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§ 697.1 50 CFR Ch. VI (10–1–13 Edition)

697.24 Exempted waters for Maine State Atlantic means members of American permits. stocks or populations of the species 697.25 Adjustment to management meas- oxyrhynchus. ures. Berried female means a female Amer- 697.26 EEZ Nearshore Management Area 5 ican lobster bearing eggs attached to Trap Waiver. the abdominal appendages. TABLE 1 TO PART 697—AREA 3 TRAP REDUC- Block Island Southeast Light means TION SCHEDULE the aid to navigation light located at AUTHORITY: 16 U.S.C. 5101 et seq. Southeast Point, Block Island, RI, and ° ′ SOURCE: 64 FR 68248, Dec. 6, 1999, unless defined as follows: Located at 40 09.2 otherwise noted. N. lat., 71°33.1′ W. long; is 201 ft (61.3 m) above the water; and is shown from a Subpart A—General Provisions brick octagonal tower 67 ft (20.4 m) high attached to a dwelling on the § 697.1 Purpose and scope. southeast point of Block Island, RI. BRD means bycatch reduction device. The regulations in this part are Carapace length is the straight line issued under the authority of section measurement from the rear of the eye 804(b) of the Atlantic Coastal socket parallel to the center line of the Cooperative Management Act, 16 U.S.C. carapace to the posterior edge of the 5101 et seq., and section 6 of the Atlan- carapace. The carapace is the tic Striped Bass Conservation Act Ap- unsegmented body shell of the Amer- propriations Authorization, 16 U.S.C. ican lobster. 1851 note, and govern fishing in the Certified BRD means any BRD, as de- EEZ on the Atlantic for species fined in part 622, Appendix D of this covered by those acts. chapter: Specifications for Certified BRDs. § 697.2 Definitions. Charter or head boat means any vessel (a) In addition to the definitions in carrying fishing persons or parties for the Magnuson-Stevens Act and in a per capita fee, for a charter fee, or §§ 600.10 and 648.2 of this chapter, for any other type of fee. the purposes of this part, the following Commercial dive vessel means any ves- terms have the following meanings: sel carrying divers for a per capita fee, or lobster means a charter fee, or any other type of fee. Homarus americanus. Commercial purposes means for the Approved TED means any approved purpose of selling, trading, transfer- TED as defined at § 217.12 of this title. ring, or bartering all or part of the Atlantic Coastal Act means the Atlan- harvested. tic Coastal Fisheries Cooperative Man- Commission means the Atlantic agement Act, as amended (16 U.S.C. States Marine Fisheries Commission 5101 et seq.). established under the interstate com- Atlantic red drum, also called redfish, pact consented to and approved by Con- means Sciaenops ocellatus, or a part gress in Pub. L. 77–539 and Pub. L. 81– thereof, found in the waters of the At- 721. lantic Ocean off the Atlantic coastal Conservation equivalency means a states, to the outer boundary of the measure adopted by a state that differs EEZ, as specified in § 600.10 of this from the specific requirements of an chapter, from the boundary of the interstate management plan, United States and Canada, to the but achieves the same level of con- boundary between the South Atlantic servation for the resource under man- Fishery Management Council and the agement. Fishery Management Continuous transit means that a ves- Council, as specified in § 600.105(c) of sel does not have fishing gear in the this chapter. water and remains continuously under- Atlantic striped bass means members way. of stocks or populations of the species CPH means Confirmation of Permit Morone saxatilis found in the waters of History. the north of Key West, trawl means any trawl net that FL. is rigged for fishing and has a mesh size

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of 3.0 inches (7.62 cm), as measured be- time if the trap has been abandoned or tween the centers of opposite knots lost. when pulled taut. Horseshoe crab means members of Cull American lobster means a whole stocks or populations of the species American lobster that is missing one Limulus polyphemus. or both claws. ISFMP means the Commission’s Dealer means any person who re- Interstate Fishery Management Plan ceives, for a commercial purpose (other for American Lobster, as amended. than solely for transport on land), any Land means to begin offloading fish, species of fish, the harvest of which is to offload fish, or to enter port with managed by this part, from the owner fish. or operator of a vessel issued a valid Lobster day-at-sea with respect to the permit under this part, or any person American lobster fishery means each who receives, for a commercial purpose 24-hour period of time during which a (other than solely for transport on fishing vessel is absent from port in land), any species of fish managed which the vessel intends to fish for, under this part. possess, or land, or for, pos- De minimis state means any state sesses, or lands American lobster. where the landings are so low that the Lobster permit means a Federal lim- Commission’s Fisheries Management ited access American lobster permit. Board has exempted that state from Lobster trap means any structure or some of its regulatory responsibilities other device, other than a net, that is under an Interstate Fishery Manage- placed, or designed to be placed, on the ment Plan. ocean bottom and is designed for or is Director means the Director of the Of- capable of, catching . Red crab fice of Sustainable Fisheries, 1315 East- fishing gear, fished deeper than 200 West Highway, Silver Spring, MD 20910. fathoms (365.8 m), and fishing gear Dredge means a gear consisting of a fished by a vessel not issued a limited mouth frame attached to a holding bag access lobster permit under § 697.4(a), constructed of metal rings or mesh. are gear deemed not to be lobster traps Egg Production Rebuilding Schedule for the purpose of this part, and are not means the schedule identified in sec- subject to the provisions of this part. tion 2.5 of Amendment 3 to the Com- Lobster trap trawl means 2 or more mission’s ISFMP. lobster traps, all attached to a single Escape vent means an opening in a ground line. lobster trap designed to allow lobster Management area means each of the smaller than the legal minimum size to geographical areas identified in this escape from the trap. part for management purposes under Fishing trip or trip means a period of the lobster ISFMP. time during which fishing is conducted, Montauk light means the aid to navi- beginning when the vessel leaves port gation light located at Montauk Point, and ending when the vessel returns to NY, and defined as follows: Located at port. 41°04.3′ N. lat., 71°51.5′ W. long.; is Fishing means, for the American shown from an octagonal, pyramidal lobster fishery, from May 1 through tower, 108 ft (32.9 m) high; and has a April 30 of the following year. covered way to a dwelling. Flynet means any trawl net, except Natural means any trawl nets containing certified Atlantic sturgeon that is not the result BRDs and approved TEDs, when re- of a commercial operation, quired under § 227.72(e)(2) of this title, and includes any naturally occurring and except trawl nets that comply with Atlantic sturgeon (those Atlantic stur- the gear restrictions specified at geon naturally spawned and grown in § 648.104 of this chapter for the summer rivers and ocean waters of the Atlantic fishery and contain an ap- Coast). proved TED, when required under One-quarter-inch (1⁄4-inch) v-shaped § 227.72 (e)(2) of this title. notch means a straight-sided triangular Ghost panel means a panel, or other cut, without setal hairs, at least 1⁄4 mechanism, designed to allow for the inch (0.64 cm) in depth and tapering to escapement of lobster after a period of a point.

