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(11) Falsify information submitted D. Prohibited sharks: under § 635.16(d)(2) or (d)(4) in support Atlantic angel, Squatina dumerili of an application for an ILAP or an ap- Basking, Cetorhinus maximus peal of NMFS’s denial of an initial lim- Bigeye sand tiger, Odontaspis noronhai ited access permit for swordfish. Bigeye sixgill, Hexanchus vitulus (12) Falsify information submitted Bigeye thresher, Alopias superciliosus Bignose, Carcharhinus altimus under § 635.46(b) in support of entry of Caribbean reef, Carcharhinus perezi imported swordfish. Caribbean sharpnose, Rhizoprionodon porosus (13) Exceed the incidental catch re- Dusky, Carcharhinus obscurus tention limits specified at § 635.24(b). Galapagos, Carcharhinus galapagensis (14) Exceed the recreational catch Longfin mako, Isurus paucus Narrowtooth, Carcharhinus brachyurus limit for North Atlantic swordfish, as Night, Carcharhinus signatus specified in § 635.22(f). Sand tiger, Odontaspis taurus (15) As an angler, fail to report a Sevengill, Heptranchias perlo North Atlantic swordfish, as specified Sixgill, Hexanchus griseus in § 635.5(c)(2) or (3). Smalltail, Carcharhinus porosus Whale, Rhincodon typus [64 FR 29135, May 28, 1999, as amended at 64 White, Carcharodon carcharias FR 37705, July 13, 1999; 65 FR 42887, July 12, 2000; 65 FR 47238, Aug. 1, 2000; 66 FR 17373, TABLE 2 OF APPENDIX A TO PART 635– Mar. 30, 2001; 66 FR 30653, June 7, 2001; 66 FR DEEPWATER/OTHER SHARK SPECIES 42805, Aug. 15, 2001; 67 FR 6201, Feb. 11, 2002; Blotched catshark, Scyliorhinus meadi 67 FR 45401, July 9, 2002; 67 FR 47469, July 19, Broadgill catshark, Apristurus riveri 2002; 67 FR 70027, Nov. 20, 2002; 67 FR 77439, Chain dogfish, Scyliorhinus retifer Dec. 18, 2002; 68 FR 715, Jan. 7, 2003] Deepwater catshark, Apristurus profundorum Dwarf catshark, Scyliorhinus torrei APPENDIX A TO PART 635—SPECIES Iceland catshark, Apristurus laurussoni TABLES Marbled catshark, Galeus arae Smallfin catshark, Apristurus parvipinnis TABLE 1 OF APPENDIX A TO PART 635–OCEANIC Bigtooth cookiecutter, Isistius plutodus SHARKS Blainville’s dogfish, Squalus blainvillei Bramble shark, Echinorhinus brucus A. Large coastal sharks: Broadband dogfish, Etmopterus gracilispinnis Caribbean lanternshark, Etmopterus hillianus 1. Ridgeback sharks: Cookiecutter shark, Isistius brasiliensis Sandbar, Carcharhinus plumbeus Cuban dogfish, Squalus cubensis Flatnose gulper shark, Deania profundorum Silky, Carcharhinus falciformis Fringefin lanternshark, Etmopterus schultzi Tiger, Galeocerdo cuvieri Great lanternshark, Etmopterus princeps 2. Non-ridgeback sharks: Green lanternshark, Etmopterus virens Greenland shark, Somniosus microcephalus Blacktip, Carcharhinus limbatus Gulper shark, Centrophorus granulosus Bull, Carcharhinus leucas Japanese gulper shark, Centrophorus acuus Great hammerhead, Sphyrna mokarran Kitefin shark, Dalatias licha Lemon, Negaprion brevirostris Lined lanternshark, Etmopterus bullisi Nurse, Ginglymostoma cirratum Little gulper shark, Centrophorus uyato Portuguese shark, Cetroscymnus coelolepis Scalloped hammerhead, Sphyrna lewini Pygmy shark, Squaliolus laticaudus Smooth hammerhead, Sphyrna zygaena Roughskin spiny dogfish, Squalus asper Spinner, Carcharhinus brevipinna Smallmouth velvet dogfish, Scymnodon obscurus B. Small coastal sharks: Smooth lanternshark, Etmopterus pusillus Atlantic sharpnose, Rhizoprionodon American sawshark, Pristiophorus schroederi terraenovae Florida smoothhound, Mustelus norrisi Blacknose, Carcharhinus acronotus Smooth dogfish, Mustelus canis Bonnethead, Sphyrna tiburo Finetooth, Carcharhinus isodon PART 640—SPINY LOBSTER FISHERY C. Pelagic sharks: OF THE GULF OF MEXICO AND SOUTH ATLANTIC Blue, Prionace glauca Oceanic whitetip, Carcharhinus longimanus Subpart A—General Provisions Porbeagle, Lamna nasus Shortfin mako, Isurus oxyrinchus Sec. Thresher, Alopias vulpinus. 640.1 Purpose and scope.

