622 Current 50cfr622 Regulations

User Manual: 622

Open the PDF directly: View PDF PDF.
Page Count: 356 [warning: Documents this large are best viewed by clicking the View PDF Link!]

1
Updated through January 27, 2016
NOTE: THE FOLLOWING IS AN UNOFFICIAL COMPILATION OF FEDERAL
REGULATIONS PREPARED IN THE SOUTHEAST REGIONAL OFFICE OF THE
NATIONAL MARINE FISHERIES SERVICE FOR THE INFORMATION AND
CONVENIENCE OF INTERESTED PERSONS. IT DOES NOT INCLUDE CHANGES
TO THESE REGULATIONS THAT MAY HAVE OCCURRED AFTER THE DATE
INDICATED ABOVE.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration (NOAA)
National Marine Fisheries Service (NMFS)
50 CFR Part 622
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
TABLE OF CONTENTS
Subpart A--General Provisions.................................. 8
§ 622.1 Purpose and scope. ................................... 8
§ 622.2 Definitions and acronyms ............................ 10
§ 622.3 Relation to other laws and regulations .............. 20
§ 622.4 Permits and fees--general ........................... 21
§ 622.5 Recordkeeping and reporting--general ................ 25
§ 622.6 Vessel identification ............................... 27
§ 622.7 Fishing years ....................................... 28
§ 622.8 Quotas--general ..................................... 29
§ 622.9 Prohibited gear and methods--general ................ 30
§ 622.10 Landing fish intact--general ....................... 31
§ 622.11 Bag and possession limits--general applicability ... 32
§ 622.12 Annual catch limits (ACLs) and accountability measures
(AMs) for Caribbean island management areas/Caribbean EEZ ... 32
§ 622.13 Prohibitions--general .............................. 35
§ 622.14 [Reserved] ......................................... 38
§ 622.15 Notice regarding area closures to protect corals ... 38
§ 622.16 Notice regarding South Atlantic special management
zones (SMZs) ................................................ 38
§ 622.17 Notice regarding seasonal/area closures to protect
Gulf reef fish .............................................. 39
Subpart B--Reef Fish Resources of the Gulf of Mexico.......... 39
§ 622.20 Permits and endorsements ........................... 39
§ 622.21 Individual fishing quota (IFQ) program for Gulf red
snapper. .................................................... 43
§ 622.22 Individual fishing quota (IFQ) program for Gulf
groupers and tilefishes. .................................... 56
§§ 622.23-622.24 [Reserved] ................................. 70
§ 622.25 Exemptions for Gulf groundfish trawling ............ 70
2
§ 622.26 Recordkeeping and reporting ........................ 70
§ 622.27 At-sea observer coverage ........................... 72
§ 622.28 Vessel monitoring systems (VMSs) ................... 73
§ 622.29 Conservation measures for protected resources ...... 76
§ 622.30 Required fishing gear .............................. 77
§ 622.31 Buoy gear identification ........................... 77
§ 622.32 Prohibited gear and methods ........................ 77
§ 622.33 Prohibited species ................................. 78
§ 622.34 Seasonal and area closures designed to protect Gulf
reef fish ................................................... 78
§ 622.35 Gear restricted areas .............................. 81
§ 622.36 Seasonal harvest limitations ....................... 84
§ 622.37 Size limits ........................................ 84
§ 622.38 Bag and possession limits .......................... 85
§ 622.39 Quotas ............................................. 86
§ 622.40 Restrictions on sale/purchase ...................... 89
§ 622.41 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs) ................... 90
§ 622.42 Adjustment of management measures .................. 99
§ 622.43 Commercial trip limits ............................. 99
Subpart C--Shrimp Fishery of the Gulf of Mexico.............. 100
§ 622.50 Permits, permit moratorium, and endorsements ...... 100
§ 622.51 Recordkeeping and reporting ....................... 101
§ 622.52 At-sea observer coverage .......................... 102
§ 622.53 Bycatch reduction device (BRD) requirements ....... 102
§ 622.54 Prohibited gear and methods ....................... 105
§ 622.55 Closed areas ...................................... 106
§ 622.56 Size limits ....................................... 111
§ 622.57 [Removed and Reserved] ............................ 111
§ 622.58 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs) .................. 112
§ 622.59 Prevention of gear conflicts ...................... 112
§ 622.60 Adjustment of management measures ................. 112
Subpart D--Coral and Coral Reefs of the Gulf of Mexico....... 113
§ 622.70 Permits ........................................... 113
§ 622.71 Recordkeeping and reporting ....................... 115
§ 622.72 Prohibited gear and methods ....................... 115
§ 622.73 Prohibited species ................................ 115
§ 622.74 Area closures to protect Gulf corals .............. 115
§ 622.75 Harvest limitations ............................... 118
§ 622.76 Restrictions on sale/purchase ..................... 119
§ 622.77 Adjustment of management measures ................. 119
Subpart E--Red Drum Fishery of the Gulf of Mexico............ 120
§ 622.90 Permits ........................................... 120
§ 622.91 Recordkeeping and reporting ....................... 120
§ 622.92 Prohibited species ................................ 120
§ 622.93 Adjustment of management measures. ................ 120
3
Subparts F-H [Reserved]...................................... 121
Subpart I--Snapper-Grouper Fishery of the South Atlantic Region
............................................................. 121
§ 622.170 Permits and endorsements ......................... 121
§ 622.171 South Atlantic snapper-grouper limited access .... 126
§ 622.172 Wreckfish individual transferable quota (ITQ) system
........................................................... 127
§§ 622.173-622.175 [Reserved] .............................. 130
§ 622.176 Recordkeeping and reporting ...................... 130
§ 622.177 Gear identification .............................. 133
§ 622.178 At-sea observer coverage ......................... 134
§ 622.179 Conservation measures for protected resources .... 135
§ 622.180 Prohibited gear and methods ...................... 136
§ 622.181 Prohibited and limited-harvest species ........... 136
§ 622.182 Gear-restricted areas ............................ 137
§ 622.183 Area and seasonal closures ....................... 143
§ 622.184 Seasonal harvest limitations ..................... 146
§ 622.185 Size limits ...................................... 147
§ 622.186 Landing fish intact .............................. 148
§ 622.187 Bag and possession limits ........................ 148
§ 622.188 Required gear, authorized gear, and unauthorized gear
........................................................... 150
§ 622.189 Restrictions and requirements for sea bass pots .. 152
§ 622.190 Quotas ........................................... 154
§ 622.191 Commercial trip limits ........................... 157
§ 622.192 Restrictions on sale/purchase .................... 159
§ 622.193 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs) .................. 161
§ 622.194 Adjustment of management measures ................ 182
Subpart J--Shrimp Fishery of the South Atlantic Region....... 183
§ 622.200 Permits .......................................... 183
§ 622.201 South Atlantic rock shrimp limited access ........ 184
§ 622.202 [Reserved] ....................................... 185
§ 622.203 Recordkeeping and reporting ...................... 185
§ 622.204 At-sea observer coverage ......................... 185
§ 622.205 Vessel monitoring systems (VMSs) ................. 186
§ 622.206 Area and seasonal closures ....................... 187
§ 622.207 Bycatch Reduction Device (BRD) requirements ...... 188
§ 622.208 Minimum mesh size applicable to rock shrimp off
Georgia and Florida ........................................ 191
§ 622.209 Restrictions on sale/purchase .................... 191
§ 622.210 Adjustment of management measures ................ 192
Subpart K--Coral, Coral Reefs, and Live/Hard Bottom Habitats of
the South Atlantic Region.................................... 192
§ 622.220 Permits .......................................... 192
§ 622.221 Recordkeeping and reporting ...................... 194
§ 622.222 Prohibited gear and methods ...................... 194
4
§ 622.223 Prohibited species ............................... 194
§ 622.224 Area closures to protect South Atlantic corals ... 195
§ 622.225 Harvest limitations .............................. 216
§ 622.226 Restrictions on sale/purchase .................... 217
§ 622.227 Adjustment of management measures ................ 218
Subpart L--Golden Crab Fishery of the South Atlantic Region.. 218
§ 622.240 Permits .......................................... 218
§ 622.241 South Atlantic golden crab controlled access ..... 219
§ 622.242 Recordkeeping and reporting ...................... 221
§ 622.243 Gear identification .............................. 221
§ 622.244 At-sea observer coverage ......................... 221
§ 622.245 Prohibited species ............................... 222
§ 622.246 Area closures .................................... 223
§ 622.247 Landing golden crab intact ....................... 223
§ 622.248 Authorized gear .................................. 223
§ 622.249 Gear restrictions and requirements ............... 223
§ 622.250 Restrictions on sale/purchase .................... 224
§ 622.251 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs) .................. 225
§ 622.252 Adjustment of management measures ................ 225
Subpart M--Dolphin and Wahoo Fishery off the Atlantic States. 225
§ 622.270 Permits .......................................... 225
§ 622.271 Recordkeeping and reporting ...................... 227
§ 622.272 Authorized gear .................................. 229
§ 622.273 Conservation measures for protected species ...... 229
§ 622.274 Pelagic longline closed areas .................... 230
§ 622.275 Size limits ...................................... 230
§ 622.276 Landing fish intact .............................. 231
§ 622.277 Bag and possession limits ........................ 231
§ 622.278 Commercial trip limits ........................... 232
§ 622.279 Restrictions on sale/purchase .................... 232
§ 622.280 Annual catch limits (ACLs) and accountability
measures (AMs) ............................................. 233
§ 622.281 Adjustment of management measures ................ 235
Subpart N--Pelagic Sargassum Habitat of the South Atlantic
Region....................................................... 236
§ 622.300 At-sea observer coverage ......................... 236
§ 622.301 Area and seasonal restrictions ................... 236
§ 622.302 Minimum mesh size ................................ 237
§ 622.303 Quotas ........................................... 237
Subparts O-P [Reserved]...................................... 237
Subpart Q--Coastal Migratory Pelagic Resources (Gulf of Mexico
and South Atlantic).......................................... 237
§ 622.369 Description of zones and subzones. ............... 237
§ 622.370 Permits .......................................... 243
§ 622.371 Limited access system for commercial vessel permits
for king mackerel .......................................... 244
5
§ 622.372 Limited access system for king mackerel gillnet
permits applicable in the southern Florida west coast subzone
........................................................... 245
§ 622.373 Limited access system for charter vessel/headboat
permits for Gulf coastal migratory pelagic fish ............ 246
§ 622.374 Recordkeeping and reporting ...................... 247
§ 622.375 Authorized and unauthorized gear ................. 249
§ 622.376 Gear identification .............................. 251
§ 622.377 Gillnet restrictions ............................. 251
§ 622.378 Seasonal closures of the Gulf group king mackerel
gillnet fishery ............................................ 253
§ 622.379 Purse seine incidental catch allowance ........... 253
§ 622.380 Size limits ...................................... 254
§ 622.381 Landing fish intact .............................. 254
§ 622.382 Bag and possession limits ........................ 255
§ 622.383 Limited harvest species .......................... 255
§ 622.384 Quotas ........................................... 256
§ 622.385 Commercial trip limits ........................... 259
§ 622.386 Restrictions on sale/purchase .................... 262
§ 622.387 [Reserved] ....................................... 264
§ 622.388 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs). ................. 264
All weights ................................................ 264
§ 622.389 Adjustment of management measures ................ 270
Subpart R--Spiny Lobster Fishery of the Gulf of Mexico and South
Atlantic..................................................... 270
§ 622.400 Permits and fees ................................. 270
§ 622.401 Recordkeeping and reporting ...................... 274
§ 622.402 Vessel and gear identification ................... 274
§ 622.403 Seasons .......................................... 275
§ 622.404 Prohibited gear and methods ...................... 277
§ 622.405 Trap construction specifications and tending
restrictions ............................................... 278
§ 622.406 Areas closed to lobster trap gear ................ 278
§ 622.407 Minimum size limits and other harvest limitations 290
§ 622.408 Bag/possession limits ............................ 291
§ 622.409 Spiny lobster import prohibitions ................ 293
§ 622.410 Restrictions within the Tortugas marine reserves . 294
§ 622.411 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs) .................. 294
§ 622.412 Adjustment of management measures ................ 294
§ 622.413 Incorporation by reference ....................... 295
§ 622.414 [Reserved] ....................................... 296
§ 622.415 Limited exemption regarding harvest in waters of a
foreign nation ............................................. 296
§ 622.416 Restrictions on sale/purchase. ................... 297
6
Subpart S--Reef Fish Fishery of Puerto Rico and the U.S. Virgin
Islands...................................................... 297
§ 622.430 Gear identification .............................. 297
§ 622.431 Trap construction specifications and tending
restrictions ............................................... 298
§ 622.432 Anchoring restriction ............................ 298
§ 622.433 Prohibited gear and methods ...................... 299
§ 622.434 Prohibited species ............................... 299
§ 622.435 Seasonal and area closures ....................... 299
§ 622.436 Size limits ...................................... 303
§ 622.437 Bag limits ....................................... 303
§ 622.438 Restrictions on sale/purchase .................... 304
§ 622.439 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs) .................. 304
§ 622.440 Adjustment of management measures ................ 304
Subpart T--Spiny Lobster Fishery of Puerto Rico and the U.S.
Virgin Islands............................................... 304
§ 622.450 Gear identification .............................. 304
§ 622.451 Trap construction specifications and tending
restrictions ............................................... 305
§ 622.452 Prohibited gear and methods ...................... 306
§ 622.453 Prohibition on harvest of egg-bearing spiny lobster
........................................................... 306
§ 622.454 Minimum size limit ............................... 306
§ 622.455 Landing spiny lobster intact ..................... 306
§ 622.456 Bag limits ....................................... 307
§ 622.457 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs) .................. 307
§ 622.458 Caribbean spiny lobster import prohibitions ...... 307
§ 622.459 Adjustment of management measures ................ 308
Subpart U--Corals and Reef Associated Plants and Invertebrates
of Puerto Rico and the U.S. Virgin Islands................... 308
§ 622.470 Permits .......................................... 308
§ 622.471 Prohibited gear and methods ...................... 309
§ 622.472 Prohibited species ............................... 309
§ 622.473 Restrictions on sale/purchase .................... 310
§ 622.474 Adjustment of management measures ................ 310
Subpart V--Queen Conch Resources of Puerto Rico and the U.S.
Virgin Islands............................................... 310
§ 622.490 Prohibited gear and methods ...................... 310
§ 622.491 Seasonal and area closures ....................... 311
§ 622.492 Minimum size limit ............................... 311
§ 622.493 Landing Caribbean queen conch intact ............. 311
§ 622.494 Bag limit ........................................ 312
§ 622.495 Commercial trip limit ............................ 312
§ 622.496 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs) .................. 312
7
§ 622.497 Adjustment of management measures ................ 312
Appendix A to Part 622–-Species Tables....................... 313
Table 1 of Appendix A to Part 622--Caribbean Coral Reef
Resources .................................................. 313
Table 2 of Appendix A to Part 622--Caribbean Reef Fish ..... 318
Table 3 of Appendix A to Part 622--Gulf Reef Fish .......... 321
Table 4 of Appendix A to Part 622--South Atlantic Snapper-
Grouper .................................................... 322
Table 5 of Appendix A to Part 622--Caribbean Conch Resources 324
Appendix B to Part 622--Gulf Areas........................... 325
Table 1 of Appendix B to Part 622--Seaward Coordinates of the
Longline and Buoy Gear Restricted Area ..................... 325
Table 2 of Appendix B to Part 622--Seaward Coordinates of the
Stressed Area .............................................. 327
Appendix C to Part 622--Fish Length Measurements............. 329
Figure 1 of Appendix C to Part 622--Carapace Length ........ 329
Figure 2. Appendix C to Part 622--Illustration of length ... 330
measurements. .............................................. 330
Appendix D to Part 622--Specifications for Certified BRDs.... 331
Appendix E to Part 622–-Caribbean Island/Island Group Management
Areas........................................................ 343
Table 1 of Appendix E to Part 622--Coordinates of the Puerto
Rico Management Area ....................................... 343
Table 2 of Appendix E to Part 622--Coordinates of the St. Croix
Management Area ............................................ 343
Table 3 of Appendix E to Part 622--Coordinates of the St.
Thomas/St. John Management Area ............................ 344
Appendix F to Part 622--Specifications for Sea Turtle Mitigation
Gear and Sea Turtle Handling and Release Requirements........ 345
Appendix G to Part 622--Coastal Migratory Pelagics Zone
Illustrations................................................ 352
8
Subpart A--General Provisions
§ 622.1 Purpose and scope.
(a) The purpose of this part is to implement the FMPs
prepared under the Magnuson-Stevens Act by the CFMC, GMFMC,
and/or SAFMC listed in Table 1 of this section.
(b) This part governs conservation and management of
species included in the FMPs in or from the Caribbean, Gulf,
Mid-Atlantic, South Atlantic, or Atlantic EEZ, unless otherwise
specified, as indicated in Table 1 of this section. For the FMPs
noted in the following table, conservation and management
extends to adjoining state waters for the purposes of data
collection and monitoring.
(c) This part also governs importation of Caribbean spiny
lobster into Puerto Rico or the U.S. Virgin Islands.
(d) This part also governs importation of spiny lobster
into any place subject to the jurisdiction of the United States.
Table 1 to § 622.1--FMPs Implemented Under Part 622
FMP title
Responsible fishery
management council(s)
Geographical area
FMP for Coastal
Migratory Pelagic
Resources
GMFMC/SAFMC
Gulf1, Mid-
Atlantic1, South
Atlantic
1
FMP for Coral, Coral
Reefs, and Live/Hard
Bottom Habitats of
the South Atlantic
Region
SAFMC
South Atlantic5
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. Virgin Islands
CFMC
Caribbean
FMP for the Dolphin
and Wahoo Fishery
off the Atlantic
States
SAFMC
Atlantic
9
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
Gulf1
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
Gulf1,3,4
FMP for the Shrimp
Fishery of the Gulf
of Mexico
GMFMC
Gulf1
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 Atlantic1,2,6
FMP for the Spiny
Lobster Fishery of
Puerto Rico and the
U.S. Virgin Islands
CFMC
Caribbean
10
FMP for the Spiny
Lobster Fishery of
the Gulf of Mexico
and South Atlantic
GMFMC/SAFMC
Gulf1, South
Atlantic1
1 Regulated area includes adjoining state waters for
purposes of data collection and quota monitoring.
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 endorsement.
5 Octocorals are managed by the FMP or regulated by this
part only in the EEZ off North Carolina, South Carolina, and
Georgia.
6 Nassau grouper in the South Atlantic EEZ and the Gulf EEZ
are managed under the FMP.
Return to Table of Contents
§ 622.2 Definitions and acronyms.
In addition to the definitions in the Magnuson Act and in
§ 600.10 of this chapter, and the acronyms in § 600.15 of this
chapter, the terms and acronyms used in this part have the
following meanings:
Accountability measure means a management control
implemented such that overfishing is prevented, where possible,
and mitigated if it occurs.
Actual ex-vessel price means the total monetary sale amount
a fisherman receives per pound of fish for IFQ landings from a
registered IFQ dealer before any deductions are made for
transferred (leased) allocation and goods and services (e.g.
bait, ice, fuel, repairs, machinery replacement, etc.).
Allowable chemical means a substance, generally used to
immobilize marine life so that it can be captured alive, that,
when introduced into the water, does not take Gulf and South
Atlantic prohibited coral and is allowed by Florida for the
harvest of tropical fish (e.g., quinaldine, quinaldine
11
compounds, or similar substances).
Allowable octocoral means an erect, nonencrusting species
of the subclass Octocorallia, except the seafans Gorgonia
flabellum and G. ventalina, plus the attached substrate within 1
inch (2.54 cm) of an allowable octocoral. (Note: An erect,
nonencrusting species of the subclass Octocorallia, except the
seafans Gorgonia flabellum and G. ventalina, with attached
substrate exceeding 1 inch (2.54 cm) is considered to be live
rock and not allowable octocoral.)
Annual catch limit (ACL) means the level of catch that
serves as the basis for invoking accountability measures.
Annual catch target (ACT) means an amount of annual catch
of a stock or stock complex that is the management target of the
fishery, and accounts for management uncertainty in controlling
the actual catch at or below the ACL.
Aquacultured live rock means live rock that is harvested
under a Federal aquacultured live rock permit, as required under
§ 622.70(a)(2).
Atlantic means the North Atlantic, Mid-Atlantic, and South
Atlantic.
Authorized statistical reporting agent means:
(1) Any person so designated by the SRD; or
(2) Any person so designated by the head of any Federal or
State agency that has entered into an agreement with the
Assistant Administrator to collect fishery data.
Automatic reel means a reel that remains attached to a
vessel when in use from which a line and attached hook(s) are
deployed. The line is payed out from and retrieved on the reel
electrically or hydraulically.
Bandit gear means a rod and reel that remain attached to a
vessel when in use from which a line and attached hook(s) are
deployed. The line is payed out from and retrieved on the reel
manually, electrically, or hydraulically.
Bottom longline means a longline that is deployed, or in
combination with gear aboard the vessel, e.g., weights or
anchors, is capable of being deployed to maintain contact with
the ocean bottom.
BRD means bycatch reduction device.
Bully net means a circular frame attached at right angles
to the end of a pole and supporting a conical bag of webbing.
The webbing is usually held up by means of a cord which is
released when the net is dropped over a lobster.
Buoy gear means fishing gear that fishes vertically in the
water column that consists of a single drop line suspended from
a float, from which no more than 10 hooks can be connected
between the buoy and the terminal end, and the terminal end
contains a weight that is no more than 10 lb (4.5 kg).
12
The drop line can be rope (hemp, manila, cotton or other natural
fibers; nylon, polypropylene, spectra or other synthetic
material) or monofilament, but must not be cable or wire. The
gear is free-floating and not connected to other gear or the
vessel. The drop line must be no greater than 2 times the depth
of the water being fished. All hooks must be attached to the
drop line no more than 30 ft (9.1 m) from the weighted terminal
end. These hooks may be attached directly to the drop line;
attached as snoods (defined as an offshoot line that is directly
spliced, tied or otherwise connected to the drop line), where
each snood has a single terminal hook; or as gangions (defined
as an offshoot line connected to the drop line with some type of
detachable clip), where each gangion has a single terminal hook.
Carapace length means the measurement of the carapace
(head, body, or front section) of a spiny lobster from the
anteriormost edge (front) of the groove between the horns
directly above the eyes, along the middorsal line (middle of the
back), to the rear edge of the top part of the carapace,
excluding any translucent membrane. (See Figure 1 in Appendix C
of this part.)
Caribbean means the Caribbean Sea and Atlantic Ocean
seaward of Puerto Rico, the U.S. Virgin Islands, and possessions
of the United States in the Caribbean Sea.
Caribbean coral reef resource means one or more of the
species, or a part thereof, listed in Table 1 in Appendix A of
this part, whether living or dead.
Caribbean prohibited coral means, in the Caribbean; a
gorgonian, that is, a Caribbean coral reef resource of the Class
Anthozoa, Subclass Octocorallia, Order Gorgonacea; a live rock;
or a stony coral, that is, a Caribbean coral reef resource of
the Class Hydrozoa (fire corals and hydrocorals) or of the Class
Anthozoa, Subclass Hexacorallia, Orders Scleractinia (stony
corals) and Antipatharia (black corals); or a part thereof.
Caribbean queen conch or queen conch means the species,
Strombus gigas, or a part thereof.
Caribbean reef fish means one or more of the species, or a
part thereof, listed in Table 2 in Appendix A of this part.
Caribbean spiny lobster or spiny lobster means the species
Panulirus argus, or a part thereof.
CFMC means the Caribbean Fishery Management Council.
Charter vessel means a vessel less than 100 gross tons
(90.8 mt) that is subject to the requirements of the USCG to
carry six or fewer passengers for hire and that engages in
charter fishing at any time during the calendar year. A charter
vessel with a commercial permit, as required under
§ 622.4(a)(2), is considered to be operating as a charter vessel
when it carries a passenger who pays a fee or when there are
13
more than three persons aboard, including operator and crew,
except for a charter vessel with a commercial vessel permit for
Gulf reef fish or South Atlantic snapper-grouper. A charter
vessel that has a charter vessel permit for Gulf reef fish and a
commercial vessel permit for Gulf reef fish or a charter vessel
permit for South Atlantic snapper-grouper and a commercial
permit for South Atlantic snapper-grouper (either a South
Atlantic snapper-grouper unlimited permit or a 225-lb (102.1-kg)
trip limited permit for South Atlantic snapper-grouper) is
considered to be operating as a charter vessel when it carries a
passenger who pays a fee or when there are more than four
persons aboard, including operator and crew. A charter vessel
that has a charter vessel permit for Gulf reef fish, a
commercial vessel permit for Gulf reef fish, and a valid
Certificate of Inspection (COI) issued by the USCG to carry
passengers for hire will not be considered to be operating as a
charter vessel provided–-
(1) It is not carrying a passenger who pays a fee; and
(2) When underway for more than 12 hours, that vessel
meets, but does not exceed the minimum manning requirements
outlined in its COI for vessels underway over 12 hours; or when
underway for not more than 12 hours, that vessel meets the
minimum manning requirements outlined in its COI for vessels
underway for not more than 12-hours (if any), and does not
exceed the minimum manning requirements outlined in its COI for
vessels that are underway for more than 12 hours.
Circle hook means a fishing hook designed and manufactured
so that the point is turned perpendicularly back to the shank to
form a generally circular, or oval, shape.
Coastal migratory pelagic fish means a whole fish, or a
part thereof, of one or more of the following species:
(1) Cobia, Rachycentron canadum.
(2) King mackerel, Scomberomorus cavalla.
(3) Spanish mackerel, Scomberomorus maculatus.
Commercial fishing means, for the purpose of subpart R of
this part only, any fishing or fishing activities which result
in the harvest of any marine or freshwater organisms, one or
more of which (or parts thereof) is sold, traded, or bartered.
Coral area means marine habitat in the Gulf or South
Atlantic EEZ where coral growth abounds, including patch reefs,
outer bank reefs, deep water banks, and hard bottoms.
Dealer, in addition to the definition specified in § 600.10
of this chapter, means the person who first receives rock shrimp
harvested from the EEZ or dolphin or wahoo harvested from the
Atlantic EEZ upon transfer ashore.
Deep-water grouper (DWG) means, in the Gulf, yellowedge
grouper, warsaw grouper, snowy grouper, and speckled hind. In
14
addition, for the purposes of the IFQ program for Gulf groupers
and tilefishes in § 622.22, scamp are also included as DWG as
specified in § 622.22(a)(7).
Deep-water snapper-grouper (DWSG) means, in the South
Atlantic, yellowedge grouper, misty grouper, warsaw grouper,
snowy grouper, speckled hind, blueline tilefish, queen snapper,
and silk snapper.
Dehooking device means a device intended to remove a hook
embedded in a fish to release the fish with minimum damage.
Dolphin means a whole fish, or a part there of, of the
species Coryphaena equiselis or C. hippurus.
Drift gillnet, for the purposes of this part, means a
gillnet, other than a long gillnet or a run-around gillnet, that
is unattached to the ocean bottom, regardless of whether
attached to a vessel.
Fish trap means--
(1) In the Caribbean EEZ, a trap and its component parts
(including the lines and buoys), regardless of the construction
material, used for or capable of taking finfish.
(2) In the Gulf EEZ, a trap and its component parts
(including the lines and buoys), regardless of the construction
material, used for or capable of taking finfish, except a trap
historically used in the directed fishery for crustaceans (that
is, blue crab, stone crab, and spiny lobster).
(3) In the South Atlantic EEZ, a trap and its component
parts (including the lines and buoys), regardless of the
construction material, used for or capable of taking fish,
except a sea bass pot, a golden crab trap, or a crustacean trap
(that is, a type of trap historically used in the directed
fishery for blue crab, stone crab, red crab, jonah crab, or
spiny lobster and that contains at any time not more than 25
percent, by number, of fish other than blue crab, stone crab,
red crab, jonah crab, and spiny lobster).
Fork length means the straight-line distance from the tip
of the head (snout) to the rear center edge of the tail (caudal
fin). (See Figure 2 in Appendix C of this part.)
Golden crab means the species Chaceon fenneri, or a part
thereof.
Golden crab trap means any trap used or possessed in
association with a directed fishery for golden crab in the South
Atlantic EEZ, including any trap that contains a golden crab in
or from the South Atlantic EEZ or any trap on board a vessel
that possesses golden crab in or from the South Atlantic EEZ.
GMFMC means the Gulf of Mexico Fishery Management Council.
Gulf means the Gulf of Mexico. The line of demarcation
between the Atlantic Ocean and the Gulf of Mexico is specified
in § 600.105(c) of this chapter.
15
Gulf reef fish means one or more of the species, or a part
thereof, listed in Table 3 in Appendix A of this part.
Gulf and South Atlantic prohibited coral means, in the Gulf
and South Atlantic, one or more of the following, or a part
thereof:
(1) Coral belonging to the Class Hydrozoa (fire corals and
hydrocorals).
(2) Coral belonging to the Class Anthozoa, Subclass
Hexacorallia, Orders Scleractinia (stony corals) and
Antipatharia (black corals).
(3) A seafan, Gorgonia flabellum or G. ventalina.
(4) Coral in a coral reef, except for allowable octocoral.
(5) Coral in an HAPC, including allowable octocoral.
Handline means a line with attached hook(s) that is tended
directly by hand.
HAPC means habitat area of particular concern.
Headboat means a vessel that holds a valid Certificate of
Inspection (COI) issued by the USCG to carry more than six
passengers for hire.
(1) A headboat with a commercial vessel permit, as required
under this part, is considered to be operating as a headboat
when it carries a passenger who pays a fee or--
(i) In the case of persons aboard fishing for or possessing
South Atlantic snapper-grouper, when there are more persons
aboard than the number of crew specified in the vessel's COI; or
(ii) In the case of persons aboard fishing for or
possessing coastal migratory pelagic fish, when there are more
than three persons aboard, including operator and crew.
(2) However a vessel that has a headboat permit for Gulf
reef fish, a commercial vessel permit for Gulf reef fish, and a
valid COI issued by the USCG to carry passengers for hire will
not be considered to be operating as a headboat provided–-
(i) It is not carrying a passenger who pays a fee; and
(ii) When underway for more than 12 hours, that vessel
meets, but does not exceed the minimum manning requirements
outlined in its COI for vessels underway over 12 hours; or when
underway for not more than 12 hours, that vessel meets the
minimum manning requirements outlined in its COI for vessels
underway for not more than 12-hours (if any), and does not
exceed the minimum manning requirements outlined in its COI for
vessels that are underway for more than 12 hours.
Headrope length means the distance, measured along the
forwardmost webbing of a trawl net, between the points at which
the upper lip (top edge) of the mouth of the net are attached to
sleds, doors, or other devices that spread the net.
Hook-and-line gear means automatic reel, bandit gear, buoy
gear, handline, longline, and rod and reel.
16
Hoop net means a frame, circular or otherwise, supporting a
shallow bag of webbing and suspended by a line and bridles. The
net is baited and lowered to the ocean bottom, to be raised
rapidly at a later time to prevent the escape of lobster.
IFQ means individual fishing quota.
Import means--
(1) For the purpose of § 622.1(c) and subpart T of this
part only-- To land on, bring into, or introduce into, or
attempt to land on, bring into, or introduce into, Puerto Rico
or the U.S. Virgin Islands, whether or not such landing,
bringing, or introduction constitutes an importation within the
meaning of the customs laws of the United States;
(2) For the purpose of § 622.1(d) and subpart R of this
part only--To land on, bring into, or introduce into, or attempt
to land on, bring into, or introduce into, any place subject to
the jurisdiction of the United States, whether or not such
landing, bringing, or introduction constitutes an importation
within the meaning of the customs laws of the United States;
(3) But does not include any activity described in
paragraph (1) or (2) of this definition with respect to fish
caught in the U.S. exclusive economic zone by a vessel of the
United States.
Live rock means living marine organisms, or an assemblage
thereof, attached to a hard substrate, including dead coral or
rock (excluding individual mollusk shells).
Live well means a shaded container used for holding live
lobsters aboard a vessel in which aerated seawater is
continuously circulated from the sea. Circulation of seawater at
a rate that replaces the water at least every 8 minutes meets
the requirement for aeration.
Long gillnet means a gillnet that has a float line that is
more than 1,000 yd (914 m) in length.
Longline means a line that is deployed horizontally to
which gangions and hooks are attached. A longline may be a
bottom longline, i.e., designed for use on the bottom, or a
pelagic longline, i.e., designed for use off the bottom. The
longline hauler may be manually, electrically, or hydraulically
operated.
MAFMC means the Mid-Atlantic Fishery Management Council.
Mid-Atlantic means the Atlantic Ocean off the Atlantic
coastal states from the boundary between the New England Fishery
Management Council and the MAFMC, as specified in § 600.105(a)
of this chapter, to the boundary between the MAFMC and the
SAFMC, as specified in §600.105(b) of this chapter.
Migratory group, for king mackerel, Spanish mackerel, and
cobia, means a group of fish that may or may not be a separate
genetic stock, but that is treated as a separate stock for
17
management purposes. King mackerel, Spanish mackerel, and cobia
are divided into migratory groups--the boundaries between these
groups are specified in § 622.369.
MPA means marine protected area.
North Atlantic means the Atlantic Ocean off the Atlantic
coastal states from the boundary between the United States and
Canada to the boundary between the New England Fishery
Management Council and the MAFMC, as specified in § 600.105(a)
of this chapter.
Off Florida means the waters in the Gulf and South Atlantic
from 30°42'45.6" N. lat., which is a line directly east from the
seaward terminus of the Georgia/Florida boundary, to 87°31'06"
W. long., which is a line directly south from the
Alabama/Florida boundary.
Off Georgia means the waters in the South Atlantic from a
line extending in a direction of 104° from true north from the
seaward terminus of the South Carolina/Georgia boundary to
30°42'45.6" N. lat., which is a line directly east from the
seaward terminus of the Georgia/Florida boundary.
Off Louisiana, Mississippi, and Alabama means the waters in
the Gulf other than off Florida and off Texas.
Off Monroe County, Florida means the area from the Florida
coast to the outer limit of the EEZ between a line extending
directly east from the Dade/Monroe County, Florida boundary
(25°20.4'N. latitude) and a line extending directly west from the
Monroe/Collier County, Florida boundary (25°48.0' N. latitude).
Off North Carolina means the waters in the South Atlantic
from 36°34'55" N. lat., which is a line directly east from the
Virginia/North Carolina boundary, to a line extending in a
direction of 135°34'55" from true north from the North
Carolina/South Carolina boundary, as marked by the border
station on Bird Island at 33°51'07.9" N. lat., 78°32'32.6" W.
long.
Off South Carolina means the waters in the South Atlantic
from a line extending in a direction of 135°34'55" from true
north from the North Carolina/South Carolina boundary, as marked
by the border station on Bird Island at 33°51'07.9" N. lat., 78°
32'32.6" W. long., to a line extending in a direction of 104°
from true north from the seaward terminus of the South
Carolina/Georgia boundary.
Off Texas means the waters in the Gulf west of a rhumb line
from 29°32.1' N. lat., 93°47.7' W. long. to 26°11.4' N. lat.,
92°53' W. long., which line is an extension of the boundary
between Louisiana and Texas.
Off the Gulf states, other than Florida means the area from
the coast to the outer limit of the EEZ between the Texas/Mexico
border to the Alabama/Florida boundary (87°31'06" W. long.).
18
Off the southern Atlantic states, other than Florida means
the area from the coast to the outer limit of the EEZ between
the Virginia/North Carolina boundary (36°34'55" N. lat.) to the
Georgia/Florida boundary (30°42'45.6" N. lat.).
Official sunrise or official sunset means the time of
sunrise or sunset as determined for the date and location in The
Nautical Almanac, prepared by the U.S. Naval Observatory.
Pelagic longline means a longline that is suspended by
floats in the water column and that is not fixed to or in
contact with the ocean bottom.
Pelagic sargassum means the species Sargassum natans or S.
fluitans, or a part thereof.
Penaeid shrimp means one or more of the following species,
or a part thereof:
(1) Brown shrimp, Farfantepenaeus aztecus.
(2) Pink shrimp, Farfantepenaeus duorarum.
(3) White shrimp, Litopenaeus setiferus.
Penaeid shrimp trawler means any vessel that is equipped
with one or more trawl nets whose on-board or landed catch of
penaeid shrimp is more than 1 percent, by weight, of all fish
comprising its on-board or landed catch.
Powerhead means any device with an explosive charge,
usually attached to a speargun, spear, pole, or stick, that
fires a projectile upon contact.
Processor means a person who processes fish or fish
products, or parts thereof, for commercial use or consumption.
Purchase means the act or activity of buying, trading, or
bartering, or attempting to buy, trade, or barter.
Recreational fishing means, for the purpose of subpart R of
this part only, fishing or fishing activities which result in
the harvest of fish, none of which (or parts thereof) is sold,
traded, or bartered.
Red drum, also called redfish, means Sciaenops ocellatus,
or a part thereof.
Red snapper means Lutjanus campechanus, or a part thereof,
one of the Gulf reef fish species.
Regional Administrator (RA), for the purposes of this part,
means the Administrator, Southeast Region, NMFS, 263 13th Avenue
South, St. Petersburg, FL 33701, or a designee.
Reporting week means the period of time beginning at 12:01
a.m., local time, on Sunday and ending at 11:59 p.m., local
time, the following Saturday.
Rod and reel means a rod and reel unit that is not attached
to a vessel, or, if attached, is readily removable, from which a
line and attached hook(s) are deployed. The line is payed out
from and retrieved on the reel manually, electrically, or
hydraulically.
19
Run-around gillnet means a gillnet, other than a long
gillnet, that, when used, encloses an area of water.
SAFMC means the South Atlantic Fishery Management Council.
Sale or sell means the act or activity of transferring
property for money or credit, trading, or bartering, or
attempting to so transfer, trade, or barter.
Science and Research Director (SRD), for the purposes of
this part, means the Science and Research Director, Southeast
Fisheries Science Center, NMFS (see Table 1 of § 600.502 of this
chapter).
Sea bass pot means a trap has six rectangular sides and
does not exceed 25 inches (63.5 cm) in height, width, or depth.
Shallow-water grouper (SWG) means, in the Gulf, gag, red
grouper, black grouper, scamp, yellowfin grouper, and
yellowmouth grouper. Other shallow-water grouper (Other SWG)
means, in the Gulf, SWG excluding gag and red grouper (i.e.,
black grouper, scamp, yellowfin grouper, and yellowmouth
grouper). In addition, for the purposes of the IFQ program for
Gulf groupers and tilefishes in § 622.22, speckled hind and
warsaw grouper are also included as Other SWG as specified in
§ 622.22(a)(6).
Shrimp means one or more of the following species, or a
part thereof:
(1) Brown shrimp, Farfantepenaeus aztecus.
(2) White shrimp, Litopenaeus setiferus.
(3) Pink shrimp, Farfantepenaeus duorarum.
(4) Royal red shrimp, Hymenopenaeus robustus.
(5) Rock shrimp, Sicyonia brevirostris.
Shrimp trawler means any vessel that is equipped with one
or more trawl nets whose on-board or landed catch of shrimp is
more than 1 percent, by weight, of all fish comprising its on-
board or landed catch.
Smalltooth sawfish means the species Pristis pectinata, or
a part thereof.
SMZ means special management zone.
South Atlantic means the Atlantic Ocean off the Atlantic
coastal states from the boundary between the MAFMC and the
SAFMC, as specified in § 600.105(b) of this chapter, to the line
of demarcation between the Atlantic Ocean and the Gulf of
Mexico, as specified in § 600.105(c) of this chapter.
South Atlantic shallow-water grouper (SASWG) means, in the
South Atlantic, gag, black grouper, red grouper, scamp, red
hind, rock hind, yellowmouth grouper, yellowfin grouper,
graysby, and coney.
South Atlantic snapper-grouper means one or more of the
species, or a part thereof, listed in Table 4 in Appendix A of
this part.
20
Stab net means a gillnet, other than a long gillnet, or
trammel net whose weight line sinks to the bottom and submerges
the float line.
Tail length means the lengthwise measurement of the entire
tail (segmented portion), not including any protruding muscle
tissue, of a spiny lobster along the top middorsal line (middle
of the back) to the rearmost extremity. The measurement is made
with the tail in a flat, straight position with the tip of the
tail closed.
Total length (TL), for the purposes of this part, means the
straight-line distance from the tip of the snout to the tip of
the tail (caudal fin), excluding any caudal filament, while the
fish is lying on its side. The mouth of the fish may be closed
and/or the tail may be squeezed together to give the greatest
overall measurement. (See Figure 2 in Appendix C of this part.)
Toxic chemical means any substance, other than an allowable
chemical, that, when introduced into the water, can stun,
immobilize, or take marine life.
Trammel net means two or more panels of netting, suspended
vertically in the water by a common float line and a common
weight line, with one panel having a larger mesh size than the
other(s), to entrap fish in a pocket of netting.
Trip means a fishing trip, regardless of number of days
duration, that begins with departure from a dock, berth, beach,
seawall, or ramp and that terminates with return to a dock,
berth, beach, seawall, or ramp.
Try net, also called test net, means a net pulled for brief
periods by a shrimp trawler to test for shrimp concentrations or
determine fishing conditions (e.g., presence or absence of
bottom debris, jellyfish, bycatch, sea grasses).
Venting device means a device intended to deflate the
abdominal cavity of a fish to release the fish with minimum
damage.
Wahoo means the species Acanthocybium solandri, or a part
thereof, in the Atlantic.
Wild live rock means live rock other than aquacultured live
rock.
Wreckfish means the species Polyprion americanus, or a part
thereof, one of the South Atlantic snapper-grouper species.
Return to Table of Contents
§ 622.3 Relation to other laws and regulations.
(a) The relation of this part to other laws is set forth in
§ 600.705 of this chapter and paragraphs (b) through (e) of this
section.
(b) Except for regulations on allowable octocoral, Gulf and
21
South Atlantic prohibited coral, and live rock, this part is
intended to apply within the EEZ portions of applicable National
Marine Sanctuaries and National Parks, unless the regulations
governing such sanctuaries or parks prohibit their application.
Regulations on allowable octocoral, Gulf and South Atlantic
prohibited coral, and live rock do not apply within the EEZ
portions of the following National Marine Sanctuaries and
National Parks:
(1) Florida Keys National Marine Sanctuary (15 CFR part
922, subpart P).
(2) Gray's Reef National Marine Sanctuary (15 CFR part 922,
subpart I).
(3) Monitor National Marine Sanctuary (15 CFR part 922,
subpart F).
(4) Everglades National Park (36 CFR 7.45).
(5) Biscayne National Park (16 U.S.C. 410gg).
(6) Fort Jefferson National Monument (36 CFR 7.27).
(c) For allowable octocoral, if a state has a catch,
landing, or gear regulation that is more restrictive than a
catch, landing, or gear regulation in this part, a person
landing in such state allowable octocoral taken from the South
Atlantic EEZ must comply with the more restrictive state
regulation.
(d) General provisions on facilitation of enforcement,
penalties, and enforcement policy applicable to all domestic
fisheries are set forth in §§ 600.730, 600.735, and 600.740 of
this chapter, respectively.
(e) An activity that is otherwise prohibited by this part
may be conducted if authorized as scientific research activity,
exempted fishing, or exempted educational activity, as specified
in § 600.745 of this chapter.
Return to Table of Contents
§ 622.4 Permits and fees--general.
This section contains general information about procedures
related to permits. See also §§ 622.70, 622.220, and 622.470
regarding certain permit procedures unique to coral permits in
the Gulf of Mexico, South Atlantic Region, and Puerto Rico and
the U.S. Virgin Islands, respectively. Permit requirements for
specific fisheries, as applicable, are contained in subparts B
through V of this part.
(a) Applications for permits. Application forms for all
permits are available from the RA. Completed application forms
and all required supporting documents must be submitted to the
RA at least 30 days prior to the date on which the applicant
desires to have the permit made effective. All vessel permits
22
are mailed to owners, whether the applicant is an owner or an
operator.
(1) Vessel permits. (i) The application for a commercial
vessel permit, other than for wreckfish, or for a charter
vessel/headboat permit must be submitted by the owner (in the
case of a corporation, an officer or shareholder; in the case of
a partnership, a general partner) or operator of the vessel. A
commercial vessel permit that is issued based on the earned
income qualification of an operator is valid only when that
person is the operator of the vessel. The applicant for a
commercial vessel permit for wreckfish must be a wreckfish
shareholder.
(ii) An applicant must provide the following:
(A) A copy of the vessel's valid USCG certificate of
documentation or, if not documented, a copy of its valid state
registration certificate.
(B) Vessel name and official number.
(C) Name, address, telephone number, and other identifying
information of the vessel owner and of the applicant, if other
than the owner.
(D) Any other information concerning the vessel, gear
characteristics, principal fisheries engaged in, or fishing
areas, as specified on the application form.
(E) Any other information that may be necessary for the
issuance or administration of the permit, as specified on the
application form.
(F) If applying for a commercial vessel permit,
documentation, as specified in the instructions accompanying
each application form, showing that applicable eligibility
requirements of this part have been met.
(G) If a sea bass pot will be used, the number, dimensions,
and estimated cubic volume of the pots that will be used and the
applicant's desired color code for use in identifying his or her
vessel and buoys (white is not an acceptable color code).
(2) Operator permits. An applicant for an operator permit
must provide the following:
(i) Name, address, telephone number, and other identifying
information specified on the application.
(ii) Two recent (no more than 1-yr old), color, passport-
size photographs.
(iii) Any other information that may be necessary for the
issuance or administration of the permit, as specified on the
application form.
(3) Dealer permits. (i) The application for a dealer permit
must be submitted by the owner (in the case of a corporation, an
officer or shareholder; in the case of a partnership, a general
partner).
23
(ii) An applicant must provide the following:
(A) A copy of each state wholesaler's license held by the
dealer.
(B) Name, address, telephone number, date the business was
formed, and other identifying information of the business.
(C) The address of each physical facility at a fixed
location where the business receives fish.
(D) Name, address, telephone number, other identifying
information, and official capacity in the business of the
applicant.
(E) Any other information that may be necessary for the
issuance or administration of the permit, as specified on the
application form.
(b) Change in application information. The owner or
operator of a vessel with a permit, a person with a coral
permit, a person with an operator permit, or a dealer with a
permit must notify the RA within 30 days after any change in the
application information specified in paragraph (a) of this
section or in §§ 622.70(b), 622.220(b), 622.400(b), or
622.470(b). The permit is void if any change in the information
is not reported within 30 days.
(c) Fees. Unless specified otherwise, a fee is charged for
each application for a permit, license, or endorsement submitted
under this part, for each request for transfer or replacement of
such permit, license, or endorsement, and for each sea bass pot
identification tag required under § 622.177(a)(1). The amount of
each fee is calculated in accordance with the procedures of the
NOAA Finance Handbook, available from the RA, for determining
the administrative costs of each special product or service. The
fee may not exceed such costs and is specified with each
application form. The appropriate fee must accompany each
application, request for transfer or replacement, or request for
sea bass pot identification tags.
(d) Initial issuance. (1) The RA will issue an initial
permit at any time to an applicant if the application is
complete and the specific requirements for the requested permit
have been met. An application is complete when all requested
forms, information, and documentation have been received.
(2) Upon receipt of an incomplete application, the RA will
notify the applicant of the deficiency. If the applicant fails
to correct the deficiency within 30 days of the date of the RA's
letter of notification, the application will be considered
abandoned.
(e) Duration. A permit remains valid for the period
specified on it unless it is revoked, suspended, or modified
pursuant to subpart D of 15 CFR part 904 or, in the case of a
vessel or dealer permit, the vessel or dealership is sold.
24
(f) Transfer--(1) Vessel permits, licenses, and
endorsements and dealer permits. A vessel permit, license, or
endorsement or a dealer permit or endorsement issued under this
part 622 is not transferable or assignable, except as provided
in the permits sections of subparts B through V of this part,
where applicable. A person who acquires a vessel or dealership
who desires to conduct activities for which a permit, license,
or endorsement is required must apply for a permit, license, or
endorsement in accordance with the provisions of this section
and other applicable sections of this part. If the acquired
vessel or dealership is currently permitted, the application
must be accompanied by the original permit and a copy of a
signed bill of sale or equivalent acquisition papers. In those
cases where a permit, license, or endorsement is transferable,
the seller must sign the back of the permit, license, or
endorsement and have the signed transfer document notarized.
(2) Operator permits. An operator permit is not
transferable.
(g) Renewal--(1) Vessel permits, licenses, and endorsements
and dealer permits. Unless specified otherwise, a vessel owner
or dealer who has been issued a permit, license, or endorsement
under this part must renew such permit, license, or endorsement
on an annual basis. The RA will mail a vessel owner or dealer
whose permit, license, or endorsement is expiring an application
for renewal approximately 2 months prior to the expiration date.
A vessel owner or dealer who does not receive a renewal
application from the RA by 45 days prior to the expiration date
of the permit, license, or endorsement must contact the RA and
request a renewal application. The applicant must submit a
completed renewal application form and all required supporting
documents to the RA prior to the applicable deadline for renewal
of the permit, license, or endorsement and at least 30 days
prior to the date on which the applicant desires to have the
permit made effective. If the RA receives an incomplete
application, the RA will notify the applicant of the deficiency.
If the applicant fails to correct the deficiency within 30 days
of the date of the RA’s letter of notification, the application
will be considered abandoned. A permit, license, or endorsement
that is not renewed within the applicable deadline will not be
reissued.
(2) Operator permits. An operator permit required by this
part 622 is issued for a period not longer than 3 years. A
permit not renewed immediately upon its expiration would expire
at the end of the operator's birth month that is between 2 and 3
years after issuance. For renewal, a new application must be
submitted in accordance with paragraph (a)(2) of this section.
(h) Display. A vessel permit, license, or endorsement
25
issued under this part 622 must be carried on board the vessel.
A dealer permit issued under this part 622, or a copy thereof,
must be available on the dealer's premises. In addition, a copy
of the dealer's permit must accompany each vehicle that is used
to pick up from a fishing vessel fish harvested from the EEZ. A
Gulf IFQ dealer endorsement must accompany each vehicle that is
used to pick up Gulf IFQ red snapper and/or Gulf IFQ groupers
and tilefishes. The operator of a vessel must present the vessel
permit, license, or endorsement for inspection upon the request
of an authorized officer. A dealer or a vehicle operator must
present the permit or a copy for inspection upon the request of
an authorized officer. An operator of a vessel in a fishery in
which an operator permit is required must present his/her
operator permit and one other form of personal identification
that includes a picture (driver's license, passport, etc.) for
inspection upon the request of an authorized officer.
(i) Sanctions and denials. (1) A permit, license, or
endorsement issued pursuant to this part 622 may be revoked,
suspended, or modified, and a permit, license, or endorsement
application may be denied, in accordance with the procedures
governing enforcement-related permit sanctions and denials found
at subpart D of 15 CFR part 904.
(2) A person whose operator permit is suspended, revoked,
or modified may not be aboard any fishing vessel subject to
Federal fishing regulations in any capacity, if so sanctioned by
NOAA, while the vessel is at sea or offloading. The vessel's
owner and operator are responsible for compliance with this
measure. A list of operators whose permits are revoked or
suspended may be obtained from the RA.
(j) Alteration. A permit, license, or endorsement that is
altered, erased, or mutilated is invalid.
(k) Replacement. A replacement permit, license, or
endorsement may be issued. An application for a replacement
permit, license, or endorsement is not considered a new
application. An application for a replacement operator permit
must include two new photographs, as specified in paragraph
(a)(2)(ii) of this section.
Return to Table of Contents
§ 622.5 Recordkeeping and reporting--general.
This section contains recordkeeping and reporting
requirements that are broadly applicable, as specified, to most
or all fisheries governed by this part. Additional recordkeeping
and reporting requirements specific to each fishery are
contained in the respective subparts B through V of this part.
(a) Collection of additional data and fish inspection. In
26
addition to data required to be reported as specified in
subparts B through V of this part, additional data will be
collected by authorized statistical reporting agents and by
authorized officers. A person who fishes for or possesses
species in or from the EEZ governed in this part is required to
make the applicable fish or parts thereof available for
inspection by the SRD or an authorized officer on request.
(b) Commercial vessel, charter vessel, and headboat
inventory. The owner or operator of a commercial vessel, charter
vessel, or headboat operating in a fishery governed in this part
who is not selected to report by the SRD under the recordkeeping
and reporting requirements in subparts B through V of this part
must provide the following information when interviewed by the
SRD:
(1) Name and official number of vessel and permit number,
if applicable.
(2) Length and tonnage.
(3) Current home port.
(4) Fishing areas.
(5) Ports where fish were offloaded during the last year.
(6) Type and quantity of gear.
(7) Number of full- and part-time fishermen or crew
members.
(c) Dealers--(1) Permitted Gulf and South Atlantic dealers.
(i) A person issued a Gulf and South Atlantic dealer permit
must submit a detailed electronic report of all fish first
received for a commercial purpose within the time period
specified in this paragraph via the dealer electronic trip
ticket reporting system. These electronic reports must be
submitted at weekly intervals via the dealer electronic trip
ticket reporting system by 11:59 p.m., local time, the Tuesday
following a reporting week. If no fish were received during a
reporting week, an electronic report so stating must be
submitted for that reporting week. In addition, during the open
season, dealers must submit daily reports for Gulf migratory
group king mackerel harvested by the run-around gillnet
component in the Florida west coast southern subzone via the
port agents, telephone, internet, or other similar means
determined by NMFS. From the beginning of the open season until
the commercial ACL (commercial quota) for the run-around gillnet
sector for Gulf migratory group king mackerel is reached,
dealers must submit a daily report if no king mackerel were
received during the previous day. NMFS will provide written
notice to dealers that first receive Gulf king mackerel
harvested by the run-around gillnet component prior to the
beginning of each fishing year if the reporting methods or
deadline change from the previous year.
27
(ii) Dealers must retain either the paper forms or
electronic reports for at least 1 year after the submittal date
and must provide such records for inspection upon the request of
an authorized officer or the SRD.
(iii) During catastrophic conditions only, the ACL
monitoring program provides for use of paper-based components
for basic required functions as a backup. The RA will determine
when catastrophic conditions exist, the duration of the
catastrophic conditions, and which participants or geographic
areas are deemed affected by the catastrophic conditions. The RA
will provide timely notice to affected participants via
publication of notification in the Federal Register, NOAA
weather radio, fishery bulletins, and other appropriate means
and will authorize the affected participants’ use of paper-based
components for the duration of the catastrophic conditions. The
paper forms will be available from NMFS. During catastrophic
conditions, the RA has the authority to waive or modify
reporting time requirements.
(iv) Gulf and South Atlantic dealers are not authorized to
first receive Gulf reef fish, Gulf red drum, South Atlantic
golden crab, South Atlantic snapper-grouper, South Atlantic
wreckfish, South Atlantic rock shrimp, coastal migratory pelagic
fish, spiny lobster, or Atlantic dolphin or wahoo from a
federally permitted vessel if the required reports have not been
submitted and received by NMFS according to the reporting
requirements under this section. Delinquent reports
automatically result in a Gulf and South Atlantic dealer
becoming ineligible to first receive such fish, regardless of
any notification to dealers by NMFS. Gulf and South Atlantic
dealers who become ineligible to receive such fish due to
delinquent reports are authorized to first receive such fish
only after all required and delinquent reports have been
submitted and received by NMFS according to the reporting
requirements under this section.
(2) Non-permitted dealers. See § 622.51 for a person who
purchases Gulf shrimp from a vessel, or person, that fishes for
shrimp in the Gulf EEZ or in adjoining state waters, or that
lands shrimp in an adjoining state.
Return to Table of Contents
§ 622.6 Vessel identification.
This section does not apply to subpart R of this part,
which has its own specific vessel identification requirements in
§ 622.402.
(a) Applicability--(1) Official number. A vessel for which
a permit has been issued under subparts B through V of this part
28
except for subpart R, and a vessel that fishes for or possesses
pelagic sargassum in the South Atlantic EEZ, must display its
official number--
(i) On the port and starboard sides of the deckhouse or
hull and, for vessels over 25 ft (7.6 m) long, on an appropriate
weather deck, so as to be clearly visible from an enforcement
vessel or aircraft.
(ii) In block arabic numerals permanently affixed to or
painted on the vessel in contrasting color to the background.
(iii) At least 18 inches (45.7 cm) in height for vessels
over 65 ft (19.8 m) long; at least 10 inches (25.4 cm) in height
for vessels over 25 ft (7.6 m) long; and at least 3 inches (7.6
cm) in height for vessels 25 ft (7.6 m) long or less.
(2) Official number and color code. The following vessels
must display their official number as specified in paragraph
(a)(1) of this section and, in addition, must display their
assigned color code: A vessel for which a permit has been issued
to fish with a sea bass pot, as required under § 622.170(a)(1);
a vessel in the commercial Caribbean reef fish fishery fishing
with traps; and a vessel in the Caribbean spiny lobster fishery.
Color codes required for the Caribbean reef fish fishery and
Caribbean spiny lobster fishery are assigned by Puerto Rico or
the U.S. Virgin Islands, whichever is applicable; color codes
required in all other fisheries are assigned by the RA. The
color code must be displayed--
(i) On the port and starboard sides of the deckhouse or
hull and, for vessels over 25 ft (7.6 m) long, on an appropriate
weather deck, so as to be clearly visible from an enforcement
vessel or aircraft.
(ii) In the form of a circle permanently affixed to or
painted on the vessel.
(iii) At least 18 inches (45.7 cm) in diameter for vessels
over 65 ft (19.8 m) long; at least 10 inches (25.4 cm) in
diameter for vessels over 25 ft (7.6 m) long; and at least 3
inches (7.6 cm) in diameter for vessels 25 ft (7.6 m) long or
less.
(b) Duties of operator. The operator of a vessel specified
in paragraph (a) of this section must keep the official number
and the color code, if applicable, clearly legible and in good
repair and must ensure that no part of the fishing vessel, its
rigging, fishing gear, or any other material on board obstructs
the view of the official number or the color code, if
applicable, from an enforcement vessel or aircraft.
Return to Table of Contents
§ 622.7 Fishing years.
29
The fishing year for species or species groups governed in
this part is January 1 through December 31 except for the
following:
(a) Allowable octocoral--October 1 through September 30.
(b) King and Spanish mackerel. The fishing year for the
king and Spanish mackerel bag limits specified in § 622.382 is
January 1 through December 31. The following fishing years apply
only for the king and Spanish mackerel quotas specified in §
622.384:
(1) Gulf migratory group king mackerel--(i) Eastern zone--
July 1 through June 30, except the northern subzone of the
Florida west coast subzone, which has a fishing year of October
1 through September 30.
(ii) Western zone--July 1 through June 30.
(2) Gulf migratory group Spanish mackerel–-April through
March.
(3) South Atlantic migratory group king and Spanish
mackerel–-March through February.
(c) Wreckfish--April 16 through April 15.
(d) South Atlantic greater amberjack--March 1 through the
end of February.
(e) South Atlantic black sea bass recreational sector--
April 1 through March 31. (Note: The fishing year for the
commercial sector for black sea bass is January 1 through
December 31).
Return to Table of Contents
§ 622.8 Quotas--general.
(a) Quotas apply for the fishing year for each species,
species group, sector or component, unless accountability
measures are implemented during the fishing year pursuant to the
applicable annual catch limits and accountability measures
sections of subparts B through V of this part due to a quota
overage occurring the previous year, in which case a reduced
quota will be specified through notification in the Federal
Register. Annual quota increases are contingent on the total
allowable catch for the applicable species not being exceeded in
the previous fishing year. If the total allowable catch is
exceeded in the previous fishing year, the RA will file a
notification with the Office of the Federal Register to maintain
the quota for the applicable species, sector or component from
the previous fishing year for following fishing years, unless
NMFS determines based upon the best scientific information
available that maintaining the quota from the previous year is
unnecessary. Except for the quotas for Gulf and South Atlantic
30
coral, the quotas include species harvested from state waters
adjoining the EEZ.
(b) Quota closures. When a quota specified in this part is
reached, or is projected to be reached, the Assistant
Administrator will file a notification to that effect with the
Office of the Federal Register. On and after the effective date
of such notification, for the remainder of the fishing year, the
applicable closure restrictions for such a quota, as specified
in this part apply. (See the applicable annual catch limits
(ACLs), annual catch targets (ACTs), and accountability measures
(AMs) sections of subparts B through V of this part for closure
provisions when an applicable ACL or ACT is reached or projected
to be reached).
(c) Reopening. When a species, sector or component has been
closed based on a projection of the quota specified in this
part, or the ACL specified in the applicable annual catch limits
and accountability measures sections of subparts B through V of
this part being reached and subsequent data indicate that the
quota or ACL was not reached, the Assistant Administrator may
file a notification to that effect with the Office of the
Federal Register. Such notification may reopen the species,
sector or component to provide an opportunity for the quota or
ACL to be harvested.
Return to Table of Contents
§ 622.9 Prohibited gear and methods--general.
This section contains prohibitions on use of gear and
methods that are of general applicability, as specified.
Additional prohibitions on use of gear and methods applicable to
specific species or species groups are contained in subparts B
through V of this part.
(a) Explosives. An explosive (except an explosive in a
powerhead) may not be used to fish in the Caribbean, Gulf, or
South Atlantic EEZ. A vessel fishing in the EEZ for a species
governed in this part, or a vessel for which a permit has been
issued under this part, may not have on board any dynamite or
similar explosive substance.
(b) Chemicals and plants. A toxic chemical may not be used
or possessed in a coral area, and a chemical, plant, or plant-
derived toxin may not be used to harvest a Caribbean coral reef
resource in the Caribbean EEZ.
(c) Fish traps. A fish trap may not be used or possessed in
the Gulf or South Atlantic EEZ. A fish trap deployed in the Gulf
or South Atlantic EEZ may be disposed of in any appropriate
manner by the Assistant Administrator or an authorized officer.
(d) Weak link. A bottom trawl that does not have a weak
31
link in the tickler chain may not be used to fish in the Gulf
EEZ. For the purposes of this paragraph, a weak link is defined
as a length or section of the tickler chain that has a breaking
strength less than the chain itself and is easily seen as such
when visually inspected.
(e) Use of Gulf reef fish as bait prohibited. Gulf reef
fish may not be used as bait in any fishery, except that, when
purchased from a fish processor, the filleted carcasses and
offal of Gulf reef fish may be used as bait in trap fisheries
for blue crab, stone crab, deep-water crab, and spiny lobster.
Return to Table of Contents
§ 622.10 Landing fish intact--general.
This section contains requirements for landing fish intact
that are broadly applicable to finfish in the Gulf EEZ and
Caribbean EEZ, as specified. See subparts B through V, as
applicable, for additional species specific requirements for
landing fish intact.
(a) Finfish in or from the Gulf EEZ or Caribbean EEZ,
except as specified in paragraphs (b) and (c) of this section,
must be maintained with head and fins intact.
(b) Shark, swordfish, and tuna species are exempt from the
requirements of paragraph (a) of this section.
(c) In the Gulf EEZ or Caribbean EEZ:
(1) Bait is exempt from the requirement to be maintained
with head and fins intact.
(i) For the purpose of this paragraph (c)(1), “bait” means-
-
(A) Packaged, headless fish fillets that have the skin
attached and are frozen or refrigerated;
(B) Headless fish fillets that have the skin attached and
are held in brine; or
(C) Small pieces no larger than 3 in3 (7.6 cm3) or strips no
larger than 3 inches by 9 inches (7.6 cm by 22.9 cm) that have
the skin attached and are frozen, refrigerated, or held in
brine.
(ii) Paragraph (c)(1)(i) of this section notwithstanding, a
finfish or part thereof possessed in or landed from the Gulf EEZ
or Caribbean EEZ that is subsequently sold or purchased as a
finfish species, rather than as bait, is not bait.
(2) Legal-sized finfish possessed for consumption at sea on
the harvesting vessel are exempt from the requirement to have
head and fins intact, provided--
(i) Such finfish do not exceed any applicable bag limit;
(ii) Such finfish do not exceed 1.5 lb (680 g) of finfish
parts per person aboard; and
32
(iii) The vessel is equipped to cook such finfish on board.
(d) The operator of a vessel that fishes in the EEZ is
responsible for ensuring that fish on that vessel in the EEZ are
maintained intact and, if taken from the EEZ, are maintained
intact through offloading ashore, as specified in this section.
Return to Table of Contents
§ 622.11 Bag and possession limits--general applicability.
This section describes the general applicability provisions
for bag and possession limits specified in subparts B through V
of this part.
(a) Applicability. (1) The bag and possession limits apply
for species/species groups in or from the EEZ. Unless specified
otherwise, bag limits apply to a person on a daily basis,
regardless of the number of trips in a day. Unless specified
otherwise, a person is limited to a single bag limit for a trip
lasting longer than one calendar day. Unless specified
otherwise, possession limits apply to a person on a trip after
the first 24 hours of that trip. The bag and possession limits
apply to a person who fishes in the EEZ in any manner, except a
person aboard a vessel in the EEZ that has on board the
commercial vessel permit required under this part for the
appropriate species/species group. The possession of a
commercial vessel permit notwithstanding, the bag and possession
limits apply when the vessel is operating as a charter vessel or
headboat. A person who fishes in the EEZ may not combine a bag
limit specified in subparts B through V of this part with a bag
or possession limit applicable to state waters. A
species/species group subject to a bag limit specified in
subparts B through V of this part taken in the EEZ by a person
subject to the bag limits may not be transferred at sea,
regardless of where such transfer takes place, and such fish may
not be transferred in the EEZ. The operator of a vessel that
fishes in the EEZ is responsible for ensuring that the bag and
possession limits specified in subparts B through V of this part
are not exceeded.
(2) [Reserved]
(b) [Reserved]
Return to Table of Contents
§ 622.12 Annual catch limits (ACLs) and accountability measures
(AMs) for Caribbean island management areas/Caribbean EEZ.
(a) If landings from a Caribbean island management area, as
specified in Appendix E to this part, except for landings of
queen conch (see § 622.491(b)), or landings from the Caribbean
33
EEZ for tilefish and aquarium trade species, are estimated by
the SRD to have exceeded the applicable ACL, as specified in
paragraph (a)(1) of this section for Puerto Rico management area
species or species groups, paragraph (a)(2) of this section for
St. Croix management area species or species groups, paragraph
(a)(3) of this section for St. Thomas/St. John management area
species or species groups, or paragraph (a)(4) of this section
for the Caribbean EEZ, the AA will file a notification with the
Office of the Federal Register, at or near the beginning of the
following fishing year, to reduce the length of the fishing
season for the applicable species or species groups that year by
the amount necessary to ensure landings do not exceed the
applicable ACL. If NMFS determines the ACL for a particular
species or species group was exceeded because of enhanced data
collection and monitoring efforts instead of an increase in
total catch of the species or species group, NMFS will not
reduce the length of the fishing season for the applicable
species or species group the following fishing year. Landings
will be evaluated relative to the applicable ACL based on a
moving multi-year average of landings, as described in the FMP.
With the exceptions of Caribbean queen conch in Puerto Rico and
St. Thomas/St. John management areas, goliath grouper, Nassau
grouper, midnight parrotfish, blue parrotfish, and rainbow
parrotfish, ACLs are based on the combined Caribbean EEZ and
territorial landings for each management area. The ACLs
specified in paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) of
this section are given in round weight.
(1) Puerto Rico--(i) Commercial ACLs. The following ACLs
apply to commercial landings of Puerto Rico management area
species or species groups.
(A) Queen conch--0 lb (0 kg), for the EEZ only.
(B) Parrotfishes--52,737 lb (23,915 kg).
(C) Snapper Unit 1--284,685 lb (129,131 kg).
(D) Snapper Unit 2--145,916 lb (66,186 kg).
(E) Snapper Unit 3--345,775 lb (156,841 kg).
(F) Snapper Unit 4--373,295 lb (169,324 kg).
(G) Groupers--177,513 lb (80,519 kg).
(H) Angelfish--8,984 lb (4,075 kg).
(I) Boxfish--86,115 lb (39,061 kg).
(J) Goatfishes--17,565 lb (7,967 kg).
(K) Grunts--182,396 lb (82,733 kg).
(L) Wrasses--54,147 lb (24,561 kg).
(M) Jacks--86,059 lb (39,036 kg).
(N) Scups and porgies, combined--24,739 lb (11,221 kg).
(O) Squirrelfish--16,663 lb (7,558 kg).
(P) Surgeonfish--7,179 lb (3,256 kg).
(Q) Triggerfish and filefish, combined--58,475 lb (26,524
34
kg).
(R) Spiny lobster--327,920 lb (148,742 kg).
(ii) Recreational ACLs. The following ACLs apply to
recreational landings of Puerto Rico management area species or
species groups.
(A) Queen conch--0 lb (0 kg), for the EEZ only.
(B) Parrotfishes--15,263 lb (6,921 kg).
(C) Snapper Unit 1--95,526 lb (43,330 kg).
(D) Snapper Unit 2--34,810 lb (15,790 kg).
(E) Snapper Unit 3--83,158 lb (37,720 kg).
(F) Snapper Unit 4--28,509 lb (12,931 kg).
(G) Groupers--77,213 lb (35,023 kg).
(H) Angelfish--4,492 lb (2,038 kg).
(I) Boxfish--4,616 lb (2,094 kg).
(J) Goatfishes--362 lb (164 kg).
(K) Grunts--5,028 lb (2,281 kg).
(L) Wrasses--5,050 lb (2,291 kg).
(M) Jacks--51,001 lb (23,134 kg).
(N) Scups and porgies, combined--2,577 lb (1,169 kg).
(O) Squirrelfish--3,891 lb (1,765 kg).
(P) Surgeonfish--3,590 lb (1,628 kg).
(Q) Triggerfish and filefish, combined--21,929 lb (9,947
kg).
(2) St. Croix--(i) ACLs. The following ACLs apply to
landings of St. Croix management area species or species groups.
(A) Queen conch--50,000 lb (22,680 kg).
(B) Parrotfishes--240,000 lb (108,863 kg).
(C) Snappers--102,946 lb (46,696 kg).
(D) Groupers--30,435 lb (13,805 kg).
(E) Angelfish--305 lb (138 kg).
(F) Boxfish--8,433 lb (3,825 kg).
(G) Goatfishes--3,766 lb (1,708 kg).
(H) Grunts--36,881 lb (16,729 kg).
(I) Wrasses--7 lb (3 kg).
(J) Jacks--15,489 lb (7,076 kg).
(K) Scups and porgies, combined--4,638 lb (2,104 kg).
(L) Squirrelfish--121 lb (55 kg).
(M) Surgeonfish--33,603 lb (15,242 kg).
(N) Triggerfish and filefish, combined--24,980 lb (11,331
kg).
(O) Spiny lobster--107,307 lb (48,674 kg).
(ii) [Reserved]
(3) St. Thomas/St. John--(i) ACLs. The following ACLs apply
to landings of St. Thomas/St. John management area species or
species groups.
(A) Queen conch--0 lb (0 kg), for the EEZ only.
(B) Parrotfishes--42,500 lb (19,278 kg).
35
(C) Snappers--133,775 lb (60,679 kg).
(D) Groupers--51,849 lb (23,518 kg).
(E) Angelfish--7,897 lb (3,582 kg).
(F) Boxfish--27,880 lb (12,646 kg).
(G) Goatfishes--320 lb (145 kg).
(H) Grunts--37,617 lb (17,063 kg).
(I) Wrasses--585 lb (265 kg).
(J) Jacks--52,907 lb (23,998 kg).
(K) Scups and porgies, combined--21,819 lb (9,897 kg).
(L) Squirrelfish--4,241 lb (1,924 kg).
(M) Surgeonfish--29,249 lb (13,267 kg).
(N) Triggerfish and filefish, combined--74,447 lb (33,769
kg).
(O) Spiny lobster--104,199 lb (47,264 kg).
(ii) [Reserved]
(4) Caribbean EEZ--(i) ACLs. The following ACLs apply to
landings of species or species groups throughout the Caribbean
EEZ.
(A) Tilefish--14,642 lb (6,641 kg).
(B) Aquarium trade species--8,155 lb (3,699 kg).
(ii) [Reserved]
Return to Table of Contents
§ 622.13 Prohibitions--general.
In addition to the general prohibitions in § 600.725 of
this chapter, it is unlawful for any person to do any of the
following:
(a) Engage in an activity for which a valid Federal permit,
license, or endorsement is required under this part without such
permit, license, or endorsement.
(b) Falsify information on an application for a permit,
license, or endorsement or submitted in support of such
application, as specified in this part.
(c) Fail to display a permit, license, or endorsement, or
other required identification, as specified in this part.
(d) Falsify or fail to maintain, submit, or provide
information or fail to comply with inspection requirements or
restrictions, as specified in this part.
(e) Fail to make a fish, or parts thereof, available for
inspection, as specified in this part.
(f) Falsify or fail to display and maintain vessel and gear
identification, as specified in this part.
(g) Harvest or possess fish if the required headboat
reports have not been submitted in accordance with this part.
36
(h) First receive fish from federally permitted vessels if
the required reports have not been submitted in accordance with
§ 622.5(c).
(i) Fail to comply with any requirement or restriction
regarding ITQ coupons, as specified in § 622.172.
(j) Possess wreckfish as specified in § 622.172, receive
wreckfish except as specified in § 622.172, or offload a
wreckfish except as specified in § 622.172.
(k) Transfer—
(1) A wreckfish, as specified in § 622.172;
(2) A limited-harvest species, as specified in this part;
(3) A species/species group subject to a bag limit, as
specified in this part;
(4) South Atlantic snapper-grouper from a vessel with
unauthorized gear on board, as specified in § 622.188; or
(5) A species subject to a commercial trip limit, as
specified in this part.
(l) Use or possess prohibited gear or methods or possess
fish in association with possession or use of prohibited gear,
as specified in this part.
(m) Fish for, harvest, or possess a prohibited species, or
a limited-harvest species in excess of its limitation, sell or
purchase such species, fail to comply with release requirements,
molest or strip eggs from a lobster, or possess a lobster, or
part thereof, from which eggs, swimmerettes, or pleopids have
been removed or stripped, as specified in this part.
(n) Fish in violation of the prohibitions, restrictions,
and requirements applicable to seasonal and/or area closures,
including but not limited to: Prohibition of all fishing, gear
restrictions, restrictions on take or retention of fish, fish
release requirements, and restrictions on use of an anchor or
grapple, as specified in this part or as may be specified under
this part.
(o) Harvest, possess, offload, sell, or purchase fish in
excess of the seasonal harvest limitations, as specified in this
part.
(p) Except as allowed for king and Spanish mackerel and
Gulf of Mexico and South Atlantic spiny lobster, possess
undersized fish, fail to release undersized fish, or sell or
purchase undersized fish, as specified in this part.
(q) Fail to maintain a fish intact through offloading
ashore, as specified in this part.
(r) Exceed a bag or possession limit, as specified in this
part.
(s) Fail to comply with the limitations on traps and pots,
including but not limited to: Tending requirements,
37
constructions requirements, and area specific restrictions, as
specified in this part.
(t) Fail to comply with the species-specific limitations,
as specified in this part.
(u) Fail to comply with the restrictions that apply after
closure of a fishery, sector, or component of a fishery, as
specified in this part.
(v) Possess on board a vessel or land, purchase, or sell
fish in excess of the commercial trip limits, as specified in
this part.
(w) Fail to comply with the restrictions on sale/purchase,
as specified in this part.
(x) Interfere with fishing or obstruct or damage fishing
gear or the fishing vessel of another, as specified in this
part.
(y) Fail to comply with the requirements for observer
coverage as specified in this part.
(z) Assault, resist, oppose, impede, intimidate, or
interfere with a NMFS-approved observer aboard a vessel.
(aa) Prohibit or bar by command, impediment, threat,
coercion, or refusal of reasonable assistance, an observer from
conducting his or her duties aboard a vessel.
(bb) Fish for or possess golden crab in or from a fishing
zone or sub-zone of the South Atlantic EEZ other than the zone
or sub-zone for which the vessel is permitted or authorized, as
specified in § 622.241.
(cc) Falsify information submitted regarding an application
for testing a BRD or regarding testing of a BRD, as specified in
§§ 622.53 and 622.207.
(dd) Make a false statement, oral or written, to an
authorized officer regarding the installation, use, operation,
or maintenance of a vessel monitoring system (VMS) unit or
communication service provider.
(ee) Operate or own a vessel that is required to have a
permitted operator aboard when the vessel is at sea or
offloading without such operator aboard, as specified in this
part.
(ff) When a vessel that is subject to Federal fishing
regulations is at sea or offloading, own or operate such vessel
with a person aboard whose operator permit is revoked,
suspended, or modified.
(gg) Fail to comply with any provision related to a vessel
monitoring system (VMS) as specified in this part, including but
not limited to, requirements for use, installation, activation,
access to data, procedures related to interruption of VMS
operation, and prohibitions on interference with the VMS.
38
(hh) Fail to comply with the protected species conservation
measure as specified in this part.
(ii) Fail to comply with any provision related to the IFQ
program for Gulf red snapper as specified in § 622.21, or the
IFQ program for Gulf groupers and tilefishes as specified in §
622.22.
(jj) Falsify any information required to be submitted
regarding the IFQ program for Gulf red snapper as specified in §
622.21, or the IFQ program for Gulf groupers and tilefishes as
specified in § 622.22.
(kk) Fail to comply with the Caribbean, Gulf of Mexico, and
South Atlantic spiny lobster import prohibitions, as specified
in this part.
(ll) Possess a Gulf of Mexico or South Atlantic spiny
lobster trap in the EEZ at a time not authorized, as specified
in subpart R.
(mm) Harvest or attempt to harvest a Gulf of Mexico or
South Atlantic spiny lobster by diving without having and using
in the water a measuring device, as specified in subpart R.
(nn) Possess Gulf of Mexico or South Atlantic spiny
lobsters aboard a vessel that uses or has on board a net or
trawl in an amount exceeding the limits, as specified in subpart
R.
(oo) Operate a vessel that fishes for or possesses Gulf of
Mexico or South Atlantic spiny lobster in or from the EEZ with
spiny lobster aboard in an amount exceeding the cumulative bag
and possession limit, as specified in subpart R.
(pp) Fail to comply with the passenger capacity related
requirements in §§ 622.20(b)(1)(iv) and 622.373(e).
(qq) Fail to comply with any other requirement or
restriction specified in this part or violate any provision(s)
of this part.
Return to Table of Contents
§ 622.14 [Reserved].
Return to Table of Contents
§ 622.15 Notice regarding area closures to protect corals.
See §§ 622.74 and 622.224, respectively, regarding coral
protective restrictions in the Gulf EEZ and South Atlantic EEZ
that apply broadly to multiple fisheries and gear types.
Return to Table of Contents
§ 622.16 Notice regarding South Atlantic special management
zones (SMZs).
39
See §§ 622.182(a) and 622.382(a)(1)(v), respectively,
regarding fishing and gear restrictions in South Atlantic SMZs
that apply to snapper-grouper and coastal migratory pelagic
fisheries and broadly to gear types of multiple fisheries.
Return to Table of Contents
§ 622.17 Notice regarding seasonal/area closures to protect Gulf
reef fish.
See § 622.34, paragraphs (a)(1) and (a)(3) through (6),
regarding Gulf reef fish protective restrictions in the Gulf EEZ
that apply broadly to multiple Gulf fisheries and gear types.
Return to Table of Contents
Subpart B--Reef Fish Resources of the Gulf of Mexico
§ 622.20 Permits and endorsements.
(a) Commercial vessels--(1) Commercial vessel permits. For
a person aboard a vessel to be eligible for exemption from the
bag limits, to fish under a quota, as specified in § 622.39, or
to sell Gulf reef fish in or from the Gulf EEZ, a commercial
vessel permit for Gulf reef fish must have been issued to the
vessel and must be on board. If Federal regulations for Gulf
reef fish in subparts A or B of this part are more restrictive
than state regulations, a person aboard a vessel for which a
commercial vessel permit for Gulf reef fish has been issued must
comply with such Federal regulations regardless of where the
fish are harvested. See paragraph (a)(1)(i) of this section
regarding a limited access system for commercial vessel permits
for Gulf reef fish. See §§ 622.21(b)(1) and 622.22(b)(1),
respectively, regarding an IFQ vessel account required to fish
for, possess, or land Gulf red snapper or Gulf groupers and
tilefishes and paragraph (a)(2) of this section regarding an
additional bottom longline endorsement required to fish for Gulf
reef fish with bottom longline gear in a portion of the eastern
Gulf.
(i) Limited access system for commercial vessel permits for
Gulf reef fish. (A) No applications for additional commercial
vessel permits for Gulf reef fish will be accepted. Existing
vessel permits may be renewed, are subject to the restriction on
transfer in paragraph (a)(1)(i)(B) of this section, and are
subject to the requirement for timely renewal in paragraph
(a)(1)(i)(C) of this section. An application for renewal or
transfer of a commercial vessel permit for Gulf reef fish will
not be considered complete until proof of purchase,
40
installation, activation, and operational status of an approved
VMS for the vessel receiving the permit has been verified by
NMFS VMS personnel.
(B) An owner of a permitted vessel may transfer the
commercial vessel permit for Gulf reef fish to another vessel
owned by the same entity. A permit holder may also transfer the
commercial vessel permit for Gulf reef fish to the owner of
another vessel or to a new vessel owner when he or she transfers
ownership of the permitted vessel.
(C) A commercial vessel permit for Gulf reef fish that is
not renewed or that is revoked will not be reissued. A permit is
considered to be not renewed when an application for renewal is
not received by the RA within 1 year of the expiration date of
the permit.
(ii) Option to consolidate commercial vessel permits for
Gulf reef fish. A person who has been issued multiple commercial
vessel permits for Gulf reef fish and wants to consolidate some
or all of those permits, and the landings histories associated
with those permits, into one permit must submit a completed
permit consolidation application to the RA. The permits
consolidated must be valid, non-expired permits and must be
issued to the same entity. The application form and instructions
are available online at sero.nmfs.noaa.gov. After consolidation,
such a person would have a single permit, and the permits that
were consolidated into that permit will be permanently
terminated.
(2) Commercial vessel endorsements--(i) Eastern Gulf reef
fish bottom longline endorsement. For a person aboard a vessel,
for which a valid commercial vessel permit for Gulf reef fish
has been issued, to use a bottom longline for Gulf reef fish in
the Gulf EEZ east of 85°30' W. long., a valid eastern Gulf reef
fish bottom longline endorsement must have been issued to the
vessel and must be on board. A permit or endorsement that has
expired is not valid. This endorsement must be renewed annually
and may only be renewed if the associated vessel has a valid
commercial vessel permit for Gulf reef fish or if the
endorsement and associated permit are being concurrently
renewed. The RA will not reissue this endorsement if the
endorsement is revoked or if the RA does not receive a complete
application for renewal of the endorsement within 1 year after
the endorsement's expiration date.
(A) Transferability. An owner of a vessel with a valid
eastern Gulf reef fish bottom longline endorsement may transfer
that endorsement to an owner of a vessel that has a valid
commercial vessel permit for Gulf reef fish.
(B) Fees. A fee is charged for each renewal, transfer, or
replacement of an eastern Gulf reef fish bottom longline
41
endorsement. The amount of each fee is calculated in accordance
with the procedures of the NOAA Finance Handbook, available from
the RA, for determining the administrative costs of each special
product or service. The fee may not exceed such costs and is
specified with each application form. The appropriate fee must
accompany each application for renewal, transfer, or
replacement.
(ii) [Reserved]
(b) Charter vessel/headboat permits. For a person aboard a
vessel that is operating as a charter vessel or headboat to fish
for or possess Gulf reef fish, in or from the EEZ, a valid
charter vessel/headboat permit for Gulf reef fish must have been
issued to the vessel and must be on board.
(1) Limited access system for charter vessel/headboat
permits for Gulf reef fish. No applications for additional
charter vessel/headboat permits for Gulf reef fish will be
accepted. Existing permits may be renewed, are subject to the
restrictions on transfer in paragraph (b)(1)(i) of this section,
and are subject to the renewal requirements in paragraph
(b)(1)(ii) of this section.
(i) Transfer of permits--(A) Permits without a historical
captain endorsement. A charter vessel/headboat permit for Gulf
reef fish that does not have a historical captain endorsement is
fully transferable, with or without sale of the permitted
vessel.
(B) Permits with a historical captain endorsement. A
charter vessel/headboat permit for Gulf reef fish that has a
historical captain endorsement may only be transferred to a
vessel operated by the historical captain and is not otherwise
transferable.
(C) Procedure for permit transfer. To request that the RA
transfer a charter vessel/headboat permit for Gulf reef fish,
the owner of the vessel who is transferring the permit and the
owner of the vessel that is to receive the transferred permit
must complete the transfer information on the reverse side of
the permit and return the permit and a completed application for
transfer to the RA. See § 622.4(f) for additional transfer-
related requirements applicable to all permits issued under this
part.
(ii) Renewal. (A) Renewal of a charter vessel/headboat
permit for Gulf reef fish is contingent upon the permitted
vessel and/or captain, as appropriate, being included in an
active survey frame for, and, if selected to report, providing
the information required in one of the approved fishing data
surveys. Surveys include, but are not limited to--
(1) NMFS' Marine Recreational Fishing Vessel Directory
Telephone Survey (conducted by the Gulf States Marine Fisheries
42
Commission);
(2) NMFS' Southeast Headboat Survey (as required by §
622.26(b)(1));
(3) Texas Parks and Wildlife Marine Recreational Fishing
Survey; or
(4) A data collection system that replaces one or more of
the surveys in paragraph (b)(1)(ii)(A),(1),(2), or (3) of this
section.
(B) A charter vessel/headboat permit for Gulf reef fish
that is not renewed or that is revoked will not be reissued. A
permit is considered to be not renewed when an application for
renewal, as required, is not received by the RA within 1 year of
the expiration date of the permit.
(iii) Requirement to display a vessel decal. Upon renewal
or transfer of a charter vessel/headboat permit for Gulf reef
fish, the RA will issue the owner of the permitted vessel a
vessel decal for Gulf reef fish. The vessel decal must be
displayed on the port side of the deckhouse or hull and must be
maintained so that it is clearly visible.
(iv) Passenger capacity compliance requirement. A vessel
operating as a charter vessel or headboat with a valid charter
vessel/headboat permit for Gulf reef fish, which is carrying
more passengers on board the vessel than is specified on the
permit, is prohibited from harvesting or possessing the species
identified on the permit.
(2) A charter vessel or headboat may have both a charter
vessel/headboat permit and a commercial vessel permit. However,
when a vessel is operating as a charter vessel or headboat, a
person aboard must adhere to the bag limits. See the definitions
of "Charter vessel" and "Headboat" in § 622.2 for an explanation
of when vessels are considered to be operating as a charter
vessel or headboat, respectively.