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Parts thereof means any part of an Standard V-shaped notch means a American lobster. A part of a lobster notch or indentation in the base of the counts as one lobster. flipper that is at least as deep as 1⁄8 Point Judith Light means the aid to inch (0.32 cm), with or without setal navigation light located at Point Ju- hairs. dith, RI, and defined as follows: Lo- Stocked Atlantic sturgeon means any cated at 41°21.7′ N. lat., 71°28.9′ W. long.; Atlantic sturgeon cultured in a hatch- is 65 ft (19.8 m) above the water; and is ery that is placed in rivers and ocean shown from an octagonal tower 51 ft waters of the Atlantic Coast to en- (15.5 m) high. hance the Atlantic sturgeon spawning Qualifying year means any calendar stocks. year during the period from March 25, TED means Turtle Excluder Device, 1991, through September 1, 1999, exclud- which is a device designed to be in- ing the time periods in calendar stalled in a trawl net forward of the 1991 and 1999 that are outside the quali- codend for the purpose of excluding sea fication period (i.e., January 1, 1991 turtles from the net. through March 24, 1991, and September Trawl means a cone or funnel-shaped 2, 1999, through December 31, 1999), and net that is towed through the water, refers to the specific year selected by and can include a pair trawl that is the applicant for the purposes of quali- towed simultaneously by two boats. fying for access to the lobster trap fish- V-notched American lobster means any ery in Areas 3, 4 and/or 5 under the re- female American lobster bearing a V- quirements set forth in 697.4(a)(7)(vi-x). shaped notch in the flipper next to and to the right of the center flipper as Recreational fishing means fishing viewed from the rear of the lobster (un- that is not intended to, nor results in derside of the lobster down and tail to- the barter, trade, or sale of fish. ward the viewer), or any female Amer- Recreational fishing vessel means any ican lobster that is mutilated in a vessel from which no fishing other than manner that could hide or obliterate recreational fishing is conducted. Char- such a mark. ter and head boats and commercial Weakfish means members of the stock dive vessels are not considered rec- or population of the species Cynoscion reational fishing vessels. regalis, found along the Atlantic Coast Regional Administrator, means Re- from southern to Massachu- gional Administrator, Northeast Re- setts Bay. gion, NMFS, or Regional Adminis- Whole American lobster means a lob- trator, Southeast Region, NMFS, ster with an intact and measurable whichever has the applicable jurisdic- body (tail and carapace). An American tion, or a respective designee. lobster with an intact and measurable Retain means to fail to return any body that is missing one or both claws, species specified under § 697.7 of this i.e., a cull lobster, is considered to be a chapter to the sea immediately after whole American lobster. the hook has been removed or after the Zero tolerance V-shaped notch means a species has otherwise been released v-shaped notch of any size, with or from the capture gear. without straight sides, with or without Sea sampler/observer means any person setal hairs. required or authorized to be carried on (b) [Reserved] a vessel for conservation and manage- ment purposes by regulations or per- [64 FR 68248, Dec. 6, 1999, as amended at 66 FR 8911, Feb. 5, 2001; 66 FR 14501, Mar. 13, mits. 2001; 68 FR 14925, Mar. 27, 2003; 68 FR 56790, Shrimp trawl net means any trawl net Oct. 2, 2003; 71 FR 13037, Mar. 14, 2006; 73 FR that is rigged for fishing and has a 58061, Oct. 6, 2008; 74 FR 37549, July 29, 2009] mesh size less than 2.50 inches (6.35 cm), as measured between the centers § 697.3 Relation to other Federal and of opposite knots when pulled taut, and state laws. each try net, as defined in § 622.2 of this (a) The provisions of sections 307 chapter, that is rigged for fishing and through 311 of the Magnuson-Stevens has a headrope length longer than 16 ft Act, as amended, regarding prohibited (4.9 m). acts, civil penalties, criminal offenses,

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