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640.2 Definitions. webbing. The webbing is usually held 640.3 Relation to other laws. up by means of a cord which is released 640.4 Permits and fees. when the net is dropped over a lobster. 640.5 Recordkeeping and reporting. [Re- served] Carapace length means the measure- 640.6 Vessel and gear identification. ment of the carapace (head, body, or 640.7 Prohibitions. front section) of a spiny lobster from 640.8 Facilitation of enforcement. the anteriormost edge (front) of the 640.9 Penalties. groove between the horns directly above the eyes, along the middorsal Subpart B—Management Measures line (middle of the back), to the rear 640.20 Seasons. edge of the top part of the carapace, ex- 640.21 Harvest limitations. cluding any translucent membrane. 640.22 Gear and diving restrictions. Commercial fishing means any fishing 640.23 Bag/possession limits. or fishing activities which result in the 640.24 Authorized activities. harvest of any marine or freshwater or- 640.25 Adjustment of management meas- ures. ganisms, one or more of which (or parts 640.26 Tortugas marine reserves. thereof) is sold, traded, or bartered. FIGURE 1 TO PART 640 Hoop net means a frame, circular or otherwise, supporting a shallow bag of AUTHORITY: 16 U.S.C. 1801 et seq. webbing and suspended by a line and bridles. The net is baited and lowered Subpart A—General Provisions to the ocean bottom, to be raised rap- idly at a later time to prevent the es- § 640.1 Purpose and scope. cape of lobster. (a) The purpose of this part is to im- Live well means a shaded container plement the Fishery Management Plan used for holding live lobsters aboard a for the Spiny Lobster Fishery of the vessel in which aerated seawater is Gulf of Mexico and South Atlantic pre- continuously circulated from the sea. pared by the South Atlantic and Gulf Circulation of seawater at a rate that of Mexico Fishery Management Coun- replaces the water at least every 8 min- cils under the Magnuson Act. utes meets the requirement for aer- (b) This part governs conservation ation. and management of spiny lobster and Off Florida means the area from the slipper (Spanish) lobster in the EEZ in Florida coast to the outer limit of the the Atlantic Ocean and Gulf of Mexico EEZ between the Georgia/Florida off the Atlantic and Gulf of Mexico boundary (30°42′45.6″N. latitude) and states from the Virginia/North Caro- the Alabama/Florida boundary lina border south and through the Gulf (87°31′06″W. longitude). of Mexico. Off the Gulf states, other than Florida (c) An owner or operator of a vessel means the area from the coast to the that has legally harvested spiny lob- outer limit of the EEZ between the sters in the waters of a foreign nation Texas/Mexico border to the Alabama/ and possesses spiny lobsters, or sepa- Florida boundary (87°31′06″ W. long.). rated tails, in the EEZ incidental to Off Monroe County, Florida means the such foreign harvesting is exempt from area from the Florida coast to the the requirements of this part 640, pro- outer limit of the EEZ between a line vided proof of lawful harvest in the wa- extending directly east from the Dade/ ters of a foreign nation accompanies Monroe County, Florida boundary such lobsters or tails. (25°20.4′N. latitude) and a line extend- [57 FR 56518, Nov. 30, 1992] ing directly west from the Monroe/Col- lier County, Florida boundary § 640.2 Definitions. (25°48.0′N. latitude). In addition to the definitions in the Off the southern Atlantic states, other Magnuson Act and in § 620.2 of this than Florida means the area from the chapter, the terms used in this part coast to the outer limit of the EEZ be- have the following meanings: tween the Virginia/North Carolina Bully net means a circular frame at- boundary (36°34′55″ N. lat.) to the Geor- tached at right angles to the end of a gia/Florida boundary (30°42′45.6″ N. pole and supporting a conical bag of lat.).

