vessel that only material allowed to be used for a permit for golden crab may be sold only fishes in the EEZ is responsible for the buoy line or mainline attached to a to a dealer who has a valid permit for limit applicable to that vessel. golden crab trap. golden crab, as required under (b) Female golden crabs. It is intended § 622.240(b)(1). that no female golden crabs in or from § 622.249 Gear restrictions and (d) A golden crab harvested in the requirements. the South Atlantic EEZ be retained on South Atlantic EEZ may be purchased board a vessel and that any female (a) Maximum trap sizes. A golden by a dealer who has a valid permit for golden crab in or from the South crab trap deployed or possessed in the golden crab, as required under Atlantic EEZ be released in a manner South Atlantic EEZ may not exceed 64 § 622.240(b)(1), only from a vessel that 3 3 that will ensure maximum probability of ft (1.8 m ) in volume in the northern has a valid commercial permit for 3 3 survival. However, to accommodate zone or 48 ft (1.4 m ) in volume in the golden crab. legitimate incidental catch and middle and southern zones. See retention, the number of female golden § 622.241(b)(1) for specification of the § 622.251 Annual catch limits (ACLs), crabs in or from the South Atlantic EEZ golden crab zones. annual catch targets (ACTs), and retained on board a vessel may not (b) Required escape mechanisms for accountability measures (AMs). exceed 0.5 percent, by number, of all traps. (1) A golden crab trap that is used (a) Commercial sector—(1) If golden crabs on board. See § 622.250(a) or possessed in the South Atlantic EEZ commercial landings for golden crab, as regarding the prohibition of sale of must have at least one escape gap or estimated by the SRD, reach or are female golden crabs. escape ring on each of two opposite projected to reach the ACL of 2 million (c) Snapper-grouper aboard a golden vertical sides. The minimum allowable lb (907,185 kg), round weight, the AA crab vessel. South Atlantic snapper- inside dimensions of an escape gap are will file a notification with the Office of grouper may not be possessed in whole, 2.75 by 3.75 inches (7.0 by 9.5 cm); the the Federal Register to close the golden gutted, or filleted form by a person minimum allowable inside diameter of crab fishery for the remainder of the aboard a vessel fishing for or possessing an escape ring is 4.5 inches (11.4 cm). fishing year. On and after the effective golden crab in or from the South In addition to the escape gaps— date of such a notification, all harvest,

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possession, sale or purchase of golden Federal commercial vessel permit in any such state(s), and must have a physical crab in or from the South Atlantic EEZ other fishery, is exempt from the bag facility at a fixed location in such is prohibited. and possession limits for dolphin and state(s). (2) If commercial landings exceed the wahoo and may sell dolphin and (e) Permit procedures. See § 622.4 for ACL, and golden crab are overfished, wahoo, subject to the trip and information regarding general permit based on the most recent Status of U.S. geographical limits specified in procedures including, but not limited to Fisheries Report to Congress, the AA § 622.278(a)(2). (A charter vessel/ application, fees, duration, transfer, will file a notification with the Office of headboat permit is not a commercial renewal, display, sanctions and denials, the Federal Register, at or near the vessel permit.) and replacement. beginning of the following fishing year (b) Charter vessel/headboat permits. to reduce the ACL for that following (1) For a person aboard a vessel that is § 622.271 Recordkeeping and reporting. year by the amount of the overage in the operating as a charter vessel or headboat (a) Commercial vessel owners and prior fishing year. to fish for or possess Atlantic dolphin or operators—(1) Reporting requirement. (b) [Reserved] wahoo, in or from the Atlantic EEZ, a The owner or operator of a vessel for valid charter vessel/headboat permit for which a commercial permit for Atlantic § 622.252 Adjustment of management dolphin and wahoo has been issued, as measures. Atlantic dolphin and wahoo must have been issued to the vessel and must be required under § 622.270(a)(1), or whose In accordance with the framework on board. (See paragraph (c)(1) of this vessel fishes for or lands Atlantic procedures of the FMP for the Golden section for the requirements for operator dolphin or wahoo in or from state Crab Fishery of the South Atlantic permits in the dolphin and wahoo waters adjoining the Atlantic EEZ, who Region, the RA may establish or modify fishery.) is selected to report by the SRD must the following: (2) A charter vessel or headboat may maintain a fishing record on a form (a) South Atlantic golden crab. have both a charter vessel/headboat available from the SRD and must submit Biomass levels, age-structured analyses, permit and a commercial vessel permit. such record as specified in paragraph MSY, ABC, TAC, quotas (including However, when a vessel is operating as (a)(2) of this section. quotas equal to zero), trip limits, a charter vessel or headboat, a person (2) Reporting deadlines. Completed minimum sizes, gear regulations and aboard must adhere to the bag limits. fishing records required by paragraph restrictions, permit requirements, See the definitions of ‘‘Charter vessel’’ (a)(1) of this section must be submitted seasonal or area closures, sub-zones and and ‘‘Headboat’’ in § 622.2 for an to the SRD postmarked not later than 7 their management measures, time frame explanation of when vessels are days after the end of each fishing trip. for recovery of golden crab if overfished, considered to be operating as a charter If no fishing occurred during a calendar fishing year (adjustment not to exceed 2 vessel or headboat, respectively. month, a report so stating must be months), observer requirements, (c) Operator permits. (1) An operator submitted on one of the forms authority for the RA to close the fishery of a vessel that has or is required to have postmarked not later than 7 days after when a quota is reached or is projected a charter vessel/headboat or commercial the end of that month. Information to be to be reached, definitions of essential permit for Atlantic dolphin and wahoo reported is indicated on the form and its fish habitat, and essential fish habitat issued under this section is required to accompanying instructions. HAPCs or Coral HAPCs. have an operator permit. (b) Charter vessel/headboat owners (b) [Reserved] (2) A person required to have an and operators—(1) Reporting § 622.253 Prohibitions. operator permit under paragraph (c)(1) requirement. The owner or operator of In addition to the prohibitions in of this section must carry on board such a vessel for which a charter vessel/ § 600.725 of this chapter and the general permit and one other form of personal headboat permit for Atlantic dolphin prohibitions in § 622.13, it is unlawful identification that includes a picture and wahoo has been issued, as required for any person to violate any provisions (driver’s license, passport, etc.). under § 622.270(b)(1), or whose vessel of §§ 622.240 through 622.252. (3) An owner of a vessel that is fishes for or lands such Atlantic dolphin required to have a permitted operator or wahoo in or from state waters Subpart M—Dolphin and Wahoo under paragraph (c)(1) of this section adjoining the Atlantic EEZ, who is Fishery Off the Atlantic States must ensure that at least one person selected to report by the SRD must with a valid operator permit is aboard maintain a fishing record for each trip, § 622.270 Permits. while the vessel is at sea or offloading. or a portion of such trips as specified by (a) Commercial vessel permits. (1) For (4) An owner of a vessel that is the SRD, on forms provided by the SRD a person aboard a vessel to be eligible required to have a permitted operator and must submit such record as for exemption from the bag and under paragraph (c)(1) of this section specified in paragraph (b)(2) of this possession limits for dolphin or wahoo and the operator of such vessel are section. in or from the Atlantic EEZ or to sell responsible for ensuring that a person (2) Reporting deadlines—(i) Charter such dolphin or wahoo, a commercial whose operator permit is suspended, vessels. Completed fishing records vessel permit for Atlantic dolphin and revoked, or modified pursuant to required by paragraph (b)(1) of this wahoo must be issued to the vessel and subpart D of 15 CFR part 904 is not section for charter vessels must be must be on board, except as provided in aboard that vessel. submitted to the SRD weekly, paragraph (a)(2) of this section. (See (d) Dealer permits. (1) For a dealer to postmarked not later than 7 days after paragraph (c)(1) of this section for the receive dolphin or wahoo harvested the end of each week (Sunday). requirements for operator permits in the from the Atlantic EEZ, a dealer permit Information to be reported is indicated Atlantic dolphin and wahoo fishery). for Atlantic dolphin and wahoo must be on the form and its accompanying (2) The provisions of paragraph (a)(1) issued to the dealer. instructions. of this section notwithstanding, a (2) State license and facility (ii) Headboats. Completed fishing fishing vessel, except a vessel operating requirements. To obtain a dealer permit, records required by paragraph (b)(1) of as a charter vessel or headboat, that does the applicant must have a valid state this section for headboats must be not have a commercial vessel permit for wholesaler’s license in the state(s) submitted to the SRD monthly and must Atlantic dolphin and wahoo but has a where the dealer operates, if required by either be made available to an

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authorized statistical reporting agent or purpose of this paragraph, a vessel is The operator of a vessel that fishes in be postmarked not later than 7 days considered to have pelagic longline gear the EEZ is responsible for ensuring that after the end of each month. Information on board when a power-operated fish on board are in compliance with the to be reported is indicated on the form longline hauler, a mainline, floats size limits specified in this section. and its accompanying instructions. capable of supporting the mainline, and (a) Dolphin in the Atlantic off Florida, (c) Dealers. (1) A dealer who has been leaders (gangions) with hooks are on Georgia, and South Carolina—20 inches issued a permit for Atlantic dolphin and board. Removal of any one of these (50.8 cm), fork length. wahoo, as required under elements constitutes removal of pelagic (b) [Reserved] § 622.270(d)(1), and who is selected by longline gear. the SRD must provide information on (b) [Reserved] § 622.276 Landing fish intact. receipts of Atlantic dolphin and wahoo (a) Dolphin and wahoo in or from the and prices paid on forms available from § 622.274 Pelagic longline closed areas. Atlantic EEZ must be maintained with the SRD. The required information must (a) If pelagic longline gear is on board head and fins intact. Such fish may be be submitted to the SRD at monthly a vessel, a person aboard such vessel eviscerated, gilled, and scaled, but must intervals postmarked not later than 5 may not fish for or retain a dolphin or otherwise be maintained in a whole days after the end of each month. wahoo— condition. Reporting frequencies and reporting (1) In the Northeastern United States (b) The operator of a vessel that fishes deadlines may be modified upon closed area from June 1 through June 30 in the EEZ is responsible for ensuring notification by the SRD. each year. The Northeastern United that fish on that vessel in the EEZ are (2) For the purposes of paragraph States closed area is that portion of the maintained intact and, if taken from the ° ° (c)(1) of this section, in the states from EEZ between 40 N. lat. and 39 N. lat. EEZ, are maintained intact through ° ° Maine through Virginia, or in the waters from 68 W. long. to 74 W. long. offloading ashore, as specified in this off those states, ‘‘SRD’’ means the (2) In the Charleston Bump closed section. area from February 1 through April 30 Science and Research Director, § 622.277 Bag and possession limits. Northeast Fisheries Science Center, each year. The Charleston Bump closed NMFS, (see Table 1 of § 600.502 of this area is that portion of the EEZ off North Section 622.11(a) provides the general chapter), or a designee. Carolina, South Carolina, and Georgia applicability for bag and possession ° ° (3) On demand, a dealer who has been between 34 N. lat. and 31 N. lat. and limits. ° issued a dealer permit for Atlantic west of 76 W. long. (a) Atlantic dolphin and wahoo. Bag dolphin and wahoo, as required under (3) In the East Florida Coast closed and possession limits are as follows: § 622.270(d)(1), must make available to area year round. The East Florida Coast (1) Dolphin—10, not to exceed 60 per an authorized officer all records of closed area is that portion of the EEZ off vessel, whichever is less, except, on offloadings, purchases, or sales of Georgia and the east coast of Florida board a headboat, 10 per paying dolphin and wahoo. from the inner boundary of the EEZ at passenger. 31° N. lat.; thence due east to 78° W. (2) Wahoo—2. § 622.272 Authorized gear. long.; thence by a rhumb line to 28°17′ (b) [Reserved] N. lat., 79°12′ W. long.; thence (a) Atlantic dolphin and wahoo—(1) § 622.278 Commercial trip limits. Authorized gear. The following are the proceeding in a southerly direction only authorized gear types in the along the outer boundary of the EEZ to Commercial trip limits are limits on fisheries for dolphin and wahoo in the 24° N. lat.; thence due west to 24° N. the amount of Atlantic dolphin and Atlantic EEZ: Automatic reel, bandit lat., 81°47′ W. long.; thence due north to wahoo that may be possessed on board gear, handline, pelagic longline, rod and the innermost boundary of the EEZ at or landed, purchased, or sold from a reel, and spearfishing gear (including 81°47′ W. long. vessel per day. A person who fishes in powerheads). A person aboard a vessel (b) A vessel is considered to have the EEZ may not combine a trip limit in the Atlantic EEZ that has on board pelagic longline gear on board when a specified in this section with any trip or gear types other than authorized gear power-operated longline hauler, a possession limit applicable to state types may not possess a dolphin or mainline, floats capable of supporting waters. A species subject to a trip limit wahoo. the mainline, and gangions with hooks specified in this section taken in the (2) [Reserved] are on board. Removal of any one of EEZ may not be transferred at sea, (b) [Reserved] these elements constitutes removal of regardless of where such transfer takes pelagic longline gear. place, and such species may not be § 622.273 Conservation measures for (c) If a vessel is in a closed area during transferred in the EEZ. Commercial trip protected species. a time specified in paragraph (a) of this limits apply as follows (all weights are (a) Atlantic dolphin and wahoo section with pelagic longline gear on round or eviscerated weights unless pelagic longliners. The owner or board, it is a rebuttable presumption specified otherwise): operator of a vessel for which a that fish on board such vessel were (a) Atlantic dolphin and wahoo. (1) commercial permit for Atlantic dolphin taken with pelagic longline gear in the The trip limit for wahoo in or from the and wahoo has been issued, as required closed area. Atlantic EEZ is 500 lb (227 kg). This trip under § 622.270(a)(1), and that has on limit applies to a vessel that has a board a pelagic longline must post § 622.275 Size limits. Federal commercial permit for Atlantic inside the wheelhouse the sea turtle All size limits in this section are dolphin and wahoo, provided that the handling and release guidelines minimum size limits unless specified vessel is not operating as a charter provided by NMFS. Such owner or otherwise. A fish not in compliance vessel or headboat. operator must also comply with the sea with its size limit, as specified in this (2) The trip limit for a vessel that does turtle bycatch mitigation measures, section, in or from the Atlantic EEZ, not have a Federal commercial vessel including gear requirements and sea may not be possessed, sold, or permit for Atlantic dolphin and wahoo turtle handling requirements, as purchased. A fish not in compliance but has a Federal commercial vessel specified in § 635.21(c)(5)(i) and (ii) of with its size limit must be released permit in any other fishery is 200 lb (91 this chapter, respectively. For the immediately with a minimum of harm. kg) of dolphin and wahoo, combined,

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provided that all fishing on and recreational ACL of 13,530,692 lb and Wahoo Fishery off the Atlantic landings from that trip are north of 39° (6,137,419 kg), round weight, then States, the RA may establish or modify N. lat. (A charter vessel/headboat permit during the following fishing year, the following items specified in is not a commercial vessel permit.) recreational landings will be monitored paragraph (a) of this section for Atlantic (b) [Reserved] for a persistence in increased landings dolphin and wahoo. and, if necessary, the AA will file a (a) Atlantic dolphin and wahoo. § 622.279 Restrictions on sale/purchase. notification with the Office of the Biomass levels, age-structured analyses, (a) Atlantic dolphin and wahoo. (1) A Federal Register, to reduce the length of MSY, OY, ABC, TAC, trip limits, person may sell dolphin or wahoo the following recreational fishing season minimum sizes, gear regulations and harvested in the Atlantic EEZ only if it by the amount necessary to ensure restrictions, permit requirements, is harvested by a vessel that has a recreational landings do not exceed the seasonal or area closures, sub-zones and commercial permit for Atlantic dolphin recreational ACL in the following their management measures, overfishing and wahoo, as required under fishing year. However, the length of the definitions and other status § 622.270(a)(1), or by a vessel authorized recreational season will also not be determination criteria, time frame for a 200-lb (91-kg) trip limit for dolphin or reduced during the following fishing recovery of Atlantic dolphin or wahoo wahoo, as specified in § 622.278(a)(2), year if the RA determines, using the best if overfished, fishing year (adjustment and only to a dealer who has a permit scientific information available, that a not to exceed 2 months), authority for for Atlantic dolphin or wahoo, as reduction in the length of the following the RA to close a fishery when a quota required under § 622.270(d)(1). fishing season is unnecessary. is reached or is projected to be reached (2) In addition to the provisions of (b) Atlantic wahoo—(1) Commercial or reopen a fishery when additional paragraph (a)(1) of this section, a person sector. If commercial landings for quota becomes available, definitions of may not sell dolphin or wahoo Atlantic wahoo, as estimated by the essential fish habitat, and essential fish possessed under the bag limit harvested SRD, reach or are projected to reach the habitat HAPCs or Coral HAPCs. in the Atlantic EEZ by a vessel while it commercial ACL of 64,147 lb (29,097 (b) [Reserved] is operating as a charter vessel or kg), round weight, the AA will file a headboat. A dolphin or wahoo notification with the Office of the § 622.282 Prohibitions. harvested or possessed by a vessel that Federal Register to close the commercial In addition to the prohibitions in is operating as a charter vessel or sector for the remainder of the fishing § 600.725 of this chapter and the general headboat with a Federal charter vessel/ year. On and after the effective date of prohibitions in § 622.13, it is unlawful headboat permit for Atlantic dolphin such a notification, all sale or purchase for any person to violate any provisions and wahoo may not be purchased or of Atlantic wahoo is prohibited and of §§ 622.270 through 622.281. sold if harvested from the Atlantic EEZ. harvest or possession of this species in Subpart N—Pelagic Sargassum Habitat (3) Dolphin or wahoo harvested in the or from the South Atlantic EEZ is of the South Atlantic Region Atlantic EEZ may be purchased only by limited to the bag and possession limit. a dealer who has a permit for Atlantic This bag and possession limit applies in § 622.300 At-sea observer coverage. dolphin and wahoo and only from a the South Atlantic on board a vessel for (a) Required coverage. (1) A vessel vessel authorized to sell dolphin or which a valid Federal charter vessel/ that harvests or possesses pelagic wahoo under paragraph (a)(1) of this headboat permit for South Atlantic sargassum on any trip in the South section. snapper-grouper has been issued, Atlantic EEZ must carry a NMFS- (b) [Reserved] without regard to where such species approved observer. were harvested, i.e., in state or Federal § 622.280 Annual catch limits (ACLs) and (2) [Reserved] accountability measures (AMs). waters. (b) Notification to the SRD. When (2) Recreational sector. If recreational observer coverage is required, an owner (a) Atlantic dolphin—(1) Commercial landings for Atlantic wahoo, as or operator must advise the SRD in sector. If commercial landings for estimated by the SRD, exceed the writing not less than 5 days in advance Atlantic dolphin, as estimated by the recreational ACL of 1,427,638 lb of each trip of the following: SRD, reach or are projected to reach the (647,566 kg), round weight, then during (1) Departure information (port, dock, commercial ACL of 1,065,524 lb the following fishing year, recreational date, and time). (483,314 kg), round weight, the AA will landings will be monitored for a (2) Expected landing information file a notification with the Office of the persistence in increased landings and, if (port, dock, and date). Federal Register to close the commercial necessary, the AA will file a notification (c) Observer accommodations and sector for the remainder of the fishing with the Office of the Federal Register, access. An owner or operator of a vessel year. On and after the effective date of to reduce the length of the following on which a NMFS-approved observer is such a notification, all sale or purchase recreational fishing season by the embarked must: of Atlantic dolphin is prohibited and amount necessary to ensure recreational (1) Provide accommodations and food harvest or possession of this species in landings do not exceed the recreational that are equivalent to those provided to or from the South Atlantic EEZ is ACL in the following fishing year. the crew. limited to the bag and possession limit. However, the length of the recreational (2) Allow the observer access to and This bag and possession limit applies in season will also not be reduced during use of the vessel’s communications the South Atlantic on board a vessel for the following fishing year if the RA equipment and personnel upon request which a valid Federal charter vessel/ determines, using the best scientific for the transmission and receipt of headboat permit for South Atlantic information available, that a reduction messages related to the observer’s snapper-grouper has been issued, in the length of the following fishing duties. without regard to where such species season is unnecessary. (3) Allow the observer access to and were harvested, i.e., in state or Federal use of the vessel’s navigation equipment waters. § 622.281 Adjustment of management and personnel upon request to (2) Recreational sector. If recreational measures. determine the vessel’s position. landings for Atlantic dolphin, as In accordance with the framework (4) Allow the observer free and estimated by the SRD, exceed the procedures of the FMP for the Dolphin unobstructed access to the vessel’s

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bridge, working decks, holding bins, landed ashore prior to the effective date (b) Charter vessel/headboat permits. weight scales, holds, and any other of the closure. (1) For a person aboard a vessel that is space used to hold, process, weigh, or operating as a charter vessel or headboat store fish. § 622.304 Prohibitions. to fish for or possess, in or from the (5) Allow the observer to inspect and In addition to the prohibitions in EEZ, Gulf coastal migratory pelagic fish copy the vessel’s log, communications § 600.725 of this chapter and the general or South Atlantic coastal migratory logs, and any records associated with prohibitions in § 622.13, it is unlawful pelagic fish, a valid charter vessel/ the catch and distribution of fish for that for any person to violate any provisions headboat permit for Gulf coastal trip. of §§ 622.300 through 622.303. migratory pelagic fish or South Atlantic coastal migratory pelagic fish, Subparts O–P [Reserved] § 622.301 Area and seasonal restrictions. respectively, must have been issued to (a) Pelagic sargassum area and the vessel and must be on board. seasonal restrictions—(1) Area Subpart Q—Coastal Migratory Pelagic (i) See § 622.373 regarding a limited restrictions. (i) No person may harvest Resources (Gulf of Mexico and South access system for charter vessel/ pelagic sargassum in the South Atlantic Atlantic) headboat permits for Gulf coastal ° ′ ″ EEZ between 36 33 01.0 N. lat. § 622.370 Permits. migratory pelagic fish. (directly east from the Virginia/North (a) Commercial vessel permits—(1) (ii) A charter vessel or headboat may Carolina boundary) and 34° N. lat., King mackerel. For a person aboard a have both a charter vessel/headboat within 100 nautical miles east of the vessel to be eligible for exemption from permit and a commercial vessel permit. North Carolina coast. However, when a vessel is operating as (ii) No person may harvest or possess the bag limits and to fish under a quota for king mackerel in or from the Gulf, a charter vessel or headboat, a person pelagic sargassum in or from the South aboard must adhere to the bag limits. Atlantic EEZ south of 34° N. lat. Mid-Atlantic, or South Atlantic EEZ, a commercial vessel permit for king See the definitions of ‘‘Charter vessel’’ (2) Seasonal restriction. No person and ‘‘Headboat’’ in § 622.2 for an may harvest or possess pelagic mackerel must have been issued to the vessel and must be on board. To obtain explanation of when vessels are sargassum in or from the South Atlantic considered to be operating as a charter EEZ during the months of July through or renew a commercial vessel permit for king mackerel, at least 25 percent of the vessel or headboat, respectively. October. This prohibition on possession (2) [Reserved] applicant’s earned income, or at least does not apply to pelagic sargassum that (c) Permit procedures. See § 622.4 of $10,000, must have been derived from was harvested and landed ashore prior this part for information regarding commercial fishing (i.e., harvest and to the closed period. general permit procedures including, first sale of fish) or from charter fishing (b) [Reserved] but not limited to application, fees, during one of the three calendar years duration, transfer, renewal, display, § 622.302 Minimum mesh size. preceding the application. See § 622.371 sanctions and denials, and replacement. (a) The minimum allowable mesh size regarding a limited access system for a net used to fish for pelagic applicable to commercial vessel permits § 622.371 Limited access system for sargassum in the South Atlantic EEZ is for king mackerel, transfers of permits commercial vessel permits for king 4.0 inches (10.2 cm), stretched mesh, under the limited access system, and mackerel. and such net must be attached to a limited exceptions to the earned income (a) No applications for additional frame no larger than 4 ft by 6 ft (1.2 m or gross sales requirement for a permit. commercial vessel permits for king by 1.8 m). A vessel in the South Atlantic (2) Gillnets for king mackerel in the mackerel will be accepted. Existing EEZ with a net on board that does not southern Florida west coast subzone. vessel permits may be renewed, are meet these requirements may not For a person aboard a vessel to use a subject to the restrictions on transfer or possess any pelagic sargassum. run-around gillnet for king mackerel in change in paragraphs (b) through (e) of (b) [Reserved] the southern Florida west coast subzone this section, and are subject to the (see § 622.384(b)(1)(i)(C)), a commercial requirement for timely renewal in § 622.303 Quotas. vessel permit for king mackerel and a paragraph (f) of this section. See § 622.8 for general provisions king mackerel gillnet permit must have (b) An owner of a permitted vessel regarding quota applicability and been issued to the vessel and must be may transfer the commercial vessel closure and reopening procedures. This on board. See § 622.372 regarding a permit for king mackerel issued under section provides quotas and specific limited access system applicable to king this limited access system to another quota closure restrictions for South mackerel gillnet permits in the southern vessel owned by the same entity. Atlantic pelagic sargassum. Florida west coast subzone and (c) An owner whose percentage of (a) Quota. The quota for all persons restrictions on transferability of king earned income or gross sales qualified who harvest pelagic sargassum in the mackerel gillnet permits. him/her for the commercial vessel South Atlantic EEZ is 5,000 lb (2,268 (3) Spanish mackerel. For a person permit for king mackerel issued under kg), wet, landed weight. See § 622.301(a) aboard a vessel to be eligible for this limited access system may request for area and seasonal limitations on the exemption from the bag limits, a that NMFS transfer that permit to the harvest of pelagic sargassum. commercial vessel permit for Spanish owner of another vessel, or to the new (b) Restrictions applicable after a mackerel must have been issued to the owner when he or she transfers quota closure. Pelagic sargassum may vessel and must be on board. To obtain ownership of the permitted vessel. Such not be fished for or possessed in the or renew a commercial vessel permit for owner of another vessel, or new owner, South Atlantic EEZ and the sale or Spanish mackerel, at least 25 percent of may receive a commercial vessel permit purchase of pelagic sargassum in or the applicant’s earned income, or at for king mackerel for his or her vessel, from the South Atlantic EEZ is least $10,000, must have been derived and renew it through April 15 following prohibited. The prohibition on sale/ from commercial fishing (i.e., harvest the first full calendar year after purchase during a closure for pelagic and first sale of fish) or from charter obtaining it, without meeting the sargassum does not apply to pelagic fishing during one of the 3 calendar percentage of earned income or gross sargassum that was harvested and years preceding the application. sales requirement of § 622.370(a)(1).