(3) If Federal regulations for Gulf reef fish in subparts A
or B of this part are more restrictive than state regulations, a
person aboard a charter vessel or headboat for which a charter
vessel/headboat permit for Gulf reef fish has been issued must
comply with such Federal regulations regardless of where the
fish are harvested.
(c) Dealer permits and conditions--(1) Permits. For a
dealer to first receive Gulf reef fish harvested in or from the
EEZ, a Gulf and South Atlantic dealer permit must be issued to
the dealer.
(2) State license and facility requirements. To obtain a
dealer permit or endorsement, the applicant must have a valid
state wholesaler's license in the state(s) where the dealer
operates, if required by such state(s), and must have a physical
facility at a fixed location in such state(s).
43
(d) Permit procedures. See § 622.4 for information
regarding general permit procedures including, but not limited
to application, fees, duration, transfer, renewal, display,
sanctions and denials, and replacement.
§ 622.21 Individual fishing quota (IFQ) program for Gulf red
snapper.
(a) General. This section establishes an IFQ program for
the commercial red snapper component of the Gulf reef fish
fishery. Shares determine the amount of Gulf red snapper IFQ
allocation, in pounds gutted weight, a shareholder is initially
authorized to possess, land, or sell in a given calendar year.
As of January 1, 2012, IFQ shares and allocation can only be
transferred to U.S. citizens and permanent resident aliens. See
paragraph (b)(11) of this section regarding eligibility to
participate in the Gulf red snapper IFQ program as of January 1,
2012. Shares and annual IFQ allocation are transferable. See
paragraph (b)(1) of this section regarding a requirement for a
vessel landing red snapper subject to this IFQ program to have a
Gulf red snapper IFQ vessel account. See paragraph (b)(2) of
this section regarding a requirement for a Gulf IFQ dealer
endorsement. Details regarding eligibility, applicable landings
history, account setup and transaction requirements, constraints
on transferability, and other provisions of this IFQ system are
provided in the following paragraphs of this section.
(1) Scope. The provisions of this section regarding the
harvest and possession of Gulf IFQ red snapper apply to Gulf red
snapper in or from the Gulf EEZ and, for a person aboard a
vessel with a Gulf red snapper IFQ vessel account as required by
paragraph (b)(1) of this section or for a person with a Gulf IFQ
dealer endorsement as required by paragraph (b)(2) of this
section, these provisions apply to Gulf red snapper regardless
of where harvested or possessed.
(2) Duration. The IFQ program established by this section
will remain in effect until it is modified or terminated;
however, the program will be evaluated by the Gulf of Mexico
Fishery Management Council every 5 years.
(3) Electronic system requirements. (i) The administrative
functions associated with this IFQ program, e.g., registration
and account setup, landing transactions, and transfers, are
designed to be accomplished online; therefore, a participant
must have access to a computer and Internet access and must set
up an appropriate IFQ account to participate. The computer must
have browser software installed, e.g., Internet Explorer or
Mozilla Firefox; as well as the software Adobe Flash Player
version 9.0 or greater, which may be downloaded from the
44
Internet for free. Assistance with online functions is available
from IFQ Customer Service by calling 1-866-425-7627 Monday
through Friday between 8 a.m. and 4:30 p.m. eastern time.
(ii) The RA mailed initial shareholders and dealers with
Gulf reef fish dealer permits information and instructions
pertinent to setting up an IFQ account. Other eligible persons
who desire to become IFQ participants by purchasing IFQ shares
or allocation or by obtaining a Gulf red snapper IFQ dealer
endorsement must first contact IFQ Customer Service at 1-866-
425-7627 to obtain information necessary to set up the required
IFQ account. As of January 1, 2012, all U.S. citizens and
permanent resident aliens are eligible to establish an IFQ
account. As of January 1, 2012, all current IFQ participants
must complete and submit the application for an IFQ Account to
certify their citizenship status and ensure their account
information (e.g., mailing address, corporate shareholdings,
etc.) is up to date. See § 622.21(b)(11) regarding requirements
for the application for an IFQ Account. Each IFQ participant
must monitor his/her online account and all associated messages
and comply with all IFQ online reporting requirements.
(iii) During catastrophic conditions only, the IFQ program
provides for use of paper-based components for basic required
functions as a backup. The RA will determine when catastrophic
conditions exist, the duration of the catastrophic conditions,
and which participants or geographic areas are deemed affected
by the catastrophic conditions. The RA will provide timely
notice to affected participants via publication of notification
in the Federal Register, NOAA weather radio, fishery bulletins,
and other appropriate means and will authorize the affected
participants’ use of paper-based components for the duration of
the catastrophic conditions. NMFS will provide each IFQ dealer
the necessary paper forms, sequentially coded, and instructions
for submission of the forms to the RA. The paper forms will also
be available from the RA. The program functions available to
participants or geographic areas deemed affected by catastrophic
conditions will be limited under the paper-based system. There
will be no mechanism for transfers of IFQ shares or allocation
under the paper-based system in effect during catastrophic
conditions. Assistance in complying with the requirements of the
paper-based system will be available via IFQ Customer Service 1-
866-425-7627 Monday through Friday between 8 a.m. and 4:30 p.m.
eastern time.
(4) IFQ allocation. IFQ allocation is the amount of Gulf
red snapper, in pounds gutted weight, an IFQ shareholder or
allocation holder is authorized to possess, land, or sell during
a given fishing year. IFQ allocation is derived at the beginning
of each year by multiplying a shareholder’s IFQ share times the
45
annual commercial quota for Gulf red snapper. If the quota is
increased after the beginning of the fishing year, then IFQ
allocation is derived by multiplying a shareholder’s IFQ share
at the time of the quota increase by the amount the annual
commercial quota for red snapper is increased.
(5) Closing an IFQ account. IFQ account holders may close
an IFQ account by completing and submitting a Close IFQ Account
Request Form to NMFS. This form must be signed by an account
holder named on the IFQ account. If the request to close an IFQ
account is being made because the sole account holder is
deceased, the person requesting the closure must sign the Close
IFQ Account Request Form, indicating the relationship to the
deceased, provide a death certificate, and provide any
additional information NMFS determines is necessary to complete
the request. IFQ shareholder accounts may not be closed until
all shares and allocation have been transferred from the account
to another IFQ account holder. Dealer accounts may not be closed
until all cost recovery fees have been received by NMFS. NMFS’
IFQ Customer Service staff may close an IFQ account if all
shares and allocation have been transferred from the account,
all cost recovery fees have been received by NMFS, and no
landing transactions or IFQ transfers have been completed by the
IFQ account holder in at least 1 year. If an account is closed
by NMFS’ IFQ Customer Service staff, it may be reopened at the
request of the IFQ account holder by contacting IFQ Customer
Service.
(b) IFQ operations and requirements--(1) IFQ vessel
accounts for Gulf red snapper. For a person aboard a vessel, for
which a commercial vessel permit for Gulf reef fish has been
issued, to fish for, possess, or land Gulf red snapper,
regardless of where harvested or possessed, a Gulf IFQ vessel
account for Gulf red snapper must have been established. As a
condition of the IFQ vessel account, a person aboard such vessel
must comply with the requirements of this section, § 622.21,
when fishing for red snapper regardless of where the fish are
harvested or possessed. An owner of a vessel with a commercial
vessel permit for Gulf reef fish, who has established an IFQ
account for Gulf red snapper as specified in paragraph (a)(3)(i)
of this section, online via the NMFS IFQ Web site
https://portal.southeast.fisheries.noaa.gov/cs/main.html, may
establish a vessel account through that IFQ account for that
permitted vessel. If such owner does not have an online IFQ
account, the owner must first contact IFQ Customer Service at 1-
866-425-7627 to obtain information necessary to access the IFQ
Web site and establish an online IFQ account. There is no fee to
set-up an IFQ account or a vessel account. Only one vessel
account may be established per vessel under each IFQ program. An
46
owner with multiple vessels may establish multiple vessel
accounts under each IFQ account. The purpose of the vessel
account is to hold IFQ allocation that is required to land the
applicable IFQ species. A vessel account, or its linked IFQ
shareholder account, must hold sufficient IFQ allocation, at
least equal to the pounds in gutted weight of the red snapper on
board at the time of advance notice of landing. Allocation must
be transferred to the vessel account, so that the vessel account
holds sufficient IFQ allocation at the time of the landing
transaction (except for any overage allowed as specified in
paragraph (b)(3)(ii) of this section). The vessel account
remains valid as long as the vessel permit remains valid; the
vessel has not been sold or transferred; and the vessel owner is
in compliance with all Gulf reef fish and IFQ reporting
requirements, has paid all applicable IFQ fees, and is not
subject to sanctions under 15 CFR part 904. The vessel account
is not transferable to another vessel. The provisions of this
paragraph do not apply to fishing for or possession of Gulf red
snapper under the bag limit specified in § 622.38(b)(3).
(2) Gulf IFQ dealer endorsements. In addition to the
requirement for a Gulf and South Atlantic dealer permit as
specified in § 622.20(c)(1), for a dealer to first receive red
snapper subject to the IFQ program for Gulf red snapper, as
specified in paragraph (a)(1) of this section, or for a person
aboard a vessel with a Gulf IFQ vessel account to sell such red
snapper directly to an entity other than a dealer, such persons
must also have a Gulf IFQ dealer endorsement. A dealer with a
Gulf and South Atlantic dealer permit can download a Gulf IFQ
dealer endorsement from the NMFS IFQ Web site. If such persons
do not have an IFQ account, they must first contact IFQ Customer
Service at 1-866-425-7627 to obtain information necessary to
access the IFQ Web site and establish an IFQ account. There is
no fee for obtaining this endorsement. The endorsement remains
valid as long as the Gulf and South Atlantic dealer permit
remains valid and the dealer is in compliance with all Gulf reef
fish and IFQ reporting requirements, has paid all IFQ fees
required, and is not subject to any sanctions under 15 CFR part
904. The endorsement is not transferable.
(3) IFQ Landing and transaction requirements. (i) At the
time of advance notice of landing, the IFQ vessel account, or
its linked IFQ shareholder account, must contain allocation at
least equal to the pounds in gutted weight of red snapper to be
landed, except as provided in paragraph (b)(3)(ii) of this
section. At the time of the landing transaction, the IFQ vessel
account must contain allocation at least equal to the pounds in
gutted weight of red snapper to be landed, except as provided in
paragraph (b)(3)(ii) of this section. Such red snapper must be
47
sold and can be received only by a dealer who has a valid Gulf
IFQ dealer endorsement and an active IFQ dealer account (i.e.,
not in delinquent status). All IFQ landings and their actual ex-
vessel prices must be reported via the IFQ Web site.
(ii) A person on board a vessel with an IFQ vessel account
landing the shareholder’s only remaining allocation, can legally
exceed, by up to 10 percent, the shareholder’s allocation
remaining on that last fishing trip of the fishing year, i.e., a
one-time per fishing year overage. Any such overage will be
deducted from the shareholder’s applicable allocation for the
subsequent fishing year. From the time of the overage until
January 1 of the subsequent fishing year, the IFQ shareholder
must retain sufficient shares to account for the allocation that
will be deducted the subsequent fishing year. Share transfers
that would violate this requirement will be prohibited.
(iii) The dealer must complete a landing transaction report
for each landing of Gulf red snapper via the IFQ Web site on the
day of offload, except if the fish are being trailered for
transport to a dealer as specified in paragraph (b)(5)(iv) of
this section (in which case the landing transaction report may
be completed prior to the day of offload), and within 96 hours
from the time of landing reported on the most recent landing
notification, in accordance with the reporting form(s) and
instructions provided on the Web site. This report includes
date, time, and location of transaction; weight and actual ex-
vessel price of red snapper landed and sold (when calculating
the weight of IFQ red snapper during a landing transaction, ice
and water weight may not be deducted from the weight of the fish
unless the actual weight of the ice and water can be
determined); and information necessary to identify the
fisherman, vessel, and dealer involved in the transaction. The
fisherman must validate the dealer transaction report by
entering his unique PIN when the transaction report is
submitted. After the dealer submits the report and the
information has been verified, the Web site will send a
transaction approval code to the dealer and the allocation
holder.
(iv) If there is a discrepancy regarding the landing
transaction report after approval, the dealer or vessel account
holder (or his or her authorized agent) must initiate a landing
transaction correction form to correct the landing transaction.
This form is available via the IFQ Web site. The dealer must
then print out the form, both parties must sign it, and the form
must be mailed to NMFS. The form must be received by NMFS no
later than 15 days after the date of the initial landing
transaction.
(4) IFQ cost recovery fees. As required by section
48
304(d)(2)(A)(i) of the Magnuson-Stevens Act, the RA will collect
a fee to recover the actual costs directly related to the
management and enforcement of the Gulf red snapper IFQ program.
The fee cannot exceed 3 percent of the ex-vessel value of Gulf
red snapper landed under the IFQ program as described in the
Magnuson-Stevens Act. Such fees will be deposited in the Limited
Access System Administration Fund (LASAF). Initially, the fee
will be 3 percent of the actual ex-vessel price of Gulf red
snapper landed per trip under the IFQ program, as documented in
each landings transaction report. The RA will review the cost
recovery fee annually to determine if adjustment is warranted.
Factors considered in the review include the catch subject to
the IFQ cost recovery, projected ex-vessel value of the catch,
costs directly related to the management and enforcement of the
IFQ program, the projected IFQ balance in the LASAF, and
expected non-payment of fee liabilities. If the RA determines
that a fee adjustment is warranted, the RA will publish a
notification of the fee adjustment in the Federal Register.
(i) Payment responsibility. The IFQ allocation holder
specified in the documented red snapper IFQ landing transaction
report is responsible for payment of the applicable cost
recovery fees.
(ii) Collection and submission responsibility. A dealer who
receives Gulf red snapper subject to the IFQ program is
responsible for collecting the applicable cost recovery fee for
each IFQ landing from the IFQ allocation holder specified in the
IFQ landing transaction report. Such dealer is responsible for
submitting all applicable cost recovery fees to NMFS on a
quarterly basis. The fees are due and must be submitted, using
pay.gov via the IFQ system at the end of each calendar-year
quarter, but no later than 30 days after the end of each
calendar-year quarter. Fees not received by the deadline are
delinquent.
(iii) Fee payment procedure. For each IFQ dealer, the IFQ
system will post, on individual message boards, an end-of-
quarter statement of cost recovery fees that are due. The dealer
is responsible for submitting the cost recovery fee payments
using pay.gov via the IFQ system. Authorized payments methods
are credit card, debit card, or automated clearing house (ACH).
Payment by check will be authorized only if the RA has
determined that the geographical area or an individual(s) is
affected by catastrophic conditions.
(iv) Fee reconciliation process--delinquent fees. The
following procedures apply to an IFQ dealer whose cost recovery
fees are delinquent.
(A) On or about the 31st day after the end of each
calendar-year quarter, the RA will send the dealer an electronic
49
message via the IFQ Web site and official notice via mail
indicating the applicable fees are delinquent, and the dealer’s
IFQ account has been suspended pending payment of the applicable
fees.
(B) On or about the 91st day after the end of each
calendar-year quarter, the RA will refer any delinquent IFQ
dealer cost recovery fees to the appropriate authorities for
collection of payment.
(5) Measures to enhance IFQ program enforceability--(i)
Advance notice of landing--(A) General requirement. For the
purpose of this paragraph, landing means to arrive at a dock,
berth, beach, seawall, or ramp. The owner or operator of a
vessel landing IFQ red snapper is responsible for ensuring that
NMFS is contacted at least 3 hours, but no more than 24 hours,
in advance of landing to report the time and location of
landing, estimated red snapper landings in pounds gutted weight,
vessel identification number (Coast Guard registration number or
state registration number), and the name and address of the IFQ
dealer(s) where the red snapper are to be received. The vessel
must land within 1 hour after the time given in the landing
notification except as provided in paragraph (b)(5)(i)(C) of
this section. The vessel landing red snapper must have
sufficient IFQ allocation in the IFQ vessel account, or its
linked IFQ shareholder account, at least equal to the pounds in
gutted weight of all red snapper on board (except for any
overage up to the 10 percent allowed on the last fishing trip)
at the time of the advance notice of landing.
(B) Submitting an advanced landing notification. Authorized
methods for contacting NMFS and submitting the report include
calling IFQ Customer Service at 1-866-425-7627, completing and
submitting to NMFS a landing notification provided through the
VMS unit, or providing the required information to NMFS through
the web-based form available on the IFQ Web site.
(C) Landing prior to the notification time. The owner or
operator of a vessel that has completed a landing notification
and submitted it to NMFS may land prior to the notification
time, only if an authorized officer is present at the landing
site, is available to meet the vessel, and has authorized the
owner or operator of the vessel to land early.
(D) Changes to a landing notification. The owner or
operator of a vessel who has submitted a landing notification to
NMFS may make changes to the notification by submitting a
superseding notification. If the initial superseding
notification makes changes to one or more of the following: the
time of landing (if landing more than 1 hour after the time on
the notification), the dealer(s), or the estimated weights of
fish to be landed, the vessel does not need to wait an
50
additional 3 hours to land. If the initial superseding
notification makes changes to the landing location, the time of
landing is earlier than previously specified, or more than one
superseding notification is submitted on a trip, the vessel must
wait an additional 3 hours to land, except as provided in
paragraph (b)(5)(i)(C) of this section.
(ii) Time restriction on offloading. For the purpose of
this paragraph, offloading means to remove IFQ red snapper from
a vessel. IFQ red snapper may be offloaded only between 6 a.m.
and 6 p.m., local time, unless an authorized officer is present
at the offloading at 6 p.m., is available to remain at the site
while offloading continues, and authorizes the owner or operator
of the vessel to continue offloading after 6 p.m., local time.
(iii) Restrictions on transfer of IFQ red snapper. At-sea
or dockside transfer of IFQ red snapper from one vessel to
another vessel is prohibited.
(iv) Requirement for transaction approval code. If IFQ red
snapper are offloaded to a vehicle for transport or are on a
vessel that is trailered for transport, on-site capability to
accurately weigh the fish and to connect electronically to the
online IFQ system to complete the transaction and obtain the
transaction approval code is required. After a landing
transaction has been completed, a transaction approval code
verifying a legal transaction of the amount of IFQ red snapper
in possession and a copy of the dealer endorsement must
accompany any IFQ red snapper from the landing location through
possession by a dealer. This requirement also applies to IFQ red
snapper possessed on a vessel that is trailered for transport. A
dealer may only receive IFQ red snapper transported by a vehicle
or a trailered vessel that has a corresponding transaction
approval code.
(v) Approved landing locations. IFQ red snapper must be
landed at an approved landing location. Landing locations must
be approved by NMFS Office for Law Enforcement prior to a vessel
landing IFQ red snapper at these sites. Proposed landing
locations may be submitted online via the IFQ Web site, or by
calling IFQ Customer Service at 1-866-425-7627, at any time;
however, new landing locations will be approved only at the end
of each calendar-year quarter. To have a landing location
approved by the end of the calendar-year quarter, it must be
submitted at least 45 days before the end of the calendar-year
quarter. NMFS will evaluate the proposed sites based on, but not
limited to, the following criteria:
(A) Landing locations must have a street address. If there
is no street address on record for a particular landing
location, global positioning system (GPS) coordinates for an
identifiable geographic location must be provided.
51
(B) Landing locations must be publicly accessible by land
and water, and must satisfy the following criteria:
(1) Vehicles must have access to the site via public roads;
(2) Vessels must have access to the site via navigable
waters;
(3) No other condition may impede free and immediate access
to the site by an authorized law enforcement officer. Examples
of such conditions include, but are not limited to: A locked
gate, fence, wall, or other barrier preventing 24-hour access to
the site; a gated community entry point; a guard animal; a
posted sign restricting access to the site; or any other
physical deterrent.
(6) Transfer of IFQ shares and allocation. Until January 1,
2012, IFQ shares and allocations can be transferred only to a
person who holds a valid commercial vessel permit for Gulf reef
fish; thereafter, IFQ shares and allocations can be transferred
only to a U.S. citizen or permanent resident alien. However, a
valid commercial permit for Gulf reef fish, a Gulf red snapper
IFQ vessel account, and Gulf red snapper IFQ allocation are
required to possess (at and after the time of the advance notice
of landing), land or sell Gulf red snapper subject to this IFQ
program.
(i) Share transfers. Share transfers are permanent, i.e.,
they remain in effect until subsequently transferred. Transfer
of shares will result in the corresponding allocation being
automatically transferred to the person receiving the
transferred share beginning with the fishing year following the
year the transfer occurred. However, within the fishing year the
share transfer occurs, transfer of shares and associated
allocation are independent--unless the associated allocation is
transferred separately, it remains with the transferor for the
duration of that fishing year. A share transfer transaction that
remains in pending status, i.e., has not been completed and
verified with a transaction approval code, after 30 days from
the date the shareholder initiated the transfer will be
cancelled, and the pending shares will be re-credited to the
shareholder who initiated the transfer.
(ii) Share transfer procedures. Share transfers must be
accomplished online via the IFQ Web site. An IFQ shareholder
must initiate a share transfer request by logging onto the IFQ
Web site. Following the instructions provided on the IFQ Web
site, the shareholder must enter pertinent information regarding
the transfer request including, but not limited to, amount of
shares to be transferred, which must be a minimum of 0.000001
percent; name of the eligible transferee; and the value of the
transferred shares. An IFQ shareholder who is subject to a
sanction under 15 CFR part 904 is prohibited from initiating a
52
share transfer. An IFQ shareholder who is subject to a pending
sanction under 15 CFR part 904 must disclose in writing to the
prospective transferee the existence of any pending sanction at
the time of the transfer. For the first 5 years this IFQ program
is in effect, an eligible transferee is a person who has a valid
commercial vessel permit for Gulf reef fish; is in compliance
with all reporting requirements for the Gulf reef fish fishery
and the red snapper IFQ program; is not subject to sanctions
under 15 CFR part 904; and who would not be in violation of the
share cap as specified in paragraph (b)(8) of this section.
Thereafter, share transferee eligibility will only include U.S.
citizens and permanent resident aliens who are otherwise in
compliance with the provisions of this section. The online
system will verify the transfer information entered. If the
information is not accepted, the online system will send the
shareholder an electronic message explaining the reason(s) why
the transfer request cannot be completed. If the information is
accepted, the online system will send the transferee an
electronic message of the pending transfer. The transferee must
approve the share transfer by electronic signature. If the
transferee approves the share transfer, the online system will
send a transaction approval code to both the transferor and
transferee confirming the transaction. All share transfers must
be completed and the transaction approval code received prior to
December 31 at 6 p.m. eastern time each year.
(iii) Allocation transfers. An allocation transfer is valid
only for the remainder of the fishing year in which it occurs;
it does not carry over to the subsequent fishing year. Any
allocation that is unused at the end of the fishing year is
void. Allocation may be transferred to a vessel account from any
IFQ account. Allocation held in a vessel account, however, may
only be transferred back to the IFQ account through which the
vessel account was established.
(iv) Allocation transfer procedures. Allocation transfers
must be accomplished online via the IFQ Web site. An IFQ account
holder must initiate an allocation transfer by logging onto the
IFQ Web site, entering the required information, including but
not limited to, name of an eligible transferee and amount of IFQ
allocation to be transferred and price, and submitting the
transfer electronically. An IFQ allocation holder who is subject
to a sanction under 15 CFR part 904 is prohibited from
initiating an allocation transfer. An IFQ allocation holder who
is subject to a pending sanction under 15 CFR part 904 must
disclose in writing to the prospective transferee the existence
of any pending sanction at the time of the transfer. If the
transfer is approved, the online system will provide a
transaction approval code to the transferor and transferee
53
confirming the transaction.
(7) Restricted transactions during the 20-hour online
maintenance window. All electronic IFQ transactions must be
completed by December 31 at 6 p.m. eastern time each year.
Electronic IFQ functions will resume again on January 1 at 2
p.m. eastern time the following fishing year. The remaining 6
hours prior to the end of the fishing year, and the 14 hours at
the beginning of the next fishing year, are necessary to provide
NMFS time to reconcile IFQ accounts, adjust allocations for the
upcoming year if the commercial quotas for Gulf red snapper have
changed, and update shares and allocations for the upcoming
fishing year. No electronic IFQ transactions will be available
during these 20 hours. An advance notice of landing may still be
submitted during the 20-hour maintenance window by using the
vessel's VMS unit or calling IFQ Customer Service at 1-866-425-
7627.
(8) IFQ share cap. No person, including a corporation or
other entity, may individually or collectively hold IFQ shares
in excess of 6.0203 percent of the total shares. For the
purposes of considering the share cap, a corporation’s total IFQ
share is determined by adding the applicable IFQ shares held by
the corporation and any other IFQ shares held by a
corporation(s) owned by the original corporation prorated based
on the level of ownership. An individual’s total IFQ share is
determined by adding the applicable IFQ shares held by the
individual and the applicable IFQ shares equivalent to the
corporate share the individual holds in a corporation.
Initially, a corporation must provide the RA the identity of the
shareholders of the corporation and their percent of shares in
the corporation, and provide updated information to the RA
within 30 days of when changes occur. This information must also
be provided to the RA any time a commercial vessel permit for
Gulf reef fish is renewed or transferred and at the time of
renewal of the application for an IFQ Account.
(9) Redistribution of shares resulting from permanent
revocation. If a shareholder’s IFQ shares have been permanently
revoked, the RA will redistribute the IFQ shares held by that
shareholder proportionately among remaining shareholders
(subject to cap restrictions) based upon the amount of shares
each held just prior to the redistribution. During December of
each year, the RA will determine the amount of revoked shares,
if any, to be redistributed, and the shares will be distributed
at the beginning of the subsequent fishing year.
(10) Annual recalculation and notification of IFQ shares
and allocation. On or about January 1 each year, IFQ
shareholders will be notified, via the IFQ Web site, of their
IFQ share and allocation for the upcoming fishing year. These
54
updated share values will reflect the results of applicable
share transfers and any redistribution of shares (subject to cap
restrictions) resulting from permanent revocation of applicable
shares. Updated allocation values will reflect any change in IFQ
share, any change in the annual commercial quota for Gulf red
snapper, and any debits required as a result of prior fishing
year overages as specified in paragraph (b)(3)(ii) of this
section. IFQ participants can monitor the status of their shares
and allocation throughout the year via the IFQ Web site.
(11) Eligibility to participate in the Gulf red snapper IFQ
program as of January 1, 2012. The provisions of paragraph
(b)(11) of this section apply to all eligible participants for
the Gulf red snapper IFQ program beginning January 1, 2012. In
addition to eligible participants who already participate in the
Gulf red snapper IFQ program, as of January 1, 2012, all U.S.
citizens and permanent resident aliens who are in compliance
with the provisions of this section are eligible and may
participate in the Gulf red snapper IFQ program as shareholders
and allocation holders. The requirements to meet the definition
of a U.S. citizen are described in the Immigration and
Nationality Act of 1952, as amended, and permanent resident
aliens are those individuals who have been lawfully accorded the
privilege of residing permanently in the U.S. in accordance with
U.S. immigration laws. In order to harvest and possess Gulf IFQ
red snapper, the requirements for a Gulf red snapper IFQ vessel
account, as specified in paragraph (b)(1) of this section, or a
Gulf IFQ dealer endorsement, as specified in paragraph (b)(2) of
this section apply.
(i) Gulf red snapper IFQ program participation for current
red snapper IFQ account holders. A current participant in the
red snapper IFQ program must complete and submit the application
for an IFQ Account that is available on the Web site
sero.nmfs.noaa.gov, to certify status as a U.S. citizen or
permanent resident alien. The IFQ account holder must also
complete and submit any other information on this form that may
be necessary for the administration of the IFQ account. A person
with an established IFQ account must update and confirm the
account information every 2 years. IFQ accounts are updated
through the submission of the application for an IFQ Account.
Accounts must be updated prior to the account validity date
(expiration date of the account) that is displayed on each
account holder's IFQ account page. The RA will provide each
participant who has established an online account, with an
application approximately 2 months prior to the account validity
date. A participant who is not provided an application at least
45 days prior to the account validity date must contact IFQ
Customer Service at 1-866-425-7627 and request an application.
55
Failure to submit a completed application prior to the account
validity date will lead to the suspension of the participant's
IFQ account until a completed application is submitted. After
January 1, 2012, participants who certify that they are either
not U.S. citizens or permanent resident aliens will be
ineligible to receive shares or allocation through transfer.
(ii) Gulf red snapper IFQ program participation for
entities that do not currently possess an IFQ account. The
following procedures apply to U.S citizens or permanent resident
aliens who are not otherwise described in either paragraphs (a)
or (b)(11)(i) of this section.
(A) To establish an IFQ account, a person must first
complete the application for an IFQ Account that is available on
the Web site sero.nmfs.noaa.gov. An applicant for an IFQ account
under this paragraph must provide the following;
(1) Name; address; telephone number; date of birth; tax
identification number; certification of status as either a U.S.
citizen or permanent resident alien; and if a corporation, a
list of all officers, directors, shareholders, and registered
agents of the business; and other identifying information as
specified on the application.
(2) Any other information that may be necessary for the
establishment or administration of the IFQ account.
(B) Completed applications and all required supporting
documentation must be submitted to the RA. There is no fee to
access the Web site or establish an IFQ account. An applicant
that submits an incomplete application will be contacted by the
RA to correct any deficiencies. If an applicant fails to correct
the deficiency within 30 days of being notified of the deficient
application, the application will be considered abandoned.
(C) After an applicant submits a completed application for
an IFQ account, the RA will mail the applicant general
instructions regarding procedures related to the IFQ online
system, including how to set up an online account and a user
identification number--the personal identification number (PIN)
will be provided in a subsequent letter.
(D) A participant who has established an IFQ account must
notify the RA within 30 days after there is any change in the
information submitted through the application for an IFQ
Account. The IFQ account is void if any change in the
application information is not reported within 30 days.
(E) A person who has established an IFQ account must update
and confirm the account information every 2 years. IFQ accounts
are updated through the submission of the application for an IFQ
Account. Accounts must be updated prior to the account validity
date (expiration date of the account) that is displayed on each
account holder's IFQ account page. The RA will mail each
56
participant who has established an online account an application
approximately 2 months prior to the Account Validity Date. A
participant who does not receive an application at least 45 days
prior to the Account Validity Date must contact IFQ Customer
Service at 1-866-425-7627 and request an application. Failure to
submit a completed application prior to the account validity
date will lead to the suspension of the IFQ account until a
completed application is submitted.
(F) For information regarding transfer of IFQ shares and
allocation, the IFQ share cap, and the annual recalculation and
notification of IFQ shares and allocation, see paragraphs
(b)(6), (b)(8), and (b)(10) of this section, respectively.
(G) Participation in the Gulf red snapper IFQ program
beyond transferring IFQ shares and allocation is explained in
paragraphs (a) through (b)(10) of this section.
§ 622.22 Individual fishing quota (IFQ) program for Gulf
groupers and tilefishes.
(a) General. This section establishes an IFQ program for
the commercial sectors of the Gulf reef fish fishery for
groupers (including DWG, red grouper, gag, and Other SWG) and
tilefishes (including goldface tilefish, blueline tilefish, and
tilefish). For the purposes of this IFQ program, DWG includes
yellowedge grouper, warsaw grouper, snowy grouper, speckled
hind, and scamp, but only as specified in paragraph (a)(7) of
this section. For the purposes of this IFQ program, Other SWG
includes black grouper, scamp, yellowfin grouper, yellowmouth
grouper, warsaw grouper, and speckled hind, but only as
specified in paragraph (a)(6) of this section. Under the IFQ
program, the RA initially will assign eligible participants IFQ
shares, in five share categories. These IFQ shares are
equivalent to a percentage of the annual commercial quotas for
DWG, red grouper, gag, Other SWG, and tilefishes, based on their
applicable historical landings. Shares determine the amount of
IFQ allocation for Gulf groupers and tilefishes, in pounds
gutted weight, a shareholder is initially authorized to possess,
land, or sell in a given calendar year. Shares and annual IFQ
allocation are transferable. See paragraph (b)(1) of this
section regarding a requirement for a vessel landing groupers or
tilefishes subject to this IFQ program to have an IFQ vessel
account for Gulf groupers and tilefishes. See paragraph (b)(2)
of this section regarding a requirement for a Gulf IFQ dealer
endorsement. Details regarding eligibility, applicable landings
history, account setup and transaction requirements, constraints
on transferability, and other provisions of this IFQ system are
provided in the following paragraphs of this section.
57
(1) Scope. The provisions of this section apply to Gulf
groupers and tilefishes in or from the Gulf EEZ and, for a
person aboard a vessel with an IFQ vessel account for Gulf
groupers and tilefishes as required by paragraph (b)(1) of this
section or for a person with a Gulf IFQ dealer endorsement as
required by paragraph (b)(2) of this section, these provisions
apply to Gulf groupers and tilefishes regardless of where
harvested or possessed.
(2) Duration. The IFQ program established by this section
will remain in effect until it is modified or terminated;
however, the program will be evaluated by the Gulf of Mexico
Fishery Management Council every 5 years.
(3) Electronic system requirements. (i) The administrative
functions associated with this IFQ program, e.g., registration
and account setup, landing transactions, and transfers, are
designed to be accomplished online; therefore, a participant
must have access to a computer and Internet access and must set
up an appropriate IFQ account to participate. The computer must
have browser software installed, e.g. Internet Explorer or
Mozilla Firefox; as well as the software Adobe Flash Player
version 9.0 or greater, which may be downloaded from the
Internet for free. Assistance with online functions is available
from IFQ Customer Service by calling 1-866-425-7627 Monday
through Friday between 8 a.m. and 4:30 p.m. eastern time.
(ii) The RA will mail initial shareholders and dealers with
Gulf reef fish dealer permits information and instructions
pertinent to setting up an IFQ account. Other eligible persons
who desire to become IFQ participants by purchasing IFQ shares
or allocation or by obtaining a Gulf IFQ dealer endorsement must
first contact IFQ Customer Service at 1-866-425-7627 to obtain
information necessary to set up the required IFQ account. All
current IFQ participants must complete and submit the
application for an IFQ Account to certify their citizenship
status and ensure their account information (e.g., mailing
address, corporate shareholdings, etc.) is up to date. See
paragraph (b)(11) of this section regarding requirements for the
application for an IFQ Account. Each IFQ participant must
monitor his/her online account and all associated messages and
comply with all IFQ online reporting requirements.
(iii) During catastrophic conditions only, the IFQ program
provides for use of paper-based components for basic required
functions as a backup. The RA will determine when catastrophic
conditions exist, the duration of the catastrophic conditions,
and which participants or geographic areas are deemed affected
by the catastrophic conditions. The RA will provide timely
notice to affected participants via publication of notification
in the Federal Register, NOAA weather radio, fishery bulletins,
58
and other appropriate means and will authorize the affected
participants’ use of paper-based components for the duration of
the catastrophic conditions. NMFS will provide each IFQ dealer
the necessary paper forms, sequentially coded, and instructions
for submission of the forms to the RA. The paper forms will also
be available from the RA. The program functions available to
participants or geographic areas deemed affected by catastrophic
conditions will be limited under the paper-based system. There
will be no mechanism for transfers of IFQ shares or allocation
under the paper-based system in effect during catastrophic
conditions. Assistance in complying with the requirements of the
paper-based system will be available via IFQ Customer Service 1-
866-425-7627 Monday through Friday between 8 a.m. and 4:30 p.m.
eastern time.
(4) IFQ allocation. IFQ allocation is the amount of Gulf
groupers and tilefishes, in pounds gutted weight, an IFQ
shareholder or allocation holder is authorized to possess, land,
or sell during a given fishing year. IFQ allocation for the five
respective share categories is derived at the beginning of each
year by multiplying a shareholder’s IFQ share times the annual
commercial quota for gag, red grouper, DWG, Other SWG and
tilefishes. If a quota is increased after the beginning of the
fishing year, then IFQ allocation is derived by multiplying a
shareholder’s IFQ share at the time of the quota increase by the
amount the annual commercial quota is increased.
(5) Red grouper and gag multi-use allocation--(i) Red
grouper multi-use allocation. (A) At the time the commercial
quota for red grouper is distributed to IFQ shareholders, a
percentage of each shareholder's initial red grouper allocation
will be converted to red grouper multi-use allocation. Red
grouper multi-use allocation, determined annually, will be based
on the following formula:
Red Grouper multi-use allocation (in percent) = 100 *
[Gag ACL - Gag commercial quota]/Red grouper
commercial quota
(B) Red grouper multi-use allocation may be used to
possess, land, or sell either red grouper or gag under certain
conditions. Red grouper multi-use allocation may be used to
possess, land, or sell red grouper only after an IFQ account
holder's (shareholder or allocation holder's) red grouper
allocation has been landed and sold, or transferred; and to
possess, land, or sell gag, only after both gag and gag multi-
use allocation have been landed and sold, or transferred.
However, if gag is under a rebuilding plan, the percentage of
red grouper multi-use allocation is equal to zero.
(ii) Gag multi-use allocation. (A) At the time the
commercial quota for gag is distributed to IFQ shareholders, a
59
percentage of each shareholder's initial gag allocation will be
converted to gag multi-use allocation. Gag multi-use allocation,
determined annually, will be based on the following formula:
Gag multi-use allocation (in percent) = 100 * [Red
grouper ACL - Red grouper commercial quota]/Gag
commercial quota
(B) Gag multi-use allocation may be used to possess, land,
or sell either gag or red grouper under certain conditions. Gag
multi-use allocation may be used to possess, land, or sell gag
only after an IFQ account holder's (shareholder or allocation
holder's) gag allocation has been landed and sold, or
transferred; and to possess, land, or sell red grouper, only
after both red grouper and red grouper multi-use allocation have
been landed and sold, or transferred. Multi-use allocation
transfer procedures and restrictions are specified in paragraph
(b)(6)(iv) of this section. However, if red grouper is under a
rebuilding plan, the percentage of gag multi-use allocation is
equal to zero.
(6) Warsaw grouper and speckled hind classification. Warsaw
grouper and speckled hind are considered DWG species and under
certain circumstances SWG species. For the purposes of the IFQ
program for Gulf groupers and tilefishes, after all of an IFQ
account holder’s DWG allocation has been landed and sold, or
transferred, or if an IFQ account holder has no DWG allocation,
then Other SWG allocation may be used to land and sell warsaw
grouper and speckled hind.
(7) Scamp classification. Scamp is considered a SWG species
and under certain circumstances a DWG. For the purposes of the
IFQ program for Gulf groupers and tilefishes, after all of an
IFQ account holder’s Other SWG allocation has been landed and
sold, or transferred, or if an IFQ account holder has no SWG
allocation, then DWG allocation may be used to land and sell
scamp.
(8) Closing an IFQ account. IFQ account holders may close
an IFQ account by completing and submitting a Close IFQ Account
Request Form to NMFS. This form must be signed by an account
holder named on the IFQ account. If the request to close an IFQ
account is being made because the sole account holder is
deceased, the person requesting the closure must sign the Close
IFQ Account Request Form, indicating the relationship to the
deceased, provide a death certificate, and provide any
additional information NMFS determines is necessary to complete
the request. IFQ shareholder accounts may not be closed until
all shares and allocation have been transferred from the account
to another IFQ account holder. Dealer accounts may not be closed
until all cost recovery fees have been received by NMFS. NMFS’
IFQ Customer Service staff may close an IFQ account if all
60
shares and allocation have been transferred from the account,
all cost recovery fees have been received by NMFS, and no
landing transactions or IFQ transfers have been completed by the
IFQ account holder in at least 1 year. If an account is closed
by NMFS’ IFQ Customer Service staff, it may be reopened at the
request of the IFQ account holder by contacting IFQ Customer
Service.
(b) IFQ operations and requirements--(1) IFQ vessel
accounts for Gulf groupers and tilefishes. For a person aboard a
vessel, for which a commercial vessel permit for Gulf reef fish
has been issued, to fish for, possess, or land Gulf groupers
(including DWG and SWG, as specified in paragraph (a) of this
section or tilefishes (including goldface tilefish, blueline
tilefish, and tilefish), regardless of where harvested or
possessed, a Gulf IFQ vessel account for the applicable species
or species groups must have been established. As a condition of
the IFQ vessel account, a person aboard such vessel must comply
with the requirements of this section, § 622.22, when fishing
for groupers or tilefishes regardless of where the fish are
harvested or possessed. An owner of a vessel with a commercial
vessel permit for Gulf reef fish, who has established an IFQ
account for the applicable species, as specified in paragraph
(a)(3)(i) of this section, online via the NMFS IFQ Web site
https://portal.southeast.fisheries.noaa.gov/cs/main.html, may
establish a vessel account through that IFQ account for that
permitted vessel. If such owner does not have an online IFQ
account, the owner must first contact IFQ Customer Service at 1-
866-425-7627 to obtain information necessary to access the IFQ
Web site and establish an online IFQ account. There is no fee to
set-up an IFQ account or a vessel account. Only one vessel
account may be established per vessel under each IFQ program. An
owner with multiple vessels may establish multiple vessel
accounts under each IFQ account. The purpose of the vessel
account is to hold IFQ allocation that is required to land the
applicable IFQ species. A vessel account, or its linked IFQ
shareholder account, must hold sufficient IFQ allocation in the
appropriate share category, at least equal to the pounds in
gutted weight of the groupers and tilefishes on board at the
time of advance notice of landing. Allocation must be
transferred to the vessel account, so that the vessel account
holds sufficient IFQ allocation at the time of the landing
transaction (except for any overage allowed as specified in
paragraph (b)(3)(ii) for groupers and tilefishes). The vessel
account remains valid as long as the vessel permit remains
valid; the vessel has not been sold or transferred; and the
vessel owner is in compliance with all Gulf reef fish and IFQ
reporting requirements, has paid all applicable IFQ fees, and is
61
not subject to sanctions under 15 CFR part 904. The vessel
account is not transferable to another vessel. The provisions of
this paragraph do not apply to fishing for or possession of Gulf
groupers and tilefishes under the bag limit specified in §
622.38(b)(2) and (5) respectively.
(2) Gulf IFQ dealer endorsements. In addition to the
requirement for a Gulf and South Atlantic dealer permit as
specified in § 622.20(c)(1), for a dealer to first receive
groupers and tilefishes subject to the IFQ program for groupers
and tilefishes, as specified in paragraph (a)(1) of this
section, or for a person aboard a vessel with a Gulf IFQ vessel
account to sell such groupers and tilefishes directly to an
entity other than a dealer, such persons must also have a Gulf
IFQ dealer endorsement. A dealer with a Gulf and South Atlantic
dealer permit can download a Gulf IFQ dealer endorsement from
the NMFS IFQ Web site. If such persons do not have an IFQ
account, they must first contact IFQ Customer Service at 1-866-
425-7627 to obtain information necessary to access the IFQ Web
site and establish an IFQ account. There is no fee for obtaining
this endorsement. The endorsement remains valid as long as the
Gulf and South Atlantic dealer permit remains valid and the
dealer is in compliance with all Gulf reef fish and IFQ
reporting requirements, has paid all IFQ fees required, and is
not subject to any sanctions under 15 CFR part 904. The
endorsement is not transferable.
(3) IFQ Landing and transaction requirements. (i) At the
time of advance notice of landing, the IFQ vessel account, or
its linked IFQ shareholder account, must contain allocation at
least equal to the pounds in gutted weight of grouper or
tilefish species to be landed, except as provided in paragraph
(b)(3)(ii) of this section. At the time of the landing
transaction, the IFQ vessel account must contain allocation at
least equal to the pounds in gutted weight of grouper or
tilefish species to be landed, except as provided in paragraph
(b)(3)(ii) of this section. Such groupers and tilefishes must be
sold and can be received only by a dealer who has a valid Gulf
IFQ dealer endorsement and an active IFQ dealer account (i.e.,
not in delinquent status). All IFQ landings and their actual ex-
vessel prices must be reported via the IFQ Web site.
(ii) A person on board a vessel with an IFQ vessel account
landing the shareholder’s only remaining allocation from among
any of the grouper or tilefish share categories, can legally
exceed, by up to 10 percent, the shareholder’s allocation
remaining on that last fishing trip of the fishing year, i.e. a
one-time per fishing year overage. Any such overage will be
deducted from the shareholder’s applicable allocation for the
subsequent fishing year. From the time of the overage until
62
January 1 of the subsequent fishing year, the IFQ shareholder
must retain sufficient shares to account for the allocation that
will be deducted the subsequent fishing year. Share transfers
that would violate this requirement will be prohibited.
(iii) The dealer must complete a landing transaction report
for each landing of Gulf groupers or tilefishes via the IFQ Web
site on the day of offload, except if the fish are being
trailered for transport to a dealer as specified in paragraph
(b)(5)(iv) of this section (in which case the landing
transaction report may be completed prior to the day of
offload), and within 96 hours from the time of landing reported
on the most recent landing notification, in accordance with the
reporting form(s) and instructions provided on the Web site.
This report includes date, time, and location of transaction;
weight and actual ex-vessel price of groupers and tilefishes
landed and sold (when calculating the weight of IFQ groupers and
tilefishes during a landing transaction, ice and water weight
may not be deducted from the weight of the fish unless the
actual weight of the ice and water can be determined); and
information necessary to identify the fisherman, vessel, and
dealer involved in the transaction. The fisherman must validate
the dealer transaction report by entering the unique PIN for the
vessel account when the transaction report is submitted. After
the dealer submits the report and the information has been
verified by NMFS, the online system will send a transaction
approval code to the dealer and the allocation holder.
(iv) If there is a discrepancy regarding the landing
transaction report after approval, the dealer or vessel account
holder (or his or her authorized agent) must initiate a landing
transaction correction form to correct the landing transaction.
This form is available via the IFQ Web site. The dealer must
then print out the form, both parties must sign it, and the form
must be mailed to NMFS. The form must be received by NMFS no
later than 15 days after the date of the initial landing
transaction.
(4) IFQ cost recovery fees. As required by the Magnuson-
Stevens Act, the RA will collect a fee to recover the actual
costs directly related to the management and enforcement of the
IFQ program for Gulf groupers and tilefishes. The fee cannot
exceed 3 percent of the ex-vessel value of Gulf groupers and
tilefishes landed under the IFQ program as described in the
Magnuson-Stevens Act. Such fees will be deposited in the Limited
Access System Administration Fund (LASAF). Initially, the fee
will be 3 percent of the actual ex-vessel price of Gulf groupers
and tilefishes landed per trip under the IFQ program, as
documented in each landings transaction report. The RA will
review the cost recovery fee annually to determine if adjustment
63
is warranted. Factors considered in the review include the catch
subject to the IFQ cost recovery, projected ex-vessel value of
the catch, costs directly related to the management and
enforcement of the IFQ program, the projected IFQ balance in the
LASAF, and expected non-payment of fee liabilities. If the RA
determines that a fee adjustment is warranted, the RA will
publish a notification of the fee adjustment in the Federal
Register.
(i) Payment responsibility. The IFQ account holder
specified in the documented IFQ landing transaction report for
Gulf groupers and tilefishes is responsible for payment of the
applicable cost recovery fees.
(ii) Collection and submission responsibility. A dealer who
receives Gulf groupers or tilefishes subject to the IFQ program
is responsible for collecting the applicable cost recovery fee
for each IFQ landing from the IFQ account holder specified in
the IFQ landing transaction report. Such dealer is responsible
for submitting all applicable cost recovery fees to NMFS on a
quarterly basis. The fees are due and must be submitted, using
pay.gov via the IFQ system, at the end of each calendar-year
quarter, but no later than 30 days after the end of each
calendar-year quarter. Fees not received by the deadline are
delinquent.
(iii) Fee payment procedure. For each IFQ dealer, the IFQ
system will post, in individual IFQ dealer accounts, an end-of-
quarter statement of cost recovery fees that are due. The dealer
is responsible for submitting the cost recovery fee payments
using pay.gov via the IFQ system. Authorized payment methods are
credit card, debit card, or automated clearing house (ACH).
Payment by check will be authorized only if the RA has
determined that the geographical area or an individual(s) is
affected by catastrophic conditions.
(iv) Fee reconciliation process--delinquent fees. The
following procedures apply to an IFQ dealer whose cost recovery
fees are delinquent.
(A) On or about the 31st day after the end of each
calendar-year quarter, the RA will send the dealer an electronic
message via the IFQ Web site and official notice via mail
indicating the applicable fees are delinquent, and the dealer’s
IFQ account has been suspended pending payment of the applicable
fees.
(B) On or about the 91st day after the end of each
calendar-year quarter, the RA will refer any delinquent IFQ
dealer cost recovery fees to the appropriate authorities for
collection of payment.
(5) Measures to enhance IFQ program enforceability--(i)
Advance notice of landing--(A) General requirement. For the
64
purpose of this paragraph, landing means to arrive at a dock,
berth, beach, seawall, or ramp. The owner or operator of a
vessel landing IFQ groupers or tilefishes is responsible for
ensuring that NMFS is contacted at least 3 hours, but no more
than 24 hours, in advance of landing to report the time and
location of landing, estimated grouper and tilefish landings in
pounds gutted weight for each share category (gag, red grouper,
DWG, Other SWG, tilefishes), vessel identification number (Coast
Guard registration number or state registration number), and the
name and address of the IFQ dealer(s) where the groupers or
tilefishes are to be received. The vessel must land within 1
hour after the time given in the landing notification except as
provided in paragraph (b)(5)(i)(C) of this section. The vessel
landing groupers or tilefishes must have sufficient IFQ
allocation in the IFQ vessel account, or its linked IFQ
shareholder account, and in the appropriate share category or
categories, at least equal to the pounds in gutted weight of all
groupers and tilefishes on board (except for any overage up to
the 10 percent allowed on the last fishing trip) at the time of
the advance notice of landing.
(B) Submitting an advanced landing notification. Authorized
methods for contacting NMFS and submitting the report include
calling IFQ Customer Service at 1-866-425-7627, completing and
submitting to NMFS a landing notification provided through the
VMS unit, or providing the required information to NMFS through
the web-based form available on the IFQ Web site.
(C) Landing prior to the notification time. The owner or
operator of a vessel that has completed a landing notification
and submitted it to NMFS may land prior to the notification
time, only if an authorized officer is present at the landing
site, is available to meet the vessel, and has authorized the
owner or operator of the vessel to land early.
(D) Changes to a landing notification. The owner or
operator of a vessel who has submitted a landing notification to
NMFS may make changes to the notification by submitting a
superseding notification. If the initial superseding
notification makes changes to one or more of the following: the
time of landing (if landing more than 1 hour after the time on
the notification), the dealer(s), or the estimated weights of
fish to be landed, the vessel does not need to wait an
additional 3 hours to land. If the initial superseding
notification makes changes to the landing location, the time of
landing is earlier than previously specified, or more than one
superseding notification is submitted on a trip, the vessel must
wait an additional 3 hours to land, except as provided in
paragraph (b)(5)(i)(C) of this section.
(ii) Time restriction on offloading. For the purpose of
65
this paragraph, offloading means to remove IFQ groupers and
tilefishes from a vessel. IFQ groupers or tilefishes may be
offloaded only between 6 a.m. and 6 p.m., local time, unless an
authorized officer is present at the offloading at 6 p.m., is
available to remain at the site while offloading continues, and
authorizes the owner or operator of the vessel to continue
offloading after 6 p.m.
(iii) Restrictions on transfer of IFQ groupers and
tilefishes. At-sea or dockside transfer of IFQ groupers or
tilefishes from one vessel to another vessel is prohibited.
(iv) Requirement for transaction approval code. If IFQ
groupers or tilefishes are offloaded to a vehicle for transport
or are on a vessel that is trailered for transport, on-site
capability to accurately weigh the fish and to connect
electronically to the online IFQ system to complete the
transaction and obtain the transaction approval code is
required. After a landing transaction has been completed, a
transaction approval code verifying a legal transaction of the
amount of IFQ groupers and tilefishes in possession and a copy
of the dealer endorsement must accompany any IFQ groupers or
tilefishes from the landing location through possession by a
dealer. This requirement also applies to IFQ groupers and
tilefishes possessed on a vessel that is trailered for
transport. A dealer may only receive IFQ groupers and tilefishes
transported by a vehicle or a trailered vessel that has a
corresponding transaction approval code.
(v) Approved landing locations. IFQ groupers and tilefishes
must be landed at an approved landing location. Landing
locations must be approved by NMFS Office for Law Enforcement
prior to a vessel landing IFQ groupers or tilefishes at these
sites. Proposed landing locations may be submitted online via
the IFQ Web site, or by calling IFQ Customer Service at 1-866-
425-7627, at any time; however, new landing locations will be
approved only at the end of each calendar-year quarter. To have
your landing location approved by the end of the calendar-year
quarter, it must be submitted at least 45 days before the end of
the calendar-year quarter. NMFS will evaluate the proposed sites
based on, but not limited to, the following criteria:
(A) Landing locations must have a street address. If there
is no street address on record for a particular landing
location, global positioning system (GPS) coordinates for an
identifiable geographic location must be provided.
(B) Landing locations must be publicly accessible by land
and water, and must satisfy the following criteria:
(1) Vehicles must have access to the site via public roads;
(2) Vessels must have access to the site via navigable
water;
66
(3) No other condition may impede free and immediate access
to the site by an authorized law enforcement officer. Examples
of such conditions include, but are not limited to: A locked
gate, fence, wall, or other barrier preventing 24-hour access to
the site; a gated community entry point; a guard; animal; a
posted sign restricting access to the site; or any other
physical deterrent.
(6) Transfer of IFQ shares and allocation. Until January 1,
2015, IFQ shares and allocations can be transferred only to a
person who holds a valid commercial vessel permit for Gulf reef
fish; thereafter, IFQ shares and allocations can be transferred
only to a U.S. citizen or permanent resident alien. However, a
valid commercial permit for Gulf reef fish, an IFQ vessel
account for Gulf groupers and tilefishes, and IFQ allocation for
Gulf groupers or tilefishes are required to possess (at and
after the time of the advance notice of landing), land or sell
Gulf groupers or tilefishes subject to this IFQ program.
(i) Share transfers. Share transfers are permanent, i.e.,
they remain in effect until subsequently transferred. Transfer
of shares will result in the corresponding allocation being
automatically transferred to the person receiving the
transferred share beginning with the fishing year following the
year the transfer occurred. However, within the fishing year the
share transfer occurs, transfer of shares and associated
allocation are independent--unless the associated allocation is
transferred separately, it remains with the transferor for the
duration of that fishing year. A share transfer transaction that
remains in pending status, i.e., has not been completed and
verified with a transaction approval code, after 30 days from
the date the shareholder initiated the transfer will be
cancelled, and the pending shares will be re-credited to the
shareholder who initiated the transfer.
(ii) Share transfer procedures. Share transfers must be
accomplished online via the IFQ Web site. An IFQ shareholder
must initiate a share transfer request by logging onto the IFQ
Web site. An IFQ shareholder who is subject to a sanction under
15 CFR part 904 is prohibited from initiating a share transfer.
An IFQ shareholder who is subject to a pending sanction under 15
CFR part 904 must disclose in writing to the prospective
transferee the existence of any pending sanction at the time of
the transfer. Following the instructions provided on the Web
site, the shareholder must enter pertinent information regarding
the transfer request including, but not limited to: amount of
shares to be transferred, which must be a minimum of 0.000001
percent; name of the eligible transferee; and the value of the
transferred shares. For the first 5 years this IFQ program is in
effect, an eligible transferee is a person who has a valid
67
commercial vessel permit for Gulf reef fish; is in compliance
with all reporting requirements for the Gulf reef fish fishery
and the IFQ program for Gulf groupers and tilefishes; is not
subject to sanctions under 15 CFR part 904; and who would not be
in violation of the share or allocation caps as specified in
paragraph (b)(8) of this section. Thereafter, share transferee
eligibility will only include U.S. citizens and permanent
resident aliens who are otherwise in compliance with the
provisions of this section. The online system will verify the
information entered. If the information is not accepted, the
online system will send the shareholder an electronic message
explaining the reason(s). If the information is accepted, the
online system will send the transferee an electronic message of
the pending transfer. The transferee must approve the share
transfer by electronic signature. If the transferee approves the
share transfer, the online system will send a transfer approval
code to both the shareholder and transferee confirming the
transaction. All share transfers must be completed and the
transaction approval code received prior to December 31 at 6
p.m. eastern time each year.
(iii) Allocation transfers. An allocation transfer is valid
only for the remainder of the fishing year in which it occurs;
it does not carry over to the subsequent fishing year. Any
allocation that is unused at the end of the fishing year is
void. Allocation may be transferred to a vessel account from any
IFQ account. Allocation held in a vessel account, however, may
only be transferred back to the IFQ account through which the
vessel account was established.
(iv) Allocation transfer procedures and restrictions--(A)
Allocation transfer procedures. Allocation transfers must be
accomplished online via the IFQ Web site. An IFQ account holder
must initiate an allocation transfer by logging onto the IFQ Web
site, entering the required information, including but not
limited to, the name of an eligible transferee and amount of IFQ
allocation to be transferred and price, and submitting the
transfer electronically. An IFQ allocation holder who is subject
to a sanction under 15 CFR part 904 is prohibited from
initiating an allocation transfer. An IFQ allocation holder who
is subject to a pending sanction under 15 CFR part 904 must
disclose in writing to the prospective transferee the existence
of any pending sanction at the time of the transfer. If the
transfer is approved, the Web site will provide a transfer
approval code to the transferor and transferee confirming the
transaction.
(B) Multi-use allocation transfer restrictions--(1) Red
grouper multi-use allocation. Red grouper multi-use allocation
may only be transferred after all an IFQ account holder’s red
68
grouper allocation has been landed and sold, or transferred.
(2) Gag multi-use allocation. Gag multi-use allocation may
only be transferred after all an IFQ account holder’s gag
allocation has been landed and sold, or transferred.
(7) Restricted transactions during the 20-hour online
maintenance window. All electronic IFQ transactions must be
completed by December 31 at 6 p.m. eastern time each year.
Electronic IFQ functions will resume again on January 1 at 2
p.m. eastern time the following fishing year. The remaining 6
hours prior to the end of the fishing year, and the 14 hours at
the beginning of the next fishing year, are necessary to provide
NMFS time to reconcile IFQ accounts, adjust allocations for the
upcoming year if the commercial quotas or catch allowances for
Gulf groupers and tilefishes have changed, and update shares and
allocations for the upcoming fishing year. No electronic IFQ
transactions will be available during these 20 hours. An advance
notice of landing may still be submitted during the 20-hour
maintenance window by using the vessel's VMS unit or calling IFQ
Customer Service at 1-866-425-7627.
(8) IFQ share and allocation caps. A corporation’s total
IFQ share (or allocation) is determined by adding the applicable
IFQ shares (or allocation) held by the corporation and any other
IFQ shares (or allocation) held by a corporation(s) owned by the
original corporation prorated based on the level of ownership.
An individual’s total IFQ share is determined by adding the
applicable IFQ shares held by the individual and the applicable
IFQ shares equivalent to the corporate share the individual
holds in a corporation. An individual’s total IFQ allocation is
determined by adding the individual’s total allocation to the
allocation derived from the IFQ shares equivalent to the
corporate share the individual holds in a corporation.
(i) IFQ share cap for each share category. No person,
including a corporation or other entity, may individually or
collectively hold IFQ shares in any share category (gag, red
grouper, DWG, Other SWG, or tilefishes) in excess of the maximum
share initially issued for the applicable share category to any
person at the beginning of the IFQ program, as of the date
appeals are resolved and shares are adjusted accordingly. A
corporation must provide to the RA the identity of the
shareholders of the corporation and their percent of shares in
the corporation for initial issuance of IFQ shares and
allocation, and provide updated information to the RA within 30
days of when changes occur. This information must also be
provided to the RA any time a commercial vessel permit for Gulf
reef fish is renewed or transferred and at the time of renewal
of the application for an IFQ Account.
(ii) Total allocation cap. No person, including a
69
corporation or other entity, may individually or collectively
hold, cumulatively during any fishing year, IFQ allocation in
excess of the total allocation cap. The total allocation cap is
the sum of the maximum allocations associated with the share
caps for each individual share category and is calculated
annually based on the applicable quotas or catch allowance
associated with each share category.
(9) Redistribution of shares resulting from permanent
revocation. If a shareholder’s IFQ shares have been permanently
revoked, the RA will redistribute the IFQ shares proportionately
among remaining shareholders (subject to cap restrictions) based
upon the amount of shares each held just prior to the
redistribution. During December of each year, the RA will
determine the amount of revoked shares, if any, to be
redistributed, and the shares will be distributed at the
beginning of the subsequent fishing year.
(10) Annual recalculation and notification of IFQ shares
and allocation. On or about January 1 each year, IFQ
shareholders will be notified, via the IFQ Web site, of their
IFQ shares and allocations, for each of the five share
categories, for the upcoming fishing year. These updated share
values will reflect the results of applicable share transfers
and any redistribution of shares (subject to cap restrictions)
resulting from permanent revocation of IFQ shares. Allocation,
for each share category, is calculated by multiplying IFQ share
for that category times the annual commercial quota or
commercial catch allowance for that share category. Updated
allocation values will reflect any change in IFQ share for each
share category, any change in the annual commercial quota or
commercial catch allowance for the applicable categories; and
any debits required as a result of prior fishing year overages
as specified in paragraph (b)(3)(ii) of this section. IFQ
participants can monitor the status of their shares and
allocation throughout the year via the IFQ Web site.
(11) Gulf grouper and tilefish IFQ program participation
for current grouper and tilefish IFQ account holders. (i) A
current participant in the Gulf grouper and tilefish IFQ program
must complete and submit the application for an IFQ Account that
is available on the Web site sero.nmfs.noaa.gov, to certify
status as a U.S. citizen or permanent resident alien. The
account holder must also complete and submit any other
information on this form that may be necessary for the
administration of the IFQ account.
(ii) A person with an established IFQ account must update
and confirm the account information every 2 years. IFQ accounts
are updated through the submission of the application for an IFQ
Account. Accounts must be updated prior to the account validity
70
date (expiration date of the account) that is displayed on each
account holder's IFQ account page. The RA will provide each
participant who has established an online account an application
approximately 2 months prior to the account validity date. A
participant who is not provided an application at least 45 days
prior to the account validity date must contact IFQ Customer
Service at 1-866-425-7627 and request an application. Failure to
submit a completed application prior to the participant's
account validity date will lead to the suspension of the
participant's access to his IFQ account until a completed
application is submitted. Participants who certify that they are
either not a U.S. citizens or permanent resident alien will be
ineligible to receive shares or allocation through transfer.
§§ 622.23-622.24 [Reserved]
§ 622.25 Exemptions for Gulf groundfish trawling.
Gulf groundfish trawling means fishing in the Gulf EEZ by a
vessel that uses a bottom trawl, the unsorted catch of which is
ground up for animal feed or industrial products.
(a) Other provisions of this part notwithstanding, the
owner or operator of a vessel trawling for Gulf groundfish is
exempt from the following requirements and limitations for the
vessel's unsorted catch of Gulf reef fish:
(1) The requirement for a valid commercial vessel permit
for Gulf reef fish in order to sell Gulf reef fish.
(2) Minimum size limits for Gulf reef fish.
(3) Bag limits for Gulf reef fish.
(4) The prohibition on sale of Gulf reef fish after a quota
or ACL closure.
(b) Other provisions of this part notwithstanding, a dealer
in a Gulf state is exempt from the requirement for a Gulf and
South Atlantic dealer permit to receive Gulf reef fish harvested
from the Gulf EEZ by a vessel trawling for Gulf groundfish.
§ 622.26 Recordkeeping and reporting.
(a) Commercial vessel owners and operators. The owner or
operator of a vessel for which a commercial permit for Gulf reef
fish has been issued, as required under § 622.20(a)(1), or whose
vessel fishes for or lands reef fish in or from state waters
adjoining the Gulf EEZ, who is selected to report by the SRD
must maintain a fishing record on a form available from the SRD.
These completed fishing records must be submitted to the SRD
postmarked not later than 7 days after the end of each fishing
trip. If no fishing occurred during a calendar month, a report
71
so stating must be submitted on one of the forms postmarked not
later than 7 days after the end of that month. Information to be
reported is indicated on the form and its accompanying
instructions.
(b) Charter vessel/headboat owners and operators--(1)
General reporting requirement--(i) Charter vessels. The owner or
operator of a charter vessel for which a charter vessel/headboat
permit for Gulf reef fish has been issued, as required under §
622.20(b), or whose vessel fishes for or lands such reef fish in
or from state waters adjoining the Gulf EEZ, who is selected to
report by the SRD must maintain a fishing record for each trip,
or a portion of such trips as specified by the SRD, on forms
provided by the SRD and must submit such record as specified in
paragraph (b)(2) of this section.
(ii) Headboats. The owner or operator of a headboat for
which a charter vessel/headboat permit for Gulf reef fish has
been issued, as required under § 622.20(b), or whose vessel
fishes for or lands such reef fish in or from state waters
adjoining the Gulf EEZ, who is selected to report by the SRD
must submit an electronic fishing record for each trip of all
fish harvested within the time period specified in paragraph
(b)(2)(ii) of this section, via the Southeast Region Headboat
Survey.
(2) Reporting deadlines--(i) Charter vessels. Completed
fishing records required by paragraph (b)(1)(i) of this section
for charter vessels must be submitted to the SRD weekly,
postmarked no later than 7 days after the end of each week
(Sunday). Information to be reported is indicated on the form
and its accompanying instructions.
(ii) Headboats. Electronic fishing records required by
paragraph (b)(1)(ii) of this section for headboats must be
submitted at weekly intervals (or intervals shorter than a week
if notified by the SRD) by 11:59 p.m., local time, the Sunday
following a reporting week. If no fishing activity occurred
during a reporting week, an electronic report so stating must be
submitted for that reporting week by 11:59 p.m., local time, the
Sunday following a reporting week.
(3) Catastrophic conditions. During catastrophic conditions
only, NMFS provides for use of paper forms for basic required
functions as a backup to the electronic reports required by
paragraph (b)(1)(ii) of this section. The RA will determine when
catastrophic conditions exist, the duration of the catastrophic
conditions, and which participants or geographic areas are
deemed affected by the catastrophic conditions. The RA will
provide timely notice to affected participants via publication
of notification in the Federal Register, NOAA weather radio,
fishery bulletins, and other appropriate means and will
72
authorize the affected participants’ use of paper-based
components for the duration of the catastrophic conditions. The
paper forms will be available from NMFS. During catastrophic
conditions, the RA has the authority to waive or modify
reporting time requirements.
(4) Compliance requirement. Electronic reports required by
paragraph (b)(1)(ii) of this section must be submitted and
received by NMFS according to the reporting requirements under
this section. A report not received within the time specified in
paragraph (b)(2)(ii) is delinquent. A delinquent report
automatically results in the owner and operator of a headboat
for which a charter vessel/headboat permit for Gulf reef fish
has been issued being prohibited from harvesting or possessing
such species, regardless of any additional notification to the
delinquent owner and operator by NMFS. The owner and operator
who are prohibited from harvesting or possessing such species
due to delinquent reports are authorized to harvest or possess
such species only after all required and delinquent reports have
been submitted and received by NMFS according to the reporting
requirements under this section.
(c) Dealers. (1) A dealer who first receives Gulf reef fish
must maintain records and submit information as specified in §
622.5(c).
(2) The operator of a vehicle that is used to pick up from
a fishing vessel Gulf reef fish must maintain a record
containing the name of each fishing vessel from which reef fish
on the vehicle have been received. The vehicle operator must
provide such record for inspection upon the request of an
authorized officer.
§ 622.27 At-sea observer coverage.
(a) Required coverage. A vessel for which a Federal
commercial vessel permit for Gulf reef fish or a charter
vessel/headboat permit for Gulf reef fish has been issued must
carry a NMFS-approved observer, if the vessel’s trip is selected
by the SRD for observer coverage. Vessel permit renewal is
contingent upon compliance with this paragraph (a).
(b) Notification to the SRD. When observer coverage is
required, an owner or operator must advise the SRD in writing
not less than 5 days in advance of each trip of the following:
(1) Departure information (port, dock, date, and time).
(2) Expected landing information (port, dock, and date).
(c) Observer accommodations and access. An owner or
operator of a vessel on which a NMFS-approved observer is
embarked must:
(1) Provide accommodations and food that are equivalent to
73
those provided to the crew.
(2) Allow the observer access to and use of the vessel's
communications equipment and personnel upon request for the
transmission and receipt of messages related to the observer's
duties.
(3) Allow the observer access to and use of the vessel's
navigation equipment and personnel upon request to determine the
vessel's position.
(4) Allow the observer free and unobstructed access to the
vessel's bridge, working decks, holding bins, weight scales,
holds, and any other space used to hold, process, weigh, or
store fish.
(5) Allow the observer to inspect and copy the vessel's
log, communications logs, and any records associated with the
catch and distribution of fish for that trip.
§ 622.28 Vessel monitoring systems (VMSs).
The VMS requirements of this section apply throughout the
Gulf of Mexico and adjacent states.
(a) General VMS requirement. An owner or operator of a
vessel that has been issued a commercial vessel permit for Gulf
reef fish, including a charter vessel/headboat issued such a
permit even when under charter, must ensure that such vessel has
an operating VMS approved by NMFS for use in the Gulf reef fish
fishery on board at all times whether or not the vessel is
underway, unless exempted by NMFS under the power-down
exemptions specified in paragraph (d) of this section and in the
NOAA Enforcement Vessel Monitoring System Requirements for the
Reef Fish Fishery of the Gulf of Mexico. This NOAA Enforcement
Vessel Monitoring System Requirements document is available from
NMFS Office for Law Enforcement (OLE), Southeast Region, 263
13th Avenue South, St. Petersburg, FL 33701; phone: 800-758-
4833. An operating VMS includes an operating mobile transmitting
unit on the vessel and a functioning communication link between
the unit and NMFS as provided by a NMFS-approved communication
service provider. NMFS OLE maintains a current list of approved
VMS units and communication providers which is available from
the VMS Support Center, NMFS OLE, 8484 Georgia Avenue, Suite
415, Silver Spring, MD 20910 or by calling toll free: 888-219-
9228. If a VMS unit approved for the Gulf reef fish fishery is
removed from the approved list by NMFS OLE, a vessel owner who
purchased and installed such a VMS unit prior to its removal
from the approved list will be considered to be in compliance
with the requirement to have an approved unit, unless otherwise
notified by NMFS OLE. At the end of a VMS unit’s service life,
it must be replaced with a currently approved unit for the
74
fishery.
(b) Hourly reporting requirement. An owner or operator of a
vessel subject to the requirements of paragraph (a) of this
section must ensure that the required VMS unit transmits a
signal indicating the vessel’s accurate position at least once
an hour, 24 hours a day every day unless exempted under
paragraphs (c) or (d) of this section.
(c) In-port exemption. While in port, an owner or operator
of a vessel with a type-approved VMS unit configured with the 4-
hour reporting feature may utilize the 4-hour reporting feature
rather than comply with the hourly reporting requirement
specified in paragraph (b) of this section. Once the vessel is
no longer in port, the hourly reporting requirement specified in
paragraph (b) of this section applies. For the purposes of this
section, “in port” means secured at a land-based facility, or
moored or anchored after the return to a dock, berth, beach,
seawall, or ramp.
(d) Power-down exemptions. An owner or operator of a vessel
subject to the requirement to have a VMS operating at all times
as specified in paragraph (a) of this section can be exempted
from that requirement and may power down the required VMS unit
if--
(1) The vessel will be continuously out of the water or in
port, as defined in paragraph (c) of this section, for more than
72 consecutive hours;
(2) The owner or operator of the vessel applies for and
obtains a valid letter of exemption from NMFS OLE VMS personnel
as specified in the NOAA Enforcement Vessel Monitoring System
Requirements for the Reef Fish Fishery of the Gulf of Mexico.
This is a one-time requirement. The letter of exemption must be
maintained on board the vessel and remains valid for all
subsequent power-down requests conducted consistent with the
provisions of paragraphs (d)(3) and (4) of this section.
(3) Prior to each power-down, the owner or operator of the
vessel files a report to NMFS OLE VMS program personnel, using
the VMS unit’s e-mail, that includes the name of the person
filing the report, vessel name, vessel U.S. Coast Guard
documentation number or state registration number, commercial
vessel reef fish permit number, vessel port location during VMS
power down, estimated duration of the power down exemption, and
reason for power down; and
(4) The owner or operator enters the power-down code
through the use of the VMS Declaration form on the terminal and,
prior to powering down the VMS, receives a confirmation, through
the VMS terminal, that the form was successfully delivered.
(e) Declaration of fishing trip and gear. Prior to
departure for each trip, a vessel owner or operator must report
75
to NMFS any fishery the vessel will participate in on that trip
and the specific type(s) of fishing gear, using NMFS-defined
gear codes, that will be on board the vessel. This information
may be reported to NMFS using the toll-free number, 888-219-
9228, or via an attached VMS terminal.
(f) Installation and activation of a VMS. Only a VMS that
has been approved by NMFS for the Gulf reef fish fishery may be
used, and the VMS must be installed by a qualified marine
electrician. When installing and activating the NMFS-approved
VMS, or when reinstalling and reactivating such VMS, the vessel
owner or operator must--
(1) Follow procedures indicated on a NMFS-approved
installation and activation checklist for the applicable
fishery, which is available from NMFS Office for Law
Enforcement, Southeast Region, 263 13th Avenue South, St.
Petersburg, FL 33701; phone: 800-758-4833; and
(2) Submit to NMFS Office for Law Enforcement, Southeast
Region, 263 13th Avenue South, St. Petersburg, FL 33701, a
statement certifying compliance with the checklist, as
prescribed on the checklist.
(3) Submit to NMFS Office for Law Enforcement, Southeast
Region, 263 13th Avenue South, St. Petersburg, FL 33701, a
vendor-completed installation certification checklist, which is
available from NMFS Office for Law Enforcement, Southeast
Region, 263 13th Avenue South, St. Petersburg, FL 33701; phone:
800-758-4833.
(g) Interference with the VMS. No person may interfere
with, tamper with, alter, damage, disable, or impede the
operation of the VMS, or attempt any of the same.
(h) Interruption of operation of the VMS. When a vessel’s
VMS is not operating properly, the owner or operator must
immediately contact NMFS Office for Law Enforcement, Southeast
Region, 263 13th Avenue South, St. Petersburg, FL 33701, phone:
800-758-4833, and follow instructions from that office. If
notified by NMFS that a vessel’s VMS is not operating properly,
the owner and operator must follow instructions from that
office. In either event, such instructions may include, but are
not limited to, manually communicating to a location designated
by NMFS the vessel's positions or returning to port until the
VMS is operable.
(i) Access to position data. As a condition of authorized
fishing for or possession of fish in a fishery subject to VMS
requirements in this section, a vessel owner or operator subject
to the requirements for a VMS in this section must allow NMFS,
the USCG, and their authorized officers and designees access to
the vessel's position data obtained from the VMS.
76
§ 622.29 Conservation measures for protected resources.
(a) Gulf reef fish commercial vessels and charter
vessels/headboats--(1) Sea turtle conservation measures. (i) The
owner or operator of a vessel for which a commercial vessel
permit for Gulf reef fish or a charter vessel/headboat permit
for Gulf reef fish has been issued, as required under
§§ 622.20(a)(1) and 622.20(b), respectively, must post inside
the wheelhouse, or within a waterproof case if no wheelhouse, a
copy of the document provided by NMFS titled, "Careful Release
Protocols for Sea Turtle Release With Minimal Injury," and must
post inside the wheelhouse, or in an easily viewable area if no
wheelhouse, the sea turtle handling and release guidelines
provided by NMFS.
(ii) Such owner or operator must also comply with the sea
turtle bycatch mitigation measures, including gear requirements
and sea turtle handling requirements, specified in §§
635.21(c)(5)(i) and (ii) of this chapter, respectively.
(iii) Those permitted vessels with a freeboard height of 4
ft (1.2 m) or less must have on board a dipnet, tire, short-
handled dehooker, long-nose or needle-nose pliers, bolt cutters,
monofilament line cutters, and at least two types of mouth
openers/mouth gags. This equipment must meet the specifications
described in §§ 635.21(c)(5)(i)(E) through (L) of this chapter
with the following modifications: the dipnet handle can be of
variable length, only one NMFS-approved short-handled dehooker
is required (i.e., § 635.21(c)(5)(i)(G) or (H) of this chapter);
and life rings, seat cushions, life jackets, and life vests or
any other comparable, cushioned, elevated surface that allows
boated sea turtles to be immobilized, may be used as
alternatives to tires for cushioned surfaces as specified in §
635.21(c)(5)(i)(F) of this chapter. Those permitted vessels with
a freeboard height of greater than 4 ft (1.2 m) must have on
board a dipnet, tire, long-handled line clipper, a short-handled
and a long-handled dehooker, a long-handled device to pull an
inverted "V", long-nose or needle-nose pliers, bolt cutters,
monofilament line cutters, and at least two types of mouth
openers/mouth gags. This equipment must meet the specifications
described in § 635.21(c)(5)(i)(A) through (L) of this chapter
with the following modifications: only one NMFS-approved long-
handled dehooker (§ 635.21(c)(5)(i)(B) or (C)) of this chapter
and one NMFS-approved short-handled dehooker (§
635.21(c)(5)(i)(G) or (H) of this chapter) are required; and
life rings, seat cushions, life jackets, and life vests, or any
other comparable, cushioned, elevated surface that allows boated
sea turtles to be immobilized, may be used as alternatives for
cushioned surfaces as specified in § 635.21(c)(5)(i)(F) of this
77
chapter.
(2) Smalltooth sawfish conservation measures. The owner or
operator of a vessel for which a commercial vessel permit for
Gulf reef fish or a charter vessel/headboat permit for Gulf reef
fish has been issued, as required under §§ 622.20(a)(1) and
622.20(b), respectively, that incidentally catches a smalltooth
sawfish must--
(i) Keep the sawfish in the water at all times;
(ii) If it can be done safely, untangle the line if it is
wrapped around the saw;
(iii) Cut the line as close to the hook as possible; and
(iv) Not handle the animal or attempt to remove any hooks
on the saw, except for with a long-handled dehooker.
(b) [Reserved]
§ 622.30 Required fishing gear.
For a person on board a vessel to fish for Gulf reef fish
in the Gulf EEZ, the vessel must possess on board and such
person must use the gear as specified in paragraphs (a) and (b)
of this section.
(a) Non-stainless steel circle hooks. Non-stainless steel
circle hooks are required when fishing with natural baits.
(b) Dehooking device. At least one dehooking device is
required and must be used to remove hooks embedded in Gulf reef
fish with minimum damage. The hook removal device must be
constructed to allow the hook to be secured and the barb
shielded without re-engaging during the removal process. The
dehooking end must be blunt, and all edges rounded. The device
must be of a size appropriate to secure the range of hook sizes
and styles used in the Gulf reef fish fishery.
§ 622.31 Buoy gear identification.
(a) Buoy gear. In the Gulf EEZ, if buoy gear is used or
possessed, each buoy must display the official number of the
vessel. See § 622.2 for the definition of buoy gear.
(b) [Reserved]
§ 622.32 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases
all fisheries.
(a) Poisons. A poison may not be used to take Gulf reef
fish in the Gulf EEZ.
(b) [Reserved]
78
§ 622.33 Prohibited species.
(a) General. The harvest and possession restrictions of
this section apply without regard to whether the species is
harvested by a vessel operating under a commercial vessel
permit. The operator of a vessel that fishes in the EEZ is
responsible for the limit applicable to that vessel. (Note:
Nassau grouper in the Gulf EEZ may not be harvested or
possessed, as specified in § 622.181(b)(1).)
(b) Goliath grouper. Goliath grouper may not be harvested
or possessed in or from the Gulf EEZ.
(c) [Reserved]
(d) Gulf reef fish exhibiting trap rash. Possession of Gulf
reef fish in or from the Gulf EEZ that exhibit trap rash is
prima facie evidence of illegal trap use and is prohibited. For
the purpose of this paragraph, trap rash is defined as physical
damage to fish that characteristically results from contact with
wire fish traps. Such damage includes, but is not limited to,
broken fin spines, fin rays, or teeth; visually obvious loss of
scales; and cuts or abrasions on the body of the fish,
particularly on the head, snout, or mouth.
§ 622.34 Seasonal and area closures designed to protect Gulf
reef fish.
(a) Closure provisions applicable to the Madison and
Swanson sites and Steamboat Lumps, and the Edges--(1)
Descriptions of Areas. (i) The Madison and Swanson sites are
bounded by rhumb lines connecting, in order, the following
points:
Point
West long.
A
85°50'
B
85°38'
C
85°38'
D
85°50'
A
85°50'
(ii) Steamboat Lumps is bounded by rhumb lines connecting,
in order, the following points:
Point
West long.
A
84°48'
79
B
84°37'
C
84°37'
D
84°48'
A
84°48'
(iii) The Edges is bounded by rhumb lines connecting, in
order, the following points:
Point
West long.
A
85°16'
B
85°04'
C
84°42'
D
84°54'
A
85°16'
(2) Within the Madison and Swanson sites and Steamboat
Lumps, possession of Gulf reef fish is prohibited, except for
such possession aboard a vessel in transit with fishing gear
stowed as specified in paragraph (a)(4) of this section.
(3) Within the Madison and Swanson sites and Steamboat
Lumps during November through April, and within the Edges during
January through April, all fishing is prohibited, and possession
of any fish species is prohibited, except for such possession
aboard a vessel in transit with fishing gear stowed as specified
in paragraph (a)(4) of this section. The provisions of this
paragraph, (a)(3), do not apply to highly migratory species.
(4) For the purpose of paragraph (a) of this section,
transit means non-stop progression through the area; fishing
gear appropriately stowed means--
(i) A longline may be left on the drum if all gangions and
hooks are disconnected and stowed below deck. Hooks cannot be
baited. All buoys must be disconnected from the gear; however,
buoys may remain on deck.
(ii) A trawl net may remain on deck, but trawl doors must
be disconnected from the trawl gear and must be secured.
(iii) A gillnet must be left on the drum. Any additional
gillnets not attached to the drum must be stowed below deck.
(iv) A rod and reel must be removed from the rod holder and
stowed securely on or below deck. Terminal gear (i.e., hook,
leader, sinker, flasher, or bait) must be disconnected and
stowed separately from the rod and reel. Sinkers must be
disconnected from the down rigger and stowed separately.
(5) Within the Madison and Swanson sites and Steamboat
80
Lumps, during May through October, surface trolling is the only
allowable fishing activity. For the purpose of this paragraph
(a)(5), surface trolling is defined as fishing with lines
trailing behind a vessel which is in constant motion at speeds
in excess of four knots with a visible wake. Such trolling may
not involve the use of down riggers, wire lines, planers, or
similar devices.
(6) For the purpose of this paragraph (a), fish means
finfish, mollusks, crustaceans, and all other forms of marine
animal and plant life other than marine mammals and birds.
Highly migratory species means tuna species, marlin (Tetrapturus
spp. and Makaira spp.), oceanic sharks, sailfishes (Istiophorus
spp.), and swordfish (Xiphias gladius).
(b) Seasonal closure of the recreational sector for red
snapper. The recreational sector for red snapper in or from the
Gulf EEZ is closed from January 1 through May 31, each year.
During the closure, the bag and possession limit for red snapper
in or from the Gulf EEZ is zero.
(c) Seasonal closure of the recreational sector for greater
amberjack. The recreational sector for greater amberjack in or
from the Gulf EEZ is closed from June 1 through July 31, each
year. During the closure, the bag and possession limit for
greater amberjack in or from the Gulf EEZ is zero.
(d) Seasonal closure of the recreational sector for
shallow-water grouper (SWG). The recreational sector for SWG, in
or from the Gulf EEZ, is closed each year from February 1
through March 31, in the portion of the Gulf EEZ seaward of
rhumb lines connecting, in order, the points in the following
table. During the closure, the bag and possession limit for SWG
in or from the Gulf EEZ seaward of the following rhumb lines is
zero.
Point
North lat.
West long.
1
24
°
48.0’
82
°
48.0’
2
25°07.5’
82°34.0’
3
26°26.0’
82°59.0’
4
27°30.0’
83°21.5’
5
28°10.0’
83°45.0’
6
28
°
11.0’
84
°
00.0’
7
28°11.0’
84°07.0’
8
28°26.6’
84°24.8’
9
28°42.5’
84°24.8’
10
29°05.0’
84°47.0’
11
29
°
02.5’
85
°
09.0’
12
29
°
21.0’
85
°
30.0’
13
29°27.9’
85°51.7’
81
14
29°45.8’
85°51.0’
15
30°05.6’
86°18.5’
16
30
°
07.5’
86
°
56.5’
17
29
°
43.9’
87
°
33.8’
18
29°43.0’
88°18.5’
19
At State/EEZ line, follow
State/EEZ line to point 20
88°56.0’
20
At State/EEZ line
89°28.4’
21
29°02.0’
89°45.5’
22
28°32.7’
90°21.5’
23
28°24.8’
90°52.7’
24
28°42.3’
92°14.4’
25
28
°
34.2’
92
°
30.4’
26
28°27.6’
95°00.0’
27
28°20.0’
95°06.9’
28
28°02.2’
96°11.1’
29
27°46.5’
96°38.1’
30
27
°
15.0’
97
°
00.0’
31
26
°
45.5’
97
°
01.4’
32
At EEZ
96°51.0’
(e) Seasonal closure of the recreational sector for gag.
The recreational sector for gag, in or from the Gulf EEZ, is
closed from January 1 through June 30 and December 3 through
December 31, each year. During the closure, the bag and
possession limit for gag in or from the Gulf EEZ is zero.
(f) Seasonal closure of the commercial and recreational
sectors for gray triggerfish. The commercial and recreational
sectors for gray triggerfish in or from the Gulf EEZ are closed
from June 1 through July 31, each year. During the closure, all
harvest or possession in or from the Gulf EEZ of gray
triggerfish is prohibited and the sale and purchase of gray
triggerfish taken from the Gulf EEZ is prohibited.
§ 622.35 Gear restricted areas.
(a) Reef fish stressed area. The stressed area is that part
of the Gulf EEZ shoreward of rhumb lines connecting, in order,
the points listed in Table 2 in Appendix B of this part.
(1) A powerhead may not be used in the stressed area to
take Gulf reef fish. Possession of a powerhead and a mutilated
Gulf reef fish in the stressed area or after having fished in
the stressed area constitutes prima facie evidence that such
reef fish was taken with a powerhead in the stressed area. The
provisions of this paragraph do not apply to hogfish.
82
(2) A roller trawl may not be used in the stressed area.
Roller trawl means a trawl net equipped with a series of large,
solid rollers separated by several smaller spacer rollers on a
separate cable or line (sweep) connected to the footrope, which
makes it possible to fish the gear over rough bottom, that is,
in areas unsuitable for fishing conventional shrimp trawls.
Rigid framed trawls adapted for shrimping over uneven bottom, in
wide use along the west coast of Florida, and shrimp trawls with
hollow plastic rollers for fishing on soft bottoms, are not
considered roller trawls.