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Recreational fishing means fishing or a person to be exempt from the daily fishing activities which result in the bag and possession limit specified in harvest of fish, none of which (or parts § 640.23(b)(1) for such spiny lobster, such thereof) is sold, traded, or bartered. person must have the licenses and cer- Regional Director means the Director, tificates specified to be a ‘‘commercial Southeast Region, NMFS, 9721 Execu- harvester,’’ as defined in Rule 46– tive Center Drive N., St. Petersburg, 24.002(2), Florida Administrative Code, FL 33702, telephone 813–570–5301; or a in effect as of June 1, 1994. This incor- designee. poration by reference was approved by Slipper (Spanish) lobster means the the Director of the Office of the Fed- species Scyllarides nodifer. eral Register in accordance with 5 Spiny lobster means the species U.S.C. 552(a) and 1 CFR part 51. Copies Panulirus argus. may be obtained from the Florida Ma- Tail length means the lengthwise rine Fisheries Commission, 2540 Execu- measurement of the entire tail (seg- tive Center Circle West, Suite 106, Tal- mented portion), not including any lahassee, FL 32301; telephone: 904–487– protruding muscle tissue, of a spiny 0554. Copies may be inspected at the Of- lobster along the top middorsal line fice of the Regional Director; the Office (middle of the back) to the rearmost of Fisheries Conservation and Manage- extremity. The measurement is made ment, NMFS, 1315 East-West Highway, with the tail in a flat, straight position Silver Spring, MD; or the Office of the with the tip of the tail closed. Federal Register, 800 North Capitol Trip means a fishing trip, regardless Street NW, Suite 700, Washington, DC. of number of days’ duration, that be- (ii) EEZ other than off Florida. For a gins with departure from a dock, berth, person to sell, trade, or barter, or at- beach, seawall, or ramp and that termi- tempt to sell, trade, or barter, a spiny nates with return to a dock, berth, lobster harvested in the EEZ other beach, seawall, or ramp. than off Florida or for a person to be [47 FR 29203, July 2, 1982, as amended at 52 exempt from the daily bag and posses- FR 22659, June 15, 1987; 53 FR 17196, May 16, sion limit specified in § 640.23(b)(1) for 1988; 53 FR 24655, June 29, 1988; 53 FR 38294, such spiny lobster, a Federal vessel Sept. 30, 1988; 55 FR 26448, June 28, 1990; 57 FR permit must be issued to the har- 56518, Nov. 30, 1992; 58 FR 38979, July 21, 1993; vesting vessel and must be on board. 59 FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, However, see paragraph (a)(1)(i) of this 1995] section for the licenses and certificates required for a person to possess or land § 640.3 Relation to other laws. spiny lobster harvested in the EEZ (a) The relation of this part to other other than off Florida and subse- laws is set forth in § 620.3 of this chap- quently possessed in the EEZ off Flor- ter and paragraph (b) of this section. ida or landed from a fishing vessel in (b) The regulations in this part apply Florida. within the boundaries of any national (2) Tail-separation permits. For a per- park, monument, or marine sanctuary son to possess aboard a fishing vessel a in the Gulf of Mexico and South Atlan- separated spiny lobster tail in or from tic EEZ. the EEZ, a tail-separation permit must [47 FR 29203, July 2, 1982, as amended at 52 be issued to the vessel and must be on FR 22659, June 15, 1987; 53 FR 24655, June 29, board. 1988] (3) Corporation/partnership-owned ves- sels. For a vessel owned by a corpora- § 640.4 Permits and fees. tion or partnership to be eligible for a (a) Applicability—(1) Licenses, certifi- Federal vessel permit specified in para- cates, and permits—(i) EEZ off Florida graph (a)(1)(ii) of this section, the and spiny lobster landed in Florida. For earned income qualification specified a person to sell, trade, or barter, or at- in paragraph (b)(2)(vi) of this section tempt to sell, trade, or barter, a spiny must be met by, and the statement re- lobster harvested or possessed in the quired by that paragraph must be sub- EEZ off Florida, or harvested in the mitted by, an officer or shareholder of EEZ other than off Florida and landed the corporation, a general partner of from a fishing vessel in Florida, or for the partnership, or the vessel operator.