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However, to further renew the § 622.373 Limited access system for approved fishing data surveys. Surveys commercial vessel permit, the owner of charter vessel/headboat permits for Gulf include, but are not limited to— the other vessel, or new owner, must coastal migratory pelagic fish. (i) NMFS’ Marine Recreational meet the earned income or gross sales (a) No applications for additional Fishing Vessel Directory Telephone requirement not later than the first full charter vessel/headboat permits for Gulf Survey (conducted by the Gulf States calendar year after the permit transfer coastal migratory pelagic fish will be Marine Fisheries Commission); takes place. accepted. Existing permits may be (ii) NMFS’ Southeast Headboat (d) An owner of a permitted vessel, renewed, are subject to the restrictions Survey (as required by § 622.26(b)(1)); the permit for which is based on an on transfer in paragraph (b) of this (iii) Texas Parks and Wildlife Marine operator’s earned income and, thus, is section, and are subject to the renewal Recreational Fishing Survey; or valid only when that person is the requirements in paragraph (c) of this (iv) A data collection system that operator of the vessel, may request that section. replaces one or more of the surveys in NMFS transfer the permit to the income- (b) Transfer of permits—(1) Permits paragraphs (c)(1)(i), (ii), or (iii) of this qualifying operator when such operator without a historical captain section. becomes an owner of a vessel. endorsement. A charter vessel/headboat (2) A charter vessel/headboat permit (e) An owner of a permitted vessel, permit for Gulf coastal migratory pelagic for Gulf coastal migratory pelagic fish the permit for which is based on an fish that does not have a historical that is not renewed or that is revoked operator’s earned income and, thus, is captain endorsement is fully will not be reissued. A permit is valid only when that person is the transferable, with or without sale of the considered to be not renewed when an operator of the vessel, may have the permitted vessel, except that no transfer application for renewal, as required, is operator qualification on the permit is allowed to a vessel with a greater not received by the RA within 1 year of removed, and renew it without such authorized passenger capacity than that the expiration date of the permit. (d) Requirement to display a vessel qualification through April 15 following of the vessel to which the moratorium decal. Upon renewal or transfer of a the first full calendar year after permit was originally issued, as charter vessel/headboat permit for Gulf removing it, without meeting the earned specified on the face of the permit being coastal migratory pelagic fish, the RA income or gross sales requirement of transferred. An application to transfer a will issue the owner of the permitted § 622.370(a)(1). However, to further permit to an inspected vessel must vessel a vessel decal for that fishery. renew the commercial vessel permit, the include a copy of that vessel’s current The vessel decal must be displayed on owner must meet the earned income or USCG Certificate of Inspection (COI). A the port side of the deckhouse or hull gross sales requirement not later than vessel without a valid COI will be and must be maintained so that it is the first full calendar year after the considered an uninspected vessel with clearly visible. operator qualification is removed. To an authorized passenger capacity have an operator qualification removed restricted to six or fewer passengers. § 622.374 Recordkeeping and reporting. from a permit, the owner must return (2) Permits with a historical captain (a) Commercial vessel owners and the original permit to the RA with an endorsement. A charter vessel/headboat operators. The owner or operator of a application for the changed permit. permit for Gulf coastal migratory pelagic vessel that fishes for or lands coastal (f) NMFS will not reissue a fish that has a historical captain migratory pelagic fish for sale in or from commercial vessel permit for king endorsement may only be transferred to the Gulf, Mid-Atlantic, or South mackerel if the permit is revoked or if a vessel operated by the historical Atlantic EEZ or adjoining state waters, the RA does not receive an application captain, cannot be transferred to a vessel or whose vessel is issued a commercial for renewal within one year of the with a greater authorized passenger permit for king or Spanish mackerel, as permit’s expiration date. capacity than that of the vessel to which required under § 622.370(a)(1) or (3), § 622.372 Limited access system for king the moratorium permit was originally respectively, who is selected to report mackerel gillnet permits applicable in the issued, as specified on the face of the by the SRD, must maintain a fishing southern Florida west coast subzone. permit being transferred, and is not record on a form available from the (a) Except for applications for otherwise transferable. SRD. These completed fishing records renewals of king mackerel gillnet (3) Procedure for permit transfer. To must be submitted to the SRD permits, no applications for king request that the RA transfer a charter postmarked not later than 7 days after mackerel gillnet permits will be vessel/headboat permit for Gulf coastal the end of each fishing trip. If no fishing accepted. Application forms for permit migratory pelagic fish, the owner of the occurred during a calendar month, a renewal are available from the RA. vessel who is transferring the permit report so stating must be submitted on (b) An owner of a vessel with a king and the owner of the vessel that is to one of the forms postmarked not later mackerel gillnet permit issued under receive the transferred permit must than 7 days after the end of that month. this limited access system may transfer complete the transfer information on the Information to be reported is indicated that permit upon a change of ownership reverse side of the permit and return the on the form and its accompanying of a permitted vessel with such permit permit and a completed application for instructions. from one to another of the following: transfer to the RA. See § 622.4(f) for (b) Charter vessel/headboat owners Husband, wife, son, daughter, brother, additional transfer-related requirements and operators—(1) Reporting sister, mother, or father. Such permit applicable to all permits issued under requirement. The owner or operator of also may be transferred to another vessel this section. a vessel for which a charter vessel/ owned by the same entity. (c) Renewal. (1) Renewal of a charter headboat permit for Gulf coastal (c) A king mackerel gillnet permit that vessel/headboat permit for Gulf coastal migratory pelagic fish or South Atlantic is not renewed or that is revoked will migratory pelagic fish is contingent coastal migratory pelagic fish has been not be reissued. A permit is considered upon the permitted vessel and/or issued, as required under to be not renewed when an application captain, as appropriate, being included § 622.370(b)(1), or whose vessel fishes for renewal is not received by the RA in an active survey frame for, and, if for or lands such Gulf or South Atlantic within one year after the expiration date selected to report, providing the coastal migratory pelagic fish in or from of the permit. information required in one of the state waters adjoining the Gulf or South

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Atlantic EEZ, who is selected to report § 622.375 Authorized and unauthorized taken in the Gulf EEZ and to such king by the SRD must maintain a fishing gear. mackerel possessed in the Gulf. record for each trip, or a portion of such (a) Authorized gear. Subject to the Paragraph (b)(3) of this section trips as specified by the SRD, on forms prohibitions on gear/methods specified notwithstanding, a person aboard a provided by the SRD and must submit in § 622.9, the following are the only vessel that has a valid commercial such record as specified in paragraph fishing gears that may be used in the permit for king mackerel is not subject (b)(2) of this section. Gulf, Mid-Atlantic, and South Atlantic to the bag limit for king mackerel when (2) Reporting deadlines—(i) Charter EEZ in directed fisheries for coastal the vessel has on board on a trip vessels. Completed fishing records migratory pelagic fish: unauthorized gear other than a drift required by paragraph (b)(1) of this (1) King mackerel, Atlantic migratory gillnet in the Gulf EEZ, a long gillnet, or section for charter vessels must be group— a run-around gillnet in an area other ° ′ submitted to the SRD weekly, (i) North of 34 37.3 N. lat., the than the southern Florida west coast postmarked not later than 7 days after latitude of Cape Lookout Light, NC—all subzone. Thus, the following applies to gear except drift gillnet and long gillnet. a vessel that has a commercial permit the end of each week (Sunday). ° ′ Information to be reported is indicated (ii) South of 34 37.3 N. lat.— for king mackerel: on the form and its accompanying automatic reel, bandit gear, handline, (i) Such vessel may not use instructions. and rod and reel. unauthorized gear in a directed fishery (2) King mackerel, Gulf migratory for king mackerel in the Gulf EEZ. (ii) Headboats. Completed fishing group—hook-and-line gear and, in the records required by paragraph (b)(1) of (ii) If such a vessel has a drift gillnet southern Florida west coast subzone or a long gillnet on board or a run- this section for headboats must be only, run-around gillnet. (See submitted to the SRD monthly and must around gillnet in an area other than the § 622.384(b)(1)(i)(C) for a description of southern Florida west coast subzone, no either be made available to an the southern Florida west coast authorized statistical reporting agent or king mackerel may be possessed. subzone.) (iii) If such a vessel has unauthorized be postmarked not later than 7 days (3) Spanish mackerel, Atlantic gear on board other than a drift gillnet after the end of each month. Information migratory group—automatic reel, bandit in the Gulf EEZ, a long gillnet, or a run- to be reported is indicated on the form gear, handline, rod and reel, cast net, around gillnet in an area other than the and its accompanying instructions. run-around gillnet, and stab net. southern Florida west coast subzone, (c) Dealers. (1) A person who (4) Spanish mackerel, Gulf migratory the possession of king mackerel taken purchases coastal migratory pelagic fish group—all gear except drift gillnet, long incidentally is restricted only by the from a fishing vessel, or person, that gillnet, and purse seine. closure provisions of § 622.384(e) and fishes for or lands such fish in or from (5) Cobia in the Mid-Atlantic and the trip limits specified in § 622.385(a). the EEZ or adjoining state waters who South Atlantic EEZ—automatic reel, See also § 622.379 regarding the purse is selected to report by the SRD must bandit gear, handline, rod and reel, and seine incidental catch allowance of king submit information on forms provided pelagic longline. mackerel. by the SRD. This information must be (6) Cobia in the Gulf EEZ—all gear submitted to the SRD at monthly except drift gillnet and long gillnet. § 622.376 Gear identification. intervals, postmarked not later than 5 (b) Unauthorized gear. Gear types (a) Spanish mackerel gillnet buoys. days after the end of each month. other than those specified in paragraph On board a vessel with a valid Spanish Reporting frequency and reporting (a) of this section are unauthorized gear mackerel permit that is fishing for deadlines may be modified upon and the following possession limitations Spanish mackerel in, or that possesses notification by the SRD. If no coastal apply: Spanish mackerel in or from, the South migratory pelagic fish were received (1) Long gillnets. A vessel with a long Atlantic EEZ off Florida north of during a calendar month, a report so gillnet on board in, or that has fished on 25°20.4′ N. lat., which is a line directly stating must be submitted on one of the a trip in, the Gulf, Mid-Atlantic, or east from the Miami-Dade/Monroe forms, in accordance with the South Atlantic EEZ may not have on County, FL, boundary, the float line of instructions on the form, and must be board on that trip a coastal migratory each gillnet possessed, including any postmarked not later than 5 days after pelagic fish. net in use, must have a maximum of the end of the month. The information (2) Drift gillnets. A vessel with a drift nine distinctive floats, i.e., different to be reported is as follows: gillnet on board in, or that has fished on from the usual net buoys, spaced (i) Dealer’s or processor’s name and a trip in, the Gulf EEZ may not have on uniformly at a distance of 100 yd (91.4 address. board on that trip a coastal migratory m) or less. Each such distinctive float (ii) County where fish were landed. pelagic fish. must display the official number of the (3) Other unauthorized gear. Except (iii) Total poundage of each species vessel. as specified in paragraph (b)(4) of this (b) [Reserved] received during that month, or other section, a person aboard a vessel with requested interval. unauthorized gear other than a drift § 622.377 Gillnet restrictions. (iv) Average monthly price paid for gillnet in the Gulf EEZ or a long gillnet (a) Gillnets for king mackerel. The each species. on board in, or that has fished in, the minimum allowable mesh size for a (v) Proportion of total poundage EEZ where such gear is not authorized gillnet used to fish in the Gulf, Mid- landed by each gear type. in paragraph (a) of this section, is Atlantic, or South Atlantic EEZ for king (2) Alternate SRD. For the purposes of subject to the bag limits for king and mackerel is 4.75 inches (12.1 cm), paragraph (c)(1) of this section, in the Spanish mackerel specified in stretched mesh. A vessel in such EEZ, states from New York through Virginia, § 622.382(a)(1)(ii) and (iv), respectively, or having fished on a trip in such EEZ, or in the waters off those states, ‘‘SRD’’ and to the limit on cobia specified in with a gillnet on board that has a mesh means the Science and Research § 622.383(b). size less than 4.75 (12.1 cm) inches, Director, Northeast Fisheries Science (4) Exception for king mackerel in the stretched mesh, may not possess on that Center, NMFS (see Table 1 of § 600.502 Gulf EEZ. The provisions of this trip an incidental catch of king mackerel of this chapter), or a designee. paragraph (b)(4) apply to king mackerel that exceeds 10 percent, by number, of

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the total lawfully possessed Spanish gillnet fishery also is closed during all (61.0 cm), fork length, except that a mackerel on board. subsequent weekends and observed vessel fishing under a quota for king (b) Gillnets for Spanish mackerel. (1) Federal holidays, except for the first mackerel specified in § 622.384(b) may The minimum allowable mesh size for weekend following the Martin Luther possess undersized king mackerel in a gillnet used to fish for Spanish King Jr. holiday which will remain open quantities not exceeding 5 percent, by mackerel in the Gulf, Mid-Atlantic, or to the gillnet fishery provided a weight, of the king mackerel on board. South Atlantic EEZ is 3.5 inches (8.9 notification of closure of that fishery has (c) Spanish mackerel in the Gulf, cm), stretched mesh. not been filed under § 622.8(b). South Atlantic, or Mid-Atlantic—12 (i) A vessel in the Gulf EEZ, or having Weekend closures are effective from 6 inches (30.5 cm), fork length, except fished on a trip in the Gulf EEZ, with a.m. Saturday to 6 a.m. Monday. that a vessel fishing under a quota for a gillnet on board that has a mesh size Holiday closures are effective from 6 Spanish mackerel specified in less than 3.5 inches (8.9 cm), stretched a.m. on the observed Federal holiday to § 622.384(c) may possess undersized mesh, may not possess on that trip any 6 a.m. the following day. All times are Spanish mackerel in quantities not Spanish mackerel. eastern standard time. During these exceeding 5 percent, by weight, of the (ii) A vessel in the South Atlantic or closures, a person aboard a vessel using Spanish mackerel on board. Mid-Atlantic EEZ, or having fished on a or possessing a gillnet with a stretched- § 622.381 Landing fish intact. trip in such EEZ, with a gillnet on board mesh size of 4.75 inches (12.1 cm) or that has a mesh size less than 3.5 inches larger in the southern Florida west coast (a) Cobia, king mackerel, and Spanish (8.9 cm), stretched mesh, may possess or subzone may not fish for or possess Gulf mackerel in or from the Gulf, Mid- land on the day of that trip no more group king mackerel. Atlantic, or South Atlantic EEZ, except than 500 lb (227 kg) of incidentally (b) [Reserved] as specified for king mackerel and caught Spanish mackerel. Spanish mackerel in paragraph (b) of (2) On board a vessel with a valid § 622.379 Purse seine incidental catch this section, must be maintained with Spanish mackerel permit that is fishing allowance. head and fins intact. Such fish may be for Spanish mackerel in, or that (a) A vessel in the EEZ, or having eviscerated, gilled, and scaled, but must possesses Spanish mackerel in or from, fished in the EEZ, with a purse seine on otherwise be maintained in a whole the South Atlantic EEZ off Florida north board will not be considered as fishing, condition. The operator of a vessel that of 25°20.4′ N. lat., which is a line or having fished, for king or Spanish fishes in the EEZ is responsible for directly east from the Miami-Dade/ mackerel in violation of a prohibition of ensuring that fish on that vessel in the Monroe County, FL, boundary— purse seines under § 622.375(b), in EEZ are maintained intact and, if taken (i) No person may fish with, set, place violation of the possession limits under from the EEZ, are maintained intact in the water, or have on board a gillnet § 622.375(b)(3), or, in the case of king through offloading ashore, as specified with a float line longer than 800 yd mackerel from the Atlantic migratory in this section. (732 m). group, in violation of a closure effected (b) Cut-off (damaged) king or Spanish (ii) No person may fish with, set, or in accordance with § 622.8(b), provided mackerel that comply with the place in the water more than one gillnet the king mackerel on board does not minimum size limits in § 622.380(b) and at any one time. exceed 1 percent, or the Spanish (c), respectively, and the trip limits in (iii) No more than two gillnets, mackerel on board does not exceed 10 § 622.385(a) and (b), respectively, may including any net in use, may be percent, of all fish on board the vessel. be possessed in the Gulf, Mid-Atlantic, possessed at any one time; provided, Incidental catch will be calculated by or South Atlantic EEZ on, and offloaded however, that if two gillnets, including number and/or weight of fish. Neither ashore from, a vessel that is operating any net in use, are possessed at any one calculation may exceed the allowable under the respective trip limits. Such time, they must have stretched mesh percentage. Incidentally caught king or cut-off fish also may be sold. A sizes (as allowed under the regulations) Spanish mackerel are counted toward maximum of five additional cut-off that differ by at least .25 inch (.64 cm). the quotas provided for under § 622.384 (damaged) king mackerel, not subject to (iv) No person may soak a gillnet for and are subject to the prohibition of sale the size limits or trip limits, may be more than 1 hour. The soak period under § 622.384(e)(3). possessed or offloaded ashore but may begins when the first mesh is placed in (b) [Reserved] not be sold or purchased and are not the water and ends either when the first counted against the trip limit. § 622.380 Size limits. mesh is retrieved back on board the vessel or the gathering of the gillnet is All size limits in this section are § 622.382 Bag and possession limits. begun to facilitate retrieval on board the minimum size limits unless specified Section 622.11(a) provides the general vessel, whichever occurs first; providing otherwise. A fish not in compliance applicability for bag and possession that, once the first mesh is retrieved or with its size limit, as specified in this limits. the gathering is begun, the retrieval is section, in or from the Gulf, South (a) King and Spanish mackerel—(1) continuous until the gillnet is Atlantic, or Mid-Atlantic EEZ, as Bag limits. (i) Atlantic migratory group completely removed from the water. appropriate, may not be possessed, sold, king mackerel— (v) The float line of each gillnet or purchased. A fish not in compliance (A) Mid-Atlantic and South Atlantic, possessed, including any net in use, with its size limit must be released other than off Florida—3. must have the distinctive floats immediately with a minimum of harm. (B) Off Florida—2, which is the daily specified in § 622.376(a). The operator of a vessel that fishes in bag limit specified by Florida for its the EEZ is responsible for ensuring that waters (Rule 68B–12.004(1), Florida § 622.378 Seasonal closures of the Gulf fish on board are in compliance with the Administrative Code, in effect as of July group king mackerel gillnet fishery. size limits specified in this section. 15, 1996 (incorporated by reference, see (a) The gillnet fishery for Gulf group (a) Cobia in the Gulf, Mid-Atlantic, or § 622.413). If Florida changes its limit, king mackerel in or from the Gulf EEZ South Atlantic—33 inches (83.8 cm), the bag limit specified in this paragraph is closed each fishing year from July 1 fork length. (a)(1)(i)(B) will be changed to conform until 6 a.m. on the day after the Martin (b) King mackerel in the Gulf, South to Florida’s limit, provided such limit Luther King Jr. Federal holiday. The Atlantic, or Mid-Atlantic—24 inches does not exceed 5.

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(ii) Gulf migratory group king (b) Quotas for migratory groups of subzone that extends south and west mackerel—2. king mackerel—(1) Gulf migratory from 25°20.4′ N. lat., north to 26°19.8′ (iii) Atlantic migratory group Spanish group. For the 2012 to 2013 fishing year, N. lat. (a line directly west from the Lee/ mackerel—15. the quota for the Gulf migratory group Collier County, FL, boundary). From (iv) Gulf migratory group Spanish of king mackerel is 3.808 million lb April 1 through October 31, the mackerel—15. (1.728 million kg). For the 2013 to 2014 southern subzone is that part of the (v) Coastal migratory pelagic fish fishing year and subsequent fishing Florida west coast subzone that is within certain South Atlantic SMZs— years, the quota for the Gulf migratory between 26°19.8′ N. lat. and 25°48′ N. § 622.11(a) notwithstanding, all harvest group of king mackerel is 3.456 million lat. (a line directly west from the and possession of coastal migratory lb (1.568 million kg). The Gulf migratory Monroe/Collier County, FL, boundary). pelagic fish within the South Atlantic group is divided into eastern and The northern subzone is that part of the SMZs specified in § 622.182(a)(1)(i) western zones separated by 87°31.1′ W. Florida west coast subzone that is through (xi), (a)(1)(xx), and (a)(1)(xxii) long., which is a line directly south between 26°19.8′ N. lat. north and west through (xxxix) is limited to the bag from the Alabama/Florida boundary. to 87°31.1′ W. long. (a line directly limits specified in paragraphs (a)(1)(i) Quotas for the eastern and western south from the Alabama/Florida through (iv) of this section. zones are as follows: boundary) year round. (2) Possession limits. A person who is (i) Eastern zone. The eastern zone is (ii) Western zone. For the 2012 to on a trip that spans more than 24 hours divided into subzones with quotas as 2013 fishing year, the quota is 1,180,480 may possess no more than two daily bag follows: lb (535,457 kg). For the 2013 to 2014 limits, provided such trip is on a vessel (A) Florida east coast subzone. For fishing year and subsequent fishing that is operating as a charter vessel or the 2012 to 2013 fishing year, the quota years, the quota is 1,071,360 lb (485,961 headboat, the vessel has two licensed is 1,215,228 lb (551,218 kg). For the kg). operators aboard, and each passenger is 2013 to 2014 fishing year and (2) Atlantic migratory group. The issued and has in possession a receipt subsequent fishing years, the quota is quota for the Atlantic migratory group of issued on behalf of the vessel that 1,102,896 lb (500,265 kg). king mackerel is 3.88 million lb (1.76 verifies the length of the trip. (B) Florida west coast subzone—(1) million kg). No more than 0.40 million (b) [Reserved] Southern. For the 2012 to 2013 fishing lb (0.18 million kg) may be harvested by year, the quota is 1,215,228, (515,218 purse seines. § 622.383 Limited harvest species. kg). For the 2013 to 2014 fishing year (c) Quotas for migratory groups of (a) General. (1) The harvest and and subsequent fishing years, the quota Spanish mackerel—(1) Gulf migratory possession restrictions of this section is 1,102,896 lb (500,265 kg), which is group. [Reserved] apply without regard to whether the further divided into a quota for vessels (2) Atlantic migratory group. The species is harvested by a vessel fishing with hook-and-line and a quota quota for the Atlantic migratory group of operating under a commercial vessel for vessels fishing with run-around Spanish mackerel is 3.13 million lb permit. The operator of a vessel that gillnets. For the 2012 to 2013 fishing (1.42 million kg). fishes in the EEZ is responsible for the year, the hook-and-line quota is 607,614 (d) Quotas for migratory groups of limit applicable to that vessel. lb (275,609 kg) and the run-around cobia—(1) Gulf migratory group. (2) A person who fishes in the EEZ gillnet quota is 607,614 lb (275,609 kg). [Reserved] may not combine a harvest limitation For the 2013 to 2014 fishing year and (2) Atlantic migratory group. The specified in this section with a harvest subsequent fishing years, the hook-and- quota for the Atlantic migratory group of limitation applicable to state waters. A line quota is 551,448 lb (250,133 kg) and cobia is 125,712 lb (57,022 kg). species subject to a harvest limitation the run-around gillnet quota is 551,448 (e) Restrictions applicable after a specified in this section taken in the lb (250,133 kg). quota closure. (1) A person aboard a EEZ may not be transferred at sea, (2) Northern. For the 2012 to 2013 vessel for which a commercial permit regardless of where such transfer takes fishing year, the quota is 197,064 lb for king or Spanish mackerel has been place, and such species may not be (89,387 kg). For the 2013 to 2014 fishing issued, as required under § 622.370(a)(1) transferred in the EEZ. year and subsequent fishing years, the or (3), may not fish for king or Spanish (b) Cobia. No person may possess quota is 178,848 lb (81,124 kg). mackerel in the EEZ or retain king or more than two cobia per day in or from (C) Description of Florida subzones. Spanish mackerel in or from the EEZ the Gulf, Mid-Atlantic, or South From November 1 through March 31, under a bag or possession limit Atlantic EEZ, regardless of the number the Florida east coast subzone is that specified in § 622.382(a) for the closed ° ′ of trips or duration of a trip. part of the eastern zone south of 29 25 species, migratory group, zone, subzone, N. lat. (a line directly east from the or gear, except as provided for under § 622.384 Quotas. Flagler/Volusia County, FL, boundary) paragraph (e)(2) of this section. See § 622.8 for general provisions and north of 25°20.4′ N. lat. (a line (2) A person aboard a vessel for which regarding quota applicability and directly east from the Miami-Dade/ valid charter vessel/headboat permits closure and reopening procedures. This Monroe County, FL, boundary). From for Gulf coastal migratory pelagic fish or section provides quotas and specific April 1 through October 31, the Florida South Atlantic coastal migratory pelagic quota closure restrictions for coastal east coast subzone is no longer part of fish and a valid commercial vessel migratory pelagic fish. the Gulf migratory group king mackerel permit for king or Spanish mackerel (a) Specific quota applicability. King area; it is part of the Atlantic migratory have been issued may continue to retain and Spanish mackerel quotas apply to group king mackerel area. The Florida fish under a bag and possession limit persons who fish under commercial west coast subzone is that part of the specified in § 622.382(a), provided the vessel permits for king or Spanish eastern zone south and west of 25°20.4′ vessel is operating as a charter vessel or mackerel, as required under N. lat. The Florida west coast subzone headboat. § 622.370(a)(1) or (3). Cobia quotas is further divided into southern and (3) The sale or purchase of king apply to persons who fish for cobia and northern subzones. From November 1 mackerel, Spanish mackerel, or cobia of sell their catch. A fish is counted against through March 31, the southern subzone the closed species, migratory group, the quota for the area where it is caught. is that part of the Florida west coast subzone, or gear type, is prohibited,

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including any king or Spanish mackerel (2) Gulf group. Commercial trip limits required by § 622.370(a)(1), and taken under the bag limits, or cobia are established in the eastern and operating under the hook-and-line gear taken under the limited-harvest species western zones as follows. (See quotas in § 622.384(b)(1)(i)(B)(1) or possession limit specified in § 622.384(b)(1) for specification of the (b)(1)(i)(B)(2): § 622.383(b). The prohibition on sale/ eastern and western zones and (1) From July 1, each fishing year, purchase during a closure for coastal § 622.384(b)(1)(i)(C) for specifications of until 75 percent of the respective migratory pelagic fish does not apply to the subzones in the eastern zone.) northern or southern subzone’s hook- coastal migratory pelagic fish that were (i) Eastern zone–Florida east coast and-line gear quota has been harvested, landed ashore, and sold prior subzone. In the Florida east coast harvested—in amounts not exceeding to the effective date of the closure and subzone, king mackerel in or from the 1,250 lb (567 kg) per day. were held in cold storage by a dealer or EEZ may be possessed on board at any (2) From the date that 75 percent of processor. time or landed in a day from a vessel the respective northern or southern with a commercial permit for king subzone’s hook-and-line gear quota has § 622.385 Commercial trip limits. mackerel as required under been harvested, until a closure of the Commercial trip limits are limits on § 622.370(a)(1) as follows: respective northern or southern the amount of the applicable species (A) From November 1 through January subzone’s fishery for vessels fishing that may be possessed on board or 31—not to exceed 50 fish. with hook-and-line gear has been landed, purchased, or sold from a vessel (B) Beginning on February 1 and effected under § 622.8(b)—in amounts per day. A person who fishes in the EEZ continuing through March 31— not exceeding 500 lb (227 kg) per day. may not combine a trip limit specified (1) If 75 percent or more of the Florida (iii) Notice of trip limit changes. The in this section with any trip or east coast subzone quota as specified in Assistant Administrator, by filing a possession limit applicable to state § 622.384(b)(1)(i)(A) has been taken— notification of trip limit change with the waters. A species subject to a trip limit not to exceed 50 fish. Office of the Federal Register, will effect specified in this section taken in the (2) If less than 75 percent of the the trip limit changes specified in EEZ may not be transferred at sea, Florida east coast subzone quota as paragraphs (a)(2)(i) and (a)(2)(ii)(B) of regardless of where such transfer takes specified in § 622.384(b)(1)(i)(A) has this section when the requisite harvest place, and such species may not be been taken—not to exceed 75 fish. level has been reached or is projected to transferred in the EEZ. Commercial trip (ii) Eastern zone-Florida west coast be reached. limits apply as follows (all weights are subzone—(A) Gillnet gear. (1) In the (iv) Western zone. In the western round or eviscerated weights unless southern Florida west coast subzone, zone, king mackerel in or from the EEZ specified otherwise): king mackerel in or from the EEZ may may be possessed on board or landed (a) King mackerel—(1) Atlantic group. be possessed on board or landed from a from a vessel for which a commercial The following trip limits apply to vessel for which a commercial vessel permit for king mackerel has been vessels for which commercial permits permit for king mackerel and a king issued, as required under for king mackerel have been issued, as mackerel gillnet permit have been § 622.370(a)(1), from July 1, each fishing required under § 622.370(a)(1): issued, as required under year, until a closure of the western § 622.370(a)(2), in amounts not (i) North of 29°25′ N. lat., which is a zone’s fishery has been effected under exceeding 25,000 lb (11,340 kg) per day, line directly east from the Flagler/ § 622.8(b)—in amounts not exceeding provided the gillnet fishery for Gulf Volusia County, FL, boundary, king 3,000 lb (1,361 kg) per day. group king mackerel is not closed under mackerel in or from the EEZ may not be (b) Spanish mackerel. (1) Commercial § 622.378(a) or § 622.8(b). possessed on board or landed from a trip limits are established for Atlantic (2) In the southern Florida west coast vessel in a day in amounts exceeding migratory group Spanish mackerel as subzone: 3,500 lb (1,588 kg). follows: (i) King mackerel in or from the EEZ (i) North of 30°42′45.6″ N. lat., which (ii) In the area between 29°25′ N. lat. may be possessed on board or landed is a line directly east from the Georgia/ and 28°47.8′ N. lat., which is a line from a vessel that uses or has on board Florida boundary, Spanish mackerel in directly east from the Volusia/Brevard a run-around gillnet on a trip only when or from the EEZ may not be possessed County, FL, boundary, king mackerel in such vessel has on board a commercial on board or landed in a day from a or from the EEZ may not be possessed vessel permit for king mackerel and a vessel for which a permit for Spanish on board or landed from a vessel in a king mackerel gillnet permit. mackerel has been issued, as required day in amounts exceeding 3,500 lb (ii) King mackerel from the southern under § 622.370(a)(3), in amounts (1,588 kg) from April 1 through October west coast subzone landed by a vessel exceeding 3,500 lb (1,588 kg). 31. for which a commercial vessel permit (ii) South of 30°42′45.6″ N. lat., (iii) In the area between 28°47.8′ N. for king mackerel and a king mackerel ° ′ Spanish mackerel in or from the EEZ lat. and 25 20.4 N. lat., which is a line gillnet permit have been issued will be may not be possessed on board or directly east from the Miami-Dade/ counted against the run-around gillnet landed in a day from a vessel for which Monroe County, FL, boundary, king quota of § 622.384(b)(1)(i)(B)(1). a permit for Spanish mackerel has been mackerel in or from the EEZ may not be (iii) King mackerel in or from the EEZ issued, as required under possessed on board or landed from a harvested with gear other than run- § 622.370(a)(3)— vessel in a day in amounts exceeding 75 around gillnet may not be retained on (A) From March 1 through November fish from April 1 through October 31. board a vessel for which a commercial 30, in amounts exceeding 3,500 lb (iv) In the area between 25°20.4′ N. vessel permit for king mackerel and a (1,588 kg). lat. and 25°48′ N. lat., which is a line king mackerel gillnet permit have been (B) From December 1 until 75 percent directly west from the Monroe/Collier issued. of the adjusted quota is taken, in County, FL, boundary, king mackerel in (B) Hook-and-line gear. In the Florida amounts as follows: or from the EEZ may not be possessed west coast subzone, king mackerel in or (1) Mondays through Fridays— on board or landed from a vessel in a from the EEZ may be possessed on unlimited. day in amounts exceeding 1,250 lb (567 board or landed from a vessel with a (2) Saturdays and Sundays—not kg) from April 1 through October 31. commercial permit for king mackerel, as exceeding 1,500 lb (680 kg).