(b) Seasonal prohibitions applicable to bottom longline
fishing for Gulf reef fish. (1) From June through August each
year, bottom longlining for Gulf reef fish is prohibited in the
portion of the Gulf EEZ east of 85°30' W. long. that is
shoreward of rhumb lines connecting, in order, the following
points:
Point
North lat.
West long.
A
28°58.70'
85°30.00'
B
28°59.25'
85°26.70'
C
28°57.00'
85°13.80'
D
28°47.40'
85°3.90'
E
28°19.50'
84°43.00'
F
28°0.80'
84°20.00'
G
26°48.80'
83°40.00'
H
25°17.00'
83°19.00'
I
24°54.00'
83°21.00'
J
24°29.50'
83°12.30'
K
24°26.50'
83°00.00'
(2) Within the prohibited area and time period specified in
paragraph (b)(1) of this section, a vessel with bottom longline
gear on board may not possess Gulf reef fish unless the bottom
longline gear is appropriately stowed, and a vessel that is
using bottom longline gear to fish for species other than Gulf
reef fish may not possess Gulf reef fish. For the purposes of
paragraph (b) of this section, appropriately stowed means that a
longline may be left on the drum if all gangions and hooks are
disconnected and stowed below deck; hooks cannot be baited; and
all buoys must be disconnected from the gear but may remain on
83
deck.
(3) Within the Gulf EEZ east of 85°30' W. long., a vessel
for which a valid eastern Gulf reef fish bottom longline
endorsement has been issued that is fishing bottom longline gear
or has bottom longline gear on board cannot possess more than a
total of 1000 hooks including hooks on board the vessel and
hooks being fished and cannot possess more than 750 hooks rigged
for fishing at any given time. For the purpose of this
paragraph, “hooks rigged for fishing” means hooks attached to a
line or other device capable of attaching to the mainline of the
longline.
(c) Reef fish longline and buoy gear restricted area. A
person aboard a vessel that uses, on any trip, longline or buoy
gear in the longline and buoy gear restricted area is limited on
that trip to the bag limits for Gulf reef fish specified in §
622.38(b) and, for Gulf reef fish for which no bag limit is
specified in § 622.38(b), the vessel is limited to 5 percent, by
weight, of all fish on board or landed. The longline and buoy
gear restricted area is that part of the Gulf EEZ shoreward of
rhumb lines connecting, in order, the points listed in Table 1
in Appendix B of this part.
(d) Alabama SMZ. The Alabama SMZ consists of artificial
reefs and surrounding areas. In the Alabama SMZ, fishing by a
vessel that is operating as a charter vessel or headboat, a
vessel that does not have a commercial permit for Gulf reef
fish, as required under § 622.20(a)(1), or a vessel with such a
permit fishing for Gulf reef fish is limited to hook-and-line
gear with three or fewer hooks per line and spearfishing gear. A
person aboard a vessel that uses on any trip gear other than
hook-and-line gear with three or fewer hooks per line and
spearfishing gear in the Alabama SMZ is limited on that trip to
the bag limits for Gulf reef fish specified in § 622.38(b) and,
for Gulf reef fish for which no bag limit is specified in §
622.38(b), the vessel is limited to 5 percent, by weight, of all
fish on board or landed. The Alabama SMZ is bounded by rhumb
lines connecting, in order, the following points:
Point
West long.
A
88°07.7'
B
87°59.3'
C
87°55.5'
D
88°07.5'
A
88°07.7'
84
§ 622.36 Seasonal harvest limitations.
(a) Greater amberjack. During March, April, and May, each
year, the possession of greater amberjack in or from the Gulf
EEZ and in the Gulf on board a vessel for which a commercial
permit for Gulf reef fish has been issued, as required under §
622.20(a)(1), without regard to where such greater amberjack
were harvested, is limited to the bag and possession limits, as
specified in § 622.38(b)(1) and (c), respectively, and such
greater amberjack are subject to the prohibition on sale or
purchase of greater amberjack possessed under the bag limit, as
specified in § 622.40(a). Also note that if commercial
quantities of Gulf reef fish, i.e., Gulf reef fish in excess of
applicable bag/possession limits, are on board the vessel, no
bag limit of Gulf reef fish may be possessed, as specified in §
622.38(a)(2).
(b) [Reserved]
§ 622.37 Size limits.
All size limits in this section are minimum size limits
unless specified otherwise. A fish not in compliance with its
size limit, as specified in this section, in or from the Gulf
EEZ, may not be possessed, sold, or purchased. A fish not in
compliance with its size limit must be released immediately with
a minimum of harm. The operator of a vessel that fishes in the
EEZ is responsible for ensuring that fish on board are in
compliance with the size limits specified in this section. See §
622.10 regarding requirements for landing fish intact.
(a) Snapper--(1) Red snapper–-16 inches (40.6 cm), TL, for
a fish taken by a person subject to the bag limit specified in §
622.38 (b)(3) and 13 inches (33.0 cm), TL, for a fish taken by a
person not subject to the bag limit.
(2) Lane snapper--8 inches (20.3 cm), TL.
(3) Vermilion snapper--10 inches (25.4 cm), TL.
(4) Cubera, gray, and yellowtail snappers--12 inches (30.5
cm), TL.
(5) Mutton snapper--16 inches (40.6 cm), TL.
(b) Grouper--(1) Gag--22 inches (55.9 cm), TL.
(2) Red grouper–-(i) For a person not subject to the bag
limit specified in § 622.38 (b)(2)--18 inches (45.7 cm), TL.
(ii) For a person subject to the bag limit specified in
§ 622.38(b)(2)--20 inches (50.8 cm), TL.
(3) Scamp--16 inches (40.6 cm), TL.
(4) Yellowfin grouper--20 inches (50.8 cm), TL.
(5) Black grouper--(i) For a person not subject to the bag
limit specified in § 622.38(b)(2)--24 inches (61.0 cm), TL.
85
(ii) For a person subject to the bag limit specified in §
622.38(b)(2)--22 inches (55.9 cm), TL.
(c) Other Gulf reef fish species--(1) Gray triggerfish--14
inches (35.6 cm), fork length.
(2) Hogfish--12 inches (30.5 cm), fork length.
(3) Banded rudderfish and lesser amberjack--14 inches (35.6
cm), fork length (minimum size); 22 inches (55.9 cm), fork
length (maximum size).
(4) Greater amberjack--30 inches (76 cm), fork length, for
a fish taken by a person subject to the bag limit specified in §
622.38)(b)(1) and 36 inches (91.4 cm), fork length, for a fish
taken by a person not subject to the bag limit.
(d) A person aboard a vessel that has a Federal commercial
vessel permit for Gulf reef fish and commercial quantities of
Gulf reef fish, i.e., Gulf reef fish in excess of applicable
bag/possession limits, may not possess any Gulf reef fish that
do not comply with the applicable commercial minimum size limit.
§ 622.38 Bag and possession limits.
(a) Additional applicability provisions for Gulf reef fish.
(1) Section 622.11(a) provides the general applicability for bag
and possession limits. However, § 622.11(a) notwithstanding, bag
and possession limits also apply for Gulf reef fish in or from
the EEZ to a person aboard a vessel that has on board a
commercial permit for Gulf reef fish--
(i) When trawl gear or entangling net gear is on board. A
vessel is considered to have trawl gear on board when trawl
doors and a net are on board. Removal from the vessel of all
trawl doors or all nets constitutes removal of trawl gear.
(ii) When a longline or buoy gear is on board and the
vessel is fishing or has fished on a trip in the reef fish
longline and buoy gear restricted area specified in § 622.35(c).
A vessel is considered to have a longline on board when a power-
operated longline hauler, a cable of diameter and length
suitable for use in the longline fishery, and gangions are on
board. Removal of any one of these three elements, in its
entirety, constitutes removal of a longline.
(iii) For a species/species group when its quota has been
reached and closure has been effected, provided that no
commercial quantities of Gulf reef fish, i.e., Gulf reef fish in
excess of applicable bag/possession limits, are on board as
specified in paragraph (a)(2) of this section.
(iv) When the vessel has on board or is tending any trap
other than a stone crab trap or a spiny lobster trap.
(2) A person aboard a vessel that has a Federal commercial
vessel permit for Gulf reef fish and commercial quantities of
86
Gulf reef fish, i.e., Gulf reef fish in excess of applicable
bag/possession limits, may not possess Gulf reef fish caught
under a bag limit.
(b) Bag limits--(1) Greater amberjack--1. However, no
greater amberjack may be retained by the captain or crew of a
vessel operating as a charter vessel or headboat. The bag limit
for such captain and crew is zero.
(2) Groupers, combined, excluding goliath grouper--4 per
person per day, but not to exceed 1 speckled hind or 1 warsaw
grouper per vessel per day, or 2 gag or 2 red grouper per person
per day. However, no grouper may be retained by the captain or
crew of a vessel operating as a charter vessel or headboat. The
bag limit for such captain and crew is zero. (Note: Nassau
grouper in the Gulf EEZ may not be harvested or possessed, as
specified in § 622.181(b)(4).)
(3) Red snapper--2. However, no red snapper may be retained
by the captain or crew of a vessel operating as a charter vessel
or headboat. The bag limit for such captain and crew is zero.
(4) Snappers, combined, excluding red, lane, and vermilion
snapper--10.
(5) Gulf reef fish, combined, excluding those specified in
paragraphs (b)(1) through (b)(4) and paragraphs (b)(6) through
(b)(7) of this section--20. In addition, within the 20-fish
aggregate reef fish bag limit, no more than 2 fish may be gray
triggerfish and no more than 10 fish may be vermilion snapper.
(6) Banded rudderfish and lesser amberjack, combined--5.
(7) Hogfish--5.
(c) Possession limits. A person, or a vessel in the case of
speckled hind or Warsaw grouper, on a trip that spans more than
24 hours may possess no more than two daily bag limits, provided
such trip is on a vessel that is operating as a charter vessel
or headboat, the vessel has two licensed operators aboard, and
each passenger is issued and has in possession a receipt issued
on behalf of the vessel that verifies the length of the trip.
§ 622.39 Quotas.
See § 622.8 for general provisions regarding quota
applicability and closure and reopening procedures. This
section, provides quotas and specific quota closure restrictions
for Gulf reef fish.
(a) Gulf reef fish--(1) Commercial quotas. The following
quotas apply to persons who fish under commercial vessel permits
for Gulf reef fish, as required under § 622.20(a)(1).
(i) Commercial quota for red snapper. (A) For fishing year
2015--7.293 million lb (3.308 million kg), round weight.
87
(B) For fishing year 2016--7.120 million lb (3.230 million
kg), round weight.
(1) NMFS will withhold distribution of 4.9 percent of the
2016 IFQ allocation of red snapper commercial quota on January
1, 2016, totaling 352,000 lb (159,665 kg), round weight, of the
2016 red snapper commercial quota specified in paragraph
(a)(1)(i)(B) of this section.
(2) As determined by NMFS, remaining 2016 IFQ allocation of
red snapper will be distributed to the current shareholders
based on their current shares held as of the date of
distribution.
(C) For fishing year 2017 and subsequent fishing years--
7.007 million lb (3.178 million kg), round weight.
(ii) Deep-water groupers (DWG) have a combined quota, as
specified in paragraphs (a)(1)(ii)(A) through (C) of this
section. These quotas are specified in gutted weight, that is
eviscerated, but otherwise whole.
(A) For fishing year 2014--1.110 million lb (0.503 million
kg).
(B) For fishing year 2015--1.101 million lb (0.499 million
kg).
(C) For fishing year 2016 and subsequent fishing years--
1.024 million lb (0.464 million kg).
(iii) Shallow-water groupers (SWG) have separate quotas for
gag and red grouper and a combined quota for other shallow-water
grouper (Other SWG) species (including black grouper, scamp,
yellowfin grouper, and yellowmouth grouper), as specified in
paragraphs (a)(1)(iii)(A) through (C) of this section. These
quotas are specified in gutted weight, that is, eviscerated but
otherwise whole.
(A) Other SWG combined. (1) For fishing year 2014--523,000
lb (237,229 kg).
(2) For fishing year 2015 and subsequent fishing years--
525,000 lb (238,136 kg).
(B) Gag. (1) For fishing year 2012--0.567 million lb (0.257
million kg).
(2) For fishing year 2013--0.708 million lb (0.321 million
kg).
(3) For fishing year 2014--0.835 million lb (0.378 million
kg).
(4) For fishing year 2015 and subsequent fishing years--
0.939 million lb (0.426 million kg).
(C) Red grouper. (1) For fishing year 2012--5.37 million lb
(2.37 million kg).
(2) For fishing year 2013--5.53 million lb (2.44 million
kg).
(3) For fishing year 2014--5.63 million lb (2.51 million
88
kg).
(4) For fishing year 2015 and subsequent fishing years--
5.72 million lb (2.59 million kg).
(iv) Tilefishes (including goldface tilefish, blueline
tilefish, and tilefish)--582,000 lb (263,991 kg), gutted weight,
that is, eviscerated but otherwise whole.
(v) Greater amberjack--409,000 lb (185,519 kg), round
weight.
(vi) Gray triggerfish--60,900 lb (27,624 kg), round weight.
(2) Recreational quotas. The following quotas apply to
persons who fish for Gulf reef fish other than under commercial
vessel permits for Gulf reef fish and the applicable commercial
quotas specified in paragraph (a)(1) of this section.
(i) Recreational quota for red snapper. (A) Total
recreational quota (Federal charter vessel/headboat and private
angling component quotas combined).
(1) For fishing year 2015--7.007 million lb (3.178 million
kg), round weight.
(2) For fishing year 2016--6.840 million lb (3.103 million
kg), round weight.
(3) For fishing year 2017 and subsequent fishing years--
6.733 million lb (3.054 million kg), round weight.
(B) Federal charter vessel/headboat component quota. The
Federal charter vessel/headboat component quota applies to
vessels that have been issued a valid Federal charter
vessel/headboat permit for Gulf reef fish any time during the
fishing year. This component quota is effective for only the
2015, 2016, and 2017 fishing years. For the 2018 and subsequent
fishing years, the applicable total recreational quota specified
in § 622.39(a)(2)(i)(A) will apply to the recreational sector.
(1) For fishing year 2015--2.964 million lb (1.344 million
kg), round weight.
(2) For fishing year 2016--2.893 million lb (1.312 million
kg), round weight.
(3) For fishing year 2017--2.848 million lb (1.292 million
kg), round weight.
(C) Private angling component quota. The private angling
component quota applies to vessels that fish under the bag limit
and have not been issued a Federal charter vessel/headboat
permit for Gulf reef fish any time during the fishing year. This
component quota is effective for only the 2015, 2016, and 2017
fishing years. For the 2018 and subsequent fishing years, the
applicable total recreational quota specified in §
622.39(a)(2)(i)(A) will apply to the recreational sector.
(1) For fishing year 2015--4.043 million lb (1.834 million
kg), round weight.
89
(2) For fishing year 2016--3.947 million lb (1.790 million
kg), round weight.
(3) For fishing year 2017--3.885 million lb (1.762 million
kg), round weight.
(ii) Recreational quota for greater amberjack. The
recreational quota for greater amberjack is 1,130,000 lb
(512,559 kg), round weight.
(b) Restrictions applicable after a commercial quota
closure.
(1) If the recreational fishery for the indicated species
is open, the bag and possession limits specified in § 622.38(b)
and (c) apply to all harvest or possession in or from the Gulf
EEZ of the indicated species, and the sale or purchase of the
indicated species taken from the Gulf EEZ is prohibited. In
addition, the bag and possession limits for red snapper, when
applicable, apply on board a vessel for which a commercial
permit for Gulf reef fish has been issued, as required under §
622.20(a)(1), without regard to where such red snapper were
harvested. The application of bag limits described in this
paragraph (b)(1) notwithstanding, bag limits of Gulf reef fish
may not be possessed on board a vessel with commercial
quantities of Gulf reef fish, i.e., Gulf reef fish in excess of
applicable bag/possession limits, on board, as specified in §
622.38(a)(2). The prohibition on sale/purchase during a closure
for Gulf reef fish does not apply to Gulf reef fish that were
harvested, landed ashore, and sold prior to the effective date
of the closure and were held in cold storage by a dealer or
processor.
(2) If the recreational fishery for the indicated species
is closed, all harvest or possession in or from the Gulf EEZ of
the indicated species is prohibited.
(c) Restrictions applicable after a recreational quota
closure or recreational component quota closure. The bag limit
for the applicable species for the recreational sector or
recreational sector component in or from the Gulf EEZ is zero.
When the Federal charter vessel/headboat component is closed or
the entire recreational sector is closed, this bag and
possession limit applies in the Gulf on board a vessel for which
a valid Federal charter vessel/headboat permit for Gulf reef
fish has been issued, without regard to where such species were
harvested, i.e., in state or Federal waters.
§ 622.40 Restrictions on sale/purchase.
The restrictions in this section are in addition to the
restrictions on sale/purchase related to quota closures as
specified in § 622.39(b) and (c).
90
(a) A Gulf reef fish harvested in the EEZ on board a vessel
that does not have a valid commercial permit for Gulf reef fish,
as required under § 622.20(a)(1), or a Gulf reef fish possessed
under the bag limits specified in § 622.38(b), may not be sold
or purchased.
(b) A Gulf reef fish harvested in or from the EEZ or
adjoining state waters by a vessel that has a valid commercial
vessel permit for Gulf reef fish may be sold or transferred only
to a dealer who has a valid Gulf and South Atlantic dealer
permit, as required under § 622.20(c)(1).
(c) A Gulf reef fish harvested in or from the EEZ may be
first received by a dealer who has a valid Gulf and South
Atlantic dealer permit, as required under § 622.20(c)(1), only
from a vessel that has a valid commercial vessel permit for Gulf
reef fish.
§ 622.41 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
(a) Greater amberjack--(1) Commercial sector. (i) If
commercial landings, as estimated by the SRD, reach or are
projected to reach the annual catch target (ACT) specified in §
622.39(a)(1)(v)(commercial quota), the Assistant Administrator
for Fisheries, NOAA, (AA) will file a notification with the
Office of the Federal Register to close the commercial sector
for the remainder of the fishing year.
(ii) In addition to the measures specified in paragraph
(a)(1)(i) of this section, if commercial landings, as estimated
by the SRD, exceed the commercial ACL, as specified in
(a)(1)(iii) of this section, the AA will file a notification
with the Office of the Federal Register, at or near the
beginning of the following fishing year to reduce the commercial
ACT (commercial quota) and the commercial ACL for that following
year by the amount of any commercial ACL overage in the prior
fishing year.
(iii) The commercial ACL for greater amberjack is 481,000
lb (218,178 kg), round weight.
(2) Recreational sector. (i) If recreational landings, as
estimated by the SRD, reach or are projected to reach the ACT
specified in § 622.39(a)(2)(ii)(recreational quota), the AA will
file a notification with the Office of the Federal Register to
close the recreational sector for the remainder of the fishing
year.
(ii) In addition to the measures specified in paragraph
(a)(2)(i) of this section, if recreational landings, as
estimated by the SRD, exceed the recreational ACL, as specified
in paragraph (a)(2)(iii) of this section, the AA will file a
91
notification with the Office of the Federal Register, at or near
the beginning of the following fishing year to reduce the
recreational ACT (recreational quota) and the recreational ACL
for that following year by the amount of any recreational
overage in the prior fishing year.
(iii) The recreational ACL for greater amberjack is
1,299,000 lb (589,216 kg), round weight.
(b) Gray triggerfish--(1) Commercial sector. If commercial
landings, as estimated by the SRD, reach or are projected to
reach the commercial ACT (commercial quota) specified in
§ 622.39(a)(1)(vi), the AA will file a notification with the
Office of the Federal Register to close the commercial sector
for the remainder of the fishing year. In addition, if despite
such closure, commercial landings exceed the commercial ACL, the
AA will file a notification with the Office of the Federal
Register, at or near the beginning of the following fishing year
to reduce the commercial ACL and ACT (commercial quota) for that
following year by the amount the prior-year ACL was exceeded.
The commercial ACL is 64,100 lb (29,075 kg), round weight.
(2) Recreational sector. (i) Without regard to overfished
status, if gray triggerfish recreational landings, as estimated
by the SRD, reach or are projected to reach the applicable ACT
specified in paragraph (b)(2)(iii) of this section, the AA will
file a notification with the Office of the Federal Register, to
close the recreational sector for the remainder of the fishing
year. On and after the effective date of such a notification,
the bag and possession limit of gray triggerfish in or from the
Gulf EEZ is zero. This bag and possession limit applies in the
Gulf on board a vessel for which a valid Federal charter
vessel/headboat permit for Gulf reef fish has been issued,
without regard to where such species were harvested, i.e. in
state or Federal waters.
(ii) In addition to the measures specified in paragraphs
(b)(2)(i) of this section, if gray triggerfish recreational
landings, as estimated by the SRD, exceed the applicable ACL
specified in paragraph (b)(2)(iii) of this section, and gray
triggerfish are overfished, based on the most recent Status of
U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register, at or near
the beginning of the following fishing year to reduce the ACL
and the ACT for that following year by the amount of the ACL
overage in the prior fishing year, unless the best scientific
information available determines that a greater, lesser, or no
overage adjustment is necessary.
(iii) The recreational ACL for gray triggerfish is 241,200
lb (109,406 kg), round weight. The recreational ACT for gray
triggerfish is 217,100 lb (98,475 kg), round weight.
92
Recreational landings will be evaluated relative to the ACL
based on a moving multi-year average of landings, as described
in the FMP.
(c) Other shallow-water grouper (Other SWG) combined
(including black grouper, scamp, yellowfin grouper, and
yellowmouth grouper)--(1) Commercial sector. The IFQ program for
groupers and tilefishes in the Gulf of Mexico serves as the
accountability measure for commercial Other SWG. The commercial
ACT for Other SWG is equal to the applicable quota specified in
§ 622.39(a)(1)(iii)(A). The commercial ACL for Other SWG, in
gutted weight, is 545,000 lb (247,208 kg) for 2014, and 547,000
lb (248,115 kg) for 2015 and subsequent fishing years.
(2) Recreational sector. If the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the
stock complex ACL specified in paragraph (c)(3) of this section,
then during the following fishing year, if the sum of the
commercial and recreational landings reaches or is projected to
reach the applicable ACL specified in paragraph (c)(3) of this
section, the AA will file a notification with the Office of the
Federal Register to close the recreational sector for the
remainder of that fishing year.
(3) The stock complex ACLs for Other SWG, in gutted weight,
are 688,000 lb (312,072 kg) for 2012, 700,000 lb (317,515 kg)
for 2013, 707,000 lb (320,690 kg) for 2014, and 710,000 lb
(322,051 kg) for 2015 and subsequent years.
(d) Gag--(1) Commercial sector. The IFQ program for
groupers and tilefishes in the Gulf of Mexico serves as the
accountability measure for commercial gag. The applicable
commercial ACLs for gag, in gutted weight, are 0.788 million lb
(0.357 million kg) for 2012, 0.956 million lb (0.434 million kg)
for 2013, 1.100 million lb (0.499 million kg) for 2014, and
1.217 million lb (0.552 million kg) for 2015 and subsequent
fishing years.
(2) Recreational sector. (i) Without regard to overfished
status, if gag recreational landings, as estimated by the SRD,
reach or are projected to reach the applicable ACLs specified in
paragraph (d)(2)(iv) of this section, the AA will file a
notification with the Office of the Federal Register, to close
the recreational sector for the remainder of the fishing year.
On and after the effective date of such a notification, the bag
and possession limit of gag in or from the Gulf EEZ is zero.
This bag and possession limit applies in the Gulf on board a
vessel for which a valid Federal charter vessel/headboat permit
for Gulf reef fish has been issued, without regard to where such
species were harvested, i.e. in state or Federal waters.
(ii) Without regard to overfished status, and in addition
to the measures specified in paragraph (d)(2)(i) of this
93
section, if gag recreational landings, as estimated by the SRD,
exceed the applicable ACLs specified in paragraph (d)(2)(iv) of
this section, the AA will file a notification with the Office of
the Federal Register to maintain the gag ACT, specified in
paragraph (d)(2)(iv) of this section, for that following fishing
year at the level of the prior year's ACT, unless the best
scientific information available determines that maintaining the
prior year's ACT is unnecessary. In addition, the notification
will reduce the length of the recreational gag fishing season
the following fishing year by the amount necessary to ensure gag
recreational landings do not exceed the recreational ACT in the
following fishing year.
(iii) If gag are overfished, based on the most recent
status of U.S. Fisheries Report to Congress, and gag
recreational landings, as estimated by the SRD, exceed the
applicable ACL specified in paragraph (d)(2)(iv) of this
section, the following measures will apply. In addition to the
measures specified in paragraphs (d)(2)(i) and (ii) of this
section, the AA will file a notification with the Office of the
Federal Register, at or near the beginning of the following
fishing year to reduce the ACL for that following year by the
amount of the ACL overage in the prior fishing year, and reduce
the ACT, as determined in paragraph (d)(2)(ii) of this section,
by the amount of the ACL overage in the prior fishing year,
unless the best scientific information available determines that
a greater, lesser, or no overage adjustment is necessary.
(iv) The applicable recreational ACLs for gag, in gutted
weight, are 1.232 million lb (0.559 million kg) for 2012, 1.495
million lb (0.678 million kg) for 2013, 1.720 million lb (0.780
million kg) for 2014, and 1.903 million lb (0.863 million kg)
for 2015 and subsequent fishing years. The recreational ACTs for
gag, in gutted weight, are 1.031 million lb (0.468 million kg)
for 2012, 1.287 million lb (0.584 million kg) for 2013, 1.519
million lb (0.689 million kg) for 2014, and 1.708 million lb
(0.775 million kg) for 2015 and subsequent fishing years.
(e) Red grouper--(1) Commercial sector. The IFQ program for
groupers and tilefishes in the Gulf of Mexico serves as the
accountability measure for commercial red grouper. The
applicable commercial ACL for red grouper, in gutted weight, for
2012 and subsequent fishing years is 6.03 million lb (2.735
million kg).
(2) Recreational sector. (i) Without regard to overfished
status, if red grouper recreational landings, as estimated by
the SRD, reach or are projected to reach the applicable ACL
specified in paragraph (e)(2)(iv) of this section, the AA will
file a notification with the Office of the Federal Register, to
close the recreational sector for the remainder of the fishing
94
year. On and after the effective date of such a notification,
the bag and possession limit of red grouper in or from the Gulf
EEZ is zero. This bag and possession limit applies in the Gulf
on board a vessel for which a valid Federal charter
vessel/headboat permit for Gulf reef fish has been issued,
without regard to where such species were harvested, i.e. in
state or Federal waters.
(ii) Without regard to overfished status, and in addition
to the measures specified in paragraph (e)(2)(i) of this
section, if red grouper recreational landings, as estimated by
the SRD, exceed the applicable ACL specified in paragraph
(e)(2)(iv) of this section, the AA will file a notification with
the Office of the Federal Register to maintain the red grouper
ACT, specified in paragraph (e)(2)(iv) of this section, for that
following fishing year at the level of the prior year's ACT,
unless the best scientific information available determines that
maintaining the prior year's ACT is unnecessary. In addition,
the notification will reduce the length of the recreational red
grouper fishing season the following fishing year by the amount
necessary to ensure red grouper recreational landings do not
exceed the recreational ACT in the following fishing year.
(iii) If red grouper are overfished, based on the most
recent Status of U.S. Fisheries Report to Congress, and red
grouper recreational landings, as estimated by the SRD, exceed
the applicable ACL specified in paragraph (e)(2)(iv) of this
section, the following measures will apply. In addition to the
measures specified in paragraphs (e)(2)(i) and (ii) of this
section, the AA will file a notification with the Office of the
Federal Register, at or near the beginning of the following
fishing year to reduce the ACL for that following year by the
amount of the ACL overage in the prior fishing year, and reduce
the ACT, as determined in paragraph (e)(2)(ii) of this section,
by the amount of the ACL overage in the prior fishing year,
unless the best scientific information available determines that
a greater, lesser, or no overage adjustment is necessary.
(iv) The recreational ACL for red grouper, in gutted
weight, is 1.90 million lb (0.862 million kg) for 2012 and
subsequent fishing years. The recreational ACT for red grouper,
in gutted weight, is 1.730 million lb (0.785 million kg) for
2012 and subsequent fishing years.
(f) Deep-water grouper (DWG) combined (including yellowedge
grouper, warsaw grouper, snowy grouper, and speckled hind)--(1)
Commercial sector. The IFQ program for groupers and tilefishes
in the Gulf of Mexico serves as the accountability measure for
commercial DWG. The commercial ACT for DWG is equal to the
applicable quota specified in § 622.39(a)(1)(ii). The commercial
ACL for DWG, in gutted weight, is 1.160 million lb (0.526
95
million kg) for 2014, 1.150 million lb (0.522 million kg) for
2015, and 1.070 million lb (0.485 million kg) for 2016 and
subsequent fishing years.
(2) Recreational sector. If the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the
stock complex ACL specified in paragraph (f)(3) of this section,
then during the following fishing year, if the sum of commercial
and recreational landings reaches or is projected to reach the
applicable ACL specified in paragraph (f)(3) of this section,
the AA will file a notification with the Office of the Federal
Register to close the recreational sector for the remainder of
that fishing year.
(3) The stock complex ACLs for DWG, in gutted weight, are
1.216 million lb (0.552 million kg) for 2012, 1.207 million lb
(0.547 million kg) for 2013, 1.198 million lb (0.543 million kg)
for 2014, 1.189 million lb (0.539 million kg) for 2015, and
1.105 million lb (0.501 million kg) for 2016 and subsequent
years.
(g) Tilefishes combined (including goldface tilefish,
blueline tilefish, and tilefish)--(1) Commercial sector. The IFQ
program for groupers and tilefishes in the Gulf of Mexico serves
as the accountability measure for commercial tilefishes. The
commercial ACT for tilefishes is equal to the quota specified in
§ 622.39(a)(1)(iv). The commercial ACL for tilefishes, in gutted
weight, is 606,000 lb (274,877 kg).
(2) Recreational sector. If the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the
stock complex ACL specified in paragraph (g)(3) of this section,
then during the following fishing year, if the sum of commercial
and recreational landings reaches or is projected to reach the
applicable ACL specified in paragraph (g)(3) of this section,
the AA will file a notification with the Office of the Federal
Register to close the recreational sector for the remainder of
that fishing year.
(3) The stock complex ACL for tilefishes is 608,000 lb
(275,784 kg), gutted weight.
(h) Lesser amberjack, almaco jack, and banded rudderfish,
combined. If the sum of the commercial and recreational
landings, as estimated by the SRD, exceeds the stock complex
ACL, then during the following fishing year, if the sum of
commercial and recreational landings reaches or is projected to
reach the stock complex ACL, the AA will file a notification
with the Office of the Federal Register to close the commercial
and recreational sectors for the remainder of that fishing year.
The stock complex ACL for lesser amberjack, almaco jack, and
banded rudderfish, is 312,000 lb (141,521 kg), round weight.
(i) Silk snapper, queen snapper, blackfin snapper, and
96
wenchman, combined. If the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the
stock complex ACL, then during the following fishing year, if
the sum of commercial and recreational landings reaches or is
projected to reach the stock complex ACL, the AA will file a
notification with the Office of the Federal Register to close
the commercial and recreational sectors for the remainder of
that fishing year. The stock complex ACL for silk snapper, queen
snapper, blackfin snapper, and wenchman, is 166,000 lb (75,296
kg), round weight.
(j) Vermilion snapper. If the sum of the commercial and
recreational landings, as estimated by the SRD, reaches or is
projected to reach the stock ACL, the AA will file a
notification with the Office of the Federal Register to close
the commercial and recreational sectors for the remainder of the
fishing year. The stock ACL for vermilion snapper is 3.42
million lb (1.55 million kg), round weight.
(k) Lane snapper. If the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the
stock ACL, then during the following fishing year, if the sum of
commercial and recreational landings reaches or is projected to
reach the stock ACL, the AA will file a notification with the
Office of the Federal Register to close the commercial and
recreational sectors for the remainder of that fishing year. The
stock ACL for lane snapper is 301,000 lb (136,531 kg), round
weight.
(l) Gray snapper. If the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the
stock ACL, then during the following fishing year, if the sum of
commercial and recreational landings reaches or is projected to
reach the stock ACL, the AA will file a notification with the
Office of the Federal Register to close the commercial and
recreational sectors for the remainder of that fishing year. The
stock ACL for gray snapper is 2.42 million lb (1.10 million kg),
round weight.
(m) Cubera snapper. If the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the
stock ACL, then during the following fishing year, if the sum of
commercial and recreational landings reaches or is projected to
reach the stock ACL, the AA will file a notification with the
Office of the Federal Register to close the commercial and
recreational sectors for the remainder of that fishing year. The
stock ACL for cubera snapper is 5,065 lb (2,297 kg), round
weight.
(n) Yellowtail snapper. If the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the
stock ACL, then during the following fishing year, if the sum of
97
commercial and recreational landings reaches or is projected to
reach the stock ACL, the AA will file a notification with the
Office of the Federal Register to close the commercial and
recreational sectors for the remainder of that fishing year. The
stock ACL for yellowtail snapper is 901,125 lb (408,743 kg),
round weight.
(o) Mutton snapper. If the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the
stock ACL, then during the following fishing year, if the sum of
commercial and recreational landings reaches or is projected to
reach the stock ACL, the AA will file a notification with the
Office of the Federal Register to close the commercial and
recreational sectors for the remainder of that fishing year. The
stock ACL for mutton snapper is 203,000 lb (92,079 kg), round
weight.
(p) Hogfish. If the sum of the commercial and recreational
landings, as estimated by the SRD, exceeds the stock ACL, then
during the following fishing year, if the sum of commercial and
recreational landings reaches or is projected to reach the stock
ACL, the AA will file a notification with the Office of the
Federal Register to close the commercial and recreational
sectors for the remainder of that fishing year. The stock ACL
for hogfish is 208,000 lb (94,347 kg), round weight.
(q) Red snapper--(1) Commercial sector. The IFQ program for
red snapper in the Gulf of Mexico serves as the accountability
measure for commercial red snapper. The commercial ACL for red
snapper is equal to the applicable commercial quota specified in
§ 622.39(a)(1)(i).
(2) Recreational sector. (i) The recreational ACL is equal
to the total recreational quota specified in §
622.39(a)(2)(i)(A). The AA will determine the length of the red
snapper recreational fishing season, or recreational fishing
seasons for the Federal charter vessel/headboat and private
angling components, based on when recreational landings are
projected to reach the recreational ACT, or respective
recreational component ACT specified in paragraph (q)(2)(iii) of
this section, and announce the closure date(s) in the Federal
Register. These seasons will serve as in-season accountability
measures. On and after the effective date of the recreational
closure or recreational component closure notifications, the bag
and possession limit for red snapper or for the respective
component is zero. When the recreational sector or Federal
charter vessel/headboat component is closed, this bag and
possession limit applies in the Gulf on board a vessel for which
a valid Federal charter vessel/headboat permit for Gulf reef
fish has been issued, without regard to where such species were
harvested, i.e., in state or Federal waters.
98
(ii) In addition to the measures specified in paragraph
(q)(2)(i) of this section, if red snapper recreational landings,
as estimated by the SRD, exceed the total recreational quota
specified in § 622.39(a)(2)(i)(A), and red snapper are
overfished, based on the most recent Status of U.S. Fisheries
Report to Congress, the AA will file a notification with the
Office of the Federal Register to reduce the total recreational
quota by the amount of the quota overage in the prior fishing
year, and reduce the applicable recreational component quota(s)
specified in § 622.39(a)(2)(i)(B) and (C) and the applicable
recreational component ACT(s) specified in paragraph (q)(2)(iii)
of this section (based on the buffer between the total
recreational ACT and the total recreational quota specified in
the FMP), unless NMFS determines based upon the best scientific
information available that a greater, lesser, or no overage
adjustment is necessary.
(iii) Recreational ACT for red snapper. (A) Total
recreational ACT (Federal charter vessel/headboat and private
angling component ACTs combined).
(1) For fishing year 2015--5.606 million lb (2.543 million
kg), round weight.
(2) For fishing year 2016--5.472 million lb (2.482 million
kg), round weight.
(3) For fishing year 2017 and subsequent fishing years--
5.384 million lb (2.442 million kg), round weight.
(B) Federal charter vessel/headboat component ACT. The
Federal charter vessel/headboat component ACT applies to vessels
that have been issued a valid Federal charter vessel/headboat
permit for Gulf reef fish any time during the fishing year. This
component ACT is effective for only the 2015, 2016, and 2017
fishing years. For the 2018 and subsequent fishing years, the
applicable total recreational quota specified in §
622.39(a)(2)(i)(A) will apply to the recreational sector.
(1) For fishing year 2015--2.371 million lb (1.075 million
kg), round weight.
(2) For fishing year 2016--2.315 million lb (1.050 million
kg), round weight.
(3) For fishing year 2017--2.278 million lb (1.033 million
kg), round weight.
(C) Private angling component ACT. The private angling
component ACT applies to vessels that fish under the bag limit
and have not been issued a Federal charter vessel/headboat
permit for Gulf reef fish any time during the fishing year. This
component ACT is effective for only the 2015, 2016, and 2017
fishing years. For the 2018 and subsequent fishing years, the
applicable total recreational quota specified in §
622.39(a)(2)(i)(A) will apply to the recreational sector.
99
(1) For fishing year 2015--3.234 million lb (1.467 million
kg), round weight.
(2) For fishing year 2016--3.158 million lb (1.432 million
kg), round weight.
(3) For fishing year 2017--3.108 million lb (1.410 million
kg), round weight.
§ 622.42 Adjustment of management measures.
In accordance with the framework procedures of the FMP for
the Reef Fish Resources of the Gulf of Mexico, the RA may
establish or modify the items specified in paragraph (a) of this
section for Gulf reef fish.
(a) For a species or species group: reporting and
monitoring requirements, permitting requirements, bag and
possession limits (including a bag limit of zero), size limits,
vessel trip limits, closed seasons or areas and reopenings,
annual catch limits (ACLs), annual catch targets (ACTs), quotas
(including a quota of zero), accountability measures (AMs), MSY
(or proxy), OY, management parameters such as overfished and
overfishing definitions, gear restrictions (ranging from
regulation to complete prohibition), gear markings and
identification, vessel markings and identification, allowable
biological catch (ABC) and ABC control rules, rebuilding plans,
and restrictions relative to conditions of harvested fish
(maintaining fish in whole condition, use as bait).
(b) [Reserved]
§ 622.43 Commercial trip limits.
Commercial trip limits are limits on the amount of the
applicable species that may be possessed on board or landed,
purchased, or sold from a vessel per day. A person who fishes in
the EEZ may not combine a trip limit specified in this section
with any trip or possession limit applicable to state waters. A
species subject to a trip limit specified in this section taken
in the EEZ may not be transferred at sea, regardless of where
such transfer takes place, and such species may not be
transferred in the EEZ. Commercial trip limits apply as follows:
(a) Greater amberjack. Until the quota specified in
§ 622.39 (a)(1)(v) is reached, 2,000 lb (907 kg), round weight.
See § 622.39 (b) for the limitations regarding greater amberjack
after the quota is reached.
(b) Gray triggerfish. Until the commercial ACT (commercial
quota) specified in § 622.39(a)(1)(vi) is reached--12 fish. See
§ 622.39(b) for the limitations regarding gray triggerfish after
the commercial ACT (commercial quota) is reached.
100
Return to Table of Contents
Subpart C--Shrimp Fishery of the Gulf of Mexico
§ 622.50 Permits, permit moratorium, and endorsements.
(a) Gulf shrimp permit. For a person aboard a vessel to
fish for shrimp in the Gulf EEZ or possess shrimp in or from the
Gulf EEZ, a commercial vessel permit for Gulf shrimp must have
been issued to the vessel and must be on board. See paragraph
(b) of this section regarding a moratorium on commercial vessel
permits for Gulf shrimp and the associated provisions. See
paragraph (c) of this section, regarding an additional
endorsement requirement related to royal red shrimp.
(b) Moratorium on commercial vessel permits for Gulf
shrimp. The provisions of this paragraph (b) are applicable
through October 26, 2016.
(1) Moratorium permits are required. The only valid
commercial vessel permits for Gulf shrimp are commercial vessel
moratorium permits for Gulf shrimp. In accordance with the
procedures specified in the Fishery Management Plan for the
Shrimp Fishery of the Gulf of Mexico (Gulf Shrimp FMP), all
commercial vessel moratorium permits for Gulf shrimp have been
issued. No additional permits will be issued.
(2) Permit transferability. Commercial vessel moratorium
permits for Gulf shrimp are fully transferable, with or without
the sale of the vessel. To request that the RA transfer a
commercial vessel moratorium permit for Gulf shrimp, the owner
of a vessel that is to receive the transferred permit must
complete the transfer information on the reverse of the permit
and return the permit and a completed application for transfer
to the RA. Transfer documents must be notarized as specified in
§ 622.4(f)(1).
(3) Renewal. (i) Renewal of a commercial vessel moratorium
permit for Gulf shrimp is contingent upon compliance with the
recordkeeping and reporting requirements for Gulf shrimp
specified in § 622.51(a).
(ii) A commercial vessel moratorium permit for Gulf shrimp
that is not renewed will be terminated and will not be reissued
during the moratorium. A permit is considered to be not renewed
when an application for renewal, as required, is not received by
the RA within 1 year of the expiration date of the permit.
(c) Gulf royal red shrimp endorsement. For a person aboard
a vessel to fish for royal red shrimp in the Gulf EEZ or possess
royal red shrimp in or from the Gulf EEZ, a commercial vessel
permit for Gulf shrimp with a Gulf royal red shrimp endorsement
101
must be issued to the vessel and must be on board.
(d) Permit procedures. See § 622.4 for information
regarding general permit procedures including, but not limited
to, application, fees, duration, transfer, renewal, display,
sanctions and denials, and replacement.
§ 622.51 Recordkeeping and reporting.
(a) Commercial vessel owners and operators--(1) General
reporting requirement. The owner or operator of a vessel that
fishes for shrimp in the Gulf EEZ or in adjoining state waters,
or that lands shrimp in an adjoining state, must provide
information for any fishing trip, as requested by the SRD,
including, but not limited to, vessel identification, gear,
effort, amount of shrimp caught by species, shrimp condition
(heads on/heads off), fishing areas and depths, and person to
whom sold.
(2) Electronic logbook reporting. The owner or operator of
a vessel for which a Federal commercial vessel permit for Gulf
shrimp has been issued and who is selected by the SRD must
participate in the NMFS-sponsored electronic logbook reporting
program as directed by the SRD. In addition, such owner or
operator must provide information regarding the size and number
of shrimp trawls deployed and the type of bycatch reduction
device (BRD) and turtle excluder device used, as directed by the
SRD. Compliance with the reporting requirements of this
paragraph (a)(2) is required for permit renewal.
(3) Vessel and Gear Characterization Form. All owners or
operators of vessels applying for or renewing a commercial
vessel moratorium permit for Gulf shrimp must complete an annual
Gulf Shrimp Vessel and Gear Characterization Form. The form will
be provided by NMFS at the time of permit application and
renewal. Compliance with this reporting requirement is required
for permit issuance and renewal.
(4) Landings report. The owner or operator of a vessel for
which a Federal commercial vessel permit for Gulf shrimp has
been issued must annually report the permitted vessel’s total
annual landings of shrimp and value, by species, on a form
provided by the SRD. Compliance with this reporting requirement
is required for permit renewal.
(b) Gulf shrimp dealers. A person who purchases shrimp from
a vessel, or person, that fishes for shrimp in the Gulf EEZ or
in adjoining state waters, or that lands shrimp in an adjoining
state, must provide the following information when requested by
the SRD:
(1) Name and official number of the vessel from which
shrimp were received or the name of the person from whom shrimp
102
were received, if received from other than a vessel.
(2) Amount of shrimp received by species and size category
for each receipt.
(3) Ex-vessel value, by species and size category, for each
receipt.
§ 622.52 At-sea observer coverage.
(a) Required coverage. A vessel for which a Federal
commercial vessel permit for Gulf shrimp has been issued must
carry a NMFS-approved observer, if the vessel’s trip is selected
by the SRD for observer coverage. Vessel permit renewal is
contingent upon compliance with this paragraph (a).
(b) Notification to the SRD. When observer coverage is
required, an owner or operator must advise the SRD in writing
not less than 5 days in advance of each trip of the following:
(1) Departure information (port, dock, date, and time).
(2) Expected landing information (port, dock, and date).
(c) Observer accommodations and access. An owner or
operator of a vessel on which a NMFS-approved observer is
embarked must:
(1) Provide accommodations and food that are equivalent to
those provided to the crew.
(2) Allow the observer access to and use of the vessel's
communications equipment and personnel upon request for the
transmission and receipt of messages related to the observer's
duties.
(3) Allow the observer access to and use of the vessel's
navigation equipment and personnel upon request to determine the
vessel's position.
(4) Allow the observer free and unobstructed access to the
vessel's bridge, working decks, holding bins, weight scales,
holds, and any other space used to hold, process, weigh, or
store fish.
(5) Allow the observer to inspect and copy the vessel's
log, communications logs, and any records associated with the
catch and distribution of fish for that trip.
§ 622.53 Bycatch reduction device (BRD) requirements.
(a) BRD requirement for Gulf shrimp. On a shrimp trawler in
the Gulf EEZ, each net that is rigged for fishing must have a
BRD installed that is listed in paragraph (a)(3) of this section
and is certified or provisionally certified for the area in
which the shrimp trawler is located, unless exempted as
specified in paragraphs (a)(1)(i) through (iv) of this section.
A trawl net is rigged for fishing if it is in the water, or if
103
it is shackled, tied, or otherwise connected to a sled, door, or
other device that spreads the net, or to a tow rope, cable,
pole, or extension, either on board or attached to a shrimp
trawler.
(1) Exemptions from BRD requirement–-(i) Royal red shrimp
exemption. A shrimp trawler is exempt from the requirement to
have a certified or provisionally certified BRD installed in
each net provided that at least 90 percent (by weight) of all
shrimp on board or offloaded from such trawler are royal red
shrimp.
(ii) Try net exemption. A shrimp trawler is exempt from the
requirement to have a certified or provisionally certified BRD
installed in a single try net with a headrope length of 16 ft
(4.9 m) or less provided the single try net is either placed
immediately in front of another net or is not connected to
another net.
(iii) Roller trawl exemption. A shrimp trawler is exempt
from the requirement to have a certified or provisionally
certified BRD installed in up to two rigid-frame roller trawls
that are 16 ft (4.9 m) or less in length used or possessed on
board. A rigid-frame roller trawl is a trawl that has a mouth
formed by a rigid frame and a grid of rigid vertical bars; has
rollers on the lower horizontal part of the frame to allow the
trawl to roll over the bottom and any obstruction while being
towed; and has no doors, boards, or similar devices attached to
keep the mouth of the trawl open.
(iv) BRD certification testing exemption. A shrimp trawler
that is authorized by the RA to participate in the pre-
certification testing phase or to test a BRD in the EEZ for
possible certification, has such written authorization on board,
and is conducting such test in accordance with the “Bycatch
Reduction Device Testing Manual” is granted a limited exemption
from the BRD requirement specified in this section. The
exemption from the BRD requirement is limited to those trawls
that are being used in the certification trials. All other
trawls rigged for fishing must be equipped with certified or
provisionally certified BRDs.
(2) Procedures for certification and decertification of
BRDs. The process for the certification of BRDs consists of two
phases--an optional pre-certification phase and a required
certification phase. The RA may also provisionally certify a
BRD.
(i) Pre-certification. The pre-certification phase allows a
person to test and evaluate a new BRD design for up to 60 days
without being subject to the observer requirements and rigorous
testing requirements specified for certification testing in the
“Bycatch Reduction Device Testing Manual.”
104
(A) A person who wants to conduct pre-certification phase
testing must submit an application to the RA, as specified in
the “Bycatch Reduction Device Testing Manual.” The “Bycatch
Reduction Device Testing Manual”, which is available from the
RA, upon request, contains the application forms.
(B) After reviewing the application, the RA will determine
whether to issue a letter of authorization (LOA) to conduct pre-
certification trials upon the vessel specified in the
application. If the RA authorizes pre-certification, the RA's
LOA must be on board the vessel during any trip involving the
BRD testing.
(ii) Certification. A person who proposes a BRD for
certification for use in the Gulf EEZ must submit an application
to test such BRD, conduct the testing, and submit the results of
the test in accordance with the “Bycatch Reduction Device
Testing Manual.” The RA will issue a LOA to conduct
certification trials upon the vessel specified in the
application if the RA finds that: The operation plan submitted
with the application meets the requirements of the “Bycatch
Reduction Device Testing Manual”; the observer identified in the
application is qualified; and the results of any pre-
certification trials conducted have been reviewed and deemed to
indicate a reasonable scientific basis for conducting
certification testing. If authorization to conduct certification
trials is denied, the RA will provide a letter of explanation to
the applicant, together with relevant recommendations to address
the deficiencies resulting in the denial. To be certified for
use in the fishery, the BRD candidate must successfully
demonstrate a 30-percent reduction in total weight of finfish
bycatch. In addition, the BRD candidate must satisfy the
following conditions: There is at least a 50-percent probability
the true reduction rate of the BRD candidate meets the bycatch
reduction criterion and there is no more than a 10-percent
probability the true reduction rate of the BRD candidate is more
than 5 percentage points less than the bycatch reduction
criterion. If a BRD meets both conditions, consistent with the
“Bycatch Reduction Device Testing Manual”, NMFS, through
appropriate rulemaking procedures, will add the BRD to the list
of certified BRDs in paragraph (a)(3) of this section; and
provide the specifications for the newly certified BRD,
including any special conditions deemed appropriate based on the
certification testing results.
(iii) Provisional certification. Based on data provided
consistent with the “Bycatch Reduction Device Testing Manual”,
the RA may provisionally certify a BRD if there is at least a
50-percent probability the true reduction rate of the BRD is no
more than 5 percentage points less than the bycatch reduction
105
criterion, i.e., 25 percent reduction in total weight of finfish
bycatch. Through appropriate rulemaking procedures, NMFS will
add the BRD to the list of provisionally certified BRDs in
paragraph (a)(3) of this section; and provide the specifications
for the BRD, including any special conditions deemed appropriate
based on the certification testing results. A provisional
certification is effective for 2 years from the date of
publication of the notification in the Federal Register
announcing the provisional certification.
(iv) Decertification. The RA will decertify a BRD if NMFS
determines the BRD does not meet the requirements for
certification or provisional certification. Before determining
whether to decertify a BRD, the RA will notify the Gulf of
Mexico Fishery Management Council in writing, and the public
will be provided an opportunity to comment on the advisability
of any proposed decertification. The RA will consider any
comments from the Council and public, and if the RA elects to
decertify the BRD, the RA will proceed with decertification via
appropriate rulemaking.
(3) Certified and provisionally certified BRDs--(i)
Certified BRDS. The following BRDs are certified for use in the
Gulf EEZ. Specifications of these certified BRDs are contained
in Appendix D to this part.
(A) Fisheye–-see Appendix D to part 622 for separate
specifications in the Gulf and South Atlantic EEZ.
(B) Jones-Davis.
(C) Modified Jones-Davis.
(D) Cone Fish Deflector Composite Panel.
(E) Square Mesh Panel (SMP) Composite Panel.
(ii) [Reserved]
(b) [Reserved]
§ 622.54 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases
all fisheries.
(a) Traps for royal red shrimp in the Gulf EEZ and transfer
at sea. A trap may not be used to fish for royal red shrimp in
the Gulf EEZ. Possession of a trap and royal red shrimp on board
a vessel is prohibited. A trap used to fish for royal red shrimp
in the Gulf EEZ may be disposed of in any appropriate manner by
the Assistant Administrator or an authorized officer. In
addition, royal red shrimp cannot be transferred in the Gulf
EEZ, and royal red shrimp taken in the Gulf EEZ cannot be
transferred at sea regardless of where the transfer takes place.
(b) [Reserved]
106
§ 622.55 Closed areas.
(a) Texas closure. (1) From 30 minutes after official
sunset on May 15 to 30 minutes after official sunset on July 15,
trawling, except trawling for royal red shrimp beyond the 100-
fathom (183-m) depth contour, is prohibited in the Gulf EEZ off
Texas.
(2) In accordance with the procedures and restrictions of
the Gulf Shrimp FMP, the RA may adjust the closing and/or
opening date of the Texas closure to provide an earlier, later,
shorter, or longer closure, but the duration of the closure may
not exceed 90 days or be less than 45 days. Notification of the
adjustment of the closing or opening date will be published in
the Federal Register.
(b) Southwest Florida seasonal trawl closure. From January
1 to 1 hour after official sunset on May 20, each year,
trawling, including trawling for live bait, is prohibited in
that part of the Gulf EEZ shoreward of rhumb lines connecting,
in order, the following points:
Point
West long.
B1
81°58.5'
C
82°04.0'
D
81°47.6'
E
81°50.5'
M1
81°46.4'
1On the seaward limit of Florida's waters.__________________
(c) Tortugas shrimp sanctuary. (1) The Tortugas shrimp
sanctuary is closed to trawling. The Tortugas shrimp sanctuary
is that part of the EEZ off Florida shoreward of rhumb lines
connecting, in order, the following points:
Point
West long.
N1
81°37.9'
F
81°51.3'
G2
82°26.7'
H3
82°35.2'
P4
82°08.0'
1Coon Key Light.
107
2New Ground Rocks Light.
3Rebecca Shoal Light.
4Marquessas Keys.___________________________________________
(2) The provisions of paragraph (c)(1) of this section
notwithstanding--
(i) Effective from April 11 through September 30, each
year, that part of the Tortugas shrimp sanctuary seaward of
rhumb lines connecting the following points is open to trawling:
From point T at 24°47.8' N. lat., 82°01.0' W. long. to point U
at 24°43.83' N. lat., 82°01.0' W. long. (on the line denoting
the seaward limit of Florida's waters); thence along the seaward
limit of Florida's waters, as shown on the current edition of
NOAA chart 11439, to point V at 24°42.55' N. lat., 82°15.0' W.
long.; thence north to point W at 24°43.6' N. lat., 82°15.0' W.
long.
(ii) Effective from April 11 through July 31, each year,
that part of the Tortugas shrimp sanctuary seaward of rhumb
lines connecting the following points is open to trawling: From
point W to point V, both points as specified in paragraph
(c)(2)(i) of this section, to point G, as specified in paragraph
(c)(1) of this section.
(iii) Effective from May 26 through July 31, each year,
that part of the Tortugas shrimp sanctuary seaward of rhumb
lines connecting the following points is open to trawling: From
point F, as specified in paragraph (d)(1) of this section, to
point Q at 24°46.7' N. lat., 81°52.2' W. long. (on the line
denoting the seaward limit of Florida's waters); thence along
the seaward limit of Florida's waters, as shown on the current
edition of NOAA chart 11439, to point U and north to point T,
both points as specified in paragraph (c)(2)(i) of this section.
(d) Closures of the Gulf shrimp fishery to reduce red
snapper bycatch. During a closure implemented in accordance with
this paragraph (d), trawling is prohibited within the specified
closed area(s).
(1) Procedure for determining need for and extent of
closures. Each year, in accordance with the applicable framework
procedure established in the Gulf Shrimp FMP, the RA will, if
necessary, establish a seasonal area closure for the shrimp
fishery in all or a portion of the areas of the Gulf EEZ
specified in paragraphs (d)(2) through (d)(4) of this section.
The RA’s determination of the need for such closure and its
geographical scope and duration will be based on an annual
assessment, by the Southeast Fisheries Science Center, of the
shrimp effort and associated shrimp trawl bycatch mortality on
red snapper in the 10-30 fathom area of statistical zones 10-21,
compared to the 67-percent target reduction of shrimp trawl
bycatch mortality on red snapper from the benchmark years of
108
2001-2003 established in the FMP (which corresponds in terms of
annual shrimp effort to 27,328 days fished). The framework
procedure provides for adjustment of this target reduction
level, consistent with the red snapper stock rebuilding plan and
the findings of subsequent stock assessments, via appropriate
rulemaking. The assessment will use shrimp effort data for the
most recent 12-month period available and will include a
recommendation regarding the geographical scope and duration of
the closure. The Southeast Fisheries Science Center’s assessment
will be provided to the RA on or about March 1 of each year. If
the RA determines that a closure is necessary, the closure falls
within the scope of the potential closures evaluated in the Gulf
Shrimp FMP, and good cause exists to waive notice and comment,
NMFS will implement the closure by publication of a final rule
in the Federal Register. If such good cause waiver is not
justified, NMFS will implement the closure via appropriate
notice and comment rulemaking. NMFS intends that any closure
implemented consistent with this paragraph (l) will begin on the
same date and time as the Texas closure unless circumstances
dictate otherwise.
(2) Eastern zone. The eastern zone is bounded by rhumb
lines connecting, in order, the following points:
Point
West long.
A
88°57'
B
88°34'
C
87°38'
D
87°00'
E
88°41'
F
88°37'
G
88°59'
A
88°57'
(3) Louisiana zone. The Louisiana zone is bounded by rhumb
lines connecting, in order, the following points:
Point
West long.
A
93°41.4'
B
92°36'
C
90°44'
109
D
89°48'
E
89°34'
F
90°09'
G
90°33'
H
91°37'
I
93°28.4'
A
93°41.4'
(4) Texas zone. The Texas zone is bounded by rhumb lines
connecting, in order, the following points:
Point
West long.
A
93°41.4'
B
95°15'
C
96°17'
D
96°53'
E
97°11'
F
96°57.3'
G
96°35.85'
H
96°36'
I
96°52'
J
96°51'
K
96°33'
L
96°04'
M
93°28.4'
A
93°41.4'
(e) Shrimp/stone crab separation zones. Five zones are
established in the Gulf EEZ and Florida's waters off Citrus and
Hernando Counties for the separation of shrimp trawling and
stone crab trapping. Although Zone II is entirely within
Florida's waters, it is included in this paragraph (e) for the
110
convenience of fishermen. Restrictions that apply to Zone II and
those parts of the other zones that are in Florida's waters are
contained in Rule 68B-38.001, Florida Administrative Code, in
effect as of March 1, 2005 (incorporated by reference, see §
622.413). Geographical coordinates of the points referred to in
this paragraph (e) are as follows:
Point
West long.
A
82°45'36"
B
83°00'10"
C
82°59'47"
D
82°56'54"
E
82°55'25"
F
82°56'09"
G
82°56'19"
H
82°51'19"
I1
82°44'52"
J2
82°44'00"
K
82°54'16"
L
82°53'56"
M3
82°38'46"
N
82°53'12"
O
82°55'11"
P
82°53'08"
Q
82°47'58"
R
82°47'47"
S
82°52'55"
T
82°55'09"
U
82°52'09"
1Crystal River Entrance Light 1A.
2Long Pt. (southwest tip).
3Shoreline._________________________________________________
111
(1) Zone I is enclosed by rhumb lines connecting, in order,
points A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline
between points A and J. It is unlawful to trawl in that part of
Zone I that is in the EEZ from October 5 through May 20, each
year.
(2) Zone II is enclosed by rhumb lines connecting, in
order, points J, I, H, K, L, and M, plus the shoreline between
points J and M. Restrictions that apply to Zone II and those
parts of the other zones that are in Florida's waters are
contained in Rule 68B-38.001, Florida Administrative Code, in
effect as of March 1, 2005 (incorporated by reference, see §
622.413).
(3) Zone III is enclosed by rhumb lines connecting, in
order, points P, Q, R, U, S, and P. It is unlawful to trawl in
that part of Zone III that is in the EEZ from October 5 through
May 20, each year.
(4) Zone IV is enclosed by rhumb lines connecting, in
order, points E, N, S, O, and E.
(i) It is unlawful to place a stone crab trap in that part
of Zone IV that is in the EEZ from October 5 through December 1
and from April 2 through May 20, each year.
(ii) It is unlawful to trawl in that part of Zone IV that
is in the EEZ from December 2 through April 1, each year.
(5) Zone V is enclosed by rhumb lines connecting, in order,
points F, G, K, L, and F.
(i) It is unlawful to place a stone crab trap in that part
of Zone V that is in the EEZ from October 5 through November 30
and from March 16 through May 20, each year.
(ii) It is unlawful to trawl in that part of Zone V that is
in the EEZ from December 1 through March 15, each year.
§ 622.56 Size limits.
Shrimp not in compliance with the applicable size limit as
specified in this section may not be possessed, sold, or
purchased and must be released immediately with a minimum of
harm. The operator of a vessel that fishes in the EEZ is
responsible for ensuring that shrimp on board are in compliance
with the size limit specified in this section.
(a) White shrimp. White shrimp harvested in the Gulf EEZ
are subject to the minimum-size landing and possession limits of
Louisiana when possessed within the jurisdiction of that State.
(b)[Reserved]
§ 622.57 [Removed and Reserved]
112
§ 622.58 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
(a) Royal red shrimp in the Gulf--(1) Commercial sector. If
commercial landings, as estimated by the SRD, exceed the
commercial ACL, then during the following fishing year, if
commercial landings reach or are projected to reach the
commercial ACL, the AA will file a notification with the Office
of the Federal Register to close the commercial sector for the
remainder of that fishing year. When the commercial sector is
closed, royal red shrimp in or from the Gulf EEZ may not be
retained, and the sale or purchase of royal red shrimp taken
from the Gulf EEZ is prohibited. This prohibition on sale or
purchase during a closure for royal red shrimp does not apply to
royal red shrimp that were harvested, landed ashore, and sold
prior to the effective date of the closure and were held in cold
storage by a dealer or processor. The commercial ACL for royal
red shrimp is 337,000 lb (152,861 kg), tail weight.
(2) [Reserved]
(b) [Reserved]
§ 622.59 Prevention of gear conflicts.
(a) No person may knowingly place in the Gulf EEZ any
article, including fishing gear, that interferes with fishing or
obstructs or damages fishing gear or the fishing vessel of
another; or knowingly use fishing gear in such a fashion that it
obstructs or damages the fishing gear or fishing vessel of
another.
(b) In accordance with the procedures and restrictions of
the Gulf Shrimp FMP, the RA may modify or establish separation
zones for shrimp trawling and the use of fixed gear to prevent
gear conflicts. Necessary prohibitions or restrictions will be
published in the Federal Register.
§ 622.60 Adjustment of management measures.
In accordance with the framework procedures of the Gulf
Shrimp FMP, the RA may establish or modify the following:
(a) Gulf penaeid shrimp. For a species or species group:
reporting and monitoring requirements, permitting requirements,
size limits, vessel trip limits, closed seasons or areas and
reopenings, quotas (including a quota of zero), MSY (or proxy),
OY, management parameters such as overfished and overfishing
definitions, gear restrictions (ranging from regulation to
complete prohibition), gear markings and identification, vessel
markings and identification, allowable biological catch (ABC)
113
and ABC control rules, rebuilding plans, restrictions relative
to conditions of harvested shrimp (maintaining shrimp in whole
condition, use as bait), target effort and fishing mortality
reduction levels, bycatch reduction criteria, BRD certification
and decertification criteria, BRD testing protocol and certified
BRD specifications.
(b) Gulf royal red shrimp. Reporting and monitoring
requirements, permitting requirements, size limits, vessel trip
limits, closed seasons or areas and reopenings, annual catch
limits (ACLs), annual catch targets (ACTs), quotas (including a
quota of zero), accountability measures (AMs), MSY (or proxy),
OY, management parameters such as overfished and overfishing
definitions, gear restrictions (ranging from regulation to
complete prohibition), gear markings and identification, vessel
markings and identification, ABC and ABC control rules,
rebuilding plans, and restrictions relative to conditions of
harvested shrimp (maintaining shrimp in whole condition, use as
bait).
Return to Table of Contents
Subpart D--Coral and Coral Reefs of the Gulf of Mexico
§ 622.70 Permits.
See § 622.4 for information regarding general permit
procedures including, but not limited to fees, duration,
transfer, renewal, display, sanctions and denials, and
replacement.
(a) Required permits--(1) Allowable chemical. For an
individual to take or possess fish or other marine organisms
with an allowable chemical in a coral area, other than fish or
other marine organisms that are landed in Florida, a Federal
allowable chemical permit must have been issued to the
individual. Such permit must be available when the permitted
activity is being conducted and when such fish or other marine
organisms are possessed, through landing ashore.
(2) Aquacultured live rock. For a person to take or possess
aquacultured live rock in the Gulf EEZ, a Federal aquacultured
live rock permit must have been issued for the specific harvest
site. Such permit, or a copy, must be on board a vessel
depositing or possessing material on an aquacultured live rock
site or harvesting or possessing live rock from an aquacultured
live rock site.
(3) Prohibited coral. A Federal permit may be issued to
take or possess Gulf prohibited coral only as scientific
research activity, exempted fishing, or exempted educational
114
activity. See § 600.745 of this chapter for the procedures and
limitations for such activities and fishing.
(4) Florida permits. Appropriate Florida permits and
endorsements are required for the following activities, without
regard to whether they involve activities in the EEZ or
Florida's waters:
(i) Landing in Florida fish or other marine organisms taken
with an allowable chemical in a coral area.
(ii) Landing allowable octocoral in Florida.
(iii) Landing live rock in Florida.
(b) Application. (1) The applicant for a coral permit must
be the individual who will be conducting the activity that
requires the permit. In the case of a corporation or partnership
that will be conducting live rock aquaculture activity, the
applicant must be the principal shareholder or a general
partner.
(2) An applicant must provide the following:
(i) Name, address, telephone number, and other identifying
information of the applicant.
(ii) Name and address of any affiliated company,
institution, or organization.
(iii) Information concerning vessels, harvesting
gear/methods, or fishing areas, as specified on the application
form.
(iv) Any other information that may be necessary for the
issuance or administration of the permit.
(v) If applying for an aquacultured live rock permit,
identification of each vessel that will be depositing material
on or harvesting aquacultured live rock from the proposed
aquacultured live rock site, specification of the port of
landing of aquacultured live rock, and a site evaluation report
prepared pursuant to generally accepted industry standards that-
-
(A) Provides accurate coordinates of the proposed
harvesting site so that it can be located using LORAN or Global
Positioning System equipment;
(B) Shows the site on a chart in sufficient detail to
determine its size and allow for site inspection;
(C) Discusses possible hazards to safe navigation or
hindrance to vessel traffic, traditional fishing operations, or
other public access that may result from aquacultured live rock
at the site;
(D) Describes the naturally occurring bottom habitat at the
site; and
(E) Specifies the type and origin of material to be
deposited on the site and how it will be distinguishable from
the naturally occurring substrate.
115
§ 622.71 Recordkeeping and reporting.
(a) Individuals with aquacultured live rock permits. (1) A
person with a Federal aquacultured live rock permit must report
to the RA each deposition of material on a site. Such reports
must be postmarked not later than 7 days after deposition and
must contain the following information:
(i) Permit number of site and date of deposit.
(ii) Geological origin of material deposited.
(iii) Amount of material deposited.
(iv) Source of material deposited, that is, where obtained,
if removed from another habitat, or from whom purchased.
(2) A person who takes aquacultured live rock must submit a
report of harvest to the RA. Specific reporting requirements
will be provided with the permit. This reporting requirement is
waived for aquacultured live rock that is landed in Florida.
(b) [Reserved]
§ 622.72 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases
all fisheries.
(a) Power-assisted tools. A power-assisted tool may not be
used in the Gulf EEZ to take prohibited coral or live rock.
(b) [Reserved]
§ 622.73 Prohibited species.
(a) General. The harvest and possession restrictions of
this section apply without regard to whether the species is
harvested by a vessel operating under a commercial vessel
permit. The operator of a vessel that fishes in the EEZ is
responsible for the limit applicable to that vessel.
(b) Prohibited coral. Gulf prohibited coral taken as
incidental catch in the Gulf EEZ must be returned immediately to
the sea in the general area of fishing. In fisheries where the
entire catch is landed unsorted, such as the scallop and
groundfish fisheries, unsorted prohibited coral may be landed
ashore; however, no person may sell or purchase such prohibited
coral.
§ 622.74 Area closures to protect Gulf corals.
(a) West and East Flower Garden Banks HAPC. The following
activities are prohibited year-round in the HAPC: Fishing with a
116
bottom longline, bottom trawl, buoy gear, dredge, pot, or trap
and bottom anchoring by fishing vessels.
(1) West Flower Garden Bank. West Flower Garden Bank is
bounded by rhumb lines connecting, in order, the following
points:
Point
West long.
A
93°53'09.6"
B
93°46'46.0"
C
93°46'46.0"
D
93°53'09.6"
A
93°53'09.6"
(2) East Flower Garden Bank. East Flower Garden Bank is
bounded by rhumb lines connecting, in order, the following
points:
Point
West long.
A
93°38'58.2"
B
93°34'03.5"
C
93°34'03.5"
D
93°38'58.2"
A
93°38'58.2"
(b) Florida Middle Grounds HAPC. Fishing with a bottom
longline, bottom trawl, dredge, pot, or trap is prohibited year-
round in the area bounded by rhumb lines connecting, in order,
the following points:
Point
West long.
A
84°24.8'
B
84°16.3'
C
84°00.0'
D
84°07.0'
E
84°24.8'
A
84°24.8'
(c) Tortugas marine reserves HAPC. The following activities
are prohibited within the Tortugas marine reserves HAPC: Fishing
117
for any species and bottom anchoring by fishing vessels.
(1) EEZ portion of Tortugas North. The area is bounded by
rhumb lines connecting the following points: From point A at
24°40'00" N. lat., 83°06'00" W. long. to point B at 24°46'00" N.
lat., 83°06'00" W. long. to point C at 24°46'00" N. lat.,
83°00'00" W. long.; thence along the line denoting the seaward
limit of Florida’s waters, as shown on the current edition of
NOAA chart 11434, to point A at 24°40'00" N. lat., 83°06'00" W.
long.
(2) Tortugas South. The area is bounded by rhumb lines
connecting, in order, the following points:
Point
West long.
A
83°09'00"
B
83°05'00"
C
83°05'00"
D
83°09'00"
A
83°09'00"
(d) Pulley Ridge HAPC. Fishing with a bottom longline,
bottom trawl, buoy gear, pot, or trap and bottom anchoring by
fishing vessels are prohibited year-round in the area of the
HAPC bounded by rhumb lines connecting, in order, the following
points:
Point
West long.
A
83°38'33"
B
83°37'00"
C
83°37'00"
D
83°41'22"
E
83°47'15"
A
83°38'33"
(e) Stetson Bank HAPC. Fishing with a bottom longline,
bottom trawl, buoy gear, pot, or trap and bottom anchoring by
fishing vessels are prohibited year-round in the HAPC, which is
bounded by rhumb lines connecting, in order, the following
points:
Point
West long.
A
94°18'36.5"
118
B
94°17'06.3"
C
94°17'06.3"
D
94°18'36.5"
A
94°18'36.5"
(f) McGrail Bank HAPC. Fishing with a bottom longline,
bottom trawl, buoy gear, pot, or trap and bottom anchoring by
fishing vessels are prohibited year-round in the HAPC, which is
bounded by rhumb lines connecting, in order, the following
points:
Point
West long.
A
92°37'19.2"
B
92°32'17.4"
C
92°32'17.4"
D
92°37'19.2"
A
92°37'19.2"
§ 622.75 Harvest limitations.
(a) Aquacultured live rock. In the Gulf EEZ:
(1) Aquacultured live rock may be harvested only under a
permit, as required under § 622.70(a)(2), and aquacultured live
rock on a site may be harvested only by the person, or his or
her employee, contractor, or agent, who has been issued the
aquacultured live rock permit for the site. A person harvesting
aquacultured live rock is exempt from the prohibition on taking
prohibited coral for such prohibited coral as attaches to
aquacultured live rock.
(2) The following restrictions apply to individual
aquaculture activities:
(i) No aquaculture site may exceed 1 acre (0.4 ha) in size.
(ii) Material deposited on the aquaculture site--
(A) May not be placed over naturally occurring reef
outcrops, limestone ledges, coral reefs, or vegetated areas.
(B) Must be free of contaminants.
(C) Must be nontoxic.
(D) Must be placed on the site by hand or lowered
completely to the bottom under restraint, that is, not allowed
to fall freely.
(E) Must be placed from a vessel that is anchored.
(F) Must be distinguishable, geologically or otherwise (for
119
example, be indelibly marked or tagged), from the naturally
occurring substrate.
(iii) A minimum setback of at least 50 ft (15.2 m) must be
maintained from natural vegetated or hard bottom habitats.
(3) Mechanically dredging or drilling, or otherwise
disturbing, aquacultured live rock is prohibited, and
aquacultured live rock may be harvested only by hand.
(4) Not less than 24 hours prior to harvest of aquacultured
live rock, the owner or operator of the harvesting vessel must
provide the following information to the NMFS Office for Law
Enforcement, Southeast Region, St. Petersburg, FL, by telephone
(727-824-5344):
(i) Permit number of site to be harvested and date of
harvest.
(ii) Name and official number of the vessel to be used in
harvesting.
(iii) Date, port, and facility at which aquacultured live
rock will be landed.
(b) [Reserved]
§ 622.76 Restrictions on sale/purchase.
(a) Gulf wild live rock. Wild live rock in or from the Gulf
EEZ may not be sold or purchased. The prohibition on sale or
purchase does not apply to wild live rock from the Gulf EEZ that
was harvested and landed prior to January 1, 1997.
(b) [Reserved]
§ 622.77 Adjustment of management measures.
In accordance with the framework procedures of the FMP for
Coral and Coral Reefs of the Gulf of Mexico, the RA may
establish or modify the following:
(a) Gulf coral resources. For a species or species group:
reporting and monitoring requirements, permitting requirements,
bag and possession limits (including a bag limit of zero), size
limits, vessel trip limits, closed seasons or areas and
reopenings, annual catch limits (ACLs), annual catch targets
(ACTs), quotas (including a quota of zero), accountability
measures (AMs), MSY (or proxy), OY, TAC, management parameters
such as overfished and overfishing definitions, gear
restrictions (ranging from regulation to complete prohibition),
gear markings and identification, vessel markings and
identification, allowable biological catch (ABC) and ABC control
rules, rebuilding plans, sale and purchase restrictions,
transfer at sea provisions, and restrictions relative to
conditions of harvested corals.
120
(b) [Reserved]
Return to Table of Contents
Subpart E--Red Drum Fishery of the Gulf of Mexico
§ 622.90 Permits.
(a) Dealer permits and conditions--(1) Permits. For a
dealer to first receive Gulf red drum harvested in or from the
EEZ, a Gulf and South Atlantic dealer permit must be issued to
the dealer.
(2) State license and facility requirements. To obtain a
dealer permit, the applicant must have a valid state
wholesaler's license in the state(s) where the dealer operates,
if required by such state(s), and must have a physical facility
at a fixed location in such state(s).
(b) Permit procedures. See § 622.4 for information
regarding general permit procedures including, but not limited
to application, fees, duration, transfer, renewal, display,
sanctions and denials, and replacement.
§ 622.91 Recordkeeping and reporting.
(a) Dealers. A dealer who first receives Gulf red drum must
maintain records and submit information as specified in §
622.5(c).
(b) [Reserved]
§ 622.92 Prohibited species.
(a) General. The harvest and possession restrictions of
this section apply without regard to whether the species is
harvested by a vessel operating under a commercial vessel
permit. The operator of a vessel that fishes in the EEZ is
responsible for the limit applicable to that vessel.
(b) Red drum. Red drum may not be harvested or possessed in
or from the Gulf EEZ. Such fish caught in the Gulf EEZ must be
released immediately with a minimum of harm.
§ 622.93 Adjustment of management measures.
In accordance with the framework procedures of the FMP for
the Red Drum Fishery of the Gulf of Mexico, the RA may establish
or modify the following items:
(a) Reporting and monitoring requirements, permitting
requirements, bag and possession limits (including a bag limit
121
of zero), size limits, vessel trip limits, closed seasons or
areas and reopenings, annual catch limits (ACLs), annual catch
targets (ACTs), quotas (including a quota of zero),
accountability measures (AMs), MSY (or proxy), OY, TAC,
management parameters such as overfished and overfishing
definitions, gear restrictions (ranging from regulation to
complete prohibition), gear markings and identification, vessel
markings and identification, ABC and ABC control rules,
rebuilding plans, sale and purchase restrictions, transfer at
sea provisions, and restrictions relative to conditions of
harvested fish (maintaining fish in whole condition, use as
bait).
(b) [Reserved]
Return to Table of Contents
Subparts F-H [Reserved]
Return to Table of Contents
Subpart I--Snapper-Grouper Fishery of the South Atlantic Region
§ 622.170 Permits and endorsements.
(a) Commercial vessel permits--(1) South Atlantic snapper-
grouper. For a person aboard a vessel to be eligible for
exemption from the bag limits for South Atlantic snapper-grouper
in or from the South Atlantic EEZ, to sell South Atlantic
snapper-grouper in or from the South Atlantic EEZ, to engage in
the directed fishery for golden tilefish in the South Atlantic
EEZ, to use a longline to fish for South Atlantic snapper-
grouper in the South Atlantic EEZ, or to use a sea bass pot in
the South Atlantic EEZ between 35°15.19' N. lat. (due east of
Cape Hatteras Light, NC) and 28°35.1' N. lat. (due east of the
NASA Vehicle Assembly Building, Cape Canaveral, FL), either a
commercial vessel permit for South Atlantic Unlimited Snapper-
Grouper Permit or a trip-limited permit for South Atlantic
snapper-grouper must have been issued to the vessel and must be
on board. A vessel with a trip-limited commercial permit is
limited on any trip to 225 lb (102.1 kg) of snapper-grouper. See
§ 622.171 for limitations on the use, transfer, and renewal of a
commercial vessel permit for South Atlantic snapper-grouper.
(2) Wreckfish. For a person aboard a vessel to be eligible
for exemption from the bag limit for wreckfish in or from the
South Atlantic EEZ, to fish under a quota for wreckfish in or
from the South Atlantic EEZ, or to sell wreckfish in or from the
South Atlantic EEZ, a commercial vessel permit for wreckfish and
122
a commercial permit for South Atlantic snapper-grouper must have
been issued to the vessel and must be on board. To obtain a
commercial vessel permit for wreckfish, the applicant must be a
wreckfish shareholder; and either the shareholder must be the
vessel owner or the owner or operator must be an employee,
contractor, or agent of the shareholder. (See § 622.172 for
information on wreckfish shareholders.)
(b) Charter vessel/headboat permits--(1) South Atlantic
snapper-grouper. For a person aboard a vessel that is operating
as a charter vessel or headboat to fish for or possess, in or
from the EEZ, South Atlantic snapper-grouper, a valid charter
vessel/headboat permit for South Atlantic snapper-grouper must
have been issued to the vessel and must be on board. A charter
vessel or headboat may have both a charter vessel/headboat
permit and a commercial vessel permit. However, when a vessel is
operating as a charter vessel or headboat, a person aboard must
adhere to the bag limits. See the definitions of "Charter
vessel" and "Headboat" in § 622.2 for an explanation of when
vessels are considered to be operating as a charter vessel or
headboat, respectively.
(2) [Reserved]
(c) Dealer permits and conditions--(1) Permits. For a
dealer to first receive South Atlantic snapper-grouper
(including wreckfish) harvested in or from the EEZ, a Gulf and
South Atlantic dealer permit must be issued to the dealer.
(2) State license and facility requirements. To obtain a
dealer permit or endorsement, the applicant must have a valid
state wholesaler's license in the state(s) where the dealer
operates, if required by such state(s), and must have a physical
facility at a fixed location in such state(s).
(d) Permit procedures. See § 622.4 for information
regarding general permit procedures including, but not limited
to application, fees, duration, transfer, renewal, display,
sanctions and denials, and replacement.
(e) South Atlantic black sea bass pot endorsement. For a
person aboard a vessel, for which a valid commercial vessel
permit for South Atlantic snapper-grouper unlimited has been
issued, to use a black sea bass pot in the South Atlantic EEZ, a
valid South Atlantic black sea bass pot endorsement must have
been issued to the vessel and must be on board. A permit or
endorsement that has expired is not valid. This endorsement must
be renewed annually and may only be renewed if the associated
vessel has a valid commercial vessel permit for South Atlantic
snapper-grouper unlimited or if the endorsement and associated
permit are being concurrently renewed. The RA will not reissue
this endorsement if the endorsement is revoked or if the RA does
not receive a complete application for renewal of the
123
endorsement within 1 year after the endorsement's expiration
date.
(1) Initial eligibility. To be eligible for an initial
South Atlantic black sea bass pot endorsement, a person must
have been issued and must possess a valid or renewable
commercial vessel permit for South Atlantic snapper-grouper that
has black sea bass landings using black sea bass pot gear
averaging at least 2,500 lb (1,134 kg), round weight, annually
during the period January 1, 1999 through December 31, 2010.
Excluded from this eligibility, are trip-limited permits (South
Atlantic snapper-grouper permits that have a 225-lb (102.1-kg)
limit of snapper-grouper) and valid or renewable commercial
vessel permits for South Atlantic snapper-grouper unlimited that
have no reported landings of black sea bass using black sea bass
pots from January 1, 2008, through December 31, 2010. NMFS will
attribute all applicable black sea bass landings associated with
a current snapper-grouper permit for the applicable landings
history, including those reported by a person(s) who held the
permit prior to the current permit owner, to the current permit
owner. Only legal landings reported in compliance with
applicable state and Federal regulations are acceptable.
(2) Initial issuance. On or about June 1, 2012, the RA will
mail each eligible permittee a black sea bass pot endorsement
via certified mail, return receipt requested, to the permittee’s
address of record as listed in NMFS’ permit files. An eligible
permittee who does not receive an endorsement from the RA, must
contact the RA no later than July 1, 2012, to clarify his/her
endorsement status. A permittee denied an endorsement based on
the RA’s initial determination of eligibility and who disagrees
with that determination may appeal to the RA.
(3) Procedure for appealing black sea bass pot endorsement
eligibility and/or landings information. The only items subject
to appeal are initial eligibility for a black sea bass pot
endorsement based on ownership of a qualifying snapper-grouper
permit, the accuracy of the amount of landings, and correct
assignment of landings to the permittee. Appeals based on
hardship factors will not be considered. Appeals must be
submitted to the RA postmarked no later than October 1, 2012,
and must contain documentation supporting the basis for the
appeal. The RA will review all appeals, render final decisions
on the appeals, and advise the appellant of the final NMFS
decision.
(i) Eligibility appeals. NMFS’ records of snapper-grouper
permits are the sole basis for determining ownership of such
permits. A person who believes he/she meets the permit
eligibility criteria based on ownership of a vessel under a
different name, for example, as a result of ownership changes
124
from individual to corporate or vice versa, must document
his/her continuity of ownership.
(ii) Landings appeals. Determinations of appeals regarding
landings data for 1999 through 2010 will be based on NMFS’
logbook records. If NMFS’ logbooks are not available, the RA may
use state landings records or data for the period 1999 through
2010 that were submitted in compliance with applicable Federal
and state regulations on or before December 31, 2011.
(4) Transferability. A valid or renewable black sea bass
pot endorsement may be transferred between any two entities that
hold, or simultaneously obtain, a valid South Atlantic snapper-
grouper unlimited permit. Endorsements may be transferred
independently from the South Atlantic snapper-grouper unlimited
permit. NMFS will attribute black sea bass landings to the
associated South Atlantic snapper-grouper unlimited permit
regardless of whether the landings occurred before or after the
endorsement was issued. Only legal landings reported in
compliance with applicable state and Federal regulations are
acceptable.
(5) Fees. No fee applies to initial issuance of a black sea
bass pot endorsement. NMFS charges a fee for each renewal or
replacement of such endorsement and calculates the amount of
each fee in accordance with the procedures of the NOAA Finance
Handbook for determining the administrative costs of each
special product or service. The fee may not exceed such costs
and is specified with each application form. The handbook is
available from the RA. The appropriate fee must accompany each
application for renewal or replacement.
(f) South Atlantic golden tilefish longline endorsement.
For a person aboard a vessel, for which a valid commercial
vessel permit for South Atlantic snapper-grouper unlimited has
been issued, to fish for or possess golden tilefish in the South
Atlantic EEZ using longline gear, a South Atlantic golden
tilefish longline endorsement must have been issued to the
vessel and must be on board. A permit or endorsement that has
expired is not valid. This endorsement must be renewed annually
and may only be renewed if the associated vessel has a valid
commercial vessel permit for South Atlantic snapper-grouper
unlimited or if the endorsement and associated permit are being
concurrently renewed. The RA will not reissue this endorsement
if the endorsement is revoked or if the RA does not receive a
complete application for renewal of the endorsement within 1
year after the endorsement's expiration date.
(1) Initial eligibility. To be eligible for an initial
South Atlantic golden tilefish longline endorsement, a person
must have been issued and must possess a valid or renewable
commercial vessel permit for South Atlantic snapper-grouper that
125
has golden tilefish landings using longline gear averaging at
least 5,000 lb (2,268 kg), gutted weight, over the best 3 years
within the period 2006 - 2011. NMFS will attribute all
applicable golden tilefish landings associated with a current
South Atlantic snapper-grouper permit for the applicable
landings history, to the current permit owner, including golden
tilefish landings reported by a person(s) who held the permit
prior to the current permit owner. Only legal landings reported
in compliance with applicable state and Federal regulations are
acceptable.
(2) Initial issuance. On or about April 23, 2013, the RA
will mail each eligible permittee a golden tilefish longline
endorsement via certified mail, return receipt requested, to the
permittee’s address of record as listed in NMFS’ permit files.
An eligible permittee who does not receive an endorsement from
the RA, must contact the RA no later than May 23, 2013, to
clarify his/her endorsement status. A permittee who is denied an
endorsement based on the RA’s initial determination of
eligibility and who disagrees with that determination may appeal
to the RA.
(3) Procedure for appealing golden tilefish longline
endorsement eligibility and/or landings information. The only
items subject to appeal are initial eligibility for a golden
tilefish longline endorsement based on ownership of a qualifying
snapper-grouper permit, the accuracy of the amount of landings,
and the correct assignment of landings to the permittee. Appeals
based on hardship factors will not be considered. Appeals must
be submitted to the RA postmarked no later than August 21, 2013,
and must contain documentation supporting the basis for the
appeal. The National Appeals Office will review, evaluate, and
render recommendations on appeals to the RA. The RA will then
review each appeal, render a final decision on each appeal, and
advise the appellant of the final NMFS decision.
(i) Eligibility appeals. NMFS’ records of snapper-grouper
permits are the sole basis for determining ownership of such
permits. A person who believes he/she meets the permit
eligibility criteria based on ownership of a vessel under a
different name, for example, as a result of ownership changes
from individual to corporate or vice versa, must document his or
her continuity of ownership and must submit that information
with their appeal.
(ii) Landings appeals. Determinations of appeals regarding
landings data for 2006 through 2011 will be based on NMFS’
logbook records, submitted on or before October 31, 2012. If
NMFS’ logbooks are not available, the RA may use state landings
records or data for the period 2006 through 2011 that were
126
submitted in compliance with applicable Federal and state
regulations on or before October 31, 2012.