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(4) Operator-qualified permits. A vessel (viii) If a tail-separation permit is de- permit issued upon the qualification of sired, a sworn statement by the appli- an operator is valid only when that cant certifying that his or her fishing person is the operator of the vessel. activity— (b) Applications for permits. (1) An ap- (A) Is routinely conducted in the EEZ plication for a Federal vessel and/or on trips of 48 hours or more; and tail-separation permit must be sub- (B) Necessitates the separation of mitted and signed by the owner (in the carapace and tail to maintain a quality case of a corporation, a qualifying offi- product. cer or shareholder; in the case of a (ix) Any other information that may partnership, a qualifying general part- be necessary for the issuance or admin- ner) or operator of the vessel. The ap- istration of the permit, as requested by plication must be submitted to the Re- the Regional Director and included on gional Director at least 30 days prior to the application form. the date on which the applicant desires (3) The Regional Director may re- to have the permit made effective. quire the applicant to provide docu- (2) An applicant must provide the fol- mentation supporting the sworn state- lowing information: ment under paragraph (b)(2)(vi) of this (i) A copy of the vessel’s U.S. Coast section before a permit is issued or to Guard certificate of documentation or, substantiate why such permit should not be revoked or otherwise sanctioned if not documented, a copy of its state under paragraph (h) of this section. registration certificate. Such required documentation may in- (ii) The vessel’s name and official clude copies of appropriate forms and number. schedules from the applicant’s income (iii) Name, mailing address including tax return. Copies of income tax forms zip code, telephone number, social se- and schedules are treated as confiden- curity number, and date of birth of the tial. owner (if the owner is a corporation/ (c) Change in application information. partnership, in lieu of the social secu- The owner or operator of a vessel with rity number, provide the employer a permit must notify the Regional Di- identification number, if one has been rector within 30 days after any change assigned by the Internal Revenue Serv- in the application information speci- ice, and, in lieu of the date of birth, fied in paragraph (b) of this section. provide the date the corporation/part- The permit is void if any change in the nership was formed). information is not reported within 30 (iv) If the owner does not meet the days. earned income qualification specified (d) Fees. A fee is charged for each per- in paragraph (b)(2)(vi) of this section mit application submitted under para- and the operator does meet that quali- graph (b) of this section. The amount fication, the name, mailing address in- of the fee is calculated in accordance cluding zip code, telephone number, so- with the procedures of the NOAA Fi- cial security number, and date of birth nance Handbook for determining the of the operator. administrative costs of each special (v) Information concerning vessel, product or service. The fee may not ex- gear used, fishing areas, and fisheries ceed such costs and is specified with vessel is used in, as requested by the each application form. The appropriate Regional Director and included on the fee must accompany each application. application form. (e) Issuance. (1) The Regional Direc- (vi) A sworn statement by the appli- tor will issue a permit at any time to cant for a vessel permit certifying that an applicant if the application is com- at least 10 percent of his or her earned plete and the applicant meets the income was derived from commercial earned income requirement specified in fishing, that is, sale of the catch, dur- paragraph (b)(2)(vi) of this section. An ing the calendar year preceding the ap- application is complete when all re- plication. quested forms, information, and docu- (vii) Documentation supporting the mentation have been received. statement of income, if required under (2) Upon receipt of an incomplete ap- paragraph (b)(3) of this section. plication, the Regional Director will

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notify the applicant of the deficiency. spiny lobsters by traps in Florida’s wa- If the applicant fails to correct the de- ters in sections 370.14(2)(a) and (3) and ficiency within 30 days of the date of 370.142(2)(b), Florida Statutes, in effect the Regional Director’s letter of notifi- as of July 1, 1994, and in Rule 46– cation, the application will be consid- 24.006(3), (4), and (5), Florida Adminis- ered abandoned. trative Code, in effect as of June 1, (f) Duration. A permit remains valid 1994. for the period specified on it unless the (2) An owner or operator of a vessel vessel is sold or the permit is revoked, that is used to harvest spiny lobsters suspended, or modified pursuant to by diving in the EEZ off Florida must subpart D of 15 CFR part 904. comply with the vessel identification (g) Transfer. A permit issued pursu- requirements applicable to the har- ant to this section is not transferable vesting of spiny lobsters by diving in or assignable. A person purchasing a Florida’s waters in Rule 46–24.006(6), permitted vessel who desires to con- Florida Administrative Code, in effect duct activities for which a permit is re- as of June 1, 1994. quired must apply for a permit in ac- (3) The incorporation by reference in cordance with the provisions of para- paragraphs (a)(1) and (a)(2) of this sec- graph (b) of this section. The applica- tion of sections 370.14(2)(a) and (3) and tion must be accompanied by a copy of 370.142(2)(b), Florida Statutes, and Rule a signed bill of sale. 46–24.006(3), (4), (5), and (6), Florida Ad- (h) Display. A permit issued pursuant ministrative Code, was approved by the to this section must be carried on Director of the Office of the Federal board the vessel, and such vessel must Register in accordance with 5 U.S.C. be identified as required by § 640.6. The 552(a) and 1 CFR part 51. Copies may be operator of a vessel must present the obtained from the Florida Marine Fish- permit for inspection upon the request eries Commission, 2540 Executive Cen- of an authorized officer. ter Circle West, Suite 