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(C) After 75 percent of the adjusted gillnets in all or a portion of that area. (2) Recreational sector. (i) If the sum quota is taken until 100 percent of the Necessary prohibitions or restrictions of the commercial and recreational adjusted quota is taken, in amounts not will be published in the Federal landings, as estimated by the SRD, exceeding 1,500 lb (680 kg). Register. exceeds the stock ACL, as specified in (D) After 100 percent of the adjusted (b) [Reserved] paragraph (b)(3) of this section, the AA quota is taken through the end of the will file a notification with the Office of fishing year, in amounts not exceeding § 622.388 Annual catch limits (ACLs), annual catch targets (ACTs), and the Federal Register, at or near the 500 lb (227 kg). accountability measures (AMs). beginning of the following fishing year (2) For the purpose of paragraph to reduce the bag limit by the amount (a) Gulf migratory group king (b)(1)(ii) of this section, the adjusted necessary to ensure recreational mackerel—(1) Commercial sector. If quota is 2.88 million (1.31 million kg). landings may achieve the recreational commercial landings, as estimated by The adjusted quota is the quota for annual catch target (ACT), but do not the SRD, reach or are projected to reach Atlantic migratory group Spanish exceed the recreational ACL, in the the applicable quota specified in mackerel reduced by an amount following fishing year. The recreational § 622.384(b)(1) (commercial ACL), the calculated to allow continued harvests ACT is 6.11 million lb (2.77 million kg). AA will file a notification with the of Atlantic migratory group Spanish The recreational ACL is 6.58 million lb Office of the Federal Register to close mackerel at the rate of 500 lb (227 kg) (2.99 million lb). per vessel per day for the remainder of the commercial sector for that zone, subzone, or gear type for the remainder (ii) In addition to the measures the fishing year after the adjusted quota specified in paragraph (b)(2)(i) of this is reached. Total commercial harvest is of the fishing year. (2) Recreational sector. If recreational section, if the sum of the commercial still subject to the annual catch limit landings, as estimated by the SRD, reach and recreational landings, as estimated and accountability measures. By filing a or are projected to reach the recreational by the SRD, exceeds the stock ACL, as notification with the Office of the ACL of 8.092 million lb (3.670 million specified in paragraph (b)(3) of this Federal Register, the Assistant kg), the AA will file a notification with section, and Atlantic migratory group Administrator will announce when 75 the Office of the Federal Register to king mackerel are overfished, based on percent and 100 percent of the adjusted implement a bag and possession limit the most recent status of U.S. Fisheries quota is reached or projected to be for Gulf migratory group king mackerel Report to Congress, the AA will file a reached. of zero, unless the best scientific notification with the Office of the (3) For the purpose of paragraph Federal Register, at or near the (b)(1)(ii) of this section, a day starts at information available determines that a bag limit reduction is unnecessary. This beginning of the following fishing year 6 a.m., local time, and extends for 24 to reduce the recreational ACL and ACT hours. If a vessel terminates a trip prior bag and possession limit would also apply in the Gulf on board a vessel for for that following year by the amount of to 6 a.m., but retains Spanish mackerel any recreational sector overage in the on board after that time, the Spanish which a valid Federal charter vessel/ headboat permit for coastal migratory prior fishing year. mackerel retained on board will not be (iii) For purposes of tracking the ACL, considered in possession during the pelagic fish has been issued, without regard to where such species were recreational landings will be evaluated succeeding day, provided the vessel is based on the commercial fishing year, not underway between 6 a.m. and the harvested, i.e. in state or Federal waters. (3) For purposes of tracking the ACL, March through February. Recreational time such Spanish mackerel are recreational landings will be monitored landings will be evaluated relative to unloaded, and provided such Spanish based on the commercial fishing year, the ACL based on a moving multi-year mackerel are unloaded prior to 6 p.m. July 1 through June 1. average of landings, as described in the § 622.386 Restrictions on sale/purchase. (b) Atlantic migratory group king FMP. The restrictions in this section are in mackerel—(1) Commercial sector—(i) If (3) The stock ACL for Atlantic addition to the restrictions on sale/ commercial landings, as estimated by migratory group king mackerel is 10.46 purchase related to quota closures as the SRD, reach or are projected to reach million lb (4.75 million kg). specified in § 622.384(e)(3). the quota specified in § 622.384(b)(2) (c) Gulf migratory group Spanish (a) Cut-off (damaged) king or Spanish (commercial ACL), the AA will file a mackerel. (1) If the sum of the mackerel. A person may not sell or notification with the Office of the commercial and recreational landings, purchase a cut-off (damaged) king or Federal Register to close the commercial as estimated by the SRD, reaches or is Spanish mackerel that does not comply sector for the remainder of the fishing projected to reach the stock ACL, as with the minimum size limits specified year. specified in paragraph (c)(3) of this in § 622.380(b) or (c), respectively, or (ii) In addition to the measures section, the AA will file a notification that is in excess of the trip limits specified in paragraph (b)(1)(i) of this with the Office of the Federal Register specified in § 622.385(a) or (b), section, if the sum of the commercial to close the commercial and recreational respectively. and recreational landings, as estimated sectors for the remainder of the fishing (b) [Reserved] by the SRD, exceeds the stock ACL, as year. On and after the effective date of specified in paragraph (b)(3) of this such a notification, all sale and § 622.387 Prevention of gear conflicts. section, and Atlantic migratory group purchase of Gulf migratory group (a) In accordance with the procedures king mackerel are overfished, based on Spanish mackerel is prohibited and the and restrictions of the FMP for Coastal the most recent status of U.S. Fisheries harvest and possession limit of this Migratory Pelagic Resources, when the Report to Congress, the AA will file a species in or from the Gulf EEZ is zero. RA determines that a conflict exists in notification with the Office of the This possession limit also applies in the the king mackerel fishery between hook- Federal Register, at or near the Gulf on board a vessel for which a valid and-line and gillnet fishermen in the beginning of the following fishing year Federal charter vessel/headboat permit South Atlantic EEZ off the east coast of to reduce the commercial quota for coastal migratory pelagic fish has Florida between 27°00.6′ N. lat. and (commercial ACL) for that following been issued, without regard to where 27°50.0′ N. lat., the RA may prohibit or year by the amount of any commercial such species were harvested, i.e. in state restrict the use of hook-and-line and/or sector overage in the prior fishing year. or Federal waters.

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(2) For purposes of tracking the ACL, evaluated based on the commercial beginning of the following fishing year recreational landings will be evaluated fishing year, March through February. to reduce the length of the following based on the commercial fishing year, Recreational landings will be evaluated recreational fishing season by the April through March. relative to the ACL based on a moving amount necessary to ensure recreational (3) The stock ACL for Gulf migratory multi-year average of landings, as landings may achieve the recreational group Spanish mackerel is 5.15 million described in the FMP. ACT, but do not exceed the recreational lb (4.75 million kg). (3) The stock ACL for Atlantic ACL in the following fishing year. (d) Atlantic migratory group Spanish migratory group Spanish mackerel is Further, during that following year, if mackerel—(1) Commercial sector. (i) If 5.69 million lb (2.58 million kg). necessary, the AA may file additional commercial landings, as estimated by (e) Gulf migratory group cobia. (1) If notification with the Office of the the SRD, reach or are projected to reach the sum of the commercial and Federal Register to readjust the reduced the quota specified in § 622.384(c)(2) recreational landings, as estimated by fishing season to ensure recreational (commercial ACL), the AA will file a the SRD, reaches or is projected to reach harvest achieves but does not exceed the notification with the Office of the the stock ACT, as specified in paragraph intended harvest level. The recreational Federal Register to close the commercial (e)(2) of this section, the AA will file a ACT is 1,184,688 lb (537,365 kg). The sector for the remainder of the fishing notification with the Office of the recreational ACL is 1,445,687 (655,753 year. Federal Register to close the commercial kg). (ii) In addition to the measures and recreational sectors for the (ii) In addition to the measures specified in paragraph (d)(1)(i) of this remainder of the fishing year. On and specified in paragraph (f)(2)(i) of this section, if the sum of the commercial after the effective date of such a section, if the sum of the commercial and recreational landings, as estimated notification, all sale and purchase of and recreational landings, as estimated by the SRD, exceeds the stock ACL, as Gulf migratory group cobia is prohibited by the SRD, exceeds the stock ACL, as specified in paragraph (d)(3) of this and the harvest and possession limit of specified in paragraph (f)(3) of this section, and Atlantic migratory group this species in or from the Gulf EEZ is section, and Atlantic migratory group Spanish mackerel are overfished, based zero. This bag and possession limit also cobia are overfished, based on the most on the most recent status of U.S. applies in the Gulf on board a vessel for recent status of U.S. Fisheries Report to Fisheries Report to Congress, the AA which a valid Federal charter vessel/ Congress, the AA will file a notification will file a notification with the Office of headboat permit for coastal migratory with the Office of the Federal Register, the Federal Register, at or near the pelagic fish has been issued, without at or near the beginning of the following beginning of the following fishing year regard to where such species were fishing year to reduce the recreational to reduce the commercial quota harvested, i.e. in state or Federal water. ACL and ACT for that following year by (commercial ACL) for that following (2) The stock ACT for Gulf migratory the amount of any recreational sector year by the amount of any commercial group cobia is 1.31 million lb (0.59 overage in the prior fishing year. sector overage in the prior fishing year. million kg). The stock ACL for Gulf (iii) Recreational landings will be (2) Recreational sector. (i) If the sum migratory group cobia is 1.46 million lb evaluated relative to the ACL based on of the commercial and recreational (0.66 million kg). a moving multi-year average of landings, landings, as estimated by the SRD, (f) Atlantic migratory group cobia—(1) as described in the FMP. exceeds the stock ACL, as specified in Commercial sector. (i) If commercial (3) The stock ACL for Atlantic paragraph (d)(3) of this section, the AA landings, as estimated by the SRD, reach migratory group cobia is 1,571,399 lb will file a notification with the Office of or are projected to reach the quota (712,775 kg). the Federal Register, at or near the specified in § 622.384(d)(2) (commercial beginning of the following fishing year ACL), the AA will file a notification § 622.389 Adjustment of management to reduce the bag limit by the amount with the Office of the Federal Register measures. necessary to ensure recreational to close the commercial sector for the In accordance with the framework landings may achieve the recreational remainder of the fishing year. procedures of the FMP for Coastal ACT, but do not exceed the recreational (ii) In addition to the measures Migratory Pelagic Resources, the RA ACL, in the following fishing year. The specified in paragraph (f)(1)(i) of this may establish or modify the following recreational ACT is 2.32 million lb (1.05 section, if the sum of the commercial items specified in paragraph (a) of this million kg). The recreational ACL is and recreational landings, as estimated section for coastal migratory pelagic 2.56 million lb (1.16 million kg). by the SRD, exceeds the stock ACL, as fish. (ii) In addition to the measures specified in paragraph (f)(3) of this (a) For a species or species group: specified in paragraph (d)(2)(i) of this section, and Atlantic migratory group Reporting and monitoring requirements, section, if the sum of the commercial cobia are overfished, based on the most permitting requirements, bag and and recreational landings, as estimated recent status of U.S. Fisheries Report to possession limits (including a bag limit by the SRD, exceeds the stock ACL, as Congress, the AA will file a notification of zero), size limits, vessel trip limits, specified in paragraph (d)(3) of this with the Office of the Federal Register, closed seasons or areas and reopenings, section, and Atlantic migratory group at or near the beginning of the following annual catch limits (ACLs), annual Spanish mackerel are overfished, based fishing year to reduce the commercial catch targets (ACTs), quotas (including on the most recent status of U.S. quota (commercial ACL) for that a quota of zero), accountability Fisheries Report to Congress, the AA following year by the amount of any measures (AMs), MSY (or proxy), OY, will file a notification with the Office of commercial sector overage in the prior TAC, management parameters such as the Federal Register, at or near the fishing year. overfished and overfishing definitions, beginning of the following fishing year (2) Recreational sector. (i) If the sum gear restrictions (ranging from to reduce the recreational ACT for that of the commercial and recreational regulation to complete prohibition), gear following year by the amount of any landings, as estimated by the SRD, markings and identification, vessel recreational sector overage in the prior exceeds the stock ACL, as specified in markings and identification, allowable fishing year. paragraph (f)(3) of this section, the AA biological catch (ABC) and ABC control (iii) For purposes of tracking the ACL will file a notification with the Office of rules, rebuilding plans, sale and and ACT, recreational landings will be the Federal Register, at or near the purchase restrictions, transfer at sea

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provisions, and restrictions relative to for a Federal vessel permit specified in applicant certifying that his or her conditions of harvested fish paragraph (a)(1)(ii) of this section, the fishing activity— (maintaining fish in whole condition, earned income qualification specified in (A) Is routinely conducted in the EEZ use as bait). paragraph (b)(2)(vi) of this section must on trips of 48 hours or more; and (b) [Reserved] be met by, and the statement required (B) Necessitates the separation of by that paragraph must be submitted by, carapace and tail to maintain a quality § 622.390 Prohibitions. an officer or shareholder of the product. In addition to the prohibitions in corporation, a general partner of the (ix) Any other information that may § 600.725 of this chapter and the general partnership, or the vessel operator. be necessary for the issuance or prohibitions in § 622.13, it is unlawful (4) Operator-qualified permits. A administration of the permit. for any person to violate any provisions vessel permit issued upon the (3) The RA may require the applicant of §§ 622.370 through 622.389. qualification of an operator is valid only to provide documentation supporting when that person is the operator of the the sworn statement under paragraph Subpart R—Spiny Lobster Fishery of vessel. (b)(2)(vi) of this section before a permit the Gulf of Mexico and South Atlantic (b) Applications for permits. (1) An is issued or to substantiate why such § 622.400 Permits and fees. application for a Federal vessel and/or permit should not be revoked or tail-separation permit must be otherwise sanctioned under paragraph (a) Applicability—(1) Licenses, submitted and signed by the owner (in (i) of this section. Such required certificates, and permits—(i) EEZ off the case of a corporation, a qualifying documentation may include copies of Florida and spiny lobster landed in officer or shareholder; in the case of a appropriate forms and schedules from Florida. For a person to sell, trade, or partnership, a qualifying general the applicant’s income tax return. barter, or attempt to sell, trade, or barter, partner) or operator of the vessel. The Copies of income tax forms and a spiny lobster harvested or possessed application must be submitted to the RA schedules are treated as confidential. in the EEZ off Florida, or harvested in at least 30 days prior to the date on (c) Change in application information. the EEZ other than off Florida and which the applicant desires to have the The owner or operator of a vessel with landed from a fishing vessel in Florida, permit made effective. a permit must notify the RA within 30 or for a person to be exempt from the (2) An applicant must provide the days after any change in the application daily bag and possession limit specified following information: information specified in paragraph (b) of in § 622.408(b)(1) for such spiny lobster, (i) A copy of the vessel’s U.S. Coast this section. The permit is void if any such person must have the licenses and Guard certificate of documentation or, if change in the information is not certificates specified to be a not documented, a copy of its state reported within 30 days. ‘‘commercial harvester,’’ as defined in registration certificate. (d) Fees. A fee is charged for each Rule 68B–24.002, Florida (ii) The vessel’s name and official permit application submitted under Administrative Code, in effect as of July number. paragraph (b) of this section. The 1, 2008 (incorporated by reference, see (iii) Name, mailing address including amount of the fee is calculated in § 622.413). zip code, telephone number, social accordance with the procedures of the (ii) EEZ other than off Florida. For a security number, and date of birth of the NOAA Finance Handbook for person to sell, trade, or barter, or owner (if the owner is a corporation/ determining the administrative costs of attempt to sell, trade, or barter, a spiny partnership, in lieu of the social security each special product or service. The fee lobster harvested in the EEZ other than number, provide the employer may not exceed such costs and is off Florida or for a person to be exempt identification number, if one has been specified with each application form. from the daily bag and possession limit assigned by the Internal Revenue The appropriate fee must accompany specified in § 622.408(b)(1) for such Service, and, in lieu of the date of birth, each application. spiny lobster, a Federal vessel permit provide the date the corporation/ (e) Issuance. (1) The RA will issue a must be issued to the harvesting vessel partnership was formed). permit at any time to an applicant if the and must be on board. However, see (iv) If the owner does not meet the application is complete and the paragraph (a)(1)(i) of this section for the earned income qualification specified in applicant meets the earned income licenses and certificates required for a paragraph (b)(2)(vi) of this section and requirement specified in paragraph person to possess or land spiny lobster the operator does meet that (b)(2)(vi) of this section. An application harvested in the EEZ other than off qualification, the name, mailing address is complete when all requested forms, Florida and subsequently possessed in including zip code, telephone number, information, and documentation have the EEZ off Florida or landed from a social security number, and date of birth been received. fishing vessel in Florida. of the operator. (2) Upon receipt of an incomplete (2) Tail-separation permits. For a (v) Information concerning vessel, application, the RA will notify the person to possess aboard a fishing vessel gear used, fishing areas, and fisheries applicant of the deficiency. If the a separated spiny lobster tail in or from vessel is used in, as requested by the RA applicant fails to correct the deficiency the EEZ, a valid Federal tail-separation and included on the application form. within 30 days of the date of the RA’s permit must be issued to the vessel and (vi) A sworn statement by the letter of notification, the application must be on board. Permitting applicant for a vessel permit certifying will be considered abandoned. prerequisites for the tail-separation that at least 10 percent of his or her (f) Duration. A permit remains valid permit are either a valid Federal vessel earned income was derived from for the period specified on it unless the permit for spiny lobster or a valid commercial fishing, that is, sale of the vessel is sold or the permit is revoked, Florida Saltwater Products License with catch, during the calendar year suspended, or modified pursuant to a valid Florida Restricted Species preceding the application. subpart D of 15 CFR part 904. Endorsement and a valid Crawfish (vii) Documentation supporting the (g) Transfer. A permit issued pursuant Endorsement. statement of income, if required under to this section is not transferable or (3) Corporation/partnership-owned paragraph (b)(3) of this section. assignable. A person purchasing a vessels. For a vessel owned by a (viii) If a tail-separation permit is permitted vessel who desires to conduct corporation or partnership to be eligible desired, a sworn statement by the activities for which a permit is required

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must apply for a permit in accordance vessel in numbers at least 10 inches other than the authorized fishing with the provisions of paragraph (b) of (25.4 cm) high so as to be readily season, will be considered derelict and this section. The application must be identifiable from the air and water; may be disposed of in accordance with accompanied by a copy of a signed bill (ii) If the vessel uses spiny lobster Rules 68B–55.002 and 68B–55.004 of of sale. traps in the EEZ, other than off the Florida Administrative Code, in (h) Display. A permit issued pursuant Florida— effect as of October 15, 2007 to this section must be carried on board (A) The vessel’s color code, as (incorporated by reference, see the vessel, and such vessel must be assigned by Florida or, if a color code § 622.413). An owner of such trap or identified as required by § 622.402. The has not been assigned by Florida, as buoy remains subject to appropriate operator of a vessel must present the assigned by the RA, must be civil penalties. permit for inspection upon the request permanently and conspicuously (2) EEZ other than off Florida. Such of an authorized officer. displayed above the number specified in trap or buoy, and any connecting lines, (i) Sanctions and denials. A permit paragraph (b)(1)(i) of this section so as will be considered unclaimed or issued pursuant to this section may be to be readily identifiable from the air abandoned property and may be revoked, suspended, or modified, and a and water, such color code being in the disposed of in any manner considered permit application may be denied, in form of a circle at least 20 inches (50.8 appropriate by the Assistant accordance with the procedures cm) in diameter on a background of Administrator or an authorized officer. governing enforcement-related permit colors contrasting to those contained in An owner of such trap or buoy remains sanctions and denials found at subpart the assigned color code; subject to appropriate civil penalties. (B) A buoy or timed-release buoy of D of 15 CFR part 904. § 622.403 Seasons. (j) Alteration. A permit that is altered, such strength and buoyancy to float erased, or mutilated is invalid. must be attached to each spiny lobster (a) EEZ off the southern Atlantic (k) Replacement. A replacement trap or at each end of a string of traps; states, other than Florida. In the EEZ off permit may be issued. An application (C) A buoy used to mark spiny lobster the southern Atlantic states, other than for a replacement permit will not be traps must bear the vessel’s assigned Florida, there are no seasonal considered a new application. A fee, the color code and be of such color, hue, restrictions on the harvest of spiny amount of which is stated with the and brilliancy as to be easily lobster or on the possession of traps. (b) EEZ off Florida and off the Gulf application form, must accompany each distinguished, seen, and located; states, other than Florida—(1) request for a replacement permit. (D) A buoy used to mark spiny lobster traps must bear the vessel’s Florida Commercial and recreational fishing § 622.401 Recordkeeping and reporting. crawfish license or trap number or, if season. The commercial and [Reserved] not licensed by Florida, the vessel’s recreational fishing season for spiny Federal vessel permit number in lobster in the EEZ off Florida and the § 622.402 Vessel and gear identification. numbers at least 2 inches (5.08 cm) EEZ off the Gulf states, other than (a) EEZ off Florida. (1) An owner or high; and Florida, begins on August 6 and ends on operator of a vessel that is used to (E) A spiny lobster trap must bear the March 31. harvest spiny lobster by traps in the EEZ vessel’s Florida crawfish license or trap (2) Special recreational fishing off Florida must comply with the vessel number or, if not licensed by Florida, seasons—(i) EEZ off Florida. There is a and gear identification requirements the vessel’s Federal vessel permit 2-day special recreational fishing season specified in sections 379.367(2)(a)(1) number permanently and legibly in the EEZ off Florida on the last and 379.367(3), Florida Statutes, in affixed. Wednesday and successive Thursday of effect as of July 1, 2008 and in Rule (2) A spiny lobster trap in the EEZ, July each year during which fishing for 68B–24.006(3), (4), and (5), Florida other than off Florida, will be presumed spiny lobster is limited to diving or use Administrative Code, in effect as of July to be the property of the most recently of a bully net or hoop net. (See 1, 2008 (incorporated by reference, see documented owner. Upon the sale or § 622.404 for general prohibitions on § 622.413). transfer of a spiny lobster trap used in gear and methods.) In the EEZ off (2) An owner or operator of a vessel the EEZ, other than off Florida, within Monroe County, Florida, no person may that is used to harvest spiny lobsters by 5 days of acquiring ownership, the harvest spiny lobster by diving at night, diving in the EEZ off Florida must person acquiring ownership must notify that is, from 1 hour after official sunset comply with the vessel identification the Florida Division of Law to 1 hour before official sunrise, during requirements applicable to the Enforcement of the Department of this 2-day special recreational fishing harvesting of spiny lobsters by diving in Environmental Protection for a trap that season. Florida’s waters in Rule 68B–24.006(6), bears a Florida crawfish license or trap (ii) EEZ off the Gulf states, other than Florida Administrative Code, in effect as number, or the RA, for a trap that bears Florida. There is a 2-day special of July 1, 2008 (incorporated by a Federal vessel permit number, as to recreational fishing season in the EEZ reference, see § 622.413). the number of traps purchased, the off the Gulf states, other than Florida, (b) EEZ other than off Florida. (1) The vendor, and the crawfish license or trap during the last Saturday and successive owner or operator of a vessel that is number, or Federal vessel permit Sunday of July each year during which used to harvest spiny lobsters in the number, currently displayed on the fishing for spiny lobster may be EEZ other than off Florida, must meet traps, and must request issuance of a conducted by authorized gear and the following vessel and gear crawfish license or trap number, or methods other than traps. (See § 622.404 identification requirements: Federal vessel permit, if the acquiring for prohibitions on gear and methods.) (i) The vessel’s Florida crawfish owner does not possess such license or (3) Possession of traps. (i) In the EEZ license or trap number or, if not trap number or permit. off Florida, the rules and regulations licensed by Florida, the vessel’s Federal (c) Unmarked traps and buoys. An applicable to the possession of spiny vessel permit number must be unmarked spiny lobster trap or buoy in lobster traps in Florida’s waters in Rule permanently and conspicuously the EEZ is illegal gear. 68B–24.005(3), (4), and (5), Florida displayed horizontally on the (1) EEZ off Florida. Such trap or buoy, Administrative Code, in effect as of June uppermost structural portion of the and any connecting lines, during times 1, 1994 (incorporated by reference, see