(4) Transferability. A valid or renewable golden tilefish
endorsement may be transferred between any two entities that
hold, or simultaneously obtain, a valid South Atlantic snapper-
grouper unlimited permit. An endorsement may be transferred
independently from the South Atlantic snapper-grouper unlimited
permit. NMFS will attribute golden tilefish landings to the
associated South Atlantic Unlimited Snapper-Grouper Permit
regardless of whether the landings occurred before or after the
endorsement was issued. Only legal landings reported in
compliance with applicable state and Federal regulations are
acceptable.
(5) Fees. No fee applies to the initial issuance of a
golden tilefish longline endorsement. NMFS charges a fee for
each renewal or replacement or transfer of such endorsement and
calculates the amount of each fee in accordance with the
procedures of the NOAA Finance Handbook for determining the
administrative costs of each special product or service. The
handbook is available from the RA. The appropriate fee must
accompany each application for renewal or replacement or
transfer.
§ 622.171 South Atlantic snapper-grouper limited access.
(a) General. The only valid commercial vessel permits for
South Atlantic snapper-grouper are those that have been issued
under the limited access criteria specified in the Fishery
Management Plan for the Snapper-Grouper Fishery of the South
Atlantic Region. A commercial vessel permit for South Atlantic
snapper-grouper is either a transferable commercial permit or a
trip-limited commercial permit.
(b) Transfers of permits. A snapper-grouper limited access
permit is valid only for the vessel and owner named on the
permit. To change either the vessel or the owner, an application
for transfer must be submitted to the RA.
(1) Transferable permits. (i) An owner of a vessel with a
transferable permit may request that the RA transfer the permit
to another vessel owned by the same entity.
(ii) A transferable permit may be transferred upon a change
of ownership of a permitted vessel with such permit--
(A) From one to another of the following: husband, wife,
son, daughter, brother, sister, mother, or father; or
(B) From an individual to a corporation whose shares are
all held by the individual or by the individual and one or more
of the following: husband, wife, son, daughter, brother, sister,
mother, or father. The application for transfer of a permit
127
under this paragraph (b)(1)(ii)(B) and each application for
renewal of such permit must be accompanied by a current annual
report of the corporation that specifies all shareholders of the
corporation. A permit will not be renewed if the annual report
shows a new shareholder other than a husband, wife, son,
daughter, brother, sister, mother, or father.
(iii) Except as provided in paragraphs (b)(1)(i) and (ii)
of this section, a person desiring to acquire a limited access,
transferable permit for South Atlantic snapper-grouper must
obtain and exchange two such permits for one new permit.
(iv) A transfer of a permit that is undertaken under
paragraph (b)(1)(ii) of this section will constitute a transfer
of the vessel's entire catch history to the new owner.
(2) Trip-limited permits. An owner of a vessel with a trip-
limited permit may request that the RA transfer the permit to
another vessel owned by the same entity.
(c) Renewal. NMFS will not reissue a commercial vessel
permit for South Atlantic snapper-grouper if the permit is
revoked or if the RA does not receive an application for renewal
within one year of the permit's expiration date.
§ 622.172 Wreckfish individual transferable quota (ITQ) system.
The provisions of this section apply to wreckfish in or
from the South Atlantic EEZ.
(a) General--(1) Percentage shares--(i) Initial ITQ shares.
In accordance with the procedure specified in the Fishery
Management Plan for the Snapper-Grouper Fishery of the South
Atlantic Region, percentage shares of the quota for wreckfish
were assigned at the beginning of the program. Each person was
notified by the RA of his or her percentage share and
shareholder certificate number.
(ii) Reverted ITQ shares. Any shares determined by NMFS to
be inactive, will be redistributed proportionately among
remaining shareholders (subject to cap restrictions) based on
shareholder landings history. Inactive shares are, for purposes
of this section, those shares held by ITQ shareholders who have
not reported any wreckfish landings between April 16, 2006, and
January 14, 2011.
(iii) Percentage share set-aside to accommodate resolution
of appeals. During the 2012-2013 fishing year, the RA will
reserve 1.401 percent of wreckfish ITQ shares prior to
redistributing shares (see paragraph (a)(1)(ii) of this section)
to accommodate resolution of appeals, if necessary. NMFS will
distribute any portion of the 1.401-percent share remaining
after the appeals process as soon as possible among the
remaining shareholders.
128
(iv) Procedure for appealing wreckfish quota share status
and landings information. Appeals must be submitted to the RA
postmarked no later than January 24, 2013, and must contain
documentation supporting the basis for the appeal. The only
items subject to appeal are the status of wreckfish quota
shares, as active or inactive, and the accuracy of the amount of
landings. The RA will review and evaluate all appeals, render
final decisions on the appeals, and advise the appellant of the
final decision. Appeals based on hardship factors will not be
considered. The RA will determine the outcome of appeals based
on NMFS' logbooks. If NMFS' logbooks are not available, the RA
may use state landings records. Appellants must submit NMFS'
logbooks or state landings records, as appropriate, to support
their appeal.
(2) Share transfers. All or a portion of a person's
percentage shares are transferrable. Transfer of shares must be
reported on a form available from the RA. The RA will confirm,
in writing, each transfer of shares. The effective date of each
transfer is the confirmation date provided by the RA. NMFS
charges a fee for each transfer of shares and calculates the
amount in accordance with the procedures of the NOAA Finance
Handbook. The handbook is available from the RA. The fee may not
exceed such costs and is specified with each transfer form. The
appropriate fee must accompany each transfer form.
(3) ITQ share cap. No person, including a corporation or
other entity, may individually or collectively hold ITQ shares
in excess of 49 percent of the total shares. For the purposes of
considering the share cap, a corporation’s total ITQ share is
determined by adding the corporation’s ITQ shares to any other
ITQ shares the corporation owns in another corporation. If an
individual ITQ shareholder is also a shareholder in a
corporation that holds ITQ shares, an individual’s total ITQ
share is determined by adding the applicable ITQ shares held by
the individual to the applicable ITQ shares equivalent to the
corporate share the individual holds in a corporation. A
corporation must provide the RA the identity of the shareholders
of the corporation and their percent of shares in the
corporation, and provide updated information to the RA within 30
days of when a change occurs. This information must also be
provided to the RA any time a commercial vessel permit for
wreckfish is renewed or transferred.
(b) List of wreckfish shareholders. Annually, on or about
March 1, the RA will provide each wreckfish shareholder with a
list of all wreckfish shareholders and their percentage shares,
reflecting share transactions on forms received through February
15.
(c) ITQs. (1) Annually, as soon after March 1 as the TAC
129
for wreckfish for the fishing year that commences April 16 is
known, the RA will calculate each wreckfish shareholder's ITQ.
Each ITQ is the product of the wreckfish TAC, in round weight,
for the ensuing fishing year, the factor for converting round
weight to eviscerated weight, and each wreckfish shareholder's
percentage share, reflecting share transactions reported on
forms received by the RA through February 15. Thus, the ITQs
will be in terms of eviscerated weight of wreckfish.
(2) The RA will provide each wreckfish shareholder with ITQ
coupons in various denominations, the total of which equals his
or her ITQ, and a copy of the calculations used in determining
his or her ITQ. Each coupon will be coded to indicate the
initial recipient.
(3) An ITQ coupon may be transferred from one wreckfish
shareholder to another by completing the sale endorsement
thereon (that is, the signature and shareholder certificate
number of the buyer). An ITQ coupon may be possessed only by the
shareholder to whom it has been issued, or by the shareholder's
employee, contractor, or agent, unless the ITQ coupon has been
transferred to another shareholder. An ITQ coupon that has been
transferred to another shareholder may be possessed only by the
shareholder whose signature appears on the coupon as the buyer,
or by the shareholder's employee, contractor, or agent, and with
all required sale endorsements properly completed.
(4) Wreckfish may not be possessed on board a fishing
vessel that has been issued a commercial vessel permit for South
Atlantic snapper-grouper and a commercial vessel permit for
wreckfish--
(i) In an amount exceeding the total of the ITQ coupons on
board the vessel; or
(ii) That does not have on board logbook forms for that
fishing trip, as required under § 622.176(a)(3)(i).
(5) Prior to termination of a trip, a signature and date
signed must be affixed in ink to the "Fisherman" part of ITQ
coupons in denominations equal to the eviscerated weight of the
wreckfish on board. The "Fisherman" part of each such coupon
must be separated from the coupon and submitted with the logbook
forms required by § 622.176(a)(3)(i) for that fishing trip.
(6) The "Fish House" part of each such coupon must be given
to the dealer to whom the wreckfish are transferred in amounts
totaling the eviscerated weight of the wreckfish transferred to
that dealer. Wreckfish may be transferred only to a Gulf and
South Atlantic dealer permit holder, as required under
§ 622.170(c)(1).
(7) A dealer may first receive wreckfish only from a vessel
for which a commercial permit for wreckfish has been issued, as
required under § 622.170(a)(2). A dealer must receive the "Fish
130
House" part of ITQ coupons in amounts totaling the eviscerated
weight of the wreckfish received; enter the permit number of the
vessel from which the wreckfish were received, enter the date
the wreckfish were received, enter the dealer's permit number,
and sign each such "Fish House" part; and submit all such parts
with the electronic dealer reports required by § 622.5(c).
(8) An owner or operator of a vessel and a dealer must make
available to an authorized officer all ITQ coupons in his or her
possession upon request.
(d) Wreckfish limitations. (1) A wreckfish taken in the
South Atlantic EEZ may not be transferred at sea, regardless of
where the transfer takes place; and a wreckfish may not be
transferred in the South Atlantic EEZ.
(2) A wreckfish possessed by a fisherman or dealer
shoreward of the outer boundary of the South Atlantic EEZ or in
a South Atlantic coastal state will be presumed to have been
harvested from the South Atlantic EEZ unless accompanied by
documentation that it was harvested from other than the South
Atlantic EEZ.
(3) A wreckfish harvested by a vessel that has been issued
a commercial vessel permit for South Atlantic snapper-grouper
and a commercial vessel permit for wreckfish may be offloaded
from a fishing vessel only between 8 a.m. and 5 p.m., local
time.
(4) If a wreckfish harvested by a vessel that has been
issued a commercial vessel permit for South Atlantic snapper-
grouper and a commercial vessel permit for wreckfish is to be
offloaded at a location other than a fixed facility of a dealer
who holds a Gulf and South Atlantic dealer permit, as required
under § 622.170(c)(1), the wreckfish shareholder or the vessel
operator must advise the NMFS Office for Law Enforcement,
Southeast Region, St. Petersburg, FL, by telephone (727-824-
5344), of the location not less than 24 hours prior to
offloading.
§§ 622.173-622.175 [Reserved]
§ 622.176 Recordkeeping and reporting.
(a) Commercial vessel owners and operators--(1) General
reporting requirements. The owner or operator of a vessel for
which a commercial permit for South Atlantic snapper-grouper has
been issued, as required under § 622.170(a)(1), or whose vessel
fishes for or lands South Atlantic snapper-grouper in or from
state waters adjoining the South Atlantic EEZ, who is selected
to report by the SRD must maintain a fishing record on a form
131
available from the SRD and must submit such record as specified
in paragraph (a)(4) of this section.
(2) Electronic logbook/video monitoring reporting. The
owner or operator of a vessel for which a commercial permit for
South Atlantic snapper-grouper has been issued, as required
under § 622.170(a)(1), who is selected to report by the SRD must
participate in the NMFS-sponsored electronic logbook and/or
video monitoring reporting program as directed by the SRD.
Compliance with the reporting requirements of this paragraph
(a)(2) is required for permit renewal.
(3) Wreckfish reporting. The wreckfish shareholder under §
622.172, or operator of a vessel for which a commercial permit
for wreckfish has been issued, as required under §
622.170(a)(2), must--
(i) Maintain a fishing record on a form available from the
SRD and must submit such record as specified in paragraph (a)(4)
of this section.
(ii) Make available to an authorized officer upon request
all records of commercial offloadings, purchases, or sales of
wreckfish.
(4) Reporting deadlines. Completed fishing records required
by this paragraph (a) must be submitted to the SRD postmarked
not later than 7 days after the end of each fishing trip. If no
fishing occurred during a calendar month, a report so stating
must be submitted on one of the forms postmarked not later than
7 days after the end of that month. Information to be reported
is indicated on the form and its accompanying instructions.
(b) Charter vessel/headboat owners and operators--(1)
General reporting requirement--(i) Charter vessels. The owner or
operator of a charter vessel for which a charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued, as
required under § 622.170(b)(1), or whose vessel fishes for or
lands such snapper-grouper in or from state waters adjoining the
South Atlantic EEZ, who is selected to report by the SRD must
maintain a fishing record for each trip, or a portion of such
trips as specified by the SRD, on forms provided by the SRD and
must submit such record as specified in paragraph (b)(2) of this
section.
(ii) Headboats. The owner or operator of a headboat for
which a charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, as required under
§ 622.170(b)(1), or whose vessel fishes for or lands such
snapper-grouper in or from state waters adjoining the South
Atlantic EEZ, who is selected to report by the SRD must submit
an electronic fishing record for each trip of all fish harvested
within the time period specified in paragraph (b)(2)(ii) of this
section, via the Southeast Region Headboat Survey.
132
(iii) Electronic logbook/video monitoring reporting. The
owner or operator of a vessel for which a charter
vessel/headboat permit for South Atlantic snapper-grouper has
been issued, as required under § 622.170(b)(1), or whose vessel
fishes for or lands such snapper-grouper in or from state waters
adjoining the South Atlantic EEZ, who is selected to report by
the SRD must participate in the NMFS-sponsored electronic
logbook and/or video monitoring program as directed by the SRD.
Compliance with the reporting requirements of this paragraph
(b)(1)(iii) is required for permit renewal.
(2) Reporting deadlines--(i) Charter vessels. Completed
fishing records required by paragraph (b)(1)(i) of this section
for charter vessels must be submitted to the SRD weekly,
postmarked no later than 7 days after the end of each week
(Sunday). Completed fishing records required by paragraph
(b)(1)(iii) of this section for charter vessels may be required
weekly or daily, as directed by the SRD. Information to be
reported is indicated on the form and its accompanying
instructions.
(ii) Headboats. Electronic fishing records required by
paragraph (b)(1)(ii) of this section for headboats must be
submitted at weekly intervals (or intervals shorter than a week
if notified by the SRD) by 11:59 p.m., local time, the Sunday
following a reporting week. If no fishing activity occurred
during a reporting week, an electronic report so stating must be
submitted for that reporting week by 11:59 p.m., local time, the
Sunday following a reporting week.
(3) Catastrophic conditions. During catastrophic conditions
only, NMFS provides for use of paper forms for basic required
functions as a backup to the electronic reports required by
paragraph (b)(1)(ii) of this section. The RA will determine when
catastrophic conditions exist, the duration of the catastrophic
conditions, and which participants or geographic areas are
deemed affected by the catastrophic conditions. The RA will
provide timely notice to affected participants via publication
of notification in the Federal Register, NOAA weather radio,
fishery bulletins, and other appropriate means and will
authorize the affected participants’ use of paper forms for the
duration of the catastrophic conditions. The paper forms will be
available from NMFS. During catastrophic conditions, the RA has
the authority to waive or modify reporting time requirements.
(4) Compliance requirement. Electronic reports required by
paragraph (b)(1)(ii) of this section must be submitted and
received by NMFS according to the reporting requirements under
this section. A report not received within the time specified in
paragraph (b)(2)(ii) of this section is delinquent. A delinquent
report automatically results in the owner and operator of a
133
headboat for which a charter vessel/headboat permit for South
Atlantic snapper-grouper has been issued being prohibited from
harvesting or possessing such species, regardless of any
additional notification to the delinquent owner and operator by
NMFS. The owner and operator who are prohibited from harvesting
or possessing such species due to delinquent reports are
authorized to harvest or possess such species only after all
required and delinquent reports have been submitted and received
by NMFS according to the reporting requirements under this
section.
(c) Dealers. (1) A dealer who first receives South Atlantic
snapper-grouper (including wreckfish) must maintain records and
submit information as specified in § 622.5(c).
(2) On demand, a dealer who has been issued a Gulf and
South Atlantic dealer permit, as required under § 622.170(c)(1),
must make available to an authorized officer all records of
offloadings, purchases, or sales of South Atlantic snapper-
grouper (including wreckfish).
(3) A dealer who has been issued a dealer permit for
wreckfish, as required under § 622.170(c), must make available
to an authorized officer upon request all records of commercial
offloadings, purchases, or sales of wreckfish.
[The following paragraph (d) contains information collection and
recordkeeping requirements and will not become effective until
approval has been given by the Office of Management and Budget.]
(d) Private recreational vessels in the South Atlantic
snapper-grouper fishery. The owner or operator of a vessel that
fishes for or lands South Atlantic snapper-grouper in or from
the South Atlantic EEZ who is selected to report by the SRD
must--
(1) Maintain a fishing record for each trip, or a portion
of such trips as specified by the SRD, on forms provided by the
SRD. Completed fishing records must be submitted to the SRD
monthly and must either be made available to an authorized
statistical reporting agent or be postmarked not later than 7
days after the end of each month. Information to be reported is
indicated on the form and its accompanying instructions.
(2) Participate in the NMFS-sponsored electronic logbook
and/or video monitoring reporting program as directed by the
SRD.
§ 622.177 Gear identification.
(a) Sea bass pots and associated buoys--(1) Sea bass pots.
A sea bass pot used or possessed in the South Atlantic EEZ
between 35°15.19' N. lat. (due east of Cape Hatteras Light, NC)
and 28°35.1' N. lat. (due east of the NASA Vehicle Assembly
134
Building, Cape Canaveral, FL), or a sea bass pot on board a
vessel with a commercial permit for South Atlantic snapper-
grouper, must have a valid identification tag issued by the RA
attached.
(2) Associated buoys. In the South Atlantic EEZ, buoys are
not required to be used, but, if used, each buoy must display
the official number and color code assigned by the RA so as to
be easily distinguished, located, and identified.
(3) Presumption of ownership. A sea bass pot in the EEZ
will be presumed to be the property of the most recently
documented owner. This presumption will not apply with respect
to such pots that are lost or sold if the owner reports the loss
or sale within 15 days to the RA.
(4) Unmarked sea bass pots or buoys. An unmarked sea bass
pot or a buoy deployed in the EEZ where such pot or buoy is
required to be marked is illegal and may be disposed of in any
appropriate manner by the Assistant Administrator or an
authorized officer.
(b) [Reserved]
§ 622.178 At-sea observer coverage.
(a) Required coverage. (1) A vessel for which a Federal
commercial vessel permit for South Atlantic snapper-grouper or a
charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued must carry a NMFS-approved observer, if
the vessel’s trip is selected by the SRD for observer coverage.
Vessel permit renewal is contingent upon compliance with this
paragraph (a)(1).
(2) Any other vessel that fishes for South Atlantic
snapper-grouper in the South Atlantic EEZ must carry a NMFS-
approved observer, if the vessel’s trip is selected by the SRD
for observer coverage.
(b) Notification to the SRD. When observer coverage is
required, an owner or operator must advise the SRD in writing
not less than 5 days in advance of each trip of the following:
(1) Departure information (port, dock, date, and time).
(2) Expected landing information (port, dock, and date).
(c) Observer accommodations and access. An owner or
operator of a vessel on which a NMFS-approved observer is
embarked must:
(1) Provide accommodations and food that are equivalent to
those provided to the crew.
(2) Allow the observer access to and use of the vessel's
communications equipment and personnel upon request for the
transmission and receipt of messages related to the observer's
duties.
135
(3) Allow the observer access to and use of the vessel's
navigation equipment and personnel upon request to determine the
vessel's position.
(4) Allow the observer free and unobstructed access to the
vessel's bridge, working decks, holding bins, weight scales,
holds, and any other space used to hold, process, weigh, or
store fish.
(5) Allow the observer to inspect and copy the vessel's
log, communications logs, and any records associated with the
catch and distribution of fish for that trip.
§ 622.179 Conservation measures for protected resources.
(a) South Atlantic snapper-grouper commercial vessels and
charter vessels/headboats--(1) Sea turtle conservation measures.
(i) The owner or operator of a vessel for which a commercial
vessel permit for South Atlantic snapper-grouper or a charter
vessel/headboat permit for South Atlantic snapper-grouper has
been issued, as required under §§ 622.170(a)(1) and
622.170(b)(1), respectively, and whose vessel has on board any
hook-and-line gear, must post inside the wheelhouse, or within a
waterproof case if no wheelhouse, a copy of the document
provided by NMFS titled, "Careful Release Protocols for Sea
Turtle Release With Minimal Injury," and must post inside the
wheelhouse, or in an easily viewable area if no wheelhouse, the
sea turtle handling and release guidelines provided by NMFS.
(ii) Such owner or operator must also comply with the sea
turtle bycatch mitigation measures, including gear requirements
and sea turtle handling requirements, specified in Appendix F to
this part.
(iii) Those permitted vessels with a freeboard height of 4
ft (1.2 m) or less must have on board and must use a dipnet,
cushioned/support device, short-handled dehooker, long-nose or
needle-nose pliers, bolt cutters, monofilament line cutters, and
at least two types of mouth openers/mouth gags. This equipment
must meet the specifications described in Appendix F to this
part. Those permitted vessels with a freeboard height of greater
than 4 ft (1.2 m) must have on board a dipnet, cushioned/support
device, long-handled line clipper, a short-handled and a long-
handled dehooker, a long-handled device to pull an inverted "V",
long-nose or needle-nose pliers, bolt cutters, monofilament line
cutters, and at least two types of mouth openers/mouth gags.
This equipment must meet the specifications described in
Appendix F to this part.
(2) Smalltooth sawfish conservation measures. The owner or
operator of a vessel for which a commercial vessel permit for
South Atlantic snapper-grouper or a charter vessel/headboat
136
permit for South Atlantic snapper-grouper has been issued, as
required under §§ 622.170(a)(1) and 622.170(b)(1), respectively,
that incidentally catches a smalltooth sawfish must--
(i) Keep the sawfish in the water at all times;
(ii) If it can be done safely, untangle the line if it is
wrapped around the saw;
(iii) Cut the line as close to the hook as possible; and
(iv) Not handle the animal or attempt to remove any hooks
on the saw, except with a long-handled dehooker.
(b) [Reserved]
§ 622.180 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases
all fisheries.
(a) Poisons. A poison may not be used to fish for South
Atlantic snapper-grouper in the South Atlantic EEZ.
(b) Rebreathers and spearfishing gear. In the South
Atlantic EEZ, a person using a rebreather may not harvest South
Atlantic snapper-grouper with spearfishing gear. The possession
of such snapper-grouper while in the water with a rebreather is
prima facie evidence that such fish was harvested with
spearfishing gear while using a rebreather.
(c) Longlines for wreckfish. A bottom longline may not be
used to fish for wreckfish in the South Atlantic EEZ. A person
aboard a vessel that has a longline on board may not retain a
wreckfish in or from the South Atlantic EEZ. For the purposes of
this paragraph, a vessel is considered to have a longline on
board when a power-operated longline hauler, a cable of diameter
suitable for use in the longline fishery longer than 1.5 mi (2.4
km) on any reel, and gangions are on board. Removal of any one
of these three elements constitutes removal of a longline.
§ 622.181 Prohibited and limited-harvest species.
(a) General. The harvest and possession restrictions of
this section apply without regard to whether the species is
harvested by a vessel operating under a commercial vessel
permit. The operator of a vessel that fishes in the EEZ is
responsible for the limit applicable to that vessel.
(b) Prohibited species--(1) Goliath grouper may not be
harvested or possessed in the South Atlantic EEZ. Goliath
grouper taken in the South Atlantic EEZ incidentally by hook-
and-line must be released immediately by cutting the line
without removing the fish from the water.
(2) Red snapper. Red snapper may not be harvested or
137
possessed in or from the South Atlantic EEZ, except if NMFS
determines a limited amount of red snapper may be harvested or
possessed in or from the South Atlantic EEZ, as specified in §
622.193(y). Red snapper caught in the South Atlantic EEZ must be
released immediately with a minimum of harm. In addition, for a
person on board a vessel for which a valid Federal commercial or
charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, the prohibition on the harvest or
possession of red snapper applies in the South Atlantic,
regardless of where such fish are harvested or possessed, i.e.,
in state or Federal waters.
(3) Speckled hind and warsaw grouper. Speckled hind and
warsaw grouper may not be harvested or possessed in or from the
South Atlantic EEZ. Such fish caught in the South Atlantic EEZ
must be released immediately with a minimum of harm. These
restrictions also apply in the South Atlantic on board a vessel
for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued, i.e.,
in state or Federal waters.
(4) Nassau grouper may not be harvested or possessed in the
South Atlantic EEZ or the Gulf EEZ. Nassau grouper taken in the
South Atlantic EEZ or the Gulf EEZ incidentally by hook-and-line
must be released immediately by cutting the line without
removing the fish from the water.
(c) Limited-harvest species. A person who fishes in the EEZ
may not combine a harvest limitation specified in this paragraph
(c) with a harvest limitation applicable to state waters. A
species subject to a harvest limitation specified in this
paragraph (c) taken in the EEZ may not be transferred at sea,
regardless of where such transfer takes place, and such species
may not be transferred in the EEZ.
(1) Cubera snapper. No person may harvest more than two
cubera snapper measuring 30 inches (76.2 cm), TL, or larger, per
day in the South Atlantic EEZ off Florida and no more than two
such cubera snapper in or from the South Atlantic EEZ off
Florida may be possessed on board a vessel at any time.
(2) [Reserved]
§ 622.182 Gear-restricted areas.
(a) Special management zones (SMZs). (1) The SMZs consist
of artificial reefs and surrounding areas as follows:
(i) Paradise Reef is bounded on the north by 33°31.59' N.
lat.; on the south by 33°30.51' N. lat.; on the east by
78°57.55' W. long.; and on the west by 78°58.85' W. long.
(ii) Ten Mile Reef is bounded on the north by 33°26.65' N.
lat.; on the south by 33°24.80' N. lat.; on the east by
138
78°51.08' W. long.; and on the west by 78°52.97' W. long.
(iii) Pawleys Island Reef is bounded on the north by
33°26.58' N. lat.; on the south by 33°25.76' N. lat.; on the
east by 79°00.29' W. long.; and on the west by 79°01.24' W.
long.
(iv) Georgetown Reef is bounded on the north by 33°14.90'
N. lat.; on the south by 33°13.85' N. lat.; on the east by
78°59.45' W. long.; and on the west by 79°00.65' W. long.
(v) Capers Reef is bounded on the north by 32°45.45' N.
lat.; on the south by 32°43.91' N. lat.; on the east by
79°33.81' W. long.; and on the west by 79°35.10' W. long.
(vi) Kiawah Reef is bounded on the north by 32°29.78' N.
lat.; on the south by 32°28.25' N. lat.; on the east by
79°59.00' W. long.; and on the west by 80°00.95' W. long.
(vii) Edisto Offshore Reef is bounded on the north by
32°15.30' N. lat.; on the south by 32°13.90' N. lat.; on the
east by 79°50.25' W. long.; and on the west by 79°51.45' W.
long.
(viii) Hunting Island Reef is bounded on the north by
32°13.72' N. lat.; on the south by 32°12.30' N. lat.; on the
east by 80°19.23' W. long.; and on the west by 80°21.00' W.
long.
(ix) Fripp Island Reef is bounded on the north by 32°15.92'
N. lat.; on the south by 32°14.75' N. lat.; on the east by
80°21.62' W. long.; and on the west by 80°22.90' W. long.
(x) Betsy Ross Reef is bounded on the north by 32°03.60' N.
lat.; on the south by 32°02.88' N. lat.; on the east by
80°24.57' W. long.; and on the west by 80°25.50' W. long.
(xi) Hilton Head Reef/Artificial Reef--T is bounded on the
north by 32°00.71' N. lat.; on the south by 31°59.42' N. lat.;
on the east by 80°35.23' W. long.; and on the west by 80°36.37'
W. long.
(xii) Artificial Reef--A is bounded on the north by
30°57.4' N. lat.; on the south by 30°55.4' N. lat.; on the east
by 81°13.9' W. long.; and on the west by 81°16.3' W. long.
(xiii) Artificial Reef--C is bounded on the north by
30°52.0' N. lat.; on the south by 30°50.0' N. lat.; on the east
by 81°08.5' W. long.; and on the west by 81°10.9' W. long.
(xiv) Artificial Reef--G is bounded on the north by
31°00.0' N. lat.; on the south by 30°58.0' N. lat.; on the east
by 80°56.8' W. long.; and on the west by 80°59.2' W. long.
(xv) Artificial Reef--F is bounded on the north by 31°06.8'
N. lat.; on the south by 31°04.8' N. lat.; on the east by
81°10.5' W. long.; and on the west by 81°13.4' W. long.
(xvi) Artificial Reef--J is bounded on the north by
31°36.7' N. lat.; on the south by 31°34.7' N. lat.; on the east
by 80°47.3' W. long.; and on the west by 80°50.1' W. long.
139
(xvii) Artificial Reef--L is bounded on the north by
31°46.0' N. lat.; on the south by 31°44.0' N. lat.; on the east
by 80°34.7' W. long.; and on the west by 80°37.1' W. long.
(xviii) Artificial Reef--KC is bounded on the north by
31°51.2' N. lat.; on the south by 31°49.2' N. lat.; on the east
by 80°45.3' W. long.; and on the west by 80°47.7' W. long.
(xix) Ft. Pierce Inshore Reef is bounded on the north by
27°26.8' N. lat.; on the south by 27°25.8' N. lat.; on the east
by 80°09.24' W. long.; and on the west by 80°10.36' W. long.
(xx) Ft. Pierce Offshore Reef is bounded by rhumb lines
connecting, in order, the following points:
Point
West long.
A
80°03.95'
B
80°03.60'
C
80°00.02'
D
80°00.33'
A
80°03.95'
(xxi) Key Biscayne/Artificial Reef--H is bounded on the
north by 25°42.82' N. lat.; on the south by 25°41.32' N. lat.;
on the east by 80°04.22' W. long.; and on the west by 80°05.53'
W. long.
(xxii) Little River Offshore Reef is bounded on the north
by 33°42.10' N. lat.; on the south by 33°41.10' N. lat.; on the
east by 78°26.40' W. long.; and on the west by 78°27.10' W.
long.
(xxiii) BP-25 Reef is bounded on the north by 33°21.70' N.
lat.; on the south by 33°20.70' N. lat.; on the east by
78°24.80' W. long.; and on the west by 78°25.60' W. long.
(xxiv) Vermilion Reef is bounded on the north by 32°57.80'
N. lat.; on the south by 32°57.30' N. lat.; on the east by
78°39.30' W. long.; and on the west by 78°40.10' W. long.
(xxv) Cape Romaine Reef is bounded on the north by
33°00.00' N. lat.; on the south by 32°59.50' N. lat.; on the
east by 79°02.01' W. long.; and on the west by 79°02.62' W.
long.
(xxvi) Y-73 Reef is bounded on the north by 32°33.20' N.
lat.; on the south by 32°32.70' N. lat.; on the east by
79°19.10' W. long.; and on the west by 79°19.70' W. long.
(xxvii) Eagles Nest Reef is bounded on the north by
32°01.48' N. lat.; on the south by 32°00.98' N. lat.; on the
east by 80°30.00' W. long.; and on the west by 80°30.65' W.
long.
(xxviii) Bill Perry Jr. Reef is bounded on the north by
140
33°26.20' N. lat.; on the south by 33°25.20' N. lat.; on the
east by 78°32.70' W. long.; and on the west by 78°33.80' W.
long.
(xxix) Comanche Reef is bounded on the north by 32°27.40'
N. lat.; on the south by 32°26.90' N. lat.; on the east by
79°18.80' W. long.; and on the west by 79°19.60' W. long.
(xxx) Murrel's Inlet 60 Foot Reef is bounded on the north
by 33°17.50' N. lat.; on the south by 33°16.50' N. lat.; on the
east by 78°44.67' W. long.; and on the west by 78°45.98' W.
long.
(xxxi) Georgetown 95 Foot Reef is bounded on the north by
33°11.75' N. lat.; on the south by 33°10.75' N. lat.; on the
east by 78°24.10' W. long.; and on the west by 78°25.63' W.
long.
(xxxii) New Georgetown 60 Foot Reef is bounded on the north
by 33°09.25' N. lat.; on the south by 33°07.75' N. lat.; on the
east by 78°49.95' W. long.; and on the west by 78°51.45' W.
long.
(xxxiii) North Inlet 45 Foot Reef is bounded on the north
by 33°21.03' N. lat.; on the south by 33°20.03' N. lat.; on the
east by 79°00.31' W. long.; and on the west by 79°01.51' W.
long.
(xxxiv) CJ Davidson Reef is bounded on the north by
33°06.48' N. lat.; on the south by 33°05.48' N. lat.; on the
east by 79°00.27' W. long.; and on the west by 79°01.39' W.
long.
(xxxv) Greenville Reef is bounded on the north by 32°57.25'
N. lat.; on the south by 32°56.25' N. lat.; on the east by
78°54.25' W. long.; and on the west by 78°55.25' W. long.
(xxxvi) Charleston 60 Foot Reef is bounded on the north by
32°33.60' N. lat.; on the south by 32°32.60' N. lat.; on the
east by 79°39.70' W. long.; and on the west by 79°40.90' W.
long.
(xxxvii) Edisto 60 Foot Reef is bounded on the north by
32°21.75' N. lat.; on the south by 32°20.75' N. lat.; on the
east by 80°04.10' W. longitude; and on the west by 80°05.70' W.
long.
(xxxviii) Edisto 40 Foot Reef is bounded on the north by
32°25.78' N. lat.; on the south by 32°24.78' N. lat.; on the
east by 80°11.24' W. long.; and on the west by 80°12.32' W.
long.
(xxxix) Beaufort 45 Foot Reef is bounded on the north by
32°07.65' N. lat.; on the south by 32°06.65' N. lat.; on the
east by 80°28.80' W. long.; and on the west by 80°29.80' W.
long.
(xl) Artificial Reef--ALT is bounded on the north by
31°18.6' N. lat.; on the south by 31°16.6' N. lat.; on the east
141
by 81°07.0' W. long.; and on the west by 81°09.4' W. long.
(xli) Artificial Reef--CAT is bounded on the north by
31°40.2' N. lat.; on the south by 31°38.2' N. lat.; on the east
by 80°56.2' W. long.; and on the west by 80°58.6' W. long.
(xlii) Artificial Reef--CCA is bounded on the north by
31°43.7' N. lat.; on the south by 31°41.7' N. lat.; on the east
by 80°40.0' W. long.; and on the west by 80°42.3' W. long.
(xliii) Artificial Reef--DRH is bounded on the north by
31°18.0' N. lat.; on the south by 31°16.0' N. lat.; on the east
by 80°56.6' W. long.; and on the west by 80°59.0' W. long.
(xliv) Artificial Reef--DUA is bounded on the north by
31°47.8' N. lat.; on the south by 31°45.8' N. lat.; on the east
by 80°52.1' W. long.; and on the west by 80°54.5' W. long.
(xlv) Artificial Reef--DW is bounded on the north by
31°22.8' N. lat.; on the south by 31°20.3' N. lat.; on the east
by 79°49.8' W. long.; and on the west by 79°51.1' W. long.
(xlvi) Artificial Reef--KBY is bounded on the north by
30°48.6' N. lat.; on the south by 30°46.6' N. lat.; on the east
by 81°15.0' W. long.; and on the west by 81°17.4' W. long.
(xlvii) Artificial Reef--KTK is bounded on the north by
31°31.3' N. lat.; on the south by 31°29.3' N. lat.; on the east
by 80°59.1' W. long.; and on the west by 81°01.5' W. long.
(xlviii) Artificial Reef--MRY is bounded on the north by
30°47.5' N. lat.; on the south by 30°45.5' N. lat.; on the east
by 81°05.5' W. long.; and on the west by 81°07.8' W. long.
(xlix) Artificial Reef--SAV is bounded on the north by
31°55.4' N. lat.; on the south by 31°53.4' N. lat.; on the east
by 80°45.2' W. long.; and on the west by 80°47.6' W. long.
(l) Artificial Reef--SFC is bounded on the north by
31°00.8' N. lat.; on the south by 30°59.8' N. lat.; on the east
by 81°02.2' W. long.; and on the west by 81°03.4' W. long.
(li) Artificial Reef--WW is bounded on the north by
31°43.5' N. lat.; on the south by 31°42.2' N. lat.; on the east
by 79°57.7' W. long.; and on the west by 79°59.3' W. long.
(2) To determine what restrictions apply in the SMZs listed
in paragraph (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 prohibited.
Possession of a powerhead and a
mutilated South Atlantic
snapper-grouper in, or after
having fished in, one of these
SMZs constitutes prima facie
142
evidence that such fish was
taken with a powerhead in the
SMZ. Harvest and possession of
a South Atlantic snapper-
grouper 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 longline may not be used
to fish in the EEZ for South Atlantic snapper-grouper south of
27°10' N. lat. (due east of the entrance to St. Lucie Inlet,
FL); or north of 27°10' N. lat. where the charted depth is less
than 50 fathoms (91.4 m), as shown on the latest edition of the
largest scale NOAA chart of the location. A person aboard a
vessel with a longline on board that fishes on a trip in the
South Atlantic EEZ south of 27°10' N. lat., or north of 27°10'
N. lat. where the charted depth is less than 50 fathoms (91.4
m), is limited on that trip to the bag limit for South Atlantic
snapper-grouper for which a bag limit is specified in §
622.187(b), and to zero for all other South Atlantic snapper-
grouper. For the purpose of this paragraph, a vessel is
considered to have a longline on board when a power-operated
longline hauler, a cable or monofilament of diameter and length
suitable for use in the longline fishery, and gangions are on
board. Removal of any one of these three elements constitutes
removal of a longline.
(c) Powerhead prohibited area. A powerhead may not be used
in the EEZ off South Carolina to harvest South Atlantic snapper-
grouper. The possession of a mutilated South Atlantic snapper-
grouper in or from the EEZ off South Carolina, and a powerhead
is prima facie evidence that such fish was harvested by a
powerhead.
143
(d) Sea bass pot prohibited area. A sea bass pot may not be
used in the South Atlantic EEZ south of 28°35.1' N. lat. (due
east of the NASA Vehicle Assembly Building, Cape Canaveral, FL).
A sea bass pot deployed in the EEZ south of 28°35.1' N. lat. may
be disposed of in any appropriate manner by the Assistant
Administrator or an authorized officer.
§ 622.183 Area and seasonal closures.
(a) Area closures--(1) Marine protected areas (MPAs). (i)
No person may fish for a South Atlantic snapper-grouper in an
MPA, and no person may possess a South Atlantic snapper-grouper
in an MPA. However, the prohibition on possession does not apply
to a person aboard a vessel that is in transit with fishing gear
appropriately stowed as specified in paragraph (a)(1)(ii) of
this section. In addition to these restrictions, see §
635.21(d)(1)(iii) of this chapter regarding restrictions
applicable within these MPAs for any vessel issued a permit
under part 635 of this chapter that has longline gear on board.
MPAs consist of deepwater areas as follows:
(A) Snowy Grouper Wreck MPA is bounded by rhumb lines
connecting, in order, the following points:
Point
West long.
A
77°04.75'
B
76°51.3'
C
76°46.5'
D
77°00.0'
A
77°04.75'
(B) Northern South Carolina MPA is bounded on the north by
32°53.5' N. lat.; on the south by 32°48.5' N. lat.; on the east
by 78°04.75' W. long.; and on the west by 78°16.75' W. long.
(C) Edisto MPA is bounded on the north by 32°24' N. lat.;
on the south by 32°18.5' N. lat.; on the east by 78°54.0' W.
long.; and on the west by 79°06.0' W. long.
(D) Charleston Deep Artificial Reef MPA is bounded by rhumb
lines connecting, in order, the following points:
Point
West long.
A
79°12'
B
79°07.5'
C
79°05'
144
D
79°09.3'
A
79°12'
(E) Georgia MPA is bounded by rhumb lines connecting, in
order, the following points:
Point
West long.
A
79°31'
B
79°21'
C
79°29'
D
79°39'
A
79°31'
(F) North Florida MPA is bounded on the north by 30°29' N.
lat.; on the south by 30°19' N. lat.; on the east by 80°02' W.
long.; and on the west by 80°14' W. long.
(G) St. Lucie Hump MPA is bounded on the north by 27°08' N.
lat.; on the south by 27°04' N. lat.; on the east by 79°58' W.
long.; and on the west by 80°00' W. long.
(H) East Hump MPA is bounded by rhumb lines connecting, in
order, the following points:
Point
West long.
A
80°45.5'
B
80°36'
C
80°38.5'
D
80°48'
A
80°45.5'
(ii) For the purpose of paragraph (a)(1)(i) of this
section, transit means direct, non-stop progression through the
MPA. Fishing gear appropriately stowed means–-
(A) A longline may be left on the drum if all gangions and
hooks are disconnected and stowed below deck. Hooks cannot be
baited. All buoys must be disconnected from the gear; however,
buoys may remain on deck.
(B) A trawl or try net may remain on deck, but trawl doors
must be disconnected from such net and must be secured.
(C) A gillnet, stab net, or trammel net must be left on the
drum. Any additional such nets not attached to the drum must be
stowed below deck.
(D) Terminal gear (i.e., hook, leader, sinker, flasher, or
145
bait) used with an automatic reel, bandit gear, buoy gear,
handline, or rod and reel must be disconnected and stowed
separately from such fishing gear. A rod and reel must be
removed from the rod holder and stowed securely on or below
deck.
(E) A crustacean trap, golden crab trap, or sea bass pot
cannot be baited. All buoys must be disconnected from the gear;
however, buoys may remain on deck.
(2) [Reserved]
(b) Seasonal closures--(1) Seasonal closure of the
commercial and recreational sectors for gag and associated
grouper species. During January through April each year, no
person may fish for, harvest, or possess in or from the South
Atlantic EEZ any South Atlantic shallow-water grouper (SASWG)
(gag, black grouper, red grouper, scamp, red hind, rock hind,
yellowmouth grouper, yellowfin grouper, graysby, and coney). In
addition, for a person on board a vessel for which a valid
Federal commercial or charter vessel/headboat permit for South
Atlantic snapper-grouper has been issued, the provisions of this
closure apply in the South Atlantic, regardless of where such
fish are harvested, i.e., in state or Federal waters.
(2) Wreckfish spawning-season closure. From January 15
through April 15, each year, no person may harvest or possess on
a fishing vessel wreckfish in or from the EEZ; offload wreckfish
from the EEZ; or sell or purchase wreckfish in or from the EEZ.
The prohibition on sale or purchase of wreckfish does not apply
to trade in wreckfish that were harvested, offloaded, and sold
or purchased prior to January 15 and were held in cold storage
by a dealer or processor.
(3) Wreckfish recreational sector closures. The
recreational sector for wreckfish in or from the South Atlantic
EEZ is closed from January 1 through June 30, and September 1
through December 31, each year. During a closure, the bag and
possession limit for wreckfish in or from the South Atlantic EEZ
is zero.
(4) [Reserved]
(5) Closures of the commercial and recreational sectors for
red snapper--(i) The commercial and recreational sectors for red
snapper are closed (i.e., red snapper may not be harvested or
possessed, or sold or purchased) in or from the South Atlantic
EEZ, except if NMFS determines a limited amount of red snapper
may be harvested or possessed in or from the South Atlantic EEZ,
as specified in § 622.193(y). If NMFS determines that commercial
and recreational fishing seasons for red snapper may be
established in a given fishing year, NMFS will announce the
season opening dates in the Federal Register. The recreational
fishing season would consist of consecutive Fridays, Saturdays,
146
and Sundays, unless otherwise specified. NMFS will project the
length of the recreational fishing season and announce the
recreational fishing season end date in the Federal Register.
See § 622.193(y), for establishing the end date of the
commercial fishing season.
(ii) If the RA determines tropical storm or hurricane
conditions exist, or are projected to exist, in the South
Atlantic, during a commercial or recreational fishing season,
the RA may modify the opening and closing dates of the fishing
season by filing a notification to that effect with the Office
of the Federal Register, and announcing via NOAA Weather Radio
and a Fishery Bulletin any change in the dates of the red
snapper commercial or recreational fishing season.
(iii) If the projected commercial or recreational fishing
season is determined by NMFS to be 3 days or less, then the
commercial or recreational fishing season will not open for that
fishing year.
(6) Seasonal closure of the commercial black sea bass pot
component of the snapper-grouper fishery. From November 1
through April 30, each year, the commercial black sea bass pot
component of the snapper-grouper fishery is closed. During this
closure, no person may harvest or possess black sea bass in or
from the South Atlantic EEZ either with sea bass pots or from a
vessel with sea bass pots on board. In addition, sea bass pots
must be removed from the water in the South Atlantic EEZ before
November 1, and may not be on board a vessel in the South
Atlantic EEZ during this closure.
(7) Blueline tilefish recreational sector closure. The
recreational sector for blueline tilefish in or from the South
Atlantic EEZ is closed from January 1 through April 30, and
September 1 through December 31, each year. During a closure,
the bag and possession limit for blueline tilefish in or from
the South Atlantic EEZ is zero.
(8) Snowy grouper recreational sector closure. The
recreational sector for snowy grouper in or from the South
Atlantic EEZ is closed from January 1 through April 30, and
September 1 through December 31, each year. During a closure,
the bag and possession limit for snowy grouper in or from the
South Atlantic EEZ is zero.
§ 622.184 Seasonal harvest limitations.
(a) Greater amberjack spawning season. During April, each
year, the possession of greater amberjack in or from the South
Atlantic EEZ and in the South Atlantic on board a vessel for
which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued,
147
without regard to where such greater amberjack were harvested,
is limited to one per person per day or one per person per trip,
whichever is more restrictive. Such greater amberjack are
subject to the prohibition on sale or purchase, as specified in
§ 622.192(g).
(b) Mutton snapper spawning season. During May and June,
each year, the possession of mutton snapper in or from the EEZ
on board a vessel that has a commercial permit for South
Atlantic snapper-grouper is limited to 10 per person per day or
10 per person per trip, whichever is more restrictive.
(c) Red porgy. During January, February, March, and April,
the harvest or possession of red porgy in or from the South
Atlantic EEZ is limited to three per person per day or three per
person per trip, whichever is more restrictive. In addition,
this limitation is applicable in the South Atlantic on board a
vessel for which a valid Federal commercial or charter
vessel/headboat permit for South Atlantic snapper-grouper has
been issued without regard to where such red porgy were
harvested. Such red porgy are subject to the prohibition on sale
or purchase, as specified in § 622.192(f).
§ 622.185 Size limits.
All size limits in this section are minimum size limits
unless specified otherwise. A fish not in compliance with its
size limit, as specified in this section, in or from the South
Atlantic EEZ, may not be possessed, sold, or purchased. A fish
not in compliance with its size limit must be released
immediately with a minimum of harm. The operator of a vessel
that fishes in the EEZ is responsible for ensuring that fish on
board are in compliance with the size limits specified in this
section.
(a) Snapper--(1) [Reserved]
(2) Vermilion snapper--12 inches (30.5 cm), TL.
(3) Blackfin, cubera, dog, gray, mahogany, queen, silk, and
yellowtail snappers--12 inches (30.5 cm), TL.
(4) Mutton snapper--16 inches (40.6 cm), TL.
(5) Lane snapper--8 inches (20.3 cm), TL.
(b) Grouper--(1) Red, yellowfin, and yellowmouth grouper;
and scamp--20 inches (50.8 cm), TL.
(2) Black grouper and gag--24 inches (61.0 cm), TL.
(c) Other snapper-grouper species--(1) Black sea bass.
(i) For a fish taken by a person subject to the bag limit
specified in § 622.187(b)(7)--13 inches (33 cm), TL.
(ii) For a fish taken by a person not subject to the bag
limit specified in § 622.187(b)(7)--11 inches (28 cm), TL.
(2) Gray triggerfish--(i) In the South Atlantic EEZ off
148
Florida--14 inches (35.6 cm), FL.
(ii) In the South Atlantic EEZ off North Carolina, South
Carolina, and Georgia--12 inches (30.5 cm), FL.
(3) Hogfish--12 inches (30.5 cm), fork length.
(4) Red porgy--14 inches (35.6 cm), TL.
(5) Greater amberjack--28 inches (71.1 cm), fork length,
for a fish taken by a person subject to the bag limit specified
in § 622.187(b)(1) and 36 inches (91.4 cm), fork length, for a
fish taken by a person not subject to the bag limit.
§ 622.186 Landing fish intact.
(a) South Atlantic snapper-grouper in or from the South
Atlantic EEZ must be maintained with head and fins intact,
except as specified in paragraph (b) of this section. Such fish
may be eviscerated, gilled, and scaled, but must otherwise be
maintained in a whole condition. The operator of a vessel that
fishes in the EEZ is responsible for ensuring that fish on that
vessel in the EEZ are maintained intact and, if taken from the
EEZ, are maintained intact through offloading ashore, as
specified in this section.
(b) In the South Atlantic EEZ, snapper-grouper lawfully
harvested in Bahamian waters are exempt from the requirement
that they be maintained with head and fins intact, provided that
the skin remains intact on the entire fillet of any snapper-
grouper carcasses, valid Bahamian fishing and cruising permits
are on board the vessel, each person on the vessel has a valid
government passport with current stamps and dates from The
Bahamas, and the vessel is in transit through the South Atlantic
EEZ with fishing gear appropriately stowed. For the purpose of
this paragraph, a vessel is in transit through the South
Atlantic EEZ when it is on a direct and continuous course
through the South Atlantic EEZ and no one aboard the vessel
fishes in the EEZ. For the purpose of this paragraph, fishing
gear appropriately stowed means that terminal gear (i.e., hook,
leader, sinker, flasher, or bait) used with an automatic reel,
bandit gear, buoy gear, handline, or rod and reel must be
disconnected and stowed separately from such fishing gear.
Sinkers must be disconnected from the down rigger and stowed
separately. See § 622.187(a)(3) for the limit of snapper-grouper
fillets lawfully harvested from Bahamian waters that may transit
through the South Atlantic EEZ.
§ 622.187 Bag and possession limits.
(a) Additional applicability provisions for South Atlantic
snapper-grouper. Section 622.11(a) provides the general
149
applicability for bag and possession limits. However, §
622.11(a) notwithstanding:
(1) The bag and other limits specified in § 622.182(b)
apply for South Atlantic snapper-grouper in or from the EEZ to a
person aboard a vessel for which a commercial permit for South
Atlantic snapper-grouper has been issued that has on board a
longline in the longline closed area.
(2) A person aboard a vessel for which a commercial permit
for South Atlantic snapper-grouper has been issued must comply
with the bag limits specified in paragraph (b)(1) of this
section for South Atlantic snapper-grouper taken with a
powerhead, regardless of where taken, when such snapper-grouper
are possessed in an SMZ specified in § 622.182(a)(1)(xii)
through (a)(1)(xviii) or (a)(1)(xl) through (a)(1)(li).
(3) In the South Atlantic EEZ, a vessel that lawfully
harvests snapper-grouper in Bahamian waters, as per § 622.186
(b), must comply with the bag and possession limits specified in
this section. For determining how many snapper-grouper are on
board a vessel in fillet form when harvested lawfully in
Bahamian waters, two fillets of snapper-grouper, regardless of
the length of each fillet, is equivalent to one snapper-grouper.
The skin must remain intact on the entire fillet of any snapper-
grouper carcass.
(b) Bag limits--(1) Greater amberjack--1.
(2) Grouper and tilefish, combined--3. Within the 3-fish
aggregate bag limit:
(i) No more than one fish may be gag or black grouper,
combined;
(ii) No more than one fish per vessel may be a snowy
grouper;
(iii) No more than one fish may be a golden tilefish;
(iv) No more than one fish per vessel may be a blueline
tilefish; and
(v) No goliath grouper or Nassau grouper may be retained.
(3) Hogfish in the South Atlantic off Florida--5.
(4) Snappers, combined--10. However, excluded from this 10-
fish bag limit are cubera snapper, measuring 30 inches (76.2
cm), TL, or larger, in the South Atlantic off Florida, and red
snapper and vermilion snapper. (See § 622.181(b)(2) for the
prohibitions on harvest or possession of red snapper, except
during a limited recreational fishing season, and §
622.181(c)(1) for limitations on cubera snapper measuring 30
inches (76.2 cm), TL, or larger, in or from the South Atlantic
EEZ off Florida.)
(5) Vermilion snapper--5.
(6) Red porgy--3.
(7) Black sea bass--5.
150
(8) South Atlantic snapper-grouper, combined--20. However,
excluded from this 20-fish bag limit are tomtate, South Atlantic
snapper-grouper ecosystem component species (specified in Table
4 of Appendix A to part 622), and those specified in paragraphs
(b)(1) through (7) and paragraphs (b)(9) and (10) of this
section.
(9) Red snapper--0, except during a limited recreational
fishing season, as specified in § 622.183(b)(5), during which
time the bag limit is 1 fish.
(10) No more than one fish per vessel may be a wreckfish.
(11) Longline bag limits. Other provisions of this
paragraph (b) notwithstanding, a person on a trip aboard a
vessel for which the bag limits apply that has a longline on
board is limited on that trip to the bag limit for South
Atlantic snapper-grouper for which a bag limit is specified in
this paragraph (b), and to zero for all other South Atlantic
snapper-grouper. For the purposes of this paragraph (b)(11), a
vessel is considered to have a longline on board when a power-
operated longline hauler, a cable or monofilament of diameter
and length suitable for use in the longline fishery, and
gangions are on board. Removal of any one of these elements
constitutes removal of a longline.
(c) Possession limits. (1) Provided each passenger is
issued and has in possession a receipt issued on behalf of the
vessel that verifies the duration of the trip--
(i) A person aboard a charter vessel or headboat on a trip
that spans more than 24 hours may possess no more than two daily
bag limits of species other than red porgy.
(ii) A person aboard a headboat on a trip that spans more
than 48 hours and who can document that fishing was conducted on
at least 3 days may possess no more than three daily bag limits
of species other than red porgy.
(2) A person aboard a vessel may not possess red porgy in
or from the EEZ in excess of three per day or three per trip,
whichever is more restrictive.
§ 622.188 Required gear, authorized gear, and unauthorized gear.
(a) Required gear. For a person on board a vessel to
harvest or possess South Atlantic snapper-grouper in or from the
South Atlantic EEZ, the vessel must possess on board and such
person must use the gear as specified in paragraphs (a)(1) and
(a)(2) of this section.
(1) Dehooking device. At least one dehooking device is
required and must be used as needed to remove hooks embedded in
South Atlantic snapper-grouper with minimum damage. The hook
removal device must be constructed to allow the hook to be
151
secured and the barb shielded without re-engaging during the
removal process. The dehooking end must be blunt, and all edges
rounded. The device must be of a size appropriate to secure the
range of hook sizes and styles used in the South Atlantic
snapper-grouper fishery.
(2) Non-stainless steel circle hooks. Non-stainless steel
circle hooks are required to be used when fishing with hook-and-
line gear and natural baits north of 28° N. lat.
(b) Authorized gear. Subject to the gear restrictions
specified in § 622.180, the following are the only gear types
authorized in a directed fishery for snapper-grouper in the
South Atlantic EEZ: Bandit gear, bottom longline, buoy gear,
handline, rod and reel, sea bass pot, and spearfishing gear.
(c) Unauthorized gear. All gear types other than those
specified in paragraph (b) of this section are unauthorized gear
and the following possession and transfer limitations apply.
(1) A vessel with trawl gear on board that fishes in the
EEZ on a trip may possess no more than 200 lb (90.7 kg) of South
Atlantic snapper-grouper, excluding wreckfish, in or from the
EEZ on that trip. It is a rebuttable presumption that a vessel
with more than 200 lb (90.7 kg) of South Atlantic snapper-
grouper, excluding wreckfish, on board harvested such fish in
the EEZ.
(2) Except as specified in paragraphs (d) through (f) of
this section, a person aboard a vessel with unauthorized gear on
board, other than trawl gear, that fishes in the EEZ on a trip
is limited on that trip to:
(i) South Atlantic snapper-grouper species for which a bag
limit is specified in § 622.187--the bag limit.
(ii) All other South Atlantic snapper-grouper--zero.
(3) South Atlantic snapper-grouper on board a vessel with
unauthorized gear on board may not be transferred at sea,
regardless of where such transfer takes place, and such snapper-
grouper may not be transferred in the EEZ.
(4) No vessel may receive at sea any South Atlantic
snapper-grouper from a vessel with unauthorized gear on board,
as specified in paragraph (c)(3) of this section.
(d) Possession allowance regarding sink nets off North
Carolina. A vessel that has on board a commercial permit for
South Atlantic snapper-grouper, excluding wreckfish, that fishes
in the EEZ off North Carolina with a sink net on board, may
retain, without regard to the limits specified in paragraph
(c)(2) of this section, otherwise legal South Atlantic snapper-
grouper taken with bandit gear, buoy gear, handline, rod and
reel, or sea bass pot. For the purpose of this paragraph (d), a
sink net is a gillnet with stretched mesh measurements of 3 to
4.75 inches (7.6 to 12.1 cm) that is attached to the vessel when
152
deployed.
(e) Possession allowance regarding bait nets. A vessel that
has on board a commercial permit for South Atlantic snapper-
grouper, excluding wreckfish, that fishes in the South Atlantic
EEZ with no more than one bait net on board, may retain, without
regard to the limits specified in paragraph (c)(2) of this
section, otherwise legal South Atlantic snapper-grouper taken
with bandit gear, buoy gear, handline, rod and reel, or sea bass
pot. For the purpose of this paragraph (e), a bait net is a
gillnet not exceeding 50 ft (15.2 m) in length or 10 ft (3.1 m)
in height with stretched mesh measurements of 1.5 inches (3.8
cm) or smaller that is attached to the vessel when deployed.
(f) Possession allowance regarding cast nets. A vessel that
has on board a commercial permit for South Atlantic snapper-
grouper, excluding wreckfish, that fishes in the South Atlantic
EEZ with a cast net on board, may retain, without regard to the
limits specified in paragraph (c)(2) of this section, otherwise
legal South Atlantic snapper-grouper taken with bandit gear,
buoy gear, handline, rod and reel, or sea bass pot. For the
purpose of this paragraph (f), a cast net is a cone-shaped net
thrown by hand and designed to spread out and capture fish as
the weighted circumference sinks to the bottom and comes
together when pulled by a line.
(g) Longline species limitation. A vessel that has on board
a valid Federal commercial permit for South Atlantic snapper-
grouper, excluding wreckfish, that fishes in the EEZ on a trip
with a longline on board, may possess only the following South
Atlantic snapper-grouper: snowy grouper, yellowedge grouper,
misty grouper, golden tilefish, blueline tilefish, and sand
tilefish. See § 622.170(f) for the requirement to possess a
valid South Atlantic golden tilefish longline endorsement to
fish for golden tilefish in the South Atlantic EEZ using
longline gear. For the purpose of this paragraph, a vessel is
considered to have a longline on board when a power-operated
longline hauler, a cable of diameter suitable for use in the
longline fishery on any reel, and gangions are on board. Removal
of any one of these three elements constitutes removal of a
longline.
§ 622.189 Restrictions and requirements for sea bass pots.
(a) Tending restriction. A sea bass pot in the South
Atlantic EEZ may be pulled or tended only by a person (other
than an authorized officer) aboard the vessel permitted to fish
such pot or aboard another vessel if such vessel has on board
written consent of the owner or operator of the vessel so
permitted.
153
(b) Configuration restriction. In the South Atlantic EEZ,
sea bass pots may not be used or possessed in multiple
configurations, that is, two or more pots may not be attached
one to another so that their overall dimensions exceed those
allowed for an individual sea bass pot. This does not preclude
connecting individual pots to a line, such as a "trawl" or trot
line.
(c) Requirement for escape mechanisms. (1) A sea bass pot
that is used or possessed in the South Atlantic EEZ between
35°15.19' N. lat. (due east of Cape Hatteras Light, NC) and
28°35.1' N. lat. (due east of the NASA Vehicle Assembly
Building, Cape Canaveral, FL) is required to have--
(i) On at least one side, excluding top and bottom, a panel
or door with an opening equal to or larger than the interior end
of the trap's throat (funnel). The hinges and fasteners of each
panel or door must be made of one of the following degradable
materials:
(A) Ungalvanized or uncoated iron wire with a diameter not
exceeding 0.041 inches (1.0 mm), that is, 19 gauge wire.
(B) Galvanic timed-release mechanisms with a letter grade
designation (degradability index) no higher than J.
(ii) An unobstructed escape vent opening on at least two
opposite vertical sides, excluding top and bottom. The minimum
dimensions of an escape vent opening (based on inside
measurement) are:
(A) 1 1/8 by 5 3/4 inches (2.9 by 14.6 cm) for a
rectangular vent.
(B) 1.75 by 1.75 inches (4.5 by 4.5 cm) for a square vent.
(C) 2.0-inch (5.1-cm) diameter for a round vent.
(2) [Reserved]
(d) Construction requirements and mesh sizes. (1) A sea
bass pot used or possessed in the South Atlantic EEZ must have
mesh sizes as follows (based on centerline measurements between
opposite, parallel wires or netting strands):
(i) For sides of the pot other than the back panel:
(A) Hexagonal mesh (chicken wire)--at least 1.5 inches (3.8
cm) between the wrapped sides;
(B) Square mesh--at least 1.5 inches (3.8 cm) between
sides; or
(C) Rectangular mesh--at least 1 inch (2.5 cm) between the
longer sides and 2 inches (5.1 cm) between the shorter sides.
(ii) For the entire back panel, i.e., the side of the pot
opposite the side that contains the pot entrance, mesh that is
at least 2 inches (5.1 cm) between sides.
(2) [Reserved]
(e) Requirements for pot removal. (1) A sea bass pot must
be removed from the water in the South Atlantic EEZ and the
154
vessel must be returned to a dock, berth, beach, seawall, or
ramp at the conclusion of each trip. Sea bass pots may remain on
the vessel at the conclusion of each trip.
(2) A sea bass pot must be removed from the water in the
South Atlantic EEZ when the applicable quota specified in §
622.190(a)(5) is reached. After a closure is in effect, a black
sea bass may not be retained by a vessel that has a sea bass pot
on board.
(f) Restriction on number of pots. A vessel that has on
board a valid Federal commercial permit for South Atlantic
snapper-grouper and a South Atlantic black sea bass pot
endorsement that fishes in the South Atlantic EEZ on a trip with
black sea bass pots, may possess only 35 black sea bass pots per
vessel per permit year. Each black sea bass pot in the water or
onboard a vessel in the South Atlantic EEZ, must have a valid
identification tag attached. Endorsement holders must apply for
new tags each permit year through NMFS to replace tags from the
previous year.
§ 622.190 Quotas.
See § 622.8 for general provisions regarding quota
applicability and closure and reopening procedures. This section
provides quotas and specific quota closure restrictions for
South Atlantic snapper-grouper.
(a) South Atlantic snapper-grouper, excluding wreckfish.
The quotas apply to persons who are not subject to the bag
limits. (See § 622.11 for applicability of the bag limits.) The
quotas are in gutted weight, that is eviscerated but otherwise
whole, except for the quotas in paragraphs (a)(4) through (7) of
this section which are in both gutted weight and round weight.
(1) Snowy grouper--(i) For the 2015 fishing year--115,451
lb (52,368 kg), gutted weight; 136,233 lb (61,794 kg), round
weight.
(ii) For the 2016 fishing year--125,760 lb (57,044 kg),
gutted weight; 148,397 lb (67,312 kg), round weight.
(iii) For the 2017 fishing year--135,380 lb (61,407 kg),
gutted weight; 159,749 lb (72,461 kg), round weight.
(iv) For the 2018 fishing year--144,315 lb (65,460 kg),
gutted weight; 170,291 lb (77,243 kg), round weight.
(v) For the 2019 and subsequent fishing years--153,935 lb
(69,824 kg), gutted weight; 181,644 lb (82,392 kg), round
weight.
(2) Golden tilefish. (i) Longline and hook-and-line
components combined--541,295 lb (245,527 kg).
(ii) Hook-and-line component--135,324 lb (61,382 kg).
(iii) Longline component--405,971 lb (184,145 kg).
155
(3) Greater amberjack--769,388 lb (348,989 kg).
(4) Vermilion snapper. (i) For the period January through
June each year.
(A) For the 2013 fishing year--420,252 lb (190,623 kg),
gutted weight; 466,480 lb (211,592 kg), round weight.
(B) For the 2014 fishing year--401,874 lb (182,287 kg),
gutted weight; 446,080 lb (202,338 kg), round weight.
(C) For the 2015 fishing year--394,829 lb (179,091 kg),
gutted weight; 438,260 lb (198,791 kg), round weight.
(D) For the 2016 and subsequent fishing years--388,703 lb
(176,313 kg), gutted weight; 431,460 lb (195,707 kg), round
weight.
(ii) For the period July through December each year.
(A) For the 2013 fishing year--420,252 lb (190,623 kg),
gutted weight; 466,480 lb (211,592 kg), round weight.
(B) For the 2014 fishing year--401,874 lb (182,287 kg),
gutted weight; 446,080 lb (202,338 kg), round weight.
(C) For the 2015 fishing year--394,829 lb (179,091 kg),
gutted weight; 438,260 lb (198,791 kg), round weight.
(D) For the 2016 and subsequent fishing years--388,703 lb
(176,313 kg), gutted weight; 431,460 lb (195,707 kg), round
weight.
(iii) Any unused portion of the quota specified in
paragraph (a)(4)(i) of this section will be added to the quota
specified in paragraph (a)(4)(ii) of this section. Any unused
portion of the quota specified in paragraph (a)(4)(ii) of this
section, including any addition of quota specified in paragraph
(a)(4)(i) of this section that was unused, will become void and
will not be added to any subsequent quota.
(5) Black sea bass (i) For the 2014, 2015, and 2016 fishing
years--661,034 lb (299,840 kg), gutted weight; 780,020 lb
(353,811 kg), round weight.
(ii) For the 2017 fishing year and subsequent fishing
years-640,063 lb (290,328 kg), gutted weight; 755,274 lb
(342,587 kg), round weight.
(6) Red porgy--(i) For the 2013 fishing year--147,115 lb
(66,730 kg), gutted weight; 153,000 lb (69,400 kg), round
weight.
(ii) For the 2014 fishing year--148,558 lb (67,385 kg),
gutted weight; 154,500 lb (70,080 kg), round weight.
(iii) For the 2015 and subsequent fishing years--157,692 lb
(71,528 kg), gutted weight; 164,000 lb (74,389 kg), round
weight.
(7) Gag--(i) For the 2015 fishing year--295,459 lb (134,018
kg), gutted weight; 348,642 lb (158,141 kg), round weight.
(ii) For the 2016 fishing year--297,882 lb (135,117 kg),
gutted weight; 351,501 (159,438 kg), round weight.
156
(iii) For the 2017 fishing year--318,231 lb (144,347 kg),
gutted weight; 375,513 lb (170,330 kg), round weight.
(iv) For the 2018 fishing year--335,188 lb (152,039 kg),
gutted weight; 395,522 lb (179,406 kg), round weight.
(v) For the 2019 and subsequent fishing years--347,301 lb
(157,533 kg), gutted weight; 409,816 lb (185,889 kg), round
weight.
(8) Gray triggerfish. (i) For the period January through
June each year--156,162 lb (70,834 kg), round weight.
(ii) For the period July through December each year--
156,162 lb (70,834 kg), round weight.
(iii) Any unused portion of the quota specified in
paragraph (a)(8)(i) of this section will be added to the quota
specified in paragraph (a)(8)(ii) of this section. Any unused
portion of the quota specified in paragraph (a)(8)(ii) of this
section, including any addition of quota specified in paragraph
(a)(8)(i) of this section that was unused, will become void and
will not be added to any subsequent quota.
(b) Wreckfish. (1) The quotas for wreckfish apply to
wreckfish shareholders, or their employees, contractors, or
agents. The quotas are given round weight. See § 622.172 for
information on the wreckfish shareholder under the ITQ system.
(i) For the 2015 fishing year--411,350 lb (186,585 kg).
(ii) For the 2016 fishing year--402,515 (182,578 kg).
(iii) For the 2017 fishing year--393,490 lb (178,484 kg).
(iv) For the 2018 fishing year--385,985 lb (175,080 kg).
(v) For the 2019 fishing year--376,960 lb (170,986 kg).
(vi) For the 2020 and subsequent fishing years--369,645 lb
(167,668 kg).
(2) [Reserved]
(c) Restrictions applicable after a commercial quota
closure--(1) South Atlantic gag, greater amberjack, snowy
grouper, golden tilefish, vermilion snapper, black sea bass, red
porgy, wreckfish, and gray triggerfish. (i) The appropriate bag
limits specified in § 622.187(b) and the possession limits
specified in § 622.187(c) apply to all harvest or possession of
the applicable species in or from the South Atlantic EEZ, and
the sale or purchase of the applicable species taken from or
possessed in the EEZ is prohibited. The prohibition on
sale/purchase during a closure for the applicable species does
not apply to fish that were harvested, landed ashore, and sold
prior to the effective date of the closure and were held in cold
storage by a dealer or processor.
(ii) The bag and possession limits for the applicable
species and the prohibition on sale/purchase apply in the South
Atlantic on board a vessel for which a valid Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-
157
grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(2) [Reserved]
§ 622.191 Commercial trip limits.
Commercial trip limits are limits on the amount of the
applicable species that may be possessed on board or landed,
purchased, or sold from a vessel per day. A person who fishes in
the EEZ may not combine a trip limit specified in this section
with any trip or possession limit applicable to state waters. A
species subject to a trip limit specified in this section taken
in the EEZ may not be transferred at sea, regardless of where
such transfer takes place, and such species may not be
transferred in the EEZ. Commercial trip limits apply as follows
(all weights are round or eviscerated weights unless specified
otherwise):
(a) When a vessel fishes on a trip in the South Atlantic
EEZ, the vessel trip limits specified in this paragraph (a)
apply, provided persons aboard the vessel are not subject to the
bag limits. See § 622.11 and § 622.187(a) for applicability of
the bag limits.
(1) Trip-limited permits. A vessel for which a trip-limited
permit for South Atlantic snapper-grouper has been issued is
limited to 225 lb (102.1 kg) of snapper-grouper.
(2) Golden tilefish--(i) South Atlantic snapper-grouper
unlimited permit holders, with a longline endorsement, using
longline gear. Until the quota specified in § 622.190(a)(2)(iii)
is reached, 4,000 lb (1,814 kg), gutted weight; 4,480 lb (2,032
kg), round weight.
(ii) South Atlantic snapper-grouper unlimited permit
holders, without a longline endorsement, using hook-and-line
gear. Until the quota specified in § 622.190(a)(2)(ii) is
reached, the trip limit for golden tilefish is 500 lb (227 kg),
gutted weight; 560 lb (254 kg), round weight. Vessels with
golden tilefish longline endorsements are not eligible to fish
for golden tilefish using hook-and-line gear under this 500-lb
(227-kg) trip limit.
(iii) See § 622.190(c)(1) for the limitations regarding
golden tilefish after the applicable commercial quota is
reached.
(3) Snowy grouper. Until the quota specified in §
622.190(a)(1) is reached--200 lb (91 kg), gutted weight; 236 lb
(107 kg), round weight. See § 622.190(c)(1) for the limitations
regarding snowy grouper after the fishing year quota is reached.
(4) Red porgy. (i) From May 1 through December 31--120
fish.
158
(ii) From January 1 through April 30, the seasonal harvest
limit specified in § 622.184(c) applies.
(iii) See § 622.190(c)(1) for the limitations regarding red
porgy after the fishing year quota is reached.
(5) Greater amberjack. Until the quota specified in §
622.190(a)(3) is reached, 1,200 lb (544 kg). See § 622.190(c)(1)
for the limitations regarding greater amberjack after the quota
is reached.
(6) Vermilion snapper. (i) Until 75 percent of either quota
specified in § 622.190(a)(4)(i) or (ii) is reached or projected
to be reached, 1,000 lb (454 kg), gutted weight; 1,110 lb (503
kg), round weight.
(ii) After 75 percent of either quota specified in §
622.190(a)(4)(i) or (ii) is reached or projected to be reached,
500 lb (227 kg), gutted weight; 555 lb (252 kg), round weight.
When the conditions in this paragraph (a)(6)(ii) have been
reached, the Assistant Administrator will implement this trip
limit change by filing a notification with the Office of the
Federal Register.
(iii) See § 622.190(c)(1) for the limitations regarding
vermilion snapper after either quota specified in §
622.190(a)(4)(i) or (ii) is reached or projected to be reached.
(7) Gag. (i) Until 75 percent of the quota specified in §
622.190(a)(7) is reached--1,000 lb (454 kg), gutted weight,
1,180 lb (535 kg), round weight.
(ii) After 75 percent of the quota specified in §
622.190(a)(7) is reached or projected to be reached--500 lb (227
kg), gutted weight, 590 lb (268 kg), round weight. When the
conditions in this paragraph (a)(7)(ii) have been met, the
Assistant Administrator will implement this trip limit change by
filing a notification with the Office of the Federal Register.
(iii) See § 622.190(c)(1) for the limitations regarding gag
after the quota is reached.
(8) Black sea bass. (i) Hook-and-line component. (A) From
January 1 through April 30, until the applicable quota specified
in § 622.190(a)(5) is reached--300 lb (136 kg), gutted weight;
354 lb (161 kg), round weight.
(B) From May 1 through December 31, until the applicable
quota specified in § 622.190(a)(5) is reached--1,000 lb (454
kg), gutted weight; 1,180 lb (535 kg), round weight.
(ii) Sea bass pot component. From May 1 through October 31,
until the applicable quota specified in § 622.190(a)(5) is
reached--1,000 lb (454 kg), gutted weight; 1,180 lb (535 kg),
round weight. See § 622.183(b)(6) regarding the November 1
through April 30 seasonal closure of the commercial black sea
bass pot component of the snapper-grouper fishery.
159
(iii) See § 622.190(c)(1) for the limitations regarding
black sea bass after the applicable quota is reached.
(9) Red snapper. During a limited commercial fishing
season, as specified in § 622.183(b)(5), and until the
commercial ACL specified in § 622.193(y)(1) is reached, 75 lb
(34 kg), gutted weight. See § 622.193(y)(1) for the limitations
regarding red snapper after the commercial ACL is reached.
(10) Blueline tilefish. Until the applicable ACL specified
in § 622.193(z)(1)(iii) is reached or projected to be reached,
100 lb (45 kg), gutted weight; 112 lb (51 kg), round weight. See
§ 622.193(z)(1)(i) for the limitations regarding blueline
tilefish after the commercial ACL is reached.
(11) Gray triggerfish. Until the applicable quota specified
in either § 622.190(a)(8)(i) or (ii) is reached, 1,000 lb (454
kg), round weight. See § 622.190(c)(1) for the limitations
regarding gray triggerfish after either quota specified in §
622.190(a)(8)(i) or (ii) is reached or projected to be reached.
(b) [Reserved]
§ 622.192 Restrictions on sale/purchase.
The restrictions in this section are in addition to the
restrictions on sale/purchase related to quota closures as
specified in § 622.190(c).
(a) A South Atlantic snapper-grouper harvested or possessed
in the EEZ on board a vessel that does not have a valid
commercial permit for South Atlantic snapper-grouper, as
required under § 622.170(a), or a South Atlantic snapper-grouper
harvested in the EEZ and possessed under the bag limits
specified in § 622.187(b), may not be sold or purchased. In
addition, a South Atlantic snapper-grouper harvested or
possessed by a vessel that is operating as a charter vessel or
headboat with a Federal charter vessel/headboat permit for South
Atlantic snapper-grouper may not be sold or purchased regardless
of where harvested, i.e., in state or Federal waters.
(b) South Atlantic snapper-grouper harvested in or from the
EEZ or adjoining state waters by a vessel that has a valid
commercial vessel permit for South Atlantic snapper-grouper may
be sold or transferred only to a dealer who has a valid Gulf and
South Atlantic dealer permit, as required under § 622.170(c)(1).
(c) South Atlantic snapper-grouper harvested in or from the
EEZ may be first received by a dealer who has a valid Gulf and
South Atlantic dealer permit, as required under § 622.170(a),
only from a vessel that has a valid commercial permit for South
Atlantic snapper-grouper.
(d) A warsaw grouper or speckled hind in or from the South
Atlantic EEZ may not be sold or purchased.
160
(e) No person may sell or purchase a snowy grouper, gag,
golden tilefish, greater amberjack, vermilion snapper, black sea
bass, or red porgy harvested from or possessed in the South
Atlantic, i.e., in state or Federal waters, by a vessel for
which a valid Federal commercial permit for South Atlantic
snapper-grouper has been issued for the remainder of the fishing
year after the applicable commercial quota for that species
specified in § 622.190(a) has been reached. The prohibition on
sale/purchase during these periods does not apply to such of the
applicable species that were harvested, landed ashore, and sold
prior to the applicable commercial quota being reached and were
held in cold storage by a dealer or processor.
(f) During January, February, March, and April, no person
may sell or purchase a red porgy harvested from the South
Atlantic EEZ or, if harvested by a vessel for which a valid
Federal commercial permit for South Atlantic snapper-grouper has
been issued, harvested from the South Atlantic, i.e., in state
or Federal waters. The prohibition on sale/purchase during
January through April does not apply to red porgy that were
harvested, landed ashore, and sold prior to January 1 and were
held in cold storage by a dealer or processor. This prohibition
also does not apply to a dealer's purchase or sale of red porgy
harvested from an area other than the South Atlantic, provided
such fish is accompanied by documentation of harvest outside the
South Atlantic. The requirements for such documentation are
specified in paragraph (i) of this section.
(g) During April, no person may sell or purchase a greater
amberjack harvested from the South Atlantic EEZ or, if harvested
by a vessel for which a valid Federal commercial permit for
South Atlantic snapper-grouper has been issued, harvested from
the South Atlantic, i.e., in state or Federal waters. The
prohibition on sale/purchase during April does not apply to
greater amberjack that were harvested, landed ashore, and sold
prior to April 1 and were held in cold storage by a dealer or
processor. This prohibition also does not apply to a dealer's
purchase or sale of greater amberjack harvested from an area
other than the South Atlantic, provided such fish is accompanied
by documentation of harvest outside the South Atlantic. The
requirements for such documentation are specified in paragraph
(i) of this section.
(h) During January through April, no person may sell or
purchase a gag, black grouper, red grouper, scamp, red hind,
rock hind, yellowmouth grouper, yellowfin grouper, graysby, or
coney harvested from or possessed in the South Atlantic EEZ or,
if harvested or possessed by a vessel for which a valid Federal
commercial permit for South Atlantic snapper-grouper has been
issued, harvested from the South Atlantic, i.e., in state or
161
Federal waters. The prohibition on sale/purchase during January
through April does not apply to such species that were
harvested, landed ashore, and sold prior to January 1 and were
held in cold storage by a dealer or processor. This prohibition
also does not apply to a dealer's purchase or sale of such
species harvested from an area other than the South Atlantic,
provided such fish is accompanied by documentation of harvest
outside the South Atlantic. The requirements for such
documentation are specified in paragraph (i) of this section.
(i) The documentation supporting a dealer's purchase or
sale of applicable species during the times specified in
paragraphs (f) through (h) of this section must contain:
(1) The information specified in part 300, subpart K, of
this title for marking containers or packages of fish or
wildlife that are imported, exported, or transported in
interstate commerce;
(2) The official number, name, and home port of the vessel
harvesting the applicable species;
(3) The port and date of offloading from the vessel
harvesting the applicable species; and
(4) A statement signed by the dealer attesting that the
applicable species was harvested from an area other than the
South Atlantic.
(j) No person may sell or purchase a red snapper harvested
from or possessed in the South Atlantic, i.e., state or Federal
waters, by a vessel for which a Federal commercial vessel permit
for South Atlantic snapper-grouper has been issued, except if
NMFS determines a limited commercial fishing season for red
snapper is allowable, as specified in § 622.183(b)(5).
(k) Snapper-grouper possessed pursuant to the bag and
possession limits specified in § 622.187(a)(3) may not be sold
or purchased.
§ 622.193 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
(a) Golden tilefish--(1) Commercial sector--(i) Hook-and-
line component. If commercial landings, as estimated by the SRD,
reach or are projected to reach the commercial ACL (commercial
quota) specified in § 622.190(a)(2)(ii), the AA will file a
notification with the Office of the Federal Register to close
the hook-and-line component of the commercial sector for the
remainder of the fishing year.
(ii) Longline component. If commercial landings, as
estimated by the SRD, reach or are projected to reach the
commercial ACL (commercial quota) specified in §
622.190(a)(2)(iii), the AA will file a notification with the
162
Office of the Federal Register to close the longline component
of the commercial sector for the remainder of the fishing year.
After the commercial ACL for the longline component is reached
or projected to be reached, golden tilefish may not be fished
for or possessed by a vessel with a golden tilefish longline
endorsement.
(2) Recreational sector. If recreational landings for
golden tilefish, as estimated by the SRD, reach or are projected
to reach the recreational ACL of 3,019 fish, the AA will file a
notification with the Office of the Federal Register to close
the recreational sector for the remainder of the fishing year.
If recreational landings for golden tilefish, as estimated by
the SRD, exceed the recreational ACL, then during the following
fishing year, recreational landings will be monitored for a
persistence in increased landings and, if necessary, the AA will
file a notification with the Office of the Federal Register, to
reduce the length of the following recreational fishing season
by the amount necessary to ensure recreational landings do not
exceed the recreational ACL in the following fishing year.
(b) Snowy grouper--(1) Commercial sector. If commercial
landings, as estimated by the SRD, reach or are projected to
reach the quota specified in § 622.190(a)(1), the AA will file a
notification with the Office of the Federal Register to close
the commercial sector for snowy grouper for the remainder of the
fishing year.
(2) Recreational sector. (i) If recreational landings, as
estimated by the SRD, exceed the recreational ACL specified in
paragraph (b)(2)(ii) of this section, the AA will file a
notification with the Office of the Federal Register, at or near
the beginning of the following fishing year, to reduce the
length of the following recreational fishing season by the
amount necessary to ensure recreational landings do not exceed
the recreational ACL in the following fishing year. When NMFS
reduces the length of the following recreational fishing season,
the following closure provisions apply: the bag and possession
limits for snowy grouper in or from the South Atlantic EEZ are
zero. These bag and possession limits also apply in the South
Atlantic on board a vessel for which a valid Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters. Recreational
landings will be evaluated relative to the ACL based on a moving
multi-year average of landings, as described in the FMP.
(ii) The recreational ACL for snowy grouper is 4,152 fish
for 2015; 4,483 fish for 2016; 4,819 fish for 2017, 4,983 fish
for 2018; 5,315 fish for 2019 and subsequent fishing years.
163
(c) Gag--(1) Commercial sector. If commercial landings, as
estimated by the SRD, reach or are projected to reach the
applicable directed commercial quota, specified in §
622.190(a)(7), the AA will file a notification with the Office
of the Federal Register to close the commercial sector for gag
for the remainder of the fishing year. The commercial ACL for
gag is 322,677 lb (146,364 kg), gutted weight, 380,759 lb
(172,709 kg), round weight, for 2015; 325,100 lb (147,463 kg),
gutted weight, 383,618 lb (174,006 kg), round weight, for 2016;
345,449 lb (197,516 kg), gutted weight, 407,630 lb (184,898 kg),
round weight, for 2017; 362,406 lb (164,385 kg), gutted weight,
427,639 lb (193,974 kg), round weight, for 2018; and 374,519 lb
(169,879 kg), gutted weight, 441,932 lb (200,457 kg), round
weight, for 2019 and subsequent fishing years.
(2) Recreational sector. (i) If recreational landings, as
estimated by the SRD, reach or are projected to reach the
applicable recreational ACL, specified in paragraph (c)(2)(iv)
of this section, and gag are overfished, based on the most
recent Status of U.S. Fisheries Report to Congress, the AA will
file a notification with the Office of the Federal Register to
close the gag recreational sector for the remainder of the
fishing year. On and after the effective date of such
notification, the bag and possession limits for gag in or from
the South Atlantic EEZ are zero. These bag and possession limits
also apply in the South Atlantic on board a vessel for which a
valid Federal commercial or charter vessel/headboat permit for
South Atlantic snapper-grouper has been issued, without regard
to where such species were harvested, i.e., in state or Federal
waters.
(ii) Without regard to overfished status, if gag
recreational landings exceed the recreational ACL, the AA will
file a notification with the Office of the Federal Register, at
or near the beginning of the following fishing year, to reduce
the recreational ACL for that fishing year by the amount of the
overage.
(iii) Recreational landings will be evaluated relative to
the ACL based on a moving multi-year average of landings, as
described in the FMP.
(iv) The recreational ACL for gag is 310,023 lb (148,025
kg), gutted weight, 365,827 (165,936 kg), round weight, for
2015; 312,351 lb (149,137 kg), gutted weight, 368,574 lb
(175,981 kg), round weight, for 2016; 331,902 lb (158,472 kg),
gutted weight, 391,644 lb (186,997 kg), round weight, for 2017;
348,194 lb (166,251 kg), gutted weight, 410,869 lb (196,176 kg),
round weight, for 2018; and 359,832 lb (171,807 kg), gutted
weight, 424,602 lb (202,733 kg), round weight, for 2019 and
subsequent fishing years.
164
(d) Red grouper--(1) Commercial sector. (i) If commercial
landings for red grouper, as estimated by the SRD, reach or are
projected to reach the applicable ACL in paragraph (d)(1)(iii)
of this section, the AA will file a notification with the Office
of the Federal Register to close the commercial sector for the
remainder of the fishing year. On and after the effective date
of such a notification, all sale or purchase of red grouper is
prohibited and harvest or possession of this species in or from
the South Atlantic EEZ is limited to the bag and possession
limit. This bag and possession limit applies in the South
Atlantic on board a vessel for which a valid Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(ii) If commercial landings exceed the ACL, the AA will
file a notification with the Office of the Federal Register, at
or near the beginning of the following fishing year to reduce
the ACL for that following year by the amount of the overage in
the prior fishing year.
(iii) The applicable commercial ACLs, in round weight, are
284,680 lb (129,129 kg) for 2012, 315,920 lb (143,299 kg) for
2013, and 343,200 lb (155,673 kg) for 2014 and subsequent
fishing years.
(2) Recreational sector. (i) If recreational landings for
red grouper, as estimated by the SRD, are projected to reach the
applicable ACL in paragraph (d)(2)(iii) of this section, the AA
will file a notification with the Office of the Federal Register
to close the recreational sector for the remainder of the
fishing year. On and after the effective date of such a
notification, the bag and possession limit is zero. This bag and
possession limit applies in the South Atlantic on board a vessel
for which a valid Federal charter vessel/headboat permit for
South Atlantic snapper-grouper has been issued, without regard
to where such species were harvested, i.e., in state or Federal
waters.