106, Tallahassee, (i) Sanctions and denials. A permit FL 32301; telephone: 904–487–0554. Copies issued pursuant to this section may be may be inspected at the Office of the revoked, suspended, or modified, and a Regional Director; the Office of Fish- permit application may be denied, in eries Conservation and Management, accordance with the procedures gov- NMFS, 1315 East-West Highway, Silver erning enforcement-related permit Spring, MD; or the Office of the Fed- sanctions and denials found at subpart eral Register, 800 North Capitol Street D of 15 CFR part 904. NW, Suite 700, Washington, DC. (j) Alteration. A permit that is al- (b) EEZ other than off Florida. (1) The tered, erased, or mutilated is invalid. owner or operator of a vessel that is (k) Replacement. A replacement per- used to harvest spiny lobsters in the mit may be issued. An application for a EEZ other than off Florida, must meet replacement permit will not be consid- the following vessel and gear identi- ered a new application. A fee, the fication requirements: amount of which is stated with the ap- (i) The vessel’s Florida crawfish li- plication form, must accompany each cense or trap number or, if not licensed request for a replacement permit. by Florida, the vessel’s Federal vessel permit number must be permanently [57 FR 56518, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, and conspicuously displayed hori- 1995] zontally on the uppermost structural portion of the vessel in numbers at § 640.5 Recordkeeping and reporting. least 10 inches (25.4 cm) high so as to be [Reserved] readily identifiable from the air and water; § 640.6 Vessel and gear identification. (ii) If the vessel uses spiny lobster (a) EEZ off Florida. (1) An owner or traps in the EEZ, other than off Flor- operator of a vessel that is used to har- ida— vest spiny lobsters by traps in the EEZ (A) The vessel’s color code, as as- off Florida must comply with the ves- signed by Florida or, if a color code has sel and gear identification require- not been assigned by Florida, as as- ments applicable to the harvesting of signed by the Regional Director, must

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be permanently and conspicuously dis- considered unclaimed or abandoned played above the number specified in property and may be disposed of in any paragraph (b)(1)(i) of this section so as manner considered appropriate by the to be readily identifiable from the air Assistant Administrator or an author- and water, such color code being in the ized officer. An owner of such trap or form of a circle at least 20 inches (50.8 buoy remains subject to appropriate cm) in diameter on a background of civil penalties. colors contrasting to those contained [57 FR 56519, Nov. 30, 1992, as amended at 59 in the assigned color code; FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, (B) A buoy or timed-release buoy of 1995] such strength and buoyancy to float must be attached to each spiny lobster § 640.7 Prohibitions. trap or at each end of a string of traps; In addition to the general prohibi- (C) A buoy used to mark spiny lob- tions specified in § 620.7 of this chapter, ster traps must bear the vessel’s as- it is unlawful for any person to do any signed color code and be of such color, of the following: hue, and brilliancy as to be easily dis- (a) Sell, trade, or barter, or attempt tinguished, seen, and located; to sell, trade, or barter, a spiny lobster (D) A buoy used to mark spiny lob- in or from the EEZ without a required ster traps must bear the vessel’s Flor- license, certificate, or permit, as speci- ida crawfish license or trap number or, fied in § 640.4(a)(1). if not licensed by Florida, the vessel’s (b) Falsify information specified in Federal vessel permit number in num- § 640.4(b)(2) on an application for a per- bers at least 2 inches (5.08 cm) high; mit. and (c) Fail to display a permit, as speci- (E) A spiny lobster trap must bear fied in § 640.4(h). the vessel’s Florida crawfish license or (d) Falsify or fail to display and trap number or, if not licensed by Flor- maintain vessel and gear identifica- ida, the vessel’s Federal vessel permit tion, as required by § 640.6 (a) and (b). number permanently and legibly af- (e) Possess a spiny lobster trap in the fixed. EEZ at a time not authorized, as speci- (2) A spiny lobster trap in the EEZ, fied in § 640.20(b)(3)(i) and (b)(3)(ii). other than off Florida, will be pre- (f) Possess a spiny lobster in or from sumed to be the property of the most the EEZ at a time not authorized, as recently documented owner. Upon the specified in § 640.20(b)(4). sale or transfer of a spiny lobster trap (g) Fail to return immediately to the used in the EEZ, other than off Flor- water a berried spiny lobster or slipper ida, within 5 days of acquiring owner- lobster; strip eggs from or otherwise ship, the person acquiring ownership molest a berried spiny lobster or slip- must notify the Florida Division of per lobster; or possess a spiny lobster Law Enforcement of the Department of or slipper lobster, or part thereof, from Environmental Protection, for a trap which eggs, swimmerettes, or pleopods that bears a Florida crawfish license or have been removed or stripped; as spec- trap number, or the Regional Director, ified in § 640.21(a). for a trap that bears a Federal vessel (h) Possess or fail to return imme- permit number, as to the number of diately to the water unharmed a spiny traps purchased, the vendor, and the lobster smaller than the minimum size crawfish license or trap number, or limits specified in § 640.21 (b)(1) and Federal vessel permit number, cur- (b)(3), except as provided in § 640.21(c). rently displayed on the traps, and must (i) Harvest or attempt to harvest a request issuance of a crawfish license spiny lobster by diving without having or trap number, or Federal vessel per- and using in the water a measuring de- mit, if the acquiring owner does not vice, or fail to release an undersized possess such license or trap number or spiny lobster in the water, as specified permit. in § 640.21(b)(2). (c) Unmarked traps and buoys. An un- (j) Possess an undersized spiny lob- marked spiny lobster trap or buoy in ster for use as an attractant in a trap the EEZ is illegal gear. Such trap or in quantities or under conditions not buoy, and any connecting lines, will be authorized in § 640.21(c).