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§ 622.413), apply in their entirety to the pierced, or punctured spiny lobster is § 622.406 Areas closed to lobster trap possession of spiny lobster traps in the prima facie evidence that prohibited gear. EEZ off Florida. A spiny lobster trap, gear was used to take such lobster. (a) Fishing with spiny lobster trap buoy, or rope in the EEZ off Florida, Hook, as used in this paragraph (a), does gear is prohibited year-round in the during periods not authorized in this not include a hook in a hook-and-line following areas bounded by rhumb lines paragraph will be considered derelict fishery for species other than spiny connecting, in order, the points listed. and may be disposed of in accordance lobster; and possession of a spiny (1) Lobster Trap Gear Closed Area 1. with Rules 68B–55.002 and 68B–55.004 lobster that has been speared, pierced, of the Florida Administrative Code, in or punctured by such hook is not Point North lat. West long. effect as of October 15, 2007 considered evidence that prohibited ° ′ ″ ° ′ ″ (incorporated by reference, see A ...... 24 31 15.002 81 31 00.000 gear was used to take the spiny lobster, B ...... 24°31′15.002″ 81°31′19.994″ § 622.413). An owner of such trap, buoy, provided no prohibited gear is on board C ...... 24°31′29.999″ 81°31′19.994″ or rope remains subject to appropriate the vessel. D ...... 24°31′29.999″ 81°31′00.000″ civil penalties. (b) A spiny lobster may not be taken A ...... 24°31′15.002″ 81°31′00.000″ (ii) In the EEZ off the Gulf states, in a directed fishery by the use of a net other than Florida, a spiny lobster trap or trawl. See § 622.408(b)(4) for the (2) Lobster Trap Gear Closed Area 2. may be placed in the water prior to the bycatch limits applicable to a vessel that commercial and recreational fishing uses or has on board a net or trawl. Point North lat. West long. season, which is specified in paragraph (b)(1) of this section, beginning on (c) Poisons and explosives may not be A ...... 24°31′20.205″ 81°30′17.213″ August 1 and must be removed from the used to take a spiny lobster in the EEZ. B ...... 24°31′17.858″ 81°30′27.700″ For the purposes of this paragraph (c), C ...... 24°31′27.483″ 81°30′30.204″ water after such season not later than ° ′ ″ ° ′ ″ April 5. A spiny lobster trap, buoy, or chlorine, bleach, and similar substances, D ...... 24 31 29.831 81 30 19.483 A ...... 24°31′20.205″ 81°30′17.213″ rope in the EEZ off the Gulf states, other which are used to flush a spiny lobster out of rocks or coral, are poisons. A than Florida, during periods not (3) Lobster Trap Gear Closed Area 3. authorized in this paragraph will be vessel in the spiny lobster fishery may not possess on board in the EEZ any considered unclaimed or abandoned Point North lat. West long. property and may be disposed of in any dynamite or similar explosive manner considered appropriate by the substance. A ...... 24°31′42.665″ 81°30′02.892″ Assistant Administrator or an B ...... 24°31′45.013″ 81°29′52.093″ § 622.405 Trap construction specifications ° ′ ″ ° ′ ″ authorized officer. An owner of such and tending restrictions. C ...... 24 31 34.996 81 29 49.745 D ...... 24°31′32.335″ 81°30′00.466″ trap, buoy, or rope remains subject to ° ′ ″ ° ′ ″ appropriate civil penalties. (a) Construction specifications. In the A ...... 24 31 42.665 81 30 02.892 (4) Possession of spiny lobsters. In the EEZ, a spiny lobster trap may be no EEZ off Florida and the Gulf states, a larger in dimension than 3 feet by 2 feet (4) Lobster Trap Gear Closed Area 4. whole or a part of a spiny lobster subject by 2 feet (91.4 cm by 61.0 cm by 61.0 Point North lat. West long. to these regulations may only be cm), or the volume equivalent. A trap constructed of material other than wood possessed during the commercial and A ...... 24°31′50.996″ 81°28′39.999″ recreational fishing season and the must have a panel constructed of wood, B ...... 24°31′50.996″ 81°29′03.002″ special recreational fishing season cotton, or other material that will C ...... 24°31′56.998″ 81°29′03.002″ specified in § 622.403, unless degrade at the same rate as a wooden D ...... 24°31′56.998″ 81°28′39.999″ accompanied by proof of lawful harvest trap. Such panel must be located in the A ...... 24°31′50.996″ 81°28′39.999″ in the waters of a foreign nation. upper half of the sides or on top of the Consistent with the provisions of trap, so that, when removed, there will (5) Lobster Trap Gear Closed Area 5. paragraphs (b)(3)(i) and (ii) of this be an opening in the trap no smaller section, a spiny lobster in a trap in this than the diameter found at the throat or Point North lat. West long. entrance of the trap. area will not be deemed to be possessed A ...... 24°32′20.014″ 81°26′20.390″ provided such spiny lobster is returned (b) Tending restrictions. (1) A spiny B ...... 24°32′13.999″ 81°26′41.999″ immediately to the water unharmed lobster trap in the EEZ may be pulled or C ...... 24°32′27.004″ 81°26′45.611″ when a trap is removed from the water tended during daylight hours only, that D ...... 24°32′33.005″ 81°26′23.995″ between March 31 and April 15. is, from 1 hour before official sunrise to A ...... 24°32′20.014″ 81°26′20.390″ (c) Primacy of seasonal restrictions in 1 hour after official sunset. the EEZ off Florida. The seasonal (2) A spiny lobster trap in the EEZ (6) Lobster Trap Gear Closed Area 6. restrictions applicable in the EEZ off may be pulled or tended only by the Florida apply to all spiny lobsters and owner’s vessel, except that permission Point North lat. West long. traps in the EEZ off Florida, without to pull or work traps belonging to A ...... 24°32′30.011″ 81°24′47.000″ regard to harvest or use elsewhere, another person may be granted— B ...... 24°32′23.790″ 81°24′56.558″ unless accompanied by proof of lawful (i) For traps in the EEZ off Florida, by C ...... 24°32′45.997″ 81°25′10.998″ harvest elsewhere. the Division of Law Enforcement, D ...... 24°32′52.218″ 81°25′01.433″ A ...... 24°32′30.011″ 81°24′47.000″ § 622.404 Prohibited gear and methods. Florida Fish and Wildlife Conservation Commission, in accordance with the Also see § 622.9 for additional (7) Lobster Trap Gear Closed Area 7. prohibited gear and methods that apply procedures in Rule 68B–24.006(7), Florida Administrative Code, in effect as more broadly to multiple fisheries or in Point North lat. West long. some cases all fisheries. of July 1, 2008 (incorporated by (a) A spiny lobster may not be taken reference, see § 622.413). A ...... 24°32′46.834″ 81°27′17.615″ in the EEZ with a spear, hook, or similar (ii) For traps in the EEZ, other than off B ...... 24°32′41.835″ 81°27′35.619″ device, or gear containing such devices. Florida, by the RA, as may be arranged C ...... 24°32′54.003″ 81°27′38.997″ ° ′ ″ ° ′ ″ In the EEZ, the possession of a speared, upon written request. D ...... 24 32 59.002 81 27 21.000

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Point North lat. West long. Point North lat. West long. (21) Lobster Trap Gear Closed Area 21. A ...... 24°32′46.834″ 81°27′17.615″ B ...... 24°44′37.004″ 80°46′58.000″ C ...... 24°44′47.002″ 80°46′58.000″ Point North lat. West long. (8) Lobster Trap Gear Closed Area 8. D ...... 24°44′47.002″ 80°46′47.000″ A ...... 24°44′37.004″ 80°46′47.000″ A ...... 24°56′53.006″ 80°27′46.997″ Point North lat. West long. B ...... 24°56′21.887″ 80°28′25.367″ ° ′ ″ ° ′ ″ (15) Lobster Trap Gear Closed Area C ...... 24 56 35.002 80 28 36.003 ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ A ...... 24 33 10.002 81 25 50.995 15. D ...... 24 57 06.107 80 27 57.626 B ...... 24°33′04.000″ 81°26′18.996″ A ...... 24°56′53.006″ 80°27′46.997″ ° ′ ″ ° ′ ″ C ...... 24 33 17.253 81 26 21.839 Point North lat. West long. D ...... 24°33′23.254″ 81°25′53.838″ (22) Lobster Trap Gear Closed Area ° ′ ″ ° ′ ″ A ...... 24 33 10.002 81 25 50.995 A ...... 24°49′53.946″ 80°38′17.646″ 22. B ...... 24°48′32.331″ 80°40′15.530″ (9) Lobster Trap Gear Closed Area 9. C ...... 24°48′44.389″ 80°40′23.879″ Point North lat. West long. D ...... 24°50′06.004″ 80°38′26.003″ ° ′ ″ ° ′ ″ Point North lat. West long. A ...... 24°49′53.946″ 80°38′17.646″ A ...... 24 57 35.001 80 27 14.999 B ...... 24°57′28.011″ 80°27′21.000″ A ...... 24°33′22.004″ 81°30′31.998″ C ...... 24°57′33.999″ 80°27′27.997″ B ...... 24°33′22.004″ 81°30′41.000″ (16) Lobster Trap Gear Closed Area D ...... 24°57′40.200″ 80°27′21.106″ C ...... 24°33′29.008″ 81°30′41.000″ 16. A ...... 24°57′35.001″ 80°27′14.999″ D ...... 24°33′29.008″ 81°30′31.998″ A ...... 24°33′22.004″ 81°30′31.998″ Point North lat. West long. (23) Lobster Trap Gear Closed Area ° ′ ″ ° ′ ″ 23. (10) Lobster Trap Gear Closed Area A ...... 24 53 32.085 80 33 22.065 B ...... 24°53′38.992″ 80°33′14.670″ 10. Point North lat. West long. C ...... 24°53′31.673″ 80°33′07.155″ D ...... 24°53′24.562″ 80°33′14.886″ Point North lat. West long. A ...... 24°58′58.154″ 80°26′03.911″ A ...... 24°53′32.085″ 80°33′22.065″ B ...... 24°58′48.005″ 80°26′10.001″ A ...... 24°33′33.004″ 81°30′00.000″ C ...... 24°58′52.853″ 80°26′18.090″ B ...... 24°33′33.004″ 81°30′09.998″ (17) Lobster Trap Gear Closed Area D ...... 24°59′03.002″ 80°26′11.999″ C ...... 24°33′41.999″ 81°30′09.998″ 17. A ...... 24°58′58.154″ 80°26′03.911″ D ...... 24°33′41.999″ 81°30′00.000″ A ...... 24°33′33.004″ 81°30′00.000″ Point North lat. West long. (24) Lobster Trap Gear Closed Area 24. (11) Lobster Trap Gear Closed Area A ...... 24°53′33.410″ 80°32′50.247″ ° ′ ″ ° ′ ″ 11. B ...... 24 53 40.149 80 32 42.309 Point North lat. West long. C ...... 24°53′32.418″ 80°32′35.653″ ° ′ ″ ° ′ ″ Point North lat. West long. D ...... 24 53 25.348 80 32 43.302 A ...... 24°59′17.009″ 80°24′32.999″ A ...... 24°53′33.410″ 80°32′50.247″ B ...... 24°58′41.001″ 80°25′21.998″ A ...... 24°33′50.376″ 81°23′35.039″ C ...... 24°58′57.591″ 80°25′34.186″ B ...... 24°33′27.003″ 81°24′51.003″ (18) Lobster Trap Gear Closed Area D ...... 24°59′33.598″ 80°24′45.187″ C ...... 24°33′40.008″ 81°24′54.999″ 18. A ...... 24°59′17.009″ 80°24′32.999″ D ...... 24°34′03.382″ 81°23′39.035″ ° ′ ″ ° ′ ″ A ...... 24 33 50.376 81 23 35.039 Point North lat. West long. (25) Lobster Trap Gear Closed Area 25. (12) Lobster Trap Gear Closed Area A ...... 24°54′06.317″ 80°32′34.115″ 12. B ...... 24°53′59.368″ 80°32′41.542″ Point North lat. West long. C ...... 24°54′06.667″ 80°32′48.994″ Point North lat. West long. D ...... 24°54′13.917″ 80°32′41.238″ A ...... 24°59′44.008″ 80°25′38.999″ A ...... 24°54′06.317″ 80°32′34.115″ B ...... 24°59′27.007″ 80°25′48.997″ A ...... 24°34′00.003″ 81°19′29.996″ C ...... 24°59′32.665″ 80°25′58.610″ B ...... 24°34′00.003″ 81°20′04.994″ (19) Lobster Trap Gear Closed Area D ...... 24°59′49.666″ 80°25′48.612″ ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ C ...... 24 34 24.997 81 20 04.994 19. A ...... 24 59 44.008 80 25 38.999 D ...... 24°34′24.997″ 81°19′29.996″ A ...... 24°34′00.003″ 81°19′29.996″ Point North lat. West long. (26) Lobster Trap Gear Closed Area 26. (13) Lobster Trap Gear Closed Area A ...... 24°54′06.000″ 80°31′33.995″ 13. B ...... 24°54′06.000″ 80°31′45.002″ Point North lat. West long. C ...... 24°54′36.006″ 80°31′45.002″ Point North lat. West long. D ...... 24°54′36.006″ 80°31′33.995″ A ...... 25°01′00.006″ 80°21′55.002″ A ...... 24°54′06.000″ 80°31′33.995″ B ...... 25°01′00.006″ 80°22′11.996″ A ...... 24°35′19.997″ 81°14′25.002″ C ...... 25°01′18.010″ 80°22′11.996″ B ...... 24°35′19.997″ 81°14′34.999″ ° ′ ″ ° ′ ″ (20) Lobster Trap Gear Closed Area D ...... 25 01 18.010 80 21 55.002 C ...... 24°35′29.006″ 81°14′34.999″ A ...... 25°01′00.006″ 80°21′55.002″ D ...... 24°35′29.006″ 81°14′25.002″ 20. A ...... 24°35′19.997″ 81°14′25.002″ (27) Lobster Trap Gear Closed Area Point North lat. West long. 27. (14) Lobster Trap Gear Closed Area A ...... 24°56′21.104″ 80°28′52.331″ 14. B ...... 24°56′17.012″ 80°29′05.995″ Point North lat. West long. C ...... 24°56′26.996″ 80°29′08.996″ Point North lat. West long. ° ′ ″ ° ′ ″ A ...... 25°01′34.997″ 80°23′12.998″ D ...... 24 56 31.102 80 28 55.325 ° ′ ″ ° ′ ″ A ...... 24°56′21.104″ 80°28′52.331″ B ...... 25 01 18.010 80 23 44.000 A ...... 24°44′37.004″ 80°46′47.000″ C ...... 25°01′22.493″ 80°23′46.473″

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Point North lat. West long. Point North lat. West long. (41) Lobster Trap Gear Closed Area 41. D ...... 25°01′36.713″ 80°23′37.665″ A ...... 25°03′30.196″ 80°21′34.263″ E ...... 25°01′46.657″ 80°23′19.390″ B ...... 25°03′39.267″ 80°21′29.506″ Point North lat. West long. A ...... 25°01′34.997″ 80°23′12.998″ C ...... 25°03′35.334″ 80°21′19.801″ D ...... 25°03′26.200″ 80°21′24.304″ A ...... 25°08′58.007″ 80°17′24.999″ (28) Lobster Trap Gear Closed Area A ...... 25°03′30.196″ 80°21′34.263″ B ...... 25°08′58.007″ 80°17′35.999″ 28. C ...... 25°09′09.007″ 80°17′35.999″ (35) Lobster Trap Gear Closed Area D ...... 25°09′09.007″ 80°17′24.999″ ° ′ ″ ° ′ ″ Point North lat. West long. 35. A ...... 25 08 58.007 80 17 24.999

A ...... 25°01′38.005″ 80°21′25.998″ Point North lat. West long. (42) Lobster Trap Gear Closed Area B ...... 25°01′28.461″ 80°21′46.158″ 42. C ...... 25°01′45.009″ 80°21′53.999″ A ...... 25°03′26.001″ 80°19′43.001″ D ...... 25°01′54.553″ 80°21′33.839″ B ...... 25°03′26.001″ 80°19′54.997″ Point North lat. West long. A ...... 25°01′38.005″ 80°21′25.998″ C ...... 25°03′41.011″ 80°19′54.997″ D ...... 25°03′41.011″ 80°19′43.001″ A ...... 25°09′10.999″ 80°16′00.000″ (29) Lobster Trap Gear Closed Area A ...... 25°03′26.001″ 80°19′43.001″ B ...... 25°09′10.999″ 80°16′09.997″ 29. C ...... 25°09′20.996″ 80°16′09.997″ (36) Lobster Trap Gear Closed Area D ...... 25°09′20.996″ 80°16′00.000″ ° ′ ″ ° ′ ″ Point North lat. West long. 36. A ...... 25 09 10.999 80 16 00.000 ° ′ ″ ° ′ ″ A ...... 25 01 53.001 80 23 08.995 Point North lat. West long. (43) Lobster Trap Gear Closed Area B ...... 25°01′53.001″ 80°23′17.997″ 43. C ...... 25°02′01.008″ 80°23′17.997″ A ...... 25°07′03.008″ 80°17′57.999″ D ...... 25°02′01.008″ 80°23′08.995″ B ...... 25°07′03.008″ 80°18′10.002″ Point North lat. West long. A ...... 25°01′53.001″ 80°23′08.995″ C ...... 25°07′14.997″ 80°18′10.002″ D ...... 25°07′14.997″ 80°17′57.999″ A ...... 25°09′28.316″ 80°17′03.713″ (30) Lobster Trap Gear Closed Area A ...... 25°07′03.008″ 80°17′57.999″ B ...... 25°09′14.006″ 80°17′17.000″ 30. C ...... 25°09′21.697″ 80°17′25.280″ D ...... 25°09′36.006″ 80°17′12.001″ (37) Lobster Trap Gear Closed Area ° ′ ″ ° ′ ″ Point North lat. West long. 37. A ...... 25 09 28.316 80 17 03.713 ° ′ ″ ° ′ ″ A ...... 25 02 20.000 80 22 11.001 Point North lat. West long. (44) Lobster Trap Gear Closed Area B ...... 25°02′10.003″ 80°22′50.002″ 44. ° ′ ″ ° ′ ″ C ...... 25 02 22.252 80 22 53.140 A ...... 25°07′51.156″ 80°17′27.910″ ° ′ ″ ° ′ ″ D ...... 25 02 32.250 80 22 14.138 B ...... 25°07′35.857″ 80°17′37.091″ Point North lat. West long. ° ′ ″ ° ′ ″ A ...... 25 02 20.000 80 22 11.001 C ...... 25°07′43.712″ 80°17′50.171″ D ...... 25°07′59.011″ 80°17′40.998″ A ...... 25°10′00.011″ 80°16′06.000″ (31) Lobster Trap Gear Closed Area A ...... 25°07′51.156″ 80°17′27.910″ B ...... 25°10′00.011″ 80°16′17.000″ 31. C ...... 25°10′09.995″ 80°16′17.000″ ° ′ ″ ° ′ ″ (38) Lobster Trap Gear Closed Area D ...... 25 10 09.995 80 16 06.000 A ...... 25°10′00.011″ 80°16′06.000″ Point North lat. West long. 38. A ...... 25°02′29.503″ 80°20′30.503″ Point North lat. West long. (45) Lobster Trap Gear Closed Area B ...... 25°02′16.498″ 80°20′43.501″ 45. C ...... 25°02′24.999″ 80°20′52.002″ A ...... 25°08′12.002″ 80°17′09.996″ D ...... 25°02′38.004″ 80°20′38.997″ B ...... 25°07′55.001″ 80°17′26.997″ Point North lat. West long. A ...... 25°02′29.503″ 80°20′30.503″ C ...... 25°08′04.998″ 80°17′36.995″ ° ′ ″ ° ′ ″ D ...... 25°08′22.000″ 80°17′20.000″ A ...... 25 10 29.002 80 15 52.995 ° ′ ″ ° ′ ″ (32) Lobster Trap Gear Closed Area A ...... 25°08′12.002″ 80°17′09.996″ B ...... 25 10 29.002 80 16 04.002 32. C ...... 25°10′37.997″ 80°16′04.002″ ° ′ ″ ° ′ ″ (39) Lobster Trap Gear Closed Area D ...... 25 10 37.997 80 15 52.995 A ...... 25°10′29.002″ 80°15′52.995″ Point North lat. West long. 39. A ...... 25°02′34.008″ 80°21′57.000″ (46) Lobster Trap Gear Closed Area Point North lat. West long. B ...... 25°02′34.008″ 80°22′14.997″ 46. C ...... 25°02′50.007″ 80°22′14.997″ A ...... 25°08′18.003″ 80°17′34.001″ D ...... 25°02′50.007″ 80°21′57.000″ B ...... 25°08′18.003″ 80°17′45.997″ Point North lat. West long. A ...... 25°02′34.008″ 80°21′57.000″ C ...... 25°08′29.003″ 80°17′45.997″ ° ′ ″ ° ′ ″ D ...... 25°08′29.003″ 80°17′34.001″ A ...... 25 11 05.998 80 14 25.997 ° ′ ″ ° ′ ″ (33) Lobster Trap Gear Closed Area A ...... 25°08′18.003″ 80°17′34.001″ B ...... 25 11 05.998 80 14 38.000 33. C ...... 25°11′20.006″ 80°14′38.000″ ° ′ ″ ° ′ ″ (40) Lobster Trap Gear Closed Area D ...... 25 11 20.006 80 14 25.997 Point North lat. West long. A ...... 25°11′05.998″ 80°14′25.997″ 40. A ...... 25°03′11.294″ 80°21′36.864″ (47) Lobster Trap Gear Closed Area Point North lat. West long. B ...... 25°03′02.540″ 80°21′43.143″ 47. C ...... 25°03′08.999″ 80°21′51.994″ ° ′ ″ ° ′ ″ A ...... 25°08′45.002″ 80°15′50.002″ D ...... 25 03 17.446 80 21 45.554 ° ′ ″ ° ′ ″ Point North lat. West long. A ...... 25°03′11.294″ 80°21′36.864″ B ...... 25 08 37.999 80 15 56.998 C ...... 25°08′42.009″ 80°16′00.995″ ° ′ ″ ° ′ ″ A ...... 25°12′00.998″ 80°13′24.996″ D ...... 25 08 48.999 80 15 53.998 ° ′ ″ ° ′ ″ (34) Lobster Trap Gear Closed Area A ...... 25°08′45.002″ 80°15′50.002″ B ...... 25 11 43.008 80 13 35.000 34. C ...... 25°11′48.007″ 80°13′44.002″

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

D ...... 25°12′06.011″ 80°13′33.998″ A ...... 25°20′57.996″ 80°09′50.000″ § 622.407 Minimum size limits and other A ...... 25°12′00.998″ 80°13′24.996″ B ...... 25°20′57.996″ 80°10′00.000″ harvest limitations. C ...... 25°21′07.005″ 80°10′00.000″ (a) Minimum size limits. (1) Except as (48) Lobster Trap Gear Closed Area D ...... 25°21′07.005″ 80°09′50.000″ provided in paragraph (c) of this ° ′ ″ ° ′ ″ 48. A ...... 25 20 57.996 80 09 50.000 section— (i) No person may possess a spiny (55) Lobster Trap Gear Closed Area Point North lat. West long. lobster in or from the EEZ with a 55. A ...... 25°12′18.343″ 80°14′32.768″ carapace length of 3.0 inches (7.62 cm) B ...... 25°12′02.001″ 80°14′44.001″ Point North lat. West long. or less; and C ...... 25°12′07.659″ 80°14′52.234″ (ii) A spiny lobster, harvested in the D ...... 25°12′24.001″ 80°14′41.001″ A ...... 25°21′45.004″ 80°09′51.998″ EEZ by means other than diving, with A ...... 25°12′18.343″ 80°14′32.768″ B ...... 25°21′38.124″ 80°09′56.722″ a carapace length of 3.0 inches (7.62 cm) C ...... 25°21′49.124″ 80°10′12.728″ ° ′ ″ ° ′ ″ or less must be returned immediately to (49) Lobster Trap Gear Closed Area D ...... 25 21 56.004 80 10 07.997 the water unharmed. A ...... 25°21′45.004″ 80°09′51.998″ 49. (2) No person may harvest or attempt to harvest a spiny lobster by diving in Point North lat. West long. (56) Lobster Trap Gear Closed Area 56. the EEZ unless he or she possesses, A ...... 25°15′23.998″ 80°12′29.000″ while in the water, a measuring device B ...... 25°15′04.676″ 80°12′36.120″ Point North lat. West long. capable of measuring the carapace C ...... 25°15′09.812″ 80°12′50.066″ length. A spiny lobster captured by a D ...... 25°15′29.148″ 80°12′42.946″ A ...... 25°21′49.000″ 80°09′21.999″ diver must be measured in the water A ...... 25°15′23.998″ 80°12′29.000″ B ...... 25°21′49.000″ 80°09′31.996″ using such measuring device and, if the ° ′ ″ ° ′ ″ C ...... 25 21 58.998 80 09 31.996 spiny lobster has a carapace length of (50) Lobster Trap Gear Closed Area D ...... 25°21′58.998″ 80°09′21.999″ A ...... 25°21′49.000″ 80°09′21.999″ 3.0 inches (7.62 cm) or less, it must be 50. released unharmed immediately without removal from the water. Point North lat. West long. (57) Lobster Trap Gear Closed Area 57. (3) Aboard a vessel authorized under A ...... 25°16′01.997″ 80°12′32.996″ paragraph (d) of this section to possess B ...... 25°15′33.419″ 80°12′52.394″ Point North lat. West long. a separated spiny lobster tail, no person C ...... 25°15′44.007″ 80°13′08.001″ may possess in or from the EEZ a D ...... 25°16′12.585″ 80°12′48.597″ A ...... 25°24′31.008″ 80°07′36.997″ separated spiny lobster tail with a tail ° ′ ″ ° ′ ″ A ...... 25°16′01.997″ 80°12′32.996″ B ...... 25 24 31.008 80 07 48.999 length less than 5.5 inches (13.97 cm). C ...... 25°24′41.005″ 80°07′48.999″ ° ′ ″ ° ′ ″ (b) Berried lobsters. A berried (egg- (51) Lobster Trap Gear Closed Area D ...... 25 24 41.005 80 07 36.997 A ...... 25°24′31.008″ 80°07′36.997″ bearing) spiny lobster in or from the 51. EEZ must be returned immediately to the water unharmed. If found in a trap Point North lat. West long. (58) Lobster Trap Gear Closed Area 58. in the EEZ, a berried spiny lobster may A ...... 25°16′33.006″ 80°13′30.001″ not be retained in the trap. A berried B ...... 25°16′33.006″ 80°13′41.001″ Point North lat. West long. spiny lobster in or from the EEZ may C ...... 25°16′34.425″ 80°13′41.026″ not be stripped of its eggs or otherwise ° ′ ″ ° ′ ″ D ...... 25°16′41.850″ 80°13′37.475″ A ...... 25 25 14.005 80 07 27.995 ° ′ ″ ° ′ ″ molested. The possession of a spiny E ...... 25°16′42.001″ 80°13′30.001″ B ...... 25 25 14.005 80 07 44.001 ° ′ ″ ° ′ ″ lobster, or part thereof, in or from the A ...... 25°16′33.006″ 80°13′30.001″ C ...... 25 25 26.008 80 07 44.001 D ...... 25°25′26.008″ 80°07′27.995″ EEZ from which eggs, swimmerettes, or A ...... 25°25′14.005″ 80°07′27.995″ pleopods have been removed or (52) Lobster Trap Gear Closed Area stripped is prohibited. 52. (59) Lobster Trap Gear Closed Area (c) Undersized attractants. A live Point North lat. West long. 59. spiny lobster under the minimum size limit specified in paragraph (a)(1) of this A ...... 25°17′04.715″ 80°12′11.305″ Point North lat. West long. section that is harvested in the EEZ by B ...... 25°16′17.007″ 80°12′27.997″ a trap may be retained aboard the ° ′ ″ ° ′ ″ C ...... 25°16′23.997″ 80°12′47.999″ A ...... 25 35 13.996 80 05 39.999 ° ′ ″ ° ′ ″ harvesting vessel for future use as an D ...... 25°17′11.705″ 80°12′31.300″ B ...... 25 35 13.996 80 05 50.999 ° ′ ″ ° ′ ″ attractant in a trap provided it is held A ...... 25°17′04.715″ 80°12′11.305″ C ...... 25 35 24.007 80 05 50.999 D ...... 25°35′24.007″ 80°05′39.999″ in a live well aboard the vessel. No more A ...... 25°35′13.996″ 80°05′39.999″ than fifty undersized spiny lobsters, and (53) Lobster Trap Gear Closed Area one per trap aboard the vessel, 53. (60) Lobster Trap Gear Closed Area whichever is greater, may be retained aboard for use as attractants. The live Point North lat. West long. 60. well must provide a minimum of 3⁄4 A ...... 25°17′23.008″ 80°12′40.000″ Point North lat. West long. gallons (1.7 liters) of seawater per spiny B ...... 25°17′23.008″ 80°12′49.997″ lobster. An undersized spiny lobster so ° ′ ″ ° ′ ″ C ...... 25°17′33.005″ 80°12′49.997″ A ...... 25 40 57.003 80 05 43.000 retained must be released to the water ° ′ ″ ° ′ ″ B ...... 25°40′57.003″ 80°05′54.000″ D ...... 25 17 33.005 80 12 40.000 ° ′ ″ ° ′ ″ alive and unharmed immediately upon A ...... 25°17′23.008″ 80°12′40.000″ C ...... 25 41 06.550 80 05 53.980 D ...... 25°41′18.136″ 80°05′49.158″ leaving the trap lines and prior to one E ...... 25°41′18.001″ 80°05′43.000″ hour after official sunset each day. No (54) Lobster Trap Gear Closed Area A ...... 25°40′57.003″ 80°05′43.000″ more than fifty undersized spiny 54. lobsters and one per trap aboard the