(ii) If recreational landings for red grouper, as estimated
by the SRD, exceed the applicable ACL, the AA will file a
notification with the Office of the Federal Register, to reduce
the recreational ACL the following fishing year by the amount of
the overage in the prior fishing.
(iii) The applicable recreational ACLs, in round weight,
are 362,320 lb (164,346 kg) for 2012, 402,080 lb (182,380 kg)
for 2013, and 436,800 lb (198,129 kg) for 2014 and subsequent
fishing years.
(3) Without regard to overfished status, if the combined
commercial and recreational sector ACL (total ACL), as estimated
by the SRD, is exceeded in a fishing year, then during the
165
following fishing year, an automatic increase will not be
applied to the commercial and recreational sector ACLs. The SRD
will evaluate the landings data to determine whether or not an
increase in the respective sector ACLs will be applied. The
applicable combined commercial and recreational sector ACLs, in
round weight are 647,000 lb (293,474 kg) for 2012, 718,000 lb
(325,679 kg) for 2013, and 780,000 lb (353,802 kg) for 2014 and
subsequent fishing years.
(i) Following an overage of the total ACL, if there is no
overage the following fishing year, the SRD will evaluate the
landings data to determine whether or not an increase in the
respective sector ACLs will be applied.
(ii) [Reserved]
(e) Black sea bass--(1) Commercial sector. (i) If
commercial landings, as estimated by the SRD, reach or are
projected to reach the quota specified in § 622.190(a)(5), the
AA will file a notification with the Office of the Federal
Register to close the commercial sector for the remainder of the
fishing year.
(ii) If commercial landings exceed the quota specified in
§ 622.190(a)(5), the AA will file a notification with the Office
of the Federal Register, at or near the beginning of the
following fishing year to reduce the ACL for that following year
by the amount of the overage in the prior fishing year, unless
the SRD determines that no overage is necessary based on the
best scientific information available.
(2) Recreational sector. The recreational ACL for black sea
bass is 876,254 lb (397,462 kg), gutted weight, 1,033,980 lb
(469,005 kg), round weight for the 2013-2014, 2014-2015, and
2015-2016 fishing years and 848,455 lb (384,853 kg), gutted
weight, 1,001,177 lb (454,126 kg), round weight for the 2016-
2017 fishing year and subsequent fishing years. NMFS will
project the length of the recreational fishing season based on
when NMFS projects the recreational ACL specified in this
paragraph is expected to be met and announce the recreational
fishing season end date in the Federal Register prior to the
start of the recreational fishing year on April 1. On and after
the effective date of the recreational closure notification, the
bag and possession limit for black sea bass in or from the South
Atlantic EEZ is zero. This bag and possession limit applies in
the South Atlantic on board a vessel for which a valid Federal
charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(f) Vermilion snapper--(1) Commercial sector. If commercial
landings, as estimated by the SRD, reach or are projected to
reach the applicable commercial ACL (commercial quota) specified
166
in § 622.190(a)(4)(i) or (ii), the AA will file a notification
with the Office of the Federal Register to close the commercial
sector for that portion of the fishing year applicable to the
respective quota.
(2) Recreational sector. (i) If recreational landings, as
estimated by the SRD, reach or are projected to reach the
applicable recreational ACL specified in paragraph (f)(2)(iv) of
this section the AA will file a notification with the Office of
the Federal Register to close the recreational sector for
vermilion snapper for the remainder of the fishing year. On and
after the effective date of such notification, the bag and
possession limit for vermilion snapper in or from the South
Atlantic EEZ is zero. This bag and possession limit also applies
in the South Atlantic on board a vessel for which a valid
Federal commercial or charter vessel/headboat permit for South
Atlantic snapper-grouper has been issued, without regard to
where such species were harvested, i.e., in state or Federal
waters.
(ii) If the combined vermilion snapper commercial and
recreational landings exceed the combined vermilion snapper ACLs
specified in paragraphs (f)(1) and (f)(2)(iv) of this section,
and vermilion snapper are overfished, based on the most recent
Status of U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register, at or near
the beginning of the following fishing year to reduce the
recreational ACL for that following year by the amount of the
recreational overage in the prior fishing year.
(iii) Recreational landings will be evaluated relative to
the ACL based on a moving multi-year average of landings, as
described in the FMP.
(iv) The recreational ACL for vermilion snapper is 395,532
lb (179,410 kg), gutted weight, 439,040 lb (199,145 kg), round
weight, for 2013; 378,234 lb (171,564 kg), gutted weight,
419,840 lb (190,436 kg), round weight, for 2014; 371,604 lb
(168,557 kg), gutted weight, 412,480 lb (187,098 kg), round
weight, for 2015; and 365,838 lb (165,941 kg), gutted weight,
406,080 lb (184,195 kg), round weight, for 2016 and subsequent
fishing years.
(g) Black grouper--(1) Commercial sector--(i) If commercial
landings for black grouper, as estimated by the SRD, reach or
are projected to reach the applicable ACL in paragraph
(g)(1)(iii) of this section, the AA will file a notification
with the Office of the Federal Register to close the commercial
sector for the remainder of the fishing year. On and after the
effective date of such a notification, all sale or purchase of
black grouper is prohibited and harvest or possession of this
species in or from the South Atlantic EEZ is limited to the bag
167
and possession limit. This bag and possession limit applies in
the South Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such
species were harvested, i.e., in state or Federal waters.
(ii) If commercial landings exceed the ACL, and black
grouper are overfished, based on the most recent Status of U.S.
Fisheries Report to Congress, the AA will file a notification
with the Office of the Federal Register, at or near the
beginning of the following fishing year to reduce the ACL for
that following year by the amount of the overage in the prior
fishing year.
(iii) The applicable commercial ACLs, in round weight, are
90,575 lb (41,084 kg) for 2012, 94,571 lb (42,897 kg) for 2013,
and 96,844 lb (43,928 kg) for 2014 and subsequent fishing years.
(2) Recreational sector. If recreational landings for black
grouper, as estimated by the SRD, exceed the applicable ACL,
then during the following fishing year, recreational landings
will be monitored for a persistence in increased landings and,
if necessary, the AA will file a notification with the Office of
the Federal Register, to reduce the length of the following
recreational fishing season by the amount necessary to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. However, the length of the recreational
season will also not be reduced during the following fishing
year if the RA determines, using the best scientific information
available, that a reduction in the length of the following
fishing season is unnecessary. The applicable recreational ACLs,
in round weight, are 155,020 lb (70,316 kg) for 2012, 161,859 lb
(73,418 kg) for 2013, and 165,750 lb (75,183 kg) for 2014 and
subsequent fishing years.
(3) Without regard to overfished status, if the combined
commercial and recreational sector ACLs, as estimated by the
SRD, are exceeded in a fishing year, then during the following
fishing year, the AA will file a notification with the Office of
the Federal Register stating that both the commercial and
recreational sectors will not have an increase in their
respective sector ACLs during that following fishing year. The
applicable combined commercial and recreational sector ACLs, in
round weight are 245,595 lb (111,400 kg) for 2012, 256,430 lb
(116,315 kg) for 2013, and 262,594 lb (119,111 kg) for 2014 and
subsequent fishing years.
(h) Deep-water complex (including yellowedge grouper, silk
snapper, misty grouper, queen snapper, sand tilefish, black
snapper, and blackfin snapper)--(1) Commercial sector. (i) If
commercial landings for the deep-water complex, as estimated by
the SRD, reach or are projected to reach the commercial ACL of
168
131,634 lb (59,708 kg), round weight, the AA will file a
notification with the Office of the Federal Register to close
the commercial sector for the remainder of the fishing year. On
and after the effective date of such a notification, all sale or
purchase of deep-water complex species is prohibited and harvest
or possession of these species in or from the South Atlantic EEZ
is limited to the bag and possession limits. These bag and
possession limits apply in the South Atlantic on board a vessel
for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued,
without regard to where such species were harvested, i.e., in
state or Federal waters.
(ii) If commercial landings exceed the ACL, and the
combined commercial and recreational ACL (total ACL) specified
in paragraph (h)(3) of this section, is exceeded, and at least
one of the species in the deep-water complex is overfished,
based on the most recent Status of U.S. Fisheries Report to
Congress, the AA will file a notification with the Office of the
Federal Register, at or near the beginning of the following
fishing year to reduce the commercial ACL for that following
year by the amount of the commercial ACL overage in the prior
fishing year.
(2) Recreational sector. (i) If recreational landings for
the deep-water complex, as estimated by the SRD, are projected
to reach the recreational ACL of 38,644 lb (17,529 kg), round
weight, the AA will file a notification with the Office of the
Federal Register to close the recreational sector for the
remainder of the fishing year, unless the RA determines that no
closure is necessary based on the best scientific information
available. On and after the effective date of such a
notification, the bag and possession limits are zero.
(ii) If recreational landings for the deep-water complex,
exceed the applicable recreational ACL, and the combined
commercial and recreational ACL (total ACL) specified in
paragraph (h)(3) of this section is exceeded, and at least one
of the species in the deep-water complex is overfished, based on
the most recent Status of U.S. Fisheries Report to Congress, the
AA will file a notification with the Office of the Federal
Register, to reduce the length of the recreational fishing
season in the following fishing year to ensure recreational
landings do not exceed the recreational ACL the following
fishing year. When NMFS reduces the length of the following
recreational fishing season and closes the recreational sector,
the following closure provisions apply: the bag and possession
limits for the deep-water complex in or from the South Atlantic
EEZ are zero. Additionally, the recreational ACL will be reduced
by the amount of the recreational ACL overage in the prior
169
fishing year. The fishing season and recreational ACL will not
be reduced if the RA determines, using the best scientific
information available that no reduction is necessary.
(3) The combined commercial and recreational sector ACL
(total ACL) is 170,278 lb (77,237 kg), round weight.
(i) Scamp--(1) Commercial sector--(i) If commercial
landings for scamp, as estimated by the SRD, reach or are
projected to reach the commercial ACL of 219,375 lb (99,507 kg),
round weight, the AA will file a notification with the Office of
the Federal Register to close the commercial sector for the
remainder of the fishing year. On and after the effective date
of such a notification, all sale or purchase of scamp is
prohibited and harvest or possession of this species in or from
the South Atlantic EEZ is limited to the bag and possession
limit. This bag and possession limit applies in the South
Atlantic on board a vessel for which a valid Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(ii) If commercial landings exceed the ACL, and scamp are
overfished, based on the most recent Status of U.S. Fisheries
Report to Congress, the AA will file a notification with the
Office of the Federal Register, at or near the beginning of the
following fishing year to reduce the ACL for that following year
by the amount of the overage in the prior fishing year.
(2) Recreational sector. If recreational landings for
scamp, as estimated by the SRD, exceed the recreational ACL of
116,369 lb (52,784 kg), round weight, then during the following
fishing year, recreational landings will be monitored for a
persistence in increased landings and, if necessary, the AA will
file a notification with the Office of the Federal Register, to
reduce the length of the following recreational fishing season
by the amount necessary to ensure recreational landings do not
exceed the recreational ACL in the following fishing year.
However, the length of the recreational season will also not be
reduced during the following fishing year if the RA determines,
using the best scientific information available, that a
reduction in the length of the following fishing season is
unnecessary.
(j) Other SASWG combined (including red hind, rock hind,
yellowmouth grouper, yellowfin grouper, coney, and graysby)--(1)
Commercial sector--(i) If commercial landings for other SASWG,
as estimated by the SRD, reach or are projected to reach the
commercial ACL of 55,542 lb (25,193 kg), round weight, the AA
will file a notification with the Office of the Federal Register
to close the commercial sector for this complex for the
remainder of the fishing year. On and after the effective date
170
of such a notification, all sale or purchase of other SASWG is
prohibited, and harvest or possession of these species in or
from the South Atlantic EEZ is limited to the bag and possession
limit. This bag and possession limit applies in the South
Atlantic on board a vessel for which a valid Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(ii) If commercial landings exceed the ACL, and at least
one of the species in the other SASWG complex is overfished,
based on the most recent status of U.S. Fisheries Report to
Congress, the AA will file a notification with the Office of the
Federal Register, at or near the beginning of the following
fishing year to reduce the ACL for that following year by the
amount of the overage in the prior fishing year.
(2) Recreational sector. If recreational landings for other
SASWG, as estimated by the SRD, exceed the recreational ACL of
48,648 lb (22,066 kg), round weight, then during the following
fishing year, recreational landings will be monitored for a
persistence in increased landings and, if necessary, the AA will
file a notification with the Office of the Federal Register, to
reduce the length of the following recreational fishing season
by the amount necessary to ensure recreational landings do not
exceed the recreational ACL in the following fishing year.
However, the length of the recreational season will also not be
reduced during the following fishing year if the RA determines,
using the best scientific information available, that a
reduction in the length of the following fishing season is
unnecessary.
(k) Greater amberjack--(1) Commercial sector--(i) If
commercial landings for greater amberjack, as estimated by the
SRD, reach or are projected to reach the quota specified in
§ 622.190(a)(3), the AA will file a notification with the Office
of the Federal Register to close the commercial sector for the
remainder of the fishing year.
(ii) If commercial landings exceed the ACL, and greater
amberjack are overfished, based on the most recent Status of
U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register, at or near
the beginning of the following fishing year to reduce the ACL
for that following year by the amount of the overage in the
prior fishing year.
(2) Recreational sector. If recreational landings for
greater amberjack, as estimated by the SRD, exceed the
recreational ACL of 1,167,837 lb (529,722 kg), round weight,
then during the following fishing year, recreational landings
will be monitored for a persistence in increased landings and,
171
if necessary, the AA will file a notification with the Office of
the Federal Register, to reduce the length of the following
recreational fishing season by the amount necessary to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. However, the length of the recreational
season will also not be reduced during the following fishing
year if the RA determines, using the best scientific information
available, that a reduction in the length of the following
fishing season is unnecessary.
(l) Lesser amberjack, almaco jack, and banded rudderfish
complex, combined--(1) Commercial sector--(i) If commercial
landings for lesser amberjack, almaco jack, and banded
rudderfish, combined, as estimated by the SRD, reach or are
projected to reach their combined commercial ACL of 189,422 lb
(85,920 kg), round weight, the AA will file a notification with
the Office of the Federal Register to close the commercial
sector for this complex for the remainder of the fishing year.
On and after the effective date of such a notification, all sale
or purchase of lesser amberjack, almaco jack, and banded
rudderfish is prohibited, and harvest or possession of these
species in or from the South Atlantic EEZ is limited to the bag
and possession limit. This bag and possession limit applies in
the South Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such
species were harvested, i.e., in state or Federal waters.
(ii) If the combined commercial landings for the complex
exceed the ACL, and at least one of the species in the complex
(lesser amberjack, almaco jack, and banded rudderfish) is
overfished, based on the most recent Status of U.S. Fisheries
Report to Congress, the AA will file a notification with the
Office of the Federal Register, at or near the beginning of the
following fishing year to reduce the ACL for that following year
by the amount of the overage in the prior fishing year.
(2) Recreational sector. If recreational landings for the
complex (lesser amberjack, almaco jack, and banded rudderfish),
combined, as estimated by the SRD, exceed the recreational ACL
of 267,799 lb (121,472 kg), round weight, then during the
following fishing year, recreational landings will be monitored
for a persistence in increased landings and, if necessary, the
AA will file a notification with the Office of the Federal
Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational
landings do not exceed the recreational ACL in the following
fishing year. However, the length of the recreational season
will also not be reduced during the following fishing year if
the RA determines, using the best scientific information
172
available, that a reduction in the length of the following
fishing season is unnecessary.
(m) Bar jack--(1) Commercial sector--(i) If commercial
landings for bar jack, as estimated by the SRD, reach or are
projected to reach the commercial ACL of 13,228 lb (6,000 kg),
round weight, the AA will file a notification with the Office of
the Federal Register to close the commercial sector for the
remainder of the fishing year. On and after the effective date
of such a notification, all sale or purchase of bar jack is
prohibited and harvest or possession of this species in or from
the South Atlantic EEZ is limited to the bag and possession
limit. This bag and possession limit applies in the South
Atlantic on board a vessel for which a valid Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(ii) If commercial landings exceed the ACL, and bar jack is
overfished, based on the most recent Status of U.S. Fisheries
Report to Congress, the AA will file a notification with the
Office of the Federal Register, at or near the beginning of the
following fishing year to reduce the ACL for that following year
by the amount of the overage in the prior fishing year.
(2) Recreational sector. If recreational landings for bar
jack, as estimated by the SRD, exceed the recreational ACL of
49,021 lb (22,236 kg), round weight, then during the following
fishing year, recreational landings will be monitored for a
persistence in increased landings and, if necessary, the AA will
file a notification with the Office of the Federal Register, to
reduce the length of the following recreational fishing season
by the amount necessary to ensure recreational landings do not
exceed the recreational ACL in the following fishing year.
However, the length of the recreational season will also not be
reduced during the following fishing year if the RA determines,
using the best scientific information available, that a
reduction in the length of the following fishing season is
unnecessary.
(n) Yellowtail snapper--(1) Commercial sector--(i) If
commercial landings for yellowtail snapper, as estimated by the
SRD, reach or are projected to reach the commercial ACL of
1,596,510 lb (724,165 kg), round weight, the AA will file a
notification with the Office of the Federal Register to close
the commercial sector for the remainder of the fishing year. On
and after the effective date of such a notification, all sale or
purchase of yellowtail snapper is prohibited and harvest or
possession of this species in or from the South Atlantic EEZ is
limited to the bag and possession limit. This bag and possession
limit applies in the South Atlantic on board a vessel for which
173
a valid Federal charter vessel/headboat permit for South
Atlantic snapper-grouper has been issued, without regard to
where such species were harvested, i.e., in state or Federal
waters.
(ii) If commercial landings exceed the ACL, and yellowtail
snapper is overfished, based on the most recent Status of U.S.
Fisheries Report to Congress, the AA will file a notification
with the Office of the Federal Register, at or near the
beginning of the following fishing year to reduce the ACL for
that following year by the amount of the overage in the prior
fishing year.
(2) Recreational sector. If recreational landings for
yellowtail snapper, as estimated by the SRD, exceed the
recreational ACL of 1,440,990 lb (653,622 kg), round weight,
then during the following fishing year, recreational landings
will be monitored for a persistence in increased landings and,
if necessary, the AA will file a notification with the Office of
the Federal Register, to reduce the length of the following
recreational fishing season by the amount necessary to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. However, the length of the recreational
season will also not be reduced during the following fishing
year if the RA determines, using the best scientific information
available, that a reduction in the length of the following
fishing season is unnecessary.
(o) Mutton snapper--(1) Commercial sector. (i) If
commercial landings for mutton snapper, as estimated by the SRD,
reach or are projected to reach the commercial ACL of 157,743 lb
(71,551 kg), round weight, the AA will file a notification with
the Office of the Federal Register to close the commercial
sector for the remainder of the fishing year. On and after the
effective date of such a notification, all sale or purchase of
mutton snapper is prohibited and harvest or possession of this
species in or from the South Atlantic EEZ is limited to the bag
and possession limit. This bag and possession limit applies in
the South Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such
species were harvested, i.e., in state or Federal waters.
(ii) If commercial landings exceed the ACL, and mutton
snapper are overfished, based on the most recent Status of U.S.
Fisheries Report to Congress, the AA will file a notification
with the Office of the Federal Register, at or near the
beginning of the following fishing year to reduce the ACL for
that following year by the amount of the overage in the prior
fishing year.
(2) Recreational sector. If recreational landings for
174
mutton snapper, as estimated by the SRD, exceed the recreational
ACL of 768,857 lb (348,748 kg), round weight, then during the
following fishing year, recreational landings will be monitored
for a persistence in increased landings and, if necessary, the
AA will file a notification with the Office of the Federal
Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational
landings do not exceed the recreational ACL in the following
fishing year. However, the length of the recreational season
will also not be reduced during the following fishing year if
the RA determines, using the best scientific information
available, that a reduction in the length of the following
fishing season is unnecessary.
(p) Other snappers complex (including cubera snapper, gray
snapper, lane snapper, dog snapper, and mahogany snapper)--(1)
Commercial sector--(i) If commercial landings combined for this
other snappers complex, as estimated by the SRD, reach or are
projected to reach the complex commercial ACL of 344,884 lb
(156,437 kg), round weight, the AA will file a notification with
the Office of the Federal Register to close the commercial
sector for this complex for the remainder of the fishing year.
On and after the effective date of such a notification, all sale
or purchase of the snappers in this complex is prohibited, and
harvest or possession of these species in or from the South
Atlantic EEZ is limited to the bag and possession limit. This
bag and possession limit applies in the South Atlantic on board
a vessel for which a valid Federal commercial or charter
vessel/headboat permit for South Atlantic snapper-grouper has
been issued, without regard to where such species were
harvested, i.e., in state or Federal waters.
(ii) If the combined commercial landings for this complex
exceed the ACL, and at least one of the species in the other
snappers complex is overfished, based on the most recent Status
of U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register, at or near
the beginning of the following fishing year to reduce the ACL
for that following year by the amount of the overage in the
prior fishing year.
(2) Recreational sector. If the combined recreational
landings for this other snappers complex, as estimated by the
SRD, exceed the recreational ACL of 1,172,832 lb (531,988 kg),
round weight, then during the following fishing year,
recreational landings will be monitored for a persistence in
increased landings and, if necessary, the AA will file a
notification with the Office of the Federal Register, to reduce
the length of the following recreational fishing season by the
amount necessary to ensure recreational landings do not exceed
175
the recreational ACL for this complex in the following fishing
year. However, the length of the recreational season will also
not be reduced during the following fishing year if the RA
determines, using the best scientific information available,
that a reduction in the length of the following fishing season
is unnecessary.
(q) Gray triggerfish--(1) Commercial sector--(i) If
commercial landings for gray triggerfish, as estimated by the
SRD, reach or are projected to reach the applicable commercial
ACL (commercial quota) specified in § 622.190(a)(8)(i) or (ii),
the AA will file a notification with the Office of the Federal
Register to close the commercial sector for that portion of the
fishing year applicable to the respective quota. On and after
the effective date of such a notification, all sale or purchase
of gray triggerfish is prohibited and harvest or possession of
this species in or from the South Atlantic EEZ is limited to the
bag and possession limit. This bag and possession limit applies
in the South Atlantic on board a vessel for which a valid
Federal commercial or charter vessel/headboat permit for South
Atlantic snapper-grouper has been issued, without regard to
where such species were harvested, i.e., in state or Federal
waters.
(ii) If commercial landings exceed the ACL, and gray
triggerfish are overfished, based on the most recent Status of
U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register, at or near
the beginning of the following fishing year to reduce the ACL
for that following year by the amount of the overage in the
prior fishing year.
(2) Recreational sector. If recreational landings for gray
triggerfish, as estimated by the SRD, exceed the recreational
ACL of 404,675 lb (183,557 kg), round weight, then during the
following fishing year, recreational landings will be monitored
for a persistence in increased landings and, if necessary, the
AA will file a notification with the Office of the Federal
Register, to reduce the length of the following recreational
fishing season by the amount necessary to ensure recreational
landings do not exceed the recreational ACL in the following
fishing year. However, the length of the recreational season
will also not be reduced during the following fishing year if
the RA determines, using the best scientific information
available, that a reduction in the length of the following
fishing season is unnecessary.
(r) Wreckfish--(1) Commercial sector. The ITQ program for
wreckfish in the South Atlantic serves as the accountability
measure for commercial wreckfish. The commercial ACL for
wreckfish is equal to the applicable commercial quota specified
176
in § 622.190(b).
(2) Recreational sector. (i) If recreational landings for
wreckfish, as estimated by the SRD, exceed the recreational ACL
specified in paragraph (r)(2)(ii) of this section, then during
the following fishing year, recreational landings will be
monitored for a persistence in increased landings and, if
necessary, the AA will file a notification with the Office of
the Federal Register, to reduce the length of the following
recreational fishing season by the amount necessary to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. However, the length of the recreational
season will also not be reduced during the following fishing
year if the RA determines, using the best scientific information
available, that a reduction in the length of the following
fishing season is unnecessary.
(ii) The recreational ACL for wreckfish is 21,650 (9,820
kg), round weight, for 2015; 21,185 lb (9,609 kg), round weight,
for 2016; 20,710 lb (9,394 kg), round weight, for 2017; 20,315
lb (9,215 kg), round weight, for 2018; 19,840 lb (8,999 kg),
round weight, for 2019; and 19,455 lb (8,825 kg), round weight,
for 2020 and subsequent fishing years.
(s) [Reserved]
(t) Atlantic spadefish--(1) Commercial sector. (i) If
commercial landings for Atlantic spadefish, as estimated by the
SRD, reach or are projected to reach the commercial ACL of
150,552 lb (68,289 kg), round weight, the AA will file a
notification with the Office of the Federal Register to close
the commercial sector for the remainder of the fishing year. On
and after the effective date of such a notification, all sale or
purchase of Atlantic spadefish is prohibited and harvest or
possession of this species in or from the South Atlantic EEZ is
limited to the bag and possession limit. This bag and possession
limit applies in the South Atlantic on board a vessel for which
a valid Federal commercial or charter vessel/headboat permit for
South Atlantic snapper-grouper has been issued, without regard
to where such species were harvested, i.e., in state or Federal
waters.
(ii) If commercial landings exceed the ACL, and Atlantic
spadefish are overfished, based on the most recent Status of
U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register, at or near
the beginning of the following fishing year to reduce the ACL
for that following year by the amount of the overage in the
prior fishing year.
(2) Recreational sector. If recreational landings for
Atlantic spadefish, as estimated by the SRD, exceed the
recreational ACL of 661,926 lb (300,245 kg), round weight, then
177
during the following fishing year, recreational landings will be
monitored for a persistence in increased landings and, if
necessary, the AA will file a notification with the Office of
the Federal Register, to reduce the length of the following
recreational fishing season by the amount necessary to ensure
recreational landings do not exceed the recreational ACL in the
following fishing year. However, the length of the recreational
season will also not be reduced during the following fishing
year if the RA determines, using the best scientific information
available, that a reduction in the length of the following
fishing season is unnecessary.
(u) Hogfish--(1) Commercial sector. (i) If commercial
landings for hogfish, as estimated by the SRD, reach or are
projected to reach the commercial ACL of 49,469 lb (22,439 kg),
round weight, the AA will file a notification with the Office of
the Federal Register to close the commercial sector for the
remainder of the fishing year. On and after the effective date
of such a notification, all sale or purchase of hogfish is
prohibited and harvest or possession of this species in or from
the South Atlantic EEZ is limited to the bag and possession
limit. This bag and possession limit applies in the South
Atlantic on board a vessel for which a valid Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(ii) If commercial landings exceed the ACL, and hogfish are
overfished, based on the most recent Status of U.S. Fisheries
Report to Congress, the AA will file a notification with the
Office of the Federal Register, at or near the beginning of the
following fishing year to reduce the ACL for that following year
by the amount of the overage in the prior fishing year.
(2) Recreational sector. If recreational landings for
hogfish, as estimated by the SRD, exceed the recreational ACL of
85,355 lb (38,716 kg), round weight, then during the following
fishing year, recreational landings will be monitored for a
persistence in increased landings and, if necessary, the AA will
file a notification with the Office of the Federal Register, to
reduce the length of the following recreational fishing season
by the amount necessary to ensure recreational landings do not
exceed the recreational ACL in the following fishing year.
However, the length of the recreational season will also not be
reduced during the following fishing year if the RA determines,
using the best scientific information available, that a
reduction in the length of the following fishing season is
unnecessary.
(v) Red porgy--(1) Commercial sector. (i) If commercial
landings for red porgy, as estimated by the SRD, reach or are
178
projected to reach the applicable commercial ACL (commercial
quota) specified in § 622.190(a)(6), the AA will file a
notification with the Office of the Federal Register to close
the commercial sector for the remainder of the fishing year.
(ii) If commercial landings exceed the applicable
commercial ACL, and red porgy are overfished, based on the most
recent Status of U.S. Fisheries Report to Congress, the AA will
file a notification with the Office of the Federal Register, at
or near the beginning of the fishing year to reduce the ACL for
that following year by the amount of the overage in the prior
fishing year.
(2) Recreational sector. (i) If recreational landings for
red porgy, as estimated by the SRD, exceed the applicable
recreational ACL specified in paragraph (v)(2)(ii) of this
section then during the following fishing year, recreational
landings will be monitored for a persistence in increased
landings and, if necessary, the AA will file a notification with
the Office of the Federal Register, to reduce the length of the
following recreational fishing season by the amount necessary to
ensure recreational landings do not exceed the recreational ACL
in the following fishing year. However, the length of the
recreational fishing season will not be reduced during the
following fishing year if recreational landings do not exceed
the applicable ACL or if the RA determines, using the best
scientific information available, that a reduction in the length
of the following fishing season is unnecessary.
(ii) The recreational ACL for red porgy is 147,115 lb
(66,730 kg), gutted weight, 153,000 lb (69,400 kg), round
weight, for 2013; 148,558 lb (67,385 kg), gutted weight, 154,500
lb (70,080 kg), round weight, for 2014; 157,692 lb (71,528 kg),
gutted weight, 164,000 lb (74,389 kg), round weight, for 2015
and subsequent fishing years.
(w) Jolthead porgy, knobbed porgy, whitebone porgy, scup,
and saucereye porgy complex--(1) Commercial sector. (i) If
commercial landings for jolthead porgy, knobbed porgy, whitebone
porgy, scup, and saucereye porgy, combined, as estimated by the
SRD, reach or are projected to reach the commercial complex ACL
of 36,348 lb (16,487 kg), round weight, the AA will file a
notification with the Office of the Federal Register to close
the commercial sector for this complex for the remainder of the
fishing year. On and after the effective date of such a
notification, all sale or purchase of jolthead porgy, knobbed
porgy, whitebone porgy, scup, and saucereye porgy, is
prohibited, and harvest or possession of these species in or
from the South Atlantic EEZ is limited to the bag and possession
limit. This bag and possession limit applies in the South
Atlantic on board a vessel for which a valid Federal commercial
179
or charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such species
were harvested, i.e., in state or Federal waters.
(ii) If the combined commercial landings for this complex
exceed the ACL, and at least one of the species in the complex
is overfished, based on the most recent Status of U.S. Fisheries
Report to Congress, the AA will file a notification with the
Office of the Federal Register, at or near the beginning of the
following fishing year to reduce the ACL for that following year
by the amount of the overage in the prior fishing year.
(2) Recreational sector. If recreational landings for
jolthead porgy, knobbed porgy, whitebone porgy, scup, and
saucereye porgy, combined, as estimated by the SRD, exceed the
recreational ACL of 106,914 lb (48,495 kg), round weight, then
during the following fishing year, recreational landings will be
monitored for a persistence in increased landings and, if
necessary, the AA will file a notification with the Office of
the Federal Register, to reduce the length of the following
recreational fishing season for this complex by the amount
necessary to ensure recreational landings do not exceed the
recreational ACL in the following fishing year. However, the
length of the recreational season will also not be reduced
during the following fishing year if the RA determines, using
the best scientific information available, that a reduction in
the length of the following fishing season is unnecessary.
(x) Grunts complex (including white grunt, sailor's choice,
tomtate, and margate)--(1) Commercial sector. (i) If commercial
landings for the grunts complex, as estimated by the SRD, reach
or are projected to reach the commercial complex ACL of 217,903
lb (98,839 kg), round weight, the AA will file a notification
with the Office of the Federal Register to close the commercial
sector for this complex for the remainder of the fishing year.
On and after the effective date of such a notification, all sale
or purchase of the grunts complex, is prohibited, and harvest or
possession of these species in or from the South Atlantic EEZ is
limited to the bag and possession limits. These bag and
possession limits apply in the South Atlantic on board a vessel
for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued,
without regard to where such species were harvested, i.e., in
state or Federal waters.
(ii) If the combined commercial landings for the grunts
complex exceed the ACL, and at least one of the species in the
complex is overfished, based on the most recent Status of U.S.
Fisheries Report to Congress, the AA will file a notification
with the Office of the Federal Register, at or near the
beginning of the following fishing year to reduce the ACL for
180
that following year by the amount of the overage in the prior
fishing year.
(2) Recreational sector. If recreational landings for the
grunts complex, as estimated by the SRD, exceed the recreational
ACL of 618,122 lb (280,375 kg), round weight, then during the
following fishing year, recreational landings will be monitored
for a persistence in increased landings and, if necessary, the
AA will file a notification with the Office of the Federal
Register, to reduce the length of the following recreational
fishing season for the grunts complex by the amount necessary to
ensure recreational landings do not exceed the recreational ACL
in the following fishing year. However, the length of the
recreational season will not be reduced during the following
fishing year if the RA determines, using the best scientific
information available, that a reduction in the length of the
following fishing season is unnecessary.
(y) Red snapper--(1) Commercial sector. The commercial ACL
for red snapper is zero. However, if NMFS determines that the
previous year’s estimated red snapper landings and dead discards
are less than the ABC, limited red snapper harvest and
possession may be allowed for the current fishing year and the
commercial ACL value would be determined using the formula
described in the FMP. The AA will file a notification with the
Office of the Federal Register to announce the limited
commercial ACL for the current fishing year. NMFS will monitor
commercial landings during the limited season, and if commercial
landings, as estimated by the SRD, reach or are projected to
reach the commercial ACL, based on the formula described in the
FMP, the AA will file a notification with the Office of the
Federal Register to close the commercial sector for red snapper
for the remainder of the year. On and after the effective date
of the closure notification, all sale or purchase of red snapper
is prohibited and harvest or possession of red snapper is
limited to the bag and possession limits. This bag and
possession limit and the prohibition on sale/purchase apply in
the South Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such
species were harvested or possessed, i.e., in state or Federal
waters.
(2) Recreational sector. The recreational ACL for red
snapper is zero. However, if NMFS determines that the previous
year’s estimated red snapper landings and dead discards are less
than the ABC, limited red snapper harvest and possession may be
allowed for the current fishing year and the recreational ACL
value would be determined using the formula described in the
FMP. The AA will file a notification with the Office of the
181
Federal Register to announce the limited recreational ACL and
the length of the recreational fishing season for the current
fishing year. The length of the recreational fishing season for
red snapper serves as the in-season accountability measure. See
§ 622.183(b)(5) for details on the recreational fishing season.
On and after the effective date of the recreational closure
notification, the bag and possession limits for red snapper are
zero.
(z) Blueline tilefish--(1) Commercial sector. (i) If
commercial landings for blueline tilefish, as estimated by the
SRD, reach or are projected to reach the applicable ACL in
paragraph (z)(1)(iii) of this section, the AA will file a
notification with the Office of the Federal Register to close
the commercial sector for the remainder of the fishing year. On
and after the effective date of such a notification, all sale or
purchase of blueline tilefish is prohibited and harvest or
possession of this species in or from the South Atlantic EEZ is
limited to the bag and possession limits. These bag and
possession limits apply in the South Atlantic on board a vessel
for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued,
without regard to where such species were harvested, i.e., in
state or Federal waters.
(ii) If commercial landings exceed the ACL, and the
combined commercial and recreational ACL (total ACL) specified
in paragraph (z)(3) of this section is exceeded, and blueline
tilefish are overfished, based on the most recent Status of U.S.
Fisheries Report to Congress, the AA will file a notification
with the Office of the Federal Register, at or near the
beginning of the following fishing year to reduce the commercial
ACL for that following year by the amount of the commercial ACL
overage in the prior fishing year.
(iii) The applicable commercial ACLs, in round weight, are
17,841 lb (8,093 kg) for 2015, 26,766 lb (12,141 kg) for 2016,
35,785 lb (16,232 kg) for 2017, and 44,048 lb (19,980 kg) for
2018 and subsequent fishing years. The commercial ACL will not
increase automatically in a subsequent fishing year if landings
exceed or are projected to exceed the total ACL in the prior
fishing year, as specified in paragraph (z)(3) of this section.
(2) Recreational sector. (i) If recreational landings for
blueline tilefish, as estimated by the SRD, are projected to
reach the applicable ACL in paragraph (z)(2)(iii) of this
section, the AA will file a notification with the Office of the
Federal Register to close the recreational sector for the
remainder of the fishing year, unless the RA determines that no
closure is necessary based on the best scientific information
available. On and after the effective date of such a
182
notification, the bag and possession limits are zero.
(ii) If recreational landings for blueline tilefish, exceed
the applicable recreational ACL, and the combined commercial and
recreational ACL (total ACL) specified in paragraph (z)(3) of
this section, is exceeded, and blueline tilefish is overfished,
based on the most recent Status of U.S. Fisheries Report to
Congress, the AA will file a notification with the Office of the
Federal Register, to reduce the length of the recreational
fishing season in the following fishing year to ensure
recreational landings do not exceed the recreational ACL the
following fishing year. When NMFS reduces the length of the
following recreational fishing season and closes the
recreational sector, the following closure provisions apply: the
bag and possession limits for blueline tilefish in or from the
South Atlantic EEZ are zero. Additionally, the recreational ACL
will be reduced by the amount of the recreational ACL overage in
the prior fishing year. The fishing season and recreational ACL
will not be reduced if the RA determines, using the best
scientific information available that no reduction is necessary
(iii) The applicable recreational ACLs, in round weight,
are 17,791 lb (8,070 kg) for 2015, 26,691 lb (12,107 kg) for
2016, 35,685 lb (16,186 kg) for 2017, and 43,925 lb (19,924 kg)
for 2018 and subsequent fishing years. The recreational ACL will
not increase automatically in a subsequent fishing year if
landings exceed or are projected to exceed the total ACL in the
prior fishing year, as specified in paragraph (z)(3) of this
section.
(3) Without regard to overfished status, if the combined
commercial and recreational ACL (total ACL), as estimated by the
SRD, is exceeded in a fishing year, then during the following
fishing year, an automatic increase will not be applied to the
commercial and recreational ACLs. The RA will evaluate the
landings data, using the best scientific information available,
to determine whether or not an increase in the commercial and
recreational ACLs will be applied. The applicable combined
commercial and recreational sector ACLs (total ACLs), in round
weight are 35,632 lb (16,162 kg) for 2015, 53,457 lb (24,248 kg)
for 2016, 71,469 lb (32,418 kg) for 2017, and 87,974 lb (39,904
kg) for 2018 and subsequent fishing years.
§ 622.194 Adjustment of management measures.
In accordance with the framework procedures of the FMP for
the Snapper-Grouper Fishery of the South Atlantic Region, the RA
may establish or modify the following items specified in
paragraph (a) of this section for South Atlantic snapper-grouper
and wreckfish.
183
(a) Biomass levels, age-structured analyses, target dates
for rebuilding overfished species, MSY (or proxy), OY, ABC, TAC,
quotas (including a quota of zero), annual catch limits (ACLs),
annual catch targets (ACTs), AMs, maximum fishing mortality
threshold (MFMT), minimum stock size threshold (MSST), trip
limits, bag limits, size limits, gear restrictions (ranging from
regulation to complete prohibition), seasonal or area closures,
fishing year, rebuilding plans, definitions of essential fish
habitat, essential fish habitat, essential fish habitat HAPCs or
Coral HAPCs, and restrictions on gear and fishing activities
applicable in essential fish habitat and essential fish habitat
HAPCs.
(b) [Reserved]
Return to Table of Contents
Subpart J--Shrimp Fishery of the South Atlantic Region
§ 622.200 Permits.
(a) Commercial vessel permits--(1) South Atlantic penaeid
shrimp. For a person aboard a trawler to fish for penaeid shrimp
in the South Atlantic EEZ or possess penaeid shrimp in or from
the South Atlantic EEZ, a valid commercial vessel permit for
South Atlantic penaeid shrimp must have been issued to the
vessel and must be on board.
(2) South Atlantic rock shrimp. (i) For a person aboard a
vessel to fish for rock shrimp in the South Atlantic EEZ off
North Carolina or off South Carolina or possess rock shrimp in
or from the South Atlantic EEZ off those states, a Commercial
Vessel Permit for Rock Shrimp (Carolinas Zone) or a Commercial
Vessel Permit for Rock Shrimp (South Atlantic EEZ) must be
issued to the vessel and must be on board.
(ii) For a person aboard a vessel to fish for rock shrimp
in the South Atlantic EEZ off Georgia or off Florida or possess
rock shrimp in or from the South Atlantic EEZ off those states,
a Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ)
must be issued to the vessel and must be on board. A Commercial
Vessel Permit for Rock Shrimp (South Atlantic EEZ) is a limited
access permit. See § 622.201 for limitations on the issuance,
transfer, or renewal of a Commercial Vessel Permit for Rock
Shrimp (South Atlantic EEZ).
(b) Operator permits. (1) An operator of a vessel that has
or is required to have a Commercial Vessel Permit for Rock
Shrimp (Carolinas Zone) or a Commercial Vessel Permit for Rock
Shrimp (South Atlantic EEZ) issued under this section is
required to have an operator permit.
184
(2) A person required to have an operator permit under
paragraph (b)(1) of this section must carry on board such permit
and one other form of personal identification that includes a
picture (driver's license, passport, etc.).
(3) An owner of a vessel that is required to have a
permitted operator under paragraph (b)(1) of this section must
ensure that at least one person with a valid operator permit is
aboard while the vessel is at sea or offloading.
(4) An owner of a vessel that is required to have a
permitted operator under paragraph (b)(1) of this section and
the operator of such vessel are responsible for ensuring that a
person whose operator permit is suspended, revoked, or modified
pursuant to subpart D of 15 CFR part 904 is not aboard that
vessel.
(c) Dealer permits and conditions--(1) Permits. For a
dealer to first receive South Atlantic rock shrimp harvested in
or from the EEZ, a Gulf and South Atlantic dealer permit must be
issued to the dealer.
(2) State license and facility requirements. To obtain a
dealer permit, the applicant must have a valid state
wholesaler's license in the state(s) where the dealer operates,
if required by such state(s), and must have a physical facility
at a fixed location in such state(s).
(d) Permit procedures. See § 622.4 for information
regarding general permit procedures including, but not limited
to application, fees, duration, transfer, renewal, display,
sanctions and denials, and replacement.
§ 622.201 South Atlantic rock shrimp limited access.
(a) Commercial Vessel Permits for Rock Shrimp (South
Atlantic EEZ). For a person aboard a vessel to fish for rock
shrimp in the South Atlantic EEZ off Georgia or off Florida or
possess rock shrimp in or from the South Atlantic EEZ off those
states, a Commercial Permit for Rock Shrimp (South Atlantic EEZ)
must be issued to the vessel and must be on board. No
applications for additional Commercial Vessel Permits for Rock
Shrimp (South Atlantic EEZ) will be accepted.
(b) Transfer of an existing permit. A Commercial Vessel
Permit for Rock Shrimp (South Atlantic EEZ) is valid only for
the vessel and owner named on the permit. To change either the
vessel or the owner, a complete application for transfer must be
submitted to the RA. An owner of a vessel with a permit may
request that the RA transfer a valid permit to another vessel
owned by the same entity, to the same vessel owned by another
entity, or to another vessel with another owner. A transfer of a
permit under this paragraph will include the transfer of the
185
vessel's entire catch history of South Atlantic rock shrimp to a
new owner; no partial transfers are allowed.
(c) Renewal. The RA will not reissue a Commercial Vessel
Permit for Rock Shrimp (South Atlantic EEZ) if the permit is
revoked or if the RA does not receive an application for renewal
of the permit within 1 year after the expiration date of the
permit.
(d) Limitation on permits. A vessel for which a permit for
South Atlantic rock shrimp is required may be issued either a
Commercial Vessel Permit for Rock Shrimp (Carolinas Zone) or a
Commercial Vessel Permit for Rock Shrimp (South Atlantic EEZ),
depending on its eligibility. However, no such vessel may be
issued both permits for the same period of effectiveness.
§ 622.202 [Reserved]
§ 622.203 Recordkeeping and reporting.
(a) Commercial vessel owners and operators--(1) Reporting
requirement. The owner or operator of a vessel that fishes for
shrimp in the South Atlantic EEZ or in adjoining state waters,
or that lands shrimp in an adjoining state, must provide
information for any fishing trip, as requested by the SRD,
including, but not limited to, vessel identification, gear,
effort, amount of shrimp caught by species, shrimp condition
(heads on/heads off), fishing areas and depths, and person to
whom sold.
(2) Reporting deadline. Completed fishing records required
by paragraphs (a)(1) of this section must be submitted to the
SRD postmarked not later than 7 days after the end of each
fishing trip. If no fishing occurred during a calendar month, a
report so stating must be submitted on one of the forms
postmarked not later than 7 days after the end of that month.
Information to be reported is indicated on the form and its
accompanying instructions.
(b) South Atlantic rock shrimp dealers. (1) A dealer who
first receives South Atlantic rock shrimp must maintain records
and submit information as specified in § 622.5(c).
(2) On demand, a dealer who has been issued a Gulf and
South Atlantic dealer permit, as required under § 622.200(c)(1),
must make available to an authorized officer all records of
offloadings, purchases, or sales of rock shrimp.
§ 622.204 At-sea observer coverage.
(a) Required coverage. A vessel for which a Federal
186
commercial permit for South Atlantic rock shrimp or South
Atlantic penaeid shrimp has been issued must carry a NMFS-
approved observer, if the vessel's trip is selected by the SRD
for observer coverage.
(b) Notification to the SRD. When observer coverage is
required, an owner or operator must advise the SRD in writing
not less than 5 days in advance of each trip of the following:
(1) Departure information (port, dock, date, and time).
(2) Expected landing information (port, dock, and date).
(c) Observer accommodations and access. An owner or
operator of a vessel on which a NMFS-approved observer is
embarked must:
(1) Provide accommodations and food that are equivalent to
those provided to the crew.
(2) Allow the observer access to and use of the vessel's
communications equipment and personnel upon request for the
transmission and receipt of messages related to the observer's
duties.
(3) Allow the observer access to and use of the vessel's
navigation equipment and personnel upon request to determine the
vessel's position.
(4) Allow the observer free and unobstructed access to the
vessel's bridge, working decks, holding bins, weight scales,
holds, and any other space used to hold, process, weigh, or
store fish.
(5) Allow the observer to inspect and copy the vessel's
log, communications logs, and any records associated with the
catch and distribution of fish for that trip.
§ 622.205 Vessel monitoring systems (VMSs).
(a) VMS requirement for South Atlantic rock shrimp. An
owner or operator of a vessel that has been issued a limited
access endorsement for South Atlantic rock shrimp (until January
27, 2010) or a Commercial Vessel Permit for Rock Shrimp (South
Atlantic EEZ) must ensure that such vessel has an operating VMS
approved by NMFS for use in the South Atlantic rock shrimp
fishery on board when on a trip in the South Atlantic. An
operating VMS includes an operating mobile transmitting unit on
the vessel and a functioning communication link between the unit
and NMFS as provided by a NMFS-approved communication service
provider.
(b) Installation and activation of a VMS. Only a VMS that
has been approved by NMFS for the South Atlantic rock shrimp
fishery may be used, and the VMS must be installed by a
qualified marine electrician. When installing and activating the
NMFS-approved VMS, or when reinstalling and reactivating such
187
VMS, the vessel owner or operator must--
(1) Follow procedures indicated on a NMFS-approved
installation and activation checklist for the applicable
fishery, which is available from NMFS Office for Law
Enforcement, Southeast Region, 263 13th Avenue South, St.
Petersburg, FL 33701; phone: 800-758-4833; and
(2) Submit to NMFS Office for Law Enforcement, Southeast
Region, 263 13th Avenue South, St. Petersburg, FL 33701, a
statement certifying compliance with the checklist, as
prescribed on the checklist.
(3) Submit to NMFS Office for Law Enforcement, Southeast
Region, 263 13th Avenue South, St. Petersburg, FL 33701, a
vendor-completed installation certification checklist, which is
available from NMFS Office for Law Enforcement, Southeast
Region, 263 13th Avenue South, St. Petersburg, FL 33701; phone:
800-758-4833.
(c) Interference with the VMS. No person may interfere
with, tamper with, alter, damage, disable, or impede the
operation of the VMS, or attempt any of the same.
(d) Interruption of operation of the VMS. When a vessel’s
VMS is not operating properly, the owner or operator must
immediately contact NMFS Office for Law Enforcement, Southeast
Region, 263 13th Avenue South, St. Petersburg, FL 33701, phone:
800-758-4833, and follow instructions from that office. If
notified by NMFS that a vessel’s VMS is not operating properly,
the owner and operator must follow instructions from that
office. In either event, such instructions may include, but are
not limited to, manually communicating to a location designated
by NMFS the vessel's positions or returning to port until the
VMS is operable.
(e) Access to position data. As a condition of authorized
fishing for or possession of fish in a fishery subject to VMS
requirements in this section, a vessel owner or operator subject
to the requirements for a VMS in this section must allow NMFS,
the USCG, and their authorized officers and designees access to
the vessel's position data obtained from the VMS.
§ 622.206 Area and seasonal closures.
(a) South Atlantic shrimp cold weather closure. (1)
Pursuant to the procedures and criteria established in the FMP
for the Shrimp Fishery of the South Atlantic Region, when
Florida, Georgia, North Carolina, or South Carolina closes all
or a portion of its waters of the South Atlantic to the harvest
of brown, pink, and white shrimp, the Assistant Administrator
may concurrently close the South Atlantic EEZ adjacent to the
closed state waters by filing a notification of closure with the
188
Office of the Federal Register. Closure of the adjacent EEZ will
be effective until the ending date of the closure in state
waters, but may be ended earlier based on the state's request.
In the latter case, the Assistant Administrator will terminate a
closure of the EEZ by filing a notification to that effect with
the Office of the Federal Register.
(2) During a closure, as specified in paragraph (a)(1) of
this section--
(i) No person may trawl for brown shrimp, pink shrimp, or
white shrimp in the closed portion of the EEZ (closed area); and
no person may possess on board a fishing vessel brown shrimp,
pink shrimp, or white shrimp in or from a closed area, except as
authorized in paragraph (a)(2)(iii) of this section.
(ii) No person aboard a vessel trawling in that part of a
closed area that is within 25 nm of the baseline from which the
territorial sea is measured may use or have on board a trawl net
with a mesh size less than 4 inches (10.2 cm), as measured
between the centers of opposite knots when pulled taut.
(iii) Brown shrimp, pink shrimp, or white shrimp may be
possessed on board a fishing vessel in a closed area, provided
the vessel is in transit and all trawl nets with a mesh size
less than 4 inches (10.2 cm), as measured between the centers of
opposite knots when pulled taut, are stowed below deck while
transiting the closed area. For the purpose of this paragraph, a
vessel is in transit when it is on a direct and continuous
course through a closed area.
(b) [Reserved]
§ 622.207 Bycatch Reduction Device (BRD) requirements.
(a) BRD requirement for South Atlantic shrimp. On a shrimp
trawler in the South Atlantic EEZ, each net that is rigged for
fishing must have a BRD installed that is listed in paragraph
(a)(3) of this section and is certified or provisionally
certified for the area in which the shrimp trawler is located,
unless exempted as specified in paragraphs (a)(1)(i) through
(iii) of this section. A trawl net is rigged for fishing if it
is in the water, or if it is shackled, tied, or otherwise
connected to a sled, door, or other device that spreads the net,
or to a tow rope, cable, pole, or extension, either on board or
attached to a shrimp trawler.
(1) Exemptions from BRD requirement–-(i) Try net exemption.
A shrimp trawler is exempt from the requirement to have a
certified or provisionally certified BRD installed in a single
try net with a headrope length of 16 ft (4.9 m) or less provided
the single try net is either placed immediately in front of
another net or is not connected to another net.
189
(ii) Roller trawl exemption. A shrimp trawler is exempt
from the requirement to have a certified or provisionally
certified BRD installed in up to two rigid-frame roller trawls
that are 16 ft (4.9 m) or less in length used or possessed on
board. A rigid-frame roller trawl is a trawl that has a mouth
formed by a rigid frame and a grid of rigid vertical bars; has
rollers on the lower horizontal part of the frame to allow the
trawl to roll over the bottom and any obstruction while being
towed; and has no doors, boards, or similar devices attached to
keep the mouth of the trawl open.
(iii) BRD certification testing exemption. A shrimp trawler
that is authorized by the RA to participate in the pre-
certification testing phase or to test a BRD in the EEZ for
possible certification, has such written authorization on board,
and is conducting such test in accordance with the “Bycatch
Reduction Device Testing Manual” is granted a limited exemption
from the BRD requirement specified in this section. The
exemption from the BRD requirement is limited to those trawls
that are being used in the certification trials. All other
trawls rigged for fishing must be equipped with certified or
provisionally certified BRDs.
(2) Procedures for certification and decertification of
BRDs. The process for the certification of BRDs consists of two
phases--an optional pre-certification phase and a required
certification phase. The RA may also provisionally certify a
BRD.
(i) Pre-certification. The pre-certification phase allows a
person to test and evaluate a new BRD design for up to 60 days
without being subject to the observer requirements and rigorous
testing requirements specified for certification testing in the
“Bycatch Reduction Device Testing Manual.”
(A) A person who wants to conduct pre-certification phase
testing must submit an application to the RA, as specified in
the “Bycatch Reduction Device Testing Manual.” The “Bycatch
Reduction Device Testing Manual”, which is available from the
RA, upon request, contains the application forms.
(B) After reviewing the application, the RA will determine
whether to issue a letter of authorization (LOA) to conduct pre-
certification trials upon the vessel specified in the
application. If the RA authorizes pre-certification, the RA's
LOA must be on board the vessel during any trip involving the
BRD testing.
(ii) Certification. A person who proposes a BRD for
certification for use in the South Atlantic EEZ must submit an
application to test such BRD, conduct the testing, and submit
the results of the test in accordance with the “Bycatch
Reduction Device Testing Manual.” The RA will issue a LOA to
190
conduct certification trials upon the vessel specified in the
application if the RA finds that: The operation plan submitted
with the application meets the requirements of the “Bycatch
Reduction Device Testing Manual”; the observer identified in the
application is qualified; and the results of any pre-
certification trials conducted have been reviewed and deemed to
indicate a reasonable scientific basis for conducting
certification testing. If authorization to conduct certification
trials is denied, the RA will provide a letter of explanation to
the applicant, together with relevant recommendations to address
the deficiencies resulting in the denial. To be certified for
use in the fishery, the BRD candidate must successfully
demonstrate a 30-percent reduction in total weight of finfish
bycatch. In addition, the BRD candidate must satisfy the
following conditions: There is at least a 50-percent probability
the true reduction rate of the BRD candidate meets the bycatch
reduction criterion and there is no more than a 10-percent
probability the true reduction rate of the BRD candidate is more
than 5 percentage points less than the bycatch reduction
criterion. If a BRD meets both conditions, consistent with the
“Bycatch Reduction Device Testing Manual”, NMFS, through
appropriate rulemaking procedures, will add the BRD to the list
of certified BRDs in paragraph (a)(3) of this section; and
provide the specifications for the newly certified BRD,
including any special conditions deemed appropriate based on the
certification testing results.
(iii) Provisional certification. Based on data provided
consistent with the “Bycatch Reduction Device Testing Manual”,
the RA may provisionally certify a BRD if there is at least a
50-percent probability the true reduction rate of the BRD is no
more than 5 percentage points less than the bycatch reduction
criterion, i.e., 25 percent reduction in total weight of finfish
bycatch. Through appropriate rulemaking procedures, NMFS will
add the BRD to the list of provisionally certified BRDs in
paragraph (a)(3) of this section; and provide the specifications
for the BRD, including any special conditions deemed appropriate
based on the certification testing results. A provisional
certification is effective for 2 years from the date of
publication of the notification in the Federal Register
announcing the provisional certification.
(iv) Decertification. The RA will decertify a BRD if NMFS
determines the BRD does not meet the requirements for
certification or provisional certification. Before determining
whether to decertify a BRD, the RA will notify the South
Atlantic Fishery Management Council in writing, and the public
will be provided an opportunity to comment on the advisability
of any proposed decertification. The RA will consider any
191
comments from the Council and public, and if the RA elects to
decertify the BRD, the RA will proceed with decertification via
appropriate rulemaking.
(3) Certified and provisionally certified BRDs--(i)
Certified BRDS. The following BRDs are certified for use in the
South Atlantic EEZ. Specifications of these certified BRDs are
contained in Appendix D to this part.
(A) Fisheye–-see Appendix D to part 622 for separate
specifications in the Gulf and South Atlantic EEZ.
(B) Gulf fisheye.
(C) Jones-Davis.
(D) Modified Jones-Davis.
(E) Expanded mesh.
(F) Extended funnel.
(G) Cone Fish Deflector Composite Panel.
(H) Square Mesh Panel (SMP) Composite Panel.
(ii) [Reserved]
(b) [Reserved]
§ 622.208 Minimum mesh size applicable to rock shrimp off
Georgia and Florida.
(a) The minimum mesh size for the cod end of a rock shrimp
trawl net in the South Atlantic EEZ off Georgia and Florida is 1
7/8 inches (4.8 cm), stretched mesh. This minimum mesh size is
required in at least the last 40 meshes forward of the cod end
drawstring (tie-off rings), and smaller-mesh bag liners are not
allowed. A vessel that has a trawl net on board that does not
meet these requirements may not possess a rock shrimp in or from
the South Atlantic EEZ off Georgia and Florida.
(b) [Reserved]
§ 622.209 Restrictions on sale/purchase.
(a) South Atlantic rock shrimp. (1) Rock shrimp harvested
in the South Atlantic EEZ on board a vessel that does not have a
valid commercial permit for rock shrimp, as required under §
622.200(a)(2), may not be transferred, received, sold, or
purchased.
(2) Rock shrimp harvested in or from the EEZ or adjoining
state waters by a vessel that has a valid commercial vessel
permit for South Atlantic rock shrimp may be sold or transferred
only to a dealer who has a valid Gulf and South Atlantic dealer
permit, as required under § 622.200(c)(1).
(3) Rock shrimp harvested in or from the EEZ may be first
received by a dealer who has a valid Gulf and South Atlantic
dealer permit, as required under § 622.200(c)(1), only from a
192
vessel that has a valid commercial vessel permit for rock
shrimp.
(b) [Reserved]
§ 622.210 Adjustment of management measures.
In accordance with the framework procedures of the FMP for
the Shrimp Fishery of the South Atlantic Region, the RA may
establish or modify the items specified in paragraph (a) of this
section for South Atlantic shrimp.
(a) Biomass levels, age-structured analyses, BRD
certification criteria, BRD specifications, BRD testing
protocol, certified BRDs, nets required to use BRDs, times and
locations when the use of BRDs is required, definitions of
essential fish habitat, and essential fish habitat HAPCs or
Coral HAPCs.
(b) [Reserved]
Return to Table of Contents
Subpart K--Coral, Coral Reefs, and Live/Hard Bottom Habitats of
the South Atlantic Region
§ 622.220 Permits.
See § 622.4 for information regarding general permit
procedures including, but not limited to fees, duration,
transfer, renewal, display, sanctions and denials, and
replacement.
(a) Required permits--(1) Allowable chemical. For an
individual to take or possess fish or other marine organisms
with an allowable chemical in a coral area, other than fish or
other marine organisms that are landed in Florida, a Federal
allowable chemical permit must have been issued to the
individual. Such permit must be available when the permitted
activity is being conducted and when such fish or other marine
organisms are possessed, through landing ashore.
(2) Allowable octocoral. For an individual to take or
possess allowable octocoral in the South Atlantic EEZ, other
than allowable octocoral that is landed in Florida, a Federal
allowable octocoral permit must have been issued to the
individual. Such permit must be available for inspection when
the permitted activity is being conducted and when allowable
octocoral is possessed, through landing ashore.
(3) Aquacultured live rock. For a person to take or possess
aquacultured live rock in the South Atlantic EEZ, a Federal
aquacultured live rock permit must have been issued for the
193
specific harvest site. Such permit, or a copy, must be on board
a vessel depositing or possessing material on an aquacultured
live rock site or harvesting or possessing live rock from an
aquacultured live rock site.
(4) Prohibited coral. A Federal permit may be issued to
take or possess South Atlantic prohibited coral only as
scientific research activity, exempted fishing, or exempted
educational activity. See § 600.745 of this chapter for the
procedures and limitations for such activities and fishing.
(5) Florida permits. Appropriate Florida permits and
endorsements are required for the following activities, without
regard to whether they involve activities in the EEZ or
Florida's waters:
(i) Landing in Florida fish or other marine organisms taken
with an allowable chemical in a coral area.
(ii) Landing allowable octocoral in Florida.
(iii) Landing live rock in Florida.
(b) Application. (1) The applicant for a coral permit must
be the individual who will be conducting the activity that
requires the permit. In the case of a corporation or partnership
that will be conducting live rock aquaculture activity, the
applicant must be the principal shareholder or a general
partner.
(2) An applicant must provide the following:
(i) Name, address, telephone number, and other identifying
information of the applicant.
(ii) Name and address of any affiliated company,
institution, or organization.
(iii) Information concerning vessels, harvesting
gear/methods, or fishing areas, as specified on the application
form.
(iv) Any other information that may be necessary for the
issuance or administration of the permit.
(v) If applying for an aquacultured live rock permit,
identification of each vessel that will be depositing material
on or harvesting aquacultured live rock from the proposed
aquacultured live rock site, specification of the port of
landing of aquacultured live rock, and a site evaluation report
prepared pursuant to generally accepted industry standards that-
-
(A) Provides accurate coordinates of the proposed
harvesting site so that it can be located using LORAN or Global
Positioning System equipment;
(B) Shows the site on a chart in sufficient detail to
determine its size and allow for site inspection;
(C) Discusses possible hazards to safe navigation or
hindrance to vessel traffic, traditional fishing operations, or
194
other public access that may result from aquacultured live rock
at the site;
(D) Describes the naturally occurring bottom habitat at the
site; and
(E) Specifies the type and origin of material to be
deposited on the site and how it will be distinguishable from
the naturally occurring substrate.
§ 622.221 Recordkeeping and reporting.
(a) Individuals with coral or live rock permits. (1) An
individual with a Federal allowable octocoral permit must submit
a report of harvest to the SRD. Specific reporting requirements
will be provided with the permit.
(2) A person with a Federal aquacultured live rock permit
must report to the RA each deposition of material on a site.
Such reports must be postmarked not later than 7 days after
deposition and must contain the following information:
(i) Permit number of site and date of deposit.
(ii) Geological origin of material deposited.
(iii) Amount of material deposited.
(iv) Source of material deposited, that is, where obtained,
if removed from another habitat, or from whom purchased.
(3) A person who takes aquacultured live rock must submit a
report of harvest to the RA. Specific reporting requirements
will be provided with the permit. This reporting requirement is
waived for aquacultured live rock that is landed in Florida.
(b) [Reserved]
§ 622.222 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases
all fisheries.
(a) Power-assisted tools. A power-assisted tool may not be
used in the South Atlantic EEZ to take allowable octocoral,
prohibited coral, or live rock.
(b) [Reserved]
§ 622.223 Prohibited species.
(a) General. The harvest and possession restrictions of
this section apply without regard to whether the species is
harvested by a vessel operating under a commercial vessel
permit. The operator of a vessel that fishes in the EEZ is
responsible for the limit applicable to that vessel.
(b) Prohibited coral. South Atlantic prohibited coral taken
195
as incidental catch in the South Atlantic EEZ must be returned
immediately to the sea in the general area of fishing. In
fisheries where the entire catch is landed unsorted, such as the
scallop and groundfish fisheries, unsorted prohibited coral may
be landed ashore; however, no person may sell or purchase such
prohibited coral.
(c) Wild live rock. Wild live rock may not be harvested or
possessed in the South Atlantic EEZ.
(d) Octocoral. Octocoral may not be harvested or possessed
in or from the portion of the South Atlantic EEZ managed under
the FMP. Octocoral collected in the portion of the South
Atlantic EEZ managed under the FMP must be released immediately
with a minimum of harm.
§ 622.224 Area closures to protect South Atlantic corals.
(a) Allowable octocoral closed area. No person may harvest
or possess allowable octocoral in the South Atlantic EEZ north
of 28°35.1' N. lat. (due east of the NASA Vehicle Assembly
Building, Cape Canaveral, FL).
(b) Oculina Bank--(1) HAPC. The Oculina Bank HAPC is
bounded by rhumb lines connecting, in order, the following
points:
Point
West long.
Origin
80°14'55.27"
1
80°15'48.24"
2
80°15'00.78"
3
80°15'51.66"
4
80°15'15.78"
5
80°12'17.22"
6
80°10'12"
7
80°08'53.64"
8
80°08'53.04"
9
80°07'07.44"
10
80°07'15.9"
11
80°05'58.74"
12
80°05'14.28"
196
13
80°05'24.6"
14
80°04'23.94"
15
80°03'57.3"
16
80°03'
17
80°03'
18
80°01'10.08"
19
80°00'
20
80°00'
21
79°54'0" -Point
corresponding with
intersection with
the 100-fathom
(183-m) contour, as
shown on the latest
edition of NOAA
chart 11460
Note: Line between point 21 and point 22 follows the 100-fathom
(183-m) contour, as shown on the latest edition of NOAA chart
11460
22
79°56'56"- Point
corresponding with
intersection with
the 100-fathom
(183-m) contour, as
shown on the latest
edition of NOAA
chart 11460
23
80°00'46.02"
24
80°03'28.5"
25
80°03'56.76"
26
80°04'48.84"
27
80°08'36.9"
28
80°10'06.9"
29
80°11'30.06"
197
30
80°12'38.88"
31
80°13'41.04"
Origin
80°14'55.27"
(i) In the Oculina Bank HAPC, no person may:
(A) Use a bottom longline, bottom trawl, dredge, pot, or
trap.
(B) If aboard a fishing vessel, anchor, use an anchor and
chain, or use a grapple and chain.
(C) Fish for or possess rock shrimp in or from the Oculina
Bank HAPC, except a shrimp vessel with a valid commercial vessel
permit for rock shrimp that possesses rock shrimp may transit
through the Oculina Bank HAPC if fishing gear is appropriately
stowed. For the purpose of this paragraph, transit means a
direct and non-stop continuous course through the area,
maintaining a minimum speed of five knots as determined by an
operating VMS and a VMS minimum ping rate of 1 ping per 5
minutes; fishing gear appropriately stowed means that doors and
nets are out of the water.
(ii) [Reserved]
(iii) Fish for rock shrimp or possess rock shrimp in or
from the area on board a fishing vessel.
(2) Experimental closed area. Within the Oculina Bank HAPC,
the experimental closed area is bounded on the north by 27°53'
N. lat., on the south by 27°30' N. lat., on the east by 79°56'
W. long., and on the west by 80°00' W. long. No person may fish
for South Atlantic snapper-grouper in the experimental closed
area, and no person may retain South Atlantic snapper-grouper in
or from the area. In the experimental closed area, any South
Atlantic snapper-grouper taken incidentally by hook-and-line
gear must be released immediately by cutting the line without
removing the fish from the water.
(c) Deepwater Coral HAPCs--(1) Locations. The following
areas are designated Deepwater Coral HAPCs:
(i) Cape Lookout Lophelia Banks is bounded by rhumb lines
connecting, in order, the following points:
Point
West long.
Origin
75°45'11"
1
75°58'44"
2
75°54'54"
3
75°41'25"
198
4
75°43'58"
5
75°41'45"
6
75°42'45"
Origin
75°45'11"
(ii) Cape Fear Lophelia Banks is bounded by rhumb lines
connecting, in order, the following points:
Point
West long.
Origin
76°29'32"
1
76°32'38"
2
76°26'19"
3
76°23'37"
Origin
76°29'32"
(iii) Stetson Reefs, Savannah and East Florida Lithoherms,
and Miami Terrace (Stetson-Miami Terrace) is bounded by--
(A) Rhumb lines connecting, in order, the following points:
Point
West long.
Origin
79°00'00"
1
79°00'00"
2
77°16'21"
3
77°16'21"
4
77°34'06"
5
77°37'54"
6
77°40'26"
7
77°44'10"
8
77°47'43"
9
77°52'05"
10
77°56'29"
11
77°57'50"
199
12
78°00'49"
13
78°04'35"
14
78°07'48"
15
78°10'41"
16
78°14'09"
17
78°15'25"
18
78°16'37"
19
78°18'09"
20
78°21'27"
21
78°24'07"
22
78°29'19"
23
78°30'48"
24
78°31'31"
25
78°32'47"
26
78°34'04"
27
78°34'36"
28
78°36'34"
29
78°39'07"
30
78°40'01"
31
78°40'18"
32
78°42'32"
33
78°43'23"
34
78°45'42"
35
78°49'08"
36
78°52'54"
37
78°56'11"
38
79°00'30"
200
39
79°02'49"
40
79°04'51"
41
79°06'48"
42
79°09'18"
43
79°11'29"
44
79°13'35"
45
79°16'08"
46
79°16'30"
47
79°16'25"
48
79°17'24"
49
79°18'27"
50
79°20'41"
51
79°22'26"
52
79°23'59"
53
79°25'29"
54
79°27'14"
55
79°28'24"
56
79°29'59"
57
79°29'52"
58
79°30'11"
59
79°31'41"
60
79°32'08"
61
79°32'48"
62
79°33'51"
63
79°34'41"
64
79°36'01"
65
79°37'12"
201
66
79°38'15"
67
79°38'36"
68
79°38'19"
70
79°38'39"
70
79°39'09"
71
79°40'21"
72
79°41'27"
73
79°42'09"
74
79°42'28"
75
79°42'40"
76
79°42'43"
77
79°42'43"
78
79°42'50"
79
79°43'28"
80
79°44'53"
81
79°46'24"
82
79°47'40"
83
79°48'16"
84
79°49'02"
85
79°49'55"
86
79°51'31"
87
79°52'23"
88
79°52'37.2"
89
80°05'00"
90
80°05'54.96"
91
80°07'41.22"
92
80°08'8.58"
202
93
80°09'22.56"
94
80°11'15.24"
95
80°12'19.62"
96
80°13'00"
97
80°09'30"
98
80°09'30"
99
80°06'00"
100
80°02'45.6"
101
80°04'11"
102
80°05'44"
103
80°06'24"
104
80°06'53"
105
80°07'18"
106
80°07'32"
107
80°07'18"
108
80°05'01"
109
80°04'29"
110
79°59'43"
111
79°59'07"
112
79°58'44"
113
79°57'37"
114
79°56'59"
115
79°55'32"
116
79°54'22"
117
79°53'31"
118
79°52'51"
119
79°52'07"
203
120
79°51'27"
121
79°51'20"
122
79°51'20"
123
79°51'10"
124
79°50'59"
125
79°50'36"
126
79°50'04"
127
79°50'07"
128
79°49'56"
129
79°49'58"
130
79°49'35"
131
79°49'24"
132
79°48'35"
133
79°46'20"
134
79°46'12"
135
79°45'45"
136
79°45'20"
137
79°44'51"
138
79°44'53"
139
79°44'25"
140
79°44'22"
141
79°44'33"
142
79°44'58"
143
79°45'29"
144
79°45'47"
145
79°45'54"
146
79°45'57"
204
147
79°45'14"
148
79°45'12"
149
79°45'00"
150
79°46'07"
151
79°46'29"
152
79°46'39"
153
79°46'28"
154
79°46'32"
155
79°46'54"
156
79°46'56"
157
79°47'09"
158
79°47'09"
159
79°48'01"
160
79°48'21"
161
79°49'09"
162
79°49'30"
163
79°50'03"
164
79°50'20"
165
79°50'17"
166
79°54'06"
167
79°54'48"
168
79°55'37"
169
79°57'05"
170
79°58'45"
171
80°00'22"
172
80°00'33"
173
80°01'02"
205
174
80°01'13"
175
80°00'38"
176
80°00'23"
177
79°59'14"
178
80°02'26"
179
80°01'44"
180
80°01'27"
181
at outer boundary
of EEZ
(B) The outer boundary of the EEZ in a northerly direction
from Point 181 to the Origin. (iv) Pourtales Terrace is bounded
by--
(A) Rhumb lines connecting, in order, the following points:
Point
West long.
Origin
80°43'50"
1
80°34'23"
2
80°31'20"
3
80°23'08"
4
80°27'58"
5
80°35'51"
6
80°49'45"
7
81°07'52"
8
80°58'11"
(B) The outer boundary of the EEZ in a northerly direction
from Point 8 to the Origin.
(v) Blake Ridge Diapir is bounded by rhumb lines
connecting, in order, the following points:
Point
West long.
Origin
76°13'16"
1
76°13'24"
2
76°11'21"
206
3
76°11'13"
Origin
76°13'16"
(2) Restrictions. In the Deepwater Coral HAPCs specified in
paragraph (c)(1) of this section, no person may:
(i) Use a bottom longline, trawl (mid-water or bottom),
dredge, pot, or trap.
(ii) If aboard a fishing vessel, anchor, use an anchor and
chain, or use a grapple and chain.
(iii) Fish for coral or possess coral in or from the
Deepwater Coral HAPC on board a fishing vessel.
(3) Shrimp fishery access areas. The provisions of
paragraph (c)(2)(i) of this section notwithstanding, an owner or
operator of a vessel for which a valid commercial vessel permit
for rock shrimp (South Atlantic EEZ) has been issued may trawl
for shrimp in the following portions of the Stetson-Miami
Terrace Deepwater Coral HAPC:
(i) Shrimp access area 1 is bounded by rhumb lines
connecting, in order, the following points:
Point
West long.
Origin
80°02'2.4"
1
80°05'39.6"
2
80°09'30"
3
80°06'00"
4
80°02'45.6"
5
80°04'11"
6
80°05'44"
7
80°06'24"
8
80°06'53"
9
80°07'18"
10
80°07'32"
11
80°07'18"
12
80°05'01"
13
80°04'29"
14
80°03'11"
207
15
80°03'52"
16
80°06'08"
17
80°06'23"
18
80°06'00"
19
80°05'43"
20
80°05'14"
21
80°04'35"
22
80°03'01"
23
80°00'53"
Origin
80°02'2.4"
(ii) Shrimp access area 2 is bounded by rhumb lines
connecting, in order, the following points:
Point
West long.
Origin
79°59'43"
1
79°59'07"
2
79°58'44"
3
79°57'37"
4
79°56'59"
5
79°55'32"
6
79°54'22"
7
79°53'31"
8
79°52'51"
9
79°52'07"
10
79°51'27"
11
79°51'20"
12
79°51'20"
13
79°51'10"
14
79°50'59"
208
15
79°50'36"
16
79°50'04"
17
79°50'07"
18
79°49'56"
19
79°49'58"
20
79°49'35"
21
79°49'24"
22
79°48'35"
23
79°47'27"
24
79°48'16"
25
79°48'27"
26
79°48'50"
27
79°48'48"
28
79°48'58"
29
79°48'56"
30
79°49'28"
31
79°49'51"
32
79°50'01"
33
79°50'13"
34
79°50'12"
35
79°50'17"
36
79°50'58"
37
79°51'43"
38
79°52'22"
39
79°53'14"
40
79°54'24"
41
79°55'50"
209
42
79°56'29"
43
79°57'35"
44
79°57'59"
45
79°58'34"
Origin
79°59'43"
(iii) Shrimp access area 3 is bounded by rhumb lines
connecting, in order, the following points:
Point
West long.
Origin
79°46'20"
1
79°46'12"
2
79°45'45"
3
79°45'20"
4
79°44'51"
5
79°44'53"
6
79°44'25"
7
79°44'22"
8
79°44'33"
9
79°44'58"
10
79°45'29"
11
79°45'47"
12
79°45'54"
13
79°45'57"
14
79°45'14"
15
79°45'12"
16
79°45'00"
17
79°46'07"
18
79°46'29"
19
79°46'39"
210
20
79°46'28"
21
79°46'32"
22
79°44'52"
23
79°44'47"
24
79°44'58"
25
79°44'48"
26
79°44'26"
27
79°43'19"
28
79°43'31"
29
79°43'33"
30
79°44'15"
31
79°44'12"
32
79°44'06"
33
79°43'48"
34
79°44'22"
35
79°43'50"
36
79°43'25"
37
79°43'14"
38
79°43'17"
39
79°43'45"
40
79°43'43"
41
79°44'11"
42
79°44'25"
43
79°44'37"
44
79°45'04"
45
79°45'12"
Origin
79°46'20"
211
(iv) Shrimp access area 4 is bounded by rhumb lines
connecting, in order, the following points:
Point
West long.
Origin
79°46'54"
1
79°46'56"
2
79°47'09"
3
79°47'09"
4
79°48'01"
5
79°48'21"
6
79°49'09"
7
79°49'30"
8
79°50'03"
9
79°50'20"
10
79°50'17"
11
79°48'37"
12
79°48'40"
13
79°48'08"
14
79°47'49"
15
79°47'29"
16
79°46'40"
17
79°46'20"
18
79°45'28"
19
79°45'28"
20
79°45'15"
21
79°45'13"
Origin
79°46'54"
(4) Golden crab fishery access areas. The provisions of
paragraphs (c)(2)(i) and (ii) of this section notwithstanding,
an owner or operator of a vessel for which a valid commercial
permit for South Atlantic golden crab has been issued may use a
212
trap to fish for golden crab and use a grapple and chain while
engaged in such fishing in the following portions of the
Stetson-Miami Terrace and the Pourtales Terrace Deepwater Coral
HAPCs. Access to an area specified in paragraph (c)(4)(i)
through (v) of this section is contingent on that zone being
authorized on the vessel's permit for South Atlantic golden
crab. See § 622.241(b) for specification of zones.
(i) Golden crab northern zone access area is bounded by
rhumb lines connecting, in order, the following points:
Point
West long.
Origin
79°54'24"
1
79°53'14"
2
79°52'22"
3
79°51'43"
4
79°50'58"
5
79°50'17"
6
79°50'12"
7
79°50'13"
8
79°50'01"
9
79°49'51"
10
79°49'28"
11
79°48'56"
12
79°48'58"
13
79°48'48"
14
79°48'50"
15
79°48'27"
16
79°48'16"
17
79°47'27"
18
79°42'12"
19
79°40'54"
20
79°45'12"
213
21
79°45'04"
22
79°44'37"
23
79°44'25"
24
79°44'11"
25
79°43'59"
26
79°38'16"
27
79°38'13"
28
79°38'57"
29
79°40'25"
30
79°41'33"
31
79°43'04"
32
79°43'39"
33
79°44'32"
34
79°45'55"
35
79°45'50"
Origin
79°54'24"
(ii) Golden crab middle zone access area A is bounded by--
(A) Rhumb lines connecting, in order, the following points:
Point
West long.
Origin
79°35'05"
1
79°36'26"
2
79°37'52"
3
79°37'09"
4
79°37'15"
5
79°38'16"
6
79°43'59"
7
79°43'43"
8
79°43'45"
214
9
79°43'17"
10
79°43'14"
11
79°43'25"
12
79°43'50"
13
79°44'22"
14
79°43'48"
15
79°44'06"
16
79°44'12"
17
79°44'15"
18
79°43'33"
19
79°43'31"
20
79°43'19"
21
79°44'26"
22
79°44'48"
23
79°44'58"
24
79°44'47"
25
79°44'52"
26
79°42'34"
27
79°42'34"
28
79°45'13"
29
79°45'15"
30
79°45'28"
31
79°45'28"
32
79°46'20"
33
79°46'40"
34
79°47'29"
35
79°47'49"
215
36
79°48'08"
37
79°48'40"
38
79°48'37"
39
79°48'16"
40
79°46'09"
41
79°46'08"
42
79°45'37"
43
79°44'14"
44
79°45'58"
45
79°42'27"
(B) The outer boundary of the EEZ in a northerly direction
from Point 45 to Point 46.
(C) Rhumb lines connecting, in order, the following points:
Point
West long.
46
79°36'07"
47
79°36'06"
48
79°38'04"
49
79°35'12"
50
79°33'45"
(D) The outer boundary of the EEZ in a northerly direction
from Point 50 to the Origin.
(iii) Golden crab middle zone access area B is bounded by
rhumb lines connecting, in order, the following points:
Point
West long.
Origin
80°00'38"
1
80°00'23"
2
79°59'14"
3
80°02'26"
4
80°01'44"
5
80°01'27"
216
6
79°58'12"
7
79°58'19"
8
79°54'48"
9
79°54'46"
10
79°56'20"
11
79°56'00"
Origin
80°00'38"
(iv) Golden crab middle zone access area C is bounded by--
(A) Rhumb lines connecting, in order, the following points:
Point
West long.
Origin
79°42'18"
1
79°47'14"
2
79°53'45"
3
79°42'04"
(B) The outer boundary of the EEZ in a northerly direction
from Point 3 to the Origin.
(v) Golden crab southern zone access area is bounded by--
(A) Rhumb lines connecting, in order, the following points:
Point
West long.
Origin
80°53'27"
1
81°04'54"
2
80°58'11"
(B) The outer boundary of the EEZ in a northerly direction
from Point 2 to the Origin.
§ 622.225 Harvest limitations.
(a) Aquacultured live rock. In the South Atlantic EEZ:
(1) Aquacultured live rock may be harvested only under a
permit, as required under § 622.220(a)(3), and aquacultured live
rock on a site may be harvested only by the person, or his or
her employee, contractor, or agent, who has been issued the
aquacultured live rock permit for the site. A person harvesting
aquacultured live rock is exempt from the prohibition on taking
prohibited coral for such prohibited coral as attaches to
217
aquacultured live rock.
(2) The following restrictions apply to individual
aquaculture activities:
(i) No aquaculture site may exceed 1 acre (0.4 ha) in size.
(ii) Material deposited on the aquaculture site--
(A) May not be placed over naturally occurring reef
outcrops, limestone ledges, coral reefs, or vegetated areas.
(B) Must be free of contaminants.
(C) Must be nontoxic.
(D) Must be placed on the site by hand or lowered
completely to the bottom under restraint, that is, not allowed
to fall freely.
(E) Must be placed from a vessel that is anchored.
(F) Must be geologically distinguishable from the naturally
occurring substrate and, in addition, may be indelibly marked or
tagged.
(iii) A minimum setback of at least 50 ft (15.2 m) must be
maintained from natural vegetated or hard bottom habitats.
(3) Mechanically dredging or drilling, or otherwise
disturbing, aquacultured live rock is prohibited, and
aquacultured live rock may be harvested only by hand.
(4) The following activities are also prohibited: Chipping
of aquacultured live rock in the EEZ, possession of chipped
aquacultured live rock in or from the EEZ, removal of allowable
octocoral or prohibited coral from aquacultured live rock in or
from the EEZ, and possession of prohibited coral not attached to
aquacultured live rock or allowable octocoral, while
aquacultured live rock is in possession. See the definition of
"Allowable octocoral" for clarification of the distinction
between allowable octocoral and live rock. For the purposes of
this paragraph (a)(4), chipping means breaking up reefs, ledges,
or rocks into fragments, usually by means of a chisel and
hammer.
(5) Not less than 24 hours prior to harvest of aquacultured
live rock, the owner or operator of the harvesting vessel must
provide the following information to the NMFS Office for Law
Enforcement, Southeast Region, St. Petersburg, FL, by telephone
(727-824-5344):
(i) Permit number of site to be harvested and date of
harvest.
(ii) Name and official number of the vessel to be used in
harvesting.
(iii) Date, port, and facility at which aquacultured live
rock will be landed.
(b) [Reserved]
§ 622.226 Restrictions on sale/purchase.
218
(a) South Atlantic wild live rock. Wild live rock in or
from the South Atlantic EEZ may not be sold or purchased. The
prohibition on sale or purchase does not apply to wild live rock
from the South Atlantic EEZ that was harvested and landed prior
to January 1, 1996.
(b) [Reserved]
§ 622.227 Adjustment of management measures.
In accordance with the framework procedures of the FMP for
Coral, Coral Reefs, and Live/Hard Bottom Habitats of the South
Atlantic Region, the RA may establish or modify the following:
(a) South Atlantic coral, coral reefs, and live/hard bottom
habitats. Definitions of essential fish habitat and essential
fish habitat HAPCs or Coral HAPCs.
(b) [Reserved]
Return to Table of Contents
Subpart L--Golden Crab Fishery of the South Atlantic Region
§ 622.240 Permits.
(a) Commercial vessel permits. For a person aboard a vessel
to fish for golden crab in the South Atlantic EEZ, possess
golden crab in or from the South Atlantic EEZ, off-load golden
crab from the South Atlantic EEZ, or sell golden crab in or from
the South Atlantic EEZ, a commercial vessel permit for golden
crab must be issued to the vessel and must be on board. It is a
rebuttable presumption that a golden crab on board a vessel in
the South Atlantic or off-loaded from a vessel in a port
adjoining the South Atlantic was harvested from the South
Atlantic EEZ. See § 622.241 for limitations on the use,
transfer, and renewal of a commercial vessel permit for golden
crab.
(b) Dealer permits and conditions--(1) Permits. For a
dealer to first receive South Atlantic golden crab harvested in
or from the EEZ, a Gulf and South Atlantic dealer permit must be
issued to the dealer.
(2) State license and facility requirements. To obtain a
dealer permit, the applicant must have a valid state
wholesaler's license in the state(s) where the dealer operates,
if required by such state(s), and must have a physical facility
at a fixed location in such state(s).
(c) Permit procedures. See § 622.4 for information
regarding general permit procedures including, but not limited
219
to application, fees, duration, transfer, renewal, display,
sanctions and denials, and replacement.
§ 622.241 South Atlantic golden crab controlled access.
(a) General. In accordance with the procedures specified in
the Fishery Management Plan for the Golden Crab Fishery of the
South Atlantic Region, initial commercial vessel permits have
been issued for the fishery. All permits in the fishery are
issued on a fishing-year (calendar-year) basis. No additional
permits may be issued except for the northern zone as follows:
(1) The RA will issue up to two new vessel permits for the
northern zone. Selection will be made from the list of
historical participants in the South Atlantic golden crab
fishery. Such list was used at the October 1995 meeting of the
South Atlantic Fishery Management Council and was prioritized
based on pounds of golden crab landed, without reference to a
specific zone. Individuals on the list who originally received
permits will be deleted from the list.
(2) The RA will offer in writing an opportunity to apply
for a permit for the northern zone to the individuals highest on
the list until two individuals accept and apply in a timely
manner. An offer that is not accepted within 30 days after it is
received will no longer be valid.
(3) An application for a permit from an individual who
accepts the RA's offer must be received by the RA no later than
30 days after the date of the individual's acceptance.
Application forms are available from the RA.
(4) A vessel permit for the northern zone issued under
paragraph (a)(1) of this section, and any successor permit, may
not be changed to another zone. A successor permit includes a
permit issued to that vessel for a subsequent owner and a permit
issued via transfer from that vessel to another vessel.
(b) Fishing zones--(1) Designation of fishing zones. The
South Atlantic EEZ is divided into three fishing zones for
golden crab as follows:
(i) Northern zone--the South Atlantic EEZ north of 28° N.
lat.
(ii) Middle zone--the South Atlantic EEZ from 28° N. lat.
to 25° N. lat.
(iii) Southern zone--the South Atlantic EEZ south of 25° N.
lat.