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(k) Possess a separated spiny lobster § 640.9 Penalties. tail, except as specified in § 640.21(d). See § 620.9 of this chapter. (l) Possess a spiny lobster harvested by prohibited gear or methods; or pos- [53 FR 24656, June 29, 1988] sess on board a fishing vessel any dyna- mite or similar explosive substance; as Subpart B—Management specified in § 640.20(b) and § 640.22 (a)(1) Measures and (a)(3). (m) Use or possess in the EEZ a spiny SOURCE: 57 FR 56520, Nov. 30, 1992, unless lobster trap that does not meet the re- otherwise noted. quirements specified in § 640.22(b)(1). (n) Pull or tend a spiny lobster trap § 640.20 Seasons. other than during daylight hours, as (a) EEZ off the southern Atlantic states, specified in § 640.22(b)(2). other than Florida. In the EEZ off the (o) Pull or tend another person’s southern Atlantic states, other than spiny lobster trap, except as authorized Florida, there are no seasonal restric- in § 640.22(b)(3). tions on the harvest of spiny lobster or (p) Possess spiny lobsters in or from on the possession of traps. the EEZ in an amount exceeding the (b) EEZ off Florida and off the Gulf daily bag and possession limit specified states, other than Florida—(1) Commercial in § 640.23 (a), (b)(1), or (b)(2) except as and recreational fishing season. The authorized in § 640.23(b)(3) and (b)(4). commercial and recreational fishing (q) Possess spiny lobsters aboard a season for spiny lobster in the EEZ off vessel that uses or has on board a net Florida and the EEZ off the Gulf or trawl in an amount exceeding the states, other than Florida, begins on limits, as specified in § 640.23(b)(4). August 6 and ends on March 31. (2) Special recreational fishing sea- (r) Operate a vessel that fishes for or sons—(i) EEZ off Florida. There is a 2- possesses spiny lobster in or from the day special recreational fishing season EEZ with spiny lobster aboard in an in the EEZ off Florida on the last amount exceeding the cumulative bag Wednesday and successive Thursday of and possession limit, as specified in July each year during which fishing for § 640.23(d). spiny lobster is limited to diving or use (s) Transfer or receive at sea spiny of a bully net or hoop net. (See lobster in or from the EEZ caught § 640.22(a) for general prohibitions on under the bag and possession limits, as gear and methods.) In the EEZ off Mon- specified in § 640.23(e). roe County, Florida, no person may (t) Interfere with, obstruct, delay, or harvest spiny lobster by diving at prevent by any means an investigation, night, that is, from 1 hour after official search, seizure, or disposition of seized sunset to 1 hour before official sunrise, property in connection with enforce- during this 2-day special recreational ment of the Magnuson Act. fishing season. (u) Make any false statement, oral or (ii) EEZ off the Gulf states, other than written, to an authorized officer con- Florida. There is a 2-day special rec- cerning the taking, catching, har- reational fishing season in the EEZ off vesting, landing, purchase, sale, posses- the Gulf states, other than Florida, sion, or transfer of a spiny lobster. during the last Saturday and succes- (v) Fish for any species or anchor a sive Sunday of July each year during fishing vessel in a marine reserve as which fishing for spiny lobster may be specified in § 640.26. conducted by authorized gear and methods other than traps. (See [57 FR 56520, Nov 30, 1992, as amended at 58 FR 38979, July 21, 1993; 58 FR 61845, Nov. 23, § 640.22(a) for general prohibitions on 1993; 59 FR 53119, Oct. 21, 1994; 60 FR 41831, gear and methods.) Aug. 14, 1995; 67 FR 47469, July 19, 2002] (3) Possession of traps. (i) In the EEZ off Florida, the rules and regulations § 640.8 Facilitation of enforcement. applicable to the possession of spiny lobster traps in Florida’s waters in See § 620.8 of this chapter. Rule 46–24.005(3), (4), and (5), Florida [53 FR 24656, June 29, 1988] Administrative Code, in effect as of

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June 1, 1994, apply in their entirety to (c) Primacy of seasonal restrictions in the possession of spiny lobster traps in the EEZ off Florida. The seasonal re- the EEZ off Florida. This incorporation strictions applicable in the EEZ off by reference was approved by the Di- Florida apply to all spiny lobsters and rector of the Office of the Federal Reg- traps in the EEZ off Florida, without ister in accordance with 5 U.S.C. 552(a) regard to harvest or use elsewhere, un- and 1 CFR part 51. Copies may be ob- less accompanied by proof of lawful tained from the Florida Marine Fish- harvest elsewhere. eries Commission, 2540 Executive Cen- [60 FR 41831, Aug. 14, 1995] ter Circle West, Suite 106, Tallahassee, FL 32301; telephone: 904–487–0554. Copies § 640.21 Harvest limitations. may be inspected at the Office of the (a) Berried lobsters. A berried (egg- Regional Director; the Office of Fish- bearing) spiny lobster or slipper