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vessel, may be retained aboard for use season specified in § 622.403(b)(1), spiny lobster into the United States— as attractants. aboard a vessel with the required one that applies any place subject to the (d) Tail separation. (1) The possession licenses, certificates, or permits jurisdiction of the United States other aboard a fishing vessel of a separated specified in § 622.400(a)(1) that harvests than Puerto Rico or the U.S. Virgin spiny lobster tail in or from the EEZ, is spiny lobster by net or trawl or has on Islands, and a more restrictive minimum authorized only when the possession is board a net or trawl, the possession of size limit that applies to Puerto Rico incidental to fishing exclusively in the spiny lobster in or from the EEZ off and the U.S. Virgin Islands. EEZ on a trip of 48 hours or more and Florida and off the Gulf states, other (1) No person may import a spiny a valid Federal tail-separation permit, than Florida, may not exceed at any lobster with less than a 5-ounce (142- and either a valid Federal vessel permit time 5 percent, whole weight, of the gram) tail weight into any place subject for spiny lobster or a valid Florida total whole weight of all fish lawfully in to the jurisdiction of the United States Saltwater Products License with a valid possession on board such vessel. If such excluding Puerto Rico and the U.S. Florida Restricted Species Endorsement vessel lawfully possesses a separated Virgin Islands. For the purposes of and a valid Crawfish Endorsement, as spiny lobster tail, the possession of paragraph (a) of this section, a 5-ounce specified in § 622.400(a)(2), has been spiny lobster in or from the EEZ may (142-gram) tail weight is defined as a issued to and are on board the vessel. not exceed at any time 1.6 percent, by tail that weighs 4.2–5.4 ounces (119–153 (2) Spiny lobster must be landed weight of the spiny lobster or parts grams). If the documentation either all whole or all tailed on a single thereof, of the total whole weight of all accompanying an imported spiny fishing trip. fish lawfully in possession on board lobster (including but not limited to such vessel. For the purposes of this product packaging, customs entry forms, § 622.408 Bag/possession limits. paragraph (b)(4), the term ‘‘net or trawl’’ bills of lading, brokerage forms, or (a) EEZ off the southern Atlantic does not include a hand-held net, a commercial invoices) indicates that the states, other than Florida. The daily bag loading or dip net, a bully net, or a hoop product does not satisfy the minimum or possession limit for spiny lobster in net. tail-weight requirement, the person or from the EEZ off the southern (5) Diving at night. The provisions of importing such spiny lobster has the Atlantic states, other than Florida, is paragraph (b)(3) of this section burden to prove that such spiny lobster two per person for commercial and notwithstanding, a person who harvests actually does satisfy the minimum tail- recreational fishing, year-round. spiny lobster in the EEZ by diving at weight requirement or that such spiny (b) EEZ off Florida and off the Gulf night, that is, from 1 hour after official lobster has a tail length of 5.5 inches states, other than Florida—(1) sunset to 1 hour before official sunrise, (13.97 cm) or greater or that such spiny Commercial and recreational fishing is limited to the bag limit specified in lobster has or had a carapace length of season. Except as specified in paragraph (b)(1) of this section, whether greater than 3.0 inches (7.62 cm). If the paragraphs (b)(3) and (b)(4) of this or not a Federal vessel permit specified imported product itself does not satisfy section, during the commercial and in § 622.400(a)(1) has been issued to and the minimum tail-weight requirement, recreational fishing season specified in is on board the vessel from which the the person importing such spiny lobster § 622.403(b)(1), the daily bag or diver is operating. has the burden to prove that such spiny possession limit of spiny lobster in or (c) Combination of bag/possession lobster has a tail length of 5.5 inches from the EEZ off Florida and off the Gulf limits. A person who fishes for or (13.97 cm) or greater or that such spiny states, other than Florida, is six per possesses spiny lobster in or from the lobster has or had a carapace length of person. EEZ under a bag or possession limit greater than 3.0 inches (7.62 cm). If the (2) Special recreational fishing specified in paragraph (a) or (b) of this burden is satisfied, such spiny lobster seasons. During the special recreational section may not combine the bag or will be considered to be in compliance fishing seasons specified in possession limits of those paragraphs or with the minimum 5-ounce (142-gram) § 622.403(b)(2), the daily bag or combine such bag or possession limit tail-weight requirement. possession limit of spiny lobster— with a bag or possession limit (2) See § 622.458 regarding a more (i) In or from the EEZ off the Gulf applicable to state waters. restrictive minimum size limit that states, other than Florida, is six per (d) Responsibility for bag/possession applies to spiny lobster imported into person; limits. The operator of a vessel that Puerto Rico or the U.S. Virgin Islands. (ii) In or from the EEZ off Florida fishes for or possesses spiny lobster in (b) Additional spiny lobster import other than off Monroe County, Florida, or from the EEZ is responsible for the prohibitions—(1) Prohibition related to is twelve per person; and cumulative bag or possession limit tail meat. No person may import into (iii) In or from the EEZ off Monroe specified in paragraphs (a) and (b) of any place subject to the jurisdiction of County, Florida, is six per person. this section applicable to that vessel, the United States spiny lobster tail meat (3) Exemption from the bag/ based on the number of persons aboard. that is not in whole tail form with the possession limit. During the commercial (e) Transfer at sea. A person who exoskeleton attached. and recreational fishing season specified fishes for or possesses spiny lobster in (2) Prohibitions related to egg-bearing in § 622.403(b)(1), a person is exempt or from the EEZ under a bag or spiny lobster. No person may import from the bag and possession limit possession limit specified in paragraph into any place subject to the jurisdiction specified in paragraph (b)(1) of this (a) or (b) of this section may not transfer of the United States spiny lobster with section, provided— a spiny lobster at sea from a fishing eggs attached or spiny lobster from (i) The harvest of spiny lobsters is by vessel to any other vessel, and no which eggs or pleopods (swimmerets) diving, or by the use of a bully net, hoop person may receive at sea such spiny have been removed or stripped. net, or spiny lobster trap; and lobster. Pleopods (swimmerets) are the first five (ii) The vessel from which the person pairs of abdominal appendages. is operating has on board the required § 622.409 Spiny lobster import licenses, certificates, or permits, as prohibitions. § 622.410 Restrictions within the Tortugas specified in § 622.400(a)(1). (a) Minimum size limits for imported marine reserves. (4) Harvest by net or trawl. During the spiny lobster. There are two minimum The following activities are prohibited commercial and recreational fishing size limits that apply to importation of within the Tortugas marine reserves:

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Fishing for any species and anchoring part 51. These materials are Traps Located in Areas Permanently by fishing vessels. incorporated as they exist on the date of Closed to Trapping, in effect as of (a) EEZ portion of Tortugas North. approval and a notice of any change in October 15, 2007, IBR approved for The area is bounded by rhumb lines these materials will be published in the § 622.402(c), § 622.403(b), and connecting the following points: From Federal Register. This incorporation by § 622.450(c). point A at 24°40′00″ N. lat., 83°06′00″ reference was approved by the Director (c) Florida Statute: Florida Division of W. long. to point B at 24°46′00″ N. lat., of the Office of the Federal Register in Marine Fisheries Management, 620 83°06′00″ W. long. to point C at accordance with 5 U.S.C. 552(a) and 1 South Meridian Street, Tallahassee, FL 24°46′00″ N. lat., 83°00′00″ W. long.; CFR part 51. These materials are 32399; telephone: 850–488–4676; http:// thence along the line denoting the incorporated as they exist on the date of www.leg.state.fl.us/Statutes/index.cfm. seaward limit of Florida’s waters, as approval and a notice of any change in (1) Florida Statutes, Chapter 379: Fish shown on the current edition of NOAA these materials will be published in the and Wildlife Conservation, Part VII: chart 11438, to point A at 24°40′00″ N. Federal Register. All material Nonrecreational Licenses, Section lat., 83°06′00″ W. long. incorporated by reference is available 379.367: Spiny lobster; regulation, (b) Tortugas South. The area is for inspection at the NMFS, Office of 379.367, in effect as of July 1, 2008, IBR bounded by rhumb lines connecting, in Sustainable Fisheries, Office of the RA, approved for § 622.402(a). order, the following points: 1315 East-West Highway, Silver Spring, (2) [Reserved] MD; and the National Archives and § 622.414 Prohibitions. Point North lat. West long. Records Administration (NARA), Office In addition to the prohibitions in of the Federal Register, 800 North ° ′ ″ ° ′ ″ § 600.725 of this chapter and the general A ...... 24 33 00 83 09 00 Capitol Street NW., Suite 700, B ...... 24°33′00″ 83°05′00″ prohibitions in § 622.13, it is unlawful Washington, DC. For more information C ...... 24°18′00″ 83°05′00″ for any person to violate any provisions ° ′ ″ ° ′ ″ on the availability of this material at D ...... 24 18 00 83 09 00 of §§ 622.400 through 622.413. A ...... 24°33′00″ 83°09′00″ NARA, call 202–741–6030 or go to http://www.archives.gov/federal- § 622.415 Limited exemption regarding § 622.411 Annual catch limits (ACLs), register/cfr/ibr-locations.html. harvest in waters of a foreign nation. annual catch targets (ACTs), and (b) Florida Administrative Code (a) An owner or operator of a vessel accountability measures (AMs). (F.A.C.): Florida Division of Marine that has legally harvested spiny lobsters For recreational and commercial Fisheries Management, 620 South in the waters of a foreign nation and spiny lobster landings combined, the Meridian Street, Tallahassee, FL 32399; possesses spiny lobster, or separated ACL is 7.32 million lb (3.32 million kg), telephone: 850–488–4676; http:// tails, in the EEZ incidental to such whole weight. The ACT is 6.59 million laws.flrules.org. foeign harvesting is exempt from the lb, (2.99 million kg) whole weight. (1) F.A.C., Chapter 68B–12: King requirements of this subpart, except for mackerel resource renewal, Rule 68B– § 622.409 with which such an owner or § 622.412 Adjustment of management 12.004: Bag limits, in effect as of July 15, operator must comply, provided proof measures. 1996, IBR approved for § 622.382(a). of lawful harvest in the waters of a In accordance with the framework (2) F.A.C., Chapter 68B–24: Spiny foreign nation accompanies such procedure of the Fishery Management lobster (crawfish) and slipper lobster, lobsters or tails. Plan for the Spiny Lobster Fishery of the Rule 68B–24.002: Definitions, in effect Gulf of Mexico and South Atlantic, the as of July 1, 2008, IBR approved for Subpart S—Reef Fish Fishery of RA may establish or modify the § 622.400(a). Puerto Rico and the U.S. Virgin Islands following items: (3) F.A.C., Chapter 68B–24: Spiny (a) Reporting and monitoring lobster (crawfish) and slipper lobster, § 622.430 Gear identification. requirements, permitting requirements, Rule 68B–24.005: Seasons, in effect as of (a) Fish traps and associated buoys. A bag and possession limits, size limits, June 1, 2004, IBR approved for fish trap used or possessed in the vessel trip limits, closed seasons, closed § 622.403(b). Caribbean EEZ must display the official areas, reopening of sectors that have (4) F.A.C., Chapter 68B–24: Spiny number specified for the vessel by been prematurely closed, annual catch lobster (crawfish) and slipper lobster, Puerto Rico or the U.S. Virgin Islands so limits (ACLs), annual catch targets Rule 68B–24.006: Gear: Traps, Buoys, as to be easily identified. Traps used in (ACTs), quotas, accountability measures Identification Requirements, Prohibited the Caribbean reef fish fishery that are (AMs), maximum sustainable yield (or Devices, in effect as of July 1, 2008, IBR fished individually, rather than tied proxy), optimum yield, total allowable approved for § 622.402(a) and together in a trap line, must have at least catch (TAC), management parameters § 622.405(b). one buoy attached that floats on the such as overfished and overfishing (5) F.A.C., Chapter 68B–38: surface. Traps used in the Caribbean definitions, gear restrictions, gear Shrimping and trapping: Closed areas reef fish fishery that are tied together in markings and identification, vessel and seasons, Rule 68B–38.001: Citrus- a trap line must have at least one buoy identification requirements, allowable Hernando Shrimping and Trapping that floats at the surface attached at each biological catch (ABC) and ABC control Closed Areas and Seasons, in effect as end of the trap line. Each buoy must rule, rebuilding plans, and restrictions of March 1, 2005, IBR approved for display the official number and color relative to conditions of harvested fish § 622.55(e). code assigned to the vessel by Puerto (such as tailing lobster, undersized (6) F.A.C., Chapter 68B–55: Trap Rico or the U.S. Virgin Islands, attractants, and use as bait). retrieval and trap debris removal, Rule whichever is applicable, so as to be (b) [Reserved] 68B–55.002: Retrieval of Trap Debris, in easily distinguished, located, and effect as of October 15, 2007, IBR identified. § 622.413 Incorporation by reference. approved for § 622.402(c), § 622.403(b), (b) Presumption of ownership of fish (a) Certain material is incorporated by and § 622.450(c). traps. A fish trap in the EEZ will be reference into this subpart with the (7) F.A.C., Chapter 68B–55: Trap presumed to be the property of the most approval of the Director of the Federal retrieval and trap debris removal, Rule recently documented owner. This Register under U.S.C. 552(a) and 1 CFR 68B–55.004: Retrieval of Derelict and presumption will not apply with respect

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to such traps that are lost or sold if the § 622.432 Anchoring restriction. Caribbean EEZ must be released with a owner reports the loss or sale within 15 (a) The owner or operator of any minimum of harm. days to the RA. fishing vessel, recreational or § 622.435 Seasonal and area closures. (c) Disposition of unmarked fish traps commercial, that fishes for or possesses or buoys. An unmarked fish trap or a Caribbean reef fish in or from the (a) Seasonal closures—(1) Seasonal buoy deployed in the EEZ where such Caribbean EEZ must ensure that the closures applicable to specific species trap or buoy is required to be marked is vessel uses only an anchor retrieval only—(i) Red, black, tiger, yellowfin, or illegal and may be disposed of in any system that recovers the anchor by its yellowedge grouper closure. From appropriate manner by the Assistant crown, thereby preventing the anchor February 1 through April 30, each year, Administrator or an authorized officer. from dragging along the bottom during no person may fish for or possess red, recovery. For a grapnel hook, this could black, tiger, yellowfin, or yellowedge § 622.431 Trap construction specifications include an incorporated anchor rode grouper in or from the Caribbean EEZ. and tending restrictions. reversal bar that runs parallel along the This prohibition on possession does not shank, which allows the rode to reverse apply to such grouper harvested and (a) Construction specifications—(1) and slip back toward the crown. For a landed ashore prior to the closure. Minimum mesh size. A bare-wire fish fluke- or plow-type anchor, a trip line (ii) Red hind closure. From December trap used or possessed in the EEZ that consisting of a line from the crown of has hexagonal mesh openings must have 1 through the last day of February, each the anchor to a surface buoy would be year, no person may fish for or possess a minimum mesh size of 1.5 inches (3.8 required. cm) in the smallest dimension measured red hind in or from the Caribbean EEZ (b) [Reserved] ° ′ between centers of opposite strands. A west of 67 10 W. longitude. This bare-wire fish trap used or possessed in § 622.433 Prohibited gear and methods. prohibition on possession does not the EEZ that has other than hexagonal Also see § 622.9 for additional apply to red hind harvested and landed mesh openings or a fish trap of other prohibited gear and methods that apply ashore prior to the closure. than bare wire, such as coated wire or more broadly to multiple fisheries or in (iii) Vermilion, black, silk, or blackfin plastic, used or possessed in the EEZ, some cases all fisheries. snapper closure. From October 1 must have a minimum mesh size of 2.0 (a) Poisons. A poison, drug, or other through December 31, each year, no inches (5.1 cm) in the smallest chemical may not be used to fish for person may fish for or possess dimension measured between centers of Caribbean reef fish in the Caribbean vermilion, black, silk, or blackfin opposite strands. EEZ. snapper in or from the Caribbean EEZ. (b) Powerheads. A powerhead may (2) Escape mechanisms. A fish trap This prohibition on possession does not not be used in the Caribbean EEZ to apply to such snapper harvested and used or possessed in the Caribbean EEZ harvest Caribbean reef fish. The landed ashore prior to the closure. must have a panel located on one side possession of a mutilated Caribbean reef (iv) Lane or mutton snapper closure. of the trap, excluding the top, bottom, fish in or from the Caribbean EEZ and From April 1 through June 30, each and side containing the trap entrance. a powerhead is prima facie evidence year, no person may fish for or possess The opening covered by the panel must that such fish was harvested by a lane or mutton snapper in or from the measure not less than 8 by 8 inches powerhead. Caribbean EEZ. This prohibition on (20.3 by 20.3 cm). The mesh size of the (c) Gillnets and trammel nets in the possession does not apply to such panel may not be smaller than the mesh Caribbean EEZ. A gillnet or trammel net snapper harvested and landed ashore size of the trap. The panel must be may not be used in the Caribbean EEZ prior to the closure. attached to the trap with untreated jute to fish for Caribbean reef fish. twine with a diameter not exceeding 1⁄8 Possession of a gillnet or trammel net (2) Seasonal closures applicable to inch (3.2 mm). An access door may and any Caribbean reef fish in or from broad categories of fish or to all serve as the panel, provided it is on an the Caribbean EEZ is prima facie fishing—(i) Mutton snapper spawning appropriate side, it is hinged only at its evidence of violation of this paragraph aggregation area. From March 1 through bottom, its only other fastening is (c). A gillnet or trammel net used in the June 30, each year, fishing is prohibited untreated jute twine with a diameter not Caribbean EEZ to fish for any other in that part of the following area that is exceeding 1⁄8 inch (3.2 mm), and such species must be tended at all times. in the EEZ. The area is bounded by fastening is at the top of the door so that rhumb lines connecting, in order, the § 622.434 Prohibited species. the door will fall open when such twine points listed. degrades. Jute twine used to secure a (a) General. The harvest and panel may not be wrapped or possession restrictions of this section Point North lat. West long. overlapped. apply without regard to whether the species is harvested by a vessel A ...... 17°37.8′ 64°53.0′ ° ′ ° ′ (b) Tending restrictions. A fish trap in operating under a commercial vessel B ...... 17 39.0 64 53.0 C ...... 17°39.0′ 64°50.5′ the Caribbean EEZ may be pulled or permit. The operator of a vessel that tended only by a person (other than an D ...... 17°38.1′ 64°50.5′ fishes in the EEZ is responsible for the ° ′ ° ′ authorized officer) aboard the fish trap E ...... 17 37.8 64 52.5 limit applicable to that vessel. A ...... 17°37.8′ 64°53.0′ owner’s vessel, or aboard another vessel (b) No person may fish for or possess if such vessel has on board written goliath grouper and Nassau grouper in consent of the trap owner, or if the trap or from the Caribbean EEZ. Such fish (ii) Red hind spawning aggregation owner is aboard and has documentation caught in the Caribbean EEZ must be areas. From December 1 through verifying his identification number and released immediately with a minimum February 28, each year, fishing is color code. An owner’s written consent of harm. prohibited in those parts of the must specify the time period such (c) No person may fish for or possess following areas that are in the EEZ. Each consent is effective and the trap owner’s midnight parrotfish, blue parrotfish, or area is bounded by rhumb lines gear identification number and color rainbow parrotfish in or from the connecting, in order, the points listed. code. Caribbean EEZ. Such fish caught in the (A) East of St. Croix.

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Point North lat. West long. Point A North lat. West long. bag and possession limits. However, § 622.11(a)(1) notwithstanding, the bag A ...... 17°50.2′ 64°27.9′ C ...... 18°12.7′ 67°23.2′ limits of paragraph (b) of this section do B ...... 17°50.1′ 64°26.1′ D ...... 18°12.7′ 67°26.4′ not apply to a person who has a valid C ...... 17°49.2′ 64°25.8′ A ...... 18°15.7′ 67°26.4′ ° ′ ° ′ commercial fishing license issued by D ...... 17 48.6 64 25.8 Puerto Rico or the U.S. Virgin Islands. E ...... 17°48.1′ 64°26.1′ (B) From October 1 through March 31, (b) Bag limits. (1) Groupers, snappers, F ...... 17°47.5′ 64°26.9′ each year, no person may fish for or A ...... 17°50.2′ 64°27.9′ and parrotfishes combined—5 per possess any Caribbean reef fish, as listed person per day or, if 3 or more persons in Table 2 of Appendix A to part 622, (B) West of Puerto Rico—(1) are aboard, 15 per vessel per day; but in or from those parts of the Bajo de not to exceed 2 parrotfish per person per [Reserved] Sico closed area that are in the EEZ. The (2) Tourmaline Bank. day or 6 parrotfish per vessel per day. prohibition on possession does not (2) Other reef fish species combined— Point North lat. West long. apply to such Caribbean reef fish 5 per person per day or, if 3 or more harvested and landed ashore prior to the persons are aboard, 15 per vessel per A ...... 18°11.2′ 67°22.4′ closure. day, but not to exceed 1 surgeonfish per B ...... 18°11.2′ 67°19.2′ (b) Year-round closures—(1) Hind person per day or 4 surgeonfish per ° ′ ° ′ C ...... 18 08.2 67 19.2 Bank Marine Conservation District vessel per day. D ...... 18°08.2′ 67°22.4′ (MCD). The following activities are A ...... 18°11.2′ 67°22.4′ prohibited within the Hind Bank MCD: § 622.438 Restrictions on sale/purchase. Fishing for any species and anchoring (a) Live red hind or live mutton (3) Abrir La Sierra Bank. by fishing vessels. The Hind Bank MCD snapper. A live red hind or live mutton is bounded by rhumb lines connecting, Point North lat. West long. snapper in or from the Caribbean EEZ in order, the points listed. may not be sold or purchased and used A ...... 18°06.5′ 67°26.9′ in the marine aquarium trade. B ...... 18°06.5′ 67°23.9′ Point North lat. West long. (b) [Reserved] C ...... 18°03.5′ 67°23.9′ A ...... 18°13.2′ 65°06.0′ D ...... 18°03.5′ 67°26.9′ § 622.439 Annual catch limits (ACLs), B ...... 18°13.2′ 64°59.0′ A ...... 18°06.5′ 67°26.9′ annual catch targets (ACTs), and C ...... 18°11.8′ 64°59.0′ accountability measures (AMs). ° ′ ° ′ D ...... 18 10.7 65 06.0 See § 622.12 for applicable ACLs and (iii) Grammanik Bank closed area. (A) A ...... 18°13.2′ 65°06.0′ The Grammanik Bank closed area is AMs. bounded by rhumb lines connecting, in (2) Areas closed year-round to certain § 622.440 Adjustment of management order, the following points: fishing gear. Fishing with pots, traps, measures. bottom longlines, gillnets or trammel Point North lat. West long. In accordance with the framework nets is prohibited year-round in the procedure of the Fishery Management A ...... 18°11.898′ 64°56.328′ closed areas specified in paragraphs Plan for the Reef Fish Fishery of Puerto B ...... 18°11.645′ 64°56.225′ (a)(2)(i), (ii), (iii), and (iv) of this section. Rico and the U.S. Virgin Islands, the RA C ...... 18°11.058′ 64°57.810′ (3) Anchoring prohibition year-round may establish or modify the following D ...... 18°11.311′ 64°57.913′ in Bajo de Sico. Anchoring, by fishing items: A ...... 18°11.898′ 64°56.328′ vessels, is prohibited year-round in (a) Fishery management units (FMUs), those parts of the Bajo de Sico closed quotas, trip limits, bag limits, size (B) From February 1 through April 30, area, described in paragraph (a)(2)(iv) of limits, closed seasons or areas, gear each year, no person may fish for or this section, that are in the EEZ. restrictions, fishing years, MSY, OY, possess any species of fish, except § 622.436 Size limits. TAC, maximum fishing mortality highly migratory species, in or from the threshold (MFMT), minimum stock size Grammanik Bank closed area. This All size limits in this section are threshold (MSST), overfishing limit prohibition on possession does not minimum size limits unless specified (OFL), acceptable biological catch (ABC) apply to such fish harvested and landed otherwise. A fish not in compliance control rules, ACLs, AMs, ACTs, and ashore prior to the closure. For the with its size limit, as specified in this actions to minimize the interaction of purpose of this paragraph, ‘‘fish’’ means section, in or from the Caribbean EEZ, fishing gear with endangered species or finfish, mollusks, crustaceans, and all may not be possessed, sold, or marine mammals. other forms of marine animal and plant purchased. A fish not in compliance (b) [Reserved] life other than marine mammals and with its size limit must be released birds. ‘‘Highly migratory species’’ means immediately with a minimum of harm. § 622.441 Prohibitions. bluefin, bigeye, yellowfin, albacore, and The operator of a vessel that fishes in In addition to the prohibitions in skipjack tunas; swordfish; sharks (listed the EEZ is responsible for ensuring that § 600.725 of this chapter and the general in Appendix A to part 635 of this title); fish on board are in compliance with the prohibitions in § 622.13, it is unlawful and white marlin, blue marlin, sailfish, size limits specified in this section. See for any person to violate any provisions and longbill spearfish. § 622.10 regarding requirements for of §§ 622.430 through 622.440. (iv) Bajo de Sico closed area. (A) The landing fish intact. Bajo de Sico closed area is bounded by (a) Yellowtail snapper. The minimum Subpart T—Spiny Lobster Fishery of rhumb lines connecting, in order the size limit for yellowtail snapper is 12 Puerto Rico and the U.S. Virgin Islands following points: inches (30.5 cm), TL. (b) [Reserved] § 622.450 Gear identification. Point A North lat. West long. (a) Caribbean spiny lobster traps and § 622.437 Bag limits. associated buoys. A Caribbean spiny A ...... 18°15.7′ 67°26.4′ (a) Applicability. Section 622.11(a) lobster trap used or possessed in the B ...... 18°15.7′ 67°23.2′ provides the general applicability for Caribbean EEZ must display the official

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number specified for the vessel by may be pulled or tended only by a § 622.455 Landing spiny lobster intact. Puerto Rico or the U.S. Virgin Islands so person (other than an authorized officer) (a) A Caribbean spiny lobster in or as to be easily identified. Traps used in aboard the spiny lobster trap owner’s from the Caribbean EEZ must be the Caribbean spiny lobster fishery that vessel, or aboard another vessel if such maintained with head and carapace are fished individually, rather than tied vessel has on board written consent of intact. together in a trap line, must have at least the trap owner, or if the trap owner is (b) The operator of a vessel that fishes one buoy attached that floats on the aboard and has documentation verifying in the EEZ is responsible for ensuring surface. Traps used in the Caribbean his identification number and color that spiny lobster on that vessel in the spiny lobster fishery that are tied code. An owner’s written consent must EEZ are maintained intact and, if taken together in a trap line must have at least specify the time period such consent is from the EEZ, are maintained intact one buoy that floats at the surface effective and the trap owner’s gear through offloading ashore, as specified attached at each end of the trap line. identification number and color code. in this section. Each buoy must display the official number and color code assigned to the § 622.452 Prohibited gear and methods. § 622.456 Bag limits. vessel by Puerto Rico or the U.S. Virgin Also see § 622.9 for additional (a) Applicability. Section 622.11(a) Islands, whichever is applicable, so as prohibited gear and methods that apply provides the general applicability for to be easily distinguished, located, and more broadly to multiple fisheries or in bag and possession limits. However, identified. some cases all fisheries. § 622.11(a)(1) notwithstanding, the bag (b) Presumption of ownership of (a) Spears and hooks. A spear, hook, limit of paragraph (b) of this section Caribbean spiny lobster traps. A or similar device may not be used in the does not apply to a person who has a Caribbean spiny lobster trap in the EEZ Caribbean EEZ to harvest a Caribbean valid commercial fishing license issued will be presumed to be the property of spiny lobster. The possession of a by Puerto Rico or the U.S. Virgin the most recently documented owner. speared, pierced, or punctured Islands. This presumption will not apply with Caribbean spiny lobster in or from the (b) Bag limit. The bag limit for spiny respect to such traps that are lost or sold Caribbean EEZ is prima facie evidence lobster in or from the Caribbean EEZ is if the owner reports the loss or sale of violation of this section. 3 per person per day, not to exceed 10 within 15 days to the RA. per vessel per day, whichever is less. (c) Disposition of unmarked (b) Gillnets and trammel nets in the Caribbean spiny lobster traps or buoys. Caribbean EEZ. A gillnet or trammel net § 622.457 Annual catch limits (ACLs), may not be used in the Caribbean EEZ annual catch targets (ACTs), and An unmarked Caribbean spiny lobster accountability measures (AMs). trap or a buoy deployed in the EEZ to fish for Caribbean spiny lobster. where such trap or buoy is required to Possession of a gillnet or trammel net See § 622.12 for applicable ACLs and be marked is illegal and may be and any Caribbean spiny lobster in or AMs. from the Caribbean EEZ is prima facie disposed of in any appropriate manner § 622.458 Caribbean spiny lobster import by the Assistant Administrator or an evidence of violation of this paragraph prohibitions. (b). A gillnet or trammel net used in the authorized officer. In the EEZ off (a) Minimum size limits for imported Florida, during times other than the Caribbean EEZ to fish for any other species must be tended at all times. spiny lobster. There are two minimum authorized fishing season, a Caribbean size limits that apply to importation of spiny lobster trap, buoy, or any § 622.453 Prohibition on harvest of egg- spiny lobster into the United States— connecting lines will be considered bearing spiny lobster. one that applies any place subject to the derelict and may be disposed of in jurisdiction of the United States other accordance with Rules 68B–55.002 and (a) Egg-bearing spiny lobster in the Caribbean EEZ must be returned to the than Puerto Rico or the U.S. Virgin 68B–55.004 of the Florida Islands, and a more restrictive minimum Administrative Code, in effect as of water unharmed. An egg-bearing spiny lobster may be retained in a trap, size limit that applies to Puerto Rico October 15, 2007 (incorporated by and the U.S. Virgin Islands. reference, see § 622.413). provided the trap is returned immediately to the water. An egg- (1) No person may import a Caribbean § 622.451 Trap construction specifications bearing spiny lobster may not be spiny lobster with less than a 6-ounce and tending restrictions. stripped, scraped, shaved, clipped, or in (170-gram) tail weight into Puerto Rico (a) Construction specifications—(1) any other manner molested, in order to or the U.S. Virgin Islands. For the Escape mechanisms. A spiny lobster remove the eggs. purposes of paragraph (a) of this section, a 6-ounce (170-gram) tail weight is trap used or possessed in the Caribbean (b) [Reserved] EEZ must contain on any vertical side defined as a tail that weighs 5.9–6.4 or on the top a panel no smaller in § 622.454 Minimum size limit. ounces (167–181 grams). If the diameter than the throat or entrance of documentation accompanying an (a) The minimum size limit for the trap. The panel must be made of or imported Caribbean spiny lobster Caribbean spiny lobster is 3.5 inches attached to the trap by one of the (including but not limited to product (8.9 cm), carapace length. following degradable materials: packaging, customs entry forms, bills of (i) Untreated fiber of biological origin (b) A spiny lobster not in compliance lading, brokerage forms, or commercial with a diameter not exceeding 1⁄8 inch with its size limit, as specified in this invoices) indicates that the product does (3.2 mm). This includes, but is not section, in or from the Caribbean EEZ, not satisfy the minimum tail-weight, the limited to tyre palm, hemp, jute, cotton, may not be possessed, sold, or person importing such Caribbean spiny wool, or silk. purchased and must be released lobster has the burden to prove that (ii) Ungalvanized or uncoated iron immediately with a minimum of harm. such Caribbean spiny lobster actually wire with a diameter not exceeding 1⁄16 The operator of a vessel that fishes in does satisfy the minimum tail-weight inch (1.6 mm), that is, 16 gauge wire. the EEZ is responsible for ensuring that requirement or that such Caribbean (2) [Reserved] spiny lobster on board are in spiny lobster has a tail length of 6.2 (b) Tending restrictions. A Caribbean compliance with the size limit specified inches (15.75 cm) or greater or that such spiny lobster trap in the Caribbean EEZ in this section. Caribbean spiny lobster has or had a