(2) Authorization to fish in zones. Each vessel permit
indicates one of the zones specified in paragraph (b)(1) of this
section. A vessel with a permit to fish for golden crab in the
northern zone or the middle zone may fish only in that zone. A
vessel with a documented length overall greater than 65 ft (19.8
220
m) with a permit to fish for golden crab in the southern zone
may fish in that zone, consistent with the provisions of
paragraph (b)(3) of this section. A vessel may possess golden
crab only in a zone in which it is authorized to fish, except
that other zones may be transited if the vessel notifies NMFS
Office for Law Enforcement, Southeast Region, St. Petersburg,
FL, by telephone (727-824-5344) in advance and does not fish in
a zone in which it is not authorized to fish.
(3) Small-vessel sub-zone. Within the southern zone, a
small-vessel sub-zone is established bounded on the north by
24°15' N. lat., on the south by 24°07' N. lat., on the east by
81°22' W. long., and on the west by 81°56' W. long. No vessel
with a documented length overall greater than 65 ft (19.8 m) may
fish for golden crab in this sub-zone, and a vessel with a
documented length overall of 65 ft (19.8 m) or less that is
permitted for the southern zone may fish for golden crab only in
this sub-zone.
(4) Procedure for changing zones. Upon request from an
owner of a permitted vessel, the RA will change the zone
specified on a permit from the middle or southern zone to the
northern zone. No other changes in the zone specified on a
permit are allowed. An owner of a permitted vessel who desires a
change to the northern zone must submit his/her request with the
existing permit to the RA.
(c) Transferring permits between vessels--(1) Procedure for
transferring. An owner of a vessel who desires a golden crab
permit may request that NMFS transfer an existing permit or
permits to his or her vessel by returning an existing permit or
permits to the RA with an application for a permit for the
replacement vessel.
(2) Vessel size limitations on transferring. (i) To obtain
a permit for the middle or southern zone via transfer, the
documented length overall of the replacement vessel may not
exceed the documented length overall, or aggregate documented
lengths overall, of the replaced vessel(s) by more than 20
percent. The owner of a vessel permitted for the middle or
southern zone who has requested that NMFS transfer that permit
to a smaller vessel (i.e., downsized) may subsequently request
NMFS transfer that permit to a vessel of a length calculated
from the length of the permitted vessel immediately prior to
downsizing.
(ii) There are no vessel size limitations to obtain a
permit for the northern zone via transfer.
(d) Permit renewal. NMFS will not renew a commercial vessel
permit for South Atlantic golden crab if the permit is revoked
or if the RA does not receive a required application for renewal
within 6 months after the permit's expiration. See § 622.4(g)
221
for the applicable general procedures and requirements for
permit renewals.
§ 622.242 Recordkeeping and reporting.
(a) Commercial vessel owners and operators. (1) The owner
or operator of a vessel for which a commercial permit for golden
crab has been issued, as required under § 622.240(a), who is
selected to report by the SRD must maintain a fishing record on
a form available from the SRD.
(2) Reporting forms required in paragraph (a)(1) of this
section must be submitted to the SRD postmarked not later than
30 days after sale of the golden crab offloaded from a trip. If
no fishing occurred during a calendar month, a report so stating
must be submitted on one of the forms postmarked not later than
7 days after the end of that month. Information to be reported
is indicated on the form and its accompanying instructions.
(b) Dealers. A dealer who first receives South Atlantic
golden crab must maintain records and submit information as
specified in § 622.5(c).
§ 622.243 Gear identification.
(a) Golden crab traps and associated buoys--(1) Golden crab
traps. A golden crab trap used or possessed in the South
Atlantic EEZ or on board a vessel with a commercial permit for
golden crab must have the commercial vessel permit number
permanently affixed so as to be easily distinguished, located,
and identified; an identification tag issued by the RA may be
used for this purpose but is not required.
(2) Associated buoys. In the South Atlantic EEZ, buoys are
not required to be used, but, if used, each buoy must display
the official number assigned by the RA so as to be easily
distinguished, located, and identified.
(3) Presumption of ownership. A golden crab trap in the EEZ
will be presumed to be the property of the most recently
documented owner. This presumption will not apply with respect
to such traps that are lost or sold if the owner reports the
loss or sale within 15 days to the RA.
(4) Unmarked golden crab traps. An unmarked golden crab
trap or a buoy deployed in the EEZ where such trap or buoy is
required to be marked is illegal and may be disposed of in any
appropriate manner by the Assistant Administrator or an
authorized officer.
(b) [Reserved]
§ 622.244 At-sea observer coverage.
222
(a) Required coverage. A vessel for which a Federal
commercial permit for golden crab has been issued must carry a
NMFS-approved observer, if the vessel's trip is selected by the
SRD for observer coverage.
(b) Notification to the SRD. When observer coverage is
required, an owner or operator must advise the SRD in writing
not less than 5 days in advance of each trip of the following:
(1) Departure information (port, dock, date, and time).
(2) Expected landing information (port, dock, and date).
(c) Observer accommodations and access. An owner or
operator of a vessel on which a NMFS-approved observer is
embarked must:
(1) Provide accommodations and food that are equivalent to
those provided to the crew.
(2) Allow the observer access to and use of the vessel's
communications equipment and personnel upon request for the
transmission and receipt of messages related to the observer's
duties.
(3) Allow the observer access to and use of the vessel's
navigation equipment and personnel upon request to determine the
vessel's position.
(4) Allow the observer free and unobstructed access to the
vessel's bridge, working decks, holding bins, weight scales,
holds, and any other space used to hold, process, weigh, or
store fish.
(5) Allow the observer to inspect and copy the vessel's
log, communications logs, and any records associated with the
catch and distribution of fish for that trip.
§ 622.245 Prohibited species.
(a) General. The harvest and possession restrictions of
this section apply without regard to whether the species is
harvested by a vessel operating under a commercial vessel
permit. The operator of a vessel that fishes in the EEZ is
responsible for the limit applicable to that vessel.
(b) Female golden crabs. It is intended that no female
golden crabs in or from the South Atlantic EEZ be retained on
board a vessel and that any female golden crab in or from the
South Atlantic EEZ be released in a manner that will ensure
maximum probability of survival. However, to accommodate
legitimate incidental catch and retention, the number of female
golden crabs in or from the South Atlantic EEZ retained on board
a vessel may not exceed 0.5 percent, by number, of all golden
crabs on board. See § 622.250(a) regarding the prohibition of
sale of female golden crabs.
223
(c) Snapper-grouper aboard a golden crab vessel. South
Atlantic snapper-grouper may not be possessed in whole, gutted,
or filleted form by a person aboard a vessel fishing for or
possessing golden crab in or from the South Atlantic EEZ or
possessing a golden crab trap in the South Atlantic. Only the
head, fins, and backbone (collectively the "rack") of South
Atlantic snapper-grouper may be possessed for use as bait.
§ 622.246 Area closures.
(a) Golden crab trap closed areas. In the golden crab
northern zone, a golden crab trap may not be deployed in waters
less than 900 ft (274 m) deep. In the golden crab middle and
southern zones, a golden crab trap may not be deployed in waters
less than 700 ft (213 m) deep. See § 622.241(b)(1) for
specification of the golden crab zones.
(b) [Reserved]
§ 622.247 Landing golden crab intact.
The operator of a vessel that fishes in the EEZ is
responsible for ensuring that golden crab on that vessel in the
EEZ are maintained intact and, if taken from the EEZ, are
maintained intact through offloading ashore.
(a) A golden crab in or from the South Atlantic EEZ must be
maintained in whole condition through landing ashore. For the
purposes of this paragraph, whole means a crab that is in its
natural condition and that has not been gutted or separated into
component pieces, e.g., clusters.
(b) [Reserved]
§ 622.248 Authorized gear.
(a) Traps. Traps are the only fishing gear authorized in
directed fishing for golden crab in the South Atlantic EEZ.
Golden crab in or from the South Atlantic EEZ may not be
retained on board a vessel possessing or using unauthorized
gear.
(b) Buoy line or mainline. Rope is the only material
allowed to be used for a buoy line or mainline attached to a
golden crab trap.
§ 622.249 Gear restrictions and requirements.
(a) Maximum trap sizes. A golden crab trap deployed or
possessed in the South Atlantic EEZ may not exceed 64 ft3 (1.8
m3) in volume in the northern zone or 48 ft3 (1.4 m3) in volume
224
in the middle and southern zones. See § 622.241(b)(1) for
specification of the golden crab zones.
(b) Required escape mechanisms for traps. (1) A golden crab
trap that is used or possessed in the South Atlantic EEZ must
have at least one escape gap or escape ring on each of two
opposite vertical sides. The minimum allowable inside dimensions
of an escape gap are 2.75 by 3.75 inches (7.0 by 9.5 cm); the
minimum allowable inside diameter of an escape ring is 4.5
inches (11.4 cm). In addition to the escape gaps--
(i) A golden crab trap constructed of webbing must have an
opening (slit) at least 1 ft (30.5 cm) long that may be closed
(relaced) only with untreated cotton string no larger than 3/16
inch (0.48 cm) in diameter.
(ii) A golden crab trap constructed of material other than
webbing must have an escape panel or door measuring at least 11
7/8 by 11 7/8 inches (30.2 by 30.2 cm), located on at least one
side, excluding top and bottom. The hinges or fasteners of such
door or panel must be made of either ungalvanized or uncoated
iron wire no larger than 19 gauge (0.04 inch (1.0 mm) in
diameter) or untreated cotton string no larger than 3/16 inch
(4.8 mm) in diameter.
(2) [Reserved]
(c) Restriction on tending traps. A golden crab trap in the
South Atlantic EEZ may be pulled or tended only by a person
(other than an authorized officer) aboard the vessel permitted
to fish such pot or trap or aboard another vessel if such vessel
has on board written consent of the owner or operator of the
vessel so permitted. A vessel with written consent on board must
also possess a valid commercial vessel permit for golden crab.
§ 622.250 Restrictions on sale/purchase.
(a) A female golden crab in or from the South Atlantic EEZ
may not be sold or purchased.
(b) A golden crab harvested in the South Atlantic EEZ on
board a vessel that does not have a valid commercial permit for
golden crab, as required under § 622.240(a), may not be sold or
purchased.
(c) A golden crab harvested in or from the EEZ or adjoining
state waters by a vessel that has a valid commercial vessel
permit for South Atlantic golden crab may be sold or transferred
only to a dealer who has a valid Gulf and South Atlantic dealer
permit, as required under § 622.240(b)(1).
(d) A golden crab harvested in or from the EEZ may be first
received by a dealer who has a valid Gulf and South Atlantic
dealer permit, as required under § 622.240(b)(1), only from a
vessel that has a valid commercial vessel permit for golden
225
crab.
§ 622.251 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
(a) Commercial sector--(1) If commercial landings for
golden crab, as estimated by the SRD, reach or are projected to
reach the ACL of 2 million lb (907,185 kg), round weight, the AA
will file a notification with the Office of the Federal Register
to close the golden crab fishery for the remainder of the
fishing year. On and after the effective date of such a
notification, all harvest, possession, sale or purchase of
golden crab in or from the South Atlantic EEZ is prohibited.
(2) If commercial landings exceed the ACL, and golden crab
are overfished, based on the most recent Status of U.S.
Fisheries Report to Congress, the AA will file a notification
with the Office of the Federal Register, at or near the
beginning of the following fishing year to reduce the ACL for
that following year by the amount of the overage in the prior
fishing year.
(b) [Reserved]
§ 622.252 Adjustment of management measures.
In accordance with the framework procedures of the FMP for
the Golden Crab Fishery of the South Atlantic Region, the RA may
establish or modify the following:
(a) South Atlantic golden crab. Biomass levels, age-
structured analyses, MSY, ABC, TAC, quotas (including quotas
equal to zero), trip limits, minimum sizes, gear regulations and
restrictions, permit requirements, seasonal or area closures,
sub-zones and their management measures, time frame for recovery
of golden crab if overfished, fishing year (adjustment not to
exceed 2 months), observer requirements, authority for the RA to
close the fishery when a quota is reached or is projected to be
reached, definitions of essential fish habitat, and essential
fish habitat HAPCs or Coral HAPCs.
(b) [Reserved]
Return to Table of Contents
Subpart M--Dolphin and Wahoo Fishery off the Atlantic States
§ 622.270 Permits.
(a) Commercial vessel permits. (1) For a person aboard a
vessel to be eligible for exemption from the bag and possession
226
limits for dolphin or wahoo in or from the Atlantic EEZ or to
sell such dolphin or wahoo, a commercial vessel permit for
Atlantic dolphin and wahoo must be issued to the vessel and must
be on board, except as provided in paragraph (a)(2) of this
section. (See paragraph (c)(1) of this section for the
requirements for operator permits in the Atlantic dolphin and
wahoo fishery).
(2) The provisions of paragraph (a)(1) of this section
notwithstanding, a fishing vessel, except a vessel operating as
a charter vessel or headboat, that does not have a commercial
vessel permit for Atlantic dolphin and wahoo but has a Federal
commercial vessel permit in any other fishery, is exempt from
the bag and possession limits for dolphin and wahoo and may sell
dolphin and wahoo, subject to the trip and geographical limits
specified in § 622.278(a)(2). (A charter vessel/headboat permit
is not a commercial vessel permit.)
(b) Charter vessel/headboat permits. (1) For a person
aboard a vessel that is operating as a charter vessel or
headboat to fish for or possess Atlantic dolphin or wahoo, in or
from the Atlantic EEZ, a valid charter vessel/headboat permit
for Atlantic dolphin and wahoo must have been issued to the
vessel and must be on board. (See paragraph (c)(1) of this
section for the requirements for operator permits in the dolphin
and wahoo fishery.)
(2) A charter vessel or headboat may have both a charter
vessel/headboat permit and a commercial vessel permit. However,
when a vessel is operating as a charter vessel or headboat, a
person aboard must adhere to the bag limits. See the definitions
of "Charter vessel" and "Headboat" in § 622.2 for an explanation
of when vessels are considered to be operating as a charter
vessel or headboat, respectively.
(c) Operator permits. (1) An operator of a vessel that has
or is required to have a charter vessel/headboat or commercial
permit for Atlantic dolphin and wahoo issued under this section
is required to have an operator permit.
(2) A person required to have an operator permit under
paragraph (c)(1) of this section must carry on board such permit
and one other form of personal identification that includes a
picture (driver's license, passport, etc.).
(3) An owner of a vessel that is required to have a
permitted operator under paragraph (c)(1) of this section must
ensure that at least one person with a valid operator permit is
aboard while the vessel is at sea or offloading.
(4) An owner of a vessel that is required to have a
permitted operator under paragraph (c)(1) of this section and
the operator of such vessel are responsible for ensuring that a
person whose operator permit is suspended, revoked, or modified
227
pursuant to subpart D of 15 CFR part 904 is not aboard that
vessel.
(d) Dealer permits and conditions--(1) Permits. For a
dealer to first receive Atlantic dolphin or wahoo harvested in
or from the EEZ, a Gulf and South Atlantic dealer permit must be
issued to the dealer.
(2) State license and facility requirements. To obtain a
dealer permit, the applicant must have a valid state
wholesaler's license in the state(s) where the dealer operates,
if required by such state(s), and must have a physical facility
at a fixed location in such state(s).
(e) Permit procedures. See § 622.4 for information
regarding general permit procedures including, but not limited
to application, fees, duration, transfer, renewal, display,
sanctions and denials, and replacement.
§ 622.271 Recordkeeping and reporting.
(a) Commercial vessel owners and operators--(1) Reporting
requirement. The owner or operator of a vessel for which a
commercial permit for Atlantic dolphin and wahoo has been
issued, as required under § 622.270(a)(1), or whose vessel
fishes for or lands Atlantic dolphin or wahoo in or from state
waters adjoining the Atlantic EEZ, who is selected to report by
the SRD must maintain a fishing record on a form available from
the SRD and must submit such record as specified in paragraph
(a)(2) of this section.
(2) Reporting deadlines. Completed fishing records required
by paragraph (a)(1) of this section must be submitted to the SRD
postmarked not later than 7 days after the end of each fishing
trip. If no fishing occurred during a calendar month, a report
so stating must be submitted on one of the forms postmarked not
later than 7 days after the end of that month. Information to be
reported is indicated on the form and its accompanying
instructions.
(b) Charter vessel/headboat owners and operators--(1)
General reporting requirement--(i) Charter vessels. The owner or
operator of a charter vessel for which a charter vessel/headboat
permit for Atlantic dolphin and wahoo has been issued, as
required under § 622.270(b)(1), or whose vessel fishes for or
lands Atlantic dolphin or wahoo in or from state waters
adjoining the Atlantic EEZ, who is selected to report by the SRD
must maintain a fishing record for each trip, or a portion of
such trips as specified by the SRD, on forms provided by the SRD
and must submit such record as specified in paragraph (b)(2) of
this section.
(ii) Headboats. The owner or operator of a headboat for
228
which a charter vessel/headboat permit for Atlantic dolphin and
wahoo has been issued, as required under § 622.270(b)(1), or
whose vessel fishes for or lands Atlantic dolphin or wahoo in or
from state waters adjoining the South Atlantic EEZ, who is
selected to report by the SRD must submit an electronic fishing
record for each trip of all fish harvested within the time
period specified in paragraph (b)(2)(ii) of this section, via
the Southeast Region Headboat Survey.
(2) Reporting deadlines--(i) Charter vessels. Completed
fishing records required by paragraph (b)(1)(i) of this section
for charter vessels must be submitted to the SRD weekly,
postmarked no later than 7 days after the end of each week
(Sunday). Information to be reported is indicated on the form
and its accompanying instructions.
(ii) Headboats. Electronic fishing records required by
paragraph (b)(1)(ii) of this section for headboats must be
submitted at weekly intervals (or intervals shorter than a week
if notified by the SRD) by 11:59 p.m., local time, the Sunday
following a reporting week. If no fishing activity occurred
during a reporting week, an electronic report so stating must be
submitted for that reporting week by 11:59 p.m., local time, the
Sunday following a reporting week.
(3) Catastrophic conditions. During catastrophic conditions
only, NMFS provides for use of paper forms for basic required
functions as a backup to the electronic fishing records required
by paragraph (b)(1)(ii) of this section. The RA will determine
when catastrophic conditions exist, the duration of the
catastrophic conditions, and which participants or geographic
areas are deemed affected by the catastrophic conditions. The RA
will provide timely notice to affected participants via
publication of notification in the Federal Register, NOAA
weather radio, fishery bulletins, and other appropriate means
and will authorize the affected participants’ use of paper forms
for the duration of the catastrophic conditions. The paper forms
will be available from NMFS. During catastrophic conditions, the
RA has the authority to waive or modify reporting time
requirements.
(4) Compliance requirement. Electronic reports required by
paragraph (b)(1)(ii) of this section must be submitted and
received by NMFS according to the reporting requirements under
this section. A report not received within the time specified in
paragraph (b)(2)(ii) of this section is delinquent. A delinquent
report automatically results in the owner and operator of a
headboat for which a charter vessel/headboat permit for Atlantic
dolphin and wahoo has been issued being prohibited from
harvesting or possessing such species, regardless of any
additional notification to the delinquent owner and operator by
229
NMFS. The owner and operator who are prohibited from harvesting
or possessing such species due to delinquent reports are
authorized to harvest or possess such species only after all
required and delinquent reports have been submitted and received
by NMFS according to the reporting requirements under this
section.
(c) Dealers. (1) A dealer who first receives Atlantic
dolphin or wahoo must maintain records and submit information as
specified in § 622.5(c).
(2) Alternate SRD. For the purpose of § 622.5(c), in the
states from Maine through Virginia, or in the waters off those
states, “SRD” means the Science and Research Director, Northeast
Fisheries Science Center, NMFS, or a designee.
(3) On demand, a dealer who has been issued a Gulf and
South Atlantic dealer permit, as required under § 622.270(d)(1),
must make available to an authorized officer all records of
offloadings, purchases, or sales of Atlantic dolphin or wahoo.
§ 622.272 Authorized gear.
(a) Atlantic dolphin and wahoo--(1) Authorized gear. The
following are the only authorized gear types in the fisheries
for dolphin and wahoo in the Atlantic EEZ: Automatic reel,
bandit gear, handline, pelagic longline, rod and reel, and
spearfishing gear (including powerheads). A person aboard a
vessel in the Atlantic EEZ that has on board gear types other
than authorized gear types may not possess a dolphin or wahoo.
(2) [Reserved]
(b) [Reserved]
§ 622.273 Conservation measures for protected species.
(a) Atlantic dolphin and wahoo pelagic longliners. The
owner or operator of a vessel for which a commercial permit for
Atlantic dolphin and wahoo has been issued, as required under §
622.270(a)(1), and that has on board a pelagic longline must
post inside the wheelhouse the sea turtle handling and release
guidelines provided by NMFS. Such owner or operator must also
comply with the sea turtle bycatch mitigation measures,
including gear requirements and sea turtle handling
requirements, as specified in § 635.21(c)(5)(i) and (ii) of this
chapter, respectively. For the purpose of this paragraph, a
vessel is considered to have pelagic longline gear on board when
a power-operated longline hauler, a mainline, floats capable of
supporting the mainline, and leaders (gangions) with hooks are
on board. Removal of any one of these elements constitutes
removal of pelagic longline gear.
230
(b) [Reserved]
§ 622.274 Pelagic longline closed areas.
(a) If pelagic longline gear is on board a vessel, a person
aboard such vessel may not fish for or retain a dolphin or
wahoo--
(1) In the Northeastern United States closed area from June
1 through June 30 each year. The Northeastern United States
closed area is that portion of the EEZ between 40° N. lat. and
39° N. lat. from 68° W. long. to 74° W. long.
(2) In the Charleston Bump closed area from February 1
through April 30 each year. The Charleston Bump closed area is
that portion of the EEZ off North Carolina, South Carolina, and
Georgia between 34° N. lat. and 31° N. lat. and west of 76° W.
long.
(3) In the East Florida Coast closed area year round. The
East Florida Coast closed area is that portion of the EEZ off
Georgia and the east coast of Florida from the inner boundary of
the EEZ at 31° N. lat.; thence due east to 78° W. long.; thence
by a rhumb line to 28°17' N. lat., 79°12' W. long.; thence
proceeding in a southerly direction along the outer boundary of
the EEZ to 24° N. lat.; thence due west to 24° N. lat., 81°47'
W. long.; thence due north to the innermost boundary of the EEZ
at 81°47' W. long.
(b) A vessel is considered to have pelagic longline gear on
board when a power-operated longline hauler, a mainline, floats
capable of supporting the mainline, and gangions with hooks are
on board. Removal of any one of these elements constitutes
removal of pelagic longline gear.
(c) If a vessel is in a closed area during a time specified
in paragraph (a) of this section with pelagic longline gear on
board, it is a rebuttable presumption that fish on board such
vessel were taken with pelagic longline gear in the closed area.
§ 622.275 Size limits.
All size limits in this section are minimum size limits
unless specified otherwise. A fish not in compliance with its
size limit, as specified in this section, in or from the
Atlantic EEZ, may not be possessed, sold, or purchased. A fish
not in compliance with its size limit must be released
immediately with a minimum of harm. The operator of a vessel
that fishes in the EEZ is responsible for ensuring that fish on
board are in compliance with the size limits specified in this
section.
(a) Dolphin in the Atlantic off Florida, Georgia, and South
231
Carolina--20 inches (50.8 cm), fork length.
(b) [Reserved]
§ 622.276 Landing fish intact.
(a) Dolphin or wahoo in or from the Atlantic EEZ must be
maintained with head and fins intact, except as specified in
paragraph (b) of this section. Such fish may be eviscerated,
gilled, and scaled, but must otherwise be maintained in a whole
condition. The operator of a vessel that fishes in the EEZ is
responsible for ensuring that fish on that vessel in the EEZ are
maintained intact and, if taken from the EEZ, are maintained
intact through offloading ashore, as specified in this section.
(b) In the Atlantic EEZ, dolphin or wahoo lawfully
harvested in Bahamian waters are exempt from the requirement
that they be maintained with head and fins intact, provided that
the skin remains intact on the entire fillet of any dolphin or
wahoo carcasses, valid Bahamian fishing and cruising permits are
on board the vessel, each person on the vessel has a valid
government passport with current stamps and dates from The
Bahamas, and the vessel is in transit through the Atlantic EEZ
with fishing gear appropriately stowed. For the purpose of this
paragraph, a vessel is in transit through the Atlantic EEZ when
it is on a direct and continuous course through the Atlantic EEZ
and no one aboard the vessel fishes in the EEZ. For the purpose
of this paragraph, fishing gear appropriately stowed means that
terminal gear (i.e., hook, leader, sinker, flasher, or bait)
used with an automatic reel, bandit gear, buoy gear, handline,
or rod and reel must be disconnected and stowed separately from
such fishing gear. Sinkers must be disconnected from the down
rigger and stowed separately.
§ 622.277 Bag and possession limits.
Section 622.11(a) provides the general applicability for
bag and possession limits.
(a) Atlantic dolphin and wahoo. Bag and possession limits
are as follows:
(1) Dolphin. (i) In the Atlantic EEZ--10, not to exceed 60
per vessel, whichever is less, except on board a headboat, 10
per paying passenger.
(ii) In the Atlantic EEZ and lawfully harvested in Bahamian
waters (as per § 622.276(b))--10, not to exceed 60 per vessel,
whichever is less, except on board a headboat, 10 per paying
passenger. For the purposes of this paragraph, for determining
how many dolphin are on board a vessel in fillet form when
harvested lawfully in Bahamian waters, two fillets of dolphin,
232
regardless of the length of each fillet, is equivalent to one
dolphin. The skin must remain intact on the entire fillet of any
dolphin carcass.
(2) Wahoo. (i) In the Atlantic EEZ--2.
(ii) In the Atlantic EEZ and lawfully harvested in Bahamian
waters (as per § 622.276(b))--2. For the purposes of this
paragraph, for determining how many wahoo are on board a vessel
in fillet form when harvested lawfully in Bahamian waters, two
fillets of wahoo, regardless of the length of each fillet, is
equivalent to one wahoo. The skin must remain intact on the
entire fillet of any wahoo carcass.
(b) [Reserved]
§ 622.278 Commercial trip limits.
Commercial trip limits are limits on the amount of Atlantic
dolphin and wahoo that may be possessed on board or landed,
purchased, or sold from a vessel per day. A person who fishes in
the EEZ may not combine a trip limit specified in this section
with any trip or possession limit applicable to state waters. A
species subject to a trip limit specified in this section taken
in the EEZ may not be transferred at sea, regardless of where
such transfer takes place, and such species may not be
transferred in the EEZ. Commercial trip limits apply as follows
(all weights are round or eviscerated weights unless specified
otherwise):
(a) Atlantic dolphin and wahoo. (1) The trip limit for
wahoo in or from the Atlantic EEZ is 500 lb (227 kg). This trip
limit applies to a vessel that has a Federal commercial permit
for Atlantic dolphin and wahoo, provided that the vessel is not
operating as a charter vessel or headboat.
(2) The trip limit for a vessel that does not have a
Federal commercial vessel permit for Atlantic dolphin and wahoo
but has a Federal commercial vessel permit in any other fishery
is 200 lb (91 kg) of dolphin and wahoo, combined, provided that
all fishing on and landings from that trip are north of 39° N.
lat. (A charter vessel/headboat permit is not a commercial
vessel permit.)
(b) [Reserved]
§ 622.279 Restrictions on sale/purchase.
(a) Dolphin or wahoo harvested in or from the Atlantic EEZ
or adjoining state waters by a vessel that has a valid
commercial vessel permit for Atlantic dolphin and wahoo, as
required under § 622.270(a)(1), or by a vessel authorized a 200-
lb (91-kg) trip limit for dolphin or wahoo, as specified in §
233
622.278(a)(2), may be sold or transferred only to a dealer who
has a valid Gulf and South Atlantic dealer permit, as required
under § 622.270(d)(1).
(b) In addition to the provisions of paragraph (a)(1) of
this section, a person may not sell dolphin or wahoo possessed
under the recreational bag limit harvested in the Atlantic EEZ
or adjoining state waters by a vessel while it is operating as a
charter vessel or headboat. A dolphin or wahoo harvested or
possessed by a vessel that is operating as a charter vessel or
headboat with a Federal charter vessel/headboat permit for
Atlantic dolphin and wahoo may not be purchased or sold if
harvested in or from the Atlantic EEZ or adjoining state waters.
(c) Dolphin or wahoo harvested in or from the Atlantic EEZ
may be first received only by a dealer who has a valid Gulf and
South Atlantic dealer permit, as required under § 622.270(d)(1),
and only from a vessel authorized to sell dolphin and wahoo
under paragraph (a)(1) of this section.
(d) Dolphin or wahoo possessed pursuant to the bag and
possession limits specified in § 622.277(a)(1)(ii) and
(a)(2)(ii) may not be sold or purchased.
§ 622.280 Annual catch limits (ACLs) and accountability measures
(AMs).
(a) Atlantic dolphin--(1) Commercial sector. (i) If
commercial landings for Atlantic dolphin, as estimated by the
SRD, reach or are projected to reach the commercial ACL of
1,157,001 lb (524,807 kg), round weight, the AA will file a
notification with the Office of the Federal Register to close
the commercial sector for the remainder of the fishing year. On
and after the effective date of such a notification, all sale or
purchase of Atlantic dolphin is prohibited and harvest or
possession of this species in or from the South Atlantic EEZ is
limited to the bag and possession limit. This bag and possession
limit applies in the South Atlantic on board a vessel for which
a valid Federal commercial or charter vessel/headboat permit for
Atlantic dolphin and wahoo has been issued, without regard to
where such species were harvested, i.e., in state or Federal
waters.
(ii) In addition to the measures specified in paragraph
(a)(1)(i) of this section, if the combined Atlantic dolphin
commercial and recreational landings exceed the combined
commercial and recreational ACLs specified in paragraphs
(a)(1)(i) and (a)(2)(i) of this section, and Atlantic dolphin
are overfished, based on the most recent Status of U.S.
Fisheries Report to Congress, the AA will file a notification
with the Office of the Federal Register, at or near the
234
beginning of the following fishing year, to reduce the
commercial ACL for that following year by the amount of the
commercial overage in the prior fishing year.
(2) Recreational sector. (i) If recreational landings for
Atlantic dolphin, as estimated by the SRD, exceed the
recreational ACL of 14,187,845 lb (6,435,498 kg), round weight,
then during the following fishing year, recreational landings
will be monitored for a persistence in increased landings.
(ii) If the combined Atlantic dolphin commercial and
recreational landings exceed the combined commercial and
recreational ACLs specified in paragraphs (a)(1)(i) and
(a)(2)(i) of this section, and Atlantic dolphin are overfished,
based on the most recent Status of U.S. Fisheries Report to
Congress, the AA will file a notification with the Office of the
Federal Register, at or near the beginning of the following
fishing year, to reduce the recreational ACL for that following
year by the amount of the recreational overage in the prior
fishing year, and reduce the recreational fishing season by the
amount necessary to ensure recreational landings do not exceed
the reduced ACL. However, the recreational ACL and the length of
the recreational fishing season will not be reduced during the
following fishing year if the RA determines, using the best
scientific information available, that a reduced recreational
ACL and a reduction in the length of the following fishing
season is unnecessary.
(b) Atlantic wahoo--(1) Commercial sector. (i) If
commercial landings for Atlantic wahoo, as estimated by the SRD,
reach or are projected to reach the commercial ACL of 70,542 lb
(31,997 kg), round weight, the AA will file a notification with
the Office of the Federal Register to close the commercial
sector for the remainder of the fishing year. On and after the
effective date of such a notification, all sale or purchase of
Atlantic wahoo is prohibited and harvest or possession of this
species in or from the South Atlantic EEZ is limited to the bag
and possession limit. This bag and possession limit applies in
the South Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for Atlantic
dolphin and wahoo has been issued, without regard to where such
species were harvested, i.e., in state or Federal waters.
(ii) In addition to the measures specified in paragraph
(b)(1)(i) of this section, if the combined Atlantic wahoo
commercial and recreational landings exceed the combined
commercial and recreational ACLs specified in paragraphs
(b)(1)(i) and (b)(2)(i) of this section, and Atlantic wahoo are
overfished, based on the most recent Status of U.S. Fisheries
Report to Congress, the AA will file a notification with the
Office of the Federal Register, at or near the beginning of the
235
following fishing year, to reduce the commercial ACL for that
following year by the amount of the commercial overage in the
prior fishing year.
(2) Recreational sector. (i) If recreational landings for
Atlantic wahoo, as estimated by the SRD, exceed the recreational
ACL of 1,724,418 lb (782,183 kg), round weight, then during the
following fishing year, recreational landings will be monitored
for a persistence in increased landings.
(ii) If the combined Atlantic wahoo commercial and
recreational landings exceed the combined commercial and
recreational ACLs specified in paragraphs (b)(1)(i) and
(b)(2)(i) of this section, and Atlantic wahoo are overfished,
based on the most recent Status of U.S. Fisheries Report to
Congress, the AA will file a notification with the Office of the
Federal Register, at or near the beginning of the following
fishing year, to reduce the recreational ACL for that following
year by the amount necessary to ensure recreational landings do
not exceed the reduced ACL. However, the recreational ACL and
the length of the recreational fishing season will not be
reduced during the following year if the RA determines, using
the best scientific information available, that a reduced
recreational ACL and a reduction in the length of the following
fishing season is unnecessary.
§ 622.281 Adjustment of management measures.
In accordance with the framework procedures of the FMP for
the Dolphin and Wahoo Fishery off the Atlantic States, the RA
may establish or modify the following items specified in
paragraph (a) of this section for Atlantic dolphin and wahoo.
(a) Atlantic dolphin and wahoo. Biomass levels, age-
structured analyses, MSY, OY, OFL, TAC, ABC, ABC Control Rule,
ACLs, ACTs, AMs, trip limits, minimum sizes, gear regulations
and restrictions, permit requirements, seasonal or area
closures, sub-zones and their management measures, overfishing
definitions and other status determination criteria, time frame
for recovery of Atlantic dolphin or wahoo if overfished, fishing
year (adjustment not to exceed 2 months), authority for the RA
to close a fishery when a quota is reached or is projected to be
reached or reopen a fishery when additional quota becomes
available, definitions of essential fish habitat, and essential
fish habitat HAPCs or Coral HAPCs.
(b) [Reserved]
Return to Table of Contents
236
Subpart N--Pelagic Sargassum Habitat of the South Atlantic
Region
§ 622.300 At-sea observer coverage.
(a) Required coverage. (1) A vessel that harvests or
possesses pelagic sargassum on any trip in the South Atlantic
EEZ must carry a NMFS-approved observer.
(2) [Reserved]
(b) Notification to the SRD. When observer coverage is
required, an owner or operator must advise the SRD in writing
not less than 5 days in advance of each trip of the following:
(1) Departure information (port, dock, date, and time).
(2) Expected landing information (port, dock, and date).
(c) Observer accommodations and access. An owner or
operator of a vessel on which a NMFS-approved observer is
embarked must:
(1) Provide accommodations and food that are equivalent to
those provided to the crew.
(2) Allow the observer access to and use of the vessel's
communications equipment and personnel upon request for the
transmission and receipt of messages related to the observer's
duties.
(3) Allow the observer access to and use of the vessel's
navigation equipment and personnel upon request to determine the
vessel's position.
(4) Allow the observer free and unobstructed access to the
vessel's bridge, working decks, holding bins, weight scales,
holds, and any other space used to hold, process, weigh, or
store fish.
(5) Allow the observer to inspect and copy the vessel's
log, communications logs, and any records associated with the
catch and distribution of fish for that trip.
§ 622.301 Area and seasonal restrictions.
(a) Pelagic sargassum area and seasonal restrictions--(1)
Area restrictions. (i) No person may harvest pelagic sargassum
in the South Atlantic EEZ between 36°33'01.0" N. lat. (directly
east from the Virginia/North Carolina boundary) and 34° N. lat.,
within 100 nautical miles east of the North Carolina coast.
(ii) No person may harvest or possess pelagic sargassum in
or from the South Atlantic EEZ south of 34° N. lat.
(2) Seasonal restriction. No person may harvest or possess
pelagic sargassum in or from the South Atlantic EEZ during the
months of July through October. This prohibition on possession
does not apply to pelagic sargassum that was harvested and
237
landed ashore prior to the closed period.
(b) [Reserved]
§ 622.302 Minimum mesh size.
(a) The minimum allowable mesh size for a net used to fish
for pelagic sargassum in the South Atlantic EEZ is 4.0 inches
(10.2 cm), stretched mesh, and such net must be attached to a
frame no larger than 4 ft by 6 ft (1.2 m by 1.8 m). A vessel in
the South Atlantic EEZ with a net on board that does not meet
these requirements may not possess any pelagic sargassum.
(b) [Reserved]
§ 622.303 Quotas.
See § 622.8 for general provisions regarding quota
applicability and closure and reopening procedures. This section
provides quotas and specific quota closure restrictions for
South Atlantic pelagic sargassum.
(a) Quota. The quota for all persons who harvest pelagic
sargassum in the South Atlantic EEZ is 5,000 lb (2,268 kg), wet,
landed weight. See § 622.301(a) for area and seasonal
limitations on the harvest of pelagic sargassum.
(b) Restrictions applicable after a quota closure. Pelagic
sargassum may not be fished for or possessed in the South
Atlantic EEZ and the sale or purchase of pelagic sargassum in or
from the South Atlantic EEZ is prohibited. The prohibition on
sale/purchase during a closure for pelagic sargassum does not
apply to pelagic sargassum that was harvested and landed ashore
prior to the effective date of the closure.
Subparts O-P [Reserved]
Return to Table of Contents
Subpart Q--Coastal Migratory Pelagic Resources (Gulf of Mexico
and South Atlantic)
§ 622.369 Description of zones and subzones.
(a) Migratory groups of king mackerel. In the EEZ, king
mackerel are divided into the Gulf migratory group and the
Atlantic migratory group. The Gulf migratory group is bound by a
line extending east of the U.S./Mexico border and the
summer/winter jurisdictional boundary. The Atlantic migratory
group is bound by the summer/winter jurisdictional boundary and
238
a line from the intersection point of Connecticut, Rhode Island,
and New York (as described in § 600.105(a) of this chapter).
From April 1 through October 31, the summer jurisdictional
boundary separates the Gulf and Atlantic migratory groups of
king mackerel by a line extending due west from the
Monroe/Collier County, FL, boundary. From November 1 through
March 31, the winter jurisdictional boundary separates the Gulf
and Atlantic migratory groups of king mackerel by a line
extending due east from the Volusia/Flagler County, FL,
boundary. See Table 1 of this section for the boundary
coordinates. See Figures 1 and 2 in Appendix G of this part for
illustration.
(1) Gulf migratory group. The Gulf migratory group is
divided into western and eastern zones separated by a line
extending due south from the Alabama/Florida border. See Table 1
of this section for the boundary coordinates. See Figures 1 and
2 in Appendix G of this part for illustration.
(i) Western zone. The western zone encompasses an area of
the EEZ north of a line extending east of the US/Mexico border,
and west of a line extending due south of the Alabama/Florida
border, including the EEZ off Texas, Louisiana, Mississippi, and
Alabama. This zone remains the same year round.
(ii) Eastern zone. The eastern zone is divided into the
Florida west coast subzone and the Florida east coast subzone.
(A) Florida west coast subzone. The Florida west coast
subzone is further divided into the northern and southern
subzones by a line extending due west from the Lee/Collier
County, FL, boundary.
(1) Northern subzone. The northern subzone encompasses an
area of the EEZ east of a line extending due south of the
Florida/Alabama border, and north of a line extending due west
of the Lee/Collier County, FL, boundary, and remains the same
area year round.
(2) Southern subzone. From November 1 through March 31, the
southern subzone encompasses an area of the EEZ south of a line
extending due west of the Lee/Collier County, FL, boundary on
the Florida west coast, and south of a line extending due east
of the Monroe/Miami-Dade County, FL, boundary on the Florida
east coast, which includes the EEZ off Collier and Monroe
Counties, FL. From April 1 through October 31, the southern
subzone is reduced to the EEZ off Collier County, and the EEZ
off Monroe County becomes part of the Atlantic migratory group
area.
(B) Florida east coast subzone. From November 1 through
March 31, the Florida east coast subzone encompasses an area of
the EEZ south of a line extending due east of the
Flagler/Volusia County, FL, boundary, and north of a line
239
extending due east of the Miami-Dade/Monroe County, FL,
boundary. From April 1 through October 31, the Florida east
coast subzone is not part of the Gulf migratory group king
mackerel area; it is part of the Atlantic migratory group king
mackerel area.
(2) Atlantic migratory group. The Atlantic migratory group
is divided into the northern and southern zones separated by a
line extending from the North Carolina/South Carolina border, as
specified in § 622.2. See Table 1 of this section for the
boundary coordinates. See Figures 1 and 2 in Appendix G of this
part for illustration. See § 622.385(a)(1) for a description of
the areas for Atlantic migratory group king mackerel commercial
trip limits.
(i) Northern zone. The northern zone encompasses an area of
the EEZ south of a line extending from the intersection point of
New York, Connecticut, and Rhode Island (as described in §
600.105(a) of this chapter), and north of a line extending from
the North Carolina/South Carolina border, as specified in §
622.2, including the EEZ off each state from North Carolina to
New York. This zone remains the same year round.
(ii) Southern zone. From April 1 through October 31, the
southern zone encompasses an area of the EEZ south of a line
extending from the North Carolina/South Carolina border, as
specified in § 622.2, and south of a line extending due west of
the Lee/Collier County, FL, boundary. From November 1 through
March 31, the southern zone encompasses an area of the EEZ south
of a line extending from the North Carolina/South Carolina
border, as specified in § 622.2, and north of a line extending
due east of the Flagler/Volusia County, FL, boundary.
Table 1 to § 622.369--King Mackerel Description of Zones
(For illustration, see Figures 1 and 2 in Appendix G of this
part.)
Area
Boundary 1
Boundary 2
Summer
Winter
Gulf
Migratory
Group--
Western Zone
US/Mexico
A line east of
the
intersection
of
25°58′30.57″
N
lat. and
96°55′27.37″
W
long.
AL/FL
87°31’6” W long.
Gulf
Migratory
Group--
AL/FL
87°31’6” W
long.
Lee/Collier
26°19’48” N lat.
240
Eastern
Zone:
Florida West
Coast
Northern
Subzone
Gulf
Migratory
Group--
Eastern
Zone:
Florida West
Coast
Southern
Subzone
Lee/Collier
26°19’48” N
lat.
Collier/Monroe
25°48’ N lat.
Monroe/Miami-
Dade
25°20’24” N lat.
Gulf
Migratory
Group--
Eastern
Zone:
Florida East
Coast
Subzone
Monroe/Miami-
Dade
25°20’24” N
lat.
NA
Volusia/Flagler
29°25’ N lat.
Atlantic
Migratory
Group--
Northern
Zone
NY/CT/RI
41°18′16.249″
N lat. and
71°54′28.477″
W long.
southeast to
37°22′32.75″
N
lat. and the
intersection
point with the
outward
boundary of
the EEZ
NC/SC, a line extending in a
direction of 135°34’55”
from true
north beginning at 33°51′07.9″N
lat. and 78°32′32.6″ W long. to
the intersection point with the
outward boundary of the EEZ
Atlantic
Migratory
Group--
Southern
Zone
NC/SC, a line
extending in a
direction of
135°34'55"
from true
north
beginning at
33°51′07.9″ N
lat. and
78°32′32.6″ W
long. to the
Collier/Monroe
25°48’ N lat.
Volusia/Flagler
29°25’ N lat.
241
intersection
point with the
outward
boundary of
the EEZ
(b) Migratory groups of Spanish mackerel--(1) Gulf
migratory group. In the EEZ, the Gulf migratory group is bounded
by a line extending east of the US/Mexico border and a line
extending due east of the Monroe/Miami-Dade County, FL,
boundary. See Table 2 of this section for the boundary
coordinates. See Figure 3 in Appendix G of this part for
illustration.
(2) Atlantic migratory group. In the EEZ, the Atlantic
migratory group is bounded by a line extending due east of the
Monroe/Miami-Dade County, FL, boundary and a line extending from
the intersection point of New York, Connecticut, and Rhode
Island (as described in § 600.105(a) of this chapter). The
Atlantic migratory group is divided into the northern and
southern zones. See Table 2 of this section for the boundary
coordinates. See Figure 3 in Appendix G of this part for
illustration. See § 622.385(b)(1) for a description of the areas
for Atlantic migratory group Spanish mackerel commercial trip
limits.
(i) Northern zone. The northern zone encompasses an area of
the EEZ south of a line extending from the intersection point of
New York, Connecticut, and Rhode Island (as described in §
600.105(a) of this chapter), and north of a line extending from
the North Carolina/South Carolina border, as specified in §
622.2, including the EEZ off each state from North Carolina to
New York.
(ii) Southern zone. The southern zone encompasses an area
of the EEZ south of a line extending from the North
Carolina/South Carolina border, as specified in § 622.2, and
north of a line extending due east of the Monroe/Miami-Dade
County, FL, boundary, including the EEZ off South Carolina,
Georgia, and Florida.
Table 2 to § 622.369--Spanish Mackerel Description of Zones
(For illustration, see Figure 3 in Appendix G of this part.)
Area
Boundary 1
Boundary 2
Gulf Migratory
Group
US/Mexico
A line east of the
intersection of
25°58′30.57″ N lat.
and 96°55′27.37″ W
long.
Monroe/Miami-Dade
25°20’24” N lat.
242
Atlantic
Migratory Group--
Northern Zone
NY/CT/RI
41°18′16.249″ N lat.
and 71°54′28.477″ W
long. southeast to
37°22′32.75″ N lat.
and the intersection
point with the
outward boundary of
the EEZ
NC/SC, a line
extending in a
direction of
135°34’55” from true
north beginning at
33°51′07.9″ N lat.
and 78°32′32.6″ W
long. to the
intersection point
with the outward
boundary of the EEZ
Atlantic
Migratory Group--
Southern Zone
NC/SC, a line
extending in a
direction of
135°34’55” from true
north beginning at
33°51′07.9″ N lat.
and 78°32′32.6″ W
long. to the
intersection point
with the outward
boundary of the EEZ
Monroe/Miami-Dade
25°20’24” N lat.
(c) Migratory groups of cobia--(1) Gulf migratory group. In
the EEZ, the Gulf migratory group is bounded by a line extending
east from the U.S./Mexico border and a line extending due east
from the Florida/Georgia border. See Table 3 of this section for
the boundary coordinates. (See Figure 4 in Appendix G of this
part for illustration.)
(i) Gulf zone. The Gulf zone encompasses an area of the EEZ
north of a line extending east of the U.S./Mexico border, and
north and west of the line of demarcation between the Atlantic
Ocean and the Gulf of Mexico (the Council boundary, as described
in § 600.105(c) of this chapter).
(ii) Florida east coast zone. The Florida east coast zone
encompasses an area of the EEZ south and east of the line of
demarcation between the Atlantic Ocean and the Gulf of Mexico
(as described in § 600.105(c) of this chapter), and south of a
line extending due east from the Florida/Georgia border.
(2) Atlantic migratory group. In the EEZ, the Atlantic
migratory group is bounded by a line extending from the
intersection point of New York, Connecticut, and Rhode Island
(as described in § 600.105(a) of this chapter) and a line
extending due east of the Florida/Georgia border. See Table 3 of
this section for the boundary coordinates.
Table 3 to § 622.369--Cobia Description of Zones
243
(For illustration, see Figure 4 in Appendix G of this part.)
Area
Boundary 1
Boundary 2
Gulf Migratory
Group--Gulf Zone
US/Mexico
A line east of the
intersection of
25°58′30.57″ N lat.
and 96°55′27.37″ W
long.
Council Boundary -
the intersection of
the outer boundary of
the EEZ and 83°00′ W
long., north to
24°35′ N lat., (near
the Dry Tortugas
Islands), then east
to the mainland
Gulf Migratory
Group--Florida
East Coast Zone
Council Boundary -
the intersection of
the outer boundary of
the EEZ and 83°00′ W
long., north to
24°35′ N lat., (near
the Dry Tortugas
Islands), then east
to the mainland
FL/GA
30°42'45.6" N lat.
Atlantic Migratory
Group
NY/CT/RI
41°18′16.249″ N lat.
and 71°54′28.477″ W
long. southeast to
37°22′32.75″ N lat.
and the intersection
point with the
outward boundary of
the EEZ
FL/GA
30°42'45.6" N lat.
§ 622.370 Permits.
(a) Commercial vessel permits--(1) King mackerel. For a
person aboard a vessel to be eligible for exemption from the bag
limits, to fish under a quota, or to sell king mackerel in or
from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a commercial
vessel permit for king mackerel must have been issued to the
vessel and must be on board. See § 622.371 regarding a limited
access system applicable to commercial vessel permits for king
mackerel and transfers of permits under the limited access
system.
(2) Gillnets for king mackerel in the southern Florida west
coast subzone. For a person aboard a vessel to use a run-around
gillnet for king mackerel in the southern Florida west coast
subzone (see § 622.384(b)(1)(i)(C)), a commercial vessel permit
for king mackerel and a king mackerel gillnet permit must have
been issued to the vessel and must be on board. See § 622.372
244
regarding a limited access system applicable to king mackerel
gillnet permits in the southern Florida west coast subzone and
restrictions on transferability of king mackerel gillnet
permits.
(3) Spanish mackerel. For a person aboard a vessel to be
eligible for exemption from the bag limits, to fish under a
quota, or to sell Spanish mackerel in or from the Gulf, Mid-
Atlantic, or South Atlantic EEZ, a commercial vessel permit for
Spanish mackerel must have been issued to the vessel and must be
on board.
(b) Charter vessel/headboat permits. (1) For a person
aboard a vessel that is operating as a charter vessel or
headboat to fish for or possess, in or from the EEZ, Gulf
coastal migratory pelagic fish or South Atlantic coastal
migratory pelagic fish, a valid charter vessel/headboat permit
for Gulf coastal migratory pelagic fish or South Atlantic
coastal migratory pelagic fish, respectively, must have been
issued to the vessel and must be on board.
(i) See § 622.373 regarding a limited access system for
charter vessel/headboat permits for Gulf coastal migratory
pelagic fish.
(ii) A charter vessel or headboat may have both a charter
vessel/headboat permit and a commercial vessel permit. However,
when a vessel is operating as a charter vessel or headboat, a
person aboard must adhere to the bag limits. See the definitions
of "Charter vessel" and "Headboat" in § 622.2 for an explanation
of when vessels are considered to be operating as a charter
vessel or headboat, respectively.
(2) [Reserved]
(c) Dealer permits and conditions--(1) Permits. For a
dealer to first receive Gulf or South Atlantic coastal migratory
pelagic fish harvested in or from the EEZ, a Gulf and South
Atlantic dealer permit must be issued to the dealer.
(2) State license and facility requirements. To obtain a
dealer permit, the applicant must have a valid state
wholesaler's license in the state(s) where the dealer operates,
if required by such state(s), and must have a physical facility
at a fixed location in such state(s).
(d) Permit procedures. See § 622.4 for information
regarding general permit procedures including, but not limited
to application, fees, duration, transfer, renewal, display,
sanctions and denials, and replacement.
§ 622.371 Limited access system for commercial vessel permits
for king mackerel.
(a) No applications for additional commercial vessel
245
permits for king mackerel will be accepted. Existing vessel
permits may be renewed, are subject to the restrictions on
transfer or change in paragraph (b) of this section, and are
subject to the requirement for timely renewal in paragraph (c)
of this section.
(b) An owner of a permitted vessel may transfer the
commercial vessel permit for king mackerel issued under this
limited access system to another vessel owned by the same
entity.
(c) NMFS will not reissue a commercial vessel permit for
king mackerel if the permit is revoked or if the RA does not
receive an application for renewal within one year of the
permit's expiration date.
§ 622.372 Limited access system for king mackerel gillnet
permits applicable in the southern Florida west coast subzone.
(a) Except for applications for renewals of king mackerel
gillnet permits, no applications for king mackerel gillnet
permits will be accepted. Application forms for permit renewal
are available from the RA.
(b) An owner of a vessel with a king mackerel gillnet
permit issued under this limited access system may transfer that
permit upon a change of ownership of a permitted vessel with
such permit from one to another of the following: Husband, wife,
son, daughter, brother, sister, mother, or father. Such permit
also may be transferred to another vessel owned by the same
entity.
(c) A king mackerel gillnet permit that is not renewed or
that is revoked will not be reissued. A permit is considered to
be not renewed when an application for renewal is not received
by the RA within one year after the expiration date of the
permit.
(d) Renewal criteria for a king mackerel gillnet permit. A
king mackerel gillnet permit may be renewed only if NMFS
determines at least 1 year of landings from 2006 to 2015
associated with that permit was greater than 1 lb (0.45 kg),
round or gutted weight.
(1) Initial determination. On or about December 24, 2015,
the RA will mail each king mackerel gillnet permittee a letter
via certified mail, return receipt requested, to the permittee's
address of record as listed in NMFS' permit files, advising the
permittee whether the permit is eligible for renewal. A
permittee who does not receive a letter from the RA, must
contact the RA no later than December 31, 2015, to clarify the
renewal status of the permit. A permittee who is advised that
the permit is not renewable based on the RA's determination of
246
eligibility and who disagrees with that determination may appeal
that determination.
(2) Procedure for appealing landings information. The only
item subject to appeal is the landings used to determine whether
the permit is eligible for renewal. Appeals based on hardship
factors will not be considered. Any appeal under this regulation
will be processed by the NMFS National Appeals Office. Appeals
will be governed by the regulations and policy of the National
Appeals Office at 15 CFR part 906. Appeals must be submitted to
the National Appeals Office no later than 90 days after the date
the initial determination in issued. Determinations of appeals
regarding landings data for 2006 to 2015 will be based on NMFS'
logbook records, submitted on or before February 16, 2016. If
NMFS' logbooks are not available, state landings records or data
for 2006 to 2015 that were submitted in compliance with
applicable Federal and state regulations on or before February
16, 2016, may be used.
§ 622.373 Limited access system for charter vessel/headboat
permits for Gulf coastal migratory pelagic fish.
(a) No applications for additional charter vessel/headboat
permits for Gulf coastal migratory pelagic fish will be
accepted. Existing permits may be renewed, are subject to the
restrictions on transfer in paragraph (b) of this section, and
are subject to the renewal requirements in paragraph (c) of this
section.
(b) Transfer of permits--(1) Permits without a historical
captain endorsement. A charter vessel/headboat permit for Gulf
coastal migratory pelagic fish that does not have a historical
captain endorsement is fully transferable, with or without sale
of the permitted vessel.
(2) Permits with a historical captain endorsement. A
charter vessel/headboat permit for Gulf coastal migratory
pelagic fish that has a historical captain endorsement may only
be transferred to a vessel operated by the historical captain
and is not otherwise transferable.
(3) Procedure for permit transfer. To request that the RA
transfer a charter vessel/headboat permit for Gulf coastal
migratory pelagic fish, the owner of the vessel who is
transferring the permit and the owner of the vessel that is to
receive the transferred permit must complete the transfer
information on the reverse side of the permit and return the
permit and a completed application for transfer to the RA. See §
622.4(f) for additional transfer-related requirements applicable
to all permits issued under this section.
(c) Renewal. (1) Renewal of a charter vessel/headboat
247
permit for Gulf coastal migratory pelagic fish is contingent
upon the permitted vessel and/or captain, as appropriate, being
included in an active survey frame for, and, if selected to
report, providing the information required in one of the
approved fishing data surveys. Surveys include, but are not
limited to–-
(i) NMFS' Marine Recreational Fishing Vessel Directory
Telephone Survey (conducted by the Gulf States Marine Fisheries
Commission);
(ii) NMFS' Southeast Headboat Survey (as required by §
622.26(b)(1));
(iii) Texas Parks and Wildlife Marine Recreational Fishing
Survey; or
(iv) A data collection system that replaces one or more of
the surveys in paragraphs (c)(1)(i), (ii), or (iii) of this
section.
(2) A charter vessel/headboat permit for Gulf coastal
migratory pelagic fish that is not renewed or that is revoked
will not be reissued. A permit is considered to be not renewed
when an application for renewal, as required, is not received by
the RA within 1 year of the expiration date of the permit.
(d) Requirement to display a vessel decal. Upon renewal or
transfer of a charter vessel/headboat permit for Gulf coastal
migratory pelagic fish, the RA will issue the owner of the
permitted vessel a vessel decal for that fishery. The vessel
decal must be displayed on the port side of the deckhouse or
hull and must be maintained so that it is clearly visible.
(e) Passenger capacity compliance requirement. A vessel
operating as a charter vessel or headboat with a valid charter
vessel/headboat permit for Gulf coastal migratory pelagic fish,
which is carrying more passengers on board the vessel than is
specified on the permit, is prohibited from harvesting or
possessing the species identified on the permit.
§ 622.374 Recordkeeping and reporting.
(a) Commercial vessel owners and operators. The owner or
operator of a vessel that fishes for or lands coastal migratory
pelagic fish for sale in or from the Gulf, Mid-Atlantic, or
South Atlantic EEZ or adjoining state waters, or whose vessel is
issued a commercial permit for king or Spanish mackerel, as
required under § 622.370(a)(1) or (3), respectively, who is
selected to report by the SRD, must maintain a fishing record on
a form available from the SRD. These completed fishing records
must be submitted to the SRD postmarked not later than 7 days
after the end of each fishing trip. If no fishing occurred
during a calendar month, a report so stating must be submitted
248
on one of the forms postmarked not later than 7 days after the
end of that month. Information to be reported is indicated on
the form and its accompanying instructions.
(b) Charter vessel/headboat owners and operators--(1)
General reporting requirement--(i) Charter vessels. The owner or
operator of a charter vessel for which a charter vessel/headboat
permit for Gulf coastal migratory pelagic fish has been issued,
as required under § 622.370(b)(1), or whose vessel fishes for or
lands Gulf or South Atlantic coastal migratory fish in or from
state waters adjoining the Gulf or South Atlantic EEZ, who is
selected to report by the SRD must maintain a fishing record for
each trip, or a portion of such trips as specified by the SRD,
on forms provided by the SRD and must submit such record as
specified in paragraph (b)(2)(i) of this section.
(ii) Headboats. The owner or operator of a headboat for
which a charter vessel/headboat permit for Gulf coastal
migratory fish or South Atlantic coastal migratory pelagic fish
has been issued, as required under § 622.370(b)(1), or whose
vessel fishes for or lands Gulf or South Atlantic coastal
migratory pelagic fish in or from state waters adjoining the
Gulf or South Atlantic EEZ, who is selected to report by the SRD
must submit an electronic fishing record for each trip of all
fish harvested within the time period specified in paragraph
(b)(2)(ii) of this section, via the Southeast Region Headboat
Survey.
(2) Reporting deadlines--(i) Charter vessels. Completed
fishing records required by paragraph (b)(1)(i) of this section
for charter vessels must be submitted to the SRD weekly,
postmarked no later than 7 days after the end of each week
(Sunday). Information to be reported is indicated on the form
and its accompanying instructions.
(ii) Headboats. Electronic fishing records required by
paragraph (b)(1)(ii) of this section for headboats must be
submitted at weekly intervals (or intervals shorter than a week
if notified by the SRD) by 11:59 p.m., local time, the Sunday
following a reporting week. If no fishing activity occurred
during a reporting week, an electronic report so stating must be
submitted for that reporting week by 11:59 p.m., local time, the
Sunday following a reporting week.
(3) Catastrophic conditions. During catastrophic conditions
only, NMFS provides for use of paper forms for basic required
functions as a backup to the electronic reports required by
paragraph (b)(1)(ii) of this section. The RA will determine when
catastrophic conditions exist, the duration of the catastrophic
conditions, and which participants or geographic areas are
deemed affected by the catastrophic conditions. The RA will
provide timely notice to affected participants via publication
249
of notification in the Federal Register, NOAA weather radio,
fishery bulletins, and other appropriate means and will
authorize the affected participants’ use of paper-based
components for the duration of the catastrophic conditions. The
paper forms will be available from NMFS. During catastrophic
conditions, the RA has the authority to waive or modify
reporting time requirements.
(4) Compliance requirement. Electronic reports required by
paragraph (b)(1)(ii) of this section must be submitted and
received by NMFS according to the reporting requirements under
this section. A report not received within the time specified in
paragraph (b)(2)(ii) is delinquent. A delinquent report
automatically results in the owner and operator of a headboat
for which a charter vessel/headboat permit for Gulf coastal
migratory pelagic fish has been issued being prohibited from
harvesting or possessing such species, regardless of any
additional notification to the delinquent owner and operator by
NMFS. The owner and operator who are prohibited from harvesting
or possessing such species due to delinquent reports are
authorized to harvest or possess such species only after all
required and delinquent reports have been submitted and received
by NMFS according to the reporting requirements under this
section.
(c) Dealers. (1) A dealer who first receives Gulf or South
Atlantic coastal migratory pelagic fish must maintain records
and submit information as specified in § 622.5(c).
(2) Alternate SRD. For the purpose of § 622.5(c), in the
states from New York through Virginia, or in the waters off
those states, “SRD” means the Science and Research Director,
Northeast Fisheries Science Center, NMFS, or a designee.
§ 622.375 Authorized and unauthorized gear.
(a) Authorized gear--(1) King and Spanish mackerel. Subject
to the prohibitions on gear/methods specified in § 622.9, the
following are the only fishing gears that may be used in the
Gulf, Mid-Atlantic, and South Atlantic EEZ in directed fisheries
for king and Spanish mackerel:
(i) King mackerel, Atlantic migratory group--
(A) North of 34°37.3' N. lat., the latitude of Cape Lookout
Light, NC--all gear except drift gillnet and long gillnet.
(B) South of 34°37.3' N. lat.--automatic reel, bandit gear,
handline, and rod and reel.
(ii) King mackerel, Gulf migratory group--hook-and-line
gear and, in the southern Florida west coast subzone only, run-
around gillnet. (See § 622.369(a)(1)(ii)(A)(2) for a description
of the Florida west coast southern subzone.)
250
(iii) Spanish mackerel, Atlantic migratory group--automatic
reel, bandit gear, handline, rod and reel, cast net, run-around
gillnet, and stab net.
(iv) Spanish mackerel, Gulf migratory group--all gear
except drift gillnet, long gillnet, and purse seine.
(2) Cobia. Subject to the prohibitions on gear/methods
specified in § 622.9, the following are the only fishing gears
that may be used in the Gulf, Mid-Atlantic, and South Atlantic
EEZ for cobia.
(i) Cobia in the Mid-Atlantic and South Atlantic EEZ--
automatic reel, bandit gear, handline, rod and reel, pelagic
longline, and spear (including powerheads).
(ii) Cobia in the Gulf EEZ--all gear except drift gillnet
and long gillnet.
(b) Unauthorized gear. Gear types other than those
specified in paragraph (a) of this section are unauthorized gear
and the following possession limitations apply:
(1) Long gillnets. A vessel with a long gillnet on board
in, or that has fished on a trip in, the Gulf, Mid-Atlantic, or
South Atlantic EEZ may not have on board on that trip a coastal
migratory pelagic fish.
(2) Drift gillnets. A vessel with a drift gillnet on board
in, or that has fished on a trip in, the Gulf EEZ may not have
on board on that trip a coastal migratory pelagic fish.
(3) Other unauthorized gear. Except as specified in
paragraph (b)(4) of this section, a person aboard a vessel with
unauthorized gear other than a drift gillnet in the Gulf EEZ or
a long gillnet on board in, or that has fished in, the EEZ where
such gear is not authorized in paragraph (a) of this section, is
subject to the bag limits for king and Spanish mackerel
specified in § 622.382(a)(1)(ii) and (iv), respectively, and to
the limit on cobia specified in § 622.383(b).
(4) Exception for king mackerel in the Gulf EEZ. The
provisions of this paragraph (b)(4) apply to king mackerel taken
in the Gulf EEZ and to such king mackerel possessed in the Gulf.
Paragraph (b)(3) of this section notwithstanding, a person
aboard a vessel that has a valid commercial permit for king
mackerel is not subject to the bag limit for king mackerel when
the vessel has on board on a trip unauthorized gear other than a
drift gillnet in the Gulf EEZ, a long gillnet, or a run-around
gillnet in an area other than the southern Florida west coast
subzone. Thus, the following applies to a vessel that has a
commercial permit for king mackerel:
(i) Such vessel may not use unauthorized gear in a directed
fishery for king mackerel in the Gulf EEZ.
(ii) If such a vessel has a drift gillnet or a long gillnet
on board or a run-around gillnet in an area other than the
251
southern Florida west coast subzone, no king mackerel may be
possessed.
(iii) If such a vessel has unauthorized gear on board other
than a drift gillnet in the Gulf EEZ, a long gillnet, or a run-
around gillnet in an area other than the southern Florida west
coast subzone, the possession of king mackerel taken
incidentally is restricted only by the closure provisions of §
622.384(e) and the trip limits specified in § 622.385(a). See
also § 622.379 regarding the purse seine incidental catch
allowance of king mackerel.
§ 622.376 Gear identification.
(a) Spanish mackerel gillnet buoys. On board a vessel with
a valid Spanish mackerel permit that is fishing for Spanish
mackerel in, or that possesses Spanish mackerel in or from, the
South Atlantic EEZ off Florida north of 25°20.4' N. lat., which
is a line directly east from the Miami-Dade/Monroe County, FL,
boundary, the float line of each gillnet possessed, including
any net in use, must have a maximum of nine distinctive floats,
i.e., different from the usual net buoys, spaced uniformly at a
distance of 100 yd (91.4 m) or less. Each such distinctive float
must display the official number of the vessel.
(b) [Reserved]
§ 622.377 Gillnet restrictions.
(a) Gillnets for king mackerel. The minimum allowable mesh
size for a gillnet used to fish in the Gulf, Mid-Atlantic, or
South Atlantic EEZ for king mackerel is 4.75 inches (12.1 cm),
stretched mesh. A vessel in such EEZ, or having fished on a trip
in such EEZ, with a gillnet on board that has a mesh size less
than 4.75 (12.1 cm) inches, stretched mesh, may not possess on
that trip an incidental catch of king mackerel that exceeds 10
percent, by number, of the total lawfully possessed Spanish
mackerel on board.
(b) Gillnets for Spanish mackerel. (1) The minimum
allowable mesh size for a gillnet used to fish for Spanish
mackerel in the Gulf, Mid-Atlantic, or South Atlantic EEZ is 3.5
inches (8.9 cm), stretched mesh.
(i) A vessel in the Gulf EEZ, or having fished on a trip in
the Gulf EEZ, with a gillnet on board that has a mesh size less
than 3.5 inches (8.9 cm), stretched mesh, may not possess on
that trip any Spanish mackerel.
(ii) A vessel in the South Atlantic or Mid-Atlantic EEZ, or
having fished on a trip in such EEZ, with a gillnet on board
that has a mesh size less than 3.5 inches (8.9 cm), stretched
252
mesh, may possess or land on the day of that trip no more than
500 lb (227 kg) of incidentally caught Spanish mackerel.
(2) On board a vessel with a valid Spanish mackerel permit
that is fishing for Spanish mackerel in, or that possesses
Spanish mackerel in or from, the South Atlantic EEZ off Florida
north of 25°20.4' N. lat., which is a line directly east from
the Miami-Dade/Monroe County, FL, boundary--
(i) No person may fish with, set, place in the water, or
have on board a gillnet with a float line longer than 800 yd
(732 m).
(ii) No person may fish with, set, or place in the water
more than one gillnet at any one time.
(iii) No more than two gillnets, including any net in use,
may be possessed at any one time, except for a vessel with a
valid commercial vessel permit for Spanish mackerel engaged in a
transfer as specified in paragraph (b)(2)(vi) of this section.
If two gillnets, including any net in use, are possessed at any
one time, they must have stretched mesh sizes (as allowed under
the regulations) that differ by at least .25 inch (.64 cm),
except for a vessel with a valid commercial vessel permit for
Spanish mackerel engaged in a transfer as specified in paragraph
(b)(2)(vi) of this section, in which case the vessel may possess
two gillnets of the same mesh size provided that one of the nets
is transferred to that vessel.
(iv) No person may soak a gillnet for more than 1 hour. The
soak period begins when the first mesh is placed in the water
and ends either when the first mesh is retrieved back on board
the vessel or the gathering of the gillnet is begun to
facilitate retrieval on board the vessel, whichever occurs
first; providing that, once the first mesh is retrieved or the
gathering is begun, the retrieval is continuous until the
gillnet is completely removed from the water.
(v) The float line of each gillnet possessed, including any
net in use, must have the distinctive floats specified in §
622.376(a).
(vi) A portion of a gillnet may be transferred at sea only
in the EEZ and only from a vessel with a valid commercial vessel
permit for Spanish mackerel that has exceeded a trip limit
specified in § 622.385 (b) to another vessel with a valid
commercial vessel permit for Spanish mackerel that has not yet
reached the trip limit (the receiving vessel). Only one such
transfer is allowed per vessel per day. In addition, to complete
a legal transfer at sea, all of the following must apply:
(A) All fish exceeding the applicable commercial trip limit
may not be removed from the gillnet until the transfer is
complete (i.e., the gillnet is onboard the receiving vessel).
253
The fish transferred to the receiving vessel may not exceed the
applicable commercial trip limit.
(B) The receiving vessel may possess no more than three
gillnets on board after the transfer is complete.
(C) Prior to cutting the gillnet and prior to any transfer
of Spanish mackerel from one vessel to another, the owner or
operator of both vessels must contact NMFS Office for Law
Enforcement, Port Orange, Florida, phone: 1-386-492-6686.
§ 622.378 Seasonal closures of the Gulf group king mackerel
gillnet fishery.
(a) Seasonal closures of the gillnet component for Gulf
migratory group king mackerel. The gillnet component for Gulf
group king mackerel in or from the Florida west coast southern
subzone is closed each fishing year from July 1 until 6 a.m. on
the day after the Martin Luther King Jr. Federal holiday. The
gillnet component is open on the first weekend following the
Martin Luther King Jr. holiday, provided a notification of
closure has not been filed under § 622.8(b). The gillnet
component is closed all subsequent weekends and observed Federal
holidays. Weekend closures are effective from 6 a.m. Saturday to
6 a.m. Monday. Holiday closures are effective from 6 a.m. on the
observed Federal holiday to 6 a.m. the following day. All times
are eastern standard time. During these closures, a person
aboard a vessel using or possessing a gillnet with a stretched-
mesh size of 4.75 inches (12.1 cm) or larger in the southern
Florida west coast subzone may not fish for or possess Gulf
migratory group king mackerel. (See § 622.369(a)(1)(ii)(A)(2)
for a description of the Florida west coast southern subzone.)
(b) [Reserved]
§ 622.379 Purse seine incidental catch allowance.
(a) A vessel in the EEZ, or having fished in the EEZ, with
a purse seine on board will not be considered as fishing, or
having fished, for king or Spanish mackerel in violation of a
prohibition of purse seines under § 622.375(b), in violation of
the possession limits under § 622.375(b)(3), or, in the case of
king mackerel from the Atlantic migratory group, in violation of
a closure effected in accordance with § 622.8(b), provided the
king mackerel on board does not exceed 1 percent, or the Spanish
mackerel on board does not exceed 10 percent, of all fish on
board the vessel. Incidental catch will be calculated by number
and/or weight of fish. Neither calculation may exceed the
allowable percentage. Incidentally caught king or Spanish
mackerel are counted toward the quotas provided for under §
254
622.384 and are subject to the prohibition of sale under §
622.384(e)(3).
(b) [Reserved]
§ 622.380 Size limits.
All size limits in this section are minimum size limits
unless specified otherwise. A fish not in compliance with its
size limit, as specified in this section, in or from the Gulf,
South Atlantic, or Mid-Atlantic EEZ, as appropriate, may not be
possessed, sold, or purchased. A fish not in compliance with its
size limit must be released immediately with a minimum of harm.
The operator of a vessel that fishes in the EEZ is responsible
for ensuring that fish on board are in compliance with the size
limits specified in this section.
(a) Cobia in the Gulf, Mid-Atlantic, or South Atlantic--33
inches (83.8 cm), fork length.
(b) King mackerel in the Gulf, South Atlantic, or Mid-
Atlantic--24 inches (61.0 cm), fork length, except that a vessel
fishing under a quota for king mackerel specified in
§ 622.384(b) may possess undersized king mackerel in quantities
not exceeding 5 percent, by weight, of the king mackerel on
board.
(c) Spanish mackerel in the Gulf, South Atlantic, or Mid-
Atlantic--12 inches (30.5 cm), fork length, except that a vessel
fishing under a quota for Spanish mackerel specified in §
622.384(c) may possess undersized Spanish mackerel in quantities
not exceeding 5 percent, by weight, of the Spanish mackerel on
board.
§ 622.381 Landing fish intact.
(a) Cobia, king mackerel, and Spanish mackerel in or from
the Gulf, Mid-Atlantic, or South Atlantic EEZ, except as
specified for king mackerel and Spanish mackerel in paragraph
(b) of this section, must be maintained with head and fins
intact. Such fish may be eviscerated, gilled, and scaled, but
must otherwise be maintained in a whole condition. The operator
of a vessel that fishes in the EEZ is responsible for ensuring
that fish on that vessel in the EEZ are maintained intact and,
if taken from the EEZ, are maintained intact through offloading
ashore, as specified in this section.
(b) Cut-off (damaged) king or Spanish mackerel that comply
with the minimum size limits in § 622.380(b) and (c),
respectively, and the trip limits in § 622.385(a) and (b),
respectively, may be possessed in the Gulf, Mid-Atlantic, or
South Atlantic EEZ on, and offloaded ashore from, a vessel that
255
is operating under the respective trip limits. Such cut-off fish
also may be sold. A maximum of five additional cut-off (damaged)
king mackerel, not subject to the size limits or trip limits,
may be possessed or offloaded ashore but may not be sold or
purchased and are not counted against the trip limit.
§ 622.382 Bag and possession limits.
Section 622.11(a) provides the general applicability for
bag and possession limits.
(a) King and Spanish mackerel--(1) Bag limits. (i) Atlantic
migratory group king mackerel--
(A) Mid-Atlantic and South Atlantic, other than off
Florida--3.
(B) Off Florida--2, which is the daily bag limit specified
by Florida for its waters (Rule 68B-12.004(1), Florida
Administrative Code, in effect as of July 15, 1996 (incorporated
by reference, see § 622.413). If Florida changes its limit, the
bag limit specified in this paragraph (a)(1)(i)(B) will be
changed to conform to Florida's limit, provided such limit does
not exceed 5.
(ii) Gulf migratory group king mackerel--2.
(iii) Atlantic migratory group Spanish mackerel--15.
(iv) Gulf migratory group Spanish mackerel--15.
(v) Coastal migratory pelagic fish within certain South
Atlantic SMZs--§ 622.11(a) notwithstanding, all harvest and
possession of coastal migratory pelagic fish within the South
Atlantic SMZs specified in § 622.182(a)(1)(i) through (xi),
(a)(1)(xx), and (a)(1)(xxii) through (xxxix) is limited to the
bag limits specified in paragraphs (a)(1)(i) through (iv) of
this section.
(2) Possession limits. A person who is on a trip that spans
more than 24 hours may possess no more than two daily bag
limits, provided such trip is on a vessel that is operating as a
charter vessel or headboat, the vessel has two licensed
operators aboard, and each passenger is issued and has in
possession a receipt issued on behalf of the vessel that
verifies the length of the trip.
(b) [Reserved]
§ 622.383 Limited harvest species.
(a) General. (1) The harvest and possession restrictions of
this section apply without regard to whether the species is
harvested by a vessel operating under a commercial vessel
permit. The operator of a vessel that fishes in the EEZ is
responsible for the limit applicable to that vessel.
256
(2) A person who fishes in the EEZ may not combine a
harvest limitation specified in this section with a harvest
limitation applicable to state waters. A species subject to a
harvest limitation specified in this section taken in the EEZ
may not be transferred at sea, regardless of where such transfer
takes place, and such species may not be transferred in the EEZ.
(b) Cobia. No person may possess more than two cobia per
day in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ,
regardless of the number of trips or duration of a trip.
§ 622.384 Quotas.
See § 622.8 for general provisions regarding quota
applicability and closure and reopening procedures. See §
622.369 for the descriptions of the zones. This section provides
quotas and specific quota closure restrictions for coastal
migratory pelagic fish. All weights are in round and eviscerated
weight combined, unless specified otherwise.
(a) King and Spanish mackerel quotas apply to persons who
fish under commercial vessel permits for king or Spanish
mackerel, as required under § 622.370(a)(1) or (3). A fish is
counted against the quota for the area where it is caught, not
where it is landed.
(b) King mackerel--(1) Gulf migratory group. The Gulf
migratory group is divided into zones and subzones. The
descriptions of the zones and subzones are specified in §
622.369(a). Quotas for the eastern and western zones are as
follows:
(i) Eastern zone. The eastern zone is divided into subzones
with quotas as follows:
(A) Florida east coast subzone--1,102,896 lb (500,265 kg).
(B) Florida west coast subzone--(1) Southern subzone. The
hook-and-line quota is 551,448 lb (250,133 kg) and the run-
around gillnet quota is 551,448 lb (250,133 kg).
(2) Northern subzone--178,848 lb (81,124 kg).
(ii) Western zone--1,071,360 lb (485,961 kg).
(2) Atlantic migratory group. The Atlantic migratory group
is divided into northern and southern zones. The descriptions of
the zones are specified in § 622.369(a). Quotas for the northern
and southern zones for the 2015-2016 fishing year and subsequent
years are as follows:
(i) Northern zone--1,292,040 lb (586,059 kg). No more than
0.40 million lb (0.18 million kg) may be harvested by purse
seines.
(ii) Southern zone--2,587,960 lb (1,173,879 kg).
(iii) Quota transfers. North Carolina or Florida, in
consultation with the other states in their respective zones,
257
may request approval from the RA to transfer part or all of
their respective zone’s annual commercial quota to the other
zone. Requests for transfer of commercial quota for king
mackerel must be made by a letter signed by the principal state
official with marine fishery management responsibility and
expertise of the state requesting the transfer, or his/her
previously named designee. The letter must certify that all
pertinent state requirements have been met and identify the
states involved and the amount of quota to be transferred. For
the purposes of quota closures as described in § 622.8, the
receiving zone’s quota will be the original quota plus any
transferred amount, for that fishing season only. Landings
associated with any transferred quota will be included in the
total landings for the Atlantic migratory group, which will be
evaluated relative to the total ACL.
(A) Within 10 working days following the receipt of the
letter from the state requesting the transfer, the RA shall
notify the appropriate state officials of the disposition of the
request. In evaluating requests to transfer a quota, the RA
shall consider whether:
(1) The transfer would allow the overall annual quota to be
fully harvested; and
(2) The transfer is consistent with the objectives of the
FMP and the Magnuson-Stevens Act.
(B) The transfer of quota will be valid only for the
fishing year for which the request was made and does not
permanently alter the quotas specified in paragraphs (b)(2)(i)
and (b)(2)(ii) of this section.
(3) Transit provisions applicable in areas closed due to a
quota closure for king mackerel. A vessel with a valid
commercial vessel permit for king mackerel that has onboard king
mackerel harvested in an open area of the EEZ may transit
through areas closed to the harvest of king mackerel due to a
quota closure, if fishing gear is appropriately stowed. For the
purpose of paragraph (b) of this section, transit means direct
and non-stop continuous course through the area. To be
appropriately stowed fishing gear means--
(i) A gillnet must be left on the drum. Any additional
gillnets not attached to the drum must be stowed below deck.
(ii) A rod and reel must be removed from the rod holder and
stowed securely on or below deck. Terminal gear (i.e., hook,
leader, sinker, flasher, or bait) must be disconnected and
stowed separately from the rod and reel. Sinkers must be
disconnected from the down rigger and stowed separately.
(c) Spanish mackerel--(1) Gulf migratory group. [Reserved]
(2) Atlantic migratory group. The Atlantic migratory group
is divided into northern and southern zones. The descriptions of
258
the zones are specified in § 622.369(b). The quota for the
Atlantic migratory group of Spanish mackerel is 3.33 million lb
(1.51 million kg). Quotas for the northern and southern zones
are as follows:
(i) Northern zone--662,670 lb (300,582 kg).
(ii) Southern zone--2,667,330 lb (1,209,881 kg).
(iii) Quota transfers. North Carolina or Florida, in
consultation with the other states in their respective zones,
may request approval from the RA to transfer part or all of
their respective zone’s annual commercial quota to the other
zone. Requests for transfer of commercial quota for Spanish
mackerel must be made by a letter signed by the principal state
official with marine fishery management responsibility and
expertise, or his/her previously named designee, for each state
involved. The letter must certify that all pertinent state
requirements have been met and identify the states involved and
the amount of quota to be transferred. For the purposes of quota
closures as described in § 622.8, the receiving zone’s quota
will be the original quota plus any transferred amount, for that
fishing season only. Landings associated with any transferred
quota will be included in the total landings for the Atlantic
migratory group, which will be evaluated relative to the total
ACL.
(A) Within 10 working days following the receipt of the
letter from the states involved, the RA shall notify the
appropriate state officials of the disposition of the request.
In evaluating requests to transfer a quota, the RA shall
consider whether:
(1) The transfer would allow the overall annual quota to be
fully harvested; and
(2) The transfer is consistent with the objectives of the
FMP and the Magnuson-Stevens Act.
(B) The transfer of quota will be valid only for the
fishing year for which the request was made and does not
permanently alter any zone's quota specified in paragraph
(c)(2)(i) or (c)(2)(ii) of this section.
(d) Cobia--(1) Gulf migratory group--(i) Gulf zone. For the
2014 fishing year, the stock quota for the Gulf migratory group
of cobia in the Gulf zone is 1,420,000 lb (644,101 kg). For the
2015 fishing year, the stock quota is 1,450,000 lb (657,709 kg).
For the 2016 fishing year and subsequent fishing years, the
stock quota is 1,500,000 lb (680,389 kg).
(ii) Florida east coast zone. The following quota applies
to persons who fish for cobia and sell their catch. The quota
for the Gulf migratory group of cobia in the Florida east coast
zone is 70,000 lb (31,751 kg).
(2) Atlantic migratory group. The following quotas apply to
259
persons who fish for cobia and sell their catch. For the 2014
and 2015 fishing years, the quota for the Atlantic migratory
group of cobia is 60,000 lb (27,216 kg). The quota for the 2016
fishing year and subsequent fishing years is 50,000 lb (22,680
kg).
(e) Restrictions applicable after a quota closure. (1) A
person aboard a vessel for which a commercial permit for king or
Spanish mackerel has been issued, as required under §
622.370(a)(1) or (3), may not fish for king or Spanish mackerel
in the EEZ or retain king or Spanish mackerel in or from the EEZ
under a bag or possession limit specified in § 622.382(a) for
the closed species, migratory group, zone, subzone, or gear,
except as provided for under paragraph (e)(2) of this section.
(2) A person aboard a vessel for which valid charter
vessel/headboat permits for Gulf coastal migratory pelagic fish
or South Atlantic coastal migratory pelagic fish and a valid
commercial vessel permit for king or Spanish mackerel have been
issued may continue to retain fish under a bag and possession
limit specified in § 622.382(a), provided the vessel is
operating as a charter vessel or headboat.
(3) The sale or purchase of king mackerel, Spanish
mackerel, or cobia of the closed species, migratory group,
subzone, or gear type, is prohibited, including any king or
Spanish mackerel taken under the bag limits, or cobia taken
under the limited-harvest species possession limit specified in
§ 622.383(b). The prohibition on sale/purchase during a closure
for coastal migratory pelagic fish does not apply to coastal
migratory pelagic fish that were harvested, landed ashore, and
sold prior to the effective date of the closure and were held in
cold storage by a dealer or processor.
§ 622.385 Commercial trip limits.
Commercial trip limits are limits on the amount of the
applicable species that may be possessed on board or landed,
purchased, or sold from a vessel per day. A person who fishes in
the EEZ may not combine a trip limit specified in this section
with any trip or possession limit applicable to state waters.
Except for Atlantic migratory group Spanish mackerel harvested
by gillnet, as specified in § 622.377(b)(2)(vi), a species
subject to a trip limit specified in this section taken in the
EEZ may not be transferred at sea, regardless of where such
transfer takes place, and such species may not be transferred in
the EEZ. Commercial trip limits apply as follows (all weights
are round or eviscerated weights unless specified otherwise):
(a) King mackerel--(1) Atlantic migratory group. The
following trip limits apply to vessels for which commercial
260
permits for king mackerel have been issued, as required under §
622.370(a)(1):
(i) North of 29°25' N. lat., which is a line directly east
from the Flagler/Volusia County, FL, boundary, king mackerel in
or from the EEZ may not be possessed on board or landed from a
vessel in a day in amounts exceeding 3,500 lb (1,588 kg).
(ii) In the area between 29°25' N. lat. and 28°47.8' N.
lat., which is a line directly east from the Volusia/Brevard
County, FL, boundary, king mackerel in or from the EEZ may not
be possessed on board or landed from a vessel in a day in
amounts exceeding 3,500 lb (1,588 kg) from April 1 through
October 31.
(iii) In the area between 28°47.8' N. lat. and 25°20.4' N.
lat., which is a line directly east from the Miami-Dade/Monroe
County, FL, boundary, king mackerel in or from the EEZ may not
be possessed on board or landed from a vessel in a day in
amounts exceeding 75 fish from April 1 through October 31.
(iv) In the area between 25°20.4' N. lat. and 25°48' N.
lat., which is a line directly west from the Monroe/Collier
County, FL, boundary, king mackerel in or from the EEZ may not
be possessed on board or landed from a vessel in a day in
amounts exceeding 1,250 lb (567 kg) from April 1 through October
31.
(2) Gulf migratory group. Commercial trip limits are
established in the eastern and western zones as follows. (See §
622.369(a)(2) for descriptions of the eastern and western zones
and § 622.369(a)(2)(ii) for descriptions of the subzones in the
eastern zone.)
(i) Eastern zone–Florida east coast subzone. In the Florida
east coast subzone, king mackerel in or from the EEZ may be
possessed on board at any time or landed in a day from a vessel
with a commercial permit for king mackerel as required under §
622.370(a)(1) as follows:
(A) From November 1 through the end of February--not to
exceed 50 fish.
(B) Beginning on March 1 and continuing through March 31--
(1) If 70 percent or more of the Florida east coast subzone
quota as specified in § 622.384(b)(1)(i)(A) has been taken--not
to exceed 50 fish.
(2) If less than 70 percent of the Florida east coast
subzone quota as specified in § 622.384(b)(1)(i)(A) has been
taken--not to exceed 75 fish.
(ii) Eastern zone-Florida west coast subzone--(A) Gillnet
gear. (1) In the Florida west coast southern subzone, king
mackerel in or from the EEZ may be possessed on board or landed
from a vessel for which a commercial vessel permit for king
mackerel and a king mackerel gillnet permit have been issued, as
261
required under § 622.370(a)(2), in amounts not exceeding 45,000
lb (20,411 kg) per day, provided the gillnet component for Gulf
migratory group king mackerel is not closed under § 622.378(a)
or § 622.8(b).