lobster eries Conservation and Management, in or from the EEZ must be returned NMFS, 1315 East-West Highway, Silver immediately to the water unharmed. If Spring, MD; or the Office of the Fed- found in a trap in the EEZ, a berried eral Register, 800 North Capitol Street spiny lobster or slipper lobster may not NW, Suite 700, Washington, DC. be retained in the trap. A berried spiny (ii) In the EEZ off the Gulf states, lobster or slipper lobster in or from the other than Florida, a spiny lobster trap EEZ may not be stripped of its eggs or may be placed in the water prior to the otherwise molested. The possession of a commercial and recreational fishing spiny lobster or slipper lobster, or part season, which is specified in paragraph thereof, in or from the EEZ from which (b)(1) of this section beginning on Au- eggs, swimmerettes, or pleopods have gust 1 and must be removed from the been removed or stripped is prohibited. water after such season not later than (b) Minimum size limits. (1) Except as April 5. provided in paragraph (c) of this sec- (iii) A spiny lobster trap, buoy, or tion— rope in the EEZ off Florida or in the (i) No person may possess a spiny lob- EEZ off the Gulf states, other than ster in or from the EEZ with a cara- pace length of 3.0 inches (7.62 cm) or Florida, during periods not authorized less; and in paragraphs (b)(3)(i) and (b)(3)(ii) of (ii) A spiny lobster, harvested in the this section will be considered un- EEZ by means other than diving, with claimed or abandoned property and a carapace length of 3.0 inches (7.62 cm) may be disposed of in any manner con- or less must be returned immediately sidered appropriate by the Assistant to the water unharmed. Administrator or an authorized officer. (2) No person may harvest or attempt An owner of such trap, buoy, or rope to harvest a spiny lobster by diving in remains subject to appropriate civil the EEZ unless he or she possesses, penalties. while in the water, a measuring device (4) Possession of spiny lobsters. In the capable of measuring the carapace EEZ off Florida and the Gulf states, a length. A spiny lobster captured by a whole or a part of a spiny lobster sub- diver must be measured in the water ject to these regulations may only be using such measuring device and, if the possessed during the commercial and spiny lobster has a carapace length of recreational fishing season and the spe- 3.0 inches (7.62 cm) or less, it must be cial recreational fishing season speci- released unharmed immediately with- fied in § 640.20, unless accompanied by out removal from the water. proof of lawful harvest in the waters of (3) Aboard a vessel authorized under a foreign nation. Consistent with the paragraph (d) of this section to possess provisions of paragraphs (b)(3)(i) and a separated spiny lobster tail, no per- (ii) of this section, a spiny lobster in a son may possess in or from the EEZ a trap in this area will not be deemed to separated spiny lobster tail with a tail be possessed provided such spiny lob- length less than 5.5 inches (13.97 cm). ster is returned immediately to the (c) Undersized attractants. A live spiny water unharmed when a trap is re- lobster under the minimum size limit moved from the water between March specified in paragraph (b)(1) of this sec- 31 and April 15. tion that is harvested in the EEZ by a

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trap may be retained aboard the har- not possess on board in the EEZ any vesting vessel for future use as an at- dynamite or similar explosive sub- tractant in a trap provided it is held in stance. a live well aboard the vessel. No more (b) Traps. (1) In the EEZ, a spiny lob- than fifty undersized spiny lobsters, or ster trap may be no larger in dimen- one per trap aboard the vessel, which- sion than 3 feet by 2 feet by 2 feet (91.4 ever is greater, may be retained aboard cm by 61.0 cm by 61.0 cm), or the vol- for use as attractants. The live well ume equivalent. A trap constructed of must provide a minimum of 3⁄4 gallons material other than wood must have a (1.7 liters) of seawater per spiny lob- panel constructed of wood, cotton, or ster. An undersized spiny lobster so re- other material that will degrade at the tained must be released to the water same rate as a wooden trap. Such panel alive and unharmed immediately upon must be located in the upper half of the leaving the trap lines and prior to one sides or on top of the trap, so that, hour after official sunset each day. when removed, there will be an opening (d) Tail separation. The possession in the trap no smaller than the diame- aboard a fishing vessel of a separated ter found at the throat or entrance of spiny lobster tail in or from the EEZ is the trap. authorized only when the possession is incidental to fishing exclusively in the (2) A spiny lobster trap in the EEZ EEZ on a trip of 48 hours or more and may be pulled or tended during day- a Federal tail-separation permit speci- light hours only, that is, from 1 hour fied in § 640.4(a)(2) has