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carapace length of 3.5 inches (8.89 cm) Subpart U—Corals and Reef § 622.473 Restrictions on sale/purchase. or greater. If the imported product itself Associated Plants and Invertebrates of (a) Caribbean prohibited coral. (1) No does not satisfy the minimum tail- Puerto Rico and the U.S. Virgin Islands person may sell or purchase a Caribbean weight requirement, the person prohibited coral harvested in the importing such Caribbean spiny lobster § 622.470 Permits. Caribbean EEZ. has the burden to prove that such See § 622.4 of this part for information (2) A Caribbean prohibited coral that Caribbean spiny lobster has a tail length regarding general permit procedures is sold in Puerto Rico or the U.S. Virgin of 6.2 inches (15.75 cm) or greater or including, but not limited to fees, Islands will be presumed to have been that such Caribbean spiny lobster has or duration, transfer, renewal, display, harvested in the Caribbean EEZ, unless had a carapace length of 3.5 inches (8.89 sanctions and denials, and replacement. it is accompanied by documentation cm) or greater. If the burden is satisfied (a) Required permits—(1) Prohibited showing that it was harvested such Caribbean spiny lobster will be coral. A Federal permit may be issued elsewhere. Such documentation must considered to be in compliance with the to take or possess Caribbean prohibited contain: minimum 6-ounce (170-gram) tail- coral only as scientific research activity, (i) The information specified in weight requirement. exempted fishing, or exempted subpart K of part 300 of this title for (2) See § 622.409 regarding the educational activity. See § 600.745 of marking containers or packages of fish minimum size limit that applies to this chapter for the procedures and or wildlife that are imported, exported, spiny lobster imported into any place limitations for such activities and or transported in interstate commerce. subject to the jurisdiction of the United fishing. (ii) The name and home port of the States other than Puerto Rico or the U.S. (2) [Reserved] vessel, or the name and address of the Virgin Islands. (b) Application. (1) The applicant for individual, harvesting the Caribbean (b) Additional Caribbean spiny lobster a coral permit must be the individual prohibited coral. import prohibitions—(1) Prohibition who will be conducting the activity that (iii) The port and date of landing the related to tail meat. No person may requires the permit. Caribbean prohibited coral. import into any place subject to the (2) An applicant must provide the (iv) A statement signed by the person jurisdiction of the United States following: selling the Caribbean prohibited coral attesting that, to the best of his or her Caribbean spiny lobster tail meat that is (i) Name, address, telephone number, knowledge, information, and belief, not in whole tail form with the and other identifying information of the such Caribbean prohibited coral was exoskeleton attached. applicant. (2) Prohibitions related to egg-bearing harvested other than in the Caribbean (ii) Name and address of any affiliated spiny lobster. No person may import EEZ or the waters of Puerto Rico or the company, institution, or organization. into any place subject to the jurisdiction U.S. Virgin Islands. of the United States Caribbean spiny (iii) Information concerning vessels, (b) [Reserved] lobster with eggs attached or Caribbean harvesting gear/methods, or fishing areas, as specified on the application § 622.474 Adjustment of management spiny lobster from which eggs or measures. pleopods (swimmerets) have been form. In accordance with the framework removed or stripped. Pleopods (iv) Any other information that may procedure of the Fishery Management (swimmerets) are the first five pairs of be necessary for the issuance or Plan for Corals and Reef Associated abdominal appendages. administration of the permit. Plants and Invertebrates of Puerto Rico § 622.459 Adjustment of management § 622.471 Prohibited gear and methods. and the U.S. Virgin Islands, the RA may measures. Also see § 622.9 for additional establish or modify the following items: In accordance with the framework prohibited gear and methods that apply (a) Fishery management units (FMUs), procedure of the Fishery Management more broadly to multiple fisheries or in quotas, trip limits, bag limits, size Plan for the Spiny Lobster Fishery of some cases all fisheries. limits, closed seasons or areas, gear Puerto Rico and the U.S. Virgin Islands, (a) Power-assisted tools. A power- restrictions, fishing years, MSY, OY, the RA may establish or modify the assisted tool may not be used in the TAC, MFMT, MSST, OFL, ABC control following items: Caribbean EEZ to take a Caribbean coral rules, ACLs, AMs, ACTs, and actions to (a) Fishery management unit (FMU), reef resource. minimize the interaction of fishing gear quotas, trip limits, bag limits, size (b) [Reserved] with endangered species or marine limits, closed seasons or areas, gear mammals. § 622.472 Prohibited species. restrictions, fishing years, MSY, OY, (b) [Reserved] TAC, maximum fishing mortality (a) General. The harvest and § 622.475 Prohibitions. possession restrictions of this section threshold (MFMT), minimum stock size In addition to the prohibitions in apply without regard to whether the threshold (MSST), overfishing limit § 600.725 of this chapter and the general species is harvested by a vessel (OFL), acceptable biological catch (ABC) prohibitions in § 622.13, it is unlawful operating under a commercial vessel control rules, ACLs, AMs, ACTs, and for any person to violate any provisions permit. The operator of a vessel that actions to minimize the interaction of of §§ 622.470 through 622.474. fishing gear with endangered species or fishes in the EEZ is responsible for the marine mammals. limit applicable to that vessel. Subpart V—Queen Conch Resources (b) [Reserved] (b) Caribbean prohibited coral. of Puerto Rico and the U.S. Virgin Caribbean prohibited coral may not be Islands § 622.460 Prohibitions. fished for or possessed in or from the In addition to the prohibitions in Caribbean EEZ. The taking of Caribbean § 622.490 Prohibited gear and methods. § 600.725 of this chapter and the general prohibited coral in the Caribbean EEZ is Also see § 622.9 for additional prohibitions in § 622.13, it is unlawful not considered unlawful possession prohibited gear and methods that apply for any person to violate any provisions provided it is returned immediately to more broadly to multiple fisheries or in of §§ 622.450 through 622.459. the sea in the general area of fishing. some cases all fisheries.

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(a) In the Caribbean EEZ, no person § 622.494 Bag limit. Appendix A to Part 622—Species may harvest queen conch by diving (a) Applicability. Section 622.11(a) Tables while using a device that provides a provides the general applicability for Table 1 of Appendix A to Part 622— continuous air supply from the surface. bag and possession limits. However, Caribbean Coral Reef Resources (b) [Reserved] § 622.11(a)(1) notwithstanding, the bag I. Coelenterates—Phylum Coelenterata § 622.491 Seasonal and area closures. limit of paragraph (b) of this section A. Hydrocorals—Class Hydrozoa (a) No person may fish for or possess does not apply to a person who has a 1. Hydroids—Order Athecatae on board a fishing vessel a Caribbean valid commercial fishing license issued Family Milleporidae Millepora spp., Fire corals queen conch in or from the Caribbean by Puerto Rico or the U.S. Virgin ° ′ Islands. Family Stylasteridae EEZ, in the area east of 64 34 W. Stylaster roseus, Rose lace corals longitude which includes Lang Bank (b) Bag limit. The bag limit for queen B. Anthozoans—Class Anthozoa east of St. Croix, U.S. Virgin Islands, conch in or from the Caribbean EEZ is 1. Soft corals—Order Alcyonacea except during November 1 through May 3 per person or, if more than 4 persons Family Anthothelidae 31. are aboard, 12 per boat. Erythropodium caribaeorum, Encrusting (b) Pursuant to the procedures and gorgonian criteria established in the FMP for § 622.495 Commercial trip limit. Iciligorgia schrammi, Deepwater sea fan Queen Conch Resources in Puerto Rico Family Briaridae Commercial trip limits are limits on Briareum asbestinum, Corky sea finger and the U.S. Virgin Islands, when the the amount of the applicable species Family Clavulariidae ACL, as specified in § 622.12(a)(2)(i)(A), that may be possessed on board or Carijoa riisei is reached or projected to be reached, landed, purchased, or sold from a vessel Telesto spp. the Regional Administrator will close per day. A person who fishes in the EEZ 2. Gorgonian corals—Order Gorgonacea the Caribbean EEZ to the harvest and may not combine a trip limit specified Family Ellisellidae possession of queen conch, in the area in this section with any trip or Ellisella spp., Sea whips east of 64°34′ W. longitude which possession limit applicable to state Family Gorgoniidae Gorgonia flabellum, Venus sea fan includes Lang Bank, east of St. Croix, waters. A species subject to a trip limit U.S. Virgin Islands, by filing a G. mariae, Wide-mesh sea fan specified in this section taken in the G. ventalina, Common sea fan notification of closure with the Office of EEZ may not be transferred at sea, Pseudopterogorgia acerosa, Sea plume the Federal Register. During the closure, regardless of where such transfer takes P. albatrossae no person may fish for or possess on place, and such species may not be P. americana, Slimy sea plume board a fishing vessel, a Caribbean transferred in the EEZ. P. bipinnata, Bipinnate plume queen conch, in or from the Caribbean P. rigida (a) A person who fishes in the EEZ, in the area east of 64°34′ W. Pterogorgia anceps, Angular sea whip Caribbean EEZ and is not subject to the longitude which includes Lang Bank, P. citrina, Yellow sea whip Family bag limit may not possess in or from the east of St. Croix, U.S. Virgin Islands. Plexauridae Caribbean EEZ more than 150 queen Eunicea calyculata, Warty sea rod § 622.492 Minimum size limit. conch per day. E. clavigera (a) The minimum size limit for (b) [Reserved] E. fusca, Doughnut sea rod Caribbean queen conch is 9 inches (22.9 E. knighti cm) in length, that is, from the tip of the § 622.496 Annual catch limits (ACLs), E. laciniata annual catch targets (ACTs), and E. laxispica spire to the distal end of the shell, and E. mammosa, Swollen-knob 3 accountability measures (AMs). ⁄8 inch (9.5 mm) in lip width at its E. succinea, Shelf-knob sea rod widest point. A queen conch with a See § 622.12 for applicable ACLs and E. touneforti length of at least 9 inches (22.9 cm) or AMs. Muricea atlantica a lip width of at least 3⁄8 inch (9.5 mm) M. elongata, Orange spiny rod § 622.497 Adjustment of management M. laxa, Delicate spiny rod is not undersized. measures. (b) A Caribbean queen conch not in M. muricata, Spiny sea fan compliance with its size limit, as In accordance with the framework M. pinnata, Long spine sea fan specified in this section, in or from the procedure of the Fishery Management Muriceopsis spp. Caribbean EEZ, may not be possessed, Plan for Queen Conch Resources of M. flavida, Rough sea plume sold, or purchased and must be released Puerto Rico and the U.S. Virgin Islands, M. sulphurea Plexaura flexuosa, Bent sea rod immediately with a minimum of harm. the RA may establish or modify the P. homomalla, Black sea rod The operator of a vessel that fishes in following items: Plexaurella dichotoma, Slit-pore sea rod the EEZ is responsible for ensuring that (a) Quotas, trip limits, bag limits, size P. fusifera Caribbean queen conch on board are in limits, closed seasons or areas, gear P. grandiflora compliance with the size limit specified restrictions, fishing year, MSY, OY, P. grisea in this section. TAC, MFMT, MSST, OFL, ABC control P. nutans, Giant slit-pore rules, ACLs, AMs, ACTs, and actions to Pseudoplexaura crucis § 622.493 Landing Caribbean queen conch P. flagellosa intact. minimize the interaction of fishing gear P. porosa, Porous sea rod (a) A Caribbean queen conch in or with endangered species or marine P. wagenaari from the Caribbean EEZ must be mammals. 3. Hard Corals—Order Scleractinia maintained with meat and shell intact. (b) [Reserved] Family Acroporidae (b) The operator of a vessel that fishes Acropora cervicornis, Staghorn coral in the EEZ is responsible for ensuring § 622.498 Prohibitions. A. palmata, Elkhorn coral A. prolifera, Fused staghorn that Caribbean queen conch on that In addition to the prohibitions in Family Agaricidae vessel in the EEZ are maintained intact § 600.725 of this chapter and the general Agaricia agaricities, Lettuce leaf coral and, if taken from the EEZ, are prohibitions in § 622.13, it is unlawful A. fragilis, Fragile saucer maintained intact through offloading for any person to violate any provisions A. lamarcki, Lamarck’s sheet ashore, as specified in this section. of §§ 622.490 through 622.497. A. tenuifolia, Thin leaf lettuce

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Leptoseris cucullata, Sunray lettuce 1. Anemones—Order Actiniaria Astropecten spp., Sand stars Family Astrocoeniidae Aiptasia tagetes, Pale anemone Linckia guildingii, Common comet star Stephanocoenia michelinii, Blushing star Bartholomea annulata, Corkscrew Ophidiaster guildingii, Comet star Family Caryophyllidae anemone Oreaster reticulatus, Cushion sea star Eusmilia fastigiata, Flower coral Condylactis gigantea, Giant pink-tipped C. Brittle and basket stars—Class Tubastrea aurea, Cup coral anemone Ophiuroidea Family Faviidae Hereractis lucida, Knobby anemone Astrophyton muricatum, Giant basket star Cladocora arbuscula, Tube coral Lebrunia spp., Staghorn anemone Ophiocoma spp., Brittlestars Colpophyllia natans, Boulder coral Stichodactyla helianthus, Sun anemone Ophioderma spp., Brittlestars Diploria clivosa, Knobby brain coral 2. Colonial Anemones—Order Zoanthidea O. rubicundum, Ruby brittlestar D. labyrinthiformis, Grooved brain Zoanthus spp., Sea mat D. Sea Urchins—Class Echinoidea D. strigosa, Symmetrical brain 3. False Corals—Order Corallimorpharia Diadema antillarum, Long-spined urchin Favia fragum, Golfball coral Discosoma spp. (formerly Rhodactis), False Echinometra spp., Purple urchin Manicina areolata, Rose coral coral Eucidaris tribuloides, Pencil urchin M. mayori, Tortugas rose coral Ricordia florida, Florida false coral Lytechinus spp., Pin cushion urchin Montastrea annularis, Boulder star coral III. Annelid Worms—Phylum Annelida Tripneustes ventricosus, Sea egg M. cavernosa, Great star coral A. Polychaetes—Class Polychaeta E. Sea Cucumbers—Class Holothuroidea Solenastrea bournoni, Smooth star coral Family Sabellidae, Feather duster worms Holothuria spp., Sea cucumbers Family Meandrinidae Sabellastarte spp., Tube worms VII. Chordates—Phylum Chordata Dendrogyra cylindrus, Pillar coral S. magnifica, Magnificent duster A. Tunicates—Subphylum Urochordata Dichocoenia stellaris, Pancake star Family Serpulidae D. stokesi, Elliptical star Spirobranchus giganteus, Christmas tree Table 2 of Appendix A to Part 622— Meandrina meandrites, Maze coral worm Caribbean Reef Fish Family Mussidae IV. Mollusks—Phylum Mollusca Lutjanidae—Snappers Isophyllastrea rigida, Rough star coral A. Gastropods—Class Gastropoda Unit 1 Isophyllia sinuosa, Sinuous cactus Family Elysiidae Black snapper, Apsilus dentatus Mussa angulosa, Large flower coral Tridachia crispata, Lettuce sea slug Blackfin snapper, Lutjanus buccanella Mycetophyllia aliciae, Thin fungus coral Family Olividae Silk snapper, Lutjanus vivanus M. danae, Fat fungus coral Oliva reticularis, Netted olive Vermilion snapper, Rhomboplites M. ferox, Grooved fungus Family Ovulidae aurorubens M. lamarckiana, Fungus coral Cyphoma gibbosum, Flamingo tongue Wenchman, Pristipomoides aquilonaris Scolymia cubensis, Artichoke coral B. Bivalves—Class Bivalvia Unit 2 S. lacera, Solitary disk Family Limidae Cardinal, Pristipomoides macrophthalmus Family Oculinidae Lima spp., Fileclams Queen snapper, Etelis oculatus Oculina diffusa, Ivory bush coral L. scabra, Rough fileclam Unit 3 Family Pocilloporidae Family Spondylidae Gray snapper, Lutjanus griseus Madracis decactis, Ten-ray star coral Spondylus americanus, Atlantic thorny Lane snapper, Lutjanus synagris M. mirabilis, Yellow pencil oyster Mutton snapper, Lutjanus analis Family Poritidae C. Cephalopods—Class Cephalopoda Dog snapper, Lutjanus jocu Porites astreoides, Mustard hill coral 1. Octopuses—Order Octopoda Schoolmaster, Lutjanus apodus P. branneri, Blue crust coral Family Octopodidae Mahogany snapper, Lutjanus mahogani P. divaricata, Small finger coral Octopus spp. (except the Common octopus, Unit 4 P. porites, Finger coral O. vulgaris) Yellowtail snapper, Ocyurus chrysurus Family Rhizangiidae V. Arthropods—Phylum Arthropoda Serranidae—Sea basses and Groupers Astrangia solitaria, Dwarf cup coral A. Crustaceans—Subphylum Crustacea Unit 1 Phyllangia americana, Hidden cup coral 1. Decapods—Order Decapoda Nassau Grouper, Epinephelus striatus Family Siderastreidae Family Alpheidae Unit 2 Siderastrea radians, Lesser starlet Alpheaus armatus, Snapping shrimp Goliath grouper, Epinephelus itajara S. siderea, Massive starlet Family Diogenidae Unit 3 4. Black Corals—Order Antipatharia Paguristes spp., Hermit crabs Coney, Epinephelus fulvus Antipathes spp., Bushy black coral P. cadenati, Red reef hermit Graysby, Epinephelus cruentatus Stichopathes spp., Wire coral Family Grapsidae Red hind, Epinephelus guttatus II. Sea grasses—Phylum Angiospermae Percnon gibbesi, Nimble spray crab Rock hind, Epinephelus adscensionis Halodule wrightii, Shoal grass Family Hippolytidae Unit 4 Halophila spp., Sea vines Lysmata spp., Peppermint shrimp Black grouper, Mycteroperca bonaci Ruppia maritima, Widgeon grass Thor amboinensis, Anemone shrimp Red grouper, Epinephelus morio Syringodium filiforme, Manatee grass Family Majidae, Coral crabs Tiger grouper, Mycteroperca tigris Thalassia testudium, Turtle grass Mithrax spp., Clinging crabs Yellowfin grouper, Mycteroperca venenosa Aquarium Trade Species in the Coral FMP— M. cinctimanus, Banded clinging Unit 5 The following species are included for data M. sculptus, Green clinging Misty grouper, Epinephelus mystacinus collection purposes only. Stenorhynchus seticornis, Yellowline Yellowedge grouper, Epinephelus I. Sponges—Phylum Porifera arrow flavolimbatus A. Demosponges—Class Demospongiae Family Palaemonida Haemulidae—Grunts Aphimedon compressa, Erect rope sponge Periclimenes spp., Cleaner shrimp White grunt, Haemulon plumieri Chondrilla nucula, Chicken liver sponge Family Squillidae, Mantis crabs Margate, Haemulon album Cynachirella alloclada Gonodactylus spp. Tomtate, Haemulon aurolineatum Geodia neptuni, Potato sponge Lysiosquilla spp. Bluestriped grunt, Haemulon sciurus Haliclona spp., Finger sponge Family Stenopodidae, Coral shrimp French grunt, Haemulon flavolineatum Myriastra spp. Stenopus hispidus, Banded shrimp Porkfish, Anisotremus virginicus Niphates digitalis, Pink vase sponge S. scutellatus, Golden shrimp Mullidae—Goatfishes N. erecta, Lavender rope sponge VI. Echinoderms—Phylum Echinodermata Spotted goatfish, Pseudupeneus maculatus Spinosella policifera A. Feather stars—Class Crinoidea Yellow goatfish, Mulloidichthys martinicus S. vaginalis Analcidometra armata, Swimming crinoid Sparidae—Porgies Tethya crypta Davidaster spp., Crinoids Jolthead porgy, Calamus bajonado II. Coelenterates—Phylum Coelenterata Nemaster spp., Crinoids Sea bream, Archosargus rhomboidalis A. Anthozoans—Class Anthozoa B. Sea stars—Class Asteroidea Sheepshead porgy, Calamus penna

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Pluma, Calamus pennatula Rusty goby, Priolepis hipoliti Blueline tilefish, Caulolatilus microps Holocentridae—Squirrelfishes Royal gramma, Gramma loreto Tilefish, Lopholatilus chamaeleonticeps Blackbar soldierfish, Myripristis jacobus Creole wrasse, Clepticus parrae Serranidae—Groupers Bigeye, Priacanthus arenatus Yellowcheek wrasse, Halichoeres Speckled hind, Epinephelus Longspine squirrelfish, Holocentrus rufus cyanocephalus drummondhayi Squirrelfish, Holocentrus adscensionis Yellowhead wrasse, Halichoeres garnoti Yellowedge grouper, Epinephelus Malacanthidae—Tilefishes Clown wrasse, Halichoeres maculipinna flavolimbatus Blackline tilefish, Caulolatilus cyanops Pearly razorfish, Hemipteronotus novacula Goliath grouper, Epinephelus itajara Sand tilefish, Malacanthus plumieri Green razorfish, Hemipteronotus splendens Red grouper, Epinephelus morio Carangidae—Jacks Bluehead wrasse, Thalassoma bifasciatum Warsaw grouper, Epinephelus nigritus Blue runner, Caranx crysos Chain moray, Echidna catenata Snowy grouper, Epinephelus niveatus Horse-eye jack, Caranx latus Green moray, Gymnothorax funebris Black grouper, Mycteroperca bonaci Black jack, Caranx lugubris Goldentail moray, Gymnothorax miliaris Yellowmouth grouper, Mycteroperca Almaco jack, Seriola rivoliana Batfish, Ogcocepahalus spp. interstitialis Bar jack, Caranx ruber Goldspotted eel, Myrichthys ocellatus Gag, Mycteroperca microlepis Greater amberjack, Seriola dumerili Yellowhead jawfish, Opistognathus Scamp, Mycteroperca phenax Yellow jack, Caranx bartholomaei aurifrons Yellowfin grouper, Mycteroperca venenosa Scaridae—Parrotfishes Dusky jawfish, Opistognathus whitehursti Table 4 of Appendix A to Part 622—South Blue parrotfish, Scarus coeruleus Cherubfish, Centropyge argi Atlantic Snapper-Grouper Midnight parrotfish, Scarus coelestinus Rock beauty, Holacanthus tricolor Princess parrotfish, Scarus taeniopterus Sergeant major, Abudefduf saxatilis Balistidae—Triggerfishes: Queen parrotfish, Scarus vetula Blue chromis, Chromis cyanea Gray triggerfish, Balistes capriscus Rainbow parrotfish, Scarus guacamaia Sunshinefish, Chromis insolata Carangidae—Jacks: Redfin parrotfish, Sparisoma rubripinne Yellowtail damselfish, Microspathodon Blue runner, Caranx bartholomaei Redtail parrotfish, Sparisoma chrysurus Bar jack, Caranx ruber chrysopterum Dusky damselfish, Pomacentrus fuscus Greater amberjack, Seriola dumerili Stoplight parrotfish, Sparisoma viride Beaugregory, Pomacentrus leucostictus Lesser amberjack, Seriola fasciata Redband parrotfish, Sparisoma Bicolor damselfish, Pomacentrus partitus Almaco jack, Seriola rivoliana aurofrenatum Threespot damselfish, Pomacentrus Banded rudderfish, Seriola zonata Striped parrotfish, Scarus croicensis planifrons Ephippidae—Spadefishes: Acanthuridae—Surgeonfishes Glasseye snapper, Priacanthus cruentatus Spadefish, Chaetodipterus faber Blue tang, Acanthurus coeruleus High-hat, Equetus acuminatus Haemulidae—Grunts: Ocean surgeonfish, Acanthurus bahianus Jackknife-fish, Equetus lanceolatus Margate, Haemulon album Doctorfish, Acanthurus chirurgus Spotted drum, Equetus punctatus Tomtate, Haemulon aurolineatum Balistidae—Triggerfishes Scorpaenidae—Scorpionfishes Sailor’s choice, Haemulon parrai Ocean triggerfish, Canthidermis sufflamen Butter hamlet, Hypoplectrus unicolor White grunt, Haemulon plumieri Queen triggerfish, Balistes vetula Swissguard basslet, Liopropoma rubre Labridae—Wrasses: Sargassum triggerfish, Xanthichthys Greater soapfish, Rypticus saponaceus Hogfish, Lachnolaimus maximus ringens Orangeback bass, Serranus annularis Lutjanidae—Snappers: Monacanthidae—Filefishes Lantern bass, Serranus baldwini Black snapper, Apsilus dentatus Scrawled filefish, Aluterus scriptus Tobaccofish, Serranus tabacarius Queen snapper, Etelis oculatus Whitespotted filefish, Cantherhines Harlequin bass, Serranus tigrinus Mutton snapper, Lutjanus analis macrocerus Chalk bass, Serranus tortugarum Blackfin snapper, Lutjanus buccanella Black durgon, Melichthys niger Caribbean tonguefish, Symphurus arawak Red snapper, Lutjanus campechanus Ostraciidae—Boxfishes Seahorses, Hippocampus spp. Cubera snapper, Lutjanus cyanopterus Honeycomb cowfish, Lactophrys polygonia Pipefishes, Syngnathus spp. Gray snapper, Lutjanus griseus Scrawled cowfish, Lactophrys quadricornis Sand diver, Synodus intermedius Mahogany snapper, Lutjanus mahogoni Trunkfish, Lactophrys trigonus Sharpnose puffer, Canthigaster rostrata Dog snapper, Lutjanus jocu Spotted trunkfish, Lactophrys bicaudalis Porcupinefish, Diodon hystrix Lane snapper, Lutjanus synagris Smooth trunkfish, Lactophrys triqueter Silk snapper, Lutjanus vivanus Labridae—Wrasses Table 3 of Appendix A to Part 622—Gulf Reef Yellowtail snapper, Ocyurus chrysurus Hogfish, Lachnolaimus maximus Fish Vermilion snapper, Rhomboplites Puddingwife, Halichoeres radiatus Balistidae—Triggerfishes aurorubens Spanish hogfish, Bodianus rufus Gray triggerfish, Balistes capriscus Malacanthidae—Tilefishes: Pomacanthidae—Angelfishes Carangidae—Jacks Blueline tilefish, Caulolatilus microps Queen angelfish, Holacanthus ciliaris Greater amberjack, Seriola dumerili Golden tilefish, Lopholatilus Gray angelfish, Pomacanthus arcuatus Lesser amberjack, Seriola fasciata chamaeleonticeps French angelfish, Pomacanthus paru Almaco jack, Seriola rivoliana Sand tilefish, Malacanthus plumieri Aquarium Trade—The following aquarium Banded rudderfish, Seriola zonata Percichthyidae—Temperate basses: trade species are included for data Labridae—Wrasses Wreckfish, Polyprion americanus collection purposes only: Hogfish, Lachnolaimus maximus Serranidae—Groupers: Frogfish, Antennarius spp. Lutjanidae—Snappers Rock hind, Epinephelus adscensionis Flamefish, Apogon maculatus Queen snapper, Etelis oculatus Graysby, Epinephelus cruentatus Conchfish, Astrapogen stellatus Mutton snapper, Lutjanus analis Speckled hind, Epinephelus Redlip blenny, Ophioblennius atlanticus Blackfin snapper, Lutjanus buccanella drummondhayi Peacock flounder, Bothus lunatus Red snapper, Lutjanus campechanus Yellowedge grouper, Epinephelus Longsnout butterflyfish, Chaetodon Cubera snapper, Lutjanus cyanopterus flavolimbatus aculeatus Gray (mangrove) snapper, Lutjanus griseus Coney, Epinephelus fulvus Foureye butterflyfish, Chaetodon Lane snapper, Lutjanus synagris Red hind, Epinephelus guttatus capistratus Silk snapper, Lutjanus vivanus Goliath grouper, Epinephelus itajara Spotfin butterflyfish, Chaetodon ocellatus Yellowtail snapper, Ocyurus chrysurus Red grouper, Epinephelus morio Banded butterflyfish, Chaetodon striatus Wenchman, Pristipomoides aquilonaris Misty grouper, Epinephelus mystacinus Redspotted hawkfish, Amblycirrhitus pinos Vermilion snapper, Rhomboplites Warsaw grouper, Epinephelus nigritus Flying gurnard, Dactylopterus volitans aurorubens Snowy grouper, Epinephelus niveatus Atlantic spadefish, Chaetodipterus faber Malacanthidae—Tilefishes Nassau grouper, Epinephelus striatus Neon goby, Gobiosoma oceanops Goldface tilefish, Caulolatilus chrysops Black grouper, Mycteroperca bonaci

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Yellowmouth grouper, Mycteroperca Saucereye porgy, Calamus calamus Rock sea bass, Centropristis philadelphica interstitialis Whitebone porgy, Calamus leucosteus Longspine porgy, Stenotomus caprinus Gag, Mycteroperca microlepis Knobbed porgy, Calamus nodosus Ocean triggerfish, Canthidermis sufflamen Scamp, Mycteroperca phenax Red porgy, Pagrus pagrus Schoolmaster, Lutjanus apodus Yellowfin grouper, Mycteroperca venenosa Scup, Stenotomus chrysops Serranidae—Sea Basses: Table 5 of Appendix A to Part 622— Black sea bass, Centropristis striata The following species are designated as Caribbean Conch Resources ecosystem component species: Sparidae—Porgies: Queen conch, Strombus gigas Grass porgy, Calamus arctifrons Cottonwick, Haemulon melanurum Jolthead porgy, Calamus bajonado Bank sea bass, Centropristis ocyurus 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 Number 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 bellbuoy—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 Number 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′ 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′

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

Point Number and reference location 1 North lat. West long.