(2) In the southern Florida west coast subzone:
(i) King mackerel in or from the EEZ may be possessed on
board or landed from a vessel that uses or has on board a run-
around gillnet on a trip only when such vessel has on board a
commercial vessel permit for king mackerel and a king mackerel
gillnet permit.
(ii) King mackerel from the southern west coast subzone
landed by a vessel for which a commercial vessel permit for king
mackerel and a king mackerel gillnet permit have been issued
will be counted against the run-around gillnet quota of
§ 622.384(b)(1)(i)(B)(1).
(iii) King mackerel in or from the EEZ harvested with gear
other than run-around gillnet may not be retained on board a
vessel for which a commercial vessel permit for king mackerel
and a king mackerel gillnet permit have been issued.
(B) Hook-and-line gear. In the Florida west coast subzone,
king mackerel in or from the EEZ may be possessed on board or
landed from a vessel with a commercial permit for king mackerel,
as required by § 622.370(a)(1), and operating under the hook-
and-line gear quotas in § 622.384(b)(1)(i)(B)(1) or
(b)(1)(i)(B)(2):
(1) Northern subzone. From October 1, each fishing year,
until the northern subzone's hook-and-line gear quota has been
harvested--in amounts not exceeding 1,250 lb (567 kg) per day.
(2) Southern subzone. From July 1, each fishing year, until
the southern subzone's hook-and-line gear quota has been
harvested--in amounts not exceeding 1,250 lb (567 kg) per day.
(iii) Western zone. In the western zone, king mackerel in
or from the EEZ may be possessed on board or landed from a
vessel for which a commercial permit for king mackerel has been
issued, as required under § 622.370(a)(1), from July 1, each
fishing year, until a closure of the western zone has been
effected under § 622.8(b)--in amounts not exceeding 3,000 lb
(1,361 kg) per day.
(b) Spanish mackerel. (1) Atlantic migratory group. The
following trip limits apply to vessels for which commercial
permits for Spanish mackerel have been issued, as required under
§ 622.370(a)(3).
(i) Northern zone. Spanish mackerel in or from the EEZ may
not be possessed on board or landed in a day from a vessel for
which a permit for Spanish mackerel has been issued, as required
under § 622.370(a)(3), in amounts exceeding 3,500 lb (1,588 kg).
(ii) Southern zone. Spanish mackerel in or from the EEZ may
262
not be possessed on board or landed in a day from a vessel for
which a permit for Spanish mackerel has been issued, as required
under § 622.370(a)(3)--
(A) From March 1 until 75 percent of the adjusted quota for
the southern zone has been reached or is projected to be
reached, in amounts exceeding 3,500 lb (1,588 kg).
(B) After 75 percent of the adjusted quota for the southern
zone has been reached or is projected to be reached, in amounts
exceeding 1,500 lb (680 kg).
(C) After 100 percent of the adjusted quota for the
southern zone has been reached or is projected to be reached,
and until the end of the fishing year or the southern zone’s
quota has been reached or is projected to be reached, in amounts
exceeding 500 lb (227 kg). See § 622.384(e) for limitations
regarding Atlantic migratory group Spanish mackerel after the
southern zone’s quota is reached.
(2) For the purpose of paragraph (b)(1)(ii) of this
section, the adjusted quota for the southern zone is 2,417,330
lb (1,096,482 kg). The adjusted quota for the southern zone is
the quota for the Atlantic migratory group Spanish mackerel
southern zone reduced by an amount calculated to allow continued
harvest of Atlantic migratory group Spanish mackerel at the rate
of 500 lb (227 kg) per vessel per day for the remainder of the
fishing year after the adjusted quota is reached. Total
commercial harvest in the southern zone is still subject to the
southern zone quota and accountability measures. By filing a
notification with the Office of the Federal Register, the
Assistant Administrator will announce when 75 percent and 100
percent of the adjusted quota are reached or are projected to be
reached.
(3) For the purpose of paragraph (b)(1)(ii) of this
section, a day starts at 6 a.m., local time, and extends for 24
hours. If a vessel terminates a trip prior to 6 a.m., but
retains Spanish mackerel on board after that time, the Spanish
mackerel retained on board will not be considered in possession
during the succeeding day, provided the vessel is not underway
between 6 a.m. and the time such Spanish mackerel are unloaded,
and provided such Spanish mackerel are unloaded prior to 6 p.m..
§ 622.386 Restrictions on sale/purchase.
The restrictions in this section are in addition to the
restrictions on sale/purchase related to quota closures as
specified in § 622.384(e)(3).
(a) King and Spanish mackerel. A king or Spanish mackerel
harvested or possessed in the EEZ on board a vessel that does
not have a valid commercial vessel permit for king mackerel, as
263
required under § 622.370(a)(1), or a valid commercial vessel
permit for Spanish mackerel, as required under § 622.370(a)(3),
or a king or Spanish mackerel harvested in the EEZ or possessed
under the bag limits specified in § 622.382, may not be sold or
purchased, except when harvested under the bag limits on board a
vessel operating in the Gulf as a charter vessel or headboat and
that vessel has both a valid Federal charter vessel/headboat
permit for Gulf coastal migratory pelagic fish, as required
under § 622.370(b)(1), and a valid commercial vessel permit for
king mackerel or Spanish mackerel, as required under §
622.370(a)(1), as appropriate to the species harvested or
possessed.
(b) Coastal migratory pelagic fish harvested in or from the
EEZ or adjoining state waters by a vessel that has a valid
Federal commercial vessel permit or a charter vessel/headboat
permit may be sold or transferred only to a dealer who has a
valid Gulf and South Atlantic dealer permit, as required under §
622.370(c)(1).
(c) Coastal migratory pelagic fish harvested in or from the
Gulf or South Atlantic EEZ may be first received by a dealer who
has a valid Gulf and South Atlantic dealer permit, as required
under § 622.370(c)(1), only from a vessel that has a valid
Federal commercial vessel permit, as required under §
622.370(a), or a charter vessel/headboat permit for coastal
migratory pelagic fish, as required under § 622.370(b).
(d) Cut-off (damaged) king or Spanish mackerel. A person
may not sell or purchase a cut-off (damaged) king or Spanish
mackerel that does not comply with the minimum size limits
specified in § 622.380(b) or (c), respectively, or that is in
excess of the trip limits specified in § 622.385(a) or (b),
respectively.
(e) State-permitted tournaments. King or Spanish mackerel
harvested in a state-permitted tournament in the South Atlantic,
Mid-Atlantic, or the Gulf may not be sold for profit but may be
donated to a state dealer or Federal dealer. Dealers accepting
these tournament-caught king or Spanish mackerel must be
permitted and must comply with all transfer and reporting
requirements. Federally permitted dealers who accept donated
king or Spanish mackerel under this section are exempt from the
restrictions in paragraph (c) of this section, and can first
receive these fish from non-federally permitted vessels. Dealers
must donate the monetary value (sale price or cash equivalent of
value received for the landings) from the sale of tournament-
caught fish to a charitable organization, as determined by the
state. The monetary value received from the sale of tournament-
caught fish may not be used to pay for tournament expenses. In
addition, the fish must be handled and iced according to the
264
Hazard Analysis Critical Control Point (HACCP) standards, and
dealers must report tournament caught king and Spanish mackerel
as “tournament catch” and comply with all Federal and state
reporting requirements.
§ 622.387 [Reserved]
§ 622.388 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
All weights are in round and eviscerated weight combined,
unless specified otherwise.
(a) Gulf migratory group king mackerel--(1) Commercial
sector--(i) If commercial landings, as estimated by the SRD,
reach or are projected to reach the applicable quota specified
in § 622.384(b)(1), the AA will file a notification with the
Office of the Federal Register to close the commercial sector
for that zone, subzone, or gear type for the remainder of the
fishing year.
(ii) The commercial ACL for the Gulf migratory group of
king mackerel is 3.456 million lb (1.568 million kg). This ACL
is further divided into a commercial ACL for vessels fishing
with hook-and-line and a commercial ACL for vessels fishing with
run-around gillnets. The hook-and-line ACL (which applies to the
entire Gulf) is 2,904,552 lb (1,317,483 kg) and the run-around
gillnet ACL (which applies to the Gulf eastern zone Florida west
coast southern subzone) is 551,448 lb (250,133 kg).
(iii) If commercial landings for Gulf migratory group king
mackerel caught by run-around gillnet in the Florida west coast
southern subzone, as estimated by the SRD, exceed the commercial
ACL, the AA will file a notification with the Office of the
Federal Register to reduce the commercial ACL for king mackerel
harvested by run-around gillnet in the Florida west coast
southern subzone in the following fishing year by the amount of
the commercial ACL overage in the prior fishing year.
(2) Recreational sector. If recreational landings, as
estimated by the SRD, reach or are projected to reach the
recreational ACL of 8.092 million lb (3.670 million kg), the AA
will file a notification with the Office of the Federal Register
to implement a bag and possession limit for Gulf migratory group
king mackerel of zero, unless the best scientific information
available determines that a bag limit reduction is unnecessary.
(3) For purposes of tracking the ACL, recreational landings
will be monitored based on the commercial fishing year.
(b) Atlantic migratory group king mackerel--(1) Commercial
sector--(i) If commercial landings, as estimated by the SRD,
reach or are projected to reach the applicable quota specified
265
in § 622.384(b)(2), the AA will file a notification with the
Office of the Federal Register to close the commercial sector
for that zone for the remainder of the fishing year.
(ii) In addition to the measures specified in paragraph
(b)(1)(i) of this section, if the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the
stock ACL, as specified in paragraph (b)(3) of this section, and
Atlantic migratory group king mackerel are overfished, based on
the most recent status of U.S. Fisheries Report to Congress, the
AA will file a notification with the Office of the Federal
Register, at or near the beginning of the following fishing year
to reduce the commercial quota for that zone for that following
year by the amount of any commercial sector overage in the prior
fishing year for that zone.
(iii) The commercial ACL for the Atlantic migratory group
of king mackerel is 3.88 million lb (1.76 million kg).
(2) Recreational sector. (i) If the sum of the commercial
and recreational landings, as estimated by the SRD, exceeds the
stock ACL, as specified in paragraph (b)(3) of this section, the
AA will file a notification with the Office of the Federal
Register, at or near the beginning of the following fishing year
to reduce the bag limit by the amount necessary to ensure
recreational landings may achieve the recreational annual catch
target (ACT), but do not exceed the recreational ACL, in the
following fishing year. The recreational ACT is 6.11 million lb
(2.77 million kg). The recreational ACL is 6.58 million lb (2.99
million lb).
(ii) In addition to the measures specified in paragraph
(b)(2)(i) of this section, if the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the
stock ACL, as specified in paragraph (b)(3) of this section, and
Atlantic migratory group king mackerel are overfished, based on
the most recent status of U.S. Fisheries Report to Congress, the
AA will file a notification with the Office of the Federal
Register, at or near the beginning of the following fishing year
to reduce the recreational ACL and ACT for that following year
by the amount of any recreational sector overage in the prior
fishing year.
(iii) For purposes of tracking the ACL, recreational
landings will be evaluated based on the commercial fishing year,
March through February. Recreational landings will be evaluated
relative to the ACL based on a moving multi-year average of
landings, as described in the FMP.
(3) The stock ACL for Atlantic migratory group king
mackerel is 10.46 million lb (4.75 million kg).
(c) Gulf migratory group Spanish mackerel. (1) If the sum
of the commercial and recreational landings, as estimated by the
266
SRD, reaches or is projected to reach the stock ACL, as
specified in paragraph (c)(3) of this section, the AA will file
a notification with the Office of the Federal Register to close
the commercial and recreational sectors for the remainder of the
fishing year. On and after the effective date of such a
notification, all sale and purchase of Gulf migratory group
Spanish mackerel is prohibited and the harvest and possession
limit of this species in or from the Gulf EEZ is zero.
(2) For purposes of tracking the ACL, recreational landings
will be evaluated based on the commercial fishing year, April
through March.
(3) The stock ACL for Gulf migratory group Spanish mackerel
is 12.7 million lb (5.76 million kg) for the 2014-2015 fishing
year, 11.8 million lb (5.35 million kg) for the 2015-2016
fishing year, and 11.3 million lb (5.13 million kg) for the
2016-2017 fishing year and subsequent fishing years.
(d) Atlantic migratory group Spanish mackerel--(1)
Commercial sector. (i) If commercial landings, as estimated by
the SRD, reach or are projected to reach the applicable quota
specified in § 622.384(c)(2), the AA will file a notification
with the Office of the Federal Register to close the commercial
sector for that zone for the remainder of the fishing year.
(ii) In addition to the measures specified in paragraph
(d)(1)(i) of this section, if the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the
stock ACL, as specified in paragraph (d)(3) of this section, and
Atlantic migratory group Spanish mackerel are overfished, based
on the most recent status of U.S. Fisheries Report to Congress,
the AA will file a notification with the Office of the Federal
Register, at or near the beginning of the following fishing year
to reduce the commercial quota for that zone for that following
year by the amount of any commercial sector overage in the prior
fishing year for that zone.
(iii) The commercial ACL for the Atlantic migratory group
Spanish mackerel is 3.33 million lb (1.51 million kg).
(2) Recreational sector. (i) If the sum of the commercial
and recreational landings, as estimated by the SRD, exceeds the
stock ACL, as specified in paragraph (d)(3) of this section, the
AA will file a notification with the Office of the Federal
Register, at or near the beginning of the following fishing year
to reduce the bag limit by the amount necessary to ensure
recreational landings may achieve the recreational ACT, but do
not exceed the recreational ACL, in the following fishing year.
The recreational ACT for the Atlantic migratory group is 2.364
million lb (1.072 million kg). The recreational ACL for the
Atlantic migratory group is 2.727 million lb (1.236 million kg).
(ii) In addition to the measures specified in paragraph
267
(d)(2)(i) of this section, if the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the
stock ACL, as specified in paragraph (d)(3) of this section, and
Atlantic migratory group Spanish mackerel are overfished, based
on the most recent status of U.S. Fisheries Report to Congress,
the AA will file a notification with the Office of the Federal
Register, at or near the beginning of the following fishing year
to reduce the recreational ACT for that following year by the
amount of any recreational sector overage in the prior fishing
year.
(iii) For purposes of tracking the ACL and ACT,
recreational landings will be evaluated based on the commercial
fishing year, March through February. Recreational landings will
be evaluated relative to the ACL based on a moving multi-year
average of landings, as described in the FMP.
(3) The stock ACL for Atlantic migratory group Spanish
mackerel is 6.063 million lb (2.76 million kg).
(e) Gulf migratory group cobia--(1) Gulf zone. (i) If the
sum of all cobia landings, as estimated by the SRD, reaches or
is projected to reach the stock quota (stock ACT), specified in
§ 622.384(d)(1), the AA will file a notification with the Office
of the Federal Register to prohibit the harvest of Gulf
migratory group cobia in the Gulf zone for the remainder of the
fishing year. On and after the effective date of such a
notification, all sale and purchase of Gulf migratory group
cobia in the Gulf zone is prohibited and the possession limit of
this species in or from the Gulf EEZ is zero.
(ii) The stock ACLs for Gulf migratory group cobia in the
Gulf zone are 1,570,000 lb (712,140 kg) for 2014, 1,610,000 lb
(730,284 kg) for 2015, and 1,660,000 lb (752,963 kg) for 2016
and subsequent fishing years.
(2) Florida east coast zone--(i) The following ACLs and AMs
apply to cobia that are sold. (A) If the sum of cobia landings
that are sold, as estimated by the SRD, reach or are projected
to reach the quota specified in § 622.384(d)(1)(ii) (ACL), the
AA will file a notification with the Office of the Federal
Register to prohibit the sale and purchase of cobia in or from
the Florida east coast zone for the remainder of the fishing
year.
(B) In addition to the measures specified in paragraph
(e)(2)(i)(A) of this section, if the sum of cobia landings that
are sold and not sold in or from the Florida east coast zone, as
estimated by the SRD, exceeds the stock ACL for the Florida east
coast zone, as specified in paragraph (e)(2)(iii) of this
section, and Gulf migratory group cobia are overfished, based on
the most recent status of U.S. Fisheries Report to Congress, the
AA will file a notification with the Office of the Federal
268
Register, at or near the beginning of the following fishing year
to reduce the quota (ACL) for the Florida east coast zone cobia
that are sold for that following year by the amount of any
overage in the prior fishing year.
(ii) The following ACLs and AMs apply to cobia that are not
sold. (A) If the sum of cobia landings that are sold and not
sold, as estimated by the SRD, exceeds the stock ACL, as
specified in paragraph (e)(2)(iii) of this section, the AA will
file a notification with the Office of the Federal Register, at
or near the beginning of the following fishing year to reduce
the length of the following fishing season by the amount
necessary to ensure landings may achieve the applicable ACT, but
do not exceed the applicable ACL in the following fishing year.
Further, during that following year, if necessary, the AA may
file additional notification with the Office of the Federal
Register to readjust the reduced fishing season to ensure
harvest achieves the ACT but does not exceed the ACL. The
applicable ACTs for the Florida east coast zone of cobia are
670,000 lb (303,907 kg) for 2014, 680,000 lb (308,443 kg) for
2015, and 710,000 lb (322,051 kg) for 2016 and subsequent
fishing years. The applicable ACLs for the Florida east coast
zone of cobia are 810,000 lb (367,410 kg) for 2014, 830,000 lb
(376,482 kg) for 2015, and 860,000 lb (390,089 kg) for 2016 and
subsequent fishing years.
(B) In addition to the measures specified in paragraph
(e)(2)(ii)(A) of this section, if the sum of the cobia landings
that are sold and not sold in or from the Florida east coast
zone, as estimated by the SRD, exceeds the stock ACL, as
specified in paragraph (e)(2)(iii) of this section, and Gulf
migratory group cobia are overfished, based on the most recent
status of U.S. Fisheries Report to Congress, the AA will file a
notification with the Office of the Federal Register, at or near
the beginning of the following fishing year to reduce the
applicable ACL and applicable ACT for the Florida east coast
zone for that following year by the amount of any ACL overage in
the prior fishing year.
(C) Landings will be evaluated relative to the ACL based on
a moving multi-year average of landings, as described in the
FMP.
(iii) The stock ACLs for Florida east coast zone cobia are
880,000 lb (399,161 kg) for 2014, 900,000 lb (408,233 kg) for
2015, and 930,000 lb (421,841 kg) for 2016 and subsequent
fishing years.
(f) Atlantic migratory group cobia--(1) The following ACLs
and AMs apply to cobia that are sold--(i) If the sum of the
cobia landings that are sold, as estimated by the SRD, reach or
are projected to reach the quota specified in § 622.384(d)(2)
269
(ACL), the AA will file a notification with the Office of the
Federal Register to prohibit the sale and purchase of cobia for
the remainder of the fishing year.
(ii) In addition to the measures specified in paragraph
(f)(1)(i) of this section, if the sum of the cobia landings that
are sold and not sold in or from the Atlantic migratory group,
as estimated by the SRD, exceeds the stock ACL, as specified in
paragraph (f)(3) of this section, and Atlantic migratory group
cobia are overfished, based on the most recent status of U.S.
Fisheries Report to Congress, the AA will file a notification
with the Office of the Federal Register, at or near the
beginning of the following fishing year to reduce the applicable
quota (ACL), as specified in paragraph (f)(1)(i) of this
section, for that following year by the amount of any applicable
sector-specific ACL overage in the prior fishing year.
(2) The following ACLs and AMs apply to cobia that are not
sold.
(i) If the sum of the cobia landings that are sold and not
sold, as estimated by the SRD, exceeds the stock ACL, as
specified in paragraph (f)(3) of this section, the AA will file
a notification with the Office of the Federal Register, at or
near the beginning of the following fishing year to reduce the
length of the following fishing season by the amount necessary
to ensure landings may achieve the applicable ACT, but do not
exceed the applicable ACL in the following fishing year.
Further, during that following year, if necessary, the AA may
file additional notification with the Office of the Federal
Register to readjust the reduced fishing season to ensure
harvest achieves the ACT but does not exceed the ACL. The
applicable ACTs for the Atlantic migratory group of cobia are
550,000 lb (249,476 kg) for 2014, 520,000 lb (235,868 kg) for
2015, and 500,000 lb (226,796 kg) for 2016 and subsequent
fishing years. The applicable ACLs for the Atlantic migratory
group of cobia are 670,000 lb (303,907 kg) for 2014, 630,000 lb
(285,763 kg) for 2015, and 620,000 lb (281,227 kg) for 2016 and
subsequent fishing years.
(ii) In addition to the measures specified in paragraph
(f)(2)(i) of this section, if the sum of cobia landings that are
sold and not sold, as estimated by the SRD, exceeds the stock
ACL, as specified in paragraph (f)(3) of this section, and
Atlantic migratory group cobia are overfished, based on the most
recent status of U.S. Fisheries Report to Congress, the AA will
file a notification with the Office of the Federal Register, at
or near the beginning of the following fishing year to reduce
the applicable ACL and ACT, as specified in paragraph (f)(2)(i)
of this section, for that following year by the amount of any
applicable sector-specific overage in the prior fishing year.
270
(iii) Landings will be evaluated relative to the ACL based
on a moving multi-year average of landings, as described in the
FMP.
(3) The stock ACLs for Atlantic migratory group cobia are
730,000 lb (331,122 kg) for 2014, 690,000 lb (312,979 kg) for
2015, and 670,000 lb (303,907 kg) for 2016 and subsequent
fishing years.
§ 622.389 Adjustment of management measures.
In accordance with the framework procedures of the FMP for
Coastal Migratory Pelagic Resources, the RA may establish or
modify, and the applicable council is required to approve, the
following items specified in paragraph (a) of this section for
coastal migratory pelagic fish. (Note: the applicable council
refers to the council whose jurisdiction applies to the
management measures.)
(a) For a species or species group: reporting and
monitoring requirements, permitting requirements, bag and
possession limits (including a bag limit of zero), size limits,
vessel trip limits, closed seasons or areas and reopenings,
acceptable biological catches (ABCs) and ABC control rules,
annual catch limits (ACLs) and ACL control rules, accountability
measures (AMs), annual catch targets (ACTs), quotas (including a
quota of zero), MSY (or proxy), OY, management parameters such
as overfished and overfishing definitions, gear restrictions
(ranging from regulation to complete prohibition), gear markings
and identification, vessel markings and identification,
rebuilding plans, and restrictions relative to conditions of
harvested fish (maintaining fish in whole condition, use as
bait).
(b) [Reserved]
Return to Table of Contents
Subpart R--Spiny Lobster Fishery of the Gulf of Mexico and South
Atlantic
§ 622.400 Permits and fees.
(a) Applicability--(1) Licenses, certificates, and permits-
-(i) EEZ off Florida and spiny lobster landed in Florida. For a
person to sell, trade, or barter, or attempt to sell, trade, or
barter, a spiny lobster harvested or possessed in the EEZ off
Florida, or harvested in the EEZ other than off Florida and
landed from a fishing vessel in Florida, or for a person to be
exempt from the daily bag and possession limit specified in §
271
622.408(b)(1) for such spiny lobster, such person must have the
licenses and certificates specified to be a "commercial
harvester," as defined in Rule 68B-24.002, Florida
Administrative Code, in effect as of July 1, 2008 (incorporated
by reference, see § 622.413).
(ii) EEZ other than off Florida. For a person to sell,
trade, or barter, or attempt to sell, trade, or barter, a spiny
lobster harvested in the EEZ other than off Florida or for a
person to be exempt from the daily bag and possession limit
specified in § 622.408(b)(1) for such spiny lobster, a Federal
vessel permit must be issued to the harvesting vessel and must
be on board. However, see paragraph (a)(1)(i) of this section
for the licenses and certificates required for a person to
possess or land spiny lobster harvested in the EEZ other than
off Florida and subsequently possessed in the EEZ off Florida or
landed from a fishing vessel in Florida.
(2) Tail-separation permits. For a person to possess aboard
a fishing vessel a separated spiny lobster tail in or from the
EEZ, a valid Federal tail-separation permit must be issued to
the vessel and must be on board. Permitting prerequisites for
the tail-separation permit are either a valid Federal vessel
permit for spiny lobster or a valid Florida Saltwater Products
License with a valid Florida Restricted Species Endorsement and
a valid Crawfish Endorsement.
(3) Corporation/partnership-owned vessels. For a vessel
owned by a corporation or partnership to be eligible for a
Federal vessel permit specified in paragraph (a)(1)(ii) of this
section, the earned income qualification specified in paragraph
(b)(2)(vi) of this section must be met by, and the statement
required by that paragraph must be submitted by, an officer or
shareholder of the corporation, a general partner of the
partnership, or the vessel operator.
(4) Operator-qualified permits. A vessel permit issued upon
the qualification of an operator is valid only when that person
is the operator of the vessel.
(5) Dealer permits and conditions--(i) Permits. For a
dealer to first receive Gulf or South Atlantic spiny lobster
harvested in or from the EEZ, a Gulf and South Atlantic dealer
permit must be issued to the dealer.
(ii) State license and facility requirements. To obtain a
dealer permit, the applicant must have a valid state
wholesaler's license in the state(s) where the dealer operates,
if required by such state(s), and must have a physical facility
at a fixed location in such state(s).
(b) Applications for permits. (1) An application for a
Federal vessel and/or tail-separation permit must be submitted
and signed by the owner (in the case of a corporation, a
272
qualifying officer or shareholder; in the case of a partnership,
a qualifying general partner) or operator of the vessel. The
application must be submitted to the RA at least 30 days prior
to the date on which the applicant desires to have the permit
made effective.
(2) An applicant must provide the following information:
(i) A copy of the vessel's U.S. Coast Guard certificate of
documentation or, if not documented, a copy of its state
registration certificate.
(ii) The vessel's name and official number.
(iii) Name, mailing address including zip code, telephone
number, social security number, and date of birth of the owner
(if the owner is a corporation/partnership, in lieu of the
social security number, provide the employer identification
number, if one has been assigned by the Internal Revenue
Service, and, in lieu of the date of birth, provide the date the
corporation/ partnership was formed).
(iv) If the owner does not meet the earned income
qualification specified in paragraph (b)(2)(vi) of this section
and the operator does meet that qualification, the name, mailing
address including zip code, telephone number, social security
number, and date of birth of the operator.
(v) Information concerning vessel, gear used, fishing
areas, and fisheries vessel is used in, as requested by the RA
and included on the application form.
(vi) A sworn statement by the applicant for a vessel permit
certifying that at least 10 percent of his or her earned income
was derived from commercial fishing, that is, sale of the catch,
during the calendar year preceding the application.
(vii) Documentation supporting the statement of income, if
required under paragraph (b)(3) of this section.
(viii) If a tail-separation permit is desired, a sworn
statement by the applicant certifying that his or her fishing
activity--
(A) Is routinely conducted in the EEZ on trips of 48 hours
or more; and
(B) Necessitates the separation of carapace and tail to
maintain a quality product.
(ix) Any other information that may be necessary for the
issuance or administration of the permit.
(3) The RA may require the applicant to provide
documentation supporting the sworn statement under paragraph
(b)(2)(vi) of this section before a permit is issued or to
substantiate why such permit should not be revoked or otherwise
sanctioned under paragraph (i) of this section. Such required
documentation may include copies of appropriate forms and
273
schedules from the applicant's income tax return. Copies of
income tax forms and schedules are treated as confidential.
(c) Change in application information. The owner or
operator of a vessel with a permit must notify the RA within 30
days after any change in the application information specified
in paragraph (b) of this section. The permit is void if any
change in the information is not reported within 30 days.
(d) Fees. A fee is charged for each permit application
submitted under paragraph (b) of this section. The amount of the
fee is calculated in accordance with the procedures of the NOAA
Finance Handbook for determining the administrative costs of
each special product or service. The fee may not exceed such
costs and is specified with each application form. The
appropriate fee must accompany each application.
(e) Issuance.(1) The RA will issue a permit at any time to
an applicant if the application is complete and the applicant
meets the earned income requirement specified in paragraph
(b)(2)(vi) of this section. An application is complete when all
requested forms, information, and documentation have been
received.
(2) Upon receipt of an incomplete application, the RA will
notify the applicant of the deficiency. If the applicant fails
to correct the deficiency within 30 days of the date of the RA's
letter of notification, the application will be considered
abandoned.
(f) Duration. A permit remains valid for the period
specified on it unless the vessel is sold or the permit is
revoked, suspended, or modified pursuant to subpart D of 15 CFR
part 904.
(g) Transfer. A permit issued pursuant to this section is
not transferable or assignable. A person purchasing a permitted
vessel who desires to conduct activities for which a permit is
required must apply for a permit in accordance with the
provisions of paragraph (b) of this section. The application
must be accompanied by a copy of a signed bill of sale.
(h) Display. A permit issued pursuant to this section must
be carried on board the vessel, and such vessel must be
identified as required by § 622.402. The operator of a vessel
must present the permit for inspection upon the request of an
authorized officer.
(i) Sanctions and denials. A permit issued pursuant to this
section may be revoked, suspended, or modified, and a permit
application may be denied, in accordance with the procedures
governing enforcement-related permit sanctions and denials found
at subpart D of 15 CFR part 904.
(j) Alteration. A permit that is altered, erased, or
mutilated is invalid.
274
(k) Replacement. A replacement permit may be issued. An
application for a replacement permit will not be considered a
new application. A fee, the amount of which is stated with the
application form, must accompany each request for a replacement
permit.
§ 622.401 Recordkeeping and reporting.
(a) Dealers. A dealer who first receives Gulf or South
Atlantic spiny lobster must maintain records and submit
information as specified in § 622.5(c).
(b) [Reserved]
§ 622.402 Vessel and gear identification.
(a) EEZ off Florida.(1) An owner or operator of a vessel
that is used to harvest spiny lobster by traps in the EEZ off
Florida must comply with the vessel and gear identification
requirements specified in sections 379.367(2)(a)(1) and
379.367(3), Florida Statutes, in effect as of July 1, 2008 and
in Rule 68B-24.006(3), (4), and (5), Florida Administrative
Code, in effect as of July 1, 2008 (incorporated by reference,
see § 622.413).
(2) An owner or operator of a vessel that is used to
harvest spiny lobsters by diving in the EEZ off Florida must
comply with the vessel identification requirements applicable to
the harvesting of spiny lobsters by diving in Florida's waters
in Rule 68B-24.006(6), Florida Administrative Code, in effect as
of July 1, 2008 (incorporated by reference, see § 622.413).
(b) EEZ other than off Florida. (1) The owner or operator
of a vessel that is used to harvest spiny lobsters in the EEZ
other than off Florida, must meet the following vessel and gear
identification requirements:
(i) The vessel's Florida crawfish license or trap number
or, if not licensed by Florida, the vessel's Federal vessel
permit number must be permanently and conspicuously displayed
horizontally on the uppermost structural portion of the vessel
in numbers at least 10 inches (25.4 cm) high so as to be readily
identifiable from the air and water;
(ii) If the vessel uses spiny lobster traps in the EEZ,
other than off Florida--
(A) The vessel's color code, as assigned by Florida or, if
a color code has not been assigned by Florida, as assigned by
the RA, must be permanently and conspicuously displayed above
the number specified in paragraph (b)(1)(i) of this section so
as to be readily identifiable from the air and water, such color
code being in the form of a circle at least 20 inches (50.8 cm)
275
in diameter on a background of colors contrasting to those
contained in the assigned color code;
(B) A buoy or timed-release buoy of such strength and
buoyancy to float must be attached to each spiny lobster trap or
at each end of a string of traps;
(C) A buoy used to mark spiny lobster traps must bear the
vessel's assigned color code and be of such color, hue, and
brilliancy as to be easily distinguished, seen, and located;
(D) A buoy used to mark spiny lobster traps must bear the
vessel's Florida crawfish license or trap number or, if not
licensed by Florida, the vessel's Federal vessel permit number
in numbers at least 2 inches (5.08 cm) high; and
(E) A spiny lobster trap must bear the vessel's Florida
crawfish license or trap number or, if not licensed by Florida,
the vessel's Federal vessel permit number permanently and
legibly affixed.
(2) A spiny lobster trap in the EEZ, other than off
Florida, will be presumed to be the property of the most
recently documented owner. Upon the sale or transfer of a spiny
lobster trap used in the EEZ, other than off Florida, within 5
days of acquiring ownership, the person acquiring ownership must
notify the Florida Division of Law Enforcement of the Department
of Environmental Protection for a trap that bears a Florida
crawfish license or trap number, or the RA, for a trap that
bears a Federal vessel permit number, as to the number of traps
purchased, the vendor, and the crawfish license or trap number,
or Federal vessel permit number, currently displayed on the
traps, and must request issuance of a crawfish license or trap
number, or Federal vessel permit, if the acquiring owner does
not possess such license or trap number or permit.
(c) Unmarked traps and buoys. An unmarked spiny lobster
trap or buoy in the EEZ is illegal gear.
(1) EEZ off Florida. Such trap or buoy, and any connecting
lines, during times other than the authorized fishing season,
will be considered derelict and may be disposed of in accordance
with Rules 68B-55.002 and 68B-55.004 of the Florida
Administrative Code, in effect as of October 15, 2007
(incorporated by reference, see § 622.413). An owner of such
trap or buoy remains subject to appropriate civil penalties.
(2) EEZ other than off Florida. Such trap or buoy, and any
connecting lines, will be considered unclaimed or abandoned
property and may be disposed of in any manner considered
appropriate by the Assistant Administrator or an authorized
officer. An owner of such trap or buoy remains subject to
appropriate civil penalties.
§ 622.403 Seasons.
276
(a) EEZ off the southern Atlantic states, other than
Florida. In the EEZ off the southern Atlantic states, other than
Florida, there are no seasonal restrictions on the harvest of
spiny lobster or on the possession of traps.
(b) EEZ off Florida and off the Gulf states, other than
Florida--(1) Commercial and recreational fishing season. The
commercial and recreational fishing season for spiny lobster in
the EEZ off Florida and the EEZ off the Gulf states, other than
Florida, begins on August 6 and ends on March 31.
(2) Special recreational fishing seasons--(i) EEZ off
Florida. There is a 2-day special recreational fishing season in
the EEZ off Florida on the last Wednesday and successive
Thursday of July each year during which fishing for spiny
lobster is limited to diving or use of a bully net or hoop net.
(See § 622.404 for general prohibitions on gear and methods.) In
the EEZ off Monroe County, Florida, no person may harvest spiny
lobster by diving at night, that is, from 1 hour after official
sunset to 1 hour before official sunrise, during this 2-day
special recreational fishing season.
(ii) EEZ off the Gulf states, other than Florida. There is
a 2-day special recreational fishing season in the EEZ off the
Gulf states, other than Florida, during the last Saturday and
successive Sunday of July each year during which fishing for
spiny lobster may be conducted by authorized gear and methods
other than traps. (See § 622.404 for prohibitions on gear and
methods.)
(3) Possession of traps. (i) In the EEZ off Florida, the
rules and regulations applicable to the possession of spiny
lobster traps in Florida's waters in Rule 68B-24.005(3), (4),
and (5), Florida Administrative Code, in effect as of June 1,
1994 (incorporated by reference, see § 622.413), apply in their
entirety to the possession of spiny lobster traps in the EEZ off
Florida. A spiny lobster trap, buoy, or rope in the EEZ off
Florida, during periods not authorized in this paragraph will be
considered derelict and may be disposed of in accordance with
Rules 68B-55.002 and 68B-55.004 of the Florida Administrative
Code, in effect as of October 15, 2007 (incorporated by
reference, see § 622.413). An owner of such trap, buoy, or rope
remains subject to appropriate civil penalties.
(ii) In the EEZ off the Gulf states, other than Florida, a
spiny lobster trap may be placed in the water prior to the
commercial and recreational fishing season, which is specified
in paragraph (b)(1) of this section, beginning on August 1 and
must be removed from the water after such season not later than
April 5. A spiny lobster trap, buoy, or rope in the EEZ off the
Gulf states, other than Florida, during periods not authorized
277
in this paragraph will be considered unclaimed or abandoned
property and may be disposed of in any manner considered
appropriate by the Assistant Administrator or an authorized
officer. An owner of such trap, buoy, or rope remains subject to
appropriate civil penalties.
(4) Possession of spiny lobsters. In the EEZ off Florida
and the Gulf states, a whole or a part of a spiny lobster
subject to these regulations may only be possessed during the
commercial and recreational fishing season and the special
recreational fishing season specified in § 622.403, unless
accompanied by proof of lawful harvest in the waters of a
foreign nation. Consistent with the provisions of paragraphs
(b)(3)(i) and (ii) of this section, a spiny lobster in a trap in
this area will not be deemed to be possessed provided such spiny
lobster is returned immediately to the water unharmed when a
trap is removed from the water between March 31 and April 15.
(c) Primacy of seasonal restrictions in the EEZ off
Florida. The seasonal restrictions applicable in the EEZ off
Florida apply to all spiny lobsters and traps in the EEZ off
Florida, without regard to harvest or use elsewhere, unless
accompanied by proof of lawful harvest elsewhere.
§ 622.404 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases
all fisheries.
(a) A spiny lobster may not be taken in the EEZ with a
spear, hook, or similar device, or gear containing such devices.
In the EEZ, the possession of a speared, pierced, or punctured
spiny lobster is prima facie evidence that prohibited gear was
used to take such lobster. Hook, as used in this paragraph (a),
does not include a hook in a hook-and-line fishery for species
other than spiny lobster; and possession of a spiny lobster that
has been speared, pierced, or punctured by such hook is not
considered evidence that prohibited gear was used to take the
spiny lobster, provided no prohibited gear is on board the
vessel.
(b) A spiny lobster may not be taken in a directed fishery
by the use of a net or trawl. See § 622.408(b)(4) for the
bycatch limits applicable to a vessel that uses or has on board
a net or trawl.
(c) Poisons and explosives may not be used to take a spiny
lobster in the EEZ. For the purposes of this paragraph (c),
chlorine, bleach, and similar substances, which are used to
flush a spiny lobster out of rocks or coral, are poisons. A
278
vessel in the spiny lobster fishery may not possess on board in
the EEZ any dynamite or similar explosive substance.
§ 622.405 Trap construction specifications and tending
restrictions.
(a) Construction specifications. In the EEZ, a spiny
lobster trap may be no larger in dimension than 3 feet by 2 feet
by 2 feet (91.4 cm by 61.0 cm by 61.0 cm), or the volume
equivalent. A trap constructed of material other than wood must
have a panel constructed of wood, cotton, or other material that
will degrade at the same rate as a wooden trap. Such panel must
be located in the upper half of the sides or on top of the trap,
so that, when removed, there will be an opening in the trap no
smaller than the diameter found at the throat or entrance of the
trap.
(b) Tending restrictions. (1) A spiny lobster trap in the
EEZ may be pulled or tended during daylight hours only, that is,
from 1 hour before official sunrise to 1 hour after official
sunset.
(2) A spiny lobster trap in the EEZ may be pulled or tended
only by the owner's vessel, except that permission to pull or
work traps belonging to another person may be granted--
(i) For traps in the EEZ off Florida, by the Division of
Law Enforcement, Florida Fish and Wildlife Conservation
Commission, in accordance with the procedures in Rule 68B-
24.006(7), Florida Administrative Code, in effect as of July 1,
2008 (incorporated by reference, see § 622.413).
(ii) For traps in the EEZ, other than off Florida, by the
RA, as may be arranged upon written request.
§ 622.406 Areas closed to lobster trap gear.
(a) Fishing with spiny lobster trap gear is prohibited
year-round in the following areas bounded by rhumb lines
connecting, in order, the points listed.
(1) Lobster Trap Gear Closed Area 1.
Point
North Lat.
West Long.
A
24°31'15.002"
81°31'00.000"
B
24°31'15.002"
81°31'19.994"
C
24°31'29.999"
81°31'19.994"
D
24°31'29.999"
81°31'00.000"
A
24°31'15.002"
81°31'00.000"
(2) Lobster Trap Gear Closed Area 2.
Point
North Lat.
West Long.
279
A
24°31'20.205"
81°30'17.213"
B
24°31'17.858"
81°30'27.700"
C
24°31'27.483"
81°30'30.204"
D
24°31'29.831"
81°30'19.483"
A
24°31'20.205"
81°30'17.213"
(3) Lobster Trap Gear Closed Area 3.
Point
North Lat.
West Long.
A
24°31'42.665"
81°30'02.892"
B
24°31'45.013"
81°29'52.093"
C
24°31'34.996"
81°29'49.745"
D
24°31'32.335"
81°30'00.466"
A
24°31'42.665"
81°30'02.892"
(4) Lobster Trap Gear Closed Area 4.
Point
North Lat.
West Long.
A
24°31'50.996"
81°28'39.999"
B
24°31'50.996"
81°29'03.002"
C
24°31'56.998"
81°29'03.002"
D
24°31'56.998"
81°28'39.999"
A
24°31'50.996"
81°28'39.999"
(5) Lobster Trap Gear Closed Area 5.
Point
North Lat.
West Long.
A
24°32'20.014"
81°26'20.390"
B
24°32'13.999"
81°26'41.999"
C
24°32'27.004"
81°26'45.611"
D
24°32'33.005"
81°26'23.995"
A
24°32'20.014"
81°26'20.390"
(6) Lobster Trap Gear Closed Area 6.
Point
North Lat.
West Long.
A
24°32'30.011"
81°24'47.000"
B
24°32'23.790"
81°24'56.558"
C
24°32'45.997"
81°25'10.998"
D
24°32'52.218"
81°25'01.433"
A
24°32'30.011"
81°24'47.000"
(7) Lobster Trap Gear Closed Area 7.
Point
North Lat.
West Long.
A
24°32'46.834"
81°27'17.615"
B
24°32'41.835"
81°27'35.619"
280
C
24°32'54.003"
81°27'38.997"
D
24°32'59.002"
81°27'21.000"
A
24°32'46.834"
81°27'17.615"
(8) Lobster Trap Gear Closed Area 8.
Point
North Lat.
West Long.
A
24°33'10.002"
81°25'50.995"
B
24°33'04.000"
81°26'18.996"
C
24°33'17.253"
81°26'21.839"
D
24°33'23.254"
81°25'53.838"
A
24°33'10.002"
81°25'50.995"
(9) Lobster Trap Gear Closed Area 9.
Point
North Lat.
West Long.
A
24°33'22.004"
81°30'31.998"
B
24°33'22.004"
81°30'41.000"
C
24°33'29.008"
81°30'41.000"
D
24°33'29.008"
81°30'31.998"
A
24°33'22.004"
81°30'31.998"
(10) Lobster Trap Gear Closed Area 10.
Point
North Lat.
West Long.
A
24°33'33.004"
81°30'00.000"
B
24°33'33.004"
81°30'09.998"
C
24°33'41.999"
81°30'09.998"
D
24°33'41.999"
81°30'00.000"
A
24°33'33.004"
81°30'00.000"
(11) Lobster Trap Gear Closed Area 11.
Point
North Lat.
West Long.
A
24°33'50.376"
81°23'35.039"
B
24°33'27.003"
81°24'51.003"
C
24°33'40.008"
81°24'54.999"
D
24°34'03.382"
81°23'39.035"
A
24°33'50.376"
81°23'35.039"
(12) Lobster Trap Gear Closed Area 12.
Point
North Lat.
West Long.
A
24°34'00.003"
81°19'29.996"
B
24°34'00.003"
81°20'04.994"
C
24°34'24.997"
81°20'04.994"
D
24°34'24.997"
81°19'29.996"
281
A
24°34'00.003"
81°19'29.996"
(13) Lobster Trap Gear Closed Area 13.
Point
North Lat.
West Long.
A
24°35'19.997"
81°14'25.002"
B
24°35'19.997"
81°14'34.999"
C
24°35'29.006"
81°14'34.999"
D
24°35'29.006"
81°14'25.002"
A
24°35'19.997"
81°14'25.002"
(14) Lobster Trap Gear Closed Area 14.
Point
North Lat.
West Long.
A
24°44'37.004"
80°46'47.000"
B
24°44'37.004"
80°46'58.000"
C
24°44'47.002"
80°46'58.000"
D
24°44'47.002"
80°46'47.000"
A
24°44'37.004"
80°46'47.000"
(15) Lobster Trap Gear Closed Area 15.
Point
North Lat.
West Long.
A
24°49'53.946"
80°38'17.646"
B
24°48'32.331"
80°40'15.530"
C
24°48'44.389"
80°40'23.879"
D
24°50'06.004"
80°38'26.003"
A
24°49'53.946"
80°38'17.646"
(16) Lobster Trap Gear Closed Area 16.
Point
North Lat.
West Long.
A
24°53'32.085"
80°33'22.065"
B
24°53'38.992"
80°33'14.670"
C
24°53'31.673"
80°33'07.155"
D
24°53'24.562"
80°33'14.886"
A
24°53'32.085"
80°33'22.065"
(17) Lobster Trap Gear Closed Area 17.
Point
North Lat.
West Long.
A
24°53'33.410"
80°32'50.247"
B
24°53'40.149"
80°32'42.309"
C
24°53'32.418"
80°32'35.653"
D
24°53'25.348"
80°32'43.302"
A
24°53'33.410"
80°32'50.247"
282
(18) Lobster Trap Gear Closed Area 18.
Point
North Lat.
West Long.
A
24°54'06.317"
80°32'34.115"
B
24°53'59.368"
80°32'41.542"
C
24°54'06.667"
80°32'48.994"
D
24°54'13.917"
80°32'41.238"
A
24°54'06.317"
80°32'34.115"
(19) Lobster Trap Gear Closed Area 19.
Point
North Lat.
West Long.
A
24°54'06.000"
80°31'33.995"
B
24°54'06.000"
80°31'45.002"
C
24°54'36.006"
80°31'45.002"
D
24°54'36.006"
80°31'33.995"
A
24°54'06.000"
80°31'33.995"
(20) Lobster Trap Gear Closed Area 20.
Point
North Lat.
West Long.
A
24°56'21.104"
80°28'52.331"
B
24°56'17.012"
80°29'05.995"
C
24°56'26.996"
80°29'08.996"
D
24°56'31.102"
80°28'55.325"
A
24°56'21.104"
80°28'52.331"
(21) Lobster Trap Gear Closed Area 21.
Point
North Lat.
West Long.
A
24°56'53.006"
80°27'46.997"
B
24°56'21.887"
80°28'25.367"
C
24°56'35.002"
80°28'36.003"
D
24°57'06.107"
80°27'57.626"
A
24°56'53.006"
80°27'46.997"
(22) Lobster Trap Gear Closed Area 22.
Point
North Lat.
West Long.
A
24°57'35.001"
80°27'14.999"
B
24°57'28.011"
80°27'21.000"
C
24°57'33.999"
80°27'27.997"
D
24°57'40.200"
80°27'21.106"
A
24°57'35.001"
80°27'14.999"
(23) Lobster Trap Gear Closed Area 23.
Point
North Lat.
West Long.
283
A
24°58'58.154"
80°26'03.911"
B
24°58'48.005"
80°26'10.001"
C
24°58'52.853"
80°26'18.090"
D
24°59'03.002"
80°26'11.999"
A
24°58'58.154"
80°26'03.911"
(24) Lobster Trap Gear Closed Area 24.
Point
North Lat.
West Long.
A
24°59'17.009"
80°24'32.999"
B
24°58'41.001"
80°25'21.998"
C
24°58'57.591"
80°25'34.186"
D
24°59'33.598"
80°24'45.187"
A
24°59'17.009"
80°24'32.999"
(25) Lobster Trap Gear Closed Area 25.
Point
North Lat.
West Long.
A
24°59'44.008"
80°25'38.999"
B
24°59'27.007"
80°25'48.997"
C
24°59'32.665"
80°25'58.610"
D
24°59'49.666"
80°25'48.612"
A
24°59'44.008"
80°25'38.999"
(26) Lobster Trap Gear Closed Area 26.
Point
North Lat.
West Long.
A
25°01'00.006"
80°21'55.002"
B
25°01'00.006"
80°22'11.996"
C
25°01'18.010"
80°22'11.996"
D
25°01'18.010"
80°21'55.002"
A
25°01'00.006"
80°21'55.002"
(27) Lobster Trap Gear Closed Area 27.
Point
North Lat.
West Long.
A
25°01'34.997"
80°23'12.998"
B
25°01'18.010"
80°23'44.000"
C
25°01'22.493"
80°23'46.473"
D
25°01'36.713"
80°23'37.665"
E
25°01'46.657"
80°23'19.390"
A
25°01'34.997"
80°23'12.998"
(28) Lobster Trap Gear Closed Area 28.
Point
North Lat.
West Long.
A
25°01'38.005"
80°21'25.998"
284
B
25°01'28.461"
80°21'46.158"
C
25°01'45.009"
80°21'53.999"
D
25°01'54.553"
80°21'33.839"
A
25°01'38.005"
80°21'25.998"
(29) Lobster Trap Gear Closed Area 29.
Point
North Lat.
West Long.
A
25°01'53.001"
80°23'08.995"
B
25°01'53.001"
80°23'17.997"
C
25°02'01.008"
80°23'17.997"
D
25°02'01.008"
80°23'08.995"
A
25°01'53.001"
80°23'08.995"
(30) Lobster Trap Gear Closed Area 30.
Point
North Lat.
West Long.
A
25°02'20.000"
80°22'11.001"
B
25°02'10.003"
80°22'50.002"
C
25°02'22.252"
80°22'53.140"
D
25°02'32.250"
80°22'14.138"
A
25°02'20.000"
80°22'11.001"
(31) Lobster Trap Gear Closed Area 31.
Point
North Lat.
West Long.
A
25°02'29.503"
80°20'30.503"
B
25°02'16.498"
80°20'43.501"
C
25°02'24.999"
80°20'52.002"
D
25°02'38.004"
80°20'38.997"
A
25°02'29.503"
80°20'30.503"
(32) Lobster Trap Gear Closed Area 32.
Point
North Lat.
West Long.
A
25°02'34.008"
80°21'57.000"
B
25°02'34.008"
80°22'14.997"
C
25°02'50.007"
80°22'14.997"
D
25°02'50.007"
80°21'57.000"
A
25°02'34.008"
80°21'57.000"
(33) Lobster Trap Gear Closed Area 33.
Point
North Lat.
West Long.
A
25°03'11.294"
80°21'36.864"
B
25°03'02.540"
80°21'43.143"
C
25°03'08.999"
80°21'51.994"
285
D
25°03'17.446"
80°21'45.554"
A
25°03'11.294"
80°21'36.864"
(34) Lobster Trap Gear Closed Area 34.
Point
North Lat.
West Long.
A
25°03'30.196"
80°21'34.263"
B
25°03'39.267"
80°21'29.506"
C
25°03'35.334"
80°21'19.801"
D
25°03'26.200"
80°21'24.304"
A
25°03'30.196"
80°21'34.263"
(35) Lobster Trap Gear Closed Area 35.
Point
North Lat.
West Long.
A
25°03'26.001"
80°19'43.001"
B
25°03'26.001"
80°19'54.997"
C
25°03'41.011"
80°19'54.997"
D
25°03'41.011"
80°19'43.001"
A
25°03'26.001"
80°19'43.001"
(36) Lobster Trap Gear Closed Area 36.
Point
North Lat.
West Long.
A
25°07'03.008"
80°17'57.999"
B
25°07'03.008"
80°18'10.002"
C
25°07'14.997"
80°18'10.002"
D
25°07'14.997"
80°17'57.999"
A
25°07'03.008"
80°17'57.999"
(37) Lobster Trap Gear Closed Area 37.
Point
North Lat.
West Long.
A
25°07'51.156"
80°17'27.910"
B
25°07'35.857"
80°17'37.091"
C
25°07'43.712"
80°17'50.171"
D
25°07'59.011"
80°17'40.998"
A
25°07'51.156"
80°17'27.910"
(38) Lobster Trap Gear Closed Area 38.
Point
North Lat.
West Long.
A
25°08'12.002"
80°17'09.996"
B
25°07'55.001"
80°17'26.997"
C
25°08'04.998"
80°17'36.995"
D
25°08'22.000"
80°17'20.000"
A
25°08'12.002"
80°17'09.996"
286
(39) Lobster Trap Gear Closed Area 39.
Point
North Lat.
West Long.
A
25°08'18.003"
80°17'34.001"
B
25°08'18.003"
80°17'45.997"
C
25°08'29.003"
80°17'45.997"
D
25°08'29.003"
80°17'34.001"
A
25°08'18.003"
80°17'34.001"
(40) Lobster Trap Gear Closed Area 40.
Point
North Lat.
West Long.
A
25°08'45.002"
80°15'50.002"
B
25°08'37.999"
80°15'56.998"
C
25°08'42.009"
80°16'00.995"
D
25°08'48.999"
80°15'53.998"
A
25°08'45.002"
80°15'50.002"
(41) Lobster Trap Gear Closed Area 41.
Point
North Lat.
West Long.
A
25°08'58.007"
80°17'24.999"
B
25°08'58.007"
80°17'35.999"
C
25°09'09.007"
80°17'35.999"
D
25°09'09.007"
80°17'24.999"
A
25°08'58.007"
80°17'24.999"
(42) Lobster Trap Gear Closed Area 42.
Point
North Lat.
West Long.
A
25°09'10.999"
80°16'00.000"
B
25°09'10.999"
80°16'09.997"
C
25°09'20.996"
80°16'09.997"
D
25°09'20.996"
80°16'00.000"
A
25°09'10.999"
80°16'00.000"
(43) Lobster Trap Gear Closed Area 43.
Point
North Lat.
West Long.
A
25°09'28.316"
80°17'03.713"
B
25°09'14.006"
80°17'17.000"
C
25°09'21.697"
80°17'25.280"
D
25°09'36.006"
80°17'12.001"
A
25°09'28.316"
80°17'03.713"
(44) Lobster Trap Gear Closed Area 44.
287
Point
North Lat.
West Long.
A
25°10'00.011"
80°16'06.000"
B
25°10'00.011"
80°16'17.000"
C
25°10'09.995"
80°16'17.000"
D
25°10'09.995"
80°16'06.000"
A
25°10'00.011"
80°16'06.000"
(45) Lobster Trap Gear Closed Area 45.
Point
North Lat.
West Long.
A
25°10'29.002"
80°15'52.995"
B
25°10'29.002"
80°16'04.002"
C
25°10'37.997"
80°16'04.002"
D
25°10'37.997"
80°15'52.995"
A
25°10'29.002"
80°15'52.995"
(46) Lobster Trap Gear Closed Area 46.
Point
North Lat.
West Long.
A
25°11'05.998"
80°14'25.997"
B
25°11'05.998"
80°14'38.000"
C
25°11'20.006"
80°14'38.000"
D
25°11'20.006"
80°14'25.997"
A
25°11'05.998"
80°14'25.997"
(47) Lobster Trap Gear Closed Area 47.
Point
North Lat.
West Long.
A
25°12'00.998"
80°13'24.996"
B
25°11'43.008"
80°13'35.000"
C
25°11'48.007"
80°13'44.002"
D
25°12'06.011"
80°13'33.998"
A
25°12'00.998"
80°13'24.996"
(48) Lobster Trap Gear Closed Area 48.
Point
North Lat.
West Long.
A
25°12'18.343"
80°14'32.768"
B
25°12'02.001"
80°14'44.001"
C
25°12'07.659"
80°14'52.234"
D
25°12'24.001"
80°14'41.001"
A
25°12'18.343"
80°14'32.768"
(49) Lobster Trap Gear Closed Area 49.
Point
North Lat.
West Long.
A
25°15'23.998"
80°12'29.000"
288
B
25°15'04.676"
80°12'36.120"
C
25°15'09.812"
80°12'50.066"
D
25°15'29.148"
80°12'42.946"
A
25°15'23.998"
80°12'29.000"
(50) Lobster Trap Gear Closed Area 50.
Point
North Lat.
West Long.
A
25°16'01.997"
80°12'32.996"
B
25°15'33.419"
80°12'52.394"
C
25°15'44.007"
80°13'08.001"
D
25°16'12.585"
80°12'48.597"
A
25°16'01.997"
80°12'32.996"
(51) Lobster Trap Gear Closed Area 51.
Point
North Lat.
West Long.
A
25°16'33.006"
80°13'30.001"
B
25°16'33.006"
80°13'41.001"
C
25°16'34.425"
80°13'41.026"
D
25°16'41.850"
80°13'37.475"
E
25°16'42.001"
80°13'30.001"
A
25°16'33.006"
80°13'30.001"
(52) Lobster Trap Gear Closed Area 52.
Point
North Lat.
West Long.
A
25°17'04.715"
80°12'11.305"
B
25°16'17.007"
80°12'27.997"
C
25°16'23.997"
80°12'47.999"
D
25°17'11.705"
80°12'31.300"
A
25°17'04.715"
80°12'11.305"
(53) Lobster Trap Gear Closed Area 53.
Point
North Lat.
West Long.
A
25°17'23.008"
80°12'40.000"
B
25°17'23.008"
80°12'49.997"
C
25°17'33.005"
80°12'49.997"
D
25°17'33.005"
80°12'40.000"
A
25°17'23.008"
80°12'40.000"
(54) Lobster Trap Gear Closed Area 54.
Point
North Lat.
West Long.
A
25°20'57.996"
80°09'50.000"
B
25°20'57.996"
80°10'00.000"
289
C
25°21'07.005"
80°10'00.000"
D
25°21'07.005"
80°09'50.000"
A
25°20'57.996"
80°09'50.000"
(55) Lobster Trap Gear Closed Area 55.
Point
North Lat.
West Long.
A
25°21'45.004"
80°09'51.998"
B
25°21'38.124"
80°09'56.722"
C
25°21'49.124"
80°10'12.728"
D
25°21'56.004"
80°10'07.997"
A
25°21'45.004"
80°09'51.998"
(56) Lobster Trap Gear Closed Area 56.
Point
North Lat.
West Long.
A
25°21'49.000"
80°09'21.999"
B
25°21'49.000"
80°09'31.996"
C
25°21'58.998"
80°09'31.996"
D
25°21'58.998"
80°09'21.999"
A
25°21'49.000"
80°09'21.999"
(57) Lobster Trap Gear Closed Area 57.
Point
North Lat.
West Long.
A
25°24'31.008"
80°07'36.997"
B
25°24'31.008"
80°07'48.999"
C
25°24'41.005"
80°07'48.999"
D
25°24'41.005"
80°07'36.997"
A
25°24'31.008"
80°07'36.997"
(58) Lobster Trap Gear Closed Area 58.
Point
North Lat.
West Long.
A
25°25'14.005"
80°07'27.995"
B
25°25'14.005"
80°07'44.001"
C
25°25'26.008"
80°07'44.001"
D
25°25'26.008"
80°07'27.995"
A
25°25'14.005"
80°07'27.995"
(59) Lobster Trap Gear Closed Area 59.
Point
North Lat.
West Long.
A
25°35'13.996"
80°05'39.999"
B
25°35'13.996"
80°05'50.999"
C
25°35'24.007"
80°05'50.999"
D
25°35'24.007"
80°05'39.999"
290
A
25°35'13.996"
80°05'39.999"
(60) Lobster Trap Gear Closed Area 60.
Point
North Lat.
West Long.
A
25°40'57.003"
80°05'43.000"
B
25°40'57.003"
80°05'54.000"
C
25°41'06.550"
80°05'53.980"
D
25°41'18.136"
80°05'49.158"
E
25°41'18.001"
80°05'43.000"
A
25°40'57.003"
80°05'43.000"
(b) [Reserved]
§ 622.407 Minimum size limits and other harvest limitations.
(a) Minimum size limits. (1) Except as provided in
paragraph (c) of this section--
(i) No person may possess a spiny lobster in or from the
EEZ with a carapace length of 3.0 inches (7.62 cm) or less; and
(ii) A spiny lobster, harvested in the EEZ by means other
than diving, with a carapace length of 3.0 inches (7.62 cm) or
less must be returned immediately to the water unharmed.
(2) No person may harvest or attempt to harvest a spiny
lobster by diving in the EEZ unless he or she possesses, while
in the water, a measuring device capable of measuring the
carapace length. A spiny lobster captured by a diver must be
measured in the water using such measuring device and, if the
spiny lobster has a carapace length of 3.0 inches (7.62 cm) or
less, it must be released unharmed immediately without removal
from the water.
(3) Aboard a vessel authorized under paragraph (d) of this
section to possess a separated spiny lobster tail, no person may
possess in or from the EEZ a separated spiny lobster tail with a
tail length less than 5.5 inches (13.97 cm).
(b) Berried lobsters. A berried (egg-bearing) spiny lobster
in or from the EEZ must be returned immediately to the water
unharmed. If found in a trap in the EEZ, a berried spiny lobster
may not be retained in the trap. A berried spiny lobster in or
from the EEZ may not be stripped of its eggs or otherwise
molested. The possession of a spiny lobster, or part thereof, in
or from the EEZ from which eggs, swimmerettes, or pleopods have
been removed or stripped is prohibited.
(c) Undersized attractants. A live spiny lobster under the
minimum size limit specified in paragraph (a)(1) of this section
that is harvested in the EEZ by a trap may be retained aboard
the harvesting vessel for future use as an attractant in a trap
291
provided it is held in a live well aboard the vessel. No more
than fifty undersized spiny lobsters, and one per trap aboard
the vessel, whichever is greater, may be retained aboard for use
as attractants. The live well must provide a minimum of 3/4
gallons (1.7 liters) of seawater per spiny lobster. An
undersized spiny lobster so retained must be released to the
water alive and unharmed immediately upon leaving the trap lines
and prior to one hour after official sunset each day. No more
than fifty undersized spiny lobsters and one per trap aboard the
vessel, may be retained aboard for use as attractants.
(d) Tail separation.(1) The possession aboard a fishing
vessel of a separated spiny lobster tail in or from the EEZ, is
authorized only when the possession is incidental to fishing
exclusively in the EEZ on a trip of 48 hours or more and a valid
Federal tail-separation permit, and either a valid Federal
vessel permit for spiny lobster or a valid Florida Saltwater
Products License with a valid Florida Restricted Species
Endorsement and a valid Crawfish Endorsement, as specified in §
622.400(a)(2), has been issued to and are on board the vessel.
(2) Spiny lobster must be landed either all whole or all
tailed on a single fishing trip.
§ 622.408 Bag/possession limits.
(a) EEZ off the southern Atlantic states, other than
Florida. The daily bag or possession limit for spiny lobster in
or from the EEZ off the southern Atlantic states, other than
Florida, is two per person for commercial and recreational
fishing, year-round.
(b) EEZ off Florida and off the Gulf states, other than
Florida--(1) Commercial and recreational fishing season. Except
as specified in paragraphs (b)(3) and (b)(4) of this section,
during the commercial and recreational fishing season specified
in § 622.403(b)(1), the daily bag or possession limit of spiny
lobster in or from the EEZ off Florida and off the Gulf states,
other than Florida, is six per person.
(2) Special recreational fishing seasons. During the
special recreational fishing seasons specified in §
622.403(b)(2), the daily bag or possession limit of spiny
lobster--
(i) In or from the EEZ off the Gulf states, other than
Florida, is six per person;
(ii) In or from the EEZ off Florida other than off Monroe
County, Florida, is twelve per person; and
(iii) In or from the EEZ off Monroe County, Florida, is six
per person.
292
(3) Exemption from the bag/possession limit. During the
commercial and recreational fishing season specified in
§ 622.403(b)(1), a person is exempt from the bag and possession
limit specified in paragraph (b)(1) of this section, provided--
(i) The harvest of spiny lobsters is by diving, or by the
use of a bully net, hoop net, or spiny lobster trap; and
(ii) The vessel from which the person is operating has on
board the required licenses, certificates, or permits, as
specified in § 622.400(a)(1).
(4) Harvest by net or trawl. During the commercial and
recreational fishing season specified in § 622.403(b)(1), aboard
a vessel with the required licenses, certificates, or permits
specified in § 622.400(a)(1) that harvests spiny lobster by net
or trawl or has on board a net or trawl, the possession of spiny
lobster in or from the EEZ off Florida and off the Gulf states,
other than Florida, may not exceed at any time 5 percent, whole
weight, of the total whole weight of all fish lawfully in
possession on board such vessel. If such vessel lawfully
possesses a separated spiny lobster tail, the possession of
spiny lobster in or from the EEZ may not exceed at any time 1.6
percent, by weight of the spiny lobster or parts thereof, of the
total whole weight of all fish lawfully in possession on board
such vessel. For the purposes of this paragraph (b)(4), the term
"net or trawl" does not include a hand-held net, a loading or
dip net, a bully net, or a hoop net.
(5) Diving at night. The provisions of paragraph (b)(3) of
this section notwithstanding, a person who harvests spiny
lobster in the EEZ by diving at night, that is, from 1 hour
after official sunset to 1 hour before official sunrise, is
limited to the bag limit specified in paragraph (b)(1) of this
section, whether or not a Federal vessel permit specified in §
622.400(a)(1) has been issued to and is on board the vessel from
which the diver is operating.
(c) Combination of bag/possession limits. A person who
fishes for or possesses spiny lobster in or from the EEZ under a
bag or possession limit specified in paragraph (a) or (b) of
this section may not combine the bag or possession limits of
those paragraphs or combine such bag or possession limit with a
bag or possession limit applicable to state waters.
(d) Responsibility for bag/possession limits. The operator
of a vessel that fishes for or possesses spiny lobster in or
from the EEZ is responsible for the cumulative bag or possession
limit specified in paragraphs (a) and (b) of this section
applicable to that vessel, based on the number of persons
aboard.
(e) Transfer at sea. A person who fishes for or possesses
spiny lobster in or from the EEZ under a bag or possession limit
293
specified in paragraph (a) or (b) of this section may not
transfer a spiny lobster at sea from a fishing vessel to any
other vessel, and no person may receive at sea such spiny
lobster.
§ 622.409 Spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. There
are two minimum size limits that apply to importation of spiny
lobster into the United States--one that applies any place
subject to the jurisdiction of the United States other than
Puerto Rico or the U.S. Virgin Islands, and a more restrictive
minimum size limit that applies to Puerto Rico and the U.S.
Virgin Islands.
(1) No person may import a spiny lobster with less than a
5-ounce (142-gram) tail weight into any place subject to the
jurisdiction of the United States excluding Puerto Rico and the
U.S. Virgin Islands. For the purposes of paragraph (a) of this
section, a 5-ounce (142-gram) tail weight is defined as a tail
that weighs 4.2-5.4 ounces (119-153 grams). If the documentation
accompanying an imported spiny lobster (including but not
limited to product packaging, customs entry forms, bills of
lading, brokerage forms, or commercial invoices) indicates that
the product does not satisfy the minimum tail-weight
requirement, the person importing such spiny lobster has the
burden to prove that such spiny lobster actually does satisfy
the minimum tail-weight requirement or that such spiny lobster
has a tail length of 5.5 inches (13.97 cm) or greater or that
such spiny lobster has or had a carapace length of greater than
3.0 inches (7.62 cm). If the imported product itself does not
satisfy the minimum tail-weight requirement, the person
importing such spiny lobster has the burden to prove that such
spiny lobster has a tail length of 5.5 inches (13.97 cm) or
greater or that such spiny lobster has or had a carapace length
of greater than 3.0 inches (7.62 cm). If the burden is
satisfied, such spiny lobster will be considered to be in
compliance with the minimum 5-ounce (142-gram) tail-weight
requirement.
(2) See § 622.458 regarding a more restrictive minimum size
limit that applies to spiny lobster imported into Puerto Rico or
the U.S. Virgin Islands.
(b) Additional spiny lobster import prohibitions--(1)
Prohibition related to tail meat. No person may import into any
place subject to the jurisdiction of the United States spiny
lobster tail meat that is not in whole tail form with the
exoskeleton attached.
294
(2) Prohibitions related to egg-bearing spiny lobster. No
person may import into any place subject to the jurisdiction of
the United States spiny lobster with eggs attached or spiny
lobster from which eggs or pleopods (swimmerets) have been
removed or stripped. Pleopods (swimmerets) are the first five
pairs of abdominal appendages.
§ 622.410 Restrictions within the Tortugas marine reserves.
The following activities are prohibited within the Tortugas
marine reserves: Fishing for any species and anchoring by
fishing vessels.
(a) EEZ portion of Tortugas North. The area is bounded by
rhumb lines connecting the following points: From point A at
24°40'00" N. lat., 83°06'00" W. long. to point B at 24°46'00" N.
lat., 83°06'00" W. long. to point C at 24°46'00" N. lat.,
83°00'00" W. long.; thence along the line denoting the seaward
limit of Florida’s waters, as shown on the current edition of
NOAA chart 11438, to point A at 24°40'00" N. lat., 83°06'00" W.
long.
(b) Tortugas South. The area is bounded by rhumb lines
connecting, in order, the following points:
Point
North lat.
West long.
A
24
°
33'00"
83
°
09'00"
B
24
°
33'00"
83
°
05'00"
C
24
°
18'00"
83
°
05'00"
D
24
°
18'00"
83
°
09'00"
A
24
°
33'00"
83
°
09'00"
§ 622.411 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
For recreational and commercial spiny lobster landings
combined, the ACL is 7.32 million lb (3.32 million kg), whole
weight. The ACT is 6.59 million lb, (2.99 million kg) whole
weight.
§ 622.412 Adjustment of management measures.
295
In accordance with the framework procedure of the Fishery
Management Plan for the Spiny Lobster Fishery of the Gulf of
Mexico and South Atlantic, the RA may establish or modify the
following items:
(a) Reporting and monitoring requirements, permitting
requirements, bag and possession limits, size limits, vessel
trip limits, closed seasons, closed areas, reopening of sectors
that have been prematurely closed, annual catch limits (ACLs),
annual catch targets (ACTs), quotas, accountability measures
(AMs), maximum sustainable yield (or proxy), optimum yield,
total allowable catch (TAC), management parameters such as
overfished and overfishing definitions, gear restrictions, gear
markings and identification, vessel identification requirements,
allowable biological catch (ABC) and ABC control rule,
rebuilding plans, and restrictions relative to conditions of
harvested fish (such as tailing lobster, undersized attractants,
and use as bait).
(b) [Reserved]
§ 622.413 Incorporation by reference.
(a) Certain material is incorporated by reference into this
subpart with the approval of the Director of the Federal
Register under U.S.C. 552(a) and 1 CFR part 51. These materials
are incorporated as they exist on the date of approval and a
notice of any change in these materials will be published in the
Federal Register. This incorporation by reference was approved
by the Director of the Office of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These
materials are incorporated as they exist on the date of approval
and a notice of any change in these materials will be published
in the Federal Register. All material incorporated by reference
is available for inspection at the NMFS, Office of Sustainable
Fisheries, Office of the RA, 1315 East-West Highway, Silver
Spring, MD; and the National Archives and Records Administration
(NARA), Office of the Federal Register, 800 North Capitol Street
NW, Suite 700, Washington, DC. For more information on the
availability of this material at NARA, call 202-741-6030 or go
to http://www.archives.gov/federal-register/cfr/ibr-
locations.html.
(b) Florida Administrative Code (F.A.C.): Florida Division
of Marine Fisheries Management, 620 South Meridian Street,
Tallahassee, FL 32399; telephone: 850-488-4676;
http://laws.flrules.org.
296
(1) F.A.C., Chapter 68B-12: King mackerel resource renewal,
Rule 68B-12.004: Bag limits, in effect as of July 15, 1996, IBR
approved for § 622.382(a).
(2) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and
slipper lobster, Rule 68B-24.002: Definitions, in effect as of
July 1, 2008, IBR approved for § 622.400(a).
(3) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and
slipper lobster, Rule 68B-24.005: Seasons, in effect as of June
1, 2004, IBR approved for § 622.403(b).
(4) F.A.C., Chapter 68B-24: Spiny lobster (crawfish) and
slipper lobster, Rule 68B-24.006: Gear: Traps, Buoys,
Identification Requirements, Prohibited Devices, in effect as of
July 1, 2008, IBR approved for § 622.402(a) and § 622.405(b).
(5) F.A.C., Chapter 68B-38: Shrimping and trapping: closed
areas and seasons, Rule 68B-38.001: Citrus-Hernando Shrimping
and Trapping Closed Areas and Seasons, in effect as of March 1,
2005, IBR approved for § 622.55(e).
(6) F.A.C., Chapter 68B-55: Trap retrieval and trap debris
removal, Rule 68B-55.002: Retrieval of Trap Debris, in effect as
of October 15, 2007, IBR approved for § 622.402(c), §
622.403(b), and § 622.450(c).
(7) F.A.C., Chapter 68B-55: Trap retrieval and trap debris
removal, Rule 68B-55.004: Retrieval of Derelict and Traps
Located in Areas Permanently Closed to Trapping, in effect as of
October 15, 2007, IBR approved for § 622.402(c), § 622.403(b),
and § 622.450(c).
(c) Florida Statute: Florida Division of Marine Fisheries
Management, 620 South Meridian Street, Tallahassee, FL 32399;
telephone: 850-488-4676;
http://www.leg.state.fl.us/Statutes/index.cfm.
(1) Florida Statutes, Chapter 379: Fish and Wildlife
Conservation, Part VII: Nonrecreational Licenses, Section
379.367: Spiny lobster; regulation, 379.367, in effect as of
July 1, 2008, IBR approved for § 622.402(a).
(2) [Reserved]
§ 622.414 [Reserved]
§ 622.415 Limited exemption regarding harvest in waters of a
foreign nation.
(a) An owner or operator of a vessel that has legally
harvested spiny lobsters in the waters of a foreign nation and
possesses spiny lobster, or separated tails, in the EEZ
incidental to such foreign harvesting is exempt from the
requirements of this subpart, except for § 622.409 with which
such an owner or operator must comply, provided proof of lawful
297
harvest in the waters of a foreign nation accompanies such
lobsters or tails.
§ 622.416 Restrictions on sale/purchase.
(a) Spiny lobster harvested in or from the EEZ or adjoining
state waters by a vessel that has a valid Federal commercial
vessel permit for spiny lobster, as required under §
622.400(a)(1), or a valid Federal tail-separation permit for
spiny lobster, as required under § 622.400(a)(2), may be sold or
transferred only to a dealer who has a valid Gulf and South
Atlantic dealer permit, as required under § 622.400(a)(5).
(b) Spiny lobster harvested in or from the EEZ may be first
received by a dealer who has a valid Gulf and South Atlantic
dealer permit, as required under § 622.400(a)(5), only from a
vessel that has a valid Federal commercial vessel permit for
spiny lobster or a valid Federal tail-separation permit for
spiny lobster.
Return to Table of Contents
Subpart S--Reef Fish Fishery of Puerto Rico and the U.S. Virgin
Islands
§ 622.430 Gear identification.
(a) Fish traps and associated buoys. A fish trap used or
possessed in the Caribbean EEZ must display the official number
specified for the vessel by Puerto Rico or the U.S. Virgin
Islands so as to be easily identified. Traps used in the
Caribbean reef fish fishery that are fished individually, rather
than tied together in a trap line, must have at least one buoy
attached that floats on the surface. Traps used in the Caribbean
reef fish fishery that are tied together in a trap line must
have at least one buoy that floats at the surface attached at
each end of the trap line. Each buoy must display the official
number and color code assigned to the vessel by Puerto Rico or
the U.S. Virgin Islands, whichever is applicable, so as to be
easily distinguished, located, and identified.
(b) Presumption of ownership of fish traps. A fish trap in
the EEZ will be presumed to be the property of the most recently
documented owner. This presumption will not apply with respect
to such traps that are lost or sold if the owner reports the
loss or sale within 15 days to the RA.
(c) Disposition of unmarked fish traps or buoys. An
unmarked fish trap or a buoy deployed in the EEZ where such trap
or buoy is required to be marked is illegal and may be disposed
298
of in any appropriate manner by the Assistant Administrator or
an authorized officer.
§ 622.431 Trap construction specifications and tending
restrictions.
(a) Construction specifications--(1) Minimum mesh size. A
bare-wire fish trap used or possessed in the EEZ that has
hexagonal mesh openings must have a minimum mesh size of 1.5
inches (3.8 cm) in the smallest dimension measured between
centers of opposite strands. A bare-wire fish trap used or
possessed in the EEZ that has other than hexagonal mesh openings
or a fish trap of other than bare wire, such as coated wire or
plastic, used or possessed in the EEZ, must have a minimum mesh
size of 2.0 inches (5.1 cm) in the smallest dimension measured
between centers of opposite strands.
(2) Escape mechanisms. A fish trap used or possessed in the
Caribbean EEZ must have a panel located on one side of the trap,
excluding the top, bottom, and side containing the trap
entrance. The opening covered by the panel must measure not less
than 8 by 8 inches (20.3 by 20.3 cm). The mesh size of the panel
may not be smaller than the mesh size of the trap. The panel
must be attached to the trap with untreated jute twine with a
diameter not exceeding 1/8 inch (3.2 mm). An access door may
serve as the panel, provided it is on an appropriate side, it is
hinged only at its bottom, its only other fastening is untreated
jute twine with a diameter not exceeding 1/8 inch (3.2 mm), and
such fastening is at the top of the door so that the door will
fall open when such twine degrades. Jute twine used to secure a
panel may not be wrapped or overlapped.
(b) Tending restrictions. A fish trap in the Caribbean EEZ
may be pulled or tended only by a person (other than an
authorized officer) aboard the fish trap owner's vessel, or
aboard another vessel if such vessel has on board written
consent of the trap owner, or if the trap owner is aboard and
has documentation verifying his identification number and color
code. An owner's written consent must specify the time period
such consent is effective and the trap owner's gear
identification number and color code.
§ 622.432 Anchoring restriction.
(a) The owner or operator of any fishing vessel,
recreational or commercial, that fishes for or possesses
Caribbean reef fish in or from the Caribbean EEZ must ensure
that the vessel uses only an anchor retrieval system that
recovers the anchor by its crown, thereby preventing the anchor
299
from dragging along the bottom during recovery. For a grapnel
hook, this could include an incorporated anchor rode reversal
bar that runs parallel along the shank, which allows the rode to
reverse and slip back toward the crown. For a fluke- or plow-
type anchor, a trip line consisting of a line from the crown of
the anchor to a surface buoy would be required.
(b) [Reserved]
§ 622.433 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases
all fisheries.
(a) Poisons. A poison, drug, or other chemical may not be
used to fish for Caribbean reef fish in the Caribbean EEZ.
(b) Powerheads. A powerhead may not be used in the
Caribbean EEZ to harvest Caribbean reef fish. The possession of
a mutilated Caribbean reef fish in or from the Caribbean EEZ and
a powerhead is prima facie evidence that such fish was harvested
by a powerhead.
(c) Gillnets and trammel nets in the Caribbean EEZ. A
gillnet or trammel net may not be used in the Caribbean EEZ to
fish for Caribbean reef fish. Possession of a gillnet or trammel
net and any Caribbean reef fish in or from the Caribbean EEZ is
prima facie evidence of violation of this paragraph (c). A
gillnet or trammel net used in the Caribbean EEZ to fish for any
other species must be tended at all times.
§ 622.434 Prohibited species.
(a) General. The harvest and possession restrictions of
this section apply without regard to whether the species is
harvested by a vessel operating under a commercial vessel
permit. The operator of a vessel that fishes in the EEZ is
responsible for the limit applicable to that vessel.
(b) No person may fish for or possess goliath grouper and
Nassau grouper in or from the Caribbean EEZ. Such fish caught in
the Caribbean EEZ must be released immediately with a minimum of
harm.
(c) No person may fish for or possess midnight parrotfish,
blue parrotfish, or rainbow parrotfish in or from the Caribbean
EEZ. Such fish caught in the Caribbean EEZ must be released with
a minimum of harm.
§ 622.435 Seasonal and area closures.
(a) Seasonal closures--(1) Seasonal closures applicable to
300
specific species only--(i) Red, black, tiger, yellowfin, or
yellowedge grouper closure. From February 1 through April 30,
each year, no person may fish for or possess red, black, tiger,
yellowfin, or yellowedge grouper in or from the Caribbean EEZ.
This prohibition on possession does not apply to such grouper
harvested and landed ashore prior to the closure.
(ii) Red hind closure. From December 1 through the last day
of February, each year, no person may fish for or possess red
hind in or from the Caribbean EEZ west of 67°10' W. longitude.
This prohibition on possession does not apply to red hind
harvested and landed ashore prior to the closure.
(iii) Vermilion, black, silk, or blackfin snapper closure.
From October 1 through December 31, each year, no person may
fish for or possess vermilion, black, silk, or blackfin snapper
in or from the Caribbean EEZ. This prohibition on possession
does not apply to such snapper harvested and landed ashore prior
to the closure.
(iv) Lane or mutton snapper closure. From April 1 through
June 30, each year, no person may fish for or possess lane or
mutton snapper in or from the Caribbean EEZ. This prohibition on
possession does not apply to such snapper harvested and landed
ashore prior to the closure.
(2) Seasonal closures applicable to broad categories of
fish or to all fishing--(i) Mutton snapper spawning aggregation
area. From March 1 through June 30, each year, fishing is
prohibited in that part of the following area that is in the
EEZ. The area is bounded by rhumb lines connecting, in order,
the points listed.
Point
West long.
A
64°53.0'
B
64°53.0'
C
64°50.5'
D
64°50.5'
E
64°52.5'
A
64°53.0'
(ii) Red hind spawning aggregation areas. From December 1
through February 28, each year, fishing is prohibited in those
parts of the following areas that are in the EEZ. Each area is
bounded by rhumb lines connecting, in order, the points listed.
(A) East of St. Croix.
Point
West long.
301
A
64°27.9'
B
64°26.1'
C
64°25.8'
D
64°25.8'
E
64°26.1'
F
64°26.9'
A
64°27.9'
(B) West of Puerto Rico--(1) [Reserved]
(2) Tourmaline Bank.
Point
West long.
A
67°22.4'
B
67°19.2'
C
67°19.2'
D
67°22.4'
A
67°22.4'
(3) Abrir La Sierra Bank.
Point
West long.
A
67°26.9'
B
67°23.9'
C
67°23.9'
D
67°26.9'
A
67°26.9'
(iii) Grammanik Bank closed area. (A) The Grammanik Bank
closed area is bounded by rhumb lines connecting, in order, the
following points:
Point
West long.
A
64°56.328'
B
64°56.225'
C
64°57.810'
302
D
64°57.913'
A
64°56.328'
(B) From February 1 through April 30, each year, no person
may fish for or possess any species of fish, except highly
migratory species, in or from the Grammanik Bank closed area.
This prohibition on possession does not apply to such fish
harvested and landed ashore prior to the closure. For the
purpose of this paragraph, “fish” means finfish, mollusks,
crustaceans, and all other forms of marine animal and plant life
other than marine mammals and birds. “Highly migratory species”
means bluefin, bigeye, yellowfin, albacore, and skipjack tunas;
swordfish; sharks (listed in Appendix A to part 635 of this
title); and white marlin, blue marlin, sailfish, and longbill
spearfish.
(iv) Bajo de Sico closed area. (A) The Bajo de Sico closed
area is bounded by rhumb lines connecting, in order the
following points:
Point A
North lat.
West long.
A
18°15.7'
67°26.4'
B
18°15.7'
67°23.2'
C
18°12.7'
67°23.2'
D
18
°
12.7'
67
°
26.4'
A
18°15.7'
67°26.4'
(B) From October 1 through March 31, each year, no person
may fish for or possess any Caribbean reef fish, as listed in
Table 2 of Appendix A to part 622, in or from those parts of the
Bajo de Sico closed area that are in the EEZ. The prohibition on
possession does not apply to such Caribbean reef fish harvested
and landed ashore prior to the closure.
(b) Year-round closures--(1) Hind Bank Marine Conservation
District (MCD). The following activities are prohibited within
the Hind Bank MCD: Fishing for any species and anchoring by
fishing vessels. The Hind Bank MCD is bounded by rhumb lines
connecting, in order, the points listed.
Point
West long.
A
65°06.0'
B
64°59.0'
C
64°59.0'
D
65°06.0'
303
A
65°06.0'
(2) Areas closed year-round to certain fishing gear.
Fishing with pots, traps, bottom longlines, gillnets or trammel
nets is prohibited year-round in the closed areas specified in
paragraphs (a)(2)(i),(ii), (iii), and (iv) of this section.
(3) Anchoring prohibition year-round in Bajo de Sico.
Anchoring, by fishing vessels, is prohibited year-round in those
parts of the Bajo de Sico closed area, described in paragraph
(a)(2)(iv) of this section, that are in the EEZ.
§ 622.436 Size limits.
All size limits in this section are minimum size limits
unless specified otherwise. A fish not in compliance with its
size limit, as specified in this section, in or from the
Caribbean EEZ, may not be possessed, sold, or purchased. A fish
not in compliance with its size limit must be released
immediately with a minimum of harm. The operator of a vessel
that fishes in the EEZ is responsible for ensuring that fish on
board are in compliance with the size limits specified in this
section. See § 622.10 regarding requirements for landing fish
intact.
(a) Yellowtail snapper. The minimum size limit for
yellowtail snapper is 12 inches (30.5 cm), TL.
(b) Parrotfishes. The minimum size limit for parrotfishes,
except for redband parrotfish, in the St. Croix Management Area
only (as defined in Table 2 of Appendix E to Part 622) is 9
inches (22.9 cm), fork length. See § 622.434(c) for the current
prohibition on the harvest and possession of midnight
parrotfish, blue parrotfish, or rainbow parrotfish.
(c) Redband parrotfish. The minimum size limit for red band
parrotfish in the St. Croix Management Area only (as defined in
Table 2 of Appendix E to Part 622) is 8 inches (20.3 cm), fork
length.
§ 622.437 Bag limits.
(a) Applicability. Section 622.11(a) provides the general
applicability for bag and possession limits. However, §
622.11(a)(1) notwithstanding, the bag limits of paragraph (b) of
this section do not apply to a person who has a valid commercial
fishing license issued by Puerto Rico or the U.S. Virgin
Islands.
(b) Bag limits. (1) Groupers, snappers, and parrotfishes
combined--5 per person per day or, if 3 or more persons are
aboard, 15 per vessel per day; but not to exceed 2 parrotfish
304
per person per day or 6 parrotfish per vessel per day.
(2) Other reef fish species combined--5 per person per day
or, if 3 or more persons are aboard, 15 per vessel per day, but
not to exceed 1 surgeonfish per person per day or 4 surgeonfish
per vessel per day.
§ 622.438 Restrictions on sale/purchase.
(a) Live red hind or live mutton snapper. A live red hind
or live mutton snapper in or from the Caribbean EEZ may not be
sold or purchased and used in the marine aquarium trade.
(b) [Reserved]
§ 622.439 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
See § 622.12 for applicable ACLs and AMs.
§ 622.440 Adjustment of management measures.
In accordance with the framework procedure of the Fishery
Management Plan for the Reef Fish Fishery of Puerto Rico and the
U.S. Virgin Islands, the RA may establish or modify the
following items:
(a) Fishery management units (FMUs), quotas, trip limits,
bag limits, size limits, closed seasons or areas, gear
restrictions, fishing years, MSY, OY, TAC, maximum fishing
mortality threshold (MFMT), minimum stock size threshold (MSST),
overfishing limit (OFL), acceptable biological catch (ABC)
control rules, ACLs, AMs, ACTs, and actions to minimize the
interaction of fishing gear with endangered species or marine
mammals.