been issued to before official sunrise to 1 hour after and is on board the vessel. official sunset. (3) A spiny lobster trap in the EEZ [57 FR 56520, Nov. 30, 1992, as amended at 59 may be pulled or tended only by the FR 53119, Oct. 21, 1994] owner’s vessel, or by a vessel for which § 640.22 Gear and diving restrictions. permission to pull or work traps be- longing to another person has been (a) Prohibited gear and methods. (1) A granted— spiny lobster may not be taken in the (i) For traps in the EEZ off Florida, EEZ with a spear, hook, or similar de- by the Florida Division of Law En- vice, or gear containing such devices. forcement, Department of Environ- In the EEZ, the possession of a speared, pierced, or punctured spiny lobster is mental Protection, in accordance with the procedures in Rule 46-24.006(7), prima facie evidence that prohibited gear was used to take such lobster. Florida Administrative Code, in effect Hook, as used in this paragraph (a)(1), as of June 1, 1994. This incorporation does not include a hook in a hook-and- by reference was approved by the Di- line fishery for species other than rector of the Office of the Federal Reg- spiny lobster; and possession of a spiny ister in accordance with 5 U.S.C. 552(a) lobster that has been speared, pierced, and 1 CFR part 51. Copies may be ob- or punctured by such hook is not con- tained from the Florida Marine Fish- sidered evidence that prohibited gear eries Commission, 2540 Executive Cen- was used to take the spiny lobster, pro- ter Circle West, Suite 106, Tallahassee, vided no prohibited gear is on board FL 32301; telephone: 904–487–0554. Copies the vessel. may be inspected at the Office of the (2) A spiny lobster may not be taken Regional Director; the Office of Fish- in a directed fishery by the use of a net eries Conservation and Management, or trawl. See § 640.23(d) for the bycatch NMFS, 1315 East-West Highway, Silver limits applicable to a vessel that uses Spring, MD; or the Office of the Fed- or has on board a net or trawl. eral Register, 800 North Capitol Street (3) Poisons and explosives may not be NW, Suite 700, Washington, DC. used to take a spiny lobster or slipper (ii) For traps in the EEZ, other than lobster in the EEZ. For the purposes of off Florida, by the Regional Director, this paragraph (a)(3), chlorine, bleach, as may be arranged upon written re- and similar substances, which are used quest. to flush a spiny lobster out of rocks or [57 FR 56520, Nov. 30, 1992, as amended at 58 coral, are poisons. A vessel in the spiny FR 38980, July 21, 1993; 60 FR 41831, Aug. 14, lobster or slipper lobster fishery may 1995]

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

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§ 640.24 Authorized activities. dling of undersized lobsters, and changes in minimum size. The Assistant Administrator may au- thorize, for the acquisition of informa- [65 FR 37296, June 14, 2000] tion and date, activities otherwise pro- hibited by the regulations in this part. § 640.26 Tortugas marine reserves. The following activities are prohib- [57 FR 56520, Nov. 30, 1992, as amended at 60 FR 41832, Aug. 14, 1995] ited within the Tortugas marine re- serves: Fishing for any species and an- § 640.25 Adjustment of management choring by fishing vessels. measures. (a) EEZ portion of Tortugas North. The In accordance with the framework area is bounded by rhumb lines con- procedure of the Fishery Management necting the following points: From point A at 24°40′00′ N. lat., 83°06′00′ W. Plan for the Spiny Lobster Fishery of ° ′ ′ the Gulf of Mexico and South Atlantic, long. to point B at 24 46 00 N. lat., 83°06′00′ W. long. to point C at 24°46′00′ the RA may establish or modify the ° ′ ′ following items: definitions of essential N. lat., 83 00 00 W. long.; thence along fish habitat, Essential Fish Habitat- the line denoting the seaward limit of Habitat Areas of Particular Concern, Florida’s waters, as shown on the cur- rent edition of NOAA chart 11438, to Coral-Habitat Areas of Particular Con- ° ′ ′ ° ′ ′ cern, biomass levels, age-structured point A at 24 40 00 N. lat., 83 06 00 W. analyses, limits on the number of traps long. fished by each vessel, construction (b) Tortugas South. The area is bound- characteristics of traps, specification ed by rhumb lines connecting, in order, of gear and vessel identification re- the following points: quirements, specification of allowable Point North lat. West long. or prohibited gear in a directed fishery, specification of bycatch levels in non- A24°33′00′ 83°09′00′ B24°33′00′ 83°05′00′ directed fisheries, changes to soak or C24°18′00′ 83°05′00′ removal periods and requirements for D24°18′00′ 83°09′00′ traps, recreational bag and possession A24°33′00′ 83°09′00′ limits, changes in fishing seasons, limi- tations on use, possession, and han- [67 FR 47469, July 19, 2002]

FIGURE 1 TO PART 640

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

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