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’ waters. 1 Nearest identifiable landfall, boundary, navigational aid, or submarine area.

BILLING CODE 3510–22–P

Appendix C to Part 622—Fish Length Measurements

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BILLING CODE 3510–22–C (b) Large-Mesh Escape Section. The large- bottom of the small-mesh section, such eight Appendix D to Part 622—Specifications mesh escape section is constructed of 8 to 10 meshes being located immediately adjacent inch (20.3 to 25.4 cm), stretched mesh, to the top and bottom centers of the small- for Certified BRDs webbing. This section is cut on the bar to mesh section on the side of the funnel’s A. Extended Funnel. form a section that is 15 inches (38.1 cm) in extended side. The extended side of the 1. Description. The extended funnel BRD length by 95 inches (241.3 cm) in funnel is sewn at its top and bottom to the consists of an extension with large-mesh circumference. The leading edge is attached top and bottom of the small-mesh section, 1 webbing in the center (the large-mesh escape to the 6 ⁄2-mesh extension section and the extending at an angle toward the top and section) and small-mesh webbing on each rear edge is attached to the 23-mesh bottom centers of the small-mesh section. extension section. (d) Semi-Rigid Hoop. A 30-inch (76.2-cm) end held open by a semi-rigid hoop. A funnel (c) Funnel. The funnel is constructed of diameter hoop constructed of plastic-coated of small-mesh webbing is placed inside the 11⁄2 inch (3.81 cm), stretched mesh, No. 30 trawl cable, swaged together with a 3⁄8-inch extension to form a passage for shrimp to the depth-stretched and heat-set polyethylene (9.53-mm) micropress sleeve, is installed five cod end. It also creates an area of reduced webbing. The circumference of the leading meshes behind the trailing edge of the large- water flow to allow for fish escapement edge is 120 meshes and the back edge is 78 mesh escape section. The extension webbing through the large mesh. One side of the meshes. The short side of the funnel is 34 to must be laced to the ring around the entire funnel is extended vertically to form a lead 36 inches (86.4 to 91.4 cm) long and the circumference and must be equally panel and area of reduced water flow. There opposite side of the funnel extends an distributed on the hoop, that is, 30 meshes are two sizes of extended funnel BRDs, a additional 22 to 24 inches (55.9 to 61.0 cm). must be evenly attached to each quadrant. standard size and an inshore size for small The circumference of the leading edge of the (e) Installation. The extended funnel BRD trawls. funnel is attached to the forward small-mesh is attached 8 inches (20.3 cm) behind the 2. Minimum Construction and Installation section three meshes forward of the large- posterior edge of the TED. If it is attached Requirements for Standard Size. mesh escape section and is evenly sewn, behind a soft TED, a second semi-rigid hoop, (a) Extension Material. The small-mesh mesh for mesh, to the small-mesh section. as prescribed in paragraph A.2.(d), must be sections used on both sides of the large-mesh The after edge of the funnel is attached to the installed in the front section of the BRD escape section are constructed of 15⁄8 inch after small-mesh section at its top and bottom extension webbing at the leading edge of the (4.13 cm), No. 30 stretched mesh, nylon eight meshes back from the large-mesh funnel. The cod end of the trawl net is webbing. The front section is 120 meshes escape panel. Seven meshes of the top and attached to the trailing edge of the BRD. around by 61⁄2 meshes deep. The back section seven meshes of the bottom of the funnel are 3. Minimum Construction and Installation is 120 meshes around by 23 meshes deep. attached to eight meshes at the top and Requirements for Inshore Size.

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(a) Extension Material. The small-mesh escape opening dimension of 5 inches (12.7 (0.95-cm) die to form a hoop. The inside sections used on both sides of the large-mesh cm) and a minimum total escape opening diameter of this hoop must be between 27 escape section are constructed of 13⁄8 inch area of 36 in2 (91.4 cm2). When the fisheye and 29 inches (68.6 and 73.7 cm). The hoop (3.5 cm), No. 18 stretched mesh, nylon BRD is installed, no part of the lazy line must be attached to the extension webbing webbing. The front section is 120 meshes attachment system (i.e., any mechanism, 171⁄2 meshes behind the leading edge. The around by 61⁄2 meshes deep. The back section such as elephant ears or choker straps, used extension webbing must be quartered and is 120 meshes around by 23 meshes deep. to attach the lazy line to the cod end) may attached in four places around the hoop, and (b) Large-Mesh Escape Section. The large- overlap the fisheye escape opening when the every other mesh must be attached all the mesh escape section is constructed of 8 to 10 fisheye is installed aft of the attachment way around the hoop using number 24 twine inch (20.3 to 25.4 cm), stretched mesh, point of the cod end retrieval system. or larger. The hoop must be laced with webbing. This section is cut on the bar to (a) In the Gulf EEZ, the fisheye BRD must 3⁄8-inch (0.95-cm) polypropylene or form a section that is 15 inches (38.1 cm) by be installed at the top center of the cod end polyethylene rope for chaffing. 75 inches (190.5 cm) in circumference. The of the trawl to create an opening in the trawl (c) 24-inch (61.0-cm) hoop. A single hoop leading edge is attached to the 61⁄2-mesh facing in the direction of the mouth of the must be constructed of either number 60 extension section and the rear edge is trawl no further forward than 9 ft (2.7 m) twine 80 inches (203.2 cm) in length or 3⁄8- attached to the 23-mesh extension section. from the cod end drawstring (tie-off rings). inch (0.95-cm) steel cable 751⁄2 inches (191.8 (c) Funnel. The funnel is constructed of (b) In the South Atlantic EEZ, the fisheye cm) in length. If twine is used, the twine 13⁄8 inch (3.5 cm), stretched mesh, No. 18 BRD must be installed at the top center of the must be laced in and out of the extension depth-stretched and heat-set polyethylene cod end of the trawl to create an escape webbing 39 meshes behind the leading edge, webbing. The circumference of the leading opening in the trawl facing the direction of and the ends must be tied together. If cable edge is 120 meshes and the back edge is 78 the mouth of the trawl no further forward is used, the cable must be joined at its ends meshes. The short side of the funnel is 30 to than 11 ft (3.4 m) from the cod end tie-off by a 3-inch (7.6-cm) piece of 3⁄8-inch (0.95- 32 inches (76.2 to 81.3 cm) long and the rings. cm) aluminum pipe and pressed together opposite side of the funnel extends an D. Gulf fisheye. with a 1⁄4-inch (0.64-cm) die to form a hoop. additional 20 to 22 inches (50.8 to 55.9 cm). 1. Description. The Gulf fisheye is a cone- The inside diameter of this hoop must be The circumference of the leading edge of the shaped rigid frame constructed from between 23 and 25 inches (58.4 and 63.4 cm). funnel is attached to the forward small-mesh aluminum or steel rod of at least 1⁄4 inch The hoop must be attached to the extension section three meshes forward of the large- (6.35-mm) diameter, which is inserted into webbing 39 meshes behind the leading edge. mesh escape section and is evenly sewn, the top center of the cod end, and is offset The extension webbing must be quartered mesh for mesh, to the small-mesh section. not more than 15 meshes perpendicular to and attached in four places around the hoop, The after edge of the funnel is attached to the the top center of the cod end to form an and every other mesh must be attached all after small-mesh section at its top and bottom escape opening. the way around the hoop using number 24 eight meshes back from the large-mesh 2. Minimum Construction and Installation twine or larger. The hoop must be laced with escape panel. Seven meshes of the top and Requirements. The Gulf fisheye has a 3⁄8-inch (0.95-cm) polypropylene or seven meshes of the bottom of the funnel are minimum escape opening dimension of 5 polyethylene rope for chaffing. attached to eight meshes at the top and inches (12.7 cm) and a minimum total escape (d) Funnel. The funnel must be constructed bottom of the small-mesh section, such eight 2 2 1 meshes being located immediately adjacent opening area of 36 in (91.4 cm ). To be used from four sections of 1 ⁄2-inch (3.8-cm) heat- to the top and bottom centers of the small- in the South Atlantic EEZ, the Gulf fisheye set and depth-stretched polypropylene or BRD must be installed in the cod end of the polyethylene webbing. The two side sections mesh section on the side of the funnel’s 1 extended side. The extended side of the trawl to create an escape opening in the must be rectangular in shape, 29 ⁄2 meshes on funnel is sewn at its top and bottom to the trawl, facing in the direction of the mouth of the leading edge by 23 meshes deep. The top 1 top and bottom of the small-mesh section, the trawl, no less than 8.5 ft (2.59 m) and no and bottom sections are 29 ⁄2 meshes on the extending at an angle toward the top and further forward than 12.5 ft (3.81 m) from the leading edge by 23 meshes deep and tapered bottom centers of the small-mesh section. cod end tie-off rings, and may be offset no 1 point 2 bars on both sides down to 8 (d) Semi-Rigid Hoop. A 24-inch (61.0-cm) more than 15 meshes perpendicular to the meshes across the back. The four sections diameter hoop constructed of plastic-coated top center of the cod end. When the Gulf must be sewn together down the 23-mesh 3 fisheye BRD is installed, no part of the lazy edge to form the funnel. trawl cable, swaged together with a ⁄8-inch (9.53-mm) micropress sleeve, is installed five line attachment system (i.e., any mechanism, (e) Attachment of the funnel in the webbing meshes behind the trailing edge of the large such as elephant ears or choker straps, used extension. The funnel must be installed two mesh section. The extension webbing must to attach the lazy line to the cod end) may meshes behind the leading edge of the be laced to the ring around the entire overlap the fisheye escape opening when the extension starting at the center seam of the circumference and must be equally fisheye is installed aft of the attachment extension and the center mesh of the funnel’s distributed on the hoop, that is, 30 meshes point of the cod end retrieval system. top section leading edge. On the same row of must be evenly attached to each quadrant. E. Jones-Davis. meshes, the funnel must be sewn evenly all (e) Installation. The extended funnel BRD 1. Description. The Jones-Davis BRD is the way around the inside of the extension. is attached 8 inches (20.3 cm) behind the similar to the expanded mesh and the The funnel’s top and bottom back edges must posterior edge of the TED. If it is attached extended funnel BRDs except that the fish be attached one mesh behind the 28-inch behind a soft TED, a second semi-rigid hoop, escape openings are windows cut around the (71.1-cm) cable hoop (front hoop). Starting at as prescribed in paragraph A.3.(d), must be funnel rather than large-mesh sections. In the top center seam, the back edge of the top installed in the front section of the BRD addition, a webbing cone fish deflector is funnel section must be attached four meshes extension webbing at the leading edge of the installed behind the funnel. each side of the center. Counting around 60 funnel. The cod end of the trawl net is 2. Minimum Construction and Installation meshes from the top center, the back edge of attached to the trailing edge of the BRD. Requirements. The Jones-Davis BRD must the bottom section must be attached 4 B. Expanded Mesh. The expanded mesh contain all of the following. meshes on each side of the bottom center. BRD is constructed and installed exactly the (a) Webbing extension. The webbing Clearance between the side of the funnel and same as the standard size extended funnel extension must be constructed from a single the 28-inch (71.1-cm) cable hoop (front hoop) BRD, except that one side of the funnel is not piece of 15⁄8-inch (3.5-cm) stretch mesh must be at least 6 inches (15.2 cm) when extended to form a lead panel. number 30 nylon 42 meshes by 120 meshes. measured in the hanging position. C. Fisheye. A tube is formed from the extension webbing (f) Cutting the escape openings. The 1. Description. The fisheye BRD is a cone- by sewing the 42-mesh side together. leading edge of the escape opening must be shaped rigid frame constructed from (b) 28-inch (71.1-cm) cable hoop. A single located within 18 inches (45.7 cm) of the 1 aluminum or steel rod of at least 1⁄4 inch hoop must be constructed of ⁄2-inch (1.3-cm) posterior edge of the turtle excluder device (6.35-mm) diameter, which is inserted into steel cable 88 inches (223.5 cm) in length. (TED) grid. The area of the escape opening the cod end to form an escape opening. The cable must be joined at its ends by a must total at least 864 in2 (5,574.2 cm2). Two 2. Minimum Construction and Installation 3-inch (7.6-cm) piece of 1⁄2-inch (1.3-cm) escape openings 10 meshes wide by 13 Requirements. The fisheye has a minimum aluminum pipe and pressed with a 3⁄8-inch meshes deep must be cut 6 meshes apart in

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the extension webbing, starting at the top cable 341⁄2 inches (87.6 cm) in length. The (d) Cone fish deflector. The cone fish center extension seam, 3 meshes back from ends must be joined by a 3-inch (7.6-cm) deflector is constructed of 2 pieces of 15⁄8- the leading edge and 16 meshes to the left piece of 3⁄8-inch (0.95-cm) aluminum pipe inch (4.1-cm) polypropylene or polyethylene and to the right (total of four openings). The pressed together with a 1⁄4-inch (0.64-cm) die. webbing, 40 meshes wide by 20 meshes in four escape openings must be double The hoop must be inserted in the webbing length and cut on the bar on each side selvaged for strength. cone, attached 10 meshes from the apex and forming a triangle. Starting at the apex of the (g) Alternative Method for Constructing the laced all the way around with heavy twine. two triangles, the two pieces must be sewn Funnel and Escape Openings. The following (j) Installation of the cone in the extension. together to form a cone of webbing. The apex method for constructing the funnel and The cone must be installed in the extension of the cone fish deflector must be positioned escape openings may be used instead of the 12 inches (30.5 cm) behind the back edge of within 12 inches (30.5 cm) of the posterior method described in paragraphs F.2.d., F.2.e., the funnel and attached in four places. The edge of the funnel. and F.2.f. of this section. With this midpoint of a piece of number 60 twine 4 ft (e) 11-inch (27.9-cm) cable hoop for cone alternative method, the funnel and escape (1.22 m) in length must be attached to the deflector. A single hoop must be constructed openings are formed by cutting a flap in each apex of the cone. This piece of twine must of 5⁄16-inch (0.79-cm) or 3⁄8-inch (0.95-cm) side of the extension webbing; pushing the be attached to the 28-inch (71.1-cm) cable cable 341⁄2 inches (87.6 cm) in length. The flaps inward; and attaching the top and hoop at the center of each of its sides; the ends must be joined by a 3-inch (7.6-cm) bottom edges along the bars of the extension points of attachment for the two pieces of piece of 3⁄8-inch (0.95-cm) aluminum pipe webbing to form the v-shape of the funnel. twine must be measured 20 inches (50.8 cm) pressed together with a 1⁄4-inch (0.64-cm) die. Minimum requirements applicable to this from the midpoint attachment. Two 8-inch The hoop must be inserted in the webbing method include: The funnel’s top and bottom (20.3-cm) pieces of number 60 twine must be cone, attached 10 meshes from the apex and back edges must be attached one mesh attached to the top and bottom of the 11-inch laced all the way around with heavy twine. behind the 28-inch (71.1-cm) cable hoop (27.9-cm) cone hoop. The opposite ends of (f) Installation of the cone in the extension. (front hoop); clearance between the side of these two pieces of twine must be attached The apex of the cone must be installed in the the funnel and the 28-inch (71.1-cm) cable to the top and bottom center of the 24-inch extension within 12 inches (30.5 cm) behind hoop (front hoop) must be at least 6 inches (61-cm) cable hoop; the points of attachment the back edge of the funnel and attached in (15.2 cm) when measured in the hanging for the two pieces of twine must be measured four places. The midpoint of a piece of position; the leading edge of the escape 4 inches (10.2 cm) from the points where number 60 twine (or at least 4-mesh wide opening must be located within 18 inches they are tied to the 11-inch (27.9-cm) cone strip of number 21 or heavier webbing) 3 ft (45.7 cm) of the posterior edge of the turtle hoop. (1.22 m) in length must be attached to the excluder device (TED) grid; and, the area of F. Modified Jones-Davis. apex of the cone. This piece of twine or the escape opening must total at least 864 in2 1. Description. The Modified Jones-Davis webbing must be attached within 5 meshes (5,574.2 cm2). To construct the funnel and BRD is a variation to the alternative funnel of the aft edge of the funnel at the center of escape openings using this method, begin 31⁄2 construction method of the Jones-Davis BRD each of its sides. Two 12-inch (30.5-cm) meshes from the leading edge of the except the funnel is assembled by using pieces of number 60 (or heavier) twine must extension, at the top center seam, count over depth-stretched and heat-set polyethylene be attached to the top and bottom of the 11- 18 meshes on each side, and cut 13 meshes webbing instead of the flaps formed from the inch (27.9-cm) cone hoop. The opposite ends toward the back of the extension. Turn extension webbing. In addition, no hoops are of these two pieces of twine must be attached parallel to the leading edge, and cut 26 used to hold the BRD open. to the top and bottom center of the extension meshes toward the bottom center of the 2. Minimum Construction and Installation webbing to keep the cone from inverting into extension. Next, turn parallel to the top Requirements. The Modified Jones-Davis the funnel. center seam, and cut 13 meshes forward BRD must contain all of the following. G. [Reserved] toward the leading edge, creating a flap of (a) Webbing extension. The webbing H. Cone Fish Deflector Composite Panel. 1. webbing 13 meshes by 26 meshes by 13 extension must be constructed from a single Description. The Cone Fish Deflector meshes. Lengthen the flap to 18 meshes by rectangular piece of 15⁄8-inch (4.1-cm) stretch Composite Panel BRD is a variation to the adding a 41⁄2-mesh by 26-mesh rectangular mesh number 30 nylon with dimensions of alternative funnel construction method of the section of webbing to the 26-mesh edge. 391⁄2 meshes by 150 meshes. A tube is Jones-Davis BRD, except the funnel is Attach the 18-mesh edges to the top and formed from the extension webbing by assembled by using depth-stretched and heat- bottom of the extension by sewing 2 bars of sewing the 391⁄2-mesh-sides together. set polyethylene webbing with square mesh the extension to 1 mesh on the flap in toward (b) Funnel. The funnel must be constructed panels on the inside instead of the flaps the top center and bottom center of the from two sections of 15⁄8-inch (4.1-cm) heat- formed from the extension webbing. In extension, forming the exit opening and the set and depth-stretched polypropylene or addition, no hoops are used to hold the BRD funnel. Connect the two flaps together in the polyethylene webbing. The two side sections open. center with a 7-inch piece of number 42 must be rectangular in shape, 25 meshes on 2. Minimum Construction and Installation twine to allow adequate clearance for fish the leading edge by 21 meshes deep. The 25- Requirements. The Cone Fish Deflector escapement between the flaps and the side mesh leading edge of each polyethylene Composite Panel BRD must contain all of the openings. On each side, sew a 6-mesh by webbing section must be sewn evenly two following: 101⁄2-mesh section of webbing to 6 meshes of meshes in from the front of the extension (a) Webbing extension. The webbing the center of the 26-mesh cut on the webbing starting 25 meshes from the top extension must be constructed from a single extension and 6 meshes centered between the center on each side. The 21-mesh edge must rectangular piece of 11⁄2-inch to 13⁄4-inch 13-mesh cuts 31⁄2 meshes from the leading be sewn to the extension webbing on a 9-bar (3.8-cm to 4.5-cm) stretch mesh with edge. This forms two 10-mesh by 13-mesh and 1-mesh angle in the top and bottom, dimensions of 241⁄2 meshes by 150 to 160 openings on each side. forming a V-shape funnel. meshes. A tube is formed from the extension (h) Cone fish deflector. The cone fish (c) Cutting the escape opening. The leading webbing piece by sewing the 241⁄2-mesh sides deflector is constructed of 2 pieces of edge of the escape openings must be located together. The leading edge of the webbing 15⁄8-inch (4.13-cm) polypropylene or within 18 inches (45.7 cm) of the posterior extension must be attached no more than 4 polyethylene webbing, 40 meshes wide by 20 edge of the turtle excluder device (TED) grid. meshes from the posterior edge of the TED meshes in length and cut on the bar on each The area of the escape opening must total at grid. side forming a triangle. Starting at the apex least 635 in2 (4,097 cm2). Two escape (b) Funnel. The V-shaped funnel consists of the two triangles, the two pieces must be openings, 6 meshes wide by 12 meshes deep, of two webbing panels attached to the sewn together to form a cone of webbing. The must be cut 4 meshes apart in the extension extension along the leading edge of the apex of the cone fish deflector must be webbing, starting at the top center extension panels. The top and bottom edges of the positioned within 10–14 inches (25.4–35.6 seam, 7 meshes back from the leading edge, panels are sewn diagonally across the cm) of the posterior edge of the funnel. and 30 meshes to the left and to the right extension toward the center to form the (i) 11-inch (27.9-cm) cable hoop for cone (total of four openings). The four escape funnel. The panels are 2-ply in design, each deflector. A single hoop must be constructed openings must be double selvaged for with an inner layer of 11⁄2-inch to 15⁄8-inch of 5⁄16-inch (0.79-cm) or 3⁄8-inch (0.95-cm) strength. (3.8-cm to 4.1-cm) heat-set and depth-

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stretched polyethylene webbing and an outer webbing, 40 meshes wide by 20 meshes in side. Alternately sew 2 meshes of the layer constructed of no larger than length and cut on the bar on each side polyethylene webbing to 1 mesh of the 2-inch (5.1-cm) square mesh webbing (1-inch forming a triangle. Starting at the apex of the extension webbing then 1 mesh of the bar). The inner webbing layer must be two triangles, the two pieces must be sewn polyethylene webbing to 1 mesh of the rectangular in shape, 36 meshes on the together to form a cone of webbing. The apex extension webbing toward the top. The leading edge by 20 meshes deep. The 36- of the cone fish deflector must be positioned bottom 20-mesh edges of the polyethylene mesh leading edges of the polyethylene within 12 inches (30.5 cm) of the posterior layers are sewn evenly to the extension webbing should be sewn evenly to 24 meshes edge of the funnel. webbing on a 2 bar 1 mesh angle toward the of the extension webbing 11⁄2 meshes from (e) 11-inch (27.9-cm) cable hoop for cone bottom back center forming a v-shape in the and parallel to the leading edge of the deflector. A single hoop must be constructed bottom of the extension webbing. The top 20- extension starting 12 meshes up from the of 5⁄16-inch (0.79-cm) or 3⁄8-inch (0.95-cm) mesh edges of the polyethylene layers are bottom center on each side. Alternately sew cable 341⁄2 inches (87.6 cm) in length. The sewn evenly along the bars of the extension 2 meshes of the polyethylene webbing to 1 ends must be joined by a 3-inch (7.6-cm) webbing toward the top back center. The mesh of the extension webbing then 1 mesh piece of 3⁄8-inch (0.95-cm) aluminum pipe square mesh layers must be rectangular in of the polyethylene webbing to 1 mesh of the pressed together with a 1⁄4-inch (0.64-cm) die. shape and constructed of no larger than 2- extension webbing toward the top. The The hoop must be inserted in the webbing inch (5.1-cm) webbing that is 18 inches (45.7 bottom 20-mesh edges of the polyethylene cone, attached 10 meshes from the apex and cm) in length on the leading edge. The depth layers are sewn evenly to the extension laced all the way around with heavy twine. of the square mesh layer must be no more webbing on a 2 bar 1 mesh angle toward the (f) Installation of the cone in the extension. than 2 inches (5.1 cm) less than the 20 mesh bottom back center forming a v-shape in the The apex of the cone must be installed in the side of the inner polyethylene layer when bottom of the extension webbing. The top 20- extension within 12 inches (30.5 cm) behind stretched taught. The 18-inch (45.7-cm) mesh edges of the polyethylene layers are the back edge of the funnel and attached in leading edge of each square mesh layer must sewn evenly along the bars of the extension four places. The midpoint of a piece of be sewn evenly to the 36-mesh leading edge webbing toward the top back center. The number 60 twine (or at least 4-mesh wide of the polyethylene section and the sides are square mesh layers must be rectangular in strip of number 21 or heavier webbing) 3 ft sewn evenly (in length) to the 20-mesh edges shape and constructed of no larger than 2- (1.22 m) in length must be attached to the of the polyethylene webbing. This will form inch (5.1-cm) webbing that is 18 inches (45.7 apex of the cone. This piece of twine or a v-shape funnel using the top of the cm) in length on the leading edge. The depth webbing must be attached within 5 meshes extension webbing as the top of the funnel of the square mesh layer must be no more of the aft edge of the funnel at the center of and the bottom of the extension webbing as than 2 inches (5.1 cm) less than the 20 mesh each of its sides. Two 12-inch (30.5-cm) the bottom of the funnel. side of the inner polyethylene layer when pieces of number 60 (or heavier) twine must (c) Cutting the escape opening. There are stretched taught. The 18-inch (45.7-cm) be attached to the top and bottom of the 11- two escape openings on each side of the leading edge of each square mesh layer must inch (27.9-cm) cone hoop. The opposite ends funnel. The leading edge of the escape be sewn evenly to the 36-mesh leading edge of these two pieces of twine must be attached openings must be located on the same row of the polyethylene section and the sides are to the top and bottom center of the extension of meshes in the extension webbing as the sewn evenly (in length) to the 20-mesh edges webbing to keep the cone from inverting into leading edge of the composite panels. The of the polyethylene webbing. This will form the funnel. lower openings are formed by starting at the a v-shape funnel using the top of the I. Square Mesh Panel (SMP) Composite first attachment point of the composite extension webbing as the top of the funnel Panel panels and cutting 9 meshes in the extension and the bottom of the extension webbing as 1. Description. The SMP is a panel of webbing on an even row of meshes toward the bottom of the funnel. square mesh webbing placed in the top of the the top of the extension. Next, turn 90 (c) Cutting the escape opening. There are cod end to provide finfish escape openings. degrees and cut 15 points on an even row two escape openings on each side of the 2. Minimum Construction and Installation toward the back of the extension webbing. At funnel. The leading edge of the escape Requirements. The SMP Composite Panel this point turn and cut 18 bars toward the openings must be located on the same row BRD must contain all of the following: bottom front of the extension webbing. Finish of meshes in the extension webbing as the (a) Webbing extension. The webbing the escape opening by cutting 6 points leading edge of the composite panels. The extension must be constructed from a single toward the original starting point. The top lower openings are formed by starting at the rectangular piece of 11⁄2-inch to 13⁄4-inch escape openings start 5 meshes above and first attachment point of the composite (3.8-cm to 4.5-cm) stretch mesh with mirror the lower openings. Starting at the panels and cutting 9 meshes in the extension dimensions of 241⁄2 meshes by 150 to 160 leading edge of the composite panel and 5 webbing on an even row of meshes toward meshes. A tube is formed from the extension meshes above the lower escape opening, cut the top of the extension. Next, turn 90 webbing piece by sewing the 241⁄2-mesh sides 9 meshes in the extension on an even row of degrees and cut 15 points on an even row together. The leading edge of the webbing meshes toward the top of the extension. Next, toward the back of the extension webbing. At extension must be attached no more than 4 turn 90 degrees, and cut 6 points on an even this point turn and cut 18 bars toward the meshes from the posterior edge of the TED row toward the back of the extension bottom front of the extension webbing. Finish grid. webbing. Then cut 18 bars toward the bottom the escape opening by cutting 6 points (b) Funnel. The V-shaped funnel consists back of the extension. To complete the toward the original starting point. The top of two webbing panels attached to the escape opening, cut 15 points forward toward escape openings start 5 meshes above and extension along the leading edge of the the original starting point. The area of each mirror the lower openings. Starting at the panels. The top and bottom edges of the escape opening must total at least 212 in2 leading edge of the composite panel and 5 panels are sewn diagonally across the (1,368 cm2). The four escape openings must meshes above the lower escape opening, cut extension toward the center to form the be double selvaged for strength. 9 meshes in the extension on an even row of funnel. The panels are 2-ply in design, each (d) SMP. The SMP is constructed from a meshes toward the top of the extension. Next, with an inner layer of 11⁄2-inch to 15⁄8-inch single piece of square mesh webbing with a turn 90 degrees, and cut 6 points on an even (3.8-cm to 4.1-cm) heat-set and depth- minimum dimension of 5 squares wide and row toward the back of the extension stretched polyethylene webbing and an outer 12 squares in length with a minimum mesh webbing. Then cut 18 bars toward the bottom layer constructed of no larger than 2-inch size of 3-inch (76-mm) stretched mesh. The back of the extension. To complete the (5.1-cm) square mesh webbing (1-inch bar). maximum twine diameter of the square mesh escape opening, cut 15 points forward toward The inner webbing layer must be rectangular is number 96 twine (4 mm). the original starting point. The area of each in shape, 36 meshes on the leading edge by (e) Cutting the SMP escape opening. The escape opening must total at least 212 in2 20 meshes deep. The 36-mesh leading edges escape opening is a rectangular hole cut in (1,368 cm2). The four escape openings must of the polyethylene webbing should be sewn the top center of the cod end webbing. The be double selvaged for strength. evenly to 24 meshes of the extension posterior edge of the escape opening must be (d) Cone fish deflector. The cone fish webbing 11⁄2 meshes from and parallel to the placed no farther forward that 8 ft (2.4 m) deflector is constructed of 2 pieces of 15⁄8- leading edge of the extension starting 12 from the cod end drawstring (tie-off rings). inch (4.1-cm) polypropylene or polyethylene meshes up from the bottom center on each The width of the escape opening, as

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measured across the cod end, must be four (f) Installation of the SMP. The SMP must Appendix E to Part 622—Caribbean cod end meshes per square of the SMP (i.e., be attached to the edge of the escape opening Island/Island Group Management a cut of 20 cod end meshes for a SMP that evenly around the perimeter of the escape Areas is 5 meshes wide). The stretched mesh length opening cut with heavy twine. of the escape opening must be equal to the Table 1 of Appendix E to Part 622— total length of the SMP. No portion of the Coordinates of the Puerto Rico Management SMP escape opening may be covered with Area. additional material or netting such as The Puerto Rico management area is chaffing webbing, which might impede or bounded by rhumb lines connecting, in prevent fish escapement. order, the following points.