(b) [Reserved]
Return to Table of Contents
Subpart T--Spiny Lobster Fishery of Puerto Rico and the U.S.
Virgin Islands
§ 622.450 Gear identification.
(a) Caribbean spiny lobster traps and associated buoys. A
Caribbean spiny lobster trap used or possessed in the Caribbean
EEZ must display the official number specified for the vessel by
Puerto Rico or the U.S. Virgin Islands so as to be easily
identified. Traps used in the Caribbean spiny lobster fishery
that are fished individually, rather than tied together in a
305
trap line, must have at least one buoy attached that floats on
the surface. Traps used in the Caribbean spiny lobster fishery
that are tied together in a trap line must have at least one
buoy that floats at the surface attached at each end of the trap
line. Each buoy must display the official number and color code
assigned to the vessel by Puerto Rico or the U.S. Virgin
Islands, whichever is applicable, so as to be easily
distinguished, located, and identified.
(b) Presumption of ownership of Caribbean spiny lobster
traps. A Caribbean spiny lobster trap in the EEZ will be
presumed to be the property of the most recently documented
owner. This presumption will not apply with respect to such
traps that are lost or sold if the owner reports the loss or
sale within 15 days to the RA.
(c) Disposition of unmarked Caribbean spiny lobster traps
or buoys. An unmarked Caribbean spiny lobster trap or a buoy
deployed in the EEZ where such trap or buoy is required to be
marked is illegal and may be disposed of in any appropriate
manner by the Assistant Administrator or an authorized officer.
In the EEZ off Florida, during times other than the authorized
fishing season, a Caribbean spiny lobster trap, buoy, or any
connecting lines will be considered derelict and may be disposed
of in accordance with Rules 68B-55.002 and 68B-55.004 of the
Florida Administrative Code, in effect as of October 15, 2007
(incorporated by reference, see § 622.413).
§ 622.451 Trap construction specifications and tending
restrictions.
(a) Construction specifications--(1) Escape mechanisms. A
spiny lobster trap used or possessed in the Caribbean EEZ must
contain on any vertical side or on the top a panel no smaller in
diameter than the throat or entrance of the trap. The panel must
be made of or attached to the trap by one of the following
degradable materials:
(i) Untreated fiber of biological origin with a diameter
not exceeding 1/8 inch (3.2 mm). This includes, but is not
limited to tyre palm, hemp, jute, cotton, wool, or silk.
(ii) Ungalvanized or uncoated iron wire with a diameter not
exceeding 1/16 inch (1.6 mm), that is, 16 gauge wire.
(2) [Reserved]
(b) Tending restrictions. A Caribbean spiny lobster trap in
the Caribbean EEZ may be pulled or tended only by a person
(other than an authorized officer) aboard the spiny lobster trap
owner's vessel, or aboard another vessel if such vessel has on
board written consent of the trap owner, or if the trap owner is
aboard and has documentation verifying his identification number
306
and color code. An owner's written consent must specify the time
period such consent is effective and the trap owner's gear
identification number and color code.
§ 622.452 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases
all fisheries.
(a) Spears and hooks. A spear, hook, or similar device may
not be used in the Caribbean EEZ to harvest a Caribbean spiny
lobster. The possession of a speared, pierced, or punctured
Caribbean spiny lobster in or from the Caribbean EEZ is prima
facie evidence of violation of this section.
(b) Gillnets and trammel nets in the Caribbean EEZ. A
gillnet or trammel net may not be used in the Caribbean EEZ to
fish for Caribbean spiny lobster. Possession of a gillnet or
trammel net and any Caribbean spiny lobster in or from the
Caribbean EEZ is prima facie evidence of violation of this
paragraph (b). A gillnet or trammel net used in the Caribbean
EEZ to fish for any other species must be tended at all times.
§ 622.453 Prohibition on harvest of egg-bearing spiny lobster.
(a) Egg-bearing spiny lobster in the Caribbean EEZ must be
returned to the water unharmed. An egg-bearing spiny lobster may
be retained in a trap, provided the trap is returned immediately
to the water. An egg-bearing spiny lobster may not be stripped,
scraped, shaved, clipped, or in any other manner molested, in
order to remove the eggs.
(b) [Reserved]
§ 622.454 Minimum size limit.
(a) The minimum size limit for Caribbean spiny lobster is
3.5 inches (8.9 cm), carapace length.
(b) A spiny lobster not in compliance with its size limit,
as specified in this section, in or from the Caribbean EEZ, may
not be possessed, sold, or purchased and must be released
immediately with a minimum of harm. The operator of a vessel
that fishes in the EEZ is responsible for ensuring that spiny
lobster on board are in compliance with the size limit specified
in this section.
§ 622.455 Landing spiny lobster intact.
(a) A Caribbean spiny lobster in or from the Caribbean EEZ
307
must be maintained with head and carapace intact.
(b) The operator of a vessel that fishes in the EEZ is
responsible for ensuring that spiny lobster on that vessel in
the EEZ are maintained intact and, if taken from the EEZ, are
maintained intact through offloading ashore, as specified in
this section.
§ 622.456 Bag limits.
(a) Applicability. Section 622.11(a) provides the general
applicability for bag and possession limits. However,
§ 622.11(a)(1) notwithstanding, the bag limit of paragraph (b)
of this section does not apply to a person who has a valid
commercial fishing license issued by Puerto Rico or the U.S.
Virgin Islands.
(b) Bag limit. The bag limit for spiny lobster in or from
the Caribbean EEZ is 3 per person per day, not to exceed 10 per
vessel per day, whichever is less.
§ 622.457 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
See § 622.12 for applicable ACLs and AMs.
§ 622.458 Caribbean spiny lobster import prohibitions.
(a) Minimum size limits for imported spiny lobster. There
are two minimum size limits that apply to importation of spiny
lobster into the United States–-one that applies any place
subject to the jurisdiction of the United States other than
Puerto Rico or the U.S. Virgin Islands, and a more restrictive
minimum size limit that applies to Puerto Rico and the U.S.
Virgin Islands.
(1) No person may import a Caribbean spiny lobster with
less than a 6-ounce (170-gram) tail weight into Puerto Rico or
the U.S. Virgin Islands. For the purposes of paragraph (a) of
this section, a 6-ounce (170-gram) tail weight is defined as a
tail that weighs 5.9-6.4 ounces (167-181 grams). If the
documentation accompanying an imported Caribbean spiny lobster
(including but not limited to product packaging, customs entry
forms, bills of lading, brokerage forms, or commercial invoices)
indicates that the product does not satisfy the minimum tail-
weight, the person importing such Caribbean spiny lobster has
the burden to prove that such Caribbean spiny lobster actually
does satisfy the minimum tail-weight requirement or that such
Caribbean spiny lobster has a tail length of 6.2 inches (15.75
cm) or greater or that such Caribbean spiny lobster has or had a
308
carapace length of 3.5 inches (8.89 cm) or greater. If the
imported product itself does not satisfy the minimum tail-weight
requirement, the person importing such Caribbean spiny lobster
has the burden to prove that such Caribbean spiny lobster has a
tail length of 6.2 inches (15.75 cm) or greater or that such
Caribbean spiny lobster has or had a carapace length of 3.5
inches (8.89 cm) or greater. If the burden is satisfied such
Caribbean spiny lobster will be considered to be in compliance
with the minimum 6-ounce (170-gram) tail-weight requirement.
(2) See § 622.409 regarding the minimum size limit that
applies to spiny lobster imported into any place subject to the
jurisdiction of the United States other than Puerto Rico or the
U.S. Virgin Islands.
(b) Additional Caribbean spiny lobster import prohibitions–
-(1) Prohibition related to tail meat. No person may import into
any place subject to the jurisdiction of the United States
Caribbean spiny lobster tail meat that is not in whole tail form
with the exoskeleton attached.
(2) Prohibitions related to egg-bearing spiny lobster. No
person may import into any place subject to the jurisdiction of
the United States Caribbean spiny lobster with eggs attached or
Caribbean spiny lobster from which eggs or pleopods (swimmerets)
have been removed or stripped. Pleopods (swimmerets) are the
first five pairs of abdominal appendages.
§ 622.459 Adjustment of management measures.
In accordance with the framework procedure of the Fishery
Management Plan for the Spiny Lobster Fishery of Puerto Rico and
the U.S. Virgin Islands, the RA may establish or modify the
following items:
(a) Fishery management unit (FMU), quotas, trip limits, bag
limits, size limits, closed seasons or areas, gear restrictions,
fishing years, MSY, OY, TAC, maximum fishing mortality threshold
(MFMT), minimum stock size threshold (MSST), overfishing limit
(OFL), acceptable biological catch (ABC) control rules, ACLs,
AMs, ACTs, and actions to minimize the interaction of fishing
gear with endangered species or marine mammals.
(b) [Reserved]
Return to Table of Contents
Subpart U--Corals and Reef Associated Plants and Invertebrates
of Puerto Rico and the U.S. Virgin Islands
§ 622.470 Permits.
309
See § 622.4 of this part for information regarding general
permit procedures including, but not limited to fees, duration,
transfer, renewal, display, sanctions and denials, and
replacement.
(a) Required permits--(1) Prohibited coral. A Federal
permit may be issued to take or possess Caribbean prohibited
coral only as scientific research activity, exempted fishing, or
exempted educational activity. See § 600.745 of this chapter for
the procedures and limitations for such activities and fishing.
(2) [Reserved]
(b) Application. (1) The applicant for a coral permit must
be the individual who will be conducting the activity that
requires the permit.
(2) An applicant must provide the following:
(i) Name, address, telephone number, and other identifying
information of the applicant.
(ii) Name and address of any affiliated company,
institution, or organization.
(iii) Information concerning vessels, harvesting
gear/methods, or fishing areas, as specified on the application
form.
(iv) Any other information that may be necessary for the
issuance or administration of the permit.
§ 622.471 Prohibited gear and methods.
Also see § 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases
all fisheries.
(a) Power-assisted tools. A power-assisted tool may not be
used in the Caribbean EEZ to take a Caribbean coral reef
resource.
(b) [Reserved]
§ 622.472 Prohibited species.
(a) General. The harvest and possession restrictions of
this section apply without regard to whether the species is
harvested by a vessel operating under a commercial vessel
permit. The operator of a vessel that fishes in the EEZ is
responsible for the limit applicable to that vessel.
(b) Caribbean prohibited coral. Caribbean prohibited coral
may not be fished for or possessed in or from the Caribbean EEZ.
The taking of Caribbean prohibited coral in the Caribbean EEZ is
not considered unlawful possession provided it is returned
immediately to the sea in the general area of fishing.
310
§ 622.473 Restrictions on sale/purchase.
(a) Caribbean prohibited coral. (1) No person may sell or
purchase a Caribbean prohibited coral harvested in the Caribbean
EEZ.
(2) A Caribbean prohibited coral that is sold in Puerto
Rico or the U.S. Virgin Islands will be presumed to have been
harvested in the Caribbean EEZ, unless it is accompanied by
documentation showing that it was harvested elsewhere. Such
documentation must contain:
(i) The information specified in subpart K of part 300 of
this title for marking containers or packages of fish or
wildlife that are imported, exported, or transported in
interstate commerce.
(ii) The name and home port of the vessel, or the name and
address of the individual, harvesting the Caribbean prohibited
coral.
(iii) The port and date of landing the Caribbean prohibited
coral.
(iv) A statement signed by the person selling the Caribbean
prohibited coral attesting that, to the best of his or her
knowledge, information, and belief, such Caribbean prohibited
coral was harvested other than in the Caribbean EEZ or the
waters of Puerto Rico or the U.S. Virgin Islands.
(b) [Reserved]
§ 622.474 Adjustment of management measures.
In accordance with the framework procedure of the Fishery
Management Plan for Corals and Reef Associated Plants and
Invertebrates of Puerto Rico and the U.S. Virgin Islands, the RA
may establish or modify the following items:
(a) Fishery management units (FMUs), quotas, trip limits,
bag limits, size limits, closed seasons or areas, gear
restrictions, fishing years, MSY, OY, TAC, MFMT, MSST, OFL, ABC
control rules, ACLs, AMs, ACTs, and actions to minimize the
interaction of fishing gear with endangered species or marine
mammals.
(b) [Reserved]
Return to Table of Contents
Subpart V--Queen Conch Resources of Puerto Rico and the U.S.
Virgin Islands
§ 622.490 Prohibited gear and methods.
311
Also see § 622.9 for additional prohibited gear and methods
that apply more broadly to multiple fisheries or in some cases
all fisheries.
(a) In the Caribbean EEZ, no person may harvest queen conch
by diving while using a device that provides a continuous air
supply from the surface.
(b) [Reserved]
§ 622.491 Seasonal and area closures.
(a) No person may fish for or possess on board a fishing
vessel a Caribbean queen conch in or from the Caribbean EEZ,
except from November 1 through May 31 in the area east of 64°34′
W. longitude which includes Lang Bank east of St. Croix, U.S.
Virgin Islands.
(b) Pursuant to the procedures and criteria established in
the FMP for Queen Conch Resources in Puerto Rico and the U.S.
Virgin Islands, when the ACL, as specified in
§ 622.12(a)(2)(i)(A), is reached or projected to be reached, the
Regional Administrator will close the Caribbean EEZ to the
harvest and possession of queen conch, in the area east of
64°34' W. longitude which includes Lang Bank, east of St. Croix,
U.S. Virgin Islands, by filing a notification of closure with
the Office of the Federal Register. During the closure, no
person may fish for or possess on board a fishing vessel, a
Caribbean queen conch, in or from the Caribbean EEZ, in the area
east of 64°34' W. longitude which includes Lang Bank, east of St.
Croix, U.S. Virgin Islands.
§ 622.492 Minimum size limit.
(a) The minimum size limit for Caribbean queen conch is 9
inches (22.9 cm) in length, that is, from the tip of the spire
to the distal end of the shell, and 3/8 inch (9.5 mm) in lip
width at its widest point. A queen conch with a length of at
least 9 inches (22.9 cm) or a lip width of at least 3/8 inch
(9.5 mm) is not undersized.
(b) A Caribbean queen conch not in compliance with its size
limit, as specified in this section, in or from the Caribbean
EEZ, may not be possessed, sold, or purchased and must be
released immediately with a minimum of harm. The operator of a
vessel that fishes in the EEZ is responsible for ensuring that
Caribbean queen conch on board are in compliance with the size
limit specified in this section.
§ 622.493 Landing Caribbean queen conch intact.
312
(a) A Caribbean queen conch in or from the Caribbean EEZ
must be maintained with meat and shell intact.
(b) The operator of a vessel that fishes in the EEZ is
responsible for ensuring that Caribbean queen conch on that
vessel in the EEZ are maintained intact and, if taken from the
EEZ, are maintained intact through offloading ashore, as
specified in this section.
§ 622.494 Bag limit.
(a) Applicability. Section 622.11(a) provides the general
applicability for bag and possession limits. However, §
622.11(a)(1) notwithstanding, the bag limit of paragraph (b) of
this section does not apply to a person who has a valid
commercial fishing license issued by Puerto Rico or the U.S.
Virgin Islands.
(b) Bag limit. The bag limit for queen conch in or from the
Caribbean EEZ is 3 per person or, if more than 4 persons are
aboard, 12 per boat.
§ 622.495 Commercial trip limit.
Commercial trip limits are limits on the amount of the
applicable species that may be possessed on board or landed,
purchased, or sold from a vessel per day. A person who fishes in
the EEZ may not combine a trip limit specified in this section
with any trip or possession limit applicable to state waters. A
species subject to a trip limit specified in this section taken
in the EEZ may not be transferred at sea, regardless of where
such transfer takes place, and such species may not be
transferred in the EEZ.
(a) Applicability. The trip limit of paragraph (b) of this
section applies to a vessel that has at least one person on
board with a valid commercial fishing license issued by Puerto
Rico or the U.S. Virgin Islands. If no person on board the
vessel has a valid commercial fishing license issued by Puerto
Rico or the U.S. Virgin Islands, the bag limit specified in §
622.494(b) applies.
(b) Trip limit. The trip limit for queen conch in or from
the Caribbean EEZ is 200 queen conch per day.
§ 622.496 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
See § 622.12 for applicable ACLs and AMs.
§ 622.497 Adjustment of management measures.
313
In accordance with the framework procedure of the Fishery
Management Plan for Queen Conch Resources of Puerto Rico and the
U.S. Virgin Islands, the RA may establish or modify the
following items:
(a) Quotas, trip limits, bag limits, size limits, closed
seasons or areas, gear restrictions, fishing year, MSY, OY, TAC,
MFMT, MSST, OFL, ABC control rules, ACLs, AMs, ACTs, and actions
to minimize the interaction of fishing gear with endangered
species or marine mammals.
(b) [Reserved]
Return to Table of Contents
Appendix A to Part 622–-Species Tables
Table 1 of Appendix A to Part 622--Caribbean Coral Reef
Resources
I. Coelenterates--Phylum Coelenterata
A. Hydrocorals--Class Hydrozoa
1. Hydroids--Order Anthoathecata
Family Milleporidae
Millepora spp., Fire corals
Family Stylasteridae
Stylaster roseus, Rose lace corals
B. Anthozoans--Class Anthozoa
1. Soft corals--Order Alcyonacea
Family Anthothelidae
Erythropodium caribaeorum, Encrusting
gorgonian
Iciligorgia schrammi, Deepwater sea fan
Family Briareidae
Briareum asbestinum, Corky sea finger
Family Clavulariidae
Carijoa riisei
Telesto spp.
2. Gorgonian corals--Order Gorgonacea
Family Ellisellidae
Ellisella spp., Sea whips
Family Gorgoniidae
Gorgonia flabellum, Venus sea fan
G. mariae, Wide-mesh sea fan
G. ventalina, Common sea fan
Pseudopterogorgia acerosa, Sea plume
P. albatrossae
P. americana, Slimy sea plume
P. bipinnata, Bipinnate plume
314
P. rigida
Pterogorgia anceps, Angular sea whip
P. citrina, Yellow sea whip
Family Plexauridae
Eunicea calyculata, Warty sea rod
E. clavigera
E. fusca, Doughnut sea rod
E. knighti
E. laciniata
E. laxispica
E. mammosa, Swollen-knob
E. succinea, Shelf-knob sea rod
E. touneforti
Muricea atlantica
M. elongata, Orange spiny rod
M. laxa, Delicate spiny rod
M. muricata, Spiny sea fan
M. pinnata, Long spine sea fan
Muriceopsis spp.
M. flavida, Rough sea plume
M. sulphurea
Plexaura flexuosa, Bent sea rod
P. homomalla, Black sea rod
Plexaurella dichotoma, Slit-pore sea rod
P. fusifera
P. grandiflora
P. grisea
P. nutans, Giant slit-pore
Pseudoplexaura crucis
P. flagellosa
P. porosa, Porous sea rod
P. wagenaari
3. Hard Corals--Order Scleractinia
Family Acroporidae
Acropora cervicornis, Staghorn coral
A. palmata, Elkhorn coral
A. prolifera, Fused staghorn
Family Agaricidae
Agaricia agaricites, Lettuce leaf coral
A. fragilis, Fragile saucer
A. lamarcki, Lamarck's sheet
A. tenuifolia, Thin leaf lettuce
Leptoseris cucullata, Sunray lettuce
Family Astrocoeniidae
Stephanocoenia michelinii, Blushing star
Family Caryophylliidae
Eusmilia fastigiata, Flower coral
315
Tubastrea aurea, Cup coral
Family Faviidae
Cladocora arbuscula, Tube coral
Colpophyllia natans, Boulder coral
Diploria clivosa, Knobby brain coral
D. labyrinthiformis, Grooved brain
D. strigosa, Symmetrical brain
Favia fragum, Golfball coral
Manicina areolata, Rose coral
M. mayori, Tortugas rose coral
Montastrea annularis, Boulder star coral
M. cavernosa, Great star coral
Solenastrea bournoni, Smooth star coral
Family Meandrinidae
Dendrogyra cylindrus, Pillar coral
Dichocoenia stellaris, Pancake star
D. stokesi, Elliptical star
Meandrina meandrites, Maze coral
Family Mussidae
Isophyllastrea rigida, Rough star coral
Isophyllia sinuosa, Sinuous cactus
Mussa angulosa, Large flower coral
Mycetophyllia aliciae, Thin fungus coral
M. danae, Fat fungus coral
M. ferox, Grooved fungus
M. lamarckiana, Fungus coral
Scolymia cubensis, Artichoke coral
S. lacera, Solitary disk
Family Oculinidae
Oculina diffusa, Ivory bush coral
Family Pocilloporidae
Madracis decactis, Ten-ray star coral
M. mirabilis, Yellow pencil
Family Poritidae
Porites astreoides, Mustard hill coral
P. branneri, Blue crust coral
P. divaricata, Small finger coral
P. porites, Finger coral
Family Rhizangiidae
Astrangia solitaria, Dwarf cup coral
Phyllangia americana, Hidden cup coral
Family Siderastreidae
Siderastrea radians, Lesser starlet
S. siderea, Massive starlet
4. Black Corals--Order Antipatharia
Antipathes spp., Bushy black coral
Stichopathes spp., Wire coral
316
II. [Reserved]
Aquarium Trade Species in the Caribbean Coral FMP
I. Sponges--Phylum Porifera
A. Demosponges--Class Demospongiae
Amphimedon compressa, Erect rope sponge
Chondrilla nucula, Chicken liver sponge
Cinachyrella alloclada
Geodia neptuni, Potato sponge
Haliclona spp., Finger sponge
Myriastra spp.
Niphates digitalis, Pink vase sponge
N. erecta, Lavender rope sponge
Spinosella plicifera
S. vaginalis
Tethya crypta
II. Coelenterates-–Phylum Coelenterata
A. Anthozoans–-Class Anthozoa
1. Anemones--Order Actiniaria
Aiptasia tagetes, Pale anemone
Bartholomea annulata, Corkscrew anemone
Condylactis gigantea, Giant pink-tipped
anemone
Heteractis lucida, Knobby anemone
Lebrunia spp., Staghorn anemone
Stichodactyla helianthus, Sun anemone
2. Colonial Anemones--Order Zoanthidea
Zoanthus spp., Sea mat
3. False Corals--Order Corallimorpharia
Discosoma spp. (formerly Rhodactis), False
coral
Ricordea florida, Florida false coral
III. Annelid Worms--Phylum Annelida
A. Polychaetes--Class Polychaeta
Family Sabellidae, Feather duster worms
Sabellastarte spp., Tube worms
S. magnifica, Magnificent duster
Family Serpulidae
Spirobranchus giganteus, Christmas tree worm
IV. Mollusks--Phylum Mollusca
A. Gastropods--Class Gastropoda
Family Elysiidae
Tridachia crispata, Lettuce sea slug
Family Olividae
Oliva reticularis, Netted olive
Family Ovulidae
Cyphoma gibbosum, Flamingo tongue
B. Bivalves--Class Bivalvia
317
Family Limidae
Lima spp., Fileclams
L. scabra, Rough fileclam
Family Spondylidae
Spondylus americanus, Atlantic thorny oyster
C. Cephalopods--Class Cephalopoda
1. Octopuses--Order Octopoda
Family Octopodidae
Octopus spp. (except the Common octopus, O.
vulgaris)
V. Arthropods--Phylum Arthropoda
A. Crustaceans--Subphylum Crustacea
1. Decapods--Order Decapoda
Family Alpheidae
Alpheus armatus, Snapping shrimp
Family Diogenidae
Paguristes spp., Hermit crabs
P. cadenati, Red reef hermit
Family Grapsidae
Percnon gibbesi, Nimble spray crab
Family Hippolytidae
Lysmata spp., Peppermint shrimp
Thor amboinensis, Anemone shrimp
Family Majidae, Coral crabs
Mithrax spp., Clinging crabs
M. cinctimanus, Banded clinging
M. sculptus, Green clinging
Stenorhynchus seticornis, Yellowline arrow
Family Palaemonida
Periclimenes spp., Cleaner shrimp
Family Squillidae, Mantis crabs
Gonodactylus spp.
Lysiosquilla spp.
Family Stenopodidae, Coral shrimp
Stenopus hispidus, Banded shrimp
S. scutellatus, Golden shrimp
VI. Echinoderms--Phylum Echinodermata
A. Feather stars--Class Crinoidea
Analcidometra armata, Swimming crinoid
Davidaster spp., Crinoids
Nemaster spp., Crinoids
B. Sea stars--Class Asteroidea
Astropecten spp., Sand stars
Linckia guildingii, Common comet star
Ophidiaster guildingii, Comet star
Oreaster reticulatus, Cushion sea star
C. Brittle and basket stars--Class Ophiuroidea
318
Astrophyton muricatum, Giant basket star
Ophiocoma spp., Brittlestars
Ophioderma spp., Brittlestars
O. rubicundum, Ruby brittlestar
D. Sea Urchins--Class Echinoidea
Diadema antillarum, Long-spined urchin
Echinometra spp., Purple urchin
Eucidaris tribuloides, Pencil urchin
Lytechinus spp., Pin cushion urchin
Tripneustes ventricosus, Sea egg
E. Sea Cucumbers--Class Holothuroidea
Holothuria spp., Sea cucumbers
VII. Chordates--Phylum Chordata
A. Tunicates--Subphylum Urochordata
Table 2 of Appendix A to Part 622--Caribbean Reef Fish
Lutjanidae--Snappers
Unit 1
Black snapper, Apsilus dentatus
Blackfin snapper, Lutjanus buccanella
Silk snapper, Lutjanus vivanus
Vermilion snapper, Rhomboplites aurorubens
Wenchman, Pristipomoides aquilonaris
Unit 2
Cardinal, Pristipomoides macrophthalmus
Queen snapper, Etelis oculatus
Unit 3
Gray snapper, Lutjanus griseus
Lane snapper, Lutjanus synagris
Mutton snapper, Lutjanus analis
Dog snapper, Lutjanus jocu
Schoolmaster, Lutjanus apodus
Mahogany snapper, Lutjanus mahogoni
Unit 4
Yellowtail snapper, Ocyurus chrysurus
Serranidae--Sea basses and Groupers
Unit 1
Nassau Grouper, Epinephelus striatus
Unit 2
Goliath grouper, Epinephelus itajara
Unit 3
Coney, Epinephelus fulvus
Graysby, Epinephelus cruentatus
Red hind, Epinephelus guttatus
Rock hind, Epinephelus adscensionis
Unit 4
319
Black grouper, Mycteroperca bonaci
Red grouper, Epinephelus morio
Tiger grouper, Mycteroperca tigris
Yellowfin grouper, Mycteroperca venenosa
Unit 5
Misty grouper, Epinephelus mystacinus
Yellowedge grouper, Epinephelus flavolimbatus
Haemulidae--Grunts
White grunt, Haemulon plumierii
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
Bluestriped grunt, Haemulon sciurus
French grunt, Haemulon flavolineatum
Porkfish, Anisotremus virginicus
Mullidae--Goatfishes
Spotted goatfish, Pseudupeneus maculatus
Yellow goatfish, Mulloidichthys martinicus
Sparidae--Porgies
Jolthead porgy, Calamus bajonado
Sea bream, Archosargus rhomboidalis
Sheepshead porgy, Calamus penna
Pluma, Calamus pennatula
Holocentridae--Squirrelfishes
Blackbar soldierfish, Myripristis jacobus
Bigeye, Priacanthus arenatus
Longspine squirrelfish, Holocentrus rufus
Squirrelfish, Holocentrus adscensionis
Malacanthidae--Tilefishes
Blackline tilefish, Caulolatilus cyanops
Sand tilefish, Malacanthus plumieri
Carangidae--Jacks
Blue runner, Caranx crysos
Horse-eye jack, Caranx latus
Black jack, Caranx lugubris
Almaco jack, Seriola rivoliana
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
Yellow jack, Caranx bartholomaei
Scaridae--Parrotfishes
Blue parrotfish, Scarus coeruleus
Midnight parrotfish, Scarus coelestinus
Princess parrotfish, Scarus taeniopterus
Queen parrotfish, Scarus vetula
Rainbow parrotfish, Scarus guacamaia
Redfin parrotfish, Sparisoma rubripinne
Redtail parrotfish, Sparisoma chrysopterum
Stoplight parrotfish, Sparisoma viride
320
Redband parrotfish, Sparisoma aurofrenatum
Striped parrotfish, Scarus croicensis
Acanthuridae--Surgeonfishes
Blue tang, Acanthurus coeruleus
Ocean surgeonfish, Acanthurus bahianus
Doctorfish, Acanthurus chirurgus
Balistidae–-Triggerfishes
Ocean triggerfish, Canthidermis sufflamen
Queen triggerfish, Balistes vetula
Sargassum triggerfish, Xanthichthys ringens
Monacanthidae-–Filefishes
Scrawled filefish, Aluterus scriptus
Whitespotted filefish, Cantherhines macrocerus
Black durgon, Melichthys niger
Ostraciidae--Boxfishes
Honeycomb cowfish, Lactophrys polygonia
Scrawled cowfish, Lactophrys quadricornis
Trunkfish, Lactophrys trigonus
Spotted trunkfish, Lactophrys bicaudalis
Smooth trunkfish, Lactophrys triqueter
Labridae--Wrasses
Hogfish, Lachnolaimus maximus
Puddingwife, Halichoeres radiatus
Spanish hogfish, Bodianus rufus
Pomacanthidae--Angelfishes
Queen angelfish, Holacanthus ciliaris
Gray angelfish, Pomacanthus arcuatus
French angelfish, Pomacanthus paru
Aquarium Trade Species in the Caribbean Reef Fish FMP:
Frogfish, Antennarius spp.
Flamefish, Apogon maculatus
Conchfish, Astrapogon stellatus
Redlip blenny, Ophioblennius atlanticus
Peacock flounder, Bothus lunatus
Longsnout butterflyfish, Chaetodon aculeatus
Foureye butterflyfish, Chaetodon capistratus
Spotfin butterflyfish, Chaetodon ocellatus
Banded butterflyfish, Chaetodon striatus
Redspotted hawkfish, Amblycirrhitus pinos
Flying gurnard, Dactylopterus volitans
Atlantic spadefish, Chaetodipterus faber
Neon goby, Gobiosoma oceanops
Rusty goby, Priolepis hipoliti
Royal gramma, Gramma loreto
Creole wrasse, Clepticus parrae
Yellowcheek wrasse, Halichoeres cyanocephalus
Yellowhead wrasse, Halichoeres garnoti
321
Clown wrasse, Halichoeres maculipinna
Pearly razorfish, Hemipteronotus novacula
Green razorfish, Hemipteronotus splendens
Bluehead wrasse, Thalassoma bifasciatum
Chain moray, Echidna catenata
Green moray, Gymnothorax funebris
Goldentail moray, Gymnothorax miliaris
Batfish, Ogcocephalus spp.
Goldspotted eel, Myrichthys ocellatus
Yellowhead jawfish, Opistognathus aurifrons
Dusky jawfish, Opistognathus whitehursti
Cherubfish, Centropyge argi
Rock beauty, Holacanthus tricolor
Sergeant major, Abudefduf saxatilis
Blue chromis, Chromis cyanea
Sunshinefish, Chromis insolata
Yellowtail damselfish, Microspathodon chrysurus
Dusky damselfish, Pomacentrus fuscus
Beaugregory, Pomacentrus leucostictus
Bicolor damselfish, Pomacentrus partitus
Threespot damselfish, Pomacentrus planifrons
Glasseye snapper, Priacanthus cruentatus
High-hat, Equetus acuminatus
Jackknife-fish, Equetus lanceolatus
Spotted drum, Equetus punctatus
Scorpaenidae--Scorpionfishes
Butter hamlet, Hypoplectrus unicolor
Swissguard basslet, Liopropoma rubre
Greater soapfish, Rypticus saponaceus
Orangeback bass, Serranus annularis
Lantern bass, Serranus baldwini
Tobaccofish, Serranus tabacarius
Harlequin bass, Serranus tigrinus
Chalk bass, Serranus tortugarum
Caribbean tonguefish, Symphurus arawak
Seahorses, Hippocampus spp.
Pipefishes, Syngnathus spp.
Sand diver, Synodus intermedius
Sharpnose puffer, Canthigaster rostrata
Porcupinefish, Diodon hystrix
Return to Table of Contents
Table 3 of Appendix A to Part 622--Gulf Reef Fish
Balistidae--Triggerfishes
Gray triggerfish, Balistes capriscus
Carangidae--Jacks
322
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
Labridae--Wrasses
Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray (mangrove) snapper, Lutjanus griseus
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Wenchman, Pristipomoides aquilonaris
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Goldface tilefish, Caulolatilus chrysops
Blueline tilefish, Caulolatilus microps
Tilefish, Lopholatilus chamaeleonticeps
Serranidae--Groupers
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Goliath grouper, Epinephelus itajara
Red grouper, Epinephelus morio
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa
Return to Table of Contents
Table 4 of Appendix A to Part 622--South Atlantic Snapper-
Grouper
Balistidae--Triggerfishes
Gray triggerfish, Balistes capriscus
Carangidae--Jacks
Bar jack, Caranx ruber
Greater amberjack, Seriola dumerili
Lesser amberjack, Seriola fasciata
Almaco jack, Seriola rivoliana
Banded rudderfish, Seriola zonata
323
Ephippidae--Spadefishes
Spadefish, Chaetodipterus faber
Haemulidae--Grunts
Margate, Haemulon album
Tomtate, Haemulon aurolineatum
Sailor's choice, Haemulon parrai
White grunt, Haemulon plumieri
Labridae--Wrasses
Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
Black snapper, Apsilus dentatus
Queen snapper, Etelis oculatus
Mutton snapper, Lutjanus analis
Blackfin snapper, Lutjanus buccanella
Red snapper, Lutjanus campechanus
Cubera snapper, Lutjanus cyanopterus
Gray snapper, Lutjanus griseus
Mahogany snapper, Lutjanus mahogoni
Dog snapper, Lutjanus jocu
Lane snapper, Lutjanus synagris
Silk snapper, Lutjanus vivanus
Yellowtail snapper, Ocyurus chrysurus
Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
Blueline tilefish, Caulolatilus microps
Golden tilefish, Lopholatilus chamaeleonticeps
Sand tilefish, Malacanthus plumieri
Percichthyidae--Temperate basses
Wreckfish, Polyprion americanus
Serranidae--Groupers
Rock hind, Epinephelus adscensionis
Graysby, Epinephelus cruentatus
Speckled hind, Epinephelus drummondhayi
Yellowedge grouper, Epinephelus flavolimbatus
Coney, Epinephelus fulvus
Red hind, Epinephelus guttatus
Goliath grouper, Epinephelus itajara
Red grouper, Epinephelus morio
Misty grouper, Epinephelus mystacinus
Warsaw grouper, Epinephelus nigritus
Snowy grouper, Epinephelus niveatus
Nassau grouper, Epinephelus striatus
Black grouper, Mycteroperca bonaci
Yellowmouth grouper, Mycteroperca interstitialis
Gag, Mycteroperca microlepis
Scamp, Mycteroperca phenax
Yellowfin grouper, Mycteroperca venenosa
324
Serranidae--Sea Basses
Black sea bass, Centropristis striata
Sparidae--Porgies
Jolthead porgy, Calamus bajonado
Saucereye porgy, Calamus calamus
Whitebone porgy, Calamus leucosteus
Knobbed porgy, Calamus nodosus
Red porgy, Pagrus pagrus
Scup, Stenotomus chrysops
The following species are designated as ecosystem component
species:
Cottonwick, Haemulon melanurum
Bank sea bass, Centropristis ocyurus
Rock sea bass, Centropristis philadelphica
Longspine porgy, Stenotomus caprinus
Ocean triggerfish, Canthidermis sufflamen
Schoolmaster, Lutjanus apodus
Return to Table of Contents
Table 5 of Appendix A to Part 622--Caribbean Conch Resources
Queen conch, Strombus gigas
Return to Table of Contents
325
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 No. and reference location1
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'
326
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.
1Nearest identifiable landfall, boundary, navigational aid, or
submarine area.
Return to Table of Contents
327
Table 2 of Appendix B to Part 622--Seaward Coordinates of the
Stressed Area
Point No. and reference location1
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'
328
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'
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.
1Nearest identifiable landfall, boundary, navigational aid, or
submarine area.
Return to Table of Contents
329
Appendix C to Part 622--Fish Length Measurements
Figure 1 of Appendix C to Part 622--Carapace Length
Return to Table of Contents
330
Return to Table of Contents
Figure 2. Appendix C to Part 622--Illustration of length
measurements.
331
Appendix D to Part 622--Specifications for Certified BRDs
A. Extended Funnel.
1. Description. The extended funnel BRD consists of an
extension with large-mesh webbing in the center (the large-mesh
escape section) and small-mesh webbing on each end held open by
a semi-rigid hoop. A funnel of small-mesh webbing is placed
inside the extension to form a passage for shrimp to the cod
end. It also creates an area of reduced water flow to allow for
fish escapement through the large mesh. One side of the funnel
is extended vertically to form a lead panel and area of reduced
water flow. There are two sizes of extended funnel BRDs, a
standard size and an inshore size for small trawls.
2. Minimum Construction and Installation Requirements for
Standard Size.
(a) Extension Material. The small-mesh sections used on
both sides of the large-mesh escape section are constructed of 1
5/8 inch (4.13 cm), No. 30 stretched mesh, nylon webbing. The
front section is 120 meshes around by 6 ½ meshes deep. The back
section is 120 meshes around by 23 meshes deep.
(b) Large-Mesh Escape Section. The large-mesh escape
section is constructed of 8 to 10 inch (20.3 to 25.4 cm),
stretched mesh, webbing. This section is cut on the bar to form
a section that is 15 inches (38.1 cm) in length by 95 inches
(241.3 cm) in circumference. The leading edge is attached to the
6 ½-mesh extension section and the rear edge is attached to the
23-mesh extension section.
(c) Funnel. The funnel is constructed of 1 ½ inch (3.81
cm), stretched mesh, No. 30 depth-stretched and heat-set
polyethylene webbing. The circumference of the leading edge is
120 meshes and the back edge is 78 meshes. The short side of the
funnel is 34 to 36 inches (86.4 to 91.4 cm) long and the
opposite side of the funnel extends an additional 22 to 24
inches (55.9 to 61.0 cm). The circumference of the leading edge
of the funnel is attached to the forward small-mesh section
three meshes forward of the large-mesh escape section and is
evenly sewn, mesh for mesh, to the small-mesh section. The after
edge of the funnel is attached to the after small-mesh section
at its top and bottom eight meshes back from the large-mesh
escape panel. Seven meshes of the top and seven meshes of the
bottom of the funnel are attached to eight meshes at the top and
bottom of the small-mesh section, such eight meshes being
located immediately adjacent to the top and bottom centers of
the small-mesh section on the side of the funnel's extended
side. The extended side of the funnel is sewn at its top and
bottom to the top and bottom of the small-mesh section,
extending at an angle toward the top and bottom centers of the
332
small-mesh section.
(d) Semi-Rigid Hoop. A 30-inch (76.2-cm) diameter hoop
constructed of plastic-coated trawl cable, swaged together with
a 3/8-inch (9.53-mm) micropress sleeve, is installed five meshes
behind the trailing edge of the large-mesh escape section. The
extension webbing must be laced to the ring around the entire
circumference and must be equally distributed on the hoop, that
is, 30 meshes must be evenly attached to each quadrant.
(e) Installation. The extended funnel BRD is attached 8
inches (20.3 cm) behind the posterior edge of the TED. If it is
attached behind a soft TED, a second semi-rigid hoop, as
prescribed in paragraph A.2.(d), must be installed in the front
section of the BRD extension webbing at the leading edge of the
funnel. The cod end of the trawl net is attached to the trailing
edge of the BRD.
3. Minimum Construction and Installation Requirements for
Inshore Size.
(a) Extension Material. The small-mesh sections used on
both sides of the large-mesh escape section are constructed of 1
3/8 inch (3.5 cm), No. 18 stretched mesh, nylon webbing. The
front section is 120 meshes around by 6 ½ meshes deep. The back
section is 120 meshes around by 23 meshes deep.
(b) Large-Mesh Escape Section. The large-mesh escape
section is constructed of 8 to 10 inch (20.3 to 25.4 cm),
stretched mesh, webbing. This section is cut on the bar to form
a section that is 15 inches (38.1 cm) by 75 inches (190.5 cm) in
circumference. The leading edge is attached to the 6 ½-mesh
extension section and the rear edge is attached to the 23-mesh
extension section.
(c) Funnel. The funnel is constructed of 1 3/8 inch (3.5
cm), stretched mesh, No. 18 depth-stretched and heat-set
polyethylene webbing. The circumference of the leading edge is
120 meshes and the back edge is 78 meshes. The short side of the
funnel is 30 to 32 inches (76.2 to 81.3 cm) long and the
opposite side of the funnel extends an additional 20 to 22
inches (50.8 to 55.9 cm). The circumference of the leading edge
of the funnel is attached to the forward small-mesh section
three meshes forward of the large-mesh escape section and is
evenly sewn, mesh for mesh, to the small-mesh section. The after
edge of the funnel is attached to the after small-mesh section
at its top and bottom eight meshes back from the large-mesh
escape panel. Seven meshes of the top and seven meshes of the
bottom of the funnel are attached to eight meshes at the top and
bottom of the small-mesh section, such eight meshes being
located immediately adjacent to the top and bottom centers of
the small-mesh section on the side of the funnel's extended
side. The extended side of the funnel is sewn at its top and
333
bottom to the top and bottom of the small-mesh section,
extending at an angle toward the top and bottom centers of the
small-mesh section.
(d) Semi-Rigid Hoop. A 24-inch (61.0-cm) diameter hoop
constructed of plastic-coated trawl cable, swaged together with
a 3/8-inch (9.53-mm) micropress sleeve, is installed five meshes
behind the trailing edge of the large mesh section. The
extension webbing must be laced to the ring around the entire
circumference and must be equally distributed on the hoop, that
is, 30 meshes must be evenly attached to each quadrant.
(e) Installation. The extended funnel BRD is attached 8
inches (20.3 cm) behind the posterior edge of the TED. If it is
attached behind a soft TED, a second semi-rigid hoop, as
prescribed in paragraph A.3.(d), must be installed in the front
section of the BRD extension webbing at the leading edge of the
funnel. The cod end of the trawl net is attached to the trailing
edge of the BRD.
B. Expanded Mesh. The expanded mesh BRD is constructed and
installed exactly the same as the standard size extended funnel
BRD, except that one side of the funnel is not extended to form
a lead panel.
C. Fisheye.
1. Description. The fisheye BRD is a cone-shaped rigid
frame constructed from aluminum or steel rod of at least 1/4
inch (6.35-mm) diameter, which is inserted into the cod end to
form an escape opening.
2. Minimum Construction and Installation Requirements. The
fisheye has a minimum escape opening dimension of 5 inches (12.7
cm) and a minimum total escape opening area of 36 in2 (91.4 cm2).
When the fisheye BRD is installed, no part of the lazy line
attachment system (i.e., any mechanism, such as elephant ears or
choker straps, used to attach the lazy line to the cod end) may
overlap the fisheye escape opening when the fisheye is installed
aft of the attachment point of the cod end retrieval system.
(a) In the Gulf EEZ, the fisheye BRD must be installed at
the top center of the cod end of the trawl to create an opening
in the trawl facing in the direction of the mouth of the trawl
no further forward than 9 ft (2.7 m) from the cod end drawstring
(tie-off rings).
(b) In the South Atlantic EEZ, the fisheye BRD must be
installed at the top center of the cod end of the trawl to
create an escape opening in the trawl facing the direction of
the mouth of the trawl no further forward than 11 ft (3.4 m)
from the cod end tie-off rings.
D. Gulf fisheye.
1. Description. The Gulf fisheye is a cone-shaped rigid
frame constructed from aluminum or steel rod of at least 1/4
334
inch (6.35-mm) diameter, which is inserted into the top center
of the cod end, and is offset not more than 15 meshes
perpendicular to the top center of the cod end to form an escape
opening.
2. Minimum Construction and Installation Requirements. The
Gulf fisheye has a minimum escape opening dimension of 5 inches
(12.7 cm) and a minimum total escape opening area of 36 in2 (91.4
cm2). To be used in the South Atlantic EEZ, the Gulf fisheye BRD
must be installed in the cod end of the trawl to create an
escape opening in the trawl, facing in the direction of the
mouth of the trawl, no less than 8.5 ft (2.59 m) and no further
forward than 12.5 ft (3.81 m) from the cod end tie-off rings,
and may be offset no more than 15 meshes perpendicular to the
top center of the cod end. When the Gulf fisheye BRD is
installed, no part of the lazy line attachment system (i.e., any
mechanism, such as elephant ears or choker straps, used to
attach the lazy line to the cod end) may overlap the fisheye
escape opening when the fisheye is installed aft of the
attachment point of the cod end retrieval system.
E. Jones-Davis.
1. Description. The Jones-Davis BRD is similar to the
expanded mesh and the extended funnel BRDs except that the fish
escape openings are windows cut around the funnel rather than
large-mesh sections. In addition, a webbing cone fish deflector
is installed behind the funnel.
2. Minimum Construction and Installation Requirements. The
Jones-Davis BRD must contain all of the following.
(a) Webbing extension. The webbing extension must be
constructed from a single piece of 1 5/8-inch (3.5-cm) stretch
mesh number 30 nylon 42 meshes by 120 meshes. A tube is formed
from the extension webbing by sewing the 42-mesh side together.
(b) 28-inch (71.1-cm) cable hoop. A single hoop must be
constructed of ½-inch (1.3-cm) steel cable 88 inches (223.5 cm)
in length. The cable must be joined at its ends by a 3-inch
(7.6-cm) piece of ½-inch (1.3-cm) aluminum pipe and pressed with
a 3/8-inch (0.95-cm) die to form a hoop. The inside diameter of
this hoop must be between 27 and 29 inches (68.6 and 73.7 cm).
The hoop must be attached to the extension webbing 17 ½ meshes
behind the leading edge. The extension webbing must be quartered
and attached in four places around the hoop, and every other
mesh must be attached all the way around the hoop using number
24 twine or larger. The hoop must be laced with 3/8-inch (0.95-
cm) polypropylene or polyethylene rope for chaffing.
(c) 24-inch (61.0-cm) hoop. A single hoop must be
constructed of either number 60 twine 80 inches (203.2 cm) in
length or 3/8-inch (0.95-cm) steel cable 75 ½ inches (191.8 cm)
in length. If twine is used, the twine must be laced in and out
335
of the extension webbing 39 meshes behind the leading edge, and
the ends must be tied together. If cable is used, the cable must
be joined at its ends by a 3-inch (7.6-cm) piece of 3/8-inch
(0.95-cm) aluminum pipe and pressed together with a 1/4-inch
(0.64-cm) die to form a hoop. The inside diameter of this hoop
must be between 23 and 25 inches (58.4 and 63.4 cm). The hoop
must be attached to the extension webbing 39 meshes behind the
leading edge. The extension webbing must be quartered and
attached in four places around the hoop, and every other mesh
must be attached all the way around the hoop using number 24
twine or larger. The hoop must be laced with 3/8-inch (0.95-cm)
polypropylene or polyethylene rope for chaffing.
(d) Funnel. The funnel must be constructed from four
sections of 1 ½-inch (3.8-cm) heat-set and depth-stretched
polypropylene or polyethylene webbing. The two side sections
must be rectangular in shape, 29 ½ meshes on the leading edge by
23 meshes deep. The top and bottom sections are 29 ½ meshes on
the leading edge by 23 meshes deep and tapered 1 point 2 bars on
both sides down to 8 meshes across the back. The four sections
must be sewn together down the 23-mesh edge to form the funnel.
(e) Attachment of the funnel in the webbing extension. The
funnel must be installed two meshes behind the leading edge of
the extension starting at the center seam of the extension and
the center mesh of the funnel's top section leading edge. On the
same row of meshes, the funnel must be sewn evenly all the way
around the inside of the extension. The funnel's top and bottom
back edges must be attached one mesh behind the 28-inch (71.1-
cm) cable hoop (front hoop). Starting at the top center seam,
the back edge of the top funnel section must be attached four
meshes each side of the center. Counting around 60 meshes from
the top center, the back edge of the bottom section must be
attached 4 meshes on each side of the bottom center. Clearance
between the side of the funnel and the 28-inch (71.1-cm) cable
hoop (front hoop) must be at least 6 inches (15.2 cm) when
measured in the hanging position.
(f) Cutting the escape openings. The leading edge of the
escape opening must be located within 18 inches (45.7 cm) of the
posterior edge of the turtle excluder device (TED) grid. The
area of the escape opening must total at least 864 in2 (5,574.2
cm2). Two escape openings 10 meshes wide by 13 meshes deep must
be cut 6 meshes apart in the extension webbing, starting at the
top center extension seam, 3 meshes back from the leading edge
and 16 meshes to the left and to the right (total of four
openings). The four escape openings must be double selvaged for
strength.
(g) Alternative Method for Constructing the Funnel and
Escape Openings. The following method for constructing the
336
funnel and escape openings may be used instead of the method
described in paragraphs F.2.d., F.2.e., and F.2.f. of this
section. With this alternative method, the funnel and escape
openings are formed by cutting a flap in each side of the
extension webbing; pushing the flaps inward; and attaching the
top and bottom edges along the bars of the extension webbing to
form the v-shape of the funnel. Minimum requirements applicable
to this method include: the funnel's top and bottom back edges
must be attached one mesh behind the 28-inch (71.1-cm) cable
hoop (front hoop); clearance between the side of the funnel and
the 28-inch (71.1-cm) cable hoop (front hoop) must be at least 6
inches (15.2 cm) when measured in the hanging position; the
leading edge of the escape opening must be located within 18
inches (45.7 cm) of the posterior edge of the turtle excluder
device (TED) grid; and, the area of the escape opening must
total at least 864 in2 (5,574.2 cm2). To construct the funnel and
escape openings using this method, begin 3 ½ meshes from the
leading edge of the extension, at the top center seam, count
over 18 meshes on each side, and cut 13 meshes toward the back
of the extension. Turn parallel to the leading edge, and cut 26
meshes toward the bottom center of the extension. Next, turn
parallel to the top center seam, and cut 13 meshes forward
toward the leading edge, creating a flap of webbing 13 meshes by
26 meshes by 13 meshes. Lengthen the flap to 18 meshes by adding
a 4 ½-mesh by 26-mesh rectangular section of webbing to the 26-
mesh edge. Attach the 18-mesh edges to the top and bottom of the
extension by sewing 2 bars of the extension to 1 mesh on the
flap in toward the top center and bottom center of the
extension, forming the exit opening and the funnel. Connect the
two flaps together in the center with a 7-inch piece of number
42 twine to allow adequate clearance for fish escapement between
the flaps and the side openings. On each side, sew a 6-mesh by
10 ½-mesh section of webbing to 6 meshes of the center of the
26-mesh cut on the extension and 6 meshes centered between the
13-mesh cuts 3 ½ meshes from the leading edge. This forms two
10-mesh by 13-mesh openings on each side.
(h) Cone fish deflector. The cone fish deflector is
constructed of 2 pieces of 1 5/8-inch (4.13-cm) polypropylene or
polyethylene webbing, 40 meshes wide by 20 meshes in length and
cut on the bar on each side forming a triangle. Starting at the
apex of the two triangles, the two pieces must be sewn together
to form a cone of webbing. The apex of the cone fish deflector
must be positioned within 10-14 inches (25.4-35.6 cm) of the
posterior edge of the funnel.
(i) 11-inch (27.9-cm) cable hoop for cone deflector. A
single hoop must be constructed of 5/16-inch (0.79-cm) or 3/8-
inch (0.95-cm) cable 34 ½ inches (87.6 cm) in length. The ends
337
must be joined by a 3-inch (7.6-cm) piece of 3/8-inch (0.95-cm)
aluminum pipe pressed together with a 1/4-inch (0.64-cm) die.
The hoop must be inserted in the webbing cone, attached 10
meshes from the apex and laced all the way around with heavy
twine.
(j) Installation of the cone in the extension. The cone
must be installed in the extension 12 inches (30.5 cm) behind
the back edge of the funnel and attached in four places. The
midpoint of a piece of number 60 twine 4 ft (1.22 m) in length
must be attached to the apex of the cone. This piece of twine
must be attached to the 28-inch (71.1-cm) cable hoop at the
center of each of its sides; the points of attachment for the
two pieces of twine must be measured 20 inches (50.8 cm) from
the midpoint attachment. Two 8-inch (20.3-cm) pieces of number
60 twine must be attached to the top and bottom of the 11-inch
(27.9-cm) cone hoop. The opposite ends of these two pieces of
twine must be attached to the top and bottom center of the 24-
inch (61-cm) cable hoop; the points of attachment for the two
pieces of twine must be measured 4 inches (10.2 cm) from the
points where they are tied to the 11-inch (27.9-cm) cone hoop.
F. Modified Jones-Davis.
1. Description. The Modified Jones-Davis BRD is a variation
to the alternative funnel construction method of the Jones-Davis
BRD except the funnel is assembled by using depth-stretched and
heat-set polyethylene webbing instead of the flaps formed from
the extension webbing. In addition, no hoops are used to hold
the BRD open.
2. Minimum Construction and Installation Requirements. The
Modified Jones-Davis BRD must contain all of the following.
(a) Webbing extension. The webbing extension must be
constructed from a single rectangular piece of 1 5/8-inch (4.1-
cm) stretch mesh number 30 nylon with dimensions of 39 1/2
meshes by 150 meshes. A tube is formed from the extension
webbing by sewing the 39 ½-mesh-sides together.
(b) Funnel. The funnel must be constructed from two
sections of 1 5/8-inch (4.1-cm) heat-set and depth-stretched
polypropylene or polyethylene webbing. The two side sections
must be rectangular in shape, 25 meshes on the leading edge by
21 meshes deep. The 25-mesh leading edge of each polyethylene
webbing section must be sewn evenly two meshes in from the front
of the extension webbing starting 25 meshes from the top center
on each side. The 21-mesh edge must be sewn to the extension
webbing on a 9-bar and 1-mesh angle in the top and bottom,
forming a V-shape funnel.
(c) Cutting the escape opening. The leading edge of the
escape openings must be located within 18 inches (45.7 cm) of
the posterior edge of the turtle excluder device (TED) grid. The
338
area of the escape opening must total at least 635 in2 (4,097
cm2). Two escape openings, 6 meshes wide by 12 meshes deep, must
be cut 4 meshes apart in the extension webbing, starting at the
top center extension seam, 7 meshes back from the leading edge,
and 30 meshes to the left and to the right (total of four
openings). The four escape openings must be double selvaged for
strength.
(d) Cone fish deflector. The cone fish deflector is
constructed of 2 pieces of 1 5/8-inch (4.1-cm) polypropylene or
polyethylene webbing, 40 meshes wide by 20 meshes in length and
cut on the bar on each side forming a triangle. Starting at the
apex of the two triangles, the two pieces must be sewn together
to form a cone of webbing. The apex of the cone fish deflector
must be positioned within 12 inches (30.5 cm) of the posterior
edge of the funnel.
(e) 11-inch (27.9-cm) cable hoop for cone deflector. A
single hoop must be constructed of 5/16-inch (0.79-cm) or 3/8-
inch (0.95-cm) cable 34 1/2 inches (87.6 cm) in length. The ends
must be joined by a 3-inch (7.6-cm) piece of 3/8-inch (0.95-cm)
aluminum pipe pressed together with a 1/4-inch (0.64-cm) die.
The hoop must be inserted in the webbing cone, attached 10
meshes from the apex and laced all the way around with heavy
twine.
(f) Installation of the cone in the extension. The apex of
the cone must be installed in the extension within 12 inches
(30.5 cm) behind the back edge of the funnel and attached in
four places. The midpoint of a piece of number 60 twine (or at
least 4-mesh wide strip of number 21 or heavier webbing) 3 ft
(1.22 m) in length must be attached to the apex of the cone.
This piece of twine or webbing must be attached within 5 meshes
of the aft edge of the funnel at the center of each of its
sides. Two 12-inch (30.5-cm) pieces of number 60 (or heavier)
twine must be attached to the top and bottom of the 11-inch
(27.9-cm) cone hoop. The opposite ends of these two pieces of
twine must be attached to the top and bottom center of the
extension webbing to keep the cone from inverting into the
funnel.
G. [Reserved]
H. Cone Fish Deflector Composite Panel. 1. Description. The
Cone Fish Deflector Composite Panel BRD is a variation to the
alternative funnel construction method of the Jones-Davis BRD,
except the funnel is assembled by using depth-stretched and
heat-set polyethylene webbing with square mesh panels on the
inside instead of the flaps formed from the extension webbing.
In addition, no hoops are used to hold the BRD open.
339
2. Minimum Construction and Installation Requirements. The
Cone Fish Deflector Composite Panel BRD must contain all of the
following:
(a) Webbing extension. The webbing extension must be
constructed from a single rectangular piece of 1 1/2-inch to 1
3/4-inch (3.8-cm to 4.5-cm) stretch mesh with dimensions of 24
1/2 meshes by 150 to 160 meshes. A tube is formed from the
extension webbing piece by sewing the 24 1/2-mesh sides
together. The leading edge of the webbing extension must be
attached no more than 4 meshes from the posterior edge of the
TED grid.
(b) Funnel. The V-shaped funnel consists of two webbing
panels attached to the extension along the leading edge of the
panels. The top and bottom edges of the panels are sewn
diagonally across the extension toward the center to form the
funnel. The panels are 2-ply in design, each with an inner layer
of 1 1/2-inch to 1 5/8-inch (3.8-cm to 4.1-cm) heat-set and
depth-stretched polyethylene webbing and an outer layer
constructed of no larger than 2-inch (5.1-cm) square mesh
webbing (1-inch bar). The inner webbing layer must be
rectangular in shape, 36 meshes on the leading edge by 20 meshes
deep. The 36-mesh leading edges of the polyethylene webbing
should be sewn evenly to 24 meshes of the extension webbing 1
1/2 meshes from and parallel to the leading edge of the
extension starting 12 meshes up from the bottom center on each
side. Alternately sew 2 meshes of the polyethylene webbing to 1
mesh of the extension webbing then 1 mesh of the polyethylene
webbing to 1 mesh of the extension webbing toward the top. The
bottom 20-mesh edges of the polyethylene layers are sewn evenly
to the extension webbing on a 2 bar 1 mesh angle toward the
bottom back center forming a v-shape in the bottom of the
extension webbing. The top 20-mesh edges of the polyethylene
layers are sewn evenly along the bars of the extension webbing
toward the top back center. The square mesh layers must be
rectangular in shape and constructed of no larger than 2-inch
(5.1-cm) webbing that is 18 inches (45.7 cm) in length on the
leading edge. The depth of the square mesh layer must be no more
than 2 inches (5.1 cm) less than the 20 mesh side of the inner
polyethylene layer when stretched taught. The 18-inch (45.7-cm)
leading edge of each square mesh layer must be sewn evenly to
the 36-mesh leading edge of the polyethylene section and the
sides are sewn evenly (in length) to the 20-mesh edges of the
polyethylene webbing. This will form a v-shape funnel using the
top of the extension webbing as the top of the funnel and the
bottom of the extension webbing as the bottom of the funnel.
(c) Cutting the escape opening. There are two escape
openings on each side of the funnel. The leading edge of the
340
escape openings must be located on the same row of meshes in the
extension webbing as the leading edge of the composite panels.
The lower openings are formed by starting at the first
attachment point of the composite panels and cutting 9 meshes in
the extension webbing on an even row of meshes toward the top of
the extension. Next, turn 90 degrees and cut 15 points on an
even row toward the back of the extension webbing. At this point
turn and cut 18 bars toward the bottom front of the extension
webbing. Finish the escape opening by cutting 6 points toward
the original starting point. The top escape openings start 5
meshes above and mirror the lower openings. Starting at the
leading edge of the composite panel and 5 meshes above the lower
escape opening, cut 9 meshes in the extension on an even row of
meshes toward the top of the extension. Next, turn 90 degrees,
and cut 6 points on an even row toward the back of the extension
webbing. Then cut 18 bars toward the bottom back of the
extension. To complete the escape opening, cut 15 points forward
toward the original starting point. The area of each escape
opening must total at least 212 in2 (1,368 cm2). The four escape
openings must be double selvaged for strength.
(d) Cone fish deflector. The cone fish deflector is
constructed of 2 pieces of 1 5/8-inch (4.1-cm) polypropylene or
polyethylene webbing, 40 meshes wide by 20 meshes in length and
cut on the bar on each side forming a triangle. Starting at the
apex of the two triangles, the two pieces must be sewn together
to form a cone of webbing. The apex of the cone fish deflector
must be positioned within 12 inches (30.5 cm) of the posterior
edge of the funnel.
(e) 11-inch (27.9-cm) cable hoop for cone deflector. A
single hoop must be constructed of 5/16-inch (0.79-cm) or 3/8-
inch (0.95-cm) cable 34 1/2 inches (87.6 cm) in length. The ends
must be joined by a 3-inch (7.6-cm) piece of 3/8-inch (0.95-cm)
aluminum pipe pressed together with a 1/4-inch (0.64-cm) die.
The hoop must be inserted in the webbing cone, attached 10
meshes from the apex and laced all the way around with heavy
twine.
(f) Installation of the cone in the extension. The apex of
the cone must be installed in the extension within 12 inches
(30.5 cm) behind the back edge of the funnel and attached in
four places. The midpoint of a piece of number 60 twine (or at
least 4-mesh wide strip of number 21 or heavier webbing) 3 ft
(1.22 m) in length must be attached to the apex of the cone.
This piece of twine or webbing must be attached within 5 meshes
of the aft edge of the funnel at the center of each of its
sides. Two 12-inch (30.5-cm) pieces of number 60 (or heavier)
twine must be attached to the top and bottom of the 11-inch
(27.9-cm) cone hoop. The opposite ends of these two pieces of
341
twine must be attached to the top and bottom center of the
extension webbing to keep the cone from inverting into the
funnel.
I. Square Mesh Panel (SMP) Composite Panel
1. Description. The SMP is a panel of square mesh webbing
placed in the top of the cod end to provide finfish escape
openings.
2. Minimum Construction and Installation Requirements. The
SMP Composite Panel BRD must contain all of the following:
(a) Webbing extension. The webbing extension must be
constructed from a single rectangular piece of 1 1/2-inch to 1
3/4-inch (3.8-cm to 4.5-cm) stretch mesh with dimensions of 24
1/2 meshes by 150 to 160 meshes. A tube is formed from the
extension webbing piece by sewing the 24 1/2-mesh sides
together. The leading edge of the webbing extension must be
attached no more than 4 meshes from the posterior edge of the
TED grid.
(b) Funnel. The V-shaped funnel consists of two webbing
panels attached to the extension along the leading edge of the
panels. The top and bottom edges of the panels are sewn
diagonally across the extension toward the center to form the
funnel. The panels are 2-ply in design, each with an inner layer
of 1 1/2-inch to 1 5/8-inch (3.8-cm to 4.1-cm) heat-set and
depth-stretched polyethylene webbing and an outer layer
constructed of no larger than 2-inch (5.1-cm) square mesh
webbing (1-inch bar). The inner webbing layer must be
rectangular in shape, 36 meshes on the leading edge by 20 meshes
deep. The 36-mesh leading edges of the polyethylene webbing
should be sewn evenly to 24 meshes of the extension webbing 1
1/2 meshes from and parallel to the leading edge of the
extension starting 12 meshes up from the bottom center on each
side. Alternately sew 2 meshes of the polyethylene webbing to 1
mesh of the extension webbing then 1 mesh of the polyethylene
webbing to 1 mesh of the extension webbing toward the top. The
bottom 20-mesh edges of the polyethylene layers are sewn evenly
to the extension webbing on a 2 bar 1 mesh angle toward the
bottom back center forming a v-shape in the bottom of the
extension webbing. The top 20-mesh edges of the polyethylene
layers are sewn evenly along the bars of the extension webbing
toward the top back center. The square mesh layers must be
rectangular in shape and constructed of no larger than 2-inch
(5.1-cm) webbing that is 18 inches (45.7 cm) in length on the
leading edge. The depth of the square mesh layer must be no more
than 2 inches (5.1 cm) less than the 20 mesh side of the inner
polyethylene layer when stretched taught. The 18-inch (45.7-cm)
leading edge of each square mesh layer must be sewn evenly to
the 36-mesh leading edge of the polyethylene section and the
342
sides are sewn evenly (in length) to the 20-mesh edges of the
polyethylene webbing. This will form a v-shape funnel using the
top of the extension webbing as the top of the funnel and the
bottom of the extension webbing as the bottom of the funnel.
(c) Cutting the escape opening. There are two escape
openings on each side of the funnel. The leading edge of the
escape openings must be located on the same row of meshes in the
extension webbing as the leading edge of the composite panels.
The lower openings are formed by starting at the first
attachment point of the composite panels and cutting 9 meshes in
the extension webbing on an even row of meshes toward the top of
the extension. Next, turn 90 degrees and cut 15 points on an
even row toward the back of the extension webbing. At this point
turn and cut 18 bars toward the bottom front of the extension
webbing. Finish the escape opening by cutting 6 points toward
the original starting point. The top escape openings start 5
meshes above and mirror the lower openings. Starting at the
leading edge of the composite panel and 5 meshes above the lower
escape opening, cut 9 meshes in the extension on an even row of
meshes toward the top of the extension. Next, turn 90 degrees,
and cut 6 points on an even row toward the back of the extension
webbing. Then cut 18 bars toward the bottom back of the
extension. To complete the escape opening, cut 15 points forward
toward the original starting point. The area of each escape
opening must total at least 212 in2 (1,368 cm2). The four escape
openings must be double selvaged for strength.
(d) SMP. The SMP is constructed from a single piece of
square mesh webbing with a minimum dimension of 5 squares wide
and 12 squares in length with a minimum mesh size of 3-inch (76-
mm) stretched mesh. The maximum twine diameter of the square
mesh is number 96 twine (4 mm).
(e) Cutting the SMP escape opening. The escape opening is a
rectangular hole cut in the top center of the cod end webbing.
The posterior edge of the escape opening must be placed no
farther forward that 8 ft (2.4 m) from the cod end drawstring
(tie-off rings). The width of the escape opening, as measured
across the cod end, must be four cod end meshes per square of
the SMP (i.e., a cut of 20 cod end meshes for a SMP that is 5
meshes wide). The stretched mesh length of the escape opening
must be equal to the total length of the SMP. No portion of the
SMP escape opening may be covered with additional material or
netting such as chaffing webbing, which might impede or prevent
fish escapement.
(f) Installation of the SMP. The SMP must be attached to
the edge of the escape opening evenly around the perimeter of
the escape opening cut with heavy twine.
Return to Table of Contents
343
Appendix E to Part 622–-Caribbean Island/Island Group Management
Areas
Table 1 of Appendix E to Part 622--Coordinates of the Puerto
Rico Management Area
The Puerto Rico management area is bounded by rhumb lines
connecting, in order, the following points.
Point
North lat.
West long.
A (intersects with the
International/EEZ boundary)
19°37'29"
65°20'57"
B
18°25'46.3015"
65°06'31.866"
From Point B, proceed southerly
along the 3-nautical mile
Territorial boundary of the St.
Thomas/St. John island group to
Point C
C
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
International/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--Coordinates of the St. Croix
Management Area
The St. Croix management area is bounded by rhumb lines
connecting, in order, the 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 International/EEZ
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"
344
Table 3 of Appendix E to Part 622--Coordinates of the St.
Thomas/St. John Management Area
The St. Thomas/St. John management area is bounded by rhumb
lines connecting, in 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
International/EEZ boundary to
Point G
G
18°03'03"
64°38'03"
D
18°01'16.9636"
64°57'38.817"
C
18°13'59.0606"
65°05'33.058"
From Point C, proceed northerly
along the 3-nautical mile
Territorial boundary of the St.
Thomas/St. John island group to
Point B
B
18°25'46.3015"
65°06'31.866"
A (intersects with the
International/EEZ boundary)
19°37'29"
65°20'57"
Return to Table of Contents
345
Appendix F to Part 622--Specifications for Sea Turtle Mitigation
Gear and Sea Turtle Handling and Release Requirements
A. Sea turtle mitigation gear.
1. Long-handled line clipper or cutter. Line cutters are
intended to cut high test monofilament line as close as possible
to the hook, and assist in removing line from entangled sea
turtles to minimize any remaining gear upon release. NMFS has
established minimum design standards for the line cutters. The
LaForce line cutter and the Arceneaux line clipper are models
that meet these minimum design standards, and may be purchased
or fabricated from readily available and low-cost materials. One
long-handled line clipper or cutter and a set of replacement
blades are required to be onboard. The minimum design standards
for line cutters are as follows:
(a) A protected and secured cutting blade. The cutting
blade(s) must be capable of cutting 2.0-2.1 mm (0.078 in. -
0.083 in.) monofilament line (400-lb test) or polypropylene
multistrand material, known as braided or tarred mainline, and
must be maintained in working order. The cutting blade must be
curved, recessed, contained in a holder, or otherwise designed
to facilitate its safe use so that direct contact between the
cutting surface and the sea turtle or the user is prevented. The
cutting instrument must be securely attached to an extended
reach handle and be easily replaceable. One extra set of
replacement blades meeting these standards must also be carried
on board to replace all cutting surfaces on the line cutter or
clipper.
(b) An extended reach handle. The line cutter blade must be
securely fastened to an extended reach handle or pole with a
minimum length equal to, or greater than, 150 percent of the
freeboard, or a minimum of 6 ft (1.83 m), whichever is greater.
It is recommended, but not required, that the handle break down
into sections. There is no restriction on the type of material
used to construct this handle as long as it is sturdy and
facilitates the secure attachment of the cutting blade.
2. Long-handled dehooker for internal hooks. A long-handled
dehooking device is intended to remove internal hooks from sea
turtles that cannot be boated. It should also be used to engage
a loose hook when a turtle is entangled but not hooked, and line
is being removed. The design must shield the barb of the hook
and prevent it from re-engaging during the removal process. One
long-handled device to remove internal hooks is required
onboard. The minimum design standards are as follows:
(a) Hook removal device. The hook removal device must be
constructed of approximately 3/16-inch (4.76 mm) to 5/16-inch
(7.94 mm) 316 L stainless steel or similar material and have a
346
dehooking end no larger than 1 7/8-inches (4.76 cm) outside
diameter. The device must securely engage and control the leader
while shielding the barb to prevent the hook from re-engaging
during removal. It may not have any unprotected terminal points
(including blunt ones), as these could cause injury to the
esophagus during hook removal. The device must be of a size
appropriate to secure the range of hook sizes and styles used in
the South Atlantic snapper-grouper fishery.
(b) Extended reach handle. The dehooking end must be
securely fastened to an extended reach handle or pole with a
minimum length equal to or greater than 150 percent of the
freeboard, or a minimum of 6 ft (1.83 m), whichever is greater.
It is recommended, but not required, that the handle break down
into sections. The handle must be sturdy and strong enough to
facilitate the secure attachment of the hook removal device.
3. Long-handled dehooker for external hooks. A long-handled
dehooker is required for use on externally-hooked sea turtles
that cannot be boated. The long-handled dehooker for internal
hooks described in paragraph 2. of this Appendix F would meet
this requirement. The minimum design standards are as follows:
(a) Construction. A long-handled dehooker must be
constructed of approximately 3/16-inch (4.76 mm) to 5/16-inch
(7.94 mm) 316 L stainless steel rod and have a dehooking end no
larger than 1 7/8-inches (4.76 cm) outside diameter. The design
should be such that a fish hook can be rotated out, without
pulling it out at an angle. The dehooking end must be blunt with
all edges rounded. The device must be of a size appropriate to
secure the range of hook sizes and styles used in the South
Atlantic snapper-grouper fishery.
(b) Extended reach handle. The handle must be a minimum
length equal to the freeboard of the vessel or 6 ft (1.83 m),
whichever is greater.
4. Long-handled device to pull an “inverted V”. This tool
is used to pull a “V” in the fishing line when implementing the
“inverted V” dehooking technique, as described in the document
entitled “Careful Release Protocols for Sea Turtle Release With
Minimal Injury,” for disentangling and dehooking entangled sea
turtles. One long-handled device to pull an “inverted V” is
required onboard. If a 6-ft (1.83 m) J-style dehooker is used to
comply with paragraph 4. of this Appendix F, it will also
satisfy this requirement. Minimum design standards are as
follows:
(a) Hook end. This device, such as a standard boat hook,
gaff, or long-handled J-style dehooker, must be constructed of
stainless steel or aluminum. The semicircular or "J" shaped end
must be securely attached to a handle. A sharp point, such as on
a gaff hook, is to be used only for holding the monofilament
347
fishing line and should never contact the sea turtle.
(b) Extended reach handle. The handle must have a minimum
length equal to the freeboard of the vessel, or 6 ft (1.83 m),
whichever is greater. The handle must be sturdy and strong
enough to facilitate the secure attachment of the gaff hook.
5. Dipnet. One dipnet is required onboard. Dipnets are to
be used to facilitate safe handling of sea turtles by allowing
them to be brought onboard for fishing gear removal, without
causing further injury to the animal. Turtles must not be
brought onboard without the use of a dipnet or hoist. The
minimum design standards for dipnets are as follows:
(a) Size of dipnet. The dipnet must have a sturdy net hoop
of at least 31 inches (78.74 cm) inside diameter and a bag depth
of at least 38 inches (96.52 cm) to accommodate turtles below 3
ft (0.914 m) carapace length. The bag mesh openings may not
exceed 3 inches (7.62 cm) by 3 inches (7.62 cm). There must be
no sharp edges or burrs on the hoop, or where it is attached to
the handle. There is no requirement for the hoop to be circular
as long as it meets the minimum specifications.
(b) Extended reach handle. The dipnet hoop must be securely
fastened to an extended reach handle or pole with a minimum
length equal to, or greater than, 150 percent of the freeboard,
or at least 6 ft (1.83 m), whichever is greater. The handle must
be made of a rigid material strong enough to facilitate the
sturdy attachment of the net hoop and be able to support a
minimum of 100 lb (34.1 kg) without breaking or significant
bending or distortion. It is recommended, but not required, that
the extended reach handle break down into sections.
6. Cushion/support device. A standard automobile tire (free
of exposed steel belts), a boat cushion, a large turtle hoist,
or any other comparable cushioned elevated surface, is required
for supporting a turtle in an upright orientation while the
turtle is onboard. The cushion/support device must be
appropriately sized to fully support a range of turtle sizes.
7. Short-handled dehooker for internal hooks. One short-
handled device for removing internal hooks is required onboard.
This dehooker is designed to remove ingested hooks from boated
sea turtles. It can also be used on external hooks or hooks in
the front of the mouth. Minimum design standards are as follows:
(a) Hook removal device. The hook removal device must be
constructed of approximately 3/16-inch (4.76 mm) to 5/16-inch
(7.94 mm) 316 L stainless steel, and must allow the hook to be
secured and the barb shielded without re-engaging during the
removal process. It must be no larger than 1 7/8-inches (4.76
cm) outside diameter. It may not have any unprotected terminal
points (including blunt ones), as this could cause injury to the
esophagus during hook removal. A sliding PVC bite block must be
348
used to protect the beak and facilitate hook removal if the
turtle bites down on the dehooking device. The bite block should
be constructed of a 3/4-inch (1.91 cm) inside diameter high
impact plastic cylinder (e.g., Schedule 80 PVC) that is 4 to 6
inches (10.2 to 15.2 cm) long to allow for 5 inches (12.7 cm) of
slide along the shaft. The device must be of a size appropriate
to secure the range of hook sizes and styles used in the South
Atlantic snapper-grouper fishery.
(b) Handle length. The handle should be approximately 16 to
24 inches (40.64 cm to 60.69 cm) in length, with approximately a
4 to 6-inch (10.2 to 15.2-cm) long tube T-handle of
approximately 1 inch (2.54 cm) in diameter.
8. Short-handled dehooker for external hooks. One short-
handled dehooker for external hooks is required onboard. The
short-handled dehooker for internal hooks required to comply
with paragraph 7. of this Appendix F will also satisfy this
requirement. Minimum design standards are as follows:
(a) Hook removal device. The dehooker must be constructed
of approximately 3/16-inch (4.76 cm) to 5/16-inch (7.94 cm) 316
L stainless steel, and the design must be such that a hook can
be rotated out without pulling it out at an angle. The dehooking
end must be blunt, and all edges rounded. The device must be of
a size appropriate to secure the range of hook sizes and styles
used in the South Atlantic snapper-grouper fishery.
(b) Handle length. The handle should be approximately 16 to
24 inches (40.64 to 60.69 cm) long with approximately a 5-inch
(12.7 cm) long tube T-handle, wire loop handle or similar, of
approximately 1 inch (2.54 cm) in diameter.
9. Long-nose or needle-nose pliers. One pair of long-nose
or needle-nose pliers is required on board. Required long-nose
or needle-nose pliers can be used to remove deeply embedded
hooks from the turtle's flesh that must be twisted during
removal or for removing hooks from the front of the mouth. They
can also hold PVC splice couplings, when used as mouth openers,
in place. Minimum design standards are as follows:
(a) General. They must be approximately 12 inches (30.48
cm) in length, and should be constructed of stainless steel
material.
(b) [Reserved]
10. Bolt cutters. One pair of bolt cutters is required on
board. Required bolt cutters may be used to cut hooks to
facilitate their removal. They should be used to cut off the eye
or barb of a hook, so that it can safely be pushed through a sea
turtle without causing further injury. They should also be used
to cut off as much of the hook as possible, when the remainder
of the hook cannot be removed. Minimum design standards are as
follows:
349
(a) General. They must be approximately 14 to 17 inches
(35.56 to 43.18 cm) in total length, with approximately 4-inch
(10.16 cm) long blades that are 2 1/4 inches (5.72 cm) wide,
when closed, and with approximately 10 to 13-inch (25.4 to
33.02-cm) long handles. Required bolt cutters must be able to
cut hard metals, such as stainless or carbon steel hooks, up to
1/4-inch (6.35 mm) diameter.
(b) [Reserved]
11. Monofilament line cutters. One pair of monofilament
line cutters is required on board. Required monofilament line
cutters must be used to remove fishing line as close to the eye
of the hook as possible, if the hook is swallowed or cannot be
removed. Minimum design standards are as follows:
(a) General. Monofilament line cutters must be
approximately 7 1/2 inches (19.05 cm) in length. The blades must
be 1 inch (4.45 cm) in length and 5/8 inches (1.59 cm) wide,
when closed.
(b) [Reserved]
12. Mouth openers/mouth gags. Required mouth openers and
mouth gags are used to open sea turtle mouths, and to keep them
open when removing internal hooks from boated turtles. They must
allow access to the hook or line without causing further injury
to the turtle. Design standards are included in the item
descriptions. At least two of the seven different types of mouth
openers/gags described below are required:
(a) A block of hard wood. Placed in the corner of the jaw,
a block of hard wood may be used to gag open a turtle's mouth. A
smooth block of hard wood of a type that does not splinter (e.g.
maple) with rounded edges should be sanded smooth, if necessary,
and soaked in water to soften the wood. The dimensions should be
approximately 11 inches (27.94 cm) by 1 inch (2.54 cm) by 1 inch
(2.54 cm). A long-handled, wire shoe brush with a wooden handle,
and with the wires removed, is an inexpensive, effective and
practical mouth-opening device that meets these requirements.
(b) A set of three canine mouth gags. Canine mouth gags are
highly recommended to hold a turtle's mouth open, because the
gag locks into an open position to allow for hands-free
operation after it is in place. These tools are only for use on
small and medium sized turtles, as larger turtles may be able to
crush the mouth gag. A set of canine mouth gags must include one
of each of the following sizes: small (5 inches) (12.7 cm),
medium (6 inches) (15.24 cm), and large (7 inches) (17.78 cm).
They must be constructed of stainless steel. The ends must be
covered with clear vinyl tubing, friction tape, or similar, to
pad the surface.
(c) A set of two sturdy dog chew bones. Placed in the
corner of a turtle's jaw, canine chew bones are used to gag open
350
a sea turtle's mouth. Required canine chews must be constructed
of durable nylon, zylene resin, or thermoplastic polymer, and
strong enough to withstand biting without splintering. To
accommodate a variety of turtle beak sizes, a set must include
one large (5 1/2 - 8 inches(13.97 cm - 20.32 cm) in length), and
one small (3 1/2 - 4 1/2 inches (8.89 cm - 11.43 cm) in length)
canine chew bones.
(d) A set of two rope loops covered with protective tubing.
A set of two pieces of poly braid rope covered with light duty
garden hose or similar flexible tubing each tied or spliced into
a loop to provide a one-handed method for keeping the turtle's
mouth open during hook and/or line removal. A required set
consists of two 3-ft (0.91 m) lengths of poly braid rope (3/8-
inch (9.52 mm) diameter suggested), each covered with an 8-inch
(20.32 cm) section of 1/2 inch (1.27 cm) or 3/4 inch (1.91 cm)
tubing, and each tied into a loop. The upper loop of rope
covered with hose is secured on the upper beak to give control
with one hand, and the second piece of rope covered with hose is
secured on the lower beak to give control with the user's foot.
(e) A hank of rope. Placed in the corner of a turtle's jaw,
a hank of rope can be used to gag open a sea turtle's mouth. A
6-ft (1.83 m) lanyard of approximately 3/16-inch (4.76 mm)
braided nylon rope may be folded to create a hank, or looped
bundle, of rope. Any size soft-braided nylon rope is allowed,
however it must create a hank of approximately 2 - 4 inches
(5.08 cm - 10.16 cm) in thickness.
(f) A set of four PVC splice couplings. PVC splice
couplings can be positioned inside a turtle's mouth to allow
access to the back of the mouth for hook and line removal. They
are to be held in place with the needle-nose pliers. To ensure
proper fit and access, a required set must consist of the
following Schedule 40 PVC splice coupling sizes: 1 inch (2.54
cm), 1 1/4 inch (3.18 cm), 1 1/2 inch (3.81 cm), and 2 inches
(5.08 cm).
(g) A large avian oral speculum. A large avian oral
speculum provides the ability to hold a turtle's mouth open and
to control the head with one hand, while removing a hook with
the other hand. The avian oral speculum must be 9-inches (22.86
cm) long, and constructed of 3/16-inch (4.76 mm) wire diameter
surgical stainless steel (Type 304). It must be covered with 8
inches (20.32 cm) of clear vinyl tubing (5/16-inch (7.9 mm)
outside diameter, 3/16-inch (4.76 mm) inside diameter), friction
tape, or similar to pad the surface.
B. Sea turtle handling and release requirements. Sea turtle
bycatch mitigation gear, as specified in paragraphs A.1. through
4. of this Appendix F, must be used to disengage any hooked or
entangled sea turtles that cannot be brought onboard. Sea turtle
351
bycatch mitigation gear, as specified in paragraphs A.5. through
12. of this Appendix F, must be used to facilitate access, safe
handling, disentanglement, and hook removal or hook cutting of
sea turtles that can be brought onboard, where feasible. Sea
turtles must be handled, and bycatch mitigation gear must be
used, in accordance with the careful release protocols and
handling/release guidelines provided by NMFS and in accordance
with the onboard handling and resuscitation requirements
specified in § 223.206(d)(1)of this title.
1. Boated turtles. When practicable, active and comatose
sea turtles must be brought on board, with a minimum of injury,
using a dipnet as specified in paragraph A.5. of this Appendix
F. All turtles less than 3 ft (.91 m) carapace length should be
boated, if sea conditions permit.
(a) A boated turtle should be placed on a cushioned/support
device, as specified in paragraph A.6. of this Appendix F, in an
upright orientation to immobilize it and facilitate gear
removal. Then, it should be determined if the hook can be
removed without causing further injury. All externally embedded
hooks should be removed, unless hook removal would result in
further injury to the turtle. No attempt to remove a hook should
be made if it has been swallowed and the insertion point is not
visible, or if it is determined that removal would result in
further injury. If a hook cannot be removed, as much line as
possible should be removed from the turtle using monofilament
cutters as specified in paragraph A.11. of this Appendix F, and
the hook should be cut as close as possible to the insertion
point before releasing the turtle, using bolt cutters as
specified in paragraph A.10. of this Appendix F. If a hook can
be removed, an effective technique may be to cut off either the
barb, or the eye, of the hook using bolt cutters, and then to
slide the hook out. When the hook is visible in the front of the
mouth, a mouth-opener, as specified in paragraph A.12. of this
Appendix F, may facilitate opening the turtle's mouth and a gag
may facilitate keeping the mouth open. Short-handled dehookers
for internal hooks, or long-nose or needle-nose pliers, as
specified in paragraphs A.7. and A.8. of this Appendix F,
respectively, should be used to remove visible hooks from the
mouth that have not been swallowed on boated turtles, as
appropriate. As much gear as possible must be removed from the
turtle without causing further injury prior to its release.
Refer to the careful release protocols and handling/release
guidelines required in § 622.10(c)(1), and the handling and
resuscitation requirements specified in § 223.206(d)(1) of this
title, for additional information.
(b) [Reserved]
2. Non-boated turtles. If a sea turtle is too large, or
352
hooked in a manner that precludes safe boating without causing
further damage or injury to the turtle, sea turtle bycatch
mitigation gear specified in paragraphs A.1. through 4. of this
Appendix F must be used to disentangle sea turtles from fishing
gear and disengage any hooks, or to clip the line and remove as
much line as possible from a hook that cannot be removed, prior
to releasing the turtle, in accordance with the protocols
specified in § 622.10(c)(1).
(a) Non-boated turtles should be brought close to the boat
and provided with time to calm down. Then, it must be determined
whether or not the hook can be removed without causing further
injury. All externally embedded hooks must be removed, unless
hook removal would result in further injury to the turtle. No
attempt should be made to remove a hook if it has been
swallowed, or if it is determined that removal would result in
further injury. If the hook cannot be removed and/or if the
animal is entangled, as much line as possible must be removed
prior to release, using a line cutter as specified in paragraph
A.1. of this Appendix F. If the hook can be removed, it must be
removed using a long-handled dehooker as specified in paragraphs
A.2. and A.3. of this Appendix F. Without causing further
injury, as much gear as possible must be removed from the turtle
prior to its release. Refer to the careful release protocols and
handling/release guidelines required in § 622.10(c)(1), and the
handling and resuscitation requirements specified in §
223.206(d)(1) for additional information.
(b) [Reserved]
Return to Table of Contents
Appendix G to Part 622--Coastal Migratory Pelagics Zone
Illustrations
353
Figure 1 of Appendix G to Part 622--King Mackerel (Summer)
354
Figure 2 of Appendix G to Part 622--King Mackerel (Winter)
355
Figure 3 of Appendix G to Part 622--Spanish Mackerel
356
Figure 4 of Appendix G to Part 622--Cobia
Return to Table of Contents

Navigation menu