Point North lat. West long.

A (intersects with the International/EEZ boundary) ...... 19°37′29″ 65°20′ 57″ B (intersects with the EEZ/Territorial boundary) ...... 18°25′46.3015″ 65°06′31.866″ From Point B, proceed southerly along the EEZ/Territorial boundary to Point C C (intersects with the EEZ/Territorial boundary) ...... 18°13′59.0606″ 65°05′33.058″ D ...... 18°01′16.9636″ 64°57′38.817″ E ...... 17°30′00.000″ 65°20′00.1716″ F ...... 16°02′53.5812″ 65°20′00.1716″ From Point F, proceed southwesterly, then northerly, then easterly, and finally southerly along the Inter- national/EEZ boundary to Point A A (intersects with the International/EEZ boundary) ...... 19°37′29″ 65°20′57″

Table 2 of Appendix E to Part 622— The St. Croix management area is bounded Coordinates of the St. Croix Management by rhumb lines connecting, in order, the Area. following points.

Point North lat. West long.

G ...... 18°03′03″ 64°38′03″ From Point G, proceed easterly, then southerly, then southwesterly along the EEZ/Territorial boundary to Point F F ...... 16°02′53.5812″ 65°20′00.1716″ E ...... 17°30′00.000″ 65°20′00.1716″ D ...... 18°01′16.9636″ 64°57′38.817″ G ...... 18°03′03″ 64°38′03″

Table 3 of Appendix E to Part 622— The St. Thomas/St. John management area Coordinates of the St. Thomas/St. John is bounded by rhumb lines connecting, in Management Area. order, the following points.

Point North lat. West long.

A (intersects with the International/EEZ boundary) ...... 19°37′29″ 65°20′57″ From Point A, proceed southeasterly along the EEZ/Territorial boundary to Point G G ...... 18°03′03″ 64°38′03″ D ...... 18°01′16.9636″ 64°57′38.817″ C (intersects with the EEZ/Territorial boundary) ...... 18°13′59.0606″ 65°05′33.058″ From Point C, proceed northerly along the EEZ/Territorial boundary to Point B B (intersects with the EEZ/Territorial boundary) ...... 18°25′46.3015″ 65°06′31.866″ A (intersects with the International/EEZ boundary) ...... 19°37′29″ 65°20′57″

Appendix F to Part 622—Specifications handled line clipper or cutter and a set of set of replacement blades meeting these for Sea Turtle Mitigation Gear and Sea replacement blades are required to be standards must also be carried on board to Turtle Handling and Release onboard. The minimum design standards for replace all cutting surfaces on the line cutter Requirements line cutters are as follows: or clipper. (a) A protected and secured cutting blade. (b) An extended reach handle. The line A. Sea turtle mitigation gear. The cutting blade(s) must be capable of cutter blade must be securely fastened to an 1. Long-handled line clipper or cutter. Line cutting 2.0–2.1 mm (0.078 in.–0.083 in.) extended reach handle or pole with a cutters are intended to cut high test monofilament line (400-lb test) or minimum length equal to, or greater than, monofilament line as close as possible to the polypropylene multistrand material, known 150 percent of the freeboard, or a minimum hook, and assist in removing line from as braided or tarred mainline, and must be of 6 ft (1.83 m), whichever is greater. It is entangled sea turtles to minimize any maintained in working order. The cutting recommended, but not required, that the remaining gear upon release. NMFS has blade must be curved, recessed, contained in handle break down into sections. There is no established minimum design standards for a holder, or otherwise designed to facilitate restriction on the type of material used to the line cutters. The LaForce line cutter and its safe use so that direct contact between the construct this handle as long as it is sturdy the Arceneaux line clipper are models that cutting surface and the sea turtle or the user and facilitates the secure attachment of the meet these minimum design standards, and is prevented. The cutting instrument must be cutting blade. may be purchased or fabricated from readily securely attached to an extended reach 2. Long-handled dehooker for internal available and low-cost materials. One long- handle and be easily replaceable. One extra hooks. A long-handled dehooking device is

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intended to remove internal hooks from sea stainless steel or aluminum. The semicircular bites down on the dehooking device. The bite turtles that cannot be boated. It should also or ‘‘J’’ shaped end must be securely attached block should be constructed of a 3⁄4-inch be used to engage a loose hook when a turtle to a handle. A sharp point, such as on a gaff (1.91 cm) inside diameter high impact plastic is entangled but not hooked, and line is being hook, is to be used only for holding the cylinder (e.g., Schedule 80 PVC) that is 4 to removed. The design must shield the barb of monofilament fishing line and should never 6 inches (10.2 to 15.2 cm) long to allow for the hook and prevent it from re-engaging contact the sea turtle. 5 inches (12.7 cm) of slide along the shaft. during the removal process. One long- (b) Extended reach handle. The handle The device must be of a size appropriate to handled device to remove internal hooks is must have a minimum length equal to the secure the range of hook sizes and styles used required onboard. The minimum design freeboard of the vessel, or 6 ft (1.83 m), in the South Atlantic snapper-grouper standards are as follows: whichever is greater. The handle must be fishery. (a) Hook removal device. The hook removal sturdy and strong enough to facilitate the (b) Handle length. The handle should be device must be constructed of approximately secure attachment of the gaff hook. approximately 16 to 24 inches (40.64 cm to 3⁄16-inch (4.76 mm) to 5⁄16-inch (7.94 mm) 316 5. Dipnet. One dipnet is required onboard. 60.69 cm) in length, with approximately a 4 L stainless steel or similar material and have Dipnets are to be used to facilitate safe to 6-inch (10.2 to 15.2-cm) long tube T- a dehooking end no larger than 17⁄8-inches handling of sea turtles by allowing them to handle of approximately 1 inch (2.54 cm) in (4.76 cm) outside diameter. The device must be brought onboard for fishing gear removal, diameter. securely engage and control the leader while without causing further injury to the animal. 8. Short-handled dehooker for external shielding the barb to prevent the hook from Turtles must not be brought onboard without hooks. One short-handled dehooker for re-engaging during removal. It may not have the use of a dipnet or hoist. The minimum external hooks is required onboard. The any unprotected terminal points (including design standards for dipnets are as follows: short-handled dehooker for internal hooks blunt ones), as these could cause injury to the (a) Size of dipnet. The dipnet must have a required to comply with paragraph 7. of this esophagus during hook removal. The device sturdy net hoop of at least 31 inches (78.74 Appendix F will also satisfy this must be of a size appropriate to secure the cm) inside diameter and a bag depth of at requirement. Minimum design standards are range of hook sizes and styles used in the least 38 inches (96.52 cm) to accommodate as follows: South Atlantic snapper-grouper fishery. turtles below 3 ft (0.914 m) carapace length. (a) Hook removal device. The dehooker (b) Extended reach handle. The dehooking The bag mesh openings may not exceed 3 must be constructed of approximately 3⁄16- end must be securely fastened to an extended inches (7.62 cm) by 3 inches (7.62 cm). There inch (4.76 cm) to 5⁄16-inch (7.94 cm) 316 L reach handle or pole with a minimum length must be no sharp edges or burrs on the hoop, stainless steel, and the design must be such equal to or greater than 150 percent of the or where it is attached to the handle. There that a hook can be rotated out without freeboard, or a minimum of 6 ft (1.83 m), is no requirement for the hoop to be circular pulling it out at an angle. The dehooking end whichever is greater. It is recommended, but as long as it meets the minimum must be blunt, and all edges rounded. The not required, that the handle break down into specifications. device must be of a size appropriate to secure sections. The handle must be sturdy and (b) Extended reach handle. The dipnet the range of hook sizes and styles used in the strong enough to facilitate the secure hoop must be securely fastened to an South Atlantic snapper-grouper fishery. attachment of the hook removal device. extended reach handle or pole with a (b) Handle length. The handle should be 3. Long-handled dehooker for external minimum length equal to, or greater than, approximately 16 to 24 inches (40.64 to 60.69 hooks. A long-handled dehooker is required 150 percent of the freeboard, or at least 6 ft cm) long with approximately a 5-inch (12.7 for use on externally-hooked sea turtles that (1.83 m), whichever is greater. The handle cm) long tube T-handle, wire loop handle or cannot be boated. The long-handled must be made of a rigid material strong similar, of approximately 1 inch (2.54 cm) in dehooker for internal hooks described in enough to facilitate the sturdy attachment of diameter. paragraph 2. of this Appendix F would meet the net hoop and be able to support a 9. Long-nose or needle-nose pliers. One this requirement. The minimum design minimum of 100 lb (34.1 kg) without pair of long-nose or needle-nose pliers is standards are as follows: breaking or significant bending or distortion. required on board. Required long-nose or (a) Construction. A long-handled dehooker It is recommended, but not required, that the needle-nose pliers can be used to remove must be constructed of approximately 3⁄16- extended reach handle break down into deeply embedded hooks from the turtle’s inch (4.76 mm) to 5⁄16-inch (7.94 mm) 316 L sections. flesh that must be twisted during removal or stainless steel rod and have a dehooking end 6. Cushion/support device. A standard for removing hooks from the front of the no larger than 17⁄8-inches (4.76 cm) outside automobile tire (free of exposed steel belts), mouth. They can also hold PVC splice diameter. The design should be such that a a boat cushion, a large turtle hoist, or any couplings, when used as mouth openers, in fish hook can be rotated out, without pulling other comparable cushioned elevated surface, place. Minimum design standards are as it out at an angle. The dehooking end must is required for supporting a turtle in an follows: be blunt with all edges rounded. The device upright orientation while the turtle is (a) General. They must be approximately must be of a size appropriate to secure the onboard. The cushion/support device must 12 inches (30.48 cm) in length, and should range of hook sizes and styles used in the be appropriately sized to fully support a be constructed of stainless steel material. South Atlantic snapper-grouper fishery. range of turtle sizes. (b) [Reserved] (b) Extended reach handle. The handle 7. Short-handled dehooker for internal 10. Bolt cutters. One pair of bolt cutters is must be a minimum length equal to the hooks. One short-handled device for required on board. Required bolt cutters may freeboard of the vessel or 6 ft (1.83 m), removing internal hooks is required onboard. be used to cut hooks to facilitate their whichever is greater. This dehooker is designed to remove ingested removal. They should be used to cut off the 4. Long-handled device to pull an hooks from boated sea turtles. It can also be eye or barb of a hook, so that it can safely ‘‘inverted V’’. This tool is used to pull a ‘‘V’’ used on external hooks or hooks in the front be pushed through a sea turtle without in the fishing line when implementing the of the mouth. Minimum design standards are causing further injury. They should also be ‘‘inverted V’’ dehooking technique, as as follows: used to cut off as much of the hook as described in the document entitled ‘‘Careful (a) Hook removal device. The hook removal possible, when the remainder of the hook Release Protocols for Sea Turtle Release With device must be constructed of approximately cannot be removed. Minimum design Minimal Injury,’’ for disentangling and 3⁄16-inch (4.76 mm) to 5⁄16-inch (7.94 mm) 316 standards are as follows: dehooking entangled sea turtles. One long- L stainless steel, and must allow the hook to (a) General. They must be approximately handled device to pull an ‘‘inverted V’’ is be secured and the barb shielded without re- 14 to 17 inches (35.56 to 43.18 cm) in total required onboard. If a 6-ft (1.83 m) J-style engaging during the removal process. It must length, with approximately 4-inch (10.16 cm) dehooker is used to comply with paragraph be no larger than 17⁄8-inches (4.76 cm) long blades that are 21⁄4 inches (5.72 cm) 4. of this Appendix F, it will also satisfy this outside diameter. It may not have any wide, when closed, and with approximately requirement. Minimum design standards are unprotected terminal points (including blunt 10 to 13-inch (25.4 to 33.02-cm) long as follows: ones), as this could cause injury to the handles. Required bolt cutters must be able (a) Hook end. This device, such as a esophagus during hook removal. A sliding to cut hard metals, such as stainless or standard boat hook, gaff, or long-handled J- PVC bite block must be used to protect the carbon steel hooks, up to 1⁄4-inch (6.35 mm) style dehooker, must be constructed of beak and facilitate hook removal if the turtle diameter.

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(b) [Reserved] inch (1.91 cm) tubing, and each tied into a the insertion point is not visible, or if it is 11. Monofilament line cutters. One pair of loop. The upper loop of rope covered with determined that removal would result in monofilament line cutters is required on hose is secured on the upper beak to give further injury. If a hook cannot be removed, board. Required monofilament line cutters control with one hand, and the second piece as much line as possible should be removed must be used to remove fishing line as close of rope covered with hose is secured on the from the turtle using monofilament cutters as to the eye of the hook as possible, if the hook lower beak to give control with the user’s specified in paragraph A.11. of this is swallowed or cannot be removed. foot. Appendix F, and the hook should be cut as Minimum design standards are as follows: (e) A hank of rope. Placed in the corner of close as possible to the insertion point before (a) General. Monofilament line cutters a turtle’s jaw, a hank of rope can be used to releasing the turtle, using bolt cutters as must be approximately 71⁄2 inches (19.05 cm) gag open a sea turtle’s mouth. A 6-ft (1.83 m) specified in paragraph A.10. of this in length. The blades must be 1 inch (4.45 lanyard of approximately 3⁄16-inch (4.76 mm) Appendix F. If a hook can be removed, an cm) in length and 5⁄8 inches (1.59 cm) wide, braided nylon rope may be folded to create effective technique may be to cut off either when closed. a hank, or looped bundle, of rope. Any size the barb, or the eye, of the hook using bolt (b) [Reserved] soft-braided nylon rope is allowed, however cutters, and then to slide the hook out. When 12. Mouth openers/mouth gags. Required it must create a hank of approximately 2–4 the hook is visible in the front of the mouth, mouth openers and mouth gags are used to inches (5.08 cm–10.16 cm) in thickness. a mouth-opener, as specified in paragraph open sea turtle mouths, and to keep them (f) A set of four PVC splice couplings. PVC A.12. of this Appendix F, may facilitate open when removing internal hooks from splice couplings can be positioned inside a opening the turtle’s mouth and a gag may boated turtles. They must allow access to the turtle’s mouth to allow access to the back of facilitate keeping the mouth open. Short- hook or line without causing further injury the mouth for hook and line removal. They handled dehookers for internal hooks, or to the turtle. Design standards are included are to be held in place with the needle-nose long-nose or needle-nose pliers, as specified in the item descriptions. At least two of the pliers. To ensure proper fit and access, a in paragraphs A.7. and A.8. of this Appendix seven different types of mouth openers/gags required set must consist of the following F, respectively, should be used to remove described below are required: Schedule 40 PVC splice coupling sizes: 1 visible hooks from the mouth that have not (a) A block of hard wood. Placed in the inch (2.54 cm), 11⁄4 inch (3.18 cm), 11⁄2 inch been swallowed on boated turtles, as corner of the jaw, a block of hard wood may (3.81 cm), and 2 inches (5.08 cm). appropriate. As much gear as possible must be used to gag open a turtle’s mouth. A (g) A large avian oral speculum. A large be removed from the turtle without causing smooth block of hard wood of a type that avian oral speculum provides the ability to further injury prior to its release. Refer to the does not splinter (e.g. maple) with rounded hold a turtle’s mouth open and to control the careful release protocols and handling/ edges should be sanded smooth, if necessary, head with one hand, while removing a hook release guidelines required in § 622.10(c)(1), and soaked in water to soften the wood. The with the other hand. The avian oral and the handling and resuscitation dimensions should be approximately 11 speculum must be 9-inches (22.86 cm) long, requirements specified in § 223.206(d)(1) of inches (27.94 cm) by 1 inch (2.54 cm) by 1 and constructed of 3⁄16-inch (4.76 mm) wire this title, for additional information. inch (2.54 cm). A long-handled, wire shoe diameter surgical stainless steel (Type 304). (b) [Reserved] brush with a wooden handle, and with the It must be covered with 8 inches (20.32 cm) 2. Non-boated turtles. If a sea turtle is too wires removed, is an inexpensive, effective of clear vinyl tubing (5⁄16-inch (7.9 mm) large, or hooked in a manner that precludes and practical mouth-opening device that outside diameter, 3⁄16-inch (4.76 mm) inside safe boating without causing further damage meets these requirements. diameter), friction tape, or similar to pad the or injury to the turtle, sea turtle bycatch (b) A set of three canine mouth gags. surface. mitigation gear specified in paragraphs A.1. Canine mouth gags are highly recommended B. Sea turtle handling and release through 4. of this Appendix F must be used to hold a turtle’s mouth open, because the requirements. Sea turtle bycatch mitigation to disentangle sea turtles from fishing gear gag locks into an open position to allow for gear, as specified in paragraphs A.1. through and disengage any hooks, or to clip the line hands-free operation after it is in place. 4. of this Appendix F, must be used to and remove as much line as possible from a These tools are only for use on small and disengage any hooked or entangled sea hook that cannot be removed, prior to medium sized turtles, as larger turtles may be turtles that cannot be brought onboard. Sea releasing the turtle, in accordance with the able to crush the mouth gag. A set of canine turtle bycatch mitigation gear, as specified in protocols specified in § 622.10(c)(1). mouth gags must include one of each of the paragraphs A.5. through 12. of this Appendix (a) Non-boated turtles should be brought following sizes: small (5 inches) (12.7 cm), F, must be used to facilitate access, safe close to the boat and provided with time to medium (6 inches) (15.24 cm), and large (7 handling, disentanglement, and hook calm down. Then, it must be determined inches) (17.78 cm). They must be constructed removal or hook cutting of sea turtles that whether or not the hook can be removed of stainless steel. The ends must be covered can be brought onboard, where feasible. Sea without causing further injury. All externally with clear vinyl tubing, friction tape, or turtles must be handled, and bycatch embedded hooks must be removed, unless similar, to pad the surface. mitigation gear must be used, in accordance hook removal would result in further injury (c) A set of two sturdy dog chew bones. with the careful release protocols and to the turtle. No attempt should be made to Placed in the corner of a turtle’s jaw, canine handling/release guidelines provided by remove a hook if it has been swallowed, or chew bones are used to gag open a sea turtle’s NMFS and in accordance with the onboard if it is determined that removal would result mouth. Required canine chews must be handling and resuscitation requirements in further injury. If the hook cannot be constructed of durable nylon, zylene resin, or specified in § 223.206(d)(1)of this title. removed and/or if the animal is entangled, as much line as possible must be removed prior thermoplastic polymer, and strong enough to 1. Boated turtles. When practicable, active to release, using a line cutter as specified in withstand biting without splintering. To and comatose sea turtles must be brought on paragraph A.1. of this Appendix F. If the accommodate a variety of turtle beak sizes, a board, with a minimum of injury, using a hook can be removed, it must be removed set must include one large (51⁄2–8 inches dipnet as specified in paragraph A.5. of this using a long-handled dehooker as specified (13.97 cm–20.32 cm) in length), and one Appendix F. All turtles less than 3 ft (.91 m) in paragraphs A.2. and A.3. of this Appendix small (31⁄2–41⁄2 inches (8.89 cm–11.43 cm) in carapace length should be boated, if sea F. Without causing further injury, as much length) canine chew bones. conditions permit. gear as possible must be removed from the (d) A set of two rope loops covered with (a) A boated turtle should be placed on a turtle prior to its release. Refer to the careful protective tubing. A set of two pieces of poly cushioned/support device, as specified in release protocols and handling/release braid rope covered with light duty garden paragraph A.6. of this Appendix F, in an guidelines required in § 622.10(c)(1), and the hose or similar flexible tubing each tied or upright orientation to immobilize it and handling and resuscitation requirements spliced into a loop to provide a one-handed facilitate gear removal. Then, it should be specified in § 223.206(d)(1) for additional method for keeping the turtle’s mouth open determined if the hook can be removed information. during hook and/or line removal. A required without causing further injury. All externally (b) [Reserved] set consists of two 3-ft (0.91 m) lengths of embedded hooks should be removed, unless ■ poly braid rope (3⁄8-inch (9.52 mm) diameter hook removal would result in further injury 4. Effective April 17, 2013 through suggested), each covered with an 8-inch to the turtle. No attempt to remove a hook September 23, 2013, definitions for ‘‘Off (20.32 cm) section of 1⁄2 inch (1.27 cm) or 3⁄4 should be made if it has been swallowed and Alabama’’, ‘‘Off Louisiana’’, and ‘‘Off

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Mississippi’’ are added to § 622.2 to (3) After closure of the recreational ■ 8. Effective April 17, 2013 through read as follows: quota for red snapper. The bag and May 6, 2013, § 622.193(n)(1) is possession limit for red snapper in or suspended, and § 622.193(n)(3) is added § 622.2 Definitions and acronyms. from the Gulf EEZ is zero. to read as follows: * * * * * * * * * * Off Alabama means the waters in the § 622.193 Annual catch limits (ACLs), ■ 7. Effective April 17, 2013 through Gulf west of a rhumb line at 87°31.1′ W. annual catch targets (ACTs), and May 15, 2013, § 622.41(b) is suspended, long., which is a line directly south accountability measures (AMs). and § 622.41(q) is added to read as from the Alabama/Florida boundary, to * * * * * follows: a rhumb line at 88°23.1′ W. long., which (n) * * * is a line directly south from the § 622.41 Annual catch limits (ACLs), (3) Commercial sector—(i) If Mississippi/Alabama boundary. annual catch targets (ACTs), and commercial landings for yellowtail * * * * * accountability measures (AMs). snapper, as estimated by the SRD, reach Off Louisiana means the waters in the * * * * * or are projected to reach the commercial Gulf west of a rhumb line at 89°10.0′ W. (q) Gray triggerfish—(1) Commercial ACL of 1,596,510 lb (724,165 kg), round long., which is a line extending directly sector. If commercial landings, as weight, the AA will file a notification south from South Pass Light, to a rhumb estimated by the SRD, reach or are with the Office of the Federal Register line beginning at 29°32.1′ N. lat., projected to reach the applicable quota to close the commercial sector for the 93°47.7′ W. long. and extending to specified in § 622.39(a)(1)(vi), the AA remainder of the fishing year. On and 26°11.4′ N. lat., 92°53.0′ W. long., which will file a notification with the Office of after the effective date of such a line is an extension of the boundary the Federal Register to close the notification, all sale or purchase of between Louisiana and Texas. commercial sector for the remainder of yellowtail snapper is prohibited and the fishing year. In addition, if despite harvest or possession of this species in * * * * * such closure, commercial landings Off Mississippi means the waters in or from the South Atlantic EEZ is ° ′ exceed the applicable annual catch limit limited to the bag and possession limit. the Gulf west of a rhumb line at 88 23.1 (ACL), the AA will file a notification W. long., which is a line directly south This bag and possession limit applies in with the Office of the Federal Register, the South Atlantic on board a vessel for from the Mississippi/Alabama at or near the beginning of the following boundary, to a rhumb line at 89°10.0′ W. which a valid Federal commercial or fishing year, to reduce the quota for that charter vessel/headboat permit for long., which is a line extending directly following year by the amount the prior- south from South Pass Light. South Atlantic snapper-grouper has year ACL was exceeded. The been issued, without regard to where * * * * * commercial ACL for 2010 and ■ such species were harvested, i.e., in 5. Effective April 17, 2013 through subsequent fishing years is 138,000 lb state or Federal waters. May 15, 2013, § 622.39(a)(1)(vi) is (62,596 kg). suspended, and § 622.39(a)(1)(vii) is (2) Recreational sector. If recreational (ii) If commercial landings exceed the added to read as follows: landings, as estimated by the SRD, ACL, and yellowtail snapper is exceed the ACL, the AA will file a overfished, based on the most recent § 622.39 Quotas. notification with the Office of the Status of U.S. Fisheries Report to * * * * * Federal Register reducing the length of Congress, the AA will file a notification (a) * * * the following recreational fishing season with the Office of the Federal Register, (1) * * * by the amount necessary to ensure at or near the beginning of the following (vii) Gray triggerfish—60,900 lb recreational landings do not exceed the fishing year to reduce the ACL for that (27,624 kg), round weight. recreational target catch for that following year by the amount of the * * * * * following fishing year. The recreational overage in the prior fishing year. ■ 6. Effective April 17, 2013 through ACL for 2010 and subsequent fishing * * * * * years is 457,000 lb (207,291 kg). The September 23, 2013, § 622.39(c)(1) is PART 640—[REMOVED] suspended, and § 622.39(c)(3) is added recreational ACT for 2010 and to read as follows: subsequent fishing years is 405,000 lb (183,705 kg). Recreational landings will ■ 9. Under the authority of 16 U.S.C. § 622.39 Quotas. be evaluated relative to the ACL based 1801 et seq., part 640 is removed. * * * * * on a moving multi-year average of [FR Doc. 2013–08127 Filed 4–16–13; 8:45 am] (c) * * * landings, as described in the FMP. BILLING CODE 3510